The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-07-23


The Case OF the scotch Murderess.
We yesterday gave the decision of Mr.. Commits
sloner hapelyea IN this case whereby he reported
10 the President that the prisoner proper subject
TO be glven-up to the British authorities and now
we proceed to give the subsequent movements in
relation thereto. The Commissioner dispatched
HE report to the Executive and the prisoner
remanded TO her place of confinement, there TO be
Kept until the President has taken such steps the
necessities OF the may require. Mr. Warner,
The prisoners counsel, however, Notwithstanding
the untavorsble decision OF ,he Commissioner, has
not relaxed his exerons in behalf of his CLIENT and
being OF opinion that such case has not been made
out against her the treaty of Washington and the
laws of the State of New York require, TO warrant
her delivery TO the British officers, he has applied
10 Mr. Recorder Tallmadge for a writ of habeas
corpus.
The following is the petition on which the appl-
cation was based -
To THE HONORABLE FRrDkRIox A. TALLMApeE, Re.
ooRDER OF THE CRY OF NEW YORK
The petition OF Thomas Warner of the CITY and coun-
" OF New York residing at No 40 Duane street an at
torney and counsellor at law, humbly shows to your
Honor--Thst Christina Cochran alias Christina Gil
mour oil that part OF the Kingdom OF Great Britain and
Ireland called Scotland lately arrived the hsrbor and
city OF New York, as she had lawful right to do and
RIGA as she had and has lawful right without let or
hindrance Nevertheless upon some comp plant to
Svanus Rspelyea commissioner of the United States
your petitioner shows that the said Rapeyea
such commissioner TO under the tenth OF the
treaty of Washington, concluded Washington the
sth day OF August last past by and between Her Majesty
Queen Victoria and the President United States
Though SAID article OF said treaty had not been made
Shectual confirmed enacted acted upon by Congress-
ms TO vest in said Rapeyea such commissioner any
judicial TO proceed der said article OF said treaty
IN any manner howsoever and assuming TO under
said article OF said treaty, the said Sy Rapey ca
without authority of law, issued warrant to the Mar
shall OF the United States TOR the Southern District
New York, directing him the said Christina
cochran, alias Christina Gilmour, and to keep her
custody until the further order Slvanus
and thereby the said Christina is uniawuly restrained
OF her liberty, and unjusty deain in custody by Silas
NJ. stiw ell the Marshal Of the United States or Mon
mouth Hart Thorn under the order of arrest
and commitment issued by said Rapelyea such
missioner.
your petitioner further shows that the said tenth
article OF said treaty is in these words:--
ARr Kit is agreed that the United States and Her
Britannia Majesty shall, upon mutual acquisitions by
them or their ministers, officers authorities
lively made deliver up to justice all persons who being
charged with the crime of murder assault with intent
70 commit murder or piracy or arson, or robbery,
forgery, the utterance of forged paper committed
within the jurisdiction of either, shall seek asylum
or shall be- found within the territories OF the other
provided that this shall only be done upon evidence of
crimoaly according to the laws OF the place where
the fugitive person so charged shall be found woud
Justify his apprehension and commitment for trial if the
crime or offence had there been tilted and the re.
specve Judges and other Magistrates oftbe two eovern
men shall have power jurisdiction and authority upon
complaint made under oath, to issue warrant for the
apprehension of the fugitive or person so charged that lie
be brought before such Judges other
respectively TO the end that the evidence OF crimnsy
may be heard and consaered and such hearing
evidence be deemed sufficient to sustain the charge it
shall be the duty the examining Judge magistrate TO
certify the same to the proper executive authority that
warrant may issue for the surrender of such fugitive
The expense OF such apprehension and delivery shall be
borne and betrayed Ivy the party who makes the requsi
tioE and receives the fugitive.
That if the said article had been made efectual by
enactment OF Congress, and SAID Rapeyea such
missioner were authorized by the laws of the United
States 10 act magistrate in carrying into effect
article his certificate by the terms the would
conclusive upon the President oil the United States, and
as no appeal could be taken from the decision OF such
Commissioner acting magistrate by of the
absolute obligation of the treaty requiring President
TO deliver the fugitive person charged upon certificate of
any magistrate.
Your petitioner humbly represents that the said Chris.
tina, in the peculiar circumstances under which is
arrested by officer acting without the authority of law
and without right ell appeal revision of said Ra pely
proceedings exposed TO unlawful and tyrannicaI nri
vations OF her unquesonabe right to dwell in this land
oiireedom, and under the protection OF its laws.
And your petitioner further shows that the process of
said Rapelyea is in the words following
To the Marshal OF the United States for the Southern
District of New York. and to his deputies any either
OF them. Whereas complaint oath hath been made to
me charging that Christina Cochran, otherwise Gilmour
did the second day of June 1872 abscond from
justice and is about TO arrive at the port OF New York
the said Christina Cochran, otherwise Glmour having
been charged with the crime Of murder Scotland and
evidence having been lad before me as would
Justify the apprehension and commitment of the said
Christina in the place where the alleged offence
comm tied"
Now, therefore, you hereby commanded in the
name OF the President OF the United America TO
apprehend the said Christina Cochran, otherwise Gil
mour and bring her body forthwith before me- or some
other Judge Justice OF the United States or United
states Commissioner Justice OF the Peace OF other
magistrate of the State of New York wherever she NAV
found then and there TO be dealt with according 70
law for the said offence. Given under nv hand ana seal
this day OF June in the year OF Lord thousand eight
hundred and iortyth and OF Independence the
sixty seventh.
sILyANUs RAPELYEA, Il. 81
United States Commissioner for the
Southern District of New York.
That said process is not issued by any Court Of the
United States OF sny Judge thereof, nor have the
Courts Judges Of the United any exclusive juris
dction in the supposed OF said Christina
under any laws Of the United States, has the said
Rspelyea such commissioner jurisdiction by en-.
pertaining said complaint issuing his said warrant
Dy his unlawful orsed and detention of
sai'Chris,ns And your petitioner further shows that
the pretence Of such confinement or restraint in
custody to the best knowledge and belief Of said Chris
tina and Of your petitioner is the suspicion of her hsv
ing committed the crime OF murder which your petitioner
hum6y shows to your honor sustained said
Rspelyea as commissioner by any legal proofs what
ever and nevertheless said Rapeyea has certified under
said treaty TO the effect that she fugitive person with
the provisions OF said article of the treaty and there
upon the President of the United States will be conrn
ed to deliver her, the said Christina, foreign Gus
States
whereupon your petitioner behslfof said Christina
who is now in close custody in the debtors JAIL in FL
bridge street in the city OF New York, humbly prays
that the peoples writ of hsbeas corpus may be issued in
due OF law addressed to said sss NJ stlwe Mon.
mouth B. Hart, sheriff of the city and county OF New
York and James Thorn keeper OF said prison, directing
them them forth with 70 have the body the said
Christina before your Honor at such time and place
your Henor appoints and then and there TO produce
the warrant Of commitment under which said Christina
is held in custody and in prison and to show the true
Their said apprehension and detention according
law 10 such case provided
Signed, THOS. WARNER
City and county of New York, ss-Thomas Warner of
said CITY, being duly sworn doth depose and say that he
the petitioner in the above written petition and that
the contents thereof and the facts set forth in the said
petition true
Signed, THOS WARNER.
Sworn the 22d day ofJuly 1913,
Before me-
Signed, F.A. TALLMADGE.
The RECORDER acceded to this application, and