The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-07-24
The Extrallition of Thomas Kaino Procras-
flnAled.
SUPERIOR COUET-sPHeIAL TERN.

The Extraliition of Thomas Kaino Procras-
tinatcd.
SUPERIOR COURT-sPBeIAL TERN.
Before Hon. Judge Bosworth
JvLv y -ffsbcus CorpHs-Ia he matter Of Thomas
ko'e tsts from Justice claimed By ne B'isA Goserr
the previous day, called Mcssrs. James T.
Brady and Buteed appeared counsel for the prisoner
MIR. Edwards, for the British government, and Mr. r. A.
Tsmadgc for his brother, the United States Marshal
The prisoner was not brought into court. There
court, and the gallery was very weli allied
Mr. Busteed addressing the Court, said. that they
We're ready on the part OF the petitioner to proceed with
the case but he would first ask whether the prisoner
in court
The Judge-what do you mean? Tho bc Jy Of the
Mr. Bustced-The body In accordance with the forty
second section of the which provides that the prison
er shall be present except in case Of Sickness or ther
The Judge-The officer returns that the prisoner is
in his custody and considered in court.
MIR. Busteed-Asa matter of right we demand, on hi
behalf that he be here With regard to yesterdays pro
oeedings wish TO state that told the Marshal did
not thu require the presence; but require that
Mr. Brady said-I have been concerned in this case as
counsel for Kaine since the issuing OF the aeas corpus
before Judge Belts and have yet the man,
and don't intend to go to the prison to have an inter
right to have him here before proceed with this case
Mr. Brady then read the section of the act which sates
that in cases Of hcteas II no sufficient excuse
Is shown for the appearance OF the prisoner 1t shall
be the duty ofthe Court to issue writ for his immediate
appearance. Upon this point continued the learned
4
daton but in consequence of the and unyiedng
spirit in which we have been met by the other side in
y tst the
hot haste has been manifested as in this. and
The judge do not the necessity for these remarks
There has been sufficient excuse given for bis not ap-
Fearing yesterday. We will hear from the Marshal the
rfssops for his non. appearance to-day
Mr.. Brady demand that no be here.
The Judge-Ls Thomas kane in court?
The United States Marhal replied that he was not.
threats that were made and there not being large
had not brought Kaine before the Court He, the Mar
shall intended to have brought HIM there but he could
not get sufficient force to do so with safety
The Judge said that the Court could presume that
any citizen was determined to resist the laws OF the
country The Court would not presume that the laws
would be outraged and, without sufficient evidence on
oath. Of the apprehensions of resistance the Court
! could not presume that such would be the case
Mr. Edwards wished to state with regard to the hot
haste with which he charged the remark may have
been induced by the hot weather. but this it should
be remembered commenced more than month ago
and the prisoner had had every opportunity Of discus
sing the matter there could be grounds for the
sation of the hot haste
prisoner not here yesterday and has been sufficiently
accounted for The Court now wished to have reason
shown why Kane is not here to day.
Mr. Edwards said that the serious question whe-
Their the Marshall could be compelled to bring the
appears by counsel respectiuliy as he GiT EDWARDS,
thought responded to the writ of habeas of this
court and showed that this was in his custody but
he showed that he in his custody Marshal Of the
United states and seemed to him Mr. Edwards) that
there the obligation ended. Counsel said that at this
stage of the proceedings he would interpose affidavit
to show that everything that could be taken cognzance
of adudicated upon by Judge Belts of the United
States Court Counsel then referred to the extradton
of Rooney years ago. before Chief Justice Oak
ley in which Judge Oakley that the matter had
been fully and refused to enter into the mo-
ton on habds corpus With regard to the production of
the prisoner in court Mr. Edwards referred to the
Meitze in which Judge Edmonds ordered his discharge
and Judge Belts of the L. Court ordered his removal
With great respect he coune would ask Of what force
would an attachment in the hands OF the Sheriff
against the United states Marshal be The Mar
is not present. As far the counsel for the
British government was concerned. hc had objection
TO the pre- OF the prisoner; but he (r Edwards
was shisfrS That an attempt would be made 10 icscue
would he rskei in bis attempted capture He (ar I'd
wards was there counsel for the claimant who tie
British aoyenm'n t The Marshal was represented by
Mr. +. A. Talinadtc.
The Judge said hat the Marshal the only person
he wanted to hear at present.
Mr.. f. A. Talimaogc (exEecorder) counsel for the
Marshal, laid lac knew rule by which hubeas corpus,
which has been issued and dismissed by one Judge,
would be- tolerated by another II such were the prac.
tee there would BE- termination to wits of haJeas
corpus.
The Court thought that there nothing different in
this from any other hdbeas co,pS and the party
in whose custody the prisoner H. must take the risk of
dsoheyipg the writ unless he shows reason why the
prisoner sbopld not be brought into court. The only
point before this Court is whether the officer obeys
the writ or not. He Che Judge) regretted exceedingly
That the suggestion Of danger OF arrest had been made
He not that any citizen of this community
attempted to violate the laws If the officer be-
cvcs that danger exists and that the force the county
il not sufficient to enable him to bring up the prisoner
with safety then IL will be considered by the Court.
The inquiry of traverse to the return is after matter
Mr. +. A. Tamaoge counsel for the Mar hal concurred
with the court regards the ability of the authorities
TO execute the laws in this city Mr. Talmadge pro-
cecding in his argument on the ca In which he sad
that he presumed that the return of the Marshal
disputed when he informed by prisoners counsel
that il was aud on suggestion from Mr Brady to adj
Jorn the matter 10 Monday Dir. Talmadge said that
the part Of the Marshal he had no objection.
. Mr. Edwards opposed it but the Judge said that he
thought that when the person whose behalf the writ
Is ucd and the officer in whose custody he IS have
objection to adjourn tho Court would have no hesitation
in ordering the adjournment
The case was then adjourned to Monday next the
Court entering order that the Marshal shall retain the
prisoner in custody pending the proceedings this court
The Turf.
UsoS CorRsE i. I-TRorrSG.- July %.
Match and purse $500 two miles and repeat to wagon
and driver TO weigh 800 pounds.