The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-07-18

Hni''sans Troops for Enc cstns. IN Car
DscrsJos or TEE g q. OBSERVATION-DISCLOSURES
tossuL Held TO BAIL IN ts.CO0-xEAAKKs or
\ Mr.. HowhCboEr.
! Prom the Cincinnati Enquirer. JAY ISL
| Az saven o'o'oes yesterday morning the hall was
crowded ~ deeply attentive audleres q hear the cec
s,os Of the Commissioner, whish W present 10 full
1his esss has occupied the time Of the Curt ,eyer.,
days In Is trial! but rot longer perhaps chan tbs fscts
and tie latter account well on scoaant 81 az.
LOYALTY OF ,hs case ere absence THOSE
cation Of almost every .nat "a troash, ts,ers ~
cial IT bunsl, have fit little concern TIE f.r,
that uo<s OK she legal qussth raised ,hs progress
Of the were prssnt@o argued generally u,hoat
special refsrenoe TO the sutnotitcs alas 1upp,
;Ss t rs, s.. made y as., more % Per,
would ctbsrWiie have Am th Il being
but p,s,iI mary .ss.a'ns.os e ncs ssa.s.iy sr
yosns OF the case FOG tbs TIM. being aha sxp.od mach
time o. fnt.r INTO o,tho.e nice agumsat in tbs 9s
poe. lou Of matter which ne sHcset from those hshsr
tribunals to which suos cases whea removed, ge
but hofe, however, tpat there tee, nons who
expect 90 exsm'nng court TO act a. mere machine de-
void Of consceuos aud regardless Of iAw aud justice
spPesrs 10 mo uLneeesssry that an examining court
should, in g,v its conclusions IL case. 80 mnu,s
INTO the Ing in supper. Of thcse concasoa-, and Il
would not be very much out Of che usual custom to
pIspoeDos the final order By holding the p.rty to al
sv,r, or disc s.rgips him a. tls csse may 10 bat
cut o! rtspeot for tas harmed genemen sho hAvs
ably s,;aea Sh &c case, ard RsrSss With Rrop.. de-
ciaded ~ tr'sGy as can, tsxivs tas reasons fot
ter,sr ing the opinions .hai advance Of the
main questions argued In this Gaze II ut derstsnd
my duty In oass like the present II IL - ascertain
whether, from the testimony sddaoei On toe trial.
By the irquest Of Crane Jury IN the Crcas Court.
the charge Of hiring retaining persons. within tue
ed entered in the ser,,ce Of ths Qae OF the United
Kingdoms Of Great Britain and ireland ~ soldiers.
THIS Is what am ultimately 90 dstsrmine, bat bsfore
arriving point am required 10 30 ns d
those questions raised by counsel This prosecution
, i b % % =:
vol 0, p. 4ss 1t reats thus;
Tn. az E.s.os .h.l within ,h. territory or jsr.dis
ySn sf Ua'a sa: q &. sq.r sS
teri 20 be enlisted or cntorsd In tho service Of foen
Sssra IN. n'r s...s %s, i..;
suhy Of hish and shall BE- ansd xs
The provito that the act shalt extend TO "any
subeet or citizen o. any foreign prince &c who shall
arrival within the uni,sa s..i4s wa. atssa GU, and
tain &c, another snbec, Of the sam. foreign pr nj
pie who Ia transientiy within the United States We road
that this act considered decl.nory Of tho pro-
existing Law Of nations, and intended to aid Es
ecutve In the epforcsm.nt Of that Law That the Do
10 TIE quar.is q o,htr nations to ths sjary Of our
neuti. policy and neither TO aid nor hinder either OF
Counsellor for o.tncs ci.!mMi That Mr. Ro '
croft by virtue Of hts cicial character Of Consul
| ia exempt fron arrest In his own hou~. This
point has bean ipgerioueiy argued aud II has heea
claimed that by virtue OF the third article OF the Con
sulsr convention between the United France
and dwellings, are inviolIs The article reads Ths
consular Offices snd dwellings shall be invioi,bs The
local authorities sha not invade them under any pre-
txt" &c. Some discussion TO the meaning Of the
words local authorities" has been had, and several
which, were 10 attempt to dsposs Of would occupy
time than expected 20 devote 10 tbs deposition
attempt to me- ct ire various matters Of seeming impor
tshce discussed IN this trial. specially as tains can
most Of Tie points raised but What Il 10 ss done With
the hrtt claim Of cefendants coatsei usi msntosedY
dnton Of the prviIsi 90, characters, a. Ok Ambsssa
doris and Consuls iead from volums !, PAGE 49,
i,' ' i,s% l ss ss'
.sss.s are privilege rom arrs., under anr eiTeam-
s so,. sn,v but ,h s p.s'ss app. 70 A%s.
the following relating to oonsuis. tiisrs1the Com.
missioner read the extract referred ,ol Wa here
the commercial interests Of the nation De putting him:
that be can b. punished By The la.. Of ths country 10
as TO 10 entitled 70 the privileges spperanng that
character nor Is h. unesr tho special protection Of the
sv Daton, hs esea not enjoy tho protection Of those
laws nofe than other ~ho enter this
try on safe conduct and that in criminal .ssss lac Is
subject 20 the law. Of tho country In which he sssA
Tbis bsrg the law TIE proposition Of defsndsnts
SCI that ctfsncsnt cannot be arrested In his hoaa.
cnepIaa can arrested IN k. own a~.ax FOR CT me-
(snd Ne bpow " lawful W do so), the dscndsut al
fence b snssted in his dwelling think ths other
points connected with this branch Of the fully
Vii i s I'm. 5, s from h:1S
enee to this part o. the eAse The second claim Of the
various sG.scss the dssndsn. does not isov from Il:
warrant Tor What crime hs 10 called 10 answer. In
in . Sssss o. fns e..e h.y: found great.
last question. DO not ind Anything In reports With
rsfsrsues 70 the form Of warrant and very te 70
it, snect but by referring 10 Chitty's Crimnsl Is~
gather the following
When party .u,pse.d .. i.rs.. b. may. t.sers
% he: s: is's' ss s' : ..
bic Or o.sr Sa..r q .e o. under vsrran. irsu,siby
A. :, .I z: T. s,iT,.. cas-: y. s
"s.s o. :s:s.s:s ' s!is. " '''h''' = '''"''
M ~, .ns ss .E gs-s' . ''
a. g, mon .s ., place affords protection 70 offenders
where ne @.li...,si: 10, grs.sa. vssn erin. -:
the party sssu,ea % Ir,en but On due esnsdsrssa Of
whsr.,.t ease viii sdmi,. rtea,s, Obtain
ne .s,hsri,y m,si.,r.,s I,ss srs...r .seurty,a
dars d sneordIDs not sre.,, rrsf..b. 70 '.v.
msIieiousiy.
Goes mot seem be Absolutely necessary 70 =, on,
the charge or offence or evidence In warrnn % hpprs
lend, though IL Il ntc.ssry In this commitment and u
has been obsered thai cases may occur In which u
would be mrrucsnt 10 let even the peace of1cr knox
the Inc Of which the party to BE- arrested 10 secus~
II for ueH,on felony, othe enormous Offences II
In rot necstry to state H. and that 20 be rather
osersonary than rcessAry 70 81 II forth any
ltfs however laid Gown b. Iord Hale that regularly
70 osuas Fsc AA1 siOGl1
not be generally to such matters shall BE- Oh.
iectsd sssnJt him bcsaTs e.nrot appear vhsthsr ~
be within the Jurisdiction OF The Justice. ne theF II
appssI vhsthsr he pr,y b. baissis or o,hsr~is. i
obstrTed, hose vtr that such ssrrsat committing the
cause IL valid and that Justice u ,hs Peace mlks his
~sirant 10 sprfehsnd Esrton susptsted By upon
. complaint MADE 10 him. bot tina. Al oonm5n lava
warrant cannot be issGsd 70 atpr.tend 'al' Jertons
suspected net naming them. tyon the vhois II seems
sdvissbs In gspsra concissT TO ssscbe tbs sapp,.sf
esenoe II sems however, TO sufieo 70 .,sts IN, par
rular sreeies Of without showing the Tsris uixr
facts of tbs crime - In warrant for felony not
necessary 10 set out the particular g3ods siulsn.
When The psbonrr IL beught ssf"s. ns Justice
/ he Ia stli considered 10 be the custody Of the
Officer untl lie either disehaIges ba1s5 ~ Commit,
ted pri.on The onicsr may keep tks vAan, for bis
o. lusG0ratop and only rsisrn 20 tho Justice What
he hss done In TurruaBee o. iss oonmsSts 81 the
opinion that the warrant 10 su1eiea; prorsfiy tss
cribs crime and ths, II 10 90. goot objection tia,
/, sets for.h ihsn crime. vnfansls Of the
nature of . summons Il brnss the party bsfors The