Ex parte Bryant

This was an appeal from a final order of the circuit court for the Southern district of New York, dismissing writs of habeas corpus and certiorari sued out by the appellant to obtain his release from the custody of the marshal of that district and the warden of the jail of the city and county of New York.

The proceedings were originally instituted by a complaint made before a commissioner of the circuit court, duly authorized to act in cases of extradition, by her Britannic majesty's consul general at the city of New York, who charged the appellant with the crimes of forgery, larceny, embezzlement, and false entries, committed in the city of London, and demanded his extradition under article 10 of the treaty of November 10, 1842, and article 1 of the treaty supplemental thereto, of March 25, 1890.

The commissioner held that the evidence clearly showed that the appellant had been guilty of a crime specifically mentioned in the treaty stipulations between the two countries, and accordingly held him to await the action of the secretary of state and the final warrant of delivery. Appellant thereupon sued out from the circuit court writs of habeas corpus and certiorari; but that court, holding that there was legal evidence upon which the commissioner could properly exercise his judgment as to the guilt or innocence of the accused, dismissed the writs, and remanded the prisoner to the custody of the marshal for the Southern district of New York. From that order petitioner appealed to this court.

Lorenzo Semple, for appellant.

Charles Fox, for appellees.

Mr. Justice BROWN, after stating the facts in the foregoing language, delivered the opinion of the court.