The Daily Times.
Liverpool, Merseyside, England, 1861-01-16 00:00:00

. .
sister-in-law, on his statement that be was in the enjoy- THE CANADA FUGITIVE SLAVE CASE.
merit of a clear income of £5OO a year.
By the Judge—How often had they seen each other ? (Sittings in Banco, before Lord Chief Justice Cockburn
Witness—Almost every day the fortnight before he and Justices Crompton, Hill, and Blackburn.)
proposed. In the matter of John Anderson, a prisoner in the
By the Judge—ln what way ? gaol of Toronto, tipo'ht Lewis Alexis Chamerouzow,
Witness—At his father's house. Secretary to the British and Foreign Antt:Slatery
By the Judge—You accepted the proposal at once ? Society.
Witness--Yes. I saw she was very much attached Mr. Edwin James, with whom was Mr. Flood and
to him. Mr. Gordon Allen, applied to their lordships, in the
The defendant's letters were then put in and read. Court of Queen's Bench yesterday, to issue a writ of
This was the piaintiffes a ise. habeas corpus ad subjicicenduni, to be directed to the
Mr. liiiddlestone siiijniitted there was no breach. The Governor of Canada, or to the gaoler and sheriffs of
defendant had written to be absolved from his contract; Tortinto; to bring tip fhellcld:' of John Anderson. The
and hat received no tinsW4: learned counsel moved noon the followidg afildatit of
The Jury returned a tefdidt for the plaintiff— Lewis Alexis Chaff eriinicieff of No. 27, NeW Broad=
• damages, X 25, street, in the City. ofA ()nada, secretary to the Anti-
Slavery Society, who saith
" That Ist. John Anderson, of the city of oron o, in
Her Majesty's province of Caucedy, a British subject
domiciled there, now is, as I verily believe, illegally
detained in the criminal gaol of the' said city there
against his will, not having been legally accused or
charged with, or legally tried or sentenced, of the com-
mission of any crime, or of any offence against or recog-
nised bs> the latts to &fee in the said province, or in
any other pait of her Majesty's dominions,: of riot being
otherwicii3 rails to be imprisoned or detained tinder or
by virtue of any sitcli late. 2nd. I Verily beliel'e that
unless a peremptory writ of habeas iorplis shall imme-
diately issue by this honourable court, the life d the
said John Anderson is exposed to the greatest and
immediate danger."
The learned counsel contended at great length that this
court had the power of issuing this prerogative writ of
the Croton to Canada; and reminded the court that it
Was easentiallY tiecessaiy they slioitid decide the ease
that da-Y, oriel fer th ifrit to go out by to:ittorrow's mail
(should they decide in issiiitig it!'; of itt alt prob'ability the
man's life will be sacrificed. What he tv.,j6 e:slted fOr
was, a common-law right belonging to every English-
man illegally detained within her Majesty's dominions.
It was sworn in the affidavit that Anderson was illegally
detained; that he was innocent of any crime known to
the law of England ; that he had been tried by no tri-
bunal; and that he was a British subject resident in her
Majesty's dottlinitins; It was trite there had been an appeal
on the Or; of Andergeti to the loeal Odd for a habeas
Zorpici, which irfas I:einied; 'gild kethitted to
prison; but that was no argument against the issuing St
the writ. If the courts at Westminster had concurrent
jurisdiction in the issuing of habeas corpus, a fortiori it
had in that of the colonial courts. Canada was merely
a colony of the Crown of England, and was subjected to
have these writs issued, He submitted that the Crown,
hating power of exercising that authority, it could not
be abridged tit implitation tit the institution of another
edith ba+ing 6thicnifenl
The Lord Chief jitoice eitliresded M Nlith
reerence to the difficulty of enforcing the order of tilit
court in.ganada. if the Colirt of Queen's Bench of
England had noPower to enforce the eiecntion of the
Writ, to hint there was some doubts about
their power of issuing it.
Mr. Edwin James said he thought there W6iild be no
more difficulty in executing the writ in Canada than
there had been in instances which he cited, where writs
of this kind had been executed in Jersey, the Isle of
Man, and St. Helena,
Their lordships retired to consider their judgment.
After all abserite of about a quarter of an hour, their
lordships tetnrned into eddrti and
The Lord Chief Jtistim dkii•Yeted the judgittent. lie
said—We have considered this matter, and the result of
our aniiotis deliberation is that we think the Writ
ought to issue. We are at the same time sensible of the
inconvenience that dray res Ult fro& the e±ercise
of such a jiirisdidtion. *e are quite sensible that
it might be felt to be inconsistent with that higher
degree of colonial independence, both legislatittlY
and judicially, which has happily been carried
with effect in modern times. At the same time in estab-
lishing a local judicial authority, the legislature has.
not gone so far as expressly to abridge any jurisdiction
which the courts in Westminster-hall might possess
with reference to the issuing of writs of habeas corpus
to any of her Majesty's dominions; and we find that
the existence of that jurisdiction in these courts has
been asserted from the earliest time, and exercised
clown to the latest period, We have) it on the
authority of Lord Coke, Lord Mansfield, .131ack-
stone, and Bacon's abridgement, that these writs
have been issued and are to be issued into all the
dominions of the Crown of England, wherever a sub-
ject of the Crown is illegally imprisoned and kept in
custody not only have this authority on the dicta of
eminent judges and the assertions of text writers, but
the practical application of the doctrine from the earliest
periods down to modern times. The more remarkable
cases are the instal-tees of writs having been issued into
the island of Jersey, the Isle Of Man, and St. Helena,
and all these in very modern times. Not only hate they
been issued as a matter of authority, but they hate
been harried into effect as a matter of practice, and
that even where there was an independent local judi-
cature and legislature, the writ of habeas corpus has
been issued in those dominions of the Crown. We feel
that nothing short of legislative enactment can deprive
this court of such a jurisdiction, and warrant us in
omitting to put into effect when callcd upon to do so for
the personal liberty of the subject. It may be that the
legislature had thought proper, in its wisdom, to leave
concurrent jurisdiction between this court and the
colonial courts, as Mr. James had properly pointed out,
with reference to the issuing of various writs of habeas
corpus. We, however, can only act upon the authorities
that have been brought before us, and we feel that we
should not be doing our duty if we withheld the writ.
The writ must therefore go.
The writ was accordingly ordered to issue

THE REV. MR. BELLEIrS DIVORCE CASE

PAINTING A WHITE GIRL TO MAKE
HER A SLAVE.

One day last week a gentleman of this city hailed an
up country boat, the Cora Anderson, as she was passing
Greenville, Miss., whither he had gone on business, to
return home. Shortly after being under way our
Natchez friend obierved a pensive-looking little girl,
aged about nine or ten years, whose black hair and
yellowish brown skin would indicate that she was a
mulattress. There was something about her that in-
terested him, and he inquired of the captain concerning
her. lie was informed that she was a slave belonging
to a man on board, whom the captain pointed out, who
said he was taking her to New Oilcans to sell her, he
having bought her for 0160 in North-Western Missouri
on the borders. Our Natchez friend eyed the little girl
and the border man so closely as to attract the attention
of the latter, with whom he was soon engaged in con-
versation concerning the child, interrogating him in
such manner as to elicit answers not always agreeing
with previous statements, and evidently alarming him.
This was suspicious. The little girl was taken aside
and examined. She said she was an orphan, and had
been taken from an asylum in New York by this man;
that her hair was light and her complexion brunette ;
that this man told her he was going to the South with
her, where, as his adopted child, she would have a good
home ; that black hair was preferred in the South,
and prettier than hers, and that he had taken her
to a barber and bad her hair dyed black. Ile
also told her that if she would allow him to put
some yellow dye on her skin that her complexion would
become much whiter in a few days, and that he had put
the stain on. On hearing these statements, the girl
was taken charge of by the captain, and potash, soap
and water being applied, the dyes were taken off, and
the light hair and light complexion brought to light.
The pretended master was seized by the excited passen-
gers, who were about to deal with hint summarily, but
it was finally arranged to lock him up in the stateroom
until the boat should land. In the meantime the boat
had passed St. Joseph, and when a few miles below
that town, rounded to to take on wood. At this point,
i
how or in what manner s not known, the border ruffian
escaped from the boat, leaving his baggage behind. The
girl was taken by the captain to New
.Orleans. and
placed in one of the orphan asylums ta that city.—
Natchez (Miss.) Free-trader, Dec. 12.

NOTTINGHAM CHAMBER CV COMMERCE AND THE
FRENCH TREATY AND COTTON SUPtLY.—A. meeting
of the Nottingham Chamber of Commerce was held on
Monday, for the purpose of receiving the reports of the
pro-
ceeded to Paris in connection with the Commercial
on the whole
delegates from the lace and hosiery trades, who
Treaty. The reports of the delegates were
favourable, and strong hopes were expressed that the
results of the treaty would be highly favourable to the
Nottingham trade.
DARING GAROTTE ROBBERY AT WORCESTER.—An
extraordinary robbery of this description took place at
Worcester on Friday night, the thieves succeeding in
carrying off a booty of £220, and they have remained
undiscovered. The victim is Mr. Fleming, son of a
hay and corn dealer, of Worcester, who gives the follow-
ing account of the transaction. He states that he had
been to the neighbourhood of Dudley to collect accounts
for his father, and returned to Worcester by a train on
the West Midland Railway, arriving there at forty
minutes past eight, p.m. On leaving the Worcester
station which is in the suburbs of the city, he had
scarcely got out of the station yard when he was set
upon by three men, one of whom, coming behind him
unawares, threw his arm round his neck, clasping him
tightly, while he placed the other hand over his mouth
and nose, almost suffocating him. One of his accom-
plices then ripped open Mr. Fleming's coat and asked
for a knife, which was handed to him by the third man,
and with which he cut off the left-hand trousers pocket
of their victim, which contained a purse with Bank of
England notes and gold and silver, making up together
a sum of £220 15s. Mr. Fleming was then thrown
violently to the ground, blood flowing from his mouth
and nostrils, and he states that had the men held him
much longer he should have been suffocated. He was
found lying on the ground by a boy who gave the
alarm, and a cab being obtained, he was carried to the
police station, and soon recovered. A sum of Os. 2d.
was found in the road, but the remainder of the
.£220 15s. was carried off by the thieves. The spot
where the outrage was committed was within a stone's
throw of the railway station and of houses. Cabs and
cabmen are always waiting at the station, and at about
this time there were two trains about being despatched.
The police have made no capture, though it is said that
parties are suspected.