New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-06-29

OF bullet aud ,Sertyseveu sh0t IN hts side just
under bis left arm that he taeu led. and tnai
hine pur-Uct him suIe ditsnce buf sGally
tuned "a and witness saw 10 more Of hin.
Upon this Information the said Feafhsrtonhasg n,
Justice Of the Peace tor the County Of WesimsaEa,
grated bis wsrrsnt for the Apprehension ct Faonas
hhire, the Uiisurer upon cu1y-int oa;n made be-
fore rim, thst the prisoner hsf r. Iniou.y ana mall
eioU,iy NJ ~ pi-t loaded With powder ard lead tine
SAID James Bsfe, in intent TO narder him This var
rari, dated April > ISL, mmeolaelg put Into the
bands OF one Martin MeAgher Constable Of WestnsAfh,
who made search for The prisoner ard unable -
hld bin OF n execute the warrant The said Msashsr
wss produced before me rs " tness, and tss1iief,
among ether thnls, that he was ActinS Constable OF
the rish Const buisry of the County Of Westneatn,
in Ireland and he'd been such CJUs'able for sey.
erhl ytsrs that he knew Thomas Kains the prisoner,
and bad known bin for three years and up
ward that he had received as such Constable,
the warrant before mentioned, 70 execute sgsinst
the prisoner that II was the original warrant; that
he saw James Festhersor haugh the magistrate,
execute Il thst he kner said FeathAstonhsagh
TO be Justice Of the Pesce Of the Couoty
OF Westmestb In Ireland he also testified that
on the same Day he saw James Bale; that Bales
coat seemed 70 Re burned with powder; thai there
we're shot marks his LEFT side that the witness
compsnied BOlfe TO the msgstrse where he inside the
mo- nation, and that on the same day the witness re-
ceVed the warrant against prisoner Meagner fur
ber testified thai the order for hscomog here OF this
duty from the under Secretary Of Srt. upon the
application Of the Crown Solicitor OF toe County OF
Westmesth, nd that there reward of $50 offered
NtFefnHcnt on the TN or Aprll 1901, 81
prebsrsOn of the prisoner. Tue duty Of the Com
missioner In such cases Is to inquire whether the evil
dfDce Of the guilt Of the person charged would justify
bis commitment for trial according 70 the laws In force
in the state OF New. York, II charged with the crime
here. The examination and commitment of persons
here charged with such nficpses enumerated In
the treaty is provided for By the laws of New York
Rev ST 1.3, chap and would be COMPLIED with 70 all
irtuts aud purposes by testimony from which the Com
missioner magistrate should conclude that the Os nse
had been COMMITTED and that there was probable cause
10 believe the prisoner b have been gully thereof
Probable csuseis deduced from state OF facts sDd cir
cumstances which sford reasonable grounds Of sus
pcion OF guilt q Bsrrs Trial, II, H. rs Crsnch,
r. l29 Barbours Grim. Law, ij5, i95 496 Chuy's
Blackstone, Y3jJ There is no question in my mind az
TO the identity Of the prisoner nor that the ofense
charged comes within the specification OF tue treaty
n probable Of guilt Techni, al objections
however, taken 10 the evidence the part OF the
counsel for the prisoner principally, lst That the 9TH
csl character Of the person signing the warrant 1t
suf tly made ou,. From inspection Of the orist
nal warrent Itself Il appears By an Endorsement thareOn
that proof oath made on litd Aprl, lcIl be-
fore one OF the Justices Of the Peace for the Borough OF
pool that the subscribed 20 tl8 warrant was
Of the handwriting OF the justice who signed IT, aud
therefore auh lily given for the execution OF the
warrant within the said borough. But 3 ~ this point
the tc,tlmony of toe witness Meagher Is clear. he
that James FesthersiOnhaugh is Justice OF the
Peace Of The County OF Westme-th IN Ireland that no
him sign the original warrant produced in this case
and that the information made before him IN that
character.
II cannot be necessary to produce prove the Com
mission under which the Justice OF the Peace held
office. Proof TIA, he publicly discharged the duties OF
gist'a'- and acted such Il prna fqce evidence
Of his ci'ial character (GrecDleat on Edicnce, sol
/, 100 ll9)
The legal presumption Is, tia, man acting in pub
lie ofce has been righuliy appointed Cow. & Hius
Notes % Philips Evidence. D. 2p1, - - WeatOn,
20, Rex Nerest, Camp. ~! Bish Cone, n.
H. r, 5l3; and People rs. Gilbert Anthons, N. 7.
Rep, l9l)
Lord PETERBOROUGH szys, In Rex rs verelst, 3 Camp,
4 thai II Is general pr sumption Of law that person
acting In public capacity IL duly authorized 10 do
and ia Rex rs Jones > Camp r., l3, where the objec
ton taken 10 CteT offered Ia evidence puporng
to be signed Oy Mr Ptand others Lord Commissioners
Of the Treasury, that was necessary 10 prove IN sc
persons we're Lord Commissioners OF the Treasury,
and had authority 10 write the letter by producing their
COMMISSION IL was held unnt cossary and The letter was
admitted proof Of the hand writing Of the three per
who had signed 1t as Lord Commissioners OF the
Treasury.
. That there Is no evidence that tho warrant Is the
original warrant
The witness Meaeher swears however that 1t is the
original that he IL signed by the Mtgis
traie and that Il delivered 70 him (Meagher 20 be
exeoried The provisions Of the % vol Revised
prisoner applicable In this case, because the
18th section provides that the preceding sections OF that
Article shsll not prevent the proof OF any record or
judicial pTCCeeOng OF the Courts of any foreign cOuu-
trv according the rules OF the Common Law, il any
o'ber manner than that therein directed Those
sections, therefore which relied UPON by the cOuu-
sci for the prfOner 90 not exclude any mode O proof
which would be valid according TO The rules OF the
Common Law. No particular mode oil proof Of the
cnce gsnuineDess OF the warrant required ny the
Act of Congress Section OF the Act Of Congress OF
August H. si-. gvi effect % cert ain Treaty supula
tons provides that in every case OF complaint as ai)re
said and of bearing upon the return of the warrant
Of arrest copies Of the deposition upon which an odsi
nal warrant In any su n foreign country mag have been
granted certified under the hand Of the person per
ions issuing such warrant and etested upon the oath Of
III psr producing them 10 be true copies OF the dePo
sitons mEy be received in evidence.
have considered these, Is well az the other ob'ec-
tons iskeD and not necessary mere D be Tecap Hated
with careful deliberatioD, and With anxious desire,
on the one side 20 do everything required by the in
terests Of Justice and discharge In good faith of the
sacred obls sons OF our treaty st'pll6tons-snd, on
the other TO DO nothing Inconsistent with proper re-
gard to the security of personal liberty
ION the whole am Of the Opii ion that the papers
offered In proof Ia the properly authenticated
end AZ the evidence itsef In my view IL sufficient 70
commit the prisoner had the Ofense been committed
here feel II ny duty to certify toe proceedings al
before me the Secretary Of tire state OF me Uulted
States in whom Is vessd TIC power By the tresy ~
issue warrant tor ths eNtradion OF the prisoner
There appeared to be much excitement I'm ing por
ton Of our lsh population and strong feeling exhibit
! cd adverse TO kaine being surrendered under the
tresy Large gatherings took place in rho neighbor'
bocd OF the Ciy Prison, and OF the :. on es ia con
/ segue1ce Of which the soner was not brought b
Court the decision DrIg merely u certify, under the
treaty 70 the Secretary OF State al Washington, was
/ not deemed % be necessary. is counsel were pre-
| cent
MoRR RowDrIsM.-The following case
/, furnished Us BY responsible witnesses On Friday
evening last we witness ed Of those d4bolcal out
races heh have recently occurred 70 frequently 10
he public thorougbfres Of this City couple OF gen
esmen were walking a.oEs very quietly through Chat
bau..t rear Duane when hey were met and assaied
hv three dirty specimens Of Short Boys The gentle
man we're crowded completely oh the walk aud one Of
them Vas struck heavy blow 10 the breas. ~ one of
the ruifap which very glad 20 see resented
By an equally heavy blow in the mug Of the assail4nt
The alarm was then given, AMI s0ms haltdozen more
rowdies came 70 the rescue The scene grew exciting,
hut the gentlemen proved thenfel'es nvincioe. Find
ipg themselves getting into pretty cose quarters, and
the possibility Of geuBg out Of the scfape BY any tar
means growing oeau uly .ess, tney Dad reeour.e -