New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-02-23
The Court then adjourned for the term.
UNITED STATES COMMISSIONERS OFFICE-FEs. p
Before 6. W. Morrill,
TIE FLLIBUsTERs- MoTIos TO DISMISS THE COM

UNITED STATES COMMISSIONERS OFFICE-FEB. p
Before 6. w, MoRELL.
The FILLIBUsTERs-MoT TO DISMISS THE CON-
PLANT DENIED.
Tie United States joseph w Fabeps and Henry Bolton
Commissioner Morel after having had the m after
under consultation for week rendered an elaborate Fren
decision this morning denying the motion 10 dismiss the con-
b sn p.9rsy sw.he former By having enlisted other.
the second by snlstns himself to General walkers GRANGE
We have no psce give this opinion in M but present the
points decided, promising them with statement Of the
On the Of January last. II. defendants were arrested by
virtue Of two warrants Issued by C0mmi;'ioneI s'we upon
Of the sct Of Congress of 1919 known . the Neuiray
set I4s two up, o s is y az j.nss
s &c Alex. Lawrence and Jos w Fsbens did hire and
jur,dcton Of the United States wit Greytown with
lent be enlisted entered in the service OF one william
The AFFIDAVIT AGAINST Bolton made by Fuller Brown
jointly ItcoDtao sixteen "a. actiOa Pgme. and
selves 10 to Greytown &C. with intent to be enlisted OK
wit Nesssua The warrant contains the names aOd ea'Ise
IN the 'davit Butler pointed out Bolton :. one q me p,
board the Tennessee, VITO thereupon arrested him. 49,
The variant !. i,dorsed "Will'sm Miller Andrew Finn,.n
Fnnsan Sud Henry Bolton for examination q soth at 10
O'Clock Jan. g. 1857 Bolton ecommi!ted to ID February at
Section the act Of 1873 declares T. STAT AZ Large
United States enlist himself hire retain another
uridoon Of the United States with intent to enlisted
entered in the service Of any foreign prince state colony
district people soldier &c person so offending
shall be fined exceeding 1000 and imprisonment not
" exceeding three years" -
The points taken hy the defendants counsel That
the of the United States occupies an exceptional
recognized the authority OF the Law OF
rations that the oeue charged only violation OF
municipal law and That the statute is pens and must be
construed strictly thst to enlist &c. in The service OF one
VIM. Walker soldier does not come within 1t, aud that
therefore the defendants should be discharged.
Comr More regards these grounds untepsbc and quotes
the first point the charge Of Coef Justice Jay in Hen
s d Sy c4 ss e. oA il Sa il
1891 and 1878, 10 be simply declaratory.
point The Commissioner observes that Mica
srua sovereign State the power now in the hands
If William Walker Enisiing in his service soldier is
therefore onlisting the service Of foreign State.
WI. COZ tended in defense that the prisoners are pot
cal s religious mission aries engaged in spreading the OF
civil religious liberty and that there Is evidence in proof
convicns them Of breach Of the neutrality laws, however
construed
Comussorer Borell in examining this position, review. and
tDayze the evidence and TO the conclusion thst
ufcn unconrsdoted 20 hold the accused the tenefs
principle being public 10 entitled to the beneht oil ea
tble doubt preliminary eaamr alton aud bound 70
only reasonable while the law is the other way u
ury trial.
h therefore denies the defendants motion that the com
plant he ditmissed.
Thomas Francis Negher opened TIE for the defense "a
IN strain Of truly Irish eoquenoe the
wrong. Iesnd well those Of Nicaragua, graphically
PORTRAYED In his speech.