Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1829-03-24

appeared Court, .oI ihe purpose vi s;tDuiit-
ting to the decision oil Judge Davies on the valiji-
~ OF the return yesterday to the Habcas Corpus.
The return yesterday was, that the body of Ste
pheDscn was not i'll their custody at the date OF
the writ, or since-or was in their power or con-
troll. We have not the precise words before us,
but are informed that suci, the nature OF the
return. The objection to this return, we learn.
was, that il was insufficient because the afr
davit OF Mr.. Lloyd, upon which the Habeas Cor
pus issued, stated that Stephenson had been lille
gdNy orrested' by the persons named in the Ita-
beas Corpus, and 10 whom il was directed. This
the point for decision OF the Court this morn
ing; ant Judge Davies has decided, that the re-
turn OF yesterday was insufficient, and that the
parties must respond to the charge, that Stephen
son had, or had not, been arrested. limo was
asked and given until to morrow, ten o'clock, to
the parties, to amend their return, to take such
other course as their counsel might advise.
The following memorial, relative to the abduc-
ton OF Rowland Stephe nson, was forwarded this
day 10 the Governor Of Georgia.
To has Erceleacy JoIn Forsyth, Gorcrnor Of
the State Of Georgia
The undersigned citizens Of Savannah beg leave
respectfully to state TO your ESccllency, that Mr..
Rowland Stephenson, banker of London, 10 c.
wade the consequences of bankruptcy in said city
OF London, fled 10 this republic, and sought
huge and protection under our laws, until he
could wind mp his affairs and return i'll safety TO
Eng land-That under this impression, and indeed
being advised that there treaty or conven-
tionai arrangement between the British Govern
ment and the United States, by virtue of which
he could be surrendered up for trial, other pur
poses in England; and there being local law by
which any species OF criminal process could ever
issue against him, Tor any offence committed be-
You'd seas in foreign state-U nder these impress
sons, and with this advice to the law, the said
Stephenson arrived in this port few weeks ago. for
the purpose OF seeking refuge and asylum, and
being protected under the established laws of the
STATE from any arrest for an alleged offence COM
q aud a..
ing taken up temporary residence few miles
Iron, this city, was this morning at one o'clock,
lorcibiy arrested and placed on board pilot boat
Called The virginia, owned by one Wright White,
pilot oil this port; which, before any certain in
formation could be obtained for the interposiliou
oil legal authority TO rescue the said Stephenson
from the false Imprisonment and kidnapping sailed
thls morning, supposed about hive O'Clock, destin-
cd, as isreported, for New York. with the expec-
tation oil receiving the reward offered in the Bril-
tlsh prints tor the apprehension OF Stephenson
he undersigned, indignant at the outrage offered
10 The principles OF our civil liberty and the laws
oil The State, pray your Excellency to demand of
the Governor OF the State of New-Eork the per-
son OF said Rowland Stevenson, he having been
kidnapped when owing temporary allegiance to
inc government oil this State, and protected by its
laws.
.Sardnnah, March I'm, 1929.
| March I4.-This day tie parties implicated in
taking and carrying away the banker, Stephen
son, amended their return to the Habeas Corpus;
in which they state, tina, Mr. Stephenson scuS ar
rested in Ethngham county, and delivered over
10 "m' W Oates, zone oil the parties also mpli-
| cated,) who, with Stephenson, was put on board
| pilot boat, which was at sea, on its way to New
! York This was the substance of the return as
far as we could hear. The Court, however, we
are informed. subsequently, gave permission 10 re-
form the return, by omittng some parts of /,
which might crimnate the parties, if the return
can he used as evidence against them, on an in
dictment to be preferred against tern in Ef5ug-
ham, or this county, in May next, for the abduc-
ton and aggravated false imprisonment The re-
suit has satisfied the public curiosity as TO the man
ner in which Mr.. Stephenson has been dispose d
OF, and the object of the writ has been attained.
The objections 10 this amended return, were
LIST. That it did not state that Stephenson was ar
rested by the persons charged, but only that he
had been arrested IDLY, Tina, il did not state the
authority by which he was arrested: And, 3dly,
That 1t did not state the authoDty, Oates had 10
! receive the body OF Stephensou.--We believe tina;
these were the objections.
\ criminal prosecution has, we understand
'as. a-...'"~"e cd agalnst the parties Implicated
The counsel for the HabeAs Corpus were
lessrs. Charlton, McAllister, and Harden. For
me persons named in the Habeas Corpus, Messrs
Nicho, oweas, Gordon, an. Cuyler
Republican,
From the ": ]. Commercial of 18th March.
ROWLAND esterday morn
ing our news Collector boarded, i'll the lower bay,
d small vessel, which the Captain reported 10 be
from Norfolk. The Collector, knowing the YES
| sci to be from Savannah, and seeing two gentle
men passengers, suspected that one was Stephen
son, and his suspicious were confirmed before he
lett the vessel; out on condition that it was not 10
DC known until certain period, in the City. We
! however, had an opportunity of communicating
! to our London correspondent, by the Cambria
Stephenson appeared greatly detected, and ON our
collectors entering the cabin, lao hid his face in
his cloak.
| How Stephenson was arrested near Savannah
and by virtue Of what pretext or authority he was
brought here, =" know not. Civil process only
can have been seI ed upon hin. BY virtue of
what authority he has since been secretly kept
III the custody Of the High Constable, we are e.
quaiiy at loss to know. The current rumours
and statements in the morning papers vary. The
Journal OF Commerce says, that OH the Sayannah's
ancboring oil the battery
'lhe English Consul had already been notified
| from The vessel, and was on board with the high
| Constable Hayes. who had arrested Stephenson
upon sundry writs for large sums OF money! The
prisoner was Immediately conveyed 10 the resi-
dence OF merchant, where he was treated with
all the com missera;ion which his unhappy condi-
lion called for. He appeared worn out with anx-
icty and fatigue, and extremely detected and mis-
cradle. Such has been his distressing anxiety.
that Tor nine weeks his linen had not been chang
ed. During the conversations which were had
win nm las evening, he wept very freely, and
| spoke with much appirent emotion OF his chill.
dren, but made no disclosures with regard to the
immense amount OF money, which through his
means, IS so mysteriously deficient. lie Welded
himself peaceabiy to the High Constable and
seemed ready TO comply with whatever might be
proposed to him.
owe are informed only, that lie was arrested
in the neighhorhood Of Savannah about the, IA, of
March, and Immediately conveyed on board the
pilot boat; and that among the company of the
boat' there Is no one who wears the appearance OF
rfff, Of 10. 4