New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-02-21
ANDERSON DISCHARGED.
FROM The Toronto Globe, FEB. ~.

Baut Tie retJln # that officer shows that the phi
ouer committed ard is detineo intllsivey Tor the
following ctuses: First ulon warrant AZ iollows'
the Constable. Peace Officers o tho County Of Brsnt and
Keeper tie JAIN of BIanod Ia The said C-
John Anderson hi. day charged before u.s.
two OF nsces OF the Peace for the uid County Of
Brt on oath Of iam Dsker Of Howard County Mis
Oui ard oi for es h. The 'ad Jeha AseI,cn did n
ienL-f 1859 Niuy, maciou,y AID eoniOu'ly STAB and ki
senses p bgs Of h%%s6 sS 2s the said ,op.s
sSce ee Of you to take tue sad John A5deIson
and safely convey him 10 the common jail at braniioLd H"e
laid there deliver Linn TO the keeper 'heeo together WIN
'hi. !re,e command w, the aid .eeper Of the said
common jail to receive the Jon Ddofson into your
cu,los "a III. s and there ssey Keep M" uu lie
Given Under hsnd sea. @ 2h day Gf scspsSeT;
in the year Lord 1860 a b'sStfoid III the county Oh
b''H'' Aforesaid Nv MATHEWS, JP.
"HENRY YARDING TON J. r.
JAMES LAN0HLEY, j. p"
Second Upon n rule Of the Court Of Queens Bench
Of Upper Canada in the words following:
"Tn the Queen, Bench Upper Cenod COVny Of BrantMeh
Cou, IN The custody Of Sheriff Of the .sid county Of Bsn
us Of VII Of Se1, / O' SsSn rssd Ss the the
.everg ufoIm.ps nron cath Of inn G. takn InoIsi ~
Ds be- IN IsaehuIsl - a. Man fr"r
orsii I',ced TO " len Ne tLs~s e.q onr a. her MsJ.
Ic in, counsel for both drs i.-oydsd that The said John
A. ferson b- Ieconnd To the custody o. the Keeper 81 the
Jail the said County Of braHt upon NE "sant ny HLh e
h,h he, by i'm declined to eian 10 ne common ~ Of we
Of bent. Until wsriem ibsu Etu' from he proper
surhores Of the Uii,ed states OF America or OF me s
N.o io the OF she 'Sd john Anderson to bo rifd
IN that State for the murder - ore eca - ss'L accord
g between her M.j..t, and tho Uld States q
Az ei;a T-ccd IN the saiuies Of CsusGa passed m he "a
cha scd .w.By the Court dated I'd Dec lCo
The inorinatous depoiicns, proceedings, and evil
den,e taken against tie prisoner were also returned
upon u wii OF CeftOTail.
Inc following objections were taken 70 the warrant
| of conn iimeBt: go
That it was not issued in conformity with tie
statute, because,
Ety,t; L. did not contiin a charge Of murder, bnt
merely of f,lnious hOaicce; wheeas, the treaty ana
our statute GOct not au bOn1e surrender, aud con-
eeuueutly, not commiGal for Il e PurPte Il snrren'
! Ger IL r ally h. nj i'd moi expressed 10 be murder
Src0ad : That i, was not expressed 10 be lor NE
mrro,e II srrelG,r but OIL until the prison er should
| be ii charged by due oourto Of Law" whereas, the
| eIaiuIe ieqnires both.
| mad; That ihe magistrates bad 70 JurlrGi non
urles and until tie jns Oa,r bad been charged VIII
tie cfme in the 0r,i.n country where II was alleged
| 10 have been committed.
IL WAS objected 10 the rule Of the Court OF Queens
Bruch th - none eft our tribunals, Judge or iEhti--
! mates had uny rhernt Original jufi..icupn over
li. e. conn tilted foreign country. lhat me tiIy
.ttLoiy in sa,h ca'es 10 d-ii'ed from tie tta Gie
raised Tor cauling tie uta'y min eject hIu Dy ih"t
faiue Trough cover II i,en 10 Jadees AID Jusll'es
"a ia. legce: II il .iV'n Tor certain specified purposes,
and be C.uJt oi' which th. judges may bo M Inberr,
ne not empowered 10 90 any ole Il Tie pcIs ~ csc /
| uaie l. Treaty.
Inc tiliute make dvsitOu Of the Ju0su a. JIhllee
- to- Peace uron tho sun irucy Of tie evidences TO
require or Justly tie ,omuttai al the EdzOn,r con-
lusiSe Tar AZ II cannot be revived by any ether
Jude or Court, tlongh Lot ntcersaIlt Son,urNe on
W.. Go,e NJ crt wLo,e duty will Till be 10 oeude
arou review OF Ill the circumstances whittier tLey
viii Vfei der the gils ner.
nsto lie rnatterr appearing on tie retnm to the
| ceHioIGT the objections may lie cla'ecd under TWO
| gvi Ir'i heade: 80.
FJsts TIE nsuiioiency Of the evidence TO establish
| a Gaze II murJer
S,eoad. 1b.t enough appears to show that, accord
ng to the LAVE OF tie Province tie prisoner had not
| committed nEfdor.
iron The lace OF The warrant and of the rule Of The
Court Of Queens Bench, IL additionally appears that
Here il ur, III iOn In the Province 10 ny tie pris
oler on the charge saied But for The treaty and our
statute the prO,,e Jugs both oelorc AID snce tie COM
ul mtht by tic mai is6t would he cDT0m non JHdo,
aid u,o The la o0pGs the prisoner would DC enti-
| Nop,wer or authority therefore, arises ia such a
cGe OF can be iuI lied, fnm jurisdiction over crimes
committed pgautt oar own lave, whatever hight any
Cont Judge other m gs'tae has 10 deal with The
cafe Le given by tie statui does not eAist 0her'
wfc. - 900
Tie frs, section Of an act passed in May, 1919,
sodaDd statutes o CRnada, chapter 81 reads mus;
pom o1u aut inside under oath Affirmation, ch'rsdg
suy E within The iui, Of the Porhce With ha'tB
c.i thin the Juf -iiiub 4 tie United sta'es Auer'
La aby said STAGE. Of the crimes enumeFasd orpo'
ty tie said u'a any OF the Judges VI soy OF Her Msas
~. ju,,i' Of the Pse in the s,ls nay
tie apprehension Of toe person. 80 charged ihs' be msy ne
br t.oe such Juds" OF such Jn'ir OF tue esee TO tue
end lat the s,ideer o. eImissy may ee bead ana eGsi
80 aisleh hesug the evidence De dtm.a su'hst y
n h- a, had been conniued hsrtn he sa eey
the sane together h copy Of s the Testimony taken before
im L. the Governor that may .ne upon Tequisi
by the authorities # The SAID ubhed tars io We
w and tie sad Judge or Jusce Peace sh, iau- hi,
for ID" conrni bt Of the person 80 ehsed to ,1
oBrf s there remain till such surrender be made or uh
| such Ueson te discharged according TO the law
Il is ,lan from this acc ION that the proceedings for
the arrest sf IaIty with view to lls SURRENDER,
nav be commenced in III Province, and the party
10 charged, l. c. upon compl INT made before any
Judre or Justice of the peate, may be committed 10
remain in piisVn until such surrender be made.
Tie thid objection 10 tho warrant appears, there
fore, to want foundation. -
Tie crimes specified in the treaty are murder, ri-
racy ron forgery, the ulterance OF forged paper.
There il no jurisdiction 10 take conf lnt 10 iseuo
a warrant OF apprehension, to hear and consider the
evidence Of eriminaly or TO commit, except for one
Of there otlepses.
Tn, warrant Of commitment states that the prisoner
il charged, for tina, he did wilfuy, malicouslys and
f.loniously stab and Kill one Senaca L. i. Digs.
| Does this charge an oii.nse within sue act
lis would Ue an insufficient statement In an hdic-
ment tor murder ia any OF Court, becaue IT Ia
eoplly indi peueable to ute tic artificial term "mur-
der" Us il is TO slate that the Otese was committed
with malice aforethought;" 80 much 70 that by the
onis ion either the other the accused would
be inbe 10 more than conviction Tor maith'ngh,
ter. But Tor the word "kill, this warrant would
rather charge malicious sabbDg than any other lei
ony while tie word Kill exc ades tue possibility
treating the warrant as prosided on charge oil at
sault with intent ~ murder. IL Ii true that III the same
warrant the sane particularly Is not sie IA III an
indictment, and il Is said in effect Il Hale, lZ2 heed
only contan the ecul nature oi tie felony briefly, IA
for felony for the d,nth vi j. 81, and no reason 49,
tbat il ay appear 10 the Judges OF the kiogs Bench
npon h,beas corpus whether Il be Tor felony OF not.
Bat this rule and the reason ior il do lot, i'll my humble
"A Ike the where tile