Unverzagt

The appellant appeals from the order of the court below denying his petition for a writ of habeas corpus. In the petition he set forth that he had been arrested and brought before a United States commissioner in pursuance of an indictment found in the District Court of the United States for the Western District of New York; that the commissioner denied his right to introduce testimony to disprove probable cause and to show that he was not guilty as charged in the indictment; that the United States attorney offered no evidence before the commissioner to support the allegations of the indictment; that the commissioner required the petitioner to give bond in the sum of’ $10,000 to appear before the District Court of the United States for the Western District of New York; and that, uppn the petitioner’s refusal to give said bail, he was remanded by the commissioner to custody, and was unlawfully detained and restrained, of his liberty by the United States marshal for the district of Washington. It was not alleged in the petition that a final hearing had been had before the commissioner on the question of probable cause, or that an order of removal had been made by the lower court; but…