, 1864-11-30

InPi:I!i.tery or tho Anatr-1fe"u1t
DETROIT, Nor. 2G.-The Free Pre-" has tho
following;
Our readers will rccol1ect that, on Sunday
morning 1ast, we announced that BnTley, one
OF The chief pirates and second in command
to Bell, In the capturca and partial destruction
of the fhi1O Parsons and Island Queen, bad
been arrested and was held in custody In 10,
ronto to await examination. Deputy United
States District Attorney Brown, of this city,
Immediately proceeded to Toronto to take
charge Of tbe prosecution aud to insure his
being held for trial, If possible, and delivered
up under the -Aslburton treaty. Before Ills
arrival BurIey had been brought into court
on an application for . writ Of naoeas corpus,
md was Just being discharged from cuatodT
when Mr.. Brown entered the courtroom. a
warrant MAS Immediately lssncd against him
for robbery, and he Was again arrasted before
he had reached the street. Burley ana MS
pathizcrs who swarm the city Of Toronto,
were highly indignant at this t. mean Yankee
trick, !" Is they calledit, and made all sorts OF
rough threats.
Oh Wednesday ha was brought mp before
the Recorders Court Of Toronto for exanfna-
tfou. Tie court room was crowded with
SPECTATORS and the interest felt In the case
WINS quite perrtptibfe from the attention paid
/ 10 the evidence taken and the arguments Of
The counsel. During the examination the
that was said and occasionally made re'narkH
To friends who eat near him. lie ul1 NOT ap-
neor to ho uuAnoWn or friendless. Nearly all
fhe southern refugees appeared to know him
well, and to converse with him as II they haa
known him for lifetime. The Crown Att9r-
pey, air. McNab, was sick and unable to be
In court, and the burden Of the prosecution
dcvolved upon Mr. Brown. There was 4 mis-
fortune in regard to procuring the necessary
witnesses. The Phio Parsons was disabled
&% 80 nif p n
none OF her crew could be obtained The
Island Queen was also absent. The only
ayailable witness who could be procured Was
Miss Gertrude Titus, residing in this city,
at IL Shelby street, who was passenger
on the Philo Parsons on the day that Vessel
1nony alone Burley was held. She identified
| him at once, and before the prisoner was
pointed out to her she told a person near that
! that WAS the person who answered to the
name Of Burley On the boat. The conusclfo
| The prisoner attempted to lntimidate her, and
even resorted to The use Of uhgentlemaniy
| threats, for which, however, be subsequently
! apologized He suggested that the young
| lady would get into trouble before she left
| Toronto, which suggestion WAS evidently Sec
] onded bJ the crowds Of rebel sJmpathlzers in
| the court room. To her credit, he it said, she
| was not Disconnected by their threats. anu
| gave her testimony in such Straightforward,
| and evidently truthful manner, that the prls-
| ouer's counsel did himself the jnstlcc to make
| amends, The most ingenious cross-quest1on-
ing failed to accomplish anything to the "a"
vintage of the prisoner. The testimony CIV.
EN- by Miss Titus was the simple narrative Q!
| The capture. Of the vessel and the conduct Of
tie pirates. Our readers are already familiar
with the story.
After lie conclusion of tho testimony, the
counsel for the prisoner contendcd that no
case had been made out, or at least tue prs,
I .ToSy1 1,1 nnsa n
| not come under the Aslburton treaty. The
| Queens proclamation recognized the Conted-
GATES as bc}1lserents, ana therefore it Was no
act Of piracy OF robbery for any body OF men
TO act as it WIS alleged these men haa. !heS
we're right, according to the laws Of nations,
land if they lad lpwer to DO So. Hc y nlso
soiti that, under lie Ashburton treaty, there
|. should be special charge made against the
prisoner in tie courts Of the United States
This case did not clearly como within the
Ashburton treaty, and the prisoner could moi
The counsel in behalf Of the crown sibmlt
ted that sufficient facts had been shown
D., acpiust-the prisoner to have him remaneea;
There was evidence to show that property ha9
been taken trom the bouts on Lake Ere. ano
that the prisoner was in company with mos!
who committed the ofIcnse. He submitted
| t1,at It was thc duty Of the courts to carry ou
l. thc provisions of the Ashburton treaty 10 tut
| f11llcst extent and 1t had not been snow
that the prisoner md those who asts9 WI, WI,
missions in tie Southern army. It was th
| dufy Of the authorities to extend to the peu
ple On the other side Of the lakes, with whom
canada il at peace, all the assistance in thel
power to have those punished who COMMITTEES
otfeuscs for which they should properly b
given up under the Ashburton treaty. Il
therefore contended that as there Wero st;
other witnesses to be brought forward =
prove that The prisoner had been engaged II
; lie capture Of the steamers, he should be re
TIE Recorder said be felt quite clear tina
/ be had Jurisdiction to deal With the case. Th
| examination hod1 been carefully made, :and
! | waa evident q great crime had been commit
led, and great amount Of property h2Y|
been destroyed when the boats we're capture
He thought the circumstances were OF such
nature that remand should be allowed i
order to give the prosecutors time to brin
! forward witnesses, who, 1t vas alleged. "oui
= Tic examination was then continued mt
/ | next Wednesday. The Recorder refused t
: admit the prisoner to haal, and he was II
) n1andcd to jail. On Wednesday the crews
r the Philo Parsons and Island Queen, aud otl
j | or necessary witnesses, will be on hand. DIT
l t1fct Attorney Russell will also he presen
e There arc number Of charges which can
0 easily proved, and if the one under which b
| is held NJ present. ctuUut Ue sugS[lutL1tEt
e another will be made against him.
, The circumstances which led to Bnrlcy
d arrest, are briefly these Two leading pirate
= evidently in command Of the gang, were Be
and B1,ricy. The latter made himself the mo-
# obnoxious. He was ot1icious, 1oud -mouthct
It ugly and vulgar. He made himself partic'
# laTiy conspicuous from his desire to murde
n burn and plunder:. These two pirates cou]
J. |. evidently be easiest found By, detectiree
e Their names were noised through Canad
and it was discovered that they had for sou
10 time previous been quietly residiug in ~
q scurc village about 4 hundred miles north
le Toronto. Upon this discovery being mad
officers we're immediately dispatched By II
McNab, Crown Attorney at Toronto, to 6
i rest them and bring. them to that city for E
in animation. The officers, on arriving at t
l. village, found that they Ind left few r da
e. Albans raid. These two men evident
as took o leading part in that affair. Nothl
be more could be heard Of them until last wee
he f.when Burley turned up in Guelph. He
at engaged in buying cannon and 2 m arna%e Irn%
On | much has been said and so little known
lst Nas arrested on Saturday last and convey
md In 'Eaf6 hr nj