Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1864-12-16
'DAILY LEADER.
FEE RELEABE OF TIE ST. Adams
@ sRAIBERS.
Decision of the Judge in Releasing
them.


them.
The case of the St. Albans raiders wa
re-opened on Tuesday, December 18th, il
Montreal, the courtroom being crowded
Nh. Kerr, in behalf of the prisoners, de
livereda lengthy argument to show thai
the court had no Jurisdiction in the case
After this the court took recess, re s.
sembling at three in the afternoon.
Mr.. Justice Courssl, on taking the
bench, said the matter in question was
most important since his authority had
been denied. BE had given the argument
on both sides his most serious cOnsidera-
tion, and had come to the conclusion that
the case came under the Imperial Act,
and that be was bound to obey the Impe-
rial authority. In q NATIONAL question,
! like the one under consideration, the I'm
periRl Act was absolutely supreme,
I and must be his guide. Our own provin-
/ ciRl act TO carry into effect the Ashburton
] Treaty had not r. ceived the special royal
sanction requisite. The case was q most
exceptional one, and being treaty mat
ter between the two nations, he could do
no other than allow our own act to give
way before that Of the Imperial Legisls-
ture. The revised imperial act must rule
herein and that act required that the
warrant under which the prisoners were
arrested should be signed by the Cover
nor. General. If the court could have
reserved the point Tor 8 higher tribunal,
1t would gladly have done So But since
the liberty of the subject was involved,
there admitted no delay: and since he had
not had the warrant Of the Government
he had come to the conclusion that the
court possessed no jurisdiction in the case,
and he must order the immediate release
of the prisoners.
This announcement was received with
spplause By number Of persons present
but the Demonstration was instantly
checked.
Mr.. Derlin then arose, and in most
impsssioned speech implOred his honor
not to order the discharge Of the prisoners
upon the remaining indictments, but In
fairness and justice both to the counsel for
the United States and for those of the pri-
vSte prosecutors, the banks, to allow of a
hearing. He contended that the prisoners
could be discharged only on this one par
:icular indictment, and the Court owed it
20 the counsel 20 be heard on the others
Should it be said in an English Court of
justice that the Judge having decided in
favor Of the prisoners in one case, he i'm
medistely discharged them in six others
What would be said outsider The counsel
for the defense themselves know that the
course which the Court had taken was un-
precedented. Had not his honor issued
six warrants, and yet he h ad but one war
rant before him. He called solemnly on
the Court TO hesitate. He (Mr. Derlin)
could not remain silent whilst thirteen
men, charged with robbery, and even
murder, were allowed to 60 at liberty
without their several cases being investi-
gated. Our good name for justice and fair
play was at stake, and though some among
US might be sympathizers with the pris-
oners, hs had yet to learn that they set at
nought the jewel fs;r-play. He again
called upon the Court to hesitate before
dischsrging these men, and give the
counsel for the prosecution 8 chance
Of being heard; for here the mot
important interests of all were
at stake, viz: international oues. He
again implorsd the Court not to order this
wholesale delivery. He would put it to
the Court, was it treating the counsel for
the defence with fairness2 If the court
should persist in doing this, then we must
be prepared to take the consequences. No
country had dealt fairer with England in
sxtradition matters than the United States. |
Their judges combined to give effect to the |
treaty. The judges of the Su-
preme Court had concurrent jurisdiction |
with his Honor, and had theeounsel known |
Of the probable course of his Honor, thew
WOIId nHVe uesIreu Tne court 70 allow
these judges to have q seat on the |
Bench along with him. Mr.. Derlin again,
for the last time, besought his Honor to hes
tate before he finally ordered the liberia
lion of the prisoners.
Mr.. johnson 70. C.) arose and said that
both those who represented the United
States and these who represented the
private interests in this affair, had upon
Them O grave responsibility. But be
Mr.. Derlin WAS mistaken In the view which 1
be took Of the Judgement of the Court
when he supposed that it meant
that the prisoners had been dis
charged on the one charge which had been
investigated. "a
The Court here said that Mr.. Derlin |
had undertood the Judgement right. The
prisoners we're discharged in every case be-
fore him.
Niessrs. Kerr, Abbott sud Lsfamme,
counsel for the prisoners, objected to any
calling in question OF the u dgment.
Mr. Rosa, counsel for the United States,
wished 70 Ipesk. He said he did not in
tend to call his Honor's Judgment Just de-
liyered in question. lr. .-
The court declined to boar further, say
ing that If he had no right TO arrest these
men On one charge, ss he held that he had
not, then neither had he right to detain
them on sny others. These men had been
arrested Cn nsgistratss' wsrrsnts, upon his
own, and then on motion of the police;
and now, when his honor's own jurisdiction |
was called into question because his war
rants were null and void, he saw that he
had been mistaken, and it was the duty Of
every British Judge, on finding that, to
rectlfy his errors. Tho court therefore OF
dered that the prisoners be Immediately
discharged, and WAS prepared TO incur the
responsibility of its own act.
Applause again broke forth in the court,
but it was again instantly checked.
In few moments the prisoners walked
through the courtroom, and were congrat-
ulated by few of their acquaintance, and
when they emerged from the building
few voices were raised in something meant
10 be cheer. They then separated, look
ing pleased at their enlargement, and the
crowd at once separated. Hf rTr