Contributed by Susan
Description: Bank Cashier Arrested, Released, Immediately RearrestedDate: June 22 1822
Newspaper published in: New York City, NY
Bank Cashier Arrested, Released, Immediately Rearrested
Yesterday, Mr. William Borthwick, the cashier of the bank of East Lothian, in Scotland, who was arrested a few days ago and who is advertised and charged with having eloped with $177,000 of the funds of that institution was brought before judge Charlton, by writ of Habeas Corpus.
Borthwick was committed by a judge under a general affidavit that he answered the description of the cashier, who was in default to the bank of Lothian.
Judge Charlton decided that the prisoner was not charged with any criminal offense – and that if he had been, that offense would appear to have been committed in a foreign country, over which the court had no jurisdiction. There was no principle of amity, or international law which would authorize the arrest of a fugitive from justice of a foreign independent sovereignty. It must be a matter entirely dependent upon treaty arrangements. Upon those grounds, if we correctly understand the judge, he directed the prisoner to be discharged.
Borthwick, however, was immediately afterwards arrested by order of the judge on a bill in Chancery praying for the writ "ne exeat" – a discovery of the affairs in relation to the bank and for an account – and required to give bail to abide the decree.
He has leave, however, after the notice, as we are informed to move to set aside this writ of "ne exeat." The prisoner not being able to procure bail has been committed to gaol.