The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1888-10-30
U. S. COMMISSIONERS COURT
BEFORE COMMISSIONERS RAND.

MONDAY The hearing on the application for
the txtradition Of William J. Best, for assault
pobello Oct. 9th, was finished today. The argu
mehts III the case were MADE by George A. Cur
and by Hon. Henry b. Cleaves for Best ''i'S
hon; Henry b. Cleaves, counsel for Best con-
tended that the testimony of every witness in the
case shows that Best was in the store without
making disturbance; that he was there in a pub
lie place public store. He was con ing the sec
on1 linle ID peaceaDle manner making no as
ana batson tells him he don't want Linn there and
without giving him an opportunity TO 60 seizes
MN, ana az lhese witnesses say, showed him out
OF the do0r" Under sudden impulse and in
anger Ills unaTmed and crippled so dier did take
h MS IeVolyer from his pocket and fire. lie may
nave committed gTievous offence under The
law, but under the statute definition of murqer m
attempt teloniously ana maliciously 10 murder
satisfied, and satisfied beyond ali rtasonahIe
doubt, that the offence under this treaty mas been
COMMITTEEMAN attempt TO murder If the court
finds thai fact, after the court is ;tis6ed nnnn
that point, then the question Is VIII her there Is
ppoDanle cause .l 40 believe that ts respondent
Ihey must show the court, in tr to show
that TINS Is an extraditable offence, al the SD
when he fired that shot. Murder is cefincd to he
me unlawful killing Of any human being with ma
ne H. aloIetnongnt either expressed CT implied.
when one with sedate and formed design does
XIII another, which formed design is evidenced by
external circumstances, discovering ihe inward
intention; as lying in wait, antecedent menaces
former grudses. aud concerted schemes TO 90 hin,
some bodily harm. - '
Is there any evidence of any concerted scheme
ON Inc par OF This man to murder Edward Bat
son? Is there any evidence here of lying in wait?
Inc. ahere cannot be witness produced 10 testify
Inat the slightest Ill feeling ever existed between
William j. Best and Edward Me lev Batson. The
ttestnony IN this case shows that they were on
friendly terms, and the court is asked To- infer
IRON his shooting under a SUDDEN proyocation
Mhen inns man vas being pushed from a public
store thal an eXtraditabe offence has been com
mlIteu. NOT III there is DrOhal la
clIcumslal ces for holding him. but the co,Irt 10
asked to infes from this evidence that there was
an intent felonously and maliciOusly of his
malice afOretb0ught 10 murder and XIII when the
testimony shows that the shooting was a sndden
ARRAY, ahu tnat ne, IN the heat of passion dis
Where an indictment is preferred for an assault
WIN an lnteIt 10 commit murder it seems that the
intent as laid, must be fully established In order
TO support the Indictment IL is the eist Of The
offence and must be proved. e'' VI '"o
These are questions that enter into the consid
Grafton 81 This case In determining this first nnes
tion whether an extraditable offence has neen
committed. Has the Dominion government
exl ted 10 i'll and murder? We admit here thai
the law holds him TO have intended the actual
result. And VIII was the result? A wounding
which is punishable under another STATUTE and
an offence not extraditable. The government
must establish under this extradition treaty and
Sa ,ra you mat there was an intent TO commit
IIhnder ny someone. THAT is question to l. e
ueeluea by the court upon the testin ony In the
vase III lne nrst Instance whether an offence under
,ui,a,i-ss VI TINS treaty mas Deen committed:
, ~nn.nsL there was deliberate purpose and
an intent To murder. " 'A4Oo' WI"
we claim IN this case. that the evidence does
n i 1sciose mat under the terms Of the extradj
tion u,sedty lneTe was an attempt feonionsIv ana
VI ~, nance aloIelnought to kilf a. d nnrdes and
ny onlS lning tnat ne could be held for tha ni
lnlbg mat ne could be liable for der fhis ,o.y
mony, would be lesser offence and A. ofs ooi-
that is not extraditable under this tTesty 0iehce
Inc court understand you to suRstant,au
ADMIT mat II there was section there msEiay
an extr ditable offence to attempt 10 connSS,t
man laughter, that this would fail with N th,
You do not admit that there was an aitennt "
XIII or 10 ID anything more than M M? w
Mr., CleaYes-He might be held for dischareing
ms revolver with an ntent to MAIN, disfigure or
disable, The court is TO Judge of the intent by All
me evidence III the case, and by all the facts and
by considering whether the intent of TO malicious
~ XIII ana murder existed. The court must take
mo consideration any angry passion that might
nave peen excited by the a sault upon him by Ed
ware medley Batson, because if be did This Under
suuuen aggrayatlon and great proyocation pro-
duced Dy EDWARD Medley Batsan the eYfradita.
bic ofte ce has not been committed 49, ~
Commissioner Rand. in giving his decision I'D
dressed the respondent, as [, llows. ' ~"
deem the evidence against yOu under the nro
visions OF the treaty of August g. l842 between
the United States and her Majesty Victoria
Queen of the United Kingdom of Gleat Brts;n,
and Ireland, and order that you be Committed 70
the county jail in Portland, there to remain. until
upon warrant issued upon the requisltion of the