The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-08-26
The EdynaOln Case.


Correspondence of the Albany Journal
r AUBURN, Aug. -, 1853.
Quite crowd gathered at the Court House. on Sa-
tur.isy morning. to hear the difference discussed be-
This battle Of the alphabet" was set down for 10
O'Clock. At the appointed time Edymcin vas brought
into the Court by the sheriff. He is short, rather
stout young man, with light hair and complexion.
His general appearance is prepossessng.
His Honor Judge Humphreys presided. Christie
pher Morgan, C. A. Seward, j. B. Cox, and B. +.
Hal, Esqs., appeared as counsel for the prisoner
The District Attorney, T. M. Pcperoy, Warren T..
Worden, and n. S. Myers appeared on the part OF
the people.
Upon the organization Of the Court, Mr.. worden
proceeded 10 read the return of the warden of the
prison. Its substance was that Francis b. Edymon
was duly convicted and sentenced TO prison for bur
glary, and that having escaped he was rctaken and
again confined 1t admitted that he Escaped by
mems of pardon, but alleged that the name in the
pardon vas Edymcire, consequently Eaymoin was
not entitled to the benefit of it.
Mr.. Seward, Of counsel for the prisoner, to pt
in reply. This was objected to. long, rambling,
but spirited discussion thercupon ensucd, in which
ell the lawyers took less part. In the course
he, as an honest man and an upright magistrate,
would not thank him for finding means to prevent
the escape OF convict, even by res0rting to qno
ble?" This rather novel view Of "equal and exact
Justice elected no response, however, from the
Count. But as the lawyers say it opens the case !"
and pretty wide too.
The Court finally heard the reply 1t set forth
Substantially that although EdymOin was duly CON-
mitted, be was also duly pardoned and discharged
afterwards, and that he is now imprisoned without
any color Of authority.
More debate, and then the witnesses who had been
summoned, not being In attendance, the Court ad-
journed until afternoon.
When the one o'clock train came in. il brought
Hon. H. s. Randall, Secretary Of STATE OF the
witnesses for the prisoner. The Governors Private
Secretary was also subpGnacd, but be was away in
Illinois, and could not be had. 1t also brought At
torney General Chatfeld, to assist the counsel for
the State.
Secretary Randall was called to the stand. He
testified that the Governor had ordered the pardon
OF Francis B. Edymoin, that was entered on the
record, but that the name written by mistake in
the pardon, Edymoire; and that subsequently the
cord in his Office was altered to Edymoire also.
The warden Of the prison was called. Do you
see that man? Yes. What is his name! Fran
els b.. Edymoin Did you discharge him from
prison. Yes. Why? Because / supposed he
had pardon, although afterwards found !; did not
contain his name. Did you not read the pardon be-
Of it. How much did you read Why, read as
far as Francis u. Ely, and then supposng II
to mean him, stopped. QAughter) Is there
sny such man in prison as Francis y. Edymoire y
No. Has there ever been Not 10 my knowledge.
The argument was then resnnied by the counsel
The Attorney General arose and delivered, almost
rsrbdtim, the long .winded article in the ARGS Of
Thursday night citing the case og John slale &c.
~ NV VIC Va enS <At.uS " NOtJ
limited Up this way, it good as if had been
new with most people present
The -4tas article being concluded, the counsel for
the people moved = postponcment until tomorrow
(Tuesday0 at two o'clock. II was granted They
arc then to produce Governor Seymour himself as q
witness.
Here q new difficulty arose. What wa to bc done
with the prisoner IN the meantime The counsel
for the State wanted him sent hack to the prison.
His counsel, on the other hand said that IL ne was
sent there, there would be no secuIty that he could
be found again and brought into Court. Besides,
they said he had been punished by the keeper for
leaving the prison when be was pardoned, and Tor
onght they knew, he would be punished again Tor
daring 10 apply Tor the writ Of haSels corpus.
spicy debate followed The Court finally decided
that as the sheriff was an officer Of the Court and
the warden was not, II was proper he shoud remain
in the custody OF the former So EdyIaOin goes not
10 prison. but TO the county jail until the final hear
ing and decision on Tuesday.
Very much has been said about Fiymons
shrewd rascality" his conviction for bur glaryn
&c. The facts In regard to his original offence are
these He went to the turnkey of the jail OF the
county where he lived, last summer, and ondeayored
70 procure the lbsfatlon Of friend confined there
for some petty oreuce 10 effect II he offered him
brbe. The turnkey took il and gave him the key.
An accomplish betrayed him, and while he was in
the act of opening the door, before he had effected
his object, he arrested. This is tho burglary
sor which he was sent to the State prison for i've