Legal Opinion

Ex parte Kaine

U.S. Circuit Court for the District of Southern New York

Decided April 25, 1853PublishedCited by 25 opinions

This was a habeas corpus before Mr. Justice Nelson, at chambers [on the part of Thomas Kaine]. For the report of the case in the supreme court, see In re Kaine, 14 How. [55 U. S.] 103.

1Opinion of the Court

NELSON, Circuit Justice.

The prisoner was originally apprehended on the 15th of June, 1S52, under a warrant issued by Commissioner Bridgham, under the treaty between the United States and Great Britain, of the 9th of August, 1S42 (S Stat. 572), on the application of Mr. Barclay, the British consul at the port of New York, upon a charge of assault upon James Balfe. in Ireland, with intent to murder. Upon hearing the allegations and proofs, the commissioner, on the 29th of June following, found him guilty of the charge, and directed that he be detained in custody, in pursuance of the provisions…

2Cases cited1 opinion

  1. Mercein v. People ex rel. BarryNew York Supreme Court · 1840

3Cited by25 opinions

  1. McCleskey v. ZantSupreme Court of the United States · 1991
  2. Sanders v. United StatesSupreme Court of the United States · 1963
  3. Wilmer Yarleque Ordinola v. John Hackman, Acting United States Marshal for the Eastern District of VirginiaCourt of Appeals for the Fourth Circuit · 2007
  4. In re SnellSupreme Court of Minnesota · 1883
  5. Archie Nathaniel Biggers v. William S. Neil, Warden, Tennessee State Penitentiary, Nashville, TennesseeCourt of Appeals for the Sixth Circuit · 1971

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