Page:Federal Reporter, 1st Series, Volume 4.djvu/319

 IN BB FOWLER. 306 �Jowett, with intent thereby to defraud said Jowett, or saià Company; that said Fowler had, on said day, at Bradford, feloniously forged, and afterwards feloniously uttered, know- ing the same to be forged, a check or bank draft dated Brad- ford, September 18, 1880, for £50 sterling, "payable to the order of W. Jowett, and purporting to be drawn by said Jowett on said company, and indorsed by said Jowett, with intent thereby to defraud said Jowett or said company, and whieh complaint set forth the other necessary matters, the said commissioner issued the proper warrant for the arrest. of said Fowler, with a view to his extradition under article 10 of the treaty of August 9, 1842, between the United States and Great Britain, (8 U. S. St. at Large, 576.) The relator was- arrested and brought before the commissioner, and, as the resuit of the hearing, the commissioner decided that the evidence was sufficient to sustain the charge, and he commit- ted the relator to the custody of the marshal to await a war- rant of surrender. �In the course of the hearing before the commissioner, cer- tain documentary evidence was offered by the prosecution, and admitted under the objection of the relator. There is a copy of an information and complaint sworn to by Jowett, September 21, 1880, at Bradford, before a justice of the peace there, charging Fowler with having feloniously forged and uttered the banker's ohecks for £60 sterling, with intent to de- fraud. Such copy is certified by Angus Holden, a justice of the peace at Bradford, to be a true copy of the original information. On the back of the copy is a certificate by Godfrey Lushing- ton, assistant under secretary of state for the home depart- ment, certifying that the signature of Holden is the signature of a magistrate in England, having authority to take the information, and that the information "so verified bya mag- istrate, when the same was taken and authenticated by a minister of state, and sealed with his officiai seal, would be received as evidence of the criminality of a fugitive criminal from the United States charged before. a tribunal lin Gteat Britain with an extradition crime under the extradition treaty as existing between that oountry and the United States." �v.4,no.4— 20 ����