“ But for the reasons already stated in the opinion in the Haas Case, just handed down, we are of opinion that absolute identity in the two sets of indictments does not operate to defeat a removal, if the government elect to try in another district, and that the only function of a commissioner before whom a removal complaint is made in such a situation is to be satisfied that there is probable cause to believe that the accused is guilty of an offense charged to have been committed in the district to which the removal is sought. ”

“ At most, the New York indictments, together with the evidence tending to prove that appellant had not been in the District of Columbia at any of the times when the conspiracy was said to have been formed, only made an issue which the commissioner had jurisdiction to decide, and when we find from the proceedings before him that he did hear such evidence upon which he might base his decision, that decision is not open for review upon a petition for a writ of habeas corpus. ”

“ Rep. 688, 6 A. & E. Ann. Cas. 362; United States v. Thayer, 209 U.S. 39, 43, 52 L. ed. 673, 675, 28 Sup. Ct. Rep. 426. In Burton v. United States, cited above, it was said by this court that 'the constitutional requirement is that the crime shall be tried in the state or district where committed ”