The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-01-28

sis2 Shs mossnehls on a. deck; !, thai the
a.1 S:s: ; z:S'.t ~ sf ,o ss'y SHOULD
IEs la1ss that rs6 hsA saptursd the boat tha. subs
this .rsd E cs r md es boat - xaa
or the prisoner captured the Island Queen
steamer making her fast 70 the Pho Parson
m ~: e 81 81
the iii brought IS prisoners board the Pho Parsons;
:a here q fIs % .as ID
an cath to that effect nom the raac passengers- OF
whom then liberated and put .snogo Ina,
had ssss 81 es * sss
And ss ss e 4sn;S s1 sss
=. bis one that in rs1 q Ms s %
twenty dollars 0'hs' ou rSa u and which bills the
prisoner and BEN took; thai. they shsn, also, N :
Ike manner took about ten dollars more oandio the
with Him q tis Pho Parsons; that Ashley was then,
snd hs pa M hs his Island oSess
fastened alongside At once seered for sandusky tha1
Queen adfh was said scu.tird; that lkey were then
distant from Ssndrsky about fourteen miles by tn
IN $ a for ul
hours After leaving tho Island then called up that
, u they the sSs e
that no observed Confederate nag on board; that hs
wind hugh tina. i was said amongst the party THAI
they had not made mu h by their co,uing down thai
some OF Nichols clothes had besn taken by tn that
wen for some Of the vessels then near BY that they were
In Canadian waters, as otherwise they would have
boarded them; that some OF them asked Nichois u
banker did not reside at Crosse Ise he replied yes,
that Jones did II was thon said If had not been
late they would have gone and robbed hnl that the
party and that somo Of furn turc which had been
moved ON shore also found hrc. On behalf OF the
& sr That Il fis at tho
Richmond in the state OF virein one OF the conf de-
rate :tates Of America, 10 May. 1904 also m February
federate soldier havin< badge Of mil ury rank also
Of the fact OF military prison OK suing at John:
son island conta ming from two 10 three thousand
confederate prisoners Of war, and of ono Of the
prisoners therein in September being then aware
Of and anticipating upon the place for their
ree.se document, under the Official seal Of the De-
Of ats Of the Confederate States Of America
signed by jeff Da is and by judah r benjamin Score
tary OF tate dated the city Of Richmond, 24tb Delen
bcr 1894 Is PROVED This instrument recognizes the PR
acting master in the navy OF the Confedcrats
States Of America ana alleges that to him, IN ptemeer
last had becn conAdcd enterprise for tho taxing u
Michigan and the release OF the prisoners 81
authorized by the Confederate govcrnm Mt and is closed
In ii O. words-tAnd 1 do further make nown to all
whom may concern that ~ the orders sd INSTRUCTIONS
s, tally rectcd and ejoned ~ abstain from violating
any laws and regulations Of the Canadian or British
authorities in relation TO neutrality, ana that the como
nation necessary TO effect the purpose o. said expedon
must DO made by Confederate sold ers and such assist
unce as they might you may draw rom Tho enemys
retary OF the Navy OF tho Confederate statcs signed "
tho Secretary, r. Mallory y proved u cer.ins copy
Of an appUntnept OF the prison september III I6tj
to Tie ONCE Of acting master in the soniederae navy
would remark that the prisoner having sworn nss
lie aid not commit tho CHARGED against him. rs rub
hrv and that he had evidence prove ITS innoccne,
felt il be my duty under the A. Of "a Victoria chapter
which provides 'tLat shall be lawful for the judge
or other person before whom the party charged brought
to examine upon a,h any persou persons touching hS
s sTa OF oGn roace bis ON
or IL chargedfrst, that beinga br th subject nc -
not ~i.ain tho provisions ar Q. inc ihs ne
tho robbery, war existed between tho United
such act ono which the prisoner then engaged m
beligerent enterprise, had by the law o. nat2ns rghs
Of tbs treaty as cted in our ~ vic CLAP 50 q The
COnsoldas ed Statues Of ennada, 10 Is i0i0ws:-Thas
Her Majesty and ne said United States should upon m1
authorities respectively made deliver up 70 usse az
persons who being charged with tho crime Of nurdss
o5 pla forced noss - commtssd within The aosion
Of tho high contra ting parties should they seek an asy
lum found within the rItcr 90 OF the other Tbs
terms employed are am and most comprehensive, en-:
bfacing all persons without exception or quahncaliQn g
any kind What persons in tho words o. the treaty
being .ob.srsI S.o Thas tie treaty includes md
was Intended 10 include without exception all persons
and therefore hold that the the ground Of hh
beng british subject 10 not exempt from It's Fovisena
Them as 10 The Of war; consider the existencs
OF war proved This important status Is BY tho supreme
Court OF the United States OF America IN the lasSmsnS
gssn on March ~ sG 10 Ss sags q e b sss
tine contena ng parties. And do not say that taxing
into account tho whole proceedings OF the prsone
shown in the evidence for Tho prosecution may not -
Justly presumed that no waa engaged In the spo ~
enterprise wcl he and others acting with him then
upon the idencs that the pr soncrl dement's tor
tho alleged cnieIprse the collecting OF nen and amA
were MADE nj, .n n ane
from dierct with these men and arms Into the adsia
ing territory OF the United states VI America, and
that therein, and b. teso means acls Vi Hostility
lenco were agcd upon ts n0ncoulbatant Inhabitants
this coinry being happily at peace aud In amy with the
Uuiled States ot Amer Ca and with Its psope l
sder the above Migrant collation. OF the public law
ard gross injustice done TO country Then as to the
TAI inv nom Ashley OF his nonsy by violence and the
putting him into peril Of his life, avoxed object Of
the alleged enerprSe the release vi the prisoners az
Johnsons islnnu. JoA.scp's Island Is In the State Of
hostliiiies Tue country around IL the nbode OF non
conbatant people, engaged la the ordinary peaceful
GvUcators Of every day lie, ard IL was through this
country and among people that the alleged entr
prise ateiu to be carr cd out Would II be lawful
people belong, s.iapiy on tho ground of being such
cnem.cs without any necessity for the U.s. " vto-
ience, and at tho peril of the lives OF these people,
10 desol tbom OF thcir effects and pindcr them al wiz
Ii Is sad by International law that by che
modern usass OF nations which has now acquired the
force of law, private property on land y exempt rom
booty in SPECIAL cases. when taken rou enemies In the
Held Or IN be.iesed towns ana 2, military
In not pretended that the prisoner committed the acs
Of under any u the circumstances suggested
Ashley when deprived Of his money by vioene and -
the peril Of his life, knowledge Of the prisoner
such non combasans ! have described. IL the
prisoner on tho occasion In quest had absolute
Ashley's money ~ the peril Of hts life, would he
mot equally have had the tight In Lke manner ~
Other ncn-ccrnba,sns Omitted States citizen whom
he ght hsppcn 70 meet and thooss 10 attack undss
color carrying out bccaass OF being engaged IN,
bssersns onterisey do not frd that such right
lists or u sanc oned BY the code OF Christian and eng
snsd nations havo herein underworld TO give all the
facts material On this proceeding, and
HAYS state, In conclusion, that lind AID deter
mine the evidences taken before mo- according 10 the
laws Of this Prov nee the charge Of robbcy hero pro-
Justify sppr he naon aud cornmGsl for trial u tbs
said Bernce q. Burey according 70 the laws Of this
rovncs Tor the said robbery u The same had boon co.,
nittrd In this IRE, rae. -
A. SION Is Tie dsision was gives Mr. n G. camsroa
asked Cor copy Of the evidence upon which the Hscor