Lamoille newsdealer. [volume] (Hyde Park, Vt.) 1860-1877, 1864-12-21

from their commencement. aud he should
therefore take time to consider it before
proceeding further, and for that purpose
the court would adjourn until afternoon
At the reassembling Of the court the JUS
ticc said the matter in question was most
important. Since his authority had been
denied, he had given the arguments on
both aides his most serious consideration,
and that concluded that the case came
under the imperial act, and that he was
bound to obey the imperial authority.
On nations question like the one under
consideration, the imperial act was supre-
me and must BE- his guide, as the provin-
cial act to carry into effect the Ashburtion
treaty had not received the special royal
sanction reuqisite. The case Was most
exceptional one, and being treaty matter
between the two nations, he could do no
other than give way before the imperial
legislation The revised imperial act
must rule herein, and that act required
that the warrent under which the PRISON.
ers, were arrested should be signed by the
governor general. If the court could have
received the point for higher tribunal
it would most gladly have done so, but
since the liberty of the subject was invol
we'd, there admitted Of no delay, aud since
he had not had the wsrrcnt of the gov
ernor general be he'd come to the conclu
sion that the court possessed no jurisdic-
ton in the case, and he must order the
immediate release of the prisoners. Gap
plause which was instantly checked)
Mr.. DclviD, United States counsel,
then in most imprisoned speech, i'm
plored his honor not to order the discharge
of the prisoners upon the remaining in
dictments, but in fairness aud Justice
both to the counsel for the United States,
and for the private prosecutors, the Banks,
to allow hearing He contended that
the prisoners could be discharged only on
this one particular indictment, and the
court owed it to the counsel to 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 Immediately discharged
them IN six others What would be said
outside? The counsel for the defence
themselves knew that the course which
the court had taken was unprecedeut.
Had not his houor issued six warrents,
and yet he had but one warla.t before
him ? He called solemnly on the court to
hesitate before deciding upon such action.
AS for himself, he could not remain silent
while thirteen men, charged with robbery
and even murder. were allowed to 90 at
liberty without their several cases Icing
Investigated. Our good names for justice
and fair play was at stake and though
some amongst us might be sympathizers
with the prisoners, he had yet to learn
that they sct at naught the jewel fair play
He again called upon the court to hesitate
before discharging these men aud to give
the counsel for the prosecution chance
of being heard, 70. here the most impor-
lance interests of all were at stake. nam
ly, international ones. He again implor-
ed the cour. not to order this wholesale
delivery, and asked the court if it was
treating the counsel for the defense with
fairness.
Mr.. johnson, queens counsel, said that
both those who represented the United
States aud those who represented the pri-
vate interests in this affair had upon
them a grave responsibility, but he
thought Mr.. Delvin was mistaken in the
view which he took of the judgment of
court the COURT meant the prisoners
were discharged on the one charge which
had been investigated. The court here
said that Mr.. Delvin had understood the
judgment right, the prisoners were dis.
charged in every case before him.
. The court declined to here further,
saying that if he had no right to arrest
these men GU one charge, as he held
that he had not then be had no right to
detain them on any others These men
had been arrested on magistrates war
rant upon his own and then on the
motion of the policy, and now when
his hnnnr'c arm .,,,,. ~ =