It appearing that this suit was commenced in the State Court and that the bill was drawn under the State practice, and that the defendants have removed said suit into this Court by special appearance, it is therefore, on the application of the complainants, and for good cause shown, hereby ORDERED That said complainants be and they hereby are given leave to recast their bill of complaint, and to amend said bill of complaint or to file an amendment thereto by or before the September rule day. But said complainants shall serve a copy of said bill of complaint as recast or amended upon the solicitors of the defendants, and this order nor the service of said copy shall in any way be construed as the entry of any general appearance by the defendants or either of them. Witness my hands at chambers this 26th day of July, A. D., 1898. FORMS FOR USE UPON APPLICATIONS FOR THE WRIT OF HABEAS CORPUS HABEAS CORPUS FORM I.-PETITION FOR WRIT OF HABEAS CORPUS TO PREVENT EXTRADITION. [Granted in 196 Fed. 168.] To the honorable the district court of the United States in and for the southern district of New York in the second judicial circuit: The petition of Walter Konrad Geissler respectfully shows: I. Your petitioner is a resident of the City, County and State of New York, in this circuit and district. II. Your petitioner is now actually imprisoned and restrained of his liberty and detained by color of the authority of the United States in the custody of William Henkel, Esq., United States marshal in and for the southern district of New York, to wit., at the Borough of Manhattan of the City of New York in the said district. III. The sole claim and sole authority by virtue of which the said William Henkel, marshal as aforesaid, so restrains and detains your petitioner, is a certain paper which purports to be a commitment in writing, a copy of which is hereunto annexed marked "A." IV. Upon information and belief, the said commitment was issued by Thomas Alexander, Esq., a United States Commissioner, in certain proceedings instituted on behalf of the Empire of Germany under color of the treaty between the United States and the Kingdom of Prussia and other states of the Germanic Federation, upon a charge that your petitioner had committed the crime of forgery within the jurisdiction of the Kingdom of Saxony. V. Your petitioner did not commit the crime of forgery within the jurisdiction of the Kingdom of Saxony and your petitioner has not committed the crime of forgery anywhere. VI. Upon information and belief, the warrant which was the foundation of said extradition proceedings before said Commissioner did not state any facts which constituted the crime of forgery within the meaning of said treaty, nor within the common law definition of said crime, nor within the statutes of the State of New York defining said crime, nor within the definition of said crime by the statutes in force in the Kingdom of Saxony at the time when said crime of forgery was alleged in said warrant to have been committed. VII. Upon information and belief, the evidence before said Commis sioner did not show any facts which constituted the crime of forgery within the meaning of said treaty, nor within the common law definition of said crime, nor within the statutes of the State of New York defining said crime, nor within the definition of said crime by the statutes in force in the Kingdom of Saxony at the time when said crime of forgery was alleged to have been committed. VIII. Upon information and belief, in the said proceedings before said commissioner and said commissioner permitted to be offered before him and admitted in evidence against your petitioner, certain documents and exhibits and other papers, which, and each of which, under the provisions of said treaty, were not admissible in evidence against your petitioner, and which, and each of which, under the statutes of the State of New York, were not admissible in evidence against your petitioner, and which, and each of which, under the statutes of the United States, were not admissible in evidence against your petitioner, and the admission in evidence of which, and each of which, was in violation of the Constitution of the United States and did not constitute due process of law. Amongst other exhibits thus admitted in evidence by said commissioner was and were a certain exhibit which purported to be a photograph, and certain exhibits which purported to be copies of checks, and certain exhibits which purported to be copies of papers, the originals of which alleged checks and papers were not produced before said commissioner and the originals of which documents were not produced before said commissioner. IX. Upon information and belief, in the said proceedings before said commissioner the said commissioner allowed to be offered in evidence against your petitioner and admitted in evidence against your petitioner, certain papers purporting to be depositions, taken in the Empire of Germany, which papers were not properly nor legally authenticated in pursuance of the said treaty, and which papers were not properly and legally authenticated in pursuance of the statutes of the United States, and which papers were not properly and legally authenticated in pursuance of the statutes of the State of New York, and which papers did not show that the proceedings that resulted in the taking of said alleged depositions were valid and in accordance with the statutes in force in the Empire of Germany under color of which said proceedings took place. X. Upon information and belief, in the said extradition proceedings the said commissioner denied to your petitioner a due hearing and denied to your petitioner due process of law in the said respects and in many other respects, and your petitioner was denied the right to be confronted with the witnesses against him, which was secured to your petitioner by the Sixth Amendment of the Constitution of the United States, and your petitioner was denied either rights under the Constitution of the United States, and your petitioner was denied the rights secured by the said treaty, and the construction of the said treaty was drawn in question in the course of said proceedings. XI. Upon information and belief, the said proceedings before said commissioner were for these and other reasons absolutely void, and the said commitment is absolutely void, and your petitioner is now confined and deprived of his liberty in violation of the Constitution of the United States and in violation of the statutes of the United States and in violation of the rights secured to your petitioner by said treaty. WHEREFORE your petitioner prays that a writ of habeas corpus may issue directed to the said William Henkel, marshal of the United States, and to each and all of his deputies, requiring him and them to bring and have your petitioner before this court at a time to be by this court determined, together with the true cause of the detention of your petitioner, to the end that due inquiry may be had in the premises; and that a writ of certiorari may at the same time issue directed to the said Thomas Alexander, Esq., United States commissioner for the southern district of New York and commissioner under the laws of the United States concerning the extradition of fugitives from the justice of a foreign country under a treaty between the United States and a foreign country, directing him to certify to this court all the proceedings that took place before him and all the evidence that was offered before him in the said proceedings which resulted in the issue of the said commitment; and that this court may proceed in the summary way to determine the facts of this case in that regard and the legality of your petitioner's impairment, restraint and detention, and thereupon to dispose of your petitioner as law and justice may require. And your petitioner will ever pray, etc. Dated, at the City of New York, the 9th day of March, 1912. ROGER FOSTER, CITY, COUNTY AND STATE OF NEW YORK, UNITED STATES OF AMERICA, SOUTHERN DISTRICT OF NEW YORK. WALTER KONRAD GEISSLER, being duly sworn, deposes and says: I am the petitioner above-named. I have read the foreging petition and I know the contents thereof. The same is true to my own knowledge, except as to the matters therein stated to be alleged upon information and belief, and as to these matters I believe the same to be true. The said petition and each part thereof is true to the best of my knowledge, information and belief. No previous application for the writ of habeas corpus and no previous application for the writ of certiorari has been made. WALTER KONRAD GEISSLER. Sworn to before me this 9th day of March, 1912. [Notarial Seal.] CHARLES J. VOLPE, Notary Public, New York County.. HABEAS CORPUS FORM II.-WRIT OF HABEAS CORPUS AD TESTIFICANDUM. [166 Fed. 73.] In the District Court of the United States for the Western District of Pennsylvania. In the Matter of Henry Kendall Thaw, Bankrupt. No. 4,290, in Bankruptcy. Western District of Pennsylvania, United States of America-ss: The President of the United States of America, to Dr. Robert B. Lamb, Superintendent of Matteawan State Hospital, New York, or Dr. Baker, His Assistant-Greeting: We command that you have the body of Henry Kendall Thaw, detained in the Matteawan State Hospital under your custody as it is said, under safe and secure conduct before the judges of our District Court within and for the Western District of Pennsylvania, at Pittsburgh, Pennsylvania, forthwith, there to testify the truth according to his knowledge in a certain cause now pending in said court, and then and there to be tried in the matter of the said Henry Kendall Thaw, Bankrupt, at No. 4,290, in Bankruptcy, before the said court, and immediately after the said Henry Kendall Thaw shall have given his testimony in the above entitled matter that you return him to the said Matteawan State Hospital of New York under safe and secure conduct, and have you then and there this writ. Witness, the Honorable R. W. Archbald, Judge of the District Court of the United States for the Western District of Pennsylvania, by special assignment, at Pittsburgh, Pennsylvania, and the seal of the said court, this 13th day of October, A. D. 1908. WM. T. LINDSAY, Clerk. (Seal of the U. S. District Court for the Western District of Penna.) HABEAS CORPUS FORM III.-ORDER QUASHING WRIT OF HABEAS CORPUS AD TESTIFICANDUM. [166 Fed. 73.] In the District Court of the United States for the Western District of Pennsylvania. In the Matter of Henry Kendall Thaw, Bankrupt, No. 4,290, in Bankruptcy. At the City of Pittsburgh, in Said District, This 20th day of October, 1908. Western District of Pennsylvania—ss.: And now, 20th October, 1908, this matter came on to be heard upon the petition for a writ of habeas corpus ad testificandum, the reply thereto of the respondent, and the answer to the reply by the trustee in bankruptcy of |