Melville Fuller

“ But it is insisted that although he could not be extradited for one offense, and tried for another, without being afforded the opportunity to return to Canada, yet as, after he had given bail, he did so return, his subsequent presence in the United States was voluntary, and not enforced, and therefore he had lost the protection of the treaty, and rendered himself subject to arrest on the capias, and to trial in the district court for an offense other than that on which he was surrendered ”

“ They may doubtless permit him to go beyond the limits of the state within which he is to answer, but it is unwise and imprudent to do so; and, if any evil ensue, they must bear the burden of the consequences, and cannot cast them upon the obligee.' We think the conclusion cannot be maintained, on this record, that, because of Cosgrove's temporary absence, he had waived or lost an exemption which protected him while he was subject to the state authorities to answer for the offense for which he had been extradited. ”

“ The case is a peculiar one. The marshal initiated the prosecution in the state courts, and some weeks thereafter the indictment was found in the district court for the same act on which the charge in the state courts was based. ”