The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-07-27
TIE ESrRADTIoN OF THOMAS KANE.
The Csss rgsis Representatives. Excite.
neR among tho Irishmo.-Onalaagss On
tho r .. -oaAy tho Rlssers lntarod
and Eleven ~ surcd.

"
and Eleven ssured.
SUPERIOR oOuRT-srBCIAL TERN
Before Hon. Judge Bosworth
july &c AT about ii e'c,sck, tho prisoner Thomas
Kaine ho had been taken from the Tomb, by tho
Of tie male department in order to disappoint tho
crowds that assembled around the prison arrived
at the Superior Court in carriage. guarded by Deputy
Marshal DAngelis and officers Bowyer Kosfo and Wal
Ling. far the prise conducted without. any at
tempt at rescue. and though aghting from the
rsgo the people pressed ward officer conductod
him up the steps and into court whilst the
kept tho crowd back.
Mr. Prescott Hall, U. s District Attorney and Mr.
VIM. Evars, Assistant District Attorney, attended
counsel for the Marshal by directions of the American
government and Mr. Edwards appeared for the British
Consul hessrs. J. READY, r. Busteed, and Il. Elm
met. Jr., ON behalf OF the prisoner.
The prisoner is about thirty years of re, with dark
eyes black hair AVID rather mild expression of
tenance not II all the index of a nal cious mind lie
spoke freely and in good spirits with his the
officers who had him in charge Shortly after no ar
rived his vito aud took seat beside him lie APP
pears very much since the first proceedings in
the case Ksine has preserved bis good looks. rho
court very much crowded; the gallery
pe,ey hned, and large number OF persons nsegated
IN the Park.
but. taking his The bench he tnat
the delay occasincd by the being hour be-
hipd time He was ready now TO procecd with tue case
OF Thomas KaiDr
Mr. j. p Han said that in accordance with the dlrec-
ton of b1 homer the Marshal had brought up the prL
soner who Is now in court.
MIR Bn,t-cd III answer TO the Judge replied that
they reaoy proceed aud he ,cd by real
ing traverse the return of tho Marsh 81 ~hch
by the prisOaer 1t stated thai he, tho
| soner. believes he is not detained by the Mar hal
under any order ar process except the warrant moo
/ he and Inv LnuI
be hes not been demanded fugitive from justice ia
Great Britain on any such rclnson as i. req hired by
the treaty under which he is claimed That valid
for hi surrender under the treaty has b ca
maeihe person who signed he warrant mentioned in
the Of the Marshal not being the conpetent Off
To issue the That there was no valid proceed
ing before any such officer as designated in the treaty
justiyng requiring any surrender OF Kaiao, under
any claim
Mr. Edwards in reference TO the return read afi-
davt bv himself which reviewed he whole proceed
ngs which have been had in the from the issuing OF
the warrant on apple Of Anthony ecay Ed,
for the of Kaine fugitive from justice In Ire
land charged with shooting at with intent 10 murder ono
Bale The affidavit then went to state the prisoner
aud examination before Commissioner Bridgham
who elaborate opinion the deciding that he
be given up to the claimant that habas was
| subsequently taken out bsfore Jndg. Betts of the
United States Circuit Court. who confirmed tbs decision
Of the Commissioner and dismissed the abeas thai the
government claiming the prisoner at great expcnse
in Of the proceedings and the Immense
element in and out of doors The affidavit conclude
by Getting forth the opinion Of Judge Belts on Diminishing
the haJcas corpus and which has already appeared in the
Mr. Evarts asked the coNnsel for the prisoner whether
theirs demurrer traverse as 1t appeared in oac
part demur and in another to traverse the return OF
the Marshal.
Judge-For whom do you appear. DIR Evarts,
MIR. Evars-For the United statcs-for the Marshal in
conjunction with Mr. Hall
Mr. Brady answered MIR Edwards by saying that theirs
was traverse He then submitted that the paper read
by Mir. Edwards in truth. part Of the return OF
the lar h and as Their n,s se" reaa
claimed the privilege of putting in additional
For this he requested time and desired 70 take tho a-
davit Of MIR. Edwards with him.
The Judge asked whose behalf the papers were put
In.
Mr.. Hall replied that the Marshal simply makes his
return
Tie Judge-Are these papers, then. icgitimately be-
Mr. Brady said he did not object to their being read
ought have opportunity of answering them
MIR. Edwards submitted that the claimant had right
here to ntcrpoec this affidavit and that 1t ought not TO
| be ruled out
Dir Brady did Tot wish it ruled out he wanted i.
but he also wanted time to traverse it it would b"
necessary have the papers of Commissioner Bridglan
and the proceedings before Judge Belts to enable them
! to do 20
The Judge said if there was any motion made in the
matter he would hear il.
Mr. Brady--I want tine.
Mr. Uall-Thc statute states that in these cases tho
Court IL 10 prccee in summary Th. govern
the United States however stands perfectly dis
Interested without any passion or prejudice IN the case
anxious 10 the act Of treaty fulfilled and that tho
merits Of the between the government Of Great
faith AS to the traverse 10 part Oh tno return ne
| (the United States District Attorney held in bis
hand certified copy OF .ne STATE o. vho
signed the warrant in the absence Of Mr. Webster the
Secretary of state The PRECEDENT has the power TO ap
point deputy in the absence of tho principal Secretary
of State Whatever Mr. Webster ID Secretary OF State
do Mr. Hunter the Assistant Secretary can in his
absence also perform; then the only question
whether the Marshal not bound. in compliance with
the warsnt from the Department OF the Secretary of
State to deliver the prisoner 70 the claimant But
10. Las. ia, tn md
makes his urn The government OF the Uned States
has important duties to perform under the treaty and
IL is desirable that they should recprocae with Great
britain in claims Of persons charged with criminal acts
The clause under Fhich this up inserted
in the act Of treaty in consequence of the facility Of COM
muuicatioD between he two countries and the immunity
which persons committing crime had previously enjoyed;
1t enacted that escape across the line should be no
proe for tho criminal The Marshal cannot 60 be-
hind the OF The President the highest authority
in the United States and II was for the Judge to say
whether the other party had right TO do So
BIZ Brncy did anything in this case 70 diStin-
guish it from other writ Of hace corpus lie would
contend that but the President of the United
States himself had the authority order the extradton
Of prisoner claimed under the treaty. IL had been
their (coupols) desire 70 withdraw this matter from
the State Court and for this purpose they seDt special
messenger to Judge Nelson the Chief Justice Of the
Circuit asking him for order to transfer it TO the
Supreme Court of the United states Judge Nelson had
rcI that as it wa novel he would consider IL
and send an answer in the IN 'rning. Now. in all human
probability do not commit my elf without censulta
ton with my associatcs-but in all human probl oty,
II Judge Nelson decides that cannot 10 the supreme
Court of the United States the matter will be urged
fur her. Mr. Brady then declared that matter what
may be said Of him it his opinion that " any
interposee any unreasonable resistance to the fnGlnent
Of the treaty he IL seryes death
Mr. Hall sad that If the counsel were determined 30
abandon the proceedings here. In Judge Neon de-
cocs that they cannot so 10 Tho supreme Court Of the
United states he reason why the matter should
lac adjourned. to save The time OF this court
Tho Judge said he did not uDderstant the counsel
that Judge Nelson gave opinion In the matter they
would abandon the proceedings here. They have
right TO traverse certain parts Of the return aud Judge
Bette md Mr. Brigham IL necessary. could BE-
mined hefe witnesses TO the proceedings hid before
them
Counsel for tho pri did not wish to DO uniarstooi
abipdoning the proceedings here nJudgc Nelson's
opinion adverse their going the Supreme Court
MIR Halt said he would certainly not oppose the adj
journmcnt; end after remarks FROM Mr.. Hvarts
and Meffrs Brady and Bustccd the Jndes ordered
adjournment till Wednesday at l2 o'clockthe prisoner
to in the custody Of the Marshal pending the pro
cevcings.