Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1839-09-26

Judge TBoMpsoN not having arrived. At
the close of his lIonor's charge TO the Grand
Jury, he said he should not do more than adj
vert 10 an important case that would come
before them, (the case Of the blacks on board
the Ainistead,) on which Judge Thompson
would charge them when he arrived, and
they would therefore hold themselves liable
TO assemble when required, should they have
disposed of all that was before them before
his honor come.
The Court met this afternoon on the nrri-
val of Judge Thompson, and Immediately af.
ter adjourned until tomorrow morning ut 9
o'clock.
Correspondence Of the Commercial Advertiser.
HARrroRp, Thursday Evening, Sept. 10.
THE AMIsTAD.
The case of the Africans makes little pro.
gress and if the rate at which il has-hiiherto
advanced is to be taken as criterion for the
future it is easy enough to perceive that there
s work already laid out, sufficient to keep
the lawyers IN business for couple Of years
at least.
Yesterday, by way of pushing on mntters
Il little, Mr.. Staples moved for and obtained
habeas corpus 10 bring mp the three girls,
and have cause shown why they are detsined
in custody. This morning another chapter
was opened in the District Court, by the
filing Of sundry libels and claims, the cata-
logue of which is as follows.
]. The original libel of Lieut.. Gcdney and
the officers and crew Of the Washington,
against the schooner Amistad, the cargo and
slaves, for salvage.
2. The counter claim Of Pedro Montcz to
4 hn 81. hnu hnta I,
slaves legally purchased by him at Havana,
and whom he prays to have restored to him,
or 10 the representative OF his sovereign.
3. Tho claim Of Jose Ruiz to the other
Africans, on the same grounds.
4. The claim Of Captain Greene and some
others, alleging that they had something TO
mandng salvage
s. A libel by Montcz, similar in tenor to
his claim.
6. A libel by Ruiz, similar also to his
claim.
Z. An application to the Court by the dis.
trict attorney, setting forth that formal and
official application has been made 10 the go
,ernment of tho United States, by the Span
ish minister, for restitution of the vessel,
cargo and Africans TO him, as the representa-
i've w uSI W
certain treaty stpulalions alleged TO exist
between Spain and the United States.
And finally, application from the Spanish
Consul for leave hereafter to put in libel or
claim to the vessel and cargo, in behalf of
tivcs of the captain who was killed.
This afternoon return was mnde to the
habeas corpus 1t was exceedingly voumi-
E,,fh oil tho cnnhinns under r
which the three girls arc held, to wit the
of piracy and murder, and of the three girls |
as witnesses, for want of rccognizancc the
libel Of Lieut.. Gcdney the libel of Montez
and the application of the district attorney
ON behalf the United States-which, by the
way, piays an order for the surrender Of the
Africans to the Spanish minister, or to the
government of the United States for recon-
veyance u Africa, us TO the Court shall seem
meet. -4
When this return was made Mr.. Staples
asked for time TO examine it., which was
granted. The argument upon it will perhaps
come on this evening. perhaps Tomorrow
morning. Iapprehcnd iha. nothing will come
Of this movement, rs the return is no doubt
sufficient, prima facie.
A pretty strong intimatiOn was thrown Out
this morning, by Judge Judson, in the Dis
trict Court, against the validity of the libes
for salvage as against the Africans, on the
ground that only property could be liable for
salvage, and that these men could not be re-
gardcd in this state as property.
a decree for salvage, he said, could only
be carried into execution by sale of the
property saved and he did not see how
sale Of these negroes could be ordered or
take place in Connecticut This you will
perceive has an ugly squint adverse to the
rCtensions of ScnOrs MonteZ and Ruiz.
The girls were brought into court, with
the return to the habeas corpus. One of the
poor little things was frightened half out OF
her wits, and lifted up her voice and wcp,
stoutly. She was fully impressed, the mar
shal said, with the idea that they were TO be
sold, or killed outright, and the colloqnlal
communication between her and her Keepers
not being very perfect they could not set
her doubts and foors at rest. The other two
looked rather sober, but their hearts were
not SO utterly cast down as was that Of their
companion.
The Circuit Court has been engaged, yes
terday and to-day, upon n case in which An
son &. Phelps OF New York was defendant.
1t was q suit by Mr.. Palmer, for damages
upon breach Of contract. lie had contract
ed with Mr.. Phelps, in 1896, 10 build ii
houses in New York, furnishing all the ma
tcrials, for which he was to have $92 2O00.-l
A short time after lie had commenced upon
the houses, the crisis of 1887 came on, and
Mr.. Phelps notified him that he should not
be able to make the payments Stipulated
rhercupon Mr.. Palmer left of work, took
away his materials, and in due time com
menccd his action for damages. Judge
Thompson charged very strongly in favor Of
the defendant; hut the jury, after being out
some 8 Shours or more, have just came in with
verdict for the ploin,lff:-one hundred dol
lars damages. A poor business for MIR. Pal
mcr.
The grand jury has been hard at work oil
day, upon the indictments against the Airi
cans, but rs yet without any special charge
from Judge Thompson. have understood,
this evening, from one of them, that they
will probably come into court to.morrow-or
perhaps to Dight-to ask instructions. They
have had the Spaniards before them all day,
and also Lieut.. Meade, and other Witnesses :;
and have committed to writing great mass
Of evidence.
SP. NJ. The Court has adjourned, and
nothing moro is done.
HARTroRD, Friday Evening, Sept. 20.