New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1854-07-31
THE EXTRADITTON CASE UNDER THE
ASHBURTON TREATY.

Ref,re Commissioner G. L. Woodbury. -
The examination OF A. " frlcharl anu InoI i q go
two de.erters from the 10th Regiment of Br-h Infantry
now stationed at Halifax and Cape Breton MOVE oc1ta
wac held Yesterday ia the Ofhce OF 'he Ohleu 90 d.
shall Both of the prisoners are young ng"i II pader
aupeared for the British Government ana J II p'ae!
and = Treanor appeared counsel for the prisoners,
MI Bradley askel a postponement for one week. Mr;
Park oupOsod the application. The Comm 'soner cAiea
Or T Ie compnt (. signed by VIM Elliot acting British
Consul andharges the prisoners with robbery on the 5th
of July, 1854, by breaking into the military cesl 81 ae
10th Regiment OF nantry at Sydney, and taxing there
from sloJ Mexican coin t1s IL sterling, II gold the
property Of Her Majesty, the Queen; also CD British
soveregns and half sOyeregEs, the properly OF George
ID. 1hwiDg. ., , -
Nj Bradley moved that the prso be discharged, on
the Ground that the oense alleged not set forth IN the
treaty The oenses for which the treaty provides are
nurGer assault with intent 10 Kill, piracy arson roo
berry forgery He considered that The onense III the
complaint ii proved would amount only to larceny
MI Treanor followed on the same side. lie urged iran
according 10 the laws Of Massachusetts, the oense set
forth war larceny only and would not justify comiitsi
for robbery had the oense been committed IN this state
The Commissioner again expressed his wish 10 near 'e
Mr. Park read the affidavit of Geo. d. Thwing Of
Sydney Cape Breton " s., in which The oense wa SCI
forth and alleging that there was gOod cause 10 susPeSt
The ofens4s were committed by the prisoners, ana that
thew also deserted from the 10th Regiment on the nsh' OF
the 9th morning OF the 18Th INST: 80 80, p -.
NJ Park then called Lieut. Bland OF the 'Oth hegimeh,
who identified the prisoners having belonged to Inc ot
REGIMENT about twelve months ago. as he there saw them
Z N Il detaciln cnt from sydney, ~ D, III iltilI4A
The witness was cross-e1amined by Mr. bradley anu Oy
Mr. Treanor. but nothing material was elected
John Easton Color Sergeant OF 10th Regiment brl'lsh
Inantr was called and his testimony confirmed that OF
the last witness the prisoners belonging to the 'oth
Eeoinent but neither this the former witness knew
ANYTHING Of the alleged robbery.
Luther A. Ham, Deputy Chief of Police, testified 70 the
arrest of the prisoners the day previous at Clarke hotel
PofaBd-st. and the money found upon them, when he
described; he charged them with robbery and they re-
pled I'VE robbers It's true we are deserter Dut
1--WE were forced TO desert by the tyranny practced to-
"ward W. but we are not robbers the money found
uuon them they claimed their own and sad they had
saved it, on coming with his prisoners through the street
they saw Lieut. Bland, and said he was great tyrani
The Deputy Chief also found them socks marked with
the mark Of the regiment.
Lieut. Bland was recalled and he testified to the socks
He said they were pped by the regnental C0lamSSa-
J,a and were the prisoners own property.
After consultation of counsel the case was postponed
tin Tues Jay morning next, at 10 o'clock.
An gpplcation was made to admit the prisoners 10 ball.
t for the present the Commissioner decided not to DO So
as he had doubts his power in the matter Lately
there has been SO much descon from the English army
that at Kingston Canada deserer, on being captured
Wgs shots and these have added robbery TO desr
ton their lives might be in danger should they be
sent back. The case will undoubtedly occupy long
fine for the Commissioner should be disposed to deliver
them up the case will he sent before the United states
Courts Boston Chronicle, 29th.