Page:Federal Reporter, 1st Series, Volume 4.djvu/331

 IN BB TQlfVIiBB. 917 �ford, the same as they are sought to be întroduced here, after the arrest; that the magistrate in Englaud takes à written deposition of the complainant and witneBses in the presence of the accused, without counsel for the acoused, the accused being alloWed to question the witùesses if he feels disposed, if he bas no eounsel ; that such depositions are tàken in writing, and admitted and made part of the procedure ; that" he, Dobson, bas often conducted criminal proseeutions, him- self, acting in place of the chief constable, who is the chief proseoutor ; that he considers himself perfeotly familiar with the course of criminal procedure in England; and that these proceedings are aecording to the practice there, and these depositions would be received in England. On this evidence the original depositions were properly admissible in evi- dence. �Upon the contents of said depositions, and on the oral tes- timony given here before the commissioner, there was legal and competent evidence of faots before him for him to con- sider in making up bis decision as to the criminality of the accused. On ail the points bearing on the criminality of the relater, testimony legally admissible contains materials for a decision by the commissioner on the question of fact as to "whether there was before him such evidence of criminality as the treaty requires. The commissioner having decided such question of fact, his decision cannot be reviewed by this court on habeas corpus. In re Stupp, 12 Blatchf. G. 0. E. 501; In re Vandervelpen, 14 Blatchf. G. G. E. 137 ; In re Wiegand, Id. 370; In re Wahl, 15 Blatchf. G. G. E. 33e. The vrrits must be discharged and the lelatoi be remanded to the cas- tody ol the marshaL ����