Mahlon Pitney

“ Appellant disputes the inference, and, assuming it to be well founded, insists that there is nothing in the law of probabilities to sustain an inference that 'possession by a man during a visit of a few days to Montreal of goods that were stolen more than three years previously in British Columbia makes it more probable that he received the goods in Canada than that he received them in the United States.' There is nothing in the evidence to require the inference that appellant was paying a brief visit to Montreal. ”

“ It is insisted that the Montreal affidavits, essential to show that the alleged offense was committed within the Dominion, were incompetent because taken ex parte, in the absence of appellant, and without opportunity for cross-examination. The treaty of 1842 provides in article 10 that extradition shall only be had 'upon such evidence of criminality as, according to the laws of the place where the fugitive or person so charged shall be found, would justify his apprehension and commitment for trial, if the crime or offense had there been committed.' Sec. ”

“ It is fairly to be inferred from what is stated that the crime was committed in Canada, and it is distinctly averred that appellant is a fugitive from justice from the district of Montreal, in that Dominion, and that the offense with which he is charged is an offense within the treaties between the United States and Great Britain. ”