New-York daily tribune., 1866-01-09
LAW INTELLIGENCE.
In'psrtsns Qaessisn under the Il ExtraAlsios
Taea'y-surrcnder OF CustnG for Al
Icred POisOniss in Toronto.
UNITED STATES COMMISSlONERS OFFICE.-JAy g.
-befor Conmissicner OSBORN.

Icfeo fOisOn1n8 IN Toronto.
UNITED STATES COMMIsslONER's OFFICE.-,JAs g.
-beforr Commissioner OSBORN.
la 70 George Gusian.
IN THIS matter, IN which tho extrndition Of
t9lfe uustii ior sp sttsnpr to poison Alexander
uennon IL Toronto. Cauadi demaaded by the British
Cosu the Commissioners la. certified proceeding. the
Stte Dear ment and has delivered the follow ing opinion:
The accused arrested upon the complaint and
lion Of tle British Consu at the poit Of NewYork under
and the ac, Of Congrcs. approved August I'd, lsiS
appears nom the opposition Of Alexander ncKnnon that
oe DaNi ed George Oust thr celeudau did on the 81 OF
October ls5s administer said McKinnon poison called
M NM to drink a os Deer from glass in which 'h1 poison
ln of said McKiunons suspicious distas of
ne liquid only small quantity was taken ini9 his system
theTeby producing serious syrnTa Of iaa effects ana i
suab,y. but which siterward removed by proper
anAtc. instead inssn, DEATH which would undoubtedly
have occurred had he drank the measured quantity des:nsd
TIE docnurnay proof offered In evidence together with
McNebb ste,iuony goes TO show That Days snow ~ eu
ojy Canads where bill OF indictment has been preferred
Thc riienre - wholly rcum.;tn,lo tho poison ben9
pu' IL tie heor by the accused or hIs cenedrIac anu
only by cioin Of ciFornst'nee' concoing nc I Ich
with the accusc1 IN their Character Suspicious snd ~sn
csry with then emo' conviction Of gul, t, NV Scb
guided mining he question OF pFooa9'e cause Wsh
sole province in this matter oi mutual interest 10 '
RESPECTIVE, Governments. -, u.i
for the prisoner ud which he has requested me 10
IN the consideration Of the evidence: VI these WI, Ifrs
after ceieui review Of some q the most metei" ,o"
brought out in evidence usan the charge Of crmay
II seems that the accused shert time previous 70 me
oeuc chaI gcd IN the employ oi chinnon pedine
that he knew where McKiniou KEEP, bis money! thst be
sperward represented himself in Toronto 20 DC ao,,oi
formed intimacy with Davis; were associsien 'oss
frequently tocIher carried on pr'ctc9 OF ieu'
cine. pressihed r each OF e' pai.ni'i were Known IS
nocori wis cad Gasaf; had frequently been IN btrpe
tho afternoon, Of tho 81 ef October LIST ,Gse
dsy tht Mckinuon Is ALLEGED 70 To- nave, nave osen pee.
poisoned aud dec Of hydrocyanic scd tscheeesl wa.
iuIcl by Gusisn aud almost nn tis'ry a,'r they "en,
70 Mex mr. n oookstorr d offered go b Ia payn@es @
inans arii-h purchased; Mekinnon open tue 'ai
eouversa between ,len and Mhnnen Gnsiah went our
az came back with bot. oi ale aud glass; asked Ne
kinuon drnk Mckinnon dait and soon beosne '.oly
SICK haylng al tn indications Of being poisoned ..
to by the medical ~iess, aud nom tie descriptions o.
OF cs Produced BY prnse aeid and well sno~n Ia
books Medical luE sprd,uce TIE ,ncden dis!p,erhce
of GustE Davis the II -hi OF the accused to Ne"- OLA
leaving behind W trunk and his hotel ts unpaid his snb'e
point - the sccu "a biug these who
Moknuen ~ poisoned beer. aud lad resofed to that
Ii.uneccs - TO dwell longer fact, ard circumstance
Will ni, my Judgment eeary plcaie i'e aceosed VAN
the ar,ious ard the cy !encc sd before me- an
hound % Eo him for Ie al the place where The ouonse q
CHARGED WIS committed.
riaice had been shown md iivorahe con-idcraon
haud be given to M accasod N te absence Of 30 impoen
Nj oe i, expressed or impied wher person kills an
o;rT with sed-e &c herate mind snd formed design y l.
be exres.l, where man wiiuty poi'ons sn,ther
tWnaTion AID s,i airdic ! prudence ScoL. vi, oo
Ufis th u,ua evidence is cir umsisnia' where the set
- del bera ely conn i'tod sud j. tey 70 be attended w.tu
da the sice requisite 70 tie furdei
vii pTeunea The law nfrr thai the natural probable
eject u net drli"fsicv done T. tonded 10y is Geor
~ is cosr ny that had Mckinuoa drank all the be.r 10
tie gas, a e1psc ell he woud ~ the givtr, death
wen almost Instant ave ensued ana the Ia" pfesuiHes
hi. intention hy the ni,aus employed
One other point the legal ssp Of the press o., H.
cell aud l Is whether tho niisteing Of Pol!on with In
tent e. commit murder wa contemplated tie language oi
he ira,y under the head Of Assault with intent to commit
uu der
The counsel for the prisoner coucuds not and claims that
ssiul must be In the naare Of nenfce some oemon
srsion Oft Of violence rds uaed with me- ns a. hand
10 bodily harm. &C. THIS ou 81 tue counsel h-s some
meI aud admits OF condes'icn ird hat I'll the states
.ssq. with intent 10 commit felony poison
with intent commit n.sdencauCT or felony; bu, t@e old
ral's q, are bed one s4aa Is ie .. the other
whether il iit"nd,d ty the tTea,y. making power TO
crime Ike The IN QUESTION seems 10 no matter
Si S.si PTPS sy sn nee and cheoS
y. the ofeDs~ In the uatnre Of IN a.sani. .
la The case oi Davis as DAVIS q Ifede i4 The ooui'
W is dncu', IN practice to drew precise Ine which
'eparaes violence ensccd o vol.nco o, TO be exc
eued FOR nni t ea.cu'n c Las herlh h'fe can ue h'
assault. We think, howcvfr 'Aai wbrTo tn unequyocai
.toppcd or dyer.c viii be followed by pcrousl injury,
The execution Of the purpose ia then b-run'he battery
Nov ir thi, case ~ oseuse has been comnteipoison
intent - the scrused l. shown by circuin
in be case 70 proper understanding Of the treaty .ni i
and of the ofen,c csrgcd. T. wheth'T
patug poison .n the beer Win intent TO have
McKinno receive il aio his stomach assault "n Tie
rhs case Of nequia ,r, Hanson q Cor Kr 9ig, g.. ous
which f.vors tlc view Of TIE ftnse.
The tef daii was charged Vi'h putting can,hades into
ru which was b. person ignorsut Il the fact snd
which produced gTeaf iliufy sicsprss aud disorder The
onft held that not esssu or ndcmcspoF ~ com
mon law. 49, . So, - -
la The rare OF the People sg Blake n Wheeler, C. G.,
fa1 Il wa h,ld by Tie Recorder ttat vegetable ro"d
called coicn pu. upoa stowe aud in water iob io u
rurDosr a B.. ng nse aud person nuftd ~ ~ 10 essli
o ins 81 . caac g. ~ i.s rcson. both urou tie liw
ard te as hnva given tie most SttsH'ise coacersiion
and lrys e.deayof~d % - sach concus ts
ou'd uphold n ana TIE TsL and hbeTy OF the dceni-
ant douI.rds.
Tho on'y plea Of deisnse Is ia queson Of nw-upeD
The ca drieuse hos been ofsredfih mute tnd u
M M nnl ghts rese the excused appe1Ts iL
s.e OF uye ulic biz council tie atk ol
coong fhc csdAce OF tie pos'con win me iinse OF In
oerc and usiug tie poweis oi 10 break down tie
ssrT,,Tf 81 the law.
f.s d,s'os y these proceedings 10 the Secretary
nj st "A NJ l.hurton 20 await The action o the or,isn
hr ys fo wit of surrender. conscious that ipe justice
viii be- sdmniuoTed u the DfeipTetng oi treBiy sstions
4. tLt hghe, t.iblaI before which tue accused vii. De-
brought for hls ir.L