The New York herald., 1864-11-26
THE LAKE ERIE PIRACY.
The Examination Of Captain Dell
at Toronto.
He ts Fully Identified as One %
tho Pirates.
Evidence sf . Passenger Of tAs
Steamer Phiis Parsons.


THE PRISONER REMANDED,
kss As" ~
First Days Proceedings.
ruB ARREST DEcL LARkD ILLEaAL--A WIT %
HABEAs CORPUS IssUED-TnY PaIs0Nxx DIS.
CHAR0kD-HIS REAaKEsr, kTC.
From The Toronto Gobs, Nov. %.
YESTERDAY morning CAPTAIN cil arrested by detective
Lambert u Guelph on Saturday last. sspclou cet
one VI the Lake Eric pirates, was broukh up tor us
being tarou.n nlnees Aldermen rancs s0A
The prisonos is man or about twenty oght or thirty
years age, about i've cet ten inches height, ssA
has very respectable appesraoce.
M M g ssSss o sppssa 1a Ss
crown. the County Attorney Mr. AcAAo. beng absent
through illness.
under which the accused had been arestod 80
been legally issued. aud that consequently hs souA
be tried thereon. Learning on Monday tnat tie wSe
WAS bad, Mr.. n G. Cameron mad applied Tor wrn
nabeas corpus IN tbs Court OF Queens Beuch and tbs
writ issued. returuabie 1t noeu tuesday Bssse
any proceedings taken 10 the Police Loust Mr. Tam
erou ormed CuIt thai Il would be gu
them proce6d with tue Case there. II came up ,of
Argument on tho writ oi habeas rpus Court u
queens Bench At tw eye o'c.ck AND tnat I'D DO
await the issue Of taat argument before proossd-
ing 10 The min0r court
Their worships agreed with Mr.. Cameron; but at ths
tme knowing that toe warrant Was oot good. sss
ther issued 10 toe proper fon ana tue ~ s@pss
rearrested by the auth ry contaiued tneten 1ba
warrant issued on tue Information II woman vac
was on board Of the Island queen 1t tbs
pirates possession her and shs quito positive
thai the prisoner WAS ono OF tue party S1s gould g,
however identity b,n ~ Captain Bell Aod the efofe 10
warrant was issued against BIN as D. u. Buriry AhHs
Captain Bell. u oh resd hin with having taken part -
tbs attack on the slspt Queen and with hayiuy ~.
tempted to murder the ens,neer thereof.
Al twelve oc OK the prisoner tsken 10 the Csuss
Of Queens Bench by Governor Alien, III sns~er 70
ordsnps Chef justice Draper Justice Hssarty aud jas
lice Gorrisoa.
crown ard Mr. Cameron appeared t0r prisones.
lhe proceedings commenced by Mr. Richards askiss
that tna order might be so amended ~ 10 txe u tas
second warrant Issued fne iordships areed and the
order ameudsd accordingly. lie amended order
and the other papers n the Case we're sheu put 10 40
Mr N. C. Cameron then said thas hs moved for TIE
discharge the prisoner on the grolud that this wasask
under which bad ISSUED siogiy
by justice OF the peace No justice tts peace sodeS
the Ashburton treaty. hat Any authority 10
rant tn case Ike tho present. u required hsoss
auth rity that to commit person gxoi for suco
crime ~ me prisoner was charged WITH
The Chief Justice sai be supposed the opinion e
the Court tn at The Warra0t WIS not good
Mr.. Cameron then SAID that 60 Tar the second
raut concerned he loo that Il also value,
in custody under Is II contained chsrse
Grst warrant aud he coutendsi that prisoner csuid
rant the prisoner charged With asssung the sog
OF the Island Queen with Intent 70 xii him. the Ouiy
words with m.ico which we're 10, eSo.
tanned n the 0rst He sIso submitted that 10 charge
wnere tue party was alleged 10 be unxuown
Tho Chief justice supposed that The argument Of sho
learned counse! was that tbe prisoner was Ia Mr. Aliens
hands illegally, the warrant under which he nelA
being bad
Mr. Richards said had been given hun q .
the issuing OF tie order OF nabeas corpus
Mr.. Cameron said notice mad been given TO ths co0-
nilng magistrate, Alderman Sterling The iessusA
counsel then road an tavit which was sisted Was
Mr.. Sterling had been personally served With noiios.
M n. ,S
c.eDt time 10 look authorities He wond simply sAy
that be could how their lordships dscbgs
tho prsonse He had been arrested by tue .rrans Of
magistrate and subsequently, while stu 10 the custody
OF sses be had been warrant .ssuS1
by the Recorder This addressed 70 s ooa-
stables ana peace ocers the united ccuutes OF Yor
ana PEEL and been on BY Sergeant Msor Gun.
mine who atsr arrcsng the prsouer banded him over
80 the governor OF the jail. who nm: for shAS
constable 10 virtue Of his ocs ~ aer of the eity 8
GERS 10 the united counties OF York and Peel 70 hold An
Mr.. Cameron con,sndsd tbs. ne warrao. va, ,ses,.
and that therefore Mr. Alien could NOS retain the body Il
tho prsoner.
Ger, could aot hod the prisoner, aod he had Simply ~
loved Mr. Allen to keep possession os the prisoner fsa
The CHE. jussc4d be could 90, sec the authority q
the Jailer for holding the man.
Mr. Richards repeated bis argument tast any psacs
efcer could bod upder tho warrant and Mr. Aisa
amply held HIM for The peace o1esr wao Rad gesssd
HIM
The Chef Justice cocleuded that Ne AIso eould ooa
hod The an un1er any circumstances az 10 the csSa
place. the warrant was illegal snd ttsrsoe the a-eSs
wac Illegal under no such fsncjed power The sDss
cosccrned, it did not enter into the casa NJ al.
Ar Harrison said that the warrant was addressed a.
the peace officers Of the counes OF YORK ard Pee aaA
hr. Aen as jser, was Que OF those on sers goa . ~
opnou bad power 70 keep pcssessoo o, the prisoner
After soNo fnrthsr scuss On, wien Was s'mpty
repetition OF the abos6 their icrdsn retired t. cnsv
and after an sbssHcs Of about three qass Of AZ
tpey returned
be Chief Justice tbes said that the Ccar ware Of TEE
opn that Mr. Aea bad no power 10 bsi the pFsooss
nasmuch az he h,d been arrested updsr bad wafrsss
shs prisoner must therefore be cscbafsei.
NJ, Justice Hagsry gave bis judgment, which va u
The prisoner vas accordingly declared discharged ssoa
custody He therefore at ouce cis the court rvsn N
company with few Trends
Jrst a. hs passed through the door Sergeant Naos
Cunm Nc lad his hand 90 hm aDi reafregied h.u Ha
asked ios what crime when Cumm produced yarrAsS
In which he WAC charged with beng Of toe rarty
who made an nttecx on ani captured the Pbe
Parsons on the l6th of September Iast Iie was sso
charged with taking from ssd steamer several ars.casa
be,vogiug TO psrsoGs emp.oyed 90 the beat
BEL a. nrss sssmed incluee to docet the ss-
ssory y. q ,,,, sSs soS ssrs ..s@:s
Cameron, VITO, arer reading the warrant. "a.
vsed BIN TO 20 quietly win Sergeant MAJOR Ce0-
mns He accordingly did so. ani, Iesvicg The tot,asg,
re was tsrsa !, ouco before Mr. Recorder Gusssn n
sdd 90 totbs oo6ssel ws!onsd ao.ve. Mr. Browcs ~.
sIstspt Dstrc, Attorney oi tes state OF Mich gao. ~
peared on behalf q tie Gated staiss government Ne
examination wac entered Into. Tie tsss wn SIMPLY -.
journed unii tbe morpng, when wil bs opened ~ ~
O'Clock.
Second Days ProcesAIngs.
EXAMINATION hEroKE TEE REcoRDER--ruB pWioous
N IDENTIFIED As ONE OF THB PiRArgs-iNrsa.
EsTiNo TESTIMONY OF roUnG LADY, ON. %
THB PASSENGERS ON rsn ergAMRR rHILo PAR