“ Equally unfounded is it that the complaint is defective because it does not use the word 'fraudulently,' the allegation being 'that the accused wrongfully, unlawfully, and feloniously appropriated said money.' As the word 'embezzled' itself implies fraudulent conduct on the part of the person receiving the money, the addition of the word 'fraudulent' would not enlarge or restrict its signification. ”

“ The treaty is undoubtedly obligatory upon both powers, and, if Congress should prescribe additional formalities than those required by the treaty, it might become the subject of complaint by the Russian government and of further negotiations. But notwithstanding such treaty, Congress has a perfect right to provide for the extradition of criminals in its own way, with or without a treaty to that effect, and to declare that foreign criminals shall be surrendered upon such proofs of criminality as it may judge sufficient. ”

“ It might readily happen that the foreign representative might have no knowledge of the facts necessary to be embodied in a complaint, and have no documentary evidence then at hand to prove them. In such case if a complaint could not be made by a private person, having knowledge of the facts, the surrender might easily be defeated by the flight of the accused. ”

“ Foreign powers are not expected to be versed in the niceties of our criminal laws, and proceedings for a surrender are not such as put in issue the life or liberty of the accused. They simply demand of him that he shall do what all good citizens are required, and ought to be willing to do, viz., submit themselves to the laws of their country. Care should doubtless be taken that the treaty be not made a pretext for collecting private debts, wreaking individual malice, or forcing the surrender of political offenders ”

“ While we are bound to give the person accused the benefit of every statutory provision, we are not bound to import words into the statute which are not found there, or to say that the judge issuing the warrant may not receive an oath taken before a commissioner authorized generally to take affidavits. ”

“ There is such a general acknowledgment of the necessity of such treaties that of late, and since the facilities for the escape of criminals have so greatly increased, most civilized powers have entered into conventions for the mutual surrender of persons charged with the most serious nonpolitical crimes. ”

“ Rep. 1031, in this connection was that depositions and other papers authenticated and certified as required by the act, were not admissible on the part of the accused. The introduction of the words 'as evidence' does not vitiate the certificate. We find it difficult to conceive any other purpose for which such depositions could be used except as evidence of criminality.
8. No evidence was required that the Russian consul had authority to make the complaint. All that is required by § 5270 [U.S.C.omp. Stat. 1901, p. 3591] , is that a complaint shall be made under oath. ”

“ O'Connell, 8 Gray, 464, it was held that a mere grant of 'exclusive jurisdiction' to a police court over certain offenses did not exclude the authority of justices of the peace to receive complaints and issue warrants returnable before that court. ”

“ Indeed, it is impossible for a person to embezzle the money of another without committing a fraud upon him. The definition of the word 'embezzlement' is given by Bouvier as 'the fraudulent appropriation to one's own use of the money or goods intrusted to one's care by another.' In San Francisco v. ”

“ First, that the accused was an agent; second, that he received money belonging to his principal; third, that he received it in the course of his employment; fourth, that he converted it to his own use with intent to steal the same. In People v. Tomlinson, 102 Cal. 19, 36 Pac. 506, a recent case upon the same subject, the law of California was summed up as follows: 'Where one honestly receives the possession of goods upon a trust, and after receiving them fraudulently converts them to his own use, it is a case of embezzlement ”

“ The sufficiency of such evidence to establish the criminality of the accused for the purposes of extradition cannot be reviewed upon habeas corpus. Re Oteiza y Cortes, 136 U.S. 330, sub nom. Oteiza y Cortes v. ”