Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1873-08-27
fCalohman g. Journal.
iWFDNEsDAy. AUGUST 27, 1873.


Our old friend, JouN VI SrERNs, Esq
has dropped into our Office on bis return
from the British Province Of Manitoba,
which he has recently visited by way. OF
Lake Superior, the Northern Pacific Rail-
road, and the Red River Of the North.
lie found the communities on both sides Of
the line somewat excited on the matter Of
the late attompt to bring out Of the Prov
ioco one Gordon Gordon, held to bail in a
civil action in one Of the courts Of New
York, at the suit Of Jay Gould, that his
surolies, the late Horace f. Clark and one
Roberts, a -four merchant, may be relieved
from the penalty Of the bail-bond, by the
surrender Of the principal in court. Learn
ing the whereabouts Of Gordon, Roberts,
through a commercial correspondent at
Minneapolis, sought to employ some agency
to secure his arrest. Negotiations were
had with Hoy, the Chief Of Police Of
Minneapolis, to effect the arrest. Hoy as
ISOLATED with him one Keegau, and, armed
with a certified copy OF the bail.bond and a
power Of Attorney executed by Roberts,
one Of the sureties, they proceeded to the
vicinity Of Fort Garry, aud after consult
ing with Mr. Merriam aud Mr. Fletcher,
two merchants Of Minneapolis, there upon
private business, to whom Hoy had letters
on the subject Of his mission-procecded
with Keegan to Gordon's residence, n short
way from the village Of Winnipeg, and
effected Gordon's arrest at nghtiall, and
with smart livery team drove towards the
border. Having reached the British Gus
tom House, which stands within the United
States, as the boundary has recently been
surveyed, they we're arrested on telegraph
ic dispatch sent by the officers Of Manitoba
to the Collector of the Customs, and Hoy
and Keegan were sent with Gordon, by the
passing Steamer, down the River to Fort
Garry.
Hay and Keegan, supposiog their papers
were sufficient legal protection as they
had indeed been advised by a respectable
law firm in Minneapolis, quietly submitted
to the arrest, with the confidence that they
would not only be released by the British
authorities, but be awarded the custody Of
their prisoner. But instead, Gordon was
released, aud they we're consigned to inn
prsonment in tho fort. One Clarke, Of
Manitoba, who holds the office Of Queens
Counsellor for the province, assumed the
responsibility Of the arrest and imprisoD-
meut of Hoy and Keegan. After Merriam
aud Fletcher had completed their CONNER
cial settlements and started for home,
Clarke followed them, meeting them few
miles out, and requested them to 60 back
to his Office, to make affidayits he wished to
use 10 the case of Hoy and Keegan. They
did so, and went by appointment to Clarke:
office, to make the required afIidavits, where
by Carke's procurement, they were at once
arrested, and sent to the fort used as q
prison When brought before magistrate
for preliminary examination, they were de-
MED the right Of examining witnesses, or
to give testimony in explanation of the
parts they had acted in the affair-other
than their own statements allowed only
with the obvious intent of "fshing" evil
dence for their conviction; as no legal
effect was allowed to their candid and
truthful statements. A citizen Of Mani
toba was so unfortunate as to have been con-
suited in the matter, and was also arrested
and the whole five were committed to i'm
prisonment without bail. But the testi.
mony really showed no completely in the
matter by Merriam and Fletcher, and Mer
riam was afterwards admitted to bail, one
james Mckay, half.breed citizen, going
bail for his appearance. The others ar,
still prisoners in the fort.
Mr.. Stearns further states that, as nigh
be supposed, the Imprisonment of leading
merchants Of Minneapolis in a British fort
aud the refusal of bail, has created mucl
excitement this side of the line, and the re
suit of the application of Governor Austin
of Minnesota, to the President and Stat
Department at Washington, is looked 70
with anxious interest.
1t is obvious to any candid judgmen
that, if there has been any offence in thi
matter, it has been through misconceptiol
of the international law affecting the case
The elements of crime are entirely wanting
as to all the prisoners. Hoy is chiefof polio
in Minneapolis, and Keegan was employee
by him, under the assurance Of eminen
counsel that the transaction was lawful an
proper. They verify believed that inter
national law did not protect Gordon iron
the effect Of bis own acts; that his arres
was only the continued force and effect O
his own act in getting Roberts, and tn
late Horace F. Clark to sign his bail bond
rendering himself liable to be arrested b
them and surrendered in exoneration an,
discharge Of their obligations in his behalf
Morally, it is a question whether foreigl
community, in its political organization, Oh
lending hand toprotect Gordon in swind
ling fraud, ought not to respond in damage
to the parties injured. 1t was one 0
those cases where, in the interest of publ
morals, the comfy Of nations should hav
been sufficient, without any extradtiol
treaty, to have allowed the arrest of Cor
don by those who had, on his fair assurances
rendered themselves liable to save him frou
Imprisonment pending a trial in civil action
Admitting that the case is not covere
by our extradition treaties, or that til
forms of such law were not strictly presery
ed, yet as the arrest did Gordon only jus
tice, and injured no one, it was matte
that had better have been suffered, tina
sought to be punished as a crime Thi
harboring Of frauds and criminals by bord
er communities is game which two ca
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