The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-06-19
ExTRADIT1oN TREATY


Esq her Britannia Majesty's Consul at New York |
Thomas KANE native OF cooeen county Of Westmeath
extradtion treaty charged with having the 5th Of
April 1851, at Coolecn, attempted to murder Thomas
legged abscorded after the felony and has been residing
in New York Brooklyn for some time past. Mr..
Charles Edwards appeared a. ier the British
Emmett jun. for the prisoner, who is young man,
parenty about twenty eight or thirty years OF age and
is married. His wife, it is said to this country
twelve months before Kaine, and here when the
transaction occurred.
Martin Mcagher, the officer who came to New York
specially. to identify the prisoner the first witness
He examined by Mr.. Edwards. and deposed-
am acting constable OF the Irish ccnstabulary in
the county OF Wesmeath, and have been so for
years; | know the prisoner now present. l first saw
him at Moatc in the county Westmeath Ireland have
known him three years; his name is Thomas kaine
had warrant for his arrest Produces the original
rant know j. Feathcrstonehaugh he Is magistrate
of the county of Wostmeath l know his handwriting
and him sign this warrant 1.-THE warrantwas read
1t issued at Ballnober and charged Thomas KANE
with having feloniously and maciously fred loaded
pistol at James Bale (Which wounded hm), with intent
to muider him. 1t signed Jas. Featherstonchaugh
j. r. Witness continued-I know of James Balte
making IN information. Produces copy oflt.l Iknow
II to be copy; made 1T myself and compared 1T with
the original
The complaint of James Balfe, farmer, of shurock
county Westmeath then read. 1t stated was
poughiDg that part of the land in Cooleen from
which man named William Stone had been dispossessed
and about which he had frequently threatened me-
told few days since thar might it. but that
should not live to reap it, about the hour Of IL O'Clock
said day. a nained ThOmas Cam. or
KANE. up to where was poughing armed with
a of pistols; coming up to me he said God
you; you Peter Balfc - / said, Don't you know
well am rot T,m!' He then asked Is that stones
land ~ said not that IL ut the other sill of til,
ditch he then asked if warned to have nothing
10 do with It, and / said except whnt heard
from Stone he then said he came to me. and
asked had prayer book ! said not; We'll
soid he Il have one myself ard he took both
of his pocket, and threw it on The ground towards
me- Istooped to take and while STOPPING ne fred
Of the pistols at me; examining person foand
the marks Of bullet and twenty grains of shot
my side just under my left arm he close that the
powder dccoTed my coat and some of the shot marks
on my left arm; then jumped up and ran away
and he followed me distances ne then turned back
towards the horses went into John McCaverys house
and sent for the horses knew him well for years
back and kept his prayer book This information had
Balfes mark
Witness continued-This happened on 9Th May; i saw
Bale the same day; his burned with powder
there shot marks it, IN prayer book produced It
entitled The Portable Key to Heaven and Catholic
Christians Daily Companion and written the first
leaf February II, 1851, Thomas Kaine-Mary Ann
Kanc.nl Witness continued-under this warrant | at
tempted TO find this ut his house but unable TO
find him; followed him to Liverpool my object in com
ing here is to arrest this and take him back; made
information in writing subsequently, WITNESS in
formation read
Cross examined by Mr. Busteed i know Kainc about
three years he resided at Baliinamuddagh resided at
Moate they about mile and quarter apart; never
him after the informaons made: Mr. Bale
sided Shurock. about two miles and three quarters
from Banamuddagh; he a farmer; I this
country this day week; Mr. Bale is in the
place. and pursues the occupation formerly
first received information of Kanes being in this coun-
try the 10th April last; the original affidavit placed
in my hands on tine very day OF the alleged offence;
the following day went TO his house; in about four
days afterwards to Liverpool: remained there
only night received no information OF his having
come to America there; saw Mr. Balfe Mt his mothers
house. about an hour after the event. the coat not
burned through it only snged; Mr.. Balfe up
walking about; his lame: that very evening
got ard went to magistrate and be made the
nfornation there were twenty small marks and one
large shot mark on his person; did not the bullet
of the shot and took them cut of his coat
know man named William Stone he il Mt present in
this country understand; he resided then n Coolecn
believe it belonged to Mr.. Owen but it has been lately
sold under the Epcumbercd Estates act Q.--Who pur
chased at the sale Objected to- Witness--It wa not
Cooeen that Sold it was Shurock; Mr. Fleming pur-
chased shurock house that purchase did not include the
land where this thing took place. Mr. Featherstonhaugh
r not the Of any land there heard Bafe say
the land his believe the lands in cancery and
that Mr. f. the receiver Stone arrested for
firing ut Mr. Balfe do not know that Bafe
| taint against him this charge; don't know that
Bale any written affidavit. except the read lie
made an oral affidavit relative to stones threatening
with respect to the land making him accessory
before the fact he arrested the day it occurred
suspicion 81 being accessory Bate made the com.
| ilaint. and ! made the arr,st stone dis
| ohaigd because The principal not in custody;
there was no subsequent charge made against Stone.
QNas there's subsequent warrant Issued against Stone.
in relation 20 this offence. objected TO- ovelruled and
| exception taken. Q.-ltaye yen applied since you
alrivedin this country for Stone here
upon any matter relating to this lObjected To and
ruled ont u-Did Won receive any Instructions before,
leaving Ireland for a warrant against stone IObiccted
10 ana ruled out.l Q.-ilavc you applied since your
arrival Tor warrant against any other person except
Kane in relation TO this charge or received instructions
70 apply FOR such' objected 10 ami ruled out Wit.
ress-i ne order ~ my coming on this duty from
TIE nd,T Secretary * state; thee ward Of SEQ
cred by the government on the 9th Of april for the
apprehension II this After further cross
| examination W Emmct moved 70 strike o,t tie ALL
davit q Martin Ncfeher. on the grounds that il
made after the warrant Issued for the arrest Of
kaine ard th9t II did not conform with tho provisions
tho act Of August II lS4S Mr.. Edwards opposed the
Il MA u. q
Commissioners reserved his dcci ion until next morning
IuNE ls.--At The sitting Of tho court this morning
The Commissioner sad at the Adjournment Of The exam.
naiion Of tbs cause yesterday afternoon Mr. Emmett,
counsel for the accused moved that the affidavit
formation 81 Martin heagher already produced in evil
dence, lie stricken out not confirming TO the pro-
visions Of the Act Of Congress of August u 1915
atng to the apprehension and delivering up Of certain
offenders under the treaties between the United States
and foreign governments. The Commissioner having
considerably notion is Of opinion that the affidavit
information does not conform to the act being neither
deposition nor the copy Of deposition in which the
original warrant in the granted The objec-
on however. ought to have been taken at the time the
affidavit was given in evidence but nasmuch as the
witness who made the affidavit is still examina-
ton and tho charge is Of grave nature the Com
missioner will entertain the motion strike out the af-
fdayt and grant the motion with liberty to the counsel
for the British government to examine the witness orally
as to the facts stated in the deposition The exam-
inaon ofthe witness then resumed. The paper the
infonnation) produced written at the Police Bar
rack at Moate il is in my handwriting the whole of it
ON the first page Is in my hand except the interlineaon
.'of Westmeath' those words in the handwriting of
MI julian the crown solicitor; the interneation
made on the 25th Of May, at Moatc when was com.
pared with the original at the Police arac the words
18th day Of April ls5l, are in my handwriting they
were written at the same time and place; present;
there was else there but the magistrate and Bae
there was other information taken that am aware of
Mr.. Julian Mr., Wallace and head constable Green were
in and out oftbe Office while the information was being
made; head constable Green brought the original
formation from which made this copy had seen it be-
! fore at Mr. Observation-Disclosures house. when Balfc
swore to it, That more than twelve months before
the original was in the handwriting of the clerk of the
Iety SESSIONS Air Hggnson brought it TO Mr. Feather
stonebaugh. at Baintober
Q-Do you know anything. in your official capacity as
constable as TO any political agtaons that part Of
the country at that time!
Hr. Edwards objected TO tho question There was no
reason ii thore SUCH why they should be mixed up
with this very serious charge.
hr. Busted contendcd that he was at liberty to show
that the accused political refugee but the Commits
soner decided that they could go into any evidence
Of the political state Of the country
Q-llavc you any warrants against other persons
charged accessories before after tho fact or as prn