The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-06-29
C. / T Y N f w S i.
Hhe Extradition Case-.reaa ExcVteMent-
Passive Reslstance-rno Decls.On In COM
sequence Deferred.


UNITED STATES MARSHAL 5 OFFICE.
JurE GA large concourse Of persons assembled in
the Park and from early hour surrounded the Mar
ehaIs Office anxious to hear The decision Of Mr Commis-
sioner Brigham in the of Thomas Kaiue claimed by
the British authorities under the oxtrsdticn treaty for
having attemptedto kill by shooting at Bsfe,
farmer in the county of Westmeath Ireland. Amongst
the crowd which amounted to two hundred persons
and yet very peaceabe celebrated self defe
Orn YANKEE Sullivan, and several other Irishmen Re-
sistsnce 10 the laws apprehenea and though every
precaution for The maintenance of their supremacy was
adopted by Mar ,ha Tamadge 1t deemed prudent to
delay bringing up the prisoner for some time Before II
O'Clock the Marshal de- patched Of his deputies in
carriage 10 the Jomb where the crowd vas also
great several hundred persons being there No sooner
did the osic ers acht than the chmsn by
leaders present 10 drive oil the drpu
ties saw that resistance or probable hey
returned TO the Courts and reported Marshal what
had occurred Previous To this, however, Mr. Richard
Busted aud MT r. Emmett, Jr the counsel for Ksine
addressed several OF the people ut he Marhlls office
and particularly Yankee sullivan whom they told that
matter what the decision was, the law should be
obeyed; ii II was adverse to Kane they prepared
with the necessary documents TO q ha5eas
but II there the Il ghst resi- mines-
taton of unult disorder they would aban Ion the
altogether Yankee Sullivan others sured the
counsel that there intention the part of the
people assembled to resort 10 violence. they there
merely of natural desire to know the decision in the
of their friend and fellow conntrynan who was
sought to be made the victim of b aud oppressive
landlords Others. said til Il certain members
of the party heard that iaine should
go back ami that matter II the President him self
rgned the warrant his return he should never leave
the country. That all the military New York could
not take MIN out of it,
ExrRApirloN THE PRISONER.
Up to three o'clock groups of persons continued to
finger about the Park and it dee advisable
bring the prisoner from the Tobs lest attempt to
rescue might be made the consequences Of which would
of course be fatal. The Commissioner has given the
following decision which states the case for tn.
claimant has been fully made out
He sadThe prisoner Thos kaine has been by
virtue ofs warrant issued on he reqnson plant
of Anthony Barclay Esq. her Britannia ajc,tys Con.u
at the port of New York for the crime Of an ass ,t with
intent to commit murder, within the domains of the
Queen OF Great Britain and Ireland. This warrant was
issued in conformity with the -tpuatons of ,ty
between the United States and Great Britain of August
- 1872 the tenth article of which trcaty Ms follows
cit is agreed that the United States ard brtanuc
Majesty snail upon mutual nsitions by them Their
ministers Officers, or authorities respectively male, de-
liver justice all persons who being charged With the
crime OF murder or assault with uteot commit
der or piracy or arson robbery. forgery. or the
uteranoe OF forged paper committed within uri-dc-
'ion OF either, shal, seek an asylum hall BE- found
within the territories OF the other provided that this
shall only be done upon evd. of Grim uay as
according to the laws Of the place the fugitive or
person 80 charged shall be fouod would Justify his an
prehension and commitment for trial III. crime or Of
fence had there been committed anu the re ,pec tive
Judges other sgs of the two governments shall
have power juris dicton and authority upou plant
made under oath to issue for the appreen
OF the fugitive or person charged that he may be
-.
lively, to the end that the evidence of crimnay Nv
be heard and considered, and il such hearing the
evidence DC deemed sufficient to sustain the charge it
shall be tue duty OF the examining judge strate
certify the same to the proper executive authority
that warrant may issue for the surrender Of such
IugNve. Inc expense of such apprehension and
delivery shall be borne and betrayed by the party
who makes the requisition aud receives the fugitive
The original warrant In this issued by James
Fcatherstonhaugh, Esq Justice of the Peace of the
county Of Westmeath Ireland liz which county the al.
legged crime was committed The warrant produced
before me together with copy Of the Information
avt upon which said warrant Issued said copy being
certified according to the Congress by the ce
of the Peace who issued the and attested by
the oath OF the witness to be copy James Balfe
the witness who made the information or dayit
among other things that the 9th day April 1851
he was pou2ing some land In the county Of Westmeah
when Thomas kaine came up to him armed with case
OF pistols ana after some conversation respecting
Land, OF which man named Stoue had lately been dis
possessed and respecting which the had been
threatened said that he to The witness alte
shout 1t and asked IL he witness had IRA book wit
ness said that he had not Kaine said he hal ic him
sen and threw II on the ground before the witness who
stopped to pick 1t up: that while stoop ny fired one
OF The pistols al him. and that examining his person
ne found marks of a bullet aud twenty seven shot
IN MS SIDE, just under his left arm; hs then
fed and that kaine pursued him distance. but
finally turned back, and witness no m re of him
Upon this Information the said Featherstoulaush Jus
tce Of the Peace for the county of Westmeath
his warrant for the apprehension Of rh,;".- ,- ihG
prisoner upon complaint on oath md, before him that
the prisoner had fciono-ly and maicously fired pis-
to loaded with powder and lead the said James Bale
with intent murder him. This warrant. dated April
s. 1861. Immediately put into the hands of Mar
tin Meagher, constable of Westmeath who made search
the prisoner and unable find him, to execute
the warrant The said Meagher produced before
witness and testified. among other things, that
he was acting constable of the Irish of the
county Of Westmeath. in Ireland and had been such
constable for several years that he knew Thomas kane
the prisoner. and had known him for three years and
upwards; that he had received such constable the
warrant before mentioned TO execute against the pri
soncr; that il the original warrant; that he saw
James Feaherstonhaugh. the magistrate, execute il;
that he knew said Feathcronhaugh 20 be Justice of
the Peace Of the county OF Westmeath in ireland lie
alsotesthicd that on the tamc day he jams Balfe
that Bales coat seemed to be burned with powder that
there shot marks on his left side that tn witness
companied Bafc to the magistrate where he made the nfo
rmaton and that on the same day the witness received
1he warrant against the prisoner further testified
that the order for his coming here this duty anne from
the under Secretary upon the apple of the
Crown Solicitor of the county of W-~tm.ah, and that
there reward of EGO offered by the government on
the 18th fApril 1851 for the on of he prlso
uer The DUTY ofthe Commissioner in such Is to
inquire whether the evidence Of the guilt of the person
charged would justify his commifment for trial according
10 the laws in force in the state of New York If charged
with the crime here The examination and comm ment
of persons here charged with such offences cnume
rated in the treaty IL ded for by the laws OF New
York Rev St 1893 chap and would b. piled with
to all ntcnts purposes by testimony from which the
Commissioner magistrate should conclude that the
offence had and that there probable
believe the prisoner to have been guilty thereof
Probable cause Is dcduccd from state OF facts and cir
cumstances which afford reasonable grounds o. suspicion
cfgut Il Buri's trial. H. IA. 10 Crlnch. Y. 10
Barbour's Grim. Law 400 40 aa6 Chitty's BlacS
stone. 235 There Is question in my mind AZ to the
identity ot the prisoner nor thu the of, nee charged
comes within the specification Of treaty to
probable of guilt Technical objections, however
taken TO the evidence the part Of the ccun'el for
the prisoner principally, LIST That the official chlrac
ter Of the person signing the warrant IL not sufficiently
made out From inspection II the original warrant
itself appears by endorsement thereon That proof
upon oath made nth Aptl. 1851 before one Of
the Justices Of the Peace for the borough of liverpool
II at the subscribed to the warrant OF the md
writing OF the justice who signed it aud therefore autho
ity given for the execution OF the warrant within
the said borough But to this point the testimony of
the witness Mcagher clear Tie sweirs that james fea
thcrstonbaugh is Justice Of the reace OF the county Of
Wesmesth. IN hcland that he him sign the original
warrant produced in this case and thai the tou
made before him in that character Il cannot be
cessary to produce the commission under which
heJuscc Of the Peace held Office Proof that he cub
icly discharged the duties Of magistrate. acted
such, Is pna acte evidence of his official character.
(Greenlcaf on Evidence, vol l. loo 10 fnc legal pre-
sumption Is that acting in public Office has been
rightfully appointed. Cow Hills Notes 60 Philips
Evidence p 297. IL; IL Weaou 20, Rex vs. Verest.
Camp, 1872; Bishop VS. Cone N Ill. r., 5l2; aud PEG
pie vs. Gilbert Anthons N. T. Rep 1919 Lord Ellen
borough says in Rex Verelst Camp 433, that 1t Is
presumptioD law that "a acting in a