New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-08-30

b-irc .utci. nfly s.tshhshsd there Is sscea. evil
demo- beor. SAFETY that the ss1 william Calder
did commit s4id ta ry u q taere Vas PROP Dis cause
ever for ehsrsux him there Fih Sud that therefor the
evidence bis rininAiy sccorciuS O. the Laws Of the
State Of Nv York uoud DOT jusiy h spp-nr n-i'n IA
ccunen; fer the tTAl OF TIE crime or oasnse os1 Asfe
been any committed
And 60 further csrty that the fc -ng s the reasons
for NV opinion:
he eySencs of said Csders crnin.lity eOusi.t.lss
In The fac, that be 50 eircurstsncsc that he might
have committed The ofense 3D. Ths be fed from u rN
Bri,sn &C. Tia. he concealed himself On board the sn9
WIEN sought to Be arrested on my VARIANT Ana tn Tue
cpircn al the complainant and pGrsaer Taylor saf ne
Signatures charge 70 o. orgerss ars II the proper nd
writing Of the ssii Calder
A. the first confederation appears thai the vne'ses
Defy and Taylor situated in Ike msnner-ths they
nigh, hsve committed the osnse well a, Calder and
this evidence was no stronger against hin than vas
against them.
As to TIE second consideration. appears that he had
forfeited Ire confidence Of his superior osers tr some
alleged misconduct and hsd been degraded from his seps
rate couusnc and had therefore determined to desert his
posiion prvste duly enrolled IN the corps Of Royal
SAppers and Miners
As 10 ,he third consideration xppears that he had al
erroneous impression thai 40 long he was on the water
he could be arrested for dsseron and carried back to
Crest British sod that could not be until be bad actually
touched his foct tire American soil tht he would b.
free sns thst seeing Corporal Taylor, under whose CON
uRrd he hsd served. approach the ship With the cic-r
charged with the execution Of vibrant whls said
sci was approaching port OF Newly and before sh-
reached the Geek &c had concealed himself 10 avoid arrest
and detention for bis deserton.
forgery ught We. have been committed by the sud wit
Duffy Taylor as by the accused Calder The ony
evidence a. have ssid that OF the witness Taylor
from his know ledge of Csders hand writing and con
psrison Of handwriting made by Inn. Slch evdencs by
witness alone even from witness beyond ali susp
cien would NOT Of itself be sufficient to Justify the con-
mifmeD Of the accused much less when coming rom one
who, ur der the circumstances might have committed the
ofense
But there another consideration which does no.
much appear from he annexed papers but which sppear
Cd hetpr m
ths The in which the witness OF Taylor gave
testimony before lie testified very positively to
facts which from his account be would know 70 be
true and varied his testimony from time 10 time to meet
objections which | suggested and supplied by positive
svsmtnts defects which he thus discovered had arisen
from bis previous statements nder such circumstances
should have felt myself called upon TO charge jury that
would lot be safe TO rely upon his testimony snd did
feel myself warranted in relying upon H. unsupported
a. II vas BY any other evidence.
Therefore Is that do hereby certify and report 10 the
Of the United States that there is not evidence
the laws Of the State 1T NewYork to justify his spprehel
sion and commitment for trial for the said oense OF forge
~, il the same hsd been committed in this state.
Giver uLder my hAhd and seal Of ths City and County
ISigned) j w EDnosDs
The above the certificate &C Judge Edmonds made on
the Esd inst On motion of Mr. Chas Edwards for spph
cation b. vhcrev the decision, for the tine being and
admitted the introduction OF further afdsvits.
On Monday reIoOn he rendered his decision las sbove
with the fol, wing addition:
T. he Pre,idsntQ q the United SiItrss
b,g leave further TO report that after my opinion OF
23d gustwss promulgated 10 this matter 20 the several
parties therein application was made 20 me- on
The afidAviis Of Anthony Barclay and james Taylor
hereto annexed by Chss Edwards, Esq before named
appearr in behalf II the British Government for post
pon eLt my zeal action in the matter, until evidence
could be obtained from Great Britain to supply the defect
on which had expressed my opinion that the accused
ought not 10 be delivered up for extrsition.
And after msiurey considering the sad application
report that Of opinion that is not within my prov
inc. TO efapt said application the resting, il any
where the Government OF the United States, and there
fore decline to give said sp plcaon
In witness whereof have hereunto set my hand and
seal this 10Th August j. 3. J. W. EDMONDs.
TIE toowir is the testimony in this case, presented
by the Judge in his certificate to tho President OF the
United States:
second oas- 0f the Royal Sappers and Miners ia the
British army know the party here present to be William
Calder have known him between ana years he "a
private in the Royal Ssppers and Ml1trs re was Al one
me- n the ssIe office with In Edinburgh, ScOtand
lust before he to America he WAS stationed at the
village Of Trsnent sddu gtonstre, about 10 miles from
Edinbureh; have han write very often sm IA.
miar with his handwriting know Thomas Campbell aud
Denus Mclaughlin, when Calder WIS at Trsnent Camp
bell a aborer and Mclaughlin a civil assistant 1t
Csdefs duty To them and % return the pay st
with their sgnsiures to the Office at the end of each fort
Light and quarterly at the end OF each three jnths lie
looks s the pay lst hereto annexed aud marked by
ana deposes
| was at Edinburgh when this pay list was received
there IL sent 10 me by Capt skyreng, sud wa, re-
handwriting OF Campbell and Mclaughlin, from having
seen tb write 90 he evening Of the stu July private
of tie Ssppers, james DUfy 10 ny house at the
Ordnance Office ia Edinburgh ard reported b that no
hsd lust discovered that Calder bad sbcondsd from bis
station 81 TTsnent the 9th then inst TIA; his Duf
+, d box had been iorciby psneJ aud in bank notes
taken cut Of IT, Nth quantity OF wearing apparel Then
Trare1t and there discovered thst he had stolen
teodoiie and number Of Instruments belonging 10 the
British Government ] identified that thsodOlte last sun
day the office Of the Second Ward Police ia the City Of
New York GId on the OF OF the books the
marks Il the Ordnance Department. The marks on ths
q eodoe bad been tsken out by file. Private Duffy had
LEGGED in the room with Calder At lrsnent While
was At Trsnent Campbell and Mclaughlin, and paid
them their wages from ~ 10 oh July obtained hsir
signatures They ssked Who 20 pay them Tor the
week ending 3Oh June This pay list nov shown had been
was present. when these dspostons heret0 annexed
taken and when the several parties signed and sEOrs
h.m saw the warrant also signed by The Sheriff suo
sttute; comm ded by the Master General OF the
Board q Ordnance to brig Theses papers 10 New York,
sud trc and proceeded % Washington, and laid
Them before the Bfih Minister The signature Of Calder
10 the signatures Of Campbell and Mclaughlin IL IN his
hand writing; from my knowledge OF the hsnd writing Of
Calder say that the signatures OF Campbell sod Nc
IRuehn the say pay list are in Cslders hsId writing
Tie witness BE- bg cross examined by Calder.
Some time previous, Calder wss Of psrty who were
paid by Sergeant Scott, and nstimes by the witness
Advanced nothing 10 Mclaughlin when hs was sent out
from Edinburgh. but did give Campbell dive shllings;
P,vss Duffy not present al TraEen on 30tb june
be was sent 70 relieve Calder account Of some previous
con plsini ard think the 9Th Of June or 2eh,
10Th that Duffy sent down 10 relieve Calder, but
be was rot 10 relieve him until the 3O.h Of June did
he relieve bin. Duiys orders wers 70 let Calder fnish
up bic work and not 10 relieve him until the st Of July
sid be WIS 40 ordered Ii Duffy had relieved Calder
tie a7h Of Jure would have been bis duty 10 have paid
of the men on the lst ofJaiy.
1 asked the witness the question Could Duly have
committed that forgery He answers, It IS impossible
because be had nothing do sh any payments until ls
july and when went there 9th July he had not paid
single msp and it only the evening before when he