Bingham v. Bradley

Citations

• 241 U.S. 511
• 36 S. Ct. 634
• 60 L. Ed. 1136
• 1916 U.S. LEXIS 1730

Syllabus

<p>This court will not presume that the demanding government will ■ suffer a person surrendered pursuant to treaties of 1842 and 1889, with Great Britain to-be tried for any offense other than that for which he is surrendered.</p> <p>. Where the .commissioner had jurisdiction, the offense is within the ■ treaty, and if he acts upon competent and adequate evidence, - his finding cannot be reversed on habeas corpus.</p> <p>One of the objects of § 5271, Rev. Stat., providing for admission in evidence in extradition proceedings of properly authenticated copies of depositions and proceedings, is to obviate the necessity . of confronting the accused with the witnesses against'him; and neither that section, nor Article X of the Treaty of 1842, should be so construed as to require the demanding government to send its citizens to the country where the fugitive is found to institute legal proceedings: such a construction would defeat the object of the treaty.</p> <p>A fair observance of the extradition treaties with Great Britain requires • in this case that the accused be surrendered, all the objections being technical; and, as the- order was made by a commissioner having jurisdiction, on evidence furnishing reasonable ground for belief that the accused had committed a crime In Canada which is an offense within the treaty both there and in Illinois where he was found, it should be affirmed.</p>