The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-08-14

FROM the Albany Express, Augusto
The matter OF Edymoine, full and correct &C.
count Of whose pardon, by means Of forged papers,
We gave few days since, has excited considerable
interest not only for the unparalleled character and
sdroitness OF the proceedings, but because Of the
question which has arisen as to whether he can be
again incarcerated on the original charge. As the
matter now stands, he has been re-arrested, after
having been released on bona fde pardon from the
Governor, and has been summarly carried back, and
consigned to prison again.
1t seems to US that there are strong doubts ~ to
the correctness of the taken. There has been
so far as Edymone is personally concerned, no pre-
nminary or formal investigation as to the Illegally
fraud alleged. The genuneness Of the pardon Is
admitted; but the forgery OF papers on which it was
obtained, is strictly speaking, merely charged; and
though in this instance, the may be Justly Sc
cured yet il he legally so, and can be be thus de-
tainedY
Again, Edymoine afirms that he knows nothing
At all about the forging; all he knows Is, that he
went out OF prison with the pardon of the Governor
duly sealed and signed, in his pocket. OF it there
doubt and whether it be true or false that he
knew nothing at all Of the manner in which it was
procured, can mere dash OF the pen cancel it, and
again consign him to the walls. There is no doubt
that, had he thought far enough to do so, and pro-
cured q lawyer when first arrested, that he could
have been kept here writ of habeas corpus, and
had the question of return decided in the due course
OF law II he has friends who are DESTROYS OF taking
hold Of the matter, such writ can yet be obtained,
and we hope it will merely for the purpose OF test
ing the novel questions which arise.
II the papers on which the pardon was obtained
were forged by Edymoine, has the Governor the
power, after the man has been at large, to summa-
ry cancel it? Does his authority extend beyond the
pardon to such an extent as this? We think not
and without knowing whether any provisions are
made by law for such case, incline to the opinion
that SO far as the Governor is concerned, his au
thority ceased when the pardon was in the con-
vict's hands, II error or fraud had been committed
other tribunals are to adjudicate upon 1t. II Edy-
moline did not commit these forgeries, then is he
liable to re arrest? 1t must be borne in mind that
the pardon is genuine, and In this latter case ne
acted without any criminalty or fraud Of his own,
and that as between him and the Governor the
transaction was in good faith.
That the man should be held there is no doubt,
but whether he can be, and how he can be, are the
questions. Certainly, more formality Is required
than has been taken, for we deem it very DANCE
rous precedent indeed, fraud no fraud, which au-
thorises parties to act in as summary and exparte
manner IS is witnessed in this case.
We have been put in possession .ef more facts IN
relation to the convict. He has the reputation at
the prison being of the most adroit and nteli-
gent men there He was employed, as we stated, IN
the saddlery department, in numbering and marking
packages, was beautiful penman, ready and indus
trious.
He says that he came to this State about a year
ago, having'been previously clerk for several years
an Mississippi steamer. He located in Tioga coun-
ty, and after being there awhe--so goes his tale
sought the liberation from jail OF a friend OF his
That by an understanding with an official Of that
county, he was to have the opportunity Of releasing
him, on paying to such an official $780, That the
money was raised, and paid, and at the appointed
time he (Edymoine) was taken to the jail, and
handed the keys by the official Edymoine then
having said to him that he wished the matter :" all
on the square, and no game to be come over him."
proceeded to unlock the doors to the CELL when he
had scarcely put the key in, dozen men pounced
upon him from different parts of the building, and
he was arrested! He goes on TO say that after his be-
obi IS
leasing prisoners, the official alluded to to him,
and assured him it would be al right, and that he
should he unframed; "to keep easy for it was on
the sve of an election, and this very official was
candidate, and that his (Edymoine's) arrest was
planned as it occurred, so as to get up Juror in his
(the oficial's) behalf. capable and vigant Of
fcer, and thus aid in securing his election So
Edymoine trusted, but the election passed, and his
broken and being without power to prove the above,
he convicted, and sentenced to the State prison
for five years The story, improbable as it is, is an
ingenious one, and as told by Edymoine is without
halt or bubble.
The manner of his detection and arrest is series
of accidents-of luck. As related yesterday, the
meeting Of the woman, and discovery of his being in
this city by Pomeroy, on Friday, was mere chance.
1t was subsequently arranged with her that she
should show officers Hagadorn and johnson where
he was. SO, after considerable backing and filing,
all Friday afternoon, she showed them house on
William street, where lived woman with whom it
was supposed ne naQ COnncCLlOn InlS was Inc
end Of the clue the woman avethem; and of course,
having no description Of the man, it was not very
satisfactory one. However, they knew that Edy-
moline had an intrigue with the woman who lived
there, who was described to them, and on this
they had to rest. SO they resolved to watch
the house, which they did all Friday night,
with no success. On Saturday morning at about
a o'clock being still the watch, they saw wo-
man emerge from the house, and go up towards Ly-
dus street. Satisfying themselves was the onethey
sought they cautiously followed her up, and through
several streets, until they saw her 60 toward and
enter the Park, and act as though expecting some
one. True enough, in a few moments man was
seen to meet her, and both sat down upon the rail-
ing. The officers were now sure Of their man, so
separating to the north and south Of the Park they
entered either way towards their unsuspecting vic
tim, and simultaneously had him in their grasp. His
surprise and fright was great but quickly overcome
and he INCREASINGLY and with perfect nonchalancs
accompanied the officers only STIMULATING to go the
back streets"
He says he has taught lessons in penmanship, and
has come to this city, intending to procure class in
that, and also pursue the study Of the law, which he
had already devoted some time to. He is very con-
fdent that " some one will have to pay for his re.
arrest, and that the Governor cannot go back of
the pardon"