New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-09-07
Babetsa ss-ur AZ. Charles s,-,r


Suit for divorce. under the statute from the marriage
RE also for sn,ony plaintiff alleging in relation to the
main charge that defendant who resides at Marshalst
Williams burgh. keeping public house there struck and
III treated her and that since their separation she has
been dependent on her brotherin law for support She
sas r e. wsss I E.n l1s IL:
sIiissilo9: and Mr.. H. d. Brdsan opposed Refesrsdts
''-'"' g Special r.ru-s.ss.. jade. EpxosDs
sfn' hsraanee By Edward aye her next 'snA ss John
Suit for divorce the ground Of nfdely. There had
been previous ale CATION as 10 abandonment Decided
with the defendant In the other suit
pos.--.s =. l Senn eSnfin ss' Ehzs Conklin
ExrRADIrioS easy
- IN he matter OF William Calder, claimed by the British
Government under the Asheurtcn Treaty as fugitive
ferred TO.
In this case win be reooec.ed JUDGE E,mo,,. cer
fed to the President OF the United States that tho ,es
mony IN his opinion, was not sufficient sustain the allie
CATION OF forgery and tina; the DO dischargeJ
Subsequently motion was made before him to withhold
his decision and remand Calder await further testaa.
from England the afdavits stating that owing 10 ~
hurry in which the messenger embarked TO be in
New York previous TO the arrival Of the ship in which
Calder had taken passage at Glasgow that the testimony
of the guilt OF Calder imperfect but that would Be
supplied Judge E. this further certified the Presi
dent that he did not consider himself at liberty under the
Treaty detsn the accused for further testimony the
power rested ii anywhere he thought in the Executive Of
the United States
The following letter from the Department Washington
DEPARrNKST or STATE Washington Septic, 1888.
To Hon. J. w. EpxoSDs Judge OF the Supreme Court,
New York City.
SR-Your letter Of Goth u and the papers In the mat
ter Of the exiradiion Of William Calder have been rs
ceved and duly considered The conclusion arrived A.
after full consideration is that the Executive Of the United
States has authority to control the action Of the Judge
who, by the treaty. is charged with preliminary
animation Of the accused He alone candeermine whether
the proof OF guilt is such TO warrant the detention Of
the prisoner the purpose Of being sent 70 the country
where the offence was committed. for trial II is not
doubted here that you have the power TO remand the
cused IT, in your Judgment there he Of doing II
YOU have doubts this point 1t Is respectfully suggested
that You reconsider this question but granting the power
for you to determine whether the circumstances call
for the exercise of il in the
As there may be further proceedings In the case may
be convenient for you TO have the papers sent to
therefore return them to you.
l am. Sir your obt. servt WIN. L.. MARCY.
Argument was presented yesterday the atldavts
the motion remand Mr. Edwards addressing the Court
in favor. and Mr. Holmes for Calder opposed Decision
served.
CLERK OF THE CouRr.-Mr 81. John. who was recently
appointed the special having other business has
resigned and George H. Alden Esq, lately as well as Mr..
ST John member of the Legislature, has been appoint
ed in his place.