New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1884-06-07
WRIT OF HABEAS CORPUS FOR EMO.
TIE COUNSEL FOR EMO ASSERT TIE ILLEGAlAif
OF THE CHARGE AGAINST HIM.
yTEtrGElpH THE rRfBESE.i

tRrTELuG.ApH TO THE TsrsUSIi
OUrREc. June 6.-The Court opened Mt IL
n H. before Judge Chauvean the counsel present were
Amyott and Peeter for the Crown Davidson with Gen
eral Hubbard, private prosecution anu DUNBAR H'"o
ard Tcsser for the defence.
ha Are, ness called was Detective Fahey. who est-
fed that he had first seen May % or 49, that he
had arrested him by mistake on the steamship
under the name OF Captain Marshall on Friday ON sun
day he received dispatch from Robert Plnkerton OF
New-York to meet General Hubbard at the Wlnusor
Hotel Montreal, and the substance OF the e'dcice
received he made affidavit and warrant was ssued'
On Friday when he arrested Emo he found him going oy
the name OF joseph Banton. He acknowledged that he
was Emo and that had done wrong but could not DC
extradited He admitted that he was fugitive saying
that be had arrived IN Montreal on May 80 bu coud ho
be arrested said that his counsel In New-iorK "ere
Conkng and Crosby and that he was STAYING IN oahaoa
until the excitement Emo had changed money
with the broker Liable also with Weir and Marier anu
had been pointed out to the witness on
hoard the Vancouver in Montreal by Mr. Liable II was
supposed that he had lot OF money, Judging from tne
sition aGanst Emo lie was aware last Sunday, when
he made his deposition, that Emo was before e Juso
Tahey fufthnr sand that he did not suggest that the
prisoner should be detained IN Montreal In answer YETI
the circumstance suspicious that man tray,
cling should change America money, p ,rca =.
was on the strength Of suspicious elcunSa ,s
and the Information which he had received that ne tooA
out warrant. He had reason to believe, OF ss tbs
mat Emo brou eht into Canada large sum stolen from tue
second National Bank lie was told at Lulnpsihs oei
that Emo and his friend were spending meme Iers win
whom Emo had changed his money peOpe at tne VIM
Hotel where he stayed eabmsn %h1m ne Nd
and the agent from whom he bought ucht1i id'a
vague idoa that he was charged with stcaIhe INJURY
This sferno,n Irvine continued the crossexaInation
OF the witness Fahey who said that High ConstaOe hs
sonette had received lnSrgTnS 20 20 Emo had
admitted having gone under the names Of Marshall ana
I Bsi'on FOR nt ,he prs9ner He was satisfied
he not connected with INC ;d din tsc
witness but did not know at time that Emo
was wanted, and only received reply In the ainrmaIive
received before the said Hold Emo for forgery
A WRIT OF HABSAs CORPUS ASKED
This closed the cross-exaninaton and now ensueo q
new and not altogether unexpected incident Ill lie
case for IT was known that this afternoon n
mo.ion for habeas corpus was to be moved. The
counsel proceeded to the Queens Bench Chamber
where Dunbar read the following statement OF the prls
oner Enc and moved for habaa- corpus In his behalf
"That your petitioner ia unawfully detained In
the custody of Thomas Gale High Constable OF quebec
under certain invalid and Illegal warrant for tue
apprehension Of your petitioner VINO Is charged t1er1
and brought into Canada from the United states %
moneys to Wit, into ths district OF SOh1ea S NJ & -,
having In his essOn portion Of nohey 20 egeu 10
have been stolen by the petitioner himself mat your pc
oner a. INNOCENT of the said charge that he has been
vsed mai fbe offence with which be is charged is not
an ndicabr offence according TO tie laws OF Canada
| and tnat your petitioner has been informed ana
believes that bif Of indictment for such pretended or
fence against your petitioner yesterday suDmteu
TO the Grand Jury for the District OF Montreal pnt was
withdrawn by the counsel OF private prosecution because
the said Grand jury about 10 reject the Dill Wrre-
fore your petitioner prSys that your honor
viii le pleased to order a WITH OF
habeas coruus 10 directed to the SAID Thomas Gaze
commandg hin have the body OF your petitioner be
fore Your Honor etc. etc. aud that upon the return 10
said writ being fled, vour Honor viii be further pleased
10 order your petitioner to Dee discharged out 81 h- Gus
ndy OF the said Thomas Gale and restored to MS I'D
crtV."
Here follows the usual jurat signed by Emo
Dunbar said that the charge was founded on clause
OF the statute which had counterpart either in Amer
lean or English jurisprudence. MI Irvine said that the
object OF delaying get Eno away to Montreal
To have proceedings Instituted there for extridon CD
lection having been taken tine character Of the pro-
cecdngs the counsel for the prosecution sail tht hcre
were eiiht or ten Witnesses In Montreal,
| and Il was desirable to have the case
sent there. The witnesses in New-York could
also reach Montreal moro easily than Quebec Mr. Irvine
said admitting all that had been SAID Dy Fancy as 10 nat
the witnesses in Montreal could prove they c0ua no snow
that money in the possession ~ Fac was nor honestly
came by. The judge granted the VIII returnaDe To-
/ uTats N IN