The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-08-13


To al! 10 OA0m these presents shall come
Whereas Henry Fox, Esq the Envoy Extraordinary
snd Minister rienPoten'iary Oh ner Britannia Msjesty
of the 10Th article of the Treaty concluded Washington
the 9th day August iS42 for the delivering up justice
OF Christina Cochran alias Gi'mour charged with the
crime OF murder, alleged have been committed within
the Jurisdiction of Great Britain and, whereas the said
Christina Cochran, alias Gilmour hath been found in the
State of New York within the Jurisdiction OF the United
stss ana hath by proper affidavit and in due form Of
law been brought before sylvsnus Rapalje United States
the said charge Of And whereas the said sylvia
nus Rapaje hath deemed the evidence sufficient to
ly committed her to the Jail OF New York all which sp
pears oy certified copy OF the proceedings transmitted 10
Now these presents to require the Marshal Of the
United Ststes for the Southern District of New York. the
District Attorney Of the United states for the said district
OF said Christina Cochran alias Gmour surrender and
deliver her up to George Mckay officer Of the govern.
nsr 5% or any sss
to receive her into custody.
Secretary OF the United States the day and here
in aforesaid. A. P. UPSHUR.
The Counsel of Christina Gilmour has made ano-
Their Intellectual attempt to save her, by applica-
tion to Judge Belts of the u s. Circuit Court fora
writ of habeas corpus. Judge Belts gave the fol-
lowing opinion thereon:-
In the matter of Christina Cochrane otherwise Gil
mosr on application for the allowance Of writ OF ha.
am Of opinion that the 10th article of the Treaty of
Washington, concluded Aug oh 1912 it, under the I'd
sub division of the 9Th article of the Constitution of the
United States in force q subssng law of the land and
is accordingly to be observed and executed by the judi
cial authorities of the country.
am Of opinion that Commissioner appointed by a
Circuit Court OF the United States pursuant the acts of
Congress in that behalf is by force Of the ACT OF Con-
gress of August a. 1912, empowered to perform the
functions pointed out by the tenth article OF the said
Treaty.
a - ~
the United States, in vacation, to revise. habeas
pus, the adjudication OF such Commissioner to the eff
cheney Of the prosf Of crminality of party charged
lam of opinion that writ OF habeas corpus cannot be
righuy allowed for the purpose of enqu ring into the
legality OF q warrant emanating from the Executive
Branch of the Government intended to surrender per-
duly committed to Marshal of the United States to
the authorities of Britain under provisions Of
the 10th article Of the said treaty, before the party shall
he thereby actually transferred 10 and detained in such
British custody within the United States.
! accordingly refuse to allow the habeas corpus
prayed for in this case.
SAMUEL R. Belts,
United states Judge, &c.
New York, Aug. IL, lS43
This case being now disposed of we will limit our
observations to the mention Of singular coinci-
dence in connection Herewith. 1t is this. The
treaty of Washington under which this surrender is
made, bears date the 9th day of August, 1912, and
he warrant authorizing the first surrender underline
reaty bears date the 9Th day Of August, lsis. We
give this for as much as it is worth.
AMERICAN CONTRIBUTION TO THE REPEAL. MOVE
MENTAL meeting of the Loyal National Repeal
Association. held at the Corn Exchange, Dublin, on
the 4th of July, report was read, from which we
learn that the following sums were acknowledged
to have been received from America ,-From!Bran-
DIVINE 81; Wilmington, Delaware ELS; - ESQ;
City Of Brooklyn E493s 3D.; Boston flO0; Pnila-
delphia E4oO; New York E5OO. Total, El079 IS.
Sd. Halifax S2O
DS-Amongst the arrivals at Towards Hotel, we
find the OF the Adjutant General Of this State,
Mr.. Neven, of Albany. Likewise Captain A. Fly.
RE, Of the steam ship Acadia, gentleman of po-
lished manners, yet Of that generous nature which
is the characteristic OF his profession. We hope
coon TO have the steam ships, which he and some
other noble fellows command, sailing to and from
the port of New York, which presents many advan-
tages and facilities not found in Boston.
THEiNARRAGANsETTs.-Th is to be a meeting
ofthis tribe at their meeting house in Charlestown,
R. l., to-day (Sunday.) 1t is expected to be
larger meeting than any that will ever take place
hereafter, as several very active members of the
tribe contemplate removing to join their brethren at
y,
many of them are already settled, and one of them,
Thomas Commock, is postmaster
BEHIND THE TMEs.-The Northampton people
must be behind the times, if we may Judge by the
following notice, which has Just appeared in some
of their papers:-
PUBLIC NoTICE.-in pursuance ct instructions
from the Post Office Department al Washington,
the undersigned hereby gives public notice to the
vacancy in the Post Office and that they may
have voice In recommending person Tor ap-
A. w. THAYER, Acting P. M.
Post Office, Northampton, Aug. 8, 1913.
GREAT News FROM FLoRIDA.-THE FLORIDA
WAR ENDED.-The ST. Augustine News Of the 18th
ut says, that Gen. Worth has just paid visit to
the Tampa Bay Indians, who at present all quiet.
The News adds:-
We hesitate not to say, that "the Florida war" is
not only ended but that it will "stay ended" Emf
grants may now seek residence here with as much
safety as in any part of the country.
CoNcRRTs.-The British and American Musical
Society was under the necessity Of postroning its
last Concert in consequence of the perfect deluge
which the heavens poured down on that occasion.
We find, however, from an advertisement in another
THAI IL positiSSy uc given ou NAouuey
next, when the tickets issued for Thursday last will
be admissible
0o-Another demand under the treaty of Washing
ton has been made for man accused OF some theft
in Canada, but Mr.. Commissioner Rapeljea did not
consider the case as one included the catalogue
Of offences enumerated in the treaty, and therefore
he did not conceive he had any jurisdiction in the
| matter
MALICE OR CRIMINAL CARELEssNEss. Some I'M
known person fired ball through the eastern cars,
as they were PASSING through Andover a few eve
nines since. and very narrowly missed some persons
within.
CHATHAM THEATRE.-The Ellser Brothers are to