New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-07-27


The WEATHER.-Relief, coming at las
In the shape Of rain Storm made yesterday souethn
more pleasant end toerable Just before daylight o
Monday the Clouds that all through the night had bee
threatening and lo~ering broke by the breeze shower
ed joyfuy downward the copious richness of water
long and grudginsy heidi the sky Nature revived
and the scorchsd vegetation, touched with nev
vgor, looked giadsomely upward, once more re
freshed and made strong In it's beauty. Yestsr
day hot moist and sorely oppressive gave u
sgain the full torment of Summer, nor ceased II
Its vengeance till sunset when gold and vermIllion
and purple imperial flushed DER the West with a rich
ness that art might strive but In vain (though for
ever to equal Mountains and valleys of silver ant
azure, and lakes of deep cooreis crystal spread oe
the sky like the landscape of-heaven, gorgeous Ii
beauty but all evanescent as hopes that men cherish
So went the day down In glory and night, full of clear
and GOODNESS and beauty Of moonligh, and star
light ensued, giving hopeful foreshadows of fslrnes,
and coolne" and beauty today.
SUPREME CoURT-ExTRADITIoN CASE,
Before Judge Bosworth.-Cdse Of Thomas KaiaG-
TIE proceedings, under the Ha5eas Corpus, stood ad
jsurned to This forenoon, at IL o'clock. At the same
time there did not appear to be much excitement but
one TO two hundred persons being assembled In and
about the Court rooms The latter however soon bs.
came filed, (so far spectators allowed 10 come
NJ, ard large number of persons (mostly az were
hose inside, our Irish cizens) collected outside
Kane wss brought into the Court room little before
IL o'clock by Mr.. De Angels, one of the Deputy Mar
shss, and ,oon aerward his wife appeared and took
a seat beside him. The respective counsel were also
present, the District Attorney, and Assistant Ds,ric
Attorney, appearing behalf Of the United States
under Instructions they said advisers TO the Mar.h
An affidavit resd by Mr. Busted, one of the coun
sci for Ksne, and sworn to by Ksne, being traverse
the return stating, from Information and belief that
the only warrant on which the Marshal holds him. Ia
that from Nh Hunter, acting Secretary of State-snd
denying the regularity Of the proceedings and the said
warrant, &c.
Mr. Edwards, counsel for the British Consul in max.
ing the application read affidavit detailing the pro.
ceedings in the thus far, with view 10 shew the
present application TO be adjadicatI Messrs. Hall
and Eyart also suggested that 1t IadjHdcata
been adjudgedl.
Mr. Brady said the affidavit is part of the return and
should have been presented with It, so to enable the
defendant TO traverse 1t.
Mr. Edwards denied that II was So
As to rtsadjudieatG Mr. Brady also consended, as
before that the warrant for his extradion is mat
ter since the decision of Judge Betts and they deny
the right of the Acting Secretary of State of the Sec
rotary of State to sign the warrant but that must be
done by the President himself. In this they may be
wrong but they wish for time to ascertain Ia regard
It, There is no proof either Of the signature. He NOV
ed that the be further adjourned Wednesday, 10
order to afford time to amend the traverse TO suit the
affidavit.
Mr. Hall produced on the part of the Marshal the
warrant signed by Mr.. Hunter, Acting Secretary eff
State for the extraction of Kane he also said that he
was acquainted with the signature Of Mr. Hunter and II
was his; he also Showed the appointment of Mr.. H.
and the power the President appoint in the absence
of the Secretaries.
The Government have feeling In this matter, aud
Mr. H., on hand, said they wish faithfully to carry
out their treaties the other to do justice to indvi
duas lie spoke as to the treaty being reclpr )cs and
that many complaints by both Governments which
formerly made particularly the frontier, as to Of
fences have now ceased. He suggested whether the
wsIrsnt was not conclusive
Mr. Brady sad he would frankly state thai their OBJ.
ect of posponement ia to ascertain whether this mat
ter cannot be carried TO the IT, s. Supreme Court AL
they want Ia 70 know the extent OF their legal rights,
and having been once ascertsined, any person who
would endeavor to oppose the laws or the carrying out
of reaies ought to be put to death He wrote, fsw
days SINCE TO Judge Nelson one of the Judges OF the
L. s. Supreme Court TO know whether this case could
be carried to that Court not. The Judge wrote tina
he would consider the between that time and to.
day. and there is no doubt said Mr. b., that we shall
have answer from him before Wednesday; and bis
answer may have much effect to the course of the
present proceedings
The judge thought that Judge Belts acted on the
common law, md this Court the statute, Il was NOT
res adudcaa so far prevent inquiry into the case
Il could DO no harm to either panty to lot the matter lay
over to Wednesday.
1t was finally postponed to Wednesday at IL o'clock
Kane in the meantime 10 remain Ia the custody OF tl3
T. s Marshal, and to be bro jghI up then.
During the proceedings some loud cheering was heard
outside on the Park and number of persons ran to the
windows but they were directed to resume their seats
After the notice OF adjournment repeated cheers were
heard as from a large number OF persona Messrs
Bra6y end Bustead LETT the Court room and addressed
from the steps, those outside, requesting them 10 dis,
pelse, which large portion OF them alter some more
loud cheering, did KANE was kept la the Court rom
I'll the number Outside had been greatly diminished,
when he was taken from the Chan0er-ss. side By the
Msrsbals and his officers aud body Of Police Some
considerable excitement here occurred, and some
stones thrown and the oi;ers compelled = use t1eir
cubs bot IN few minutes everything IN aud about .he
CCuit room ass sgain quiet and the business Of tne
Court as h other matters resumed
TIE KANE EXTRADITION CAsE.-At-
tepps 10 Rescue the ProR1-A serious disturbance took
place about l o'clock yesterday afternoon, between
posse Of about 200 policemen and l5OO individuals Ia
which or 10 of the police and abeut as many Of the
mob were or less Injured.
appears that Thomas KAine, the alleged fugitive from
Ireland, was yesterday morning conducted from the
Tombs to tho City Hall In carriage, and there taken
before Justice BosTorth Several hundred Of his cOun,
yrnen were assembled the Frankin.st. entrance Of
the prison at early hour, but The prisoner vas taken
through TIE door leading into LeOnardS, when there
er IN, four uersons there and had reached the CITY