New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-12-15
THE DRAWBACK FRAUDS.
THE CASE OF X. b. CALDWELL-PRoCEEDIN
YESTERDAY AT MONTREAL, CANADA.

THE CASE OF Il. b. CALDwELL-PRoCEEDING
YESTERDAY AT MONTREAL, CANADA.
On Saturday, the 4th of this month, war
rant was issued by Mr. Justice Coursol OF Montreal Can
ada for the arrest OF Richard b. Caldwell who was con-
cerned n the late drawback frauds in this city, and who
had taken up his residence 10 Prescott Canada where
he purchased house and sawmill and was also run
ming a large brewery. The warrant served that
night by some French constables, who broke into the
house upon Cadwels refusing 20 admit them and took
him by force to Montreal. On Monday morning follow
ing he was taken before Mr. Justice Courso who was
requested by counsel for the United States to hold
him until witnesses could be brought from Washington
10 prove his completely III the frauds The counsel for
Caldwell opposed the motion on the ground that
n tried at all he should be tried In
the jurisdiction from which he was taken The court de-
cded that t was matter within its discretion, and that
where there were several prisoners TO be unprecedented
which would employ the attention OF the United states
officer in different and distant parts OF the PROVINCES
that it would be unreasonable to expect Them 10
be ready proceed in important case wlthout some
little time preparation and he therefore me
hearing OF the until the next frlday w hoou Ihe
prisoner then committed:
on Thurday the 9th INST, Caldwe presented pettoh
IN the Hon Mr. Justice Mondeet FOR writ OF habeas cor
pus and he ordered that the writ DO issued The writ
was made returnable on the following sanIday BEFORE
Justice Mondelet which time the counsel Tor the pris-
O'' That Judge COursol had no jurisdiction to issue
warrant for the apprehension OF tho prisoner outside OF
the limits OF the Province OF Quebec and consequently
the arrest OF the prisoner at Prescott IN the PROVINCE OF
Ontario, illegal, unwarrsnted, ana nulllty, ana
sOud be declared to be SUCH aud the prisoner should De
liberty.
q The information does not disclose any oense within
the meaning OF the statute 10 give effect TO the ENradl
ton Treaty.
After reviewing the case at length, Justice Mondelet
decided that 1.-THE warrant was sufncent, properly
issued legally executed the prisoner properly com
mted, properly detained not entitled TO OBTAIN tne
conclusions OF his petition TO DO liberated anu nc shouu
be remanded TO abide the due course OF the law Inc
prisoner thereupon remanded. , -,
Yesterday Judge COursol ruled that the decision OF
Judge Mondele in the application to him for writ Oh
hbeas corpus was final far he Judge CoursoD was
concerned and therefore he dismissed the motion TOT he
prisoners discharge. Later IN the day the cOuhse oI
appealed from Judge MoDdeletS decision 10 inc
Court Queens Bench the highest court IN
MOudelbt is sustained Caldwell will be helu iof eAamlha
ton. 49,, -. ..,,,.o, n,o.srs "A,
The United States has retained rs counsel Messrs W
H. Kerr aud r. n Ramsay, O. C., ana there are also -FOUR
witnesses Montreal, together WIN documentary eNl-
deuce of aldwels guilt sufficient 10 is believed 10 pro-
cure his extradon Col. Whitley. who returned from
Montreal Yesterday morning, has followed Caidwell win
great pesistency aud confident that ne VIII YET secure
him. and bring him to Insecurity for irial.
HOW TIE ARREST OF BLATCHfoRD WAS
EFFECTED.
The story of the arrest OF Batchford aud OF
his hin 40 easily induced return with Col Whitley 10
,is city differs somewhat from that told by the Montreal
uanerf It appears from them thai MIR. Justice Cuurso
is,ued warrant FOR the arrest OF Batchord, who was
s,onnng nj the Ottawa Hotel. The arrest effected
NV Mr. Mclaughlin, chief Of the Water Police. who took
him before Justice Conrso and stated tue grounds for
the arrest korn. the Government Witness and VINO was