New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1884-06-03
MIR. EMO STILL IN CUSTODY
DISCHARGED AND ARRESTED AGAIN.
THE ORIGINAL WARRANT DECLARED INSUFFICIENT
PROCEEDINGS IN COURT.
lBY TELEGRAPH TO THE TRIBUNE. ]

Ihb OllGlNAL WARRANT DECLAhED iNoOfriOHN'A-
PROCEEDINGS IN COURT
lBY TELEGRAPH THE TRIBUyE.I
QUEBEC June 2-The case of John c. Emo came
up in Chambers this morning before Judge
Tessier. Mr.. Emo came In charge OF High
Constable Gale. Among those present were
q large number of local lawyers, General
Hubbard, of New-York, and G. II. Holmes,
Deputy United States Marshal Mr.. Pelletier rep
resented the Crown Messrs. Davidson and fitzpat-
rick the prosecution, and Messrs. Dunbar Irvine,
Tessier, son of the Judge, and Curan the defence
Mr. Dunbar contended that the warrant was illegal.
In the first place, the district not mentioned
secondly, the information of Fahey and Bissonnette
was not sufficient, and thirdly, the pris-
oner had no stolen money with him as rep
resented in the warrant. 1t did not allude to
Emo but to Hinckley and others. Mr.. Irvine made
reference to the Ashburton treaty. showing that
under that offence a person could be eXtradlted,
but he failed to see any bearing it had upon the
prisoner. Mr. Emo should therefore DO discharged.
Mr. Tessier cited number of authorities bearing
on the defence side of the case.
Mr.. PelleUier said that, this being private prose-
cution, there was no necessity for Crown interfer-
ence. Mr.. Davidson, for the bank, resisted the
application. and gave numerous authorities and
precedents. The warrant was in every way regu-
lar and pertinent. Mr.. Pelletier, in behalf
of the Crown said he thought that if
the prisoner was to be tried this
was the proper place for the trial, and
not Montreal. Mr.. Fitzpatrick took a similar
view. The Judge took the case into dellberati0n
till $3.50 p. m, when he reviewed the facts and ar
guments and declared that the warrant was utter
y insufficient The prisoner was not pan arrested led. as as
defauter from the West Side Bank.
The result was received with applause. High
Constable BissOnnette amid much excitement at
writ rO n DOlica mapStrate
of Montreal, authorizing the arrest of John 9. Emo,
the charge Of stealing 81 80, 900 from the Second
of it into Canada. Mr.. Davidson said this
was new and incontestable warrant and therefore
Mr.. Emo should at once be handed over The Judge
said he had nothing to do with it, The prisoner
was discharged.
Afterargumentb by Messrs Davidson and Irvine, the
warrant handed over to the clerk of the court,
the judge saying that he would not allow the arrest
to be made while the Court was sitting, other
wise ne should order his arrest. The Judge retired,
would be in Chambers. Mr.. Irvine asked to see
the warrant, to which Blssonnette at first de-
INJURED. Davidson also objected, While he was
perusing it Mr.. Davidson objected, amid some ex-
ctement, to the delay. Mr.. Irvine said that he
had not got through reading, and that the High
Constable an insOlent fellow.
Finally the warrant was returned, and High Con-
stable Gale said he would go with his prisoner to
Police Magistrate Chauvean as he had been in in.
stTueted No sooner had the prisoner left the
the arrest. Mr.. Emo was taken before the police
magistrate, who ruled that he should be retained
in the custody of the Quebec High Constable till
tomorrow morning, and that IN the meantime the
police magistrate Of Montreal should be advised.
Mr.. Eno's counsel will resist his return
to Montreal as oToo ne feels feels be tIon Will III
Montreal. Deputy Marshal Holmes asked Mr.. Emo
If, in order TO save any further proceedings here,
he would voluntarily return, when Mr.. Emo re-
piled: mo, | don't think shall return"
The Telegraph again has an article strongly con-
demning the arrest.
HOW MR.. EMO ARRESTED.
The following Is NIr. Eno's sworn story of his ar
rest and detention:
l. John C. Eno make oath, and says follows was on
board the steamship Vancouver In the harDor OF quebec
on Friday evening last IN company with a friend OF
mine when was Informed by Adolphe BissOnette and
John ahey to whom the writ OF habeas corpus In this
cause issued has been directed that they had warrant
for my apprehension. asked 10 such warrant and
having been shown the same appeared to have been
issued at Montreal the arrest Of Charles A Hnckey
Joseph McClosky Joseph Bouton, c. T. Marshall and an
other party whose name / do not remember on the
charge of having brought into Canada money stolen
the fitv Of NewYork In the United states OF America
Informed the said constabes that my name was not IN
the said warrant whereupon the said Fahey replied that
was their prisoner and that they must search my person
and baggage which they proceeded to do but did not
find IN my possession any stolen money property. On
looking over my baggage pocketbOOks papers they
discovered my name ard said: " 20 you are John O
Emo" TO which assented. Fahey then said, am con-
WINGED this is Mr Emo and she Is not the man we are
after" The officers then withdrew for short time, and
when they returned Mr.. BssOnette sad Gentlemen,
neither of you is the man we are looking for and against
whom the warrant was issued. We sorry 10 have
caused you much annoyance, and you may continue
your journey"
Next morning May 81. Bssonette and Fahey returned
on board the steamship about o'clock The former
said he Obliged 10 rearrest me- iaving asked him
upon what authority HE produced telegram from New
York and took into custody. In leaving the steam
ship ne showed the warrant already mentioned 10 the
captain and stated It was under it that taken
shore. The said warrant Endorsed by the Judge
OF the Sessions at Quebec. until some hours after had
been brought to Quebec as prisoner.