Page:Federal Reporter, 1st Series, Volume 6.djvu/52

 40 FEDERAL REPORTER. �or if the representative of the foreign government demanding his eixtradition bas fiilly intormed hitnself with regard to the particnlar events by conversations with persons who wit- nessed them, be may make a complaint upon information and bclief ; but, in such case, I think be should set fortb with some particularity the sources and details of his information, or the grounds for supposing the defendant to be guilty ; in other words, it should appear that bis reasons for pursuing th^ defendant are based upon something more than mere rumor or suspicion of bis guilt. �In the case under consideration, however, the complaint does not purport to have been made by an officer, nor does it give any reason wby it is made simply upon bis best knowl- edge, information, and belief. It is true that after the writ of certiorari was issued and served upon the commissioner be added a further certificate to bis return, setting fortb that the complainant was in fact superintendant of police, and that be exbibited to the commissioner, at the time of issuing the warrant, a complaint on oatb, purporting to have been made in writing before a police magistrate, cbarging Lane with forgery and the utterance of forged paper, as set fortb in the complaint, and the warrant issued thereon ; and that be was also attended by a peraon who claimed to be crown attorney of the county within which the offence was committed. I do not feel at liberty, however, to take notice of a certiflcate tbus made, after the service of the writ. �In my opinion, the complaint did not give the commis- sioner jurisdiction to act in tbis matter, and the prisoner ia entitled to a discharge. ��� �