The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-07-30


From the Boston Chronicle, July 90
The examination of A. W. Prichart aud Thomas
Earey. two deserters from the 76tn regiment OF B-
sSeyry, now stationed &C Halifax ami Care
ova Scotia, was held yesterday, II the
20 the United States MsrshaL Both OF the
Us are young men. j. G. Park cared for
assdtish government; and j. II. Bradley aud b.
r. .eanor appeared as couas+l for the prisoners.
"a Bradley asked Q postD,nement for one week.
Mr.. Park opposed e application. Che Commis'
Fionet called for the testimony IN the case
complaint is signed by VIM. Elliott, acting
a Consul, and charges the prisoners With rob
|,-J IN the 18th Of July, 1904, by break ny into
he military chest of the 10th regiment Of infantry
ft Sydney. and taking the efrom $l65 Mexican cnn,
Els RS Sd sterling ia gold, the property of Her
Majesty the Queen; also 60 British sovereigns and
|lan sovereigns, the property Of Geo. D. Thwing.
Mr.. Bradley moved that the pri-onecs be dis
Charged, on the ground that the offence allege was
pot set forth In the treaty. The Offences for which
he treaty provides are, murder or assault with in
snt to kill pi acy arson, robbery, forgery &c He
Considered that the offence in the complaint, if
proved, would amount opiy 70 larceny.
MIR. Treanor followed on the Same side. He urged
hat according to the laws Of Massa; husets the Of
|tnce set forth was larceny only, aud would not
justify committal for robbie y had the offence been
committed in this State.
The Commissioner again expressed his wish to
pear the testimony In the Case.
MIR. Park read the affidavit OF Geo. D. Thwng, Of
fydney, Cape Breton. N. s., in which the offence
vas set forth, and alleging that there was "good
use TO suspect the Offences were com nitted by the
r. oner aud thst they sl-o deserted from the 76th
eiment on the night of the 18th or morning of the
9th inst.
Mr. Park then called Lieut. Bland Of the 10th Regi-
|fsnt, wb0i critic the prisone as having belonged
pthe 10th Regiment about twelve modtnsago, as h
pere saw them in detachment from sydney, MS
Halifax.
| The witness was cross-examined w Nc. Bradley,
nd BY MIR. Treanor, but nothing material wa
John Esston, color sergeant of 10th Regimen
ritlsh Infantry was CALI d, and bis testimony c9u
rmed the last witness as t, the pri soaers belong
8 to the 10th Regiment, bnt neither this or tn.
rmer witness knew anything Of the alleged rob
fry..,
Luther A. Ham deputy, chief 4 police, testified to
ee atresl o. the prisoners the day previous, at
lark's Ho ell, Portla' It eet and the money und
bon them, which lie described He charged them
tb robbery, and they replied, we are not robbers
Is rue we are deserters bit we were forced to de-
. lft by the tyranny practi ed wards u.s. but we
Re ere mt robber..'' The money found upon
hem they claimed az their own, and said they had
aved it.
On coming with his prisoners through the streets
ley saw Lieut.. BLAND, and said he was a great
rant The Del uty Chief also found on them socks
erked with the m Ark If the regiment.
Lieut. BlaJd was recalled, and he testified to the
cks. de said they were supplied bs the regimen
commssaIiat, and were the prisoners own pro-
After consultation of ounsel, the case was post
oned till Tuesday morning next, at 10 O'Clock.
An application was made to admit the prisoners
bail, but for the present tne Commissioner decided
to do go, as he had d0ub.s as to his power In
matter. Lately there had been so much deser-
n nom the English army, that at Kingston, Cana
Q deserter, on being captured, was shot, and as
,se men have added robbery I, desertion, their
Ies might be in some danger should they be sent
<. The case will undoubtedly occupy long
be, for If the Commissioner should be disposed to
liver them up, the case will be sent before the
lted States Courts.