The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-07-02
The Extradition Case.
UNITED STATES CIRCUIT COURT

Before Judge Belts
from justice claimed by the British government and at
present in the custody Of the Marshal under the Com
missioners warrant, Mr. James I. Brady appeared as
counsel with Messrs r. Busted and Richard
Emmett to writ Of habcas corpus that the priso
is wropgully detained that there has been nc re-
QUESTION by the British government on the American 60
for the surrender of kane that Mr. Brdgham
by whose wsrrant he arrested is not magistrate
within the meaning Of the treaty and that legal evil
dence was adduced before Mr. Brigham to show that
kaine could be lawfully demanded or surrendered under
the treaty or that he was ever guilty OF any offence de-
signated included in the treaty, and that neither the
commitment shows facts establishing any
jurisdiction in Mr. Brigham the liberty of Kane
In support of these views counsel submitted that they
had right place before this the papers and te
timony adduced the hearing before the Commissioner
and which they conended not legal evidence upon
which the accused should be committed.
Mr. Edwards on behalf Of the British authorities, SUBJ
mited that the commital by the Commissioner was
elusive and that this court had nothing 70 do with the
matter He read sections from the If treaty, and
said that If the Commissioner has not in accordance
with the evidence the accused has the shield OF the
United states bim-the testimony would be reviewed
by the Presidents but this court could not stop the trans
mission a the papers which were sent by the Ccmmis
sioner TO the executive government This court could
therefore discharge the man. by the act Of treaty
the Commissioners jurisdiction in this particular case
was equal TO the Judges
The Judge in the course OF the notion remarked
that he would entertain the ha6eos corpus unless Mr.
Edwards could show that by the 9th article, the power
taken away from the Circuit Judge. The only
question for counsel to discuss IT, whether the act
referred to ntercepts the authority Of this court and
further power than to decide whether the committing
magistrate had jurisdiction. His Uhe Judges) impress
sion that he had other power but to whether
the committing magistrate bad jurisdiction in the
lie had grantee the boJeos corpus because IL very de-
srabe that the question before the court should be settled
by the Court Of Appeals. The facility of communication
between the countries had afforded opportunities TO par
ties escape from to another The United States
had the treaty applied to foreign governments for
refugees for forgery and other crimes within the act and
had met with ready response. IL be that under the
Of AS 40 this court has nothing do with the
matter after the committing magistrate had disposed of
IL better IL this particular affords the occa son
that II should go before the Supreme Court Of the state
Mr. Edwards asked the Judge II nc would give IL as his
opinion that this could be carried up the Court
Of Appeals
The Judge did not mean TO give any opinion on the
point but II there is right TO review OF the case
they shall have it, His Honor then decided on receiving
condtorally, the evidence and papers when had been
submitted TO tho Commissioner. -
Counsel for the prisoner then put the documents ai
ready noticcd i'm before the court and submitted mat
there evidence to warrant the commtal OF the
accused.
The Judge ordered an adjournment until Friday morn
ing nj the same time announcing that counsel should
confpe Themselves the argument TO the question OF
ITbe prisoner was not brought into court A large
number of his friends and fellow countrymen pre-
sent, snxiousIy awaiting the result