The Express.
London, England, 1864-12-26 00:00:00

LATER` INTELLIGENCE.

CANADA.

THE DISCHARGE OF THE CONFEDERATE
4, RAIDERS."
MONTREAL, TossDAY, DEA 1.3.

The case of the St. Alban's raiders was reopened
to-day before Justios CoursaL The court-room was well
filled with spectators.
At the commencement of the proceeding Mr. Kerr ob-
jected that the court bad no jurisdiction in the case. He
denied in tote his Honour'. right to sit there st all en this
investigation.
Mr. Berlin said that after having granted a delay of a
month, they had now met to hear the evidence for the
defence, not to listen to a legal argument.
After a few words from the wart, and from Mr. Johnson,
Q.C., Mr. Kerr was allowed to go into the argument as to
the jurisdiction of the court in the premises.
After some discussion between the counsel, the court
said this was a matter of most grave importance, involving
his right of jurisdiction, sod consequently, the validity of
these proceedings from their commencement. He should,
therefore, take time to consider it before proceeding further,
and for this purpose the court would adjourn until 2
o'clock, p.m.
The court reassembled at 2 o'clock this afternoon, and
was densely crowded.
Mr. Justice Coaxial, on taking the bench, said the matter
in question was most important, slow hie authority bad
been denied. lie had given the argument on both aides his
most serious consideration, and had come to the conclusion
that the cue came under the imperial act, and that he was
bound to obey the imperial authority. In a national quer
tion like the one under consideration, the imperial act was
absolutely supreme, and must be his guide. Our own
provincial act to carry into effect the Ashburton
treaty had not received the special royal emo-
tion requisite. The case was a most exceptional
one, and being • treaty matter between the two
nations, he could do no other than allow our own act to
give w►y before that of the imperial legislature. The
revised imperial art most role herein ; and that act re-
quired that the warrant under which the prisoners were
arrested should be Mimed by the Governor-General. If
the court could have reserved the point for a higher
tribunal, it would most gladly have done so. But linos
the liberty of the subject was involved, there admitted of
no delay ; end since be had sot had the warrant of the
government, he had come to the conclusion that the court
possessed no jurisdiction in the case, and he must order the
immediate release of the prisoners.
The announcement was received with applause by a num-
ber of persons present, bat the demonstration was instantly
checked.

Mr. berlin then arose, and, in • most impassioned
' speech, implored his Honour not to discharge the prisoners
upon the remaining indictments, but, in fairness and justice
both to the counsel for the United States and for theses of
the private prosecutors (the banks), to allow of • hearing.
He contended that the prisoners could be discharged only
on this one particular indictment, and the court owed it to
the counsel to be heard on the others. Should it be said in
an English court of justice that the judge having de-
cided in favour of the prisoners in one case, immediately
discharged them in six others? What would be said
outside• The counsel for the defence themselves knew
that the course which the court had taken wee unprece-
dented. Had not his Hooour issued six warrants, and yet
he had but one warrant before him? He called solemnly on
the court to hesitate. He (Mr. berlin) could not remain
silent while thirteen men, charged with robbery and
even murder, were allowed to go at liberty without
their several oases being investigated. Our good name
for justice and fair play wag at stake, and
though some among us might be sympathisers
with the primmera, he had yet to learn that they
set ►t naught the jewel, fair play. He spin called
upon the court to besit•te before discharging these
men, and give the counsel for the prosecution • chance of
being hand; for here the most important interests of ell
were at stake, viz., international oriel. He again implored
the court not to order this wholesale delivery. He would
put it to the court, was it treating the counsel for
the defectors with fairness? if the court should per-
Mat be doing this, then we must be papered to take the
ethesqueocea No country had dealt fairer with England
is extradition matters than had the United States. Their
judges combined to give effect to the Extradition Treaty.
The judges of our Supreme Court had concurrent
jurisdiction with his Honour, and had the counsel
leviers of the probable course of his Honour, they would
have desired the court to allow these judges to have a seat
on the bench along with him. Mr. Derlin again, for the
last time, besought his Honour to hesitate before he filially
ordered the liberation of the prisoners.
Mr. Johnson, Queen's Counsel, arose and said that both
those who represented the United States and those who
represented the private interests in this affair had upon
them • grave responsibility. Bat he thought Mr. berlin
was mistaken in the view which he took of the judgment of
the court. The court meant the prisoners were discharged
on the one charge which had been investigated.
The court here said Mr. berlin had understood the jodg-
meat rightly. The prisouers,were discharged in every came
before him.

Messrs. Kerr, Abbott, and Laflamme, counsel for the pri•
soners, obkrcted to any calling in question of the judgment.
Mr. Rose, counsel for the United States, wislied to speak.
I Remid be did not intend to call his Honour's judgment just
delivered in question.
The court declined to hear further, saying that if he bad
no right to arrest these men on one chirp, as be held that
he had nut, then neither had be a right to detain them on
any other. These .E/1111 had been arrested on magistrates'
warrants, upon his own, and then on motion of the police,
and now, when his Honour s own jurisdiction was called in
question, because his warrants were null and void, he saw
that he had been mistaken. And it was the duty of every
British judge, on finding that, to rectify his errors. The
court, therefore, ordered that the prisoners be immediately
discbsrged, and was prepared to incur the responsibility of
its own act

Applause again broke forth, but it wu again instantly
Shacked.

In a few minutes the prisoners walked through the court-
room. and were congratulated by a few of their acquaint-
ances ; and after they emerged from the building a few
voices were mimed in something meant to be a cheer. They
then separated, looking pleased at their enlargement, and
the crowd at once dispersed. —.Mew York Tines, Dec. 14.

(SLOTS'S EXIRESS.)
AMERICA.
LIVERPOOL, Sr:rpm
The Royal Mail steamship China, Captain
Anderson, from New York on the 4th instant,
arrived iu the Mersey this morning.

A private letter from Madrid says that the chief
topic of conversation at the Spanish Court is the scandal
occasioned by the recent marriage of the divorced wife of as
ambassador to a grandee of the first class, in whose veins
the purest sawn aryl is supposed to flow. It appears that
the queen has notified to the duke her regret that it will
be impossible for her to receive his fair bride at Court, as
sbe cannot incur the risk of exposing the ambassador of one
of the great Powers to the uppleaaant aituations which
would arise from the fact of his meeting his former wife at
the Palace. The duke, on receiving this communication
instantly returned to her Majesty not only all his order*,.
but his gold key as one of the court chamberlains.

" Paris letters mention," says the IndFpendance,
" that the explanations brought by M. Benedetti from Ber-
lin on the German question appear satisfactory to the
cabinet of the Tuileries. This impression also seems to be
coofirmed by the manner is which the semi-official press
now dismisses the subject. The satisfaction is, however,
far from being shared by the German journals. According
to them everything appears obscure, undecided, and coa-
tintl ictory."

ST. 15ACL'.4 CATHEDRAL..—Tbe following are the
preachers appointed by the Bishop of Lowden at the special
Sunday Evening services for January, 1865 :—Jasuary 1,
the Lord Bishop of London ; January 8, the Bev. James
Morehouse, incumbest of St. • John's, Fitzroyequare ;
January 15. the Ray. W. W. Champitsys, oleos of St.
Paul's ; January 22, the Rev. H. P. Liddoe, student of
Christ Church. Ozford ; January 29, the Rev. W. 0. Lake,
rector of Huntspill, Somersetsture.
Telegrams can Dow be sent from London to
Histehm, the !metier lowa of Cabo. vie St. Petersburg.
A merieon paper.
The old homestead of the celebrated Jefferson,
is MooDeelle, U.S., has been sold for 89,500 dollars.—
Canailsonpaper.