The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-08-14
shc Case Of the English Deserters AZ Bcst,D,
DISCHARGE OF THE PRISONERS By TIE COMMITS
sIoSER-rnEIa ARREST FOR LARCENY

DISCHARGE OF THE PRISONERS By THE CoxMry
sIosER-rnEIs ARREST FOR LARGELY.
IRON the Boston Traveller, Aug III
Before United States Commissioner G. L. Wood.
ers, Prichard and Carey, charged with robbiRg the
military chest at Sydney. Cape Breton Of about
500 In Mexican dollars and gold, came up. Geo. d.
~! Iw'mmng, BRITISH Commlssary, from whose custody
l65 Mexican dollars, Els in sovereigns and half
sovereigns, also $50 in soyereigns and half sove-
reigIs Of his private property II was deposited In
an iron che St: He recognized the two persons az
attached to the 10th Regiment. They were missing
on the 18th July.
Sergeant Torrey testified to the identity Of the
prisoners as formerly attached to the 10th Regiment
at Sydney, c. B.. that Carey was on guard At the
door of the house where the treasure was DEPOSITED
on the night OF the 18th, from to 10 p. NJ; he
would have been on guard again at A. n. on the
q the but he va nat then e
A. Per month"; there was no other entrance to the
chest except through the guarded door, the rear
windows being barricaded; three other soldiers on
guard at that door during the night; the witness
both Of the prisoners on the night Of the 18th,
before 10 o'clock, but not afterwards.
On the cross-examination, the witness was asked
IT, when the regiment stationed 1t various places
on the Mediterranean, the accused had not the cp-
p0rtunty to earn money, other than their pay. The
witness repliet that they had such opportunity but
to his knowledge they had not awaited themselves Of
it to any great extent. At Sydney, Pritchard acted
as servant to Mr.. rwinng, for which he received
ten shilings per month. This closed the testimony
for the English government.
Mr. Trean0r, for the prisoners, said that be should
argue that case had not been made out sufficient
for the Commissioner to certify to the Executive that
the prisoners should be given up various grounds
First he held the fence which they have attempted
to prove is larceny and not robbery. He quoted
nous authorities to sbo that robbery is taking from
the person. in his presence by violence or putting
him III bodily fear, which the evidence did not sus-
tain, and therefore they could not be remanded, IS
Il ~.~A 49, ID fA~ AZ
larceny In the second place, the case has not been
properly presented by the British government. Ac-
cordiDg to the treaty, they should have made an
davit before q magistrate there, who then should
have issued his warrant and this warrant, with
evidence Of the authority of the magistrate should
have been produced here, which had not been done,
the proce ediDgs being founded upon an affidavit
with the certificate Of the commanding officer OF
Sydney, that the person before whom the affidavit
was taken was a mag sJate. In support OF this po-
| sition he quoted the case Of Kane OF New York,
| who was demanded by the British government as .
! murderer, and where the commissioner held that
the original warrant must be produced.
| Another point raised was, that the British Vice
Consul was not the proper person to make the de-
should have been placed in the bands Of legal Of
fcer to proceed to this county and lay the matter
before the executive. He held that these men
might, during their six or seven years service, have
quoted the case Of Mr.. Cobbett who, during his
service as soldier accumulated sufficient to quail
/ ~ himself as member Of Parliament. In conclu-
sion, he said that these men were not claimed as
robbers, but deserers, the penalty for which may
be DEATH
Mr.. j. H. Bradley followed, enforcing the position
that the proceedings wee illegal, and the prisoaer
entitled to their discharge.
Mr.. John G. Park, for the British governments,
recapitulated the facts of the case. He said that II
was proved that the crime charged had been com
mitted with false keys, which Ia burglary in the
eyes of the law. Prichard is servant Of the Com
missary, and had access to the keys. In the morn
ing he Is gone and also Carey, who was the guard.
/ It was also shown that Prichard attempted the:
night to obtain four shings saying that he had not
cent, and that Carey was poor and In debt. The
next morning, at daylight, they were seon dressea
farmers applying TO the captain = 3, vessel 1os
passage to this @ =! ;s snd
lie was followed by VIM. End, Esq, also for the
English government, who argued at length that
treaties between two great governments should be
construed in a liberal spirit. Both Mr.. Park and
Mr.. End took the position that the word robbery
in the treaty meant not the technical interpretar
ton, but the more broad and general idea Of what
constitutes that offence.
The Commissioner in announcing his decision,
said that he was Of opinion that the case waspro-
perly before him, the President and Secretary Of
State having no jurisdiction in the matter until it
was reported to them by the Commissioner, tina. q
case had been made out. 1t was the duty Of this
government In carrying out this treaty to strictly
vestgate each case, that all who stand under the
sg Of the United States shall be protected in their
rights and privileges, and also to ascertain that
der the clock Of other charges , person guilty
merely Of political offences or love Of liberty shall
not be sent back for punishment. 1t was also the
duty Of the United States to see that all who
h guilty of crime Of the nature described in tho
treaty should be given up 1t has been urged for the
defence that the judicial procee iings at Sydney
were not In accordance with the requrementso Of the
treaty That point he should not consider, for the
reason that his opinion upon another point made it
unnecessary. He then stated that the evidence
was sufficient to convince him that the accused were
| probably guilty, and 1t next remained for him
to consider whether tie crime which they have
committed comes under our treaty stipulatons with
Great Britain. 1t Is rule OF law that the explana
tion Of word is what it technically means, and
such IL the decision OF the United States Supreme
Court. The word robbery, therefore in the AshbCr-
ton treaty, is to be taken In its technical sense.
According to the common law Of England from
which we all derive our laws, and which has been
defined as the taking Of property by violence, put
ting the person from whom It Is taken in bodily
fear, and he was bound by that construction. In
the present case the act was not done by violence,
menace or intimidation; !, was clandestine, the act
of thief, and not of robber. The proof does not
| come up to the requirements Of the treaty and how
ever painful It may be to set at liberty men coming
here with such guilt, he must discharge them.
The announcement was received with applause,
which was Immediately checked.
i The men were at once taken into custody by the
such charge having been made 10 the police court
by Mr.. Elliot, British Vice Consul: On this charge
they will, II convicted, be punished by mprison-
| ment here, but cannot be cent back
AN OLD MANA short time since we chronicled
the death Of negro who had rea he'd the venera-
blessge Of 100 years. It may not be known 70 many
Of our readers, that there Is now living near this
city In the enjoyment Of good health and the frugal
century old. His name il BENZ amin Norris, and he
Is residing on the Charles Nora farm, where he has
life Lease and where, by the aid Of few friends.
| but comfortable subsisten ,e. His life has been
quite eventfnl. He was born at SnowhiI, in vir-