The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1873-07-19

he was my prisoner. He tried to break
from me and called Tor assistance. AmRn
came at us with chair. Keegan drew
revolver and told him TO stand back. l
drew no revolver at any time, exeept
when firing Rt mark with Benson. Kee'
gan did moi have rifle at the time Of the
arrest; showed Gordon papers; told him Il
was copy Of q bond at New York. /
feared rescue and had no time TO eX-
plain, / never told him arrested
him, Fin the Queens name. | only
used necessary violence ID making the
arrest. Fletcher was not present; did
not give any orders; was not under his
direction at any time. ! supposed II was
all right, or would not have allowed my
self 10 be arrested. Gordon wanted me
to 90 from the Province alter our arrest,
and offered me fifty sovereigns If ! would
90. This was alter Mr. Bradley's customs
officers had left! He wanted me 10 get
the money which had been stolen from
him. said TO him that ! would go to
Fort Garry with him, and thought my
papers would hold him.
These statements closed the eXaminR.
ton. Arguments may follow tomorrow,
when the Hon. Z. II. Wilson will proba-
bly, be heard, showing tho common law
right Of a bail 10 take and surrender his
principal.
Great excitement prevails in regard TO
the motion oil the Attorney General for
an attachment upon tho U. s. COnsul,
TAYLOR, for an alleged contempt OF court.
Although the Consul appears at each
session the Judge has not intimated his
decision in the matter TO attach. 1t Is
generally thought that the Attorney
General intended the whole thing for
buncomb, Ibut he explicitly stated that ho
had requested the Canadian Government
10 apply TO the Washington authorities
for Taylor's removal. 1t seems evident
that Clarke blundered in his insult to the
Consul, Saturday, when his card was
published The 18th Of July was ccle-
brated by the Oeangemen in q grove tive
miles west OF Fort Garry. Gordon was
on the stand decorated with an orange
badge, which he Is not entitled TO wear.
Mr. Carrish, one OF his phalanx OF law
yers, made violent speech, denounciDg
not only the prisoners, but all Americans,
and openly proclaimed that Consul Fay-
lor would be arrested Monday morning.
MINNRAPoLIs, July 1S.-The Tribune
of tomorrow will contain the following
dispatch:
Fort GARRY, July 1S.-The arguments
in the Gordon case occupied the day.
Wilson was not permitted TO appear,
greatly to the Disappointment Of all fair
minded men. Tho authorities as to tue
common rights Of bail over his princl.
pal, were read by Mckenzie, the counsel
ior The defense, Attorney Genearal Clarke
and M, Carrish, appeared for the prose-
ution, VIC Messrs. Mckenzie, Royal
and Dubie, tor the prisoners The de-
ciaion was reserved till Tuesday: BFack'
cit has permission 70 Geo the prisoner TO-
morrow.
81. PAUL, MINI, July 1s.-Mr. Nc
Kenzle, In the prisoners Defense said that.
no offence had been proved within the
meaning of the act. According TO Black
stone, page 100, kidnapping was iorcibly
taking any one away out OF his own
country, which Gordon had not been. II
might be said the attempt was sutilcienti
but he contends that the attempt did not
come within the act. II it was brought
in an attempt 10 assault, he would refer
TO the case OF attempted burglary, when
no conviction was obtained on account of
non.proval OF overt acts. He concluded
an able address by LG..fnating out that there
was no local law TO override the Amerl-
can law. A man cannot commit crime
without intention to commit 1t.
Mr.. Royal then arose In behalf
Of the prisoner. He saw no reason why
they should not be governed by the COM
mon law of England. He held that a
bailsman had the actual right Of property |
over the body of his bOndsmen, and was
entitled to take away that property when
ever found without being guilty Of an un'
lawful act.
Mr.. Dubie arose and also addressed the
Court. He adduced no new arg ument
in their favor. Attorney General Clarke
SAID he found the counsel for the defense
had not shadow Of reason In their ar
Cument, The act particularly referring
10 the ofEense committed by the prisoners
said with intent 10 transport, That in
teption had been clearly proved In the
present case. He spoke Tor nearly an hour,
Quoting numerous precedents and laws In
SUPPORT othis position Alter some more
remarks from Mckenzie, Mr. Carrish
cited tho law Of abduction, showing that
the seialng Of q man with intent to carry
away was conclusive. He then pointed
out that the evidence proved that the
prisoners had seized Gordon and wero
him to the States. The argu.
ment that some wete only accessory
would not hold out All were actually
overtly engaged In ihe act. Bentley and
Fletcher received the letters Of instruc-
tlon, and must have known what they
were about. Merriam was present at the
time tho kidnAppers started, and was i'm.
plicsted in all their movements, His
Lordship's duty was clearly to commit all
of them for trial.
Judge Betournay then adjourned Court
till o'clock next Tuesday for his dc.
cision. 7'
hoy murdered by his Foster Father