Evening star., 1864-12-15

ly have done DO, but lsinoe the liberty Of no
subject was involved there admitted OF the
delay, and since he had not had the warrant OF
the Governor General, he had come to the con-
cIusIon that the court possessed no jurisdiction
In the case, and he must order the Imr1eaiats
release Of the prisoners
The announcement was received with an.
pisuse by a number Of persons present hut
the demonstration was instantly checked.
Mr.. Devlin then rose, and in most impes-
stoned speech Implored his Honor not to order
the discharge Of the prisoners upon the re.
naming indictments, but in fairness and JUS
tice to the counsel for the United States, aud
for tnoseof the private prosecutors, the bsnhs,
TO allow of a hearing. He contended that the
prisoners could be discharged only on this one
particular indictment and the court owed 1t
70 the counsel to be heard on the others. Should
II be said IN an English court Of justice that the
Judge having decided In favor Of the prisoners
IN one case, he Immediately discharged them in
SIX others, what would be said outsider THe
counsel for the defense themselves knew that
the course which the court had taken was nm
precedented. Had not his l. onor issued six
warrants and yet he had but one warrant be-
hs,tat nm' lie called solemnly on the court TO
hesnae; he (Mr. Devlin) could not remain
silent whist thirteen men charged with rob-
oery, ano even with murder, were allowed to
al noery "itnoat their several cases being in
Nesteaeu Our good name for Justice and fair
play was at stake, and though some smonesa
us might be sympathIzers with the prisoners
he had yet TO learn that they set at nausht the
jewel, talr play. He again called upon the
court to hesitate before discharging these men,
and give the counsel for the prosecution a
chance of being heard, for here the most i'm.
portant interests OF all were at stake, viz, In
ternational ones. He again implored he court
not 10 order this wholesale delivery. lie would
put II to the court, was II treating the counsel
Tor the prosecution with fairness! II the court
should persist in doing this, then we must be
prepared for the consequences. No ceuntry
had dealt fairer with England in extradition
matters than had the United States. Their
Judges combined to give effect 70 the extradi-
tion treaty. The Judges OF our Supreme Court
had concurrent jurisdiction with his Honor,
and had counsel known Of the probable course
OF Lis Honor, they would have desired the
court TO allow these Judges to have seats on
the ben ch with him.
mr.. Johnson rose and said that both those
who represented the United States and those
who represented private interests in this affair
had upon them grave responsibility, but he
thought MIR. Devln mistaken in the view which
he took of the Judgment of the court. The
court meant that the prisoners were dis
charged on the one charge which had been
investigated.
The Court kere said that MIR. Deylin had
understood the judgment of the court Alright.
The prisoners were discharged IN every case
before him.
Messrs Kerr, Abbott, and Lafi fiamme, counsel
for the prisoners, objected to any calling in
question of the judgment
Mr.. Rose, counsel for the United States,
wished TO speak. He said he did not mean
to call his Honor's judgment just delivered in
question
The Court declined to hear further, saying
ludt IL lie uau IiRut tO dFTceL tutSe uSn OH
one charge, he held that he had not, then
neither had he the right TO detain them on any
others. These men had been arrested on magis-
trates' warrants upon his own motion, and
then on motion of the police, and now whsn
his Honors own jurisdiction was called in
question because his warrants were null and
void, he saw he had been mistaken, aud 1t was
the duty Of every British judge, on finding that,
to rectify the errors.
The Court ordered, therefore, that the pris-
oners be Immediately discharged, and was pre-
pared TO incur the responsibility Of his own
acts.
Applause again broke out in the court, but
was again instantly checked.
In few minutes the prisoners walked
through the c0urt. room and were eongratu-
lated by q few OF their acQuain tan ces; and
when they emerged from the building few
voices were raised in something meant 20 be
cheers. They then separ ated, looking pleased
at their enlargement, and the crowd at once
disnersed