The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-08-30
THE ExTHADIrIoN CASE.
supss Ino CsuIs-sPocisl TcrraI

v~hs does noG b~ia Iho Prisoner.
Aususr 29-The Court met this morning OF ten
o'clock, and resumed the business Of this case AZ
10 hearing the foil wing testimony on the part Of
he British government, the Court did not think tho
tidesce sufficient TO hold the prisoner, William
taldcf and bis Honor Judge Edmonds delivered his
piniou to that effect. Mr. Edwards counsel for ths
tftish governnen, Gade an application 70 POSTPONE
Inc case, a. he had some further evidence " ohcr,
nut tho Court declined granting his request
The first witness sworn was James g. taylor, VINO,
icing dolly swor. says he is Corporal secosd classl
the Royal Sappefs and siiners iue w Drislsa
calder; I have knosn him between three and four
ears; he Is q private IN the Royal Sappers and
: liners; he was ut one time IN the same ONCE With
ne in Edinbmg Scotland; just befote he came to
america he WIS stationed ut the village of Tranent,
a HaddinetOnshire about ten miles from isdiDburg;
have seen him write very often; am familiar with
la handwriting know Thomas Cam pbei and
campbell was isburer and Mclaughlin was civil
seistant; it was Calcers duty to pay them, and to
eturn the pay-list, With their signatures, TO the
ico at the end OF each fortnight, and quarterly at
he end If each three months. He looks at tho pay
ist hereto annexed, and 6eposes was at lsdin-
)urg when thus puyii.t was received there; 1t was
ent to me by Ca ,tuin 5kyring and was received by
ne on the first cay Of July last: know the hand.
writing Of Campbe and Mclaughlin from having
cca them write; on the evening OF The 6th of july u
nrivate OF the Sappers, James Duffy, oane to my
house ct the Ordinance office in fidinburg
aud reported TO me that he had just dis
covered that Caioer had absconded from his
station at Trsuelt, tue 9Th (then) instant, and
ahat his, Dufys, box had been forciby opened, and
&ftcel pounds III bank notes taken out of 1t, with
quantity OF wearing apparel | then went to TraDent,
and there discovered that he had stolen theodo-
lite, and num5tr Of Instruments, belonging to the
British government; identified that theodolite last
Sunday, Ia the ottite Of the Second watd police, in
abe city Of New York. AZ on the cover Of one of the
books saw the marks Of the Ordinance department;
the marks on the theodoite had been takeQ out by
fle private Duffy had lodged in the same r0OE with
Campbeu and Mclaughlin, and paid them their
wages nom LIST 20 eth of July, snd obtained their
signatures; they asked who was to pay them for the
week ending 36h June; this pay list now shown, had
been there III tic office week; WAS present when
these dispositions hereto annexed were Saken, and
when the several parties signed ard swOro 10 them;
siw the warrant alao, signed BY the sheriff suhati
fne; was commanded by the master general OF the
Bard OF Ordinance 10 bring these papers to New
Yrk, and broRe ht them, and proceeded to Wash
lnton and LAID theIl before the British Minister the
sipature Of Caller 10 the signatures of Campbell
MI Mclaughlin, ,s his handwriting; nom my know
lcge of the han awrnag OF Calder can say that the
mpaturcs of CdDpbet and Mclaughlin to the said
ps-list, arc in Calder ) handwriting.
The witness eclng cross examined by Calder
Bnetme previous, Calder was Of party who were
did by Sergeant Scott and sometimes by the witness.
I dysuced nothing 10 Mclaughlin when he was sent
st from EdiDburq but ! did give Campbell, five
the S0th of june he was sent to relieve Calder on
account Of some progsousi complaint and think 1t
vas on the 9th Of Jane, or the 18th or 29th that
Du6J WAS sent Gown 70 relieve Calder but was not
70 relieve him Until Tie goth Of June, nor did ne
lcye him. Duifys orders were to let Calder finish up
his work and not TO relieve him until the LIST of July
aud he was SO ordered. II Duffy bad relieved Calder
sa the 27A Of June, 1t would have been his duty to
Nave paid OF the ON the LIST of July.
asked the witness this question :--"COuld Duffy
have committed tAhi forgery" lie answers 1T is
impossible because be had nothing to do with any pay
ncnts until the 1t os July andwhen went there on
the 9TH of July he lad not paid single man, and it
ras0ny the evening before when he went to his trunk
10 get the money TO pay his men, that he discovered
BIC was robbed; know that because paid his men
myself When cent him down to relieve Calder,
gave him Is to pay his stage fare which was ten
pence, and TO meet any other expenses; sen him
more money az al, but when | went down paid
the mea, and gave Duffy Go more.
August, 1868.
James Leonsrd, Captain OF Second ward police In
The city Of New York Being sworn, said, that he
him on board the vessel from Glasgow; as we ap.
preached the vcsesl Taylor identified Calder lean
ing over the side OF the vessel; getting board
VIC could not find him Tor half an hour; tue steamer
Cook of tho pas-eIgesa, but remained on board the
vessel, and searched her agaia and finally found him
In the forecastle, unaer or the lower berths and
brhnd two or three OF the sailors trunks, 20 placed
10 hide him; he gave reason for hiding, tina
British authorities could arrcst him for dese0n but
"A soon as he put his foot on shore he supposed he
would he free man; he said he raw Taylor, and
concealed himself TO prevent being arrested, and he
had also changed bs apparel for the same purpose.
Subscribed and sworn before me, the 2sd August.
After hearing this evidence, his Honor Judge Ed
nonds, delivered the following
OPINION.
u the President Of the United States
|, John w. Edlnonds, presiding Justice Of the Su-
pIeme Court of the State Of New York, certify aud
report, that pur -uant 10 the annexed mandate
andcr tho seal OF the United States and bearing
date 90 the l2ta day Of August, 1858. appli-
cation having been made to me, therefor, by
Charles Edwards, Esq, OF counsel, and for and in
behalf OF her Britannia hajesty's Envoy Extraordi
nary aud Minister Penipotentiary, and pursuant to
the act OF Congress entitled act for giving effect
20 certain treaty stpuiaons between this and foreign
governments, for the apprehension and delivering
mp OF certain offenders approved August IL, 1913,
] issued my. warrant for the apprehension Of the
above Damed William Calder, charged before me
with having comDisSed the CRIME OF forgery within
she jurisdiction of the kingdom OF Great Britain aud
having sought asylum within the territories Of the
United States, TO wit, in The city and State OF New
York.
And do further repost, that on the Goth day OF
August William CALDER mas brought before rue on
fuch warrant, and it MAS then and there distinctly
stated TO him what the charges were which
being stated in his presence that it Was only
On the ground Of the forgery charged that his ex
tradition was demanded, whereupon be denied him
seif to be guilty Of the said charges any Of them
and being then and there told by me that he might
appear by counsel before me. If he 80 desired and
deiend hyrself l adjourned the further hearing Of
The said matter to further day, and so, by divers
adjournments until this day the twenty third day of
August And | do further certify aud report that,
On this The said twensythird day Of August the said
william Calder was again brought before ne, the
above named Charles Edwards appearing in behalf
81 the British government. and then aud there, ia
The presence OF the several parties proceeded to
hear and consider the evidence of the crminaty Of
fhe sad William Calder % TO the said charge OF
forgery, which evidence consisted OF tho petition
Of Thomas Todcrch, prccurator fiscal Of the court
for the pubic interest unto the honorable the Sheriff
uf the county OF Huddngton and his substitute aud
the dispositions OF james s. Taylor, OF Dennis
McLeugilan, of james Campble and OF James Duffy,
taken before John LsTIne, sheriff substitute Of the
sbere.o annexed which sad pay lists, vouchers and
depositic rs, are hereto annexed and marked by and
certified under my signature and consisted also of
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