“ We have no doubt that a prima facie case was made out, and as the plaintiff in error waived any right to give further evidence, she is concluded by that prima facie case. The indictment undoubtedly set forth a substantial charge against the plaintiff in error, and the facts therein set forth constituted a felony in the commonwealth of Massachusetts, as certified by the district attorney. The sufficiency of the indictment, as a matter of technical pleading, will not be inquired into on habeas corpus. ”

“ But the court will not discharge a defendant arrested under the governor's warrant where there is merely contradictory evidence on the subject of presence in or absence from the state, as habeas corpus is not the proper proceeding to try the question of alibi, or any question as to the guilt or innocence of the accused. ”

“ When it is conceded, or when it is so conclusively proved that no question can be made, that the person was not within the demanding state when the crime is said to have been committed, and his arret is sought on the ground only of a constructive presence at that time, in the demanding state, then the court will discharge the defendant. ”