Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1864-12-15
DISCHARGE OF THE ST. ALBANs RAIDERS.

DISCHARGE OF THE ST. ALBANs' RAIDERS.
MONTREAL, DECEMBER l3, 1894.
The Of The st. Albans raiders was rsopsned to-
day before Justice Coursal The courtroom was we'll
fsd with spectators The appearance of the prisoners
was much the same as at the last hearing.
At the commencement Of the proceedings Mr. Kerr OBJ
ecsd that the court had jurisdiction in the He
denied in bic houors right to cit there at all this
investigation.
Mr. Derbn said that alter having granted delay Of
month they had met TO hear evidence for the de-
fence aud not to listen to legal argument
After few words from the Court, and from Mr.. John
son, Queens counsel
Mr.. Kerr allowed to 60 into argument as TO the
Jurisdiction d the court in the premises, and after some
discussion between the counss the Court said that this
matter OF most grave Importance involving his right
of Jurisdiction and, consequently, the validity OF these
proceedings from the commencement. He should there
FORE take time to consider it before proceeding further
and for this purpose the court would adjourn until p NJ
The Court reassembed at three O'clock and dense
ly crowded Justice CoURsAL, taking the bench, said
the matter in question most important since bis
thorty had been denied He had given the argument
both sides his most serious confederation and had to
the conclusion that the under tho imperial act
and that he bound to act and to obey the imperial au
thory In national question, like the one under cons
Iteration the imperial act was supreme and must be his
guide Our provincial act to carry into effect the
Ashburton treaty had not received the special royal
ton requisite The most exceptional one, and
being national he could do other than allow own
act to give way before that of the Imperial Legislature
The revised imperial act must rule herein and that act
qured that the under which the prisoners were
arrested should be signed by the Governor General II
the court could have reserved the point for higher trbu
nal it would most gladly have done but since the liberty
of the subject involved there admitted of delay and
since he had not had the warrant of the Governor General
he had come the conclusion that the possessed
Jurisdiction in the case and he must order the immediate
release Of the prisoners.
This announcement was received with applause by a
number of persons present but the demonstration IL
stanty checked.
Mr. DEyLIN then rose aud 10 most imprisoned
speech mpored his Honor not to order the discharge of
the prisoners upon the remaining indictments but in fair
and justice to the counsel for the United States and
for those Of the private prosecutors the Banks to allow
of hearing He contended that the prisoners could be
discharged only this particular Indictment and the
court owed to the counsel be heard on the Others
Should 1t be said in English court Of justice that the
Judge having decided in favor Of the prisoners In case
he immediately discharged them in six Others what would
be said outside The counsel for the defence themselves
knew that the which the court had taken
precedented Had not his Honor issued six warrants,
and yet he had but warrant before him. He called
solemny the court to hesitate. He INT Devn) could
not remain silent whilst thirteen charged with rob
berry, and murder were allowed to 60 at liberty
without their several being investigated. Our good
name for justice and fair play was at stake, and though
amongst us might be sympsthzers with the pri-
he had yet to learn that they set at naught the
jewel fair play He again called upon the court to hest
Tale before dschargng these men, and give the counsel
for the prosecution chance of being heard for here the
most important interests Of all at stake, viz inter
national He again mplored the court not to order
this wholesale delivery. He would put to the court,
it treating the counsel for the prosecution with fair
ness If the court should persist in doing this then we
must be prepared for the consequences No country had
dealt farer with England 10 eItadton matters than had
the United States Their Judges combined to give effect
to the eItradton treaty The Judges OF our Supreme
Court had concurrent Jurisdiction with his Honor and
bad counsel known of the probable course OF his Honor
they would have desired the court to allow these TO
have seats on the bench with him.
Mr. JOHNSON and said that both those who repre-
scented the United States and those who represented pr
interests this affair had upon them grave respons-
bty, but he thought Mr.. Deylin mistaken in the view
which he took Of the Judgment Of the court The court
meant that the prisoners were discharged on the one
charge which had been investigate
The Court here said that Mr. Devn had understood the
judgment of the court Alright The prisoners we're dis
charged every case before him.
Messrs. KERR, ABBOTT, and LAFLAMME, counsel Tor
the prisoners objected to any calling in question OF the
Mr.. ROSE counsel for the United States wished to
speak He said he did not mean to call his Honors Judg
ment Just delivered in question.
The Court declined to hear further, saying that II he
had right arrest these men on one charge he held
that he had not then neither had be the right to detan
them on any others. These men had been arrested
magistrates warrants upon bis own notion and then on
motion of the police and now when bis Honors own ufis
dction was called question because his warrants
null and void he saw be had been mistaken, and
the duty Of every British Judge on finding that TO recty
his errors
The Cont ordered therefore that the prisoners be i'm
" discharged, and prepared to incur the re-
sponsbility of it's own acts
Applause again broke out ia the court but was again
instantly checked.
In few minutes the prisoners walked through the court
room and congratulated by few Of their acquant
ances and when they emerged from the building few
voices were raised in something meant to be cheers They
then separated looking pleased at their enlargement and
the crowd at once dispersed,
TORONTO DECEMBER ~, 1864.
Tie Lake Erie raiders were again before the court to-
day and discharged the ground that the court had
jurisdction The result causes much excitement.
RBLoG.ADE RUNNER DEsTRoYED.--The blockade run
ner E with assorted cargo Of and ammunition
was loosely pursued by the Federal stesmes that she
run ashore under the guns Of the Confederate batteries
when .hs was destroyed by expedition from the United
otsf.. steansr Emma