The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-09-08

BUPREME OOURT-IN CHAMBERS.
The following rrssponasnce has taken place bel Vss7
M. Secretary Marcy and Judge Eduonds'-
DEPARTMENT OF STATE.
WAsRIsGroN, Sept. d, 1908.
To Iios. J. W. Epxosps, JUDGE OF THE SUPREME eoVIi'
sm:-Your letter Of the goth ult and the papers In
the matter Of the ext5adion of William Calder have
been received and duly considered. The conclusion
tive of the United States has authority control the
action Of the Judge who, BY the treaty Is charged with
can ~bsher the proof Of guilt is such to
warrant the detention Of the prisoner, for the
Of ss sns .G the
that yen have the power to remand the accused II in
your Judgment there be caass Of doing you ave
Won reconsider this but granting the power,
Il il for YOU to determine vine Their the circumstances
As there may be further proceedings in the case It
ray ba for you to have the papers sent to
me; therefore return them 70 you.
am, sr, your ooeaisnt servant, ,,
WEI L. MARCY.
l. John w Edmonds Justice OF the supreme Court OF
the State Of New York do further report
That, compliance sth this fugSeston contained in
the communication Of the state Department TO me,
under date OF thsrst September inst have taken INTO
nature consideration the application the part OF the
Der until other evidence Of his guilt may be brought
from aba oad and Of opiOi0n inst such application
n the rs. pace my decision on the question Of the
psisoner's guilt founded a the evidence which the
British government laid before me, was finally pro
n0unced before any such application was made to me-
ard the application, therefore il not to postpone the
s1a1inaon for that was brought to close by my de-
csi0n but to 1t again for tine OF farther
testimony and that without any allegation tnst IL haa
been rewy discovered since that aSjudcaon Snch il
appears to mo, the spacau0n, and to grant 1t woult
be quit in gu'ar and without sound precedent.
In the next place, there Ia definite time within
which Iueh examination must be brought to cosa
mean examination preliminary to commit nens for
trial. yet the practice In this State has been like that In
Epssid d, requiring II to be Brought to close within
three days. unless extraordinary circumstances
should justify longer delay. Now there IL not In thu
any dpaIy circumstance. II IS the ordnsr
complainant who feis for want OF evidence 4
make out bis eh.vge when the charge ia true the evil
dvnee that is wanting 10 just as uch at bis comm
any other part go that Ia fact the IL
detain the prisoner In custody until the complainant
| supply the consequences Of his own remissness
This would by justify 70 long detention a. Il
| ashed for in this case, if 1t would warrant any.
In the third place. entertain strong doubts whether
n any Of exraditon. where the dema govern
bas failed to make ont iE would be proper
10 hold tho accused in custody until farther evidence
from home could be sent for and procured can dnd ns
the act Of Congress- but the other hand mplica
ton at least that the demand Ia To be made evidences
sufficient warrant the arrest and de.eaon Of tina &C
| eused.
Under those circumstances have refused the applica
ton for delay and discharged the accused from custody
| uDcar my sarrArt,
Given w der my hand and seal, a. the city OF Ns1
j. W, EDMoNDs, Il 81