New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1864-08-29

manner much 20 orr asfHnlfinent
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THE ENGLISH RAILWAY MURDEB.
The T. Ssmis alton on Hafurd"g-The Gaze
for ibc Defence.
The u. 4. District Court. Chambers street. was on
Saturday morning at Ia very early hour beseiged by Az
immense crowd anxious hear tho termination OF The
celebrated care and the defense offered for the prisoner
Immediately after the Cour, room doors thrown
open the crowd poured in and III less tban minute the
floor was packed by a dcnse OF people. who occu-
pied every inch Of avalsb. space. Tho Commissioner
took his seat at p ecIsey II O'Clock, and In few min
DIV az tho officers attended by MS counsel Cbanucey
Schaf,r esq. and Mr. T. Blankman, bis appearance
creating quite sensation among the Gro Sd IN the Court
He looked much before though perhaps little pnieT
and exhibited the same GOODNESS and s'ifp1ssesson
which be has shown throughout the previous cfamna
ton All the witnesses for the Crown wcie m nterd.
auce NJ the opening Of the Court. and amer waiting a
short time for Mr. hiaTbury. the prosecuting Attorney
the Commissioner asked counsel for the defense II they
were ready 20 proceed.
Mr. BLASKHAN replied that the opportunity Afforded
counsel for consultation with the accused VAS very lin
cd not exceeding ten minutes and tie qacsn"sS pre-
serted Nv the case exceedingly intricate both ~
20 the facts and the Law. Neither MI Scbaier nor nm
self had had an ODD rtanity to consider the luminous de-
pos lions presented behalf 81 the Government ~
Great Britain end the time having been 30 short no
had been afO gcl them
Themselves 10 discuss the questions On the merits Lid
facts Of the the law. He therefore respectfully
asked that his Honor would adjourn the argument IN
the case until alate day IN next uhs,geek THIS apIca
ton vas no, made for the purpose delay but 10 afford
counsel an opportunity ~ Thoroughly preparing hem
selves There plenty Of preccdcnis 20 authorize
such deay and be- referred 10 the cHse al tho negro An
derson who, having committed, ~ was claimed BY tue
| nited Siacs brutal sud gen'ou murder to's refuge
in Canada. Shat case wa pending before the nAris
trao there for months and was finally disposed ~
in hut ia IA I.
pus. sued out by distinguished oenber OF thr Ehfsh
! bar before the Chief Justice in London
fhe ro.ut wee that tho BritiSh Government refused Ia
deli, or him up end btsd e. refusal eatrcy on tchni
cal grounds He 0lsO reucd 20 me cise 81 the Cleaa
peako which was cRptrsd by IL is.enFcrs snd ta,en
io Halifax having murdered The mate. Inc HIphotton
hich WAS made under his ucai! ior beT eItrbdiiou
being eventually reused alter tic onse had been nj
iourred nom time - time for scyefa months lie
yshed IL to be understood that biz client poityey dc
MED his guilt. anu positively ssseTed fat he rss nAo
cent. Iftie We one u m0nslAugbt,r II dd not
con-. within the treaty between this country and Gree
Britain and n order % ascertain what TIE proof really
wa II aas proper tbat tho court should al I'd counsel
au opportunity - examining the testimony produced
agsi net him. which htberto they had not bod.
Mr. pARi,URY -aid the deposiuons were before the
courc the whole OF the previous day that counsel FOR TIC
accysd had them n their hands and they were not such
long or involved intricate documents ~ required gDy
fous study examination ordsr 10 conpreaend their
pIrpoJf This Inquiry simply preliminary oac. not
to detrfniue the name guilt or Innocence but simply
u ASCERTAIN whether there was sunioien; evidence 10
acount do anything which should have tie appearance
OF refusing the prisoner any zyegts Or rights tie GIT
have bat Is did seem a. him that the request wa not
reasl ueble II The prisoner were committed for
trial nOw De would bc sent ~ the place who're the muir
der wv committed, aud wherr he could prodloe any
witnesses L. mgh. hare his behalf and where AL his
rigbs would be secured him by the common Law ~ Eng
land great many witnesses lad bccn sent hcTe
nj consider able expn1e which should be prolonged
longer than necessary aud considering the great moon
senoace which would arise 10 then he hoped that
| h.. .lft 4 o.. f.La ufu.
Mi BLAsKkAs repeated Lr siatemcei that prisoners
counsel had sufficient opportunity Of examining
the ceps oEs which contained the testimony Of twenty
two vi,Desses and that A. " expense the Government
" Greet Britain Nas known " b. most generous and
sgbspinCus IN such matters es 1t Lad proved IN the
o-ase at Halifax
The COMMISSIONER said that could no suppose that
nrsOntrs couasel Lad Lot had An opp xiu1y VI exam
aing the evidence. lie short 1t one have granted this
rich but the evidence not very lengthy and he
could not thai tbs ntress Of toe prisoner would b.
promoted by al sdioornment he should t1roiore not
grant
CHAUScgr SHAypsR esq. then rose for the isfnsc.
and said he should not attempt 10 prrsont any formal
defense. but would coll His nonors attention 20
few considerations arising out Of the facts OF the
lie thougst tint there was something CT submity In
The energy With which ths British Govern had dis
regarded and oceans In ticr pursuit OF this
who hGd a!edgrd. violated the laws 81 Egrhnd
Ue not tharc 20 raise any Ill feeiilg against thai
grand old nation but he there a. iadgc that treaty
Dy the acs Of the English nation itscli. There
Tor lie had not consulted his learned associaie H.
Wishing II ON thing absurd done 10 have the credit
Of 10 himself. 10 held that this tre4ty wa
infringement Of the Constitution of this cOun.
xry The Constitution Of the United States and tho
amendments TO TINT constitution provide that par
son sht be held 10 answer for capital ini,Iaous
crime save the indictment. or yrosentment. which
uIcaIs the same thing. OF Gil and Jury (AmeudmcDts
Art th) Now tbat Of the Executive Ohe freely
mnkug power) the treaty entered into BIZ the Presi
dent 81 the United Sates ~ his minister or other agent
duy appointed for inst pgrpos when submitted the
sursees of and ratified BY the Senate becomes part
OF the Law Of the land. Possessing the almost bEding
force of tic Constitution ~ the treaty be violation OF
het Consituton Nov this treaty provides (see Stat
utes Of the Unitel Staes at large, vol D. $40 Art i0
that II is ngrad that the United States and her
I,ritanic Haes'y shall, upon nutCsl rsustion. re-
spccuy denver up h. justice oil persons who charg
ca with the crime VI murder or assault with intont TO
murder or arson forgery Issuing forged papers,
shall be delivered up to the other provided further that
the evidence is such would justify his being commit
ted for trial had the crime charged been committed In
The place where be is apprehended. say that reatJ
contrmonee the Constitution in spirit and substance
both for your Honor asked " surrender this 20
DO r,d his lie though he 10 not Indicted. Yos are
asked ~ place him where bis lie and Liberty Will b. i'm
pefilod. and yet without any Indictment have, how.
ever another propagation ON which rely with conf
dence and here le. me b. distinctly understood;
II IL an elementary principle. recognized by tho
law OF nations shat r stits OF war suspepds the
operation VI s4 uee.ies, Bst y0v sy taefs " set