15 F. 864 | S.D.N.Y. | 1883
The prisoner having been held for extradition, under the treaty with Great Britain, on a charge of forgery, has been brought before me on habeas corpus and certiorari. The authentication of the documents excepted to is made in the exact language of the statute of August 3,1882, § 5, and by the proper officers, and the signature of the police magistrate is also verified by oral proof. It is likewise shown that the documents were authenticated for the purpose of being used in these extradition proceedings. From the oral 'evidence, therefore, in connection with the authentication, the intention is clear to certify that these documents are such as would be received in similar proceedings in the demanding country; and that is sufficient. In re Henrich, 5 Blatchf. 414, 424; In re Farez, 7 Blatchf. 345, 353; In re Fowler, 18 Blatchf. 430; [S. C. 4 Fed. Rep. 303.]
The only other exception is to the refusal of the commissioner to adjourn the proceedings before him in order to enable the accused to procure depositions from England to establish an alibi at the time when he is charged with having uttered the forged bill.
Article 10 of the treaty with Great Britain (St. at Large, “Public Treaties,’’etc., 320) provides for the surrender of the person accused “upon such evidence of criminality as, according to the law of the place whore such fugitive or person so charged shall be.found, would justify his apprehension and commitment for trial if the crime or offense had there been committed.”
According to the practice here, before committing magistrates, (2 Rev. St. N. Y. *708, §§ 13-20; N. Y. Crim. Code, §§ 188-221; In re Farez, 7 Blatchf. 345, 357,) as well as by the provisions of section 3 of the act of August 3, 1882, (c. 378,) while it is the duty of the magistrate before whom extradition proceedings are pending to take such evidence as may be offered on the part of the accused, and to allow
The phrase in section 3 of the act of August 3, 1882, “that he” (the accused) “cannot safely go to trial without them,” (witnesses,) cannot be construed as giving a right to a full trial in violation of treaty stipulations; but it must be confined to such a preliminary hearing only as was already allowable under the existing practice, viz., such as is appropriate to a hearing having reference only to a commitment for future trial.,
The evidence of criminality in this case was sufficient. There is no question as to the commissioner’s jurisdiction. The determination of questions of adjournment, like other questions of practice, belong properly to the discretion and judgment of the commissioner. In re Macdonnell, 11 Blatchf. 79, 100, 170. His decisions on such questions cannot be reviewed on habeas corpus, unless they amount to a
The writ of habeas corpus is therefore dismissed, and the prisoner remanded. _
Affirmed on appeal to the United States circuit court.