glish courts
and did so, securing from the Court of Queen's Bench at Westminster an
order to bring Anderson there. In the meantime the case was carried to
the Court of Common Pleas in Toronto and there on February 16, 1861,
Chief Justice Draper acquitted Anderson, for the following reasons, as
quoted in _The Toronto Leader_: "In the first place, the magistrate's
warrant was defective inasmuch as the words used in the warrant did
not imply the charge of murder, though perhaps expressing more than
manslaughter; secondly, the warrant of commitment was also defective
in not adhering to the words of the treaty."
It would take long to list all the meetings, petitions, resolutions,
and protests that were brought forth by the Anderson case. The
Anti-Slavery Society of Canada, with headquarters in Toronto, was, of
course, active throughout the whole case. Early in January it was
reported that a petition signed by more than 2500 people had been
forwarded from Montreal on behalf of Anderson and from elsewhere in
Canada came similar protests.
With the decision of Chief Justice Draper the Anderson case was closed
and the fugitive disappears. As a result, however, of the unseemly
action of the Brantford magistrate the Canadian law was revised so as
to take from the control of ordinary magistrates jurisdiction as
regards foreign fugitives from justice, leaving such cases with county
judges and police justices.
FRED LANDON.
THE PUBLIC LIBRARY,
LONDON, ONTARIO.
FOOTNOTES:
[1] On March 27, 1861, certain Howard County citizens petitioned for
money advanced by them to prosecute Anderson in the Canadian Courts
(_Session Laws_, 1860, p. 534).
[2] For Mrs. Haviland's story see her book, "_A Woman's Life Work_,"
published at Grand Rapids, Mich., in 1881. Anderson's story as told to
her is found on pages 197-8.
[3] See _The Toronto Globe_, Nov. 14, 1860.
[4] Quoted in _The Toronto Globe_, Nov. 29, 1860.
[5] _The Toronto Globe_, Dec. 3, 1860.
[6] _Life of Sir John Beverly Robinson_, London, 1904, pp. 326-7.
[7] The proceedings of this meeting are reported at length in _The
Globe_ of the following day.
[8] Article X of the Ashburton Treaty, dealing with extradition, reads
as follows: "It is agreed that the United States and Her Britannic
Majesty shall, upon mutual requisition by them, or their ministers,
officers, or authorities, respectively made, deliver up to just
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