The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-06-20
EXTRADITION TREATY.
U. 3. Commissioner's Court.
Before Joseph RIidgham. Esq.
CHARGE or ATTEMPTING TO MURDER-rHE ACCUSED
CLAIMED UNDER THE ACT or TREATY.


CLAIMED UNDER THE ACT or TREATY.
JUrE leAt the sitting OF te court this morning the
Commissioner asked the accused wished 70 be examined
hnsef but under advice of his counsel be declined Mr.
Emmet moved 10 have the testimony as to the prayer
book stricken from the case, because the dispositions
which the Foundation OF the of the prayer
book have been ruled out The prayer book he said
found Ia III, Of Gafe and given to the witness
(Mesgbcr) Therefore the info nation ruled out
Of the case he (Mr Emmet) submitted that that prti
cuiG testimony should also be ruled out.
The motion refused
Mr. Bustee then a-ked 10 have Meagher recalled for
the purpose q crossexsmning him in respect 70 M e'
dence IN chief the GROUND that they UNDERSTOOD u
all the testimony OF that witness ~ relation 70 any nl
ter contained in the AFFIDAVIT together with the ant
davit by The decision OF the Commissioner yesterday
morning stricken Of the case and because they I'M
derstood the Commissioner 10 rule that he did not
by that decision exclude the testimony Of the witness
(Meagbcr) Int merely his written deposition to the
contents 81 Inch h was examined IN chief
The Commits Toner decided that the examination a the
witness had been already closed, aud could not be re.
opened
Mr. Busted then asked for subpoena for Mr. Barclay,
the British Ccusu whom he wished to examine as wit
Mr. Edwards said there wal no uecessi FOR subpoena
as the consul would come on beng notified lilo thea
sent for AIR Barclay
MIR Bustecd the meantime, moved for a dismissal of
the complaint, the ground tnat there was no evil
dence that The warrant produced was the original warrant
which hnue sought to be arrested IN Ireland III
has no attestatop qured 10y act Of Congress and
that there j. legal evidence that the person who
signed the warrant Il magistrates anu also on the
ground that there is evidence that the warrant
Issued after the information of Bale in writing
the contrary the evidence il that il issued before
the affidavit Of bale was in writing; thirdly, on tn
ground that tho written deposition OF Bat produced in
proof too vague and uncertain in its allegations TO
10 justify thc Issuing a warrant, IL alleges offence
attempt any offence. enumerated within the treaty
Upon those grounds he asked for the dismissal Of tn
whole complaint
The Commissioner could not decide now, without
sderng the matter and reading over the whole OF the
evidence
Anthony Barclay Esq, who BY this time had arrived
then ana examined by MIR Busted and depoei
her ~ lis The
QUESTION in this case signed by
MIR. Busted simply wished to ask Mr. Barclay what
other f1cts' lie alluded to IN the requisition.
Mr. Edwards objected The Commissioner admitted
the questions but taid the counsel for The accused could
not 60 behind the warrant issued 10y him Cthe Com
mission,I)
Q-wba other facts you in relation to the mat
tiers charged in The warrant in this other than those
contained in the roqusition?
Al have other facts but those transmitted TO me
in writing Of course could have no facts from my
actual kuow dye all that possessed Of is in writing,
IN this dispatch Of instructions
Care you authorized to pay reward, behAlf Of
her MaJesya government, to person here for any
service whatsoever for the apprehension of Thomas ane
or for information respecting where he may be found!
Mr. Edwards objected 10 the question. The question
was admitted subject to the exception.
The question was repeated. Mr Barclay answered.
am not authorized
Q-Do you know whether not any reward is to he
paid 70 any per her, for such services! Al do not
know it, oith,r from writing hearsoy; have
handful, is ued III Dublin. and presume it had
ence to reward TO be paid in Ireland that Is infer
ence of my own Q-iare you any knowledge either in
the ed in the late political disturbances between
Ireland ana England Information oral written
charging HIM with such partc patton i'll any degree ana
IN respect T. an, oil her Masty functonaries in Great
Britain or Ireland! Il never had the slightest init
nation 70 that effect even in The confidential commun
cations had wi Ia the officer who came arrest him
nor in any way nor from any quarter
John Mooney, native of Ireland. and born in the
county Of Wemeath, depoeed:I have been six years in
New York am fesiuing ut "a st Marks place l know
James Fatc, Of Shurcck, county Of Westmoath; have
known him since able TO know any one perhaps ten
before
what his ,eputations for truth aud veracity?
MT Edward Objected lie submitted that this was not
trial for the offence and hat the Commissioner could
not set aside the warrant issued by magistrate of
friendly power The question should not be admitted
when hjr, Ealfe was not here TO defend himself
Mr.. Iustr.d tontended for the admissbility of the
question and said that # he prove that Thomas
Bale stands unworthy Of belief the Commissioner would
not be boud 10 Issue his warrant for the cxtradtion Of
the accused The statute did provide that the ii.
mony proouced before commissioner should not be i'm
peacb,d.
The Commissioner remarked that he sat there merely
ar mae trate under The state law to discharge the
cused il there is probable causen shown aud TO com
mt him II there is probable cause"
Mir Eu,te,d continued and said that be intended 10
swear away the case os the on-"nd God being
their aid md honest men their witnesses they would
swear it away and leave tic British government not
leg 10 stand on in this
The Commissioners oyerruls d the question 10 the
verscity q Bole. lie did not consider that be had
right to 90 behind the warrant i-suee by the magistrate
Counsel The accused raid they had n number 81
witnesses who knew Bae aud who would swear that be
Wa moi worthy of belief under oath They therefore ex-
coptoG to the uiIg Of the Commissioner
Witness conijnued-I was born within quarter Of
mile from the town of ioato. aud lived there until II
tine left 20 come 10 this couutry acquainted
think with heown of Moate ana il surrounding neigh
ioihood ! am acquainted with Cooleen; don't know
where Bales mother lived; know Temple Hin
G-low lar is ii from Coocen to Temple Hi
Dir Edwards objected as il attempted To affect the
evidence OF the officer with regard to distances. They
ccula not faify witness except in relation TO matter
brought cut on the direct examination.
The Commissioner said II IL was collateral matter he
Mr. Emmett said their object was to show Tho distance
between CocleoD and Temple iii ami that if Mr. Bae
within hour afe the walked long
lance, there danger Of his life.
The question admitted The witness said be should
think ii -four miles there mile stones but the
people call II four miles he think II is two miles aud
three quartore from Cooeep 10 Temple Iu If You didn't
60 across The fields don't know the name Of the priest
The witness va. not cross. examined
Patrick Rourke depo ed that he born the town
npd q SLurock, county Wee .nesth: knows where
Mount Temple is ID is about two miles ana three-quar-
tcrs or little over from ooolecn 70 Mount Temple
Mr. Emmett said that they had one other witness.
but he was net now PRESENT
Tho Commissioner ask, what they expected prove
Joy him.
hir Emmett eaid-He The witness was present at the
examination Of stone for this very offence and would
prove what Meeghcr dcposed on that examination
Dir IdNarj said If the witness here he should
object to the testimony. They could prove the ex-
animation ty byetander they should have the mags.
could not XIII that by the evidence of one Wins
The Commissioners said he could not into the evidence
OF the examination Of stone,
Mr. Emmett then remarked that there were other wit
nesses who from that Of the country but how
innocent they may he Of the offence they counsel
did not deem IL prudent TO bring them here subject
them to b arrested and carried way. II the counsel for
the British Conul would state that be had
for any other persons in this case they would produce
tbos. witnesses.
Mr. Ldwsrdf did not deem il necessary out of this
Gaze to antwer any que stiUns
MIR Emmett the said with the exception Of one wit.
ness, (Mr. OLli;n) our ease rs closed
Tie Commissioner sand he would wait reasonable time
for HIM.
recess wac taken for half hour, when, on reas
sembling counsel procetd ed to up and The matte
stii! stands adjourned
Superior COurt-ssecia Term.
DECISIONS
Poi IInrnI 1.Ir.. CO..