The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-07-16


case, which has excited considerable attention, will
be finally disposed of tomorrow. The Commission
err has, il will be seen from the annexed account Of
the proceeding yesterday, furnished by reporter
decided that the prisoner is of sane mind, and the
evidence of her crmnality is to be laid before him
tomorrow. He will then pass upon that, and make
the decision respecting her surrender-a decision
which we believe must be final
AS there have been great many inquiries made
IN various quarters respecting the terms of the ar-
Gle IN the treaty bearing on this case we consider
that we VIII be regarded by many as performing an
acceptable service in publishing the tenth article
which contains, we may passim remark, the
whole OF the law on the case =
ART. Kits agreed that Her Britannia Majesty and
.he United states shall, upon mutual acquisitions by
them or their Minister'S officers or authorities respec.
lively made deliver up to justice all persons who being
20 commit murder, or piracy, or arson, robbery
forgery, or the utterance OF forged paper committed
within the jurisdiction of either, shall seek asylum,
or snail DE- found within the territories OF the other
provided that this shall only be done upon evidence of
crimnaty as according to the laws Of the place where
the fugitive person charged shall be found would
justify his apprehension and commitment for trial if the
crime or offence had there been committed and the re.
spectve Judges and other Magistrates ofthe govern
ments shall have power jurisdiction and authority upon
complaint made under osh to issue warrant for the ap
prehenson Of the fugitive person charged that he
respectively to the end that the evidence of crminay
may be heard and considered and it, on such hearing
shall be the duty of the examining Judge or 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 by the party who makes the re-
QUESTION and receives the fugitive.
In this stage OF the case, an important question
arises, and one which we are somewhat surprised
has not as yet been mooted-is there a legal requi-
ston for the surrender of this female? Tn our
humble judgment this was the first question which
should have been raised by the prisoners counsel
AS far as we can ascertain there is no document
forthcoming on which the authorities here would
be justified, under the treaty, in surrendering this
female to the British authorities.
In Introducing the report of the proceedings yes
terday, we have only to add that Mr.. Price has re.
linqushed the toto in consequence of severe
indisposltion, and that Mr.. Watson, who has asso-
ciated with him Mr.. LORD conducts the case for the
British government.
United States District Court.
Before Mr. Commissioner Rapelyea
July l5.-Case Of Christina Cochran, alias Gilmour-
Dr. NELSON was called and sworn. His evidence
oliows-ls practising ply stefan residing II White st;
graduated in 1912 in Canada in this country in Castleop
w. and Ptseld Mass where he lectured as Professor
the colleges there's he has also practsed in Canads
had not psid particular attention to the subject of
alienation; the subject has fallen under his notice the
same extent as the generality of practitioners had visited
he prisoner on hve occasions; the first time he to
see her he enquired into her general health and found
good In all respects she sound in body end that
the case on the occasion of each visits she appeared to him
to be perfectly sound in body and mind but deficient in
mind What mind she had appeared as sound as that of
Or imbeces usually he could not discover
Oh not amount to demena, that would have
implied the loss osomething Neither wa
it quite SO low as idocy She spoke to him freely but
not with that coherency which persons of such free dis
course usually manifest On every occasion on which
visited her there appeared to be uniformity of
SION less tation, however occasion Of the nal
when she appeared to be free and easy in her
manner The only tests he employed were ersaon,
interrogation and observation Of her countenance and
Heard the evidence Of Dr. Rodgers: did not
hear very distinctly, however, in consequence of his
with her, and endeavorng to elicit information Of
her family and her former habits of e she spoke OF her
them again She repeated frequently that she hoped it
would not be long before she them. This on the
first Of the two occasions in which witness her in
company with DR. Rodgers. Witness then suggested
Dr. r. the propriey OF suggesting to her that they had
power If sending her home. She spoke voluntarily
and was somewhat vehement in her manners she spoke
of i'll treatment she had received from her father,
wept slightly, but said that, notwithstanding, she
wished much to see her father. Her countenance
did not change perceptbly during these conversa-
tons. On the second visit. Doctor Rodgers had
a book Of printed blank forms in his hand, and
it, be said, Christina, will you go home-will you 70
back Scotland shall sign order if you say you
w g HsT Tp r Will s9 then
murder Of your husband, and you will be hanged"
Witness did at this perceive any change Of coun
tenance in her. DR.. X then repeated II you CO. will
sign the order" She replied faye but how can go3'
The Dr. returned, You will be sent you came, in
ship" She said then, Oh dinna like a ship-it is so
long long in crossng-I would rather 20 in coach"
That was the amount OF her objection. Throughout
these various statements she did not evnce any more in
dcaons fpleasure. Was not present s9the time refer
red TO by Dr. Rodgers when the with the Justice
took place. is possible that she deceiving, but
LaI, of Iana -.x< ho1o
would If allowed to go at large be cheated in every
saction with others She had deceived him with re-
markabe ability, she did deceive. Each time he
to her she had her wrist done up with garter and
scariying her hand The ailor asked why she did
so she replied that" was amusing to see the flies come
she spoke to Dr. Rodgers about her knowledge of her
home Had heard her speak very much about her grand
like loss of mind. She thought her grandmother was
always the bed, and that was the reason that she
would not sleep on the bed She also excused herself TO
her !" granny" on the bed II she were deceving,
this fact of this Of seeing her grandmother
one occasion witness and Doctor Mcdonald
were conversing near the door of her cell,
walked very carefully to the door to observe hereafter
looking short time he returned and said he found her
listening. Witness then went IN the same way to the
door, and found her sitting by the hinges of the door in
the usual place in which he found each occasion
Of his visits. She was working with Der wrists usual
cupied usual.
Q-From all your observations, what is your opinion
as to the state of her mndl
A.-on the supposhon that she not deceving. /
Of opinion, until my last VISIT that she not capa-
BILE Of taking good CT herself although capable of
taking moderate care On enqurng the final
respecting the state Of her health he thought he
evidence more than that evineed
former occasions although still Of very low degree
She appeared capable Of to certain extent
between right and wrong.
err
Al only speak Of what saw. do not wish to
guess. do not wish to give grauteus opinion. She
may be deceiving, but have had evidence of she is
conscious of what passing around her. but not to the
same extent q person OF ordinary intelligence
O. Is there any particular in which you differ from
the witnesses already examined
Alt appeared to me that the witnesses examined he
fore under the impression that she decevng
them. That may be the case. but have fact autho
rizing to swear that.
Mr.. WARNER here called DR.. Cumming.
MIR, objected 10 the examination of DIR. Cumming