Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1839-11-01

CASE OF SPAHfARps DECIDED Judge lng!is
Yesterday made order that Senior Mon'rz he liberated
from custody on common bail and Inn, Sennr RnIz be
liberated on justified bal Of $3.50 The distinction be
tween he two is made on the point that Senior Ruiz was
the owner Of the slaves on board The Amsiad. MIR.
John g. Purr.y the gentleman Who Ins succes sfuy
conducted The Of these Spanish gentlemen intends
To appeal imme da'ey, on the part OF Senior Ruiz, 10
avoid future litigation: there bring t"y negroes con
cernpd in this matter who oil might bring similar suits
against hin, ~ Go-ete IF Saturday.
The .Imisiad Judge lnglis delivered his opinion in
relation 10 the Spanish gentlemen imprisoned hy the
Ahoonis's under color OF charge OF assault made by
the pirae Cnqurz Mon'ez he discharges on his own
rec ,cnzances and Rnz ordered 10 find bail IN S2JO
NV old friend the Dsy of Agiers. w"md long before
this Ina ve hanged The Piraesresorsd the Property to
their righruI aud bastinadoed Lewis Tappnn
This would be called Aerrine justice; hut it would have
been Justice after all-N Star Of Saturday.
What will Spain say 10 these proceedings:
CASE OF Ruiz ASD NloSTEz ADS SiSGwEH-Judge
nglis THE Court of Common Pleas, gave his decision
in this Yesterday II was on an application to dis.
charge the defendants common or nominal ball. or 10
have the amount reduced He did undertake decide
whether The plaintiff Singweh uas not the slave
OF RUIZ point which had been raised by counsel and
which if decided in favor Of The defendant, would lake
away the whole subsra,um OF the plaintiff action IN
esmurh as slave can have remedies by civil action
apnnst his master He merely assumed at this n'erlo
cu,ory stage Of the proceeding that the plaintiff suffered
under disability that would take away his right "t &C.
lion against the defendant for personal injury without
the disputed point 10 The relations OF master
and slave which involved the merits "t the whole coniro-
rprsy. The present questions were whether the atdavs
Of he plaintiff showed that The defendants had invaded
his personal rights and whether, II that TACT were esla
bished the amou nj OF bail one thousand dollars had MT
been fixed high After close examination oil The at
davis he saw nothing in Them which implicated the de
PENDANT Monsz in The slightest degree IN any assault
or battery upon or Imprisonment OF the plaintiff He
merely present at battery committed on the plain
tiff BY another person. bot there no allegation OF his
having joined n advised approved H. either before or
after its commission.
Non,ez could not therefore, be considered trespass-
er, either actually by implication, and there was no
reason consequently for his detention But the claim of
ownership by Ruiz. and his having been present al the
trespass committed on the plaiauH by another person,
with apparent consent made him trespasser, and
gave right Of action against him Under all these cir
OF the case the Court concludrd THAT the
defendant Mon,ez, be discharged from custody on FL
ing common nominal Ill, and that the amount OF
ball. which the defendant Ruiz required TO give be
reduced TO two hundred and fifty dollars "
In the Supreme Court this morning. Chief Justice
Jones decided The other African case Fush Us Ruiz
His decision is based, understand, upon the same
grounds with that Of Judge lnglIs He holds The dssen
dantto hail in the of Two hundred and fifty dollars;
thus affirming the Jurisdiction OF The court and the right
Of the plaintiff TO have the question OF his freedom and
the amount OF the injury sustained passed upon by a
jury. The amount Of bail required is, we supooee. OF
comparatively small consequence TO The plaintiff coun.
sel.-E E. Post
MOBILE The Register Of the 2Ist inst, states that
deaths have lately occurred in that city by black v"ml
Of the malignant character Some Of the persons
had but lately returned the city, and others old
residents The weather had been remarkably cool
closely approaching winter in The morning and evening
ihough there signs of frost.
slip had been received at the Mobile post office from
COLUMBUS, Mississippi, which stated that Col Byrne
the Sheriff Of Lowndes county, had been found slo
dead ahnu, mile from The town
AuGusTa.-Th- health OF this city is improving 7'pid
iinon uf he al pnI =
unr deaths by fever had occurred the past week
the plumber Of new dImni;hins-