In Re Kaine
Supreme Court of the United States
On the 14th"óf June, 1852, Anthony Barclay, the British Consul at New York, addressed to Samuel It. Betts, Judge of the District Court of the United States for the Southern District of New York, and to any commissioners authorized to perform judicial duties in the matter, a requisition and complaint.
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On the 14th"óf June, 1852, Anthony Barclay, the British Consul at New York, addressed to Samuel It. Betts, Judge of the District Court of the United States for the Southern District of New York, and to any commissioners authorized to perform judicial duties in the matter, a requisition and complaint. It set forth, that it had been represented to Mr. Barclay, and was believed by him, that one Thomas Kane, or Kaine, or Cain, then of Cooleen, in Ireland, did, on or about the 5th of April, .1851, fire a pistol at ope James Balfe, with intent to murder him; that a warrant to apprehend him was…
1Opinion of the Court
*108Mr. Justice CATRON.
The facts adduced on the part of Kaine, the applicant for our interference, show that a complaint was made out in due form by counsel, at the instance of the British government, through its agents, to secure the surrender of the fugitive; and that Mr. Barclay, the British Consul at New York, was specially employed, by direct authority of the British Minister, accredited to this government, ■ to take the proper steps, according to the tenth article of the treaty of 1842; and furthermore, an officer of the Irish constabulary, who was able to identify Kaine, had been sent to…
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