Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1839-10-24
Superior Court.

Before Chief Justice Jones and Judge Oakley.
WEDNESDAY, Oct 25.-ln the of Ruiz ana
Montez, arrested AZ The suit Of ne african negroes
Mr. Purroy appeared, agreeable to notice, to move
for the discharge Of the above defendants out Of the
custody Of the Sheriff. giving common bail. The
learned gentleman read several lengthy affidavits
from the defendants and others, from which we gath
cred the following particulars
Jose Rs1 at present OF the city of New York. being duly
that he arrested the 7h day Of October
by capias efeea OF assault and false ent
brought BY Fah That depoHeut furtf says tina,
he taken and confined jail this city, where he
and further that the person above named styled or
Fulah The plaintiff in th. who negro, the pro
pery OF this deponent who reden Of Puerto Principe,
the Island Of Cuba and subject by birth Of the Queen
Spain That this deponent publicly and lawfully purchased
the said plaintiff Havana the said IsaId Of Cuba
about the 25th day Of June $780, That slavery now, and
always has been tolerated and allowed by law and that sa.
very recognized and protected BY law That the time Of
the purchase the deponen did know In. plaintiff
African ny birth and doss know it That he pur.
chased him the in which all other slaves
purchased Havana and thus legally acquired property
him. And this deponent says, that at the when par
chased the plaintiff dePonent purchased Also in like
several other negroes all to the number 81 That AFTER
the purchase deponsnt before the Of Cuba
exhibited to him sufficient proofs Of the legality Of pur-
chase OF the 40 negroes and the Governor granted
TO take them board the schooner and 10 transport
facm TO Puer To Principe.
And this dponeEt that he has engaged
the trade Of importing negroes, and further that
that the taken board BY night and that they
all embarked the 18th Of June the presence
persons and among the ships port English and
American vessels Of war-thatthe all board vii
BOARD the schoonsrthat the negroes in irons;
they tied board perfectly loose and
the deck they Pleased That there
on board. That not true that they kept insult
allowance Of food neither before after aud
the murder ohe whtesby the negroes That in the stores Of
said schooner and the cargo the following among other
articles oprovons via 5olbs ground coffee 5o0bs
gar cw Of bags Of beans 10 barrels OF biscuit sdorsn
oiows 250bs Of erkea beef barrel lunches
OF bananas barrels Of sweet potatoes, freh beef days
Ia demygohn OF wine casks OF WATER 40 Of verm
ese jbsg, beans $500 lbs erked beef Is sore, Of
rasn. besides olive oil other esbs. That Tor nearly
SIXTY the said sehoooer under the centred OF the
and subject to their will and caprice That as, m.
revolt negro named Jose, bat who snouah
assumed the command and frequently whipped the other
groes FOR dsobsy his commands and that deponsn
Nousz frequently nierposed TO prevent said And
that before the muny refused negroes
That entirely false that clothes washed In fresh
and also untrue that the whipped nv
orders oth dcpoDeater and ever rubbed int
the wounds That this whipped struck the
groes nor the captain or crew schooner strike the
negroes and that a done II without pry,ty or
knowledge % said aeponent
mis- asponss,ays that the third day after their de-
paure from Havana the forty nine negroes suddenly
the and passenger arminy the mseves with hnvc.
two aud hall feet long by two and half inches wide
murdered the cook and the bode.
That the two sailors conrived 10 escape thus leaving on,
white board to wit: this depcsent and the sad
Pedro Monter who an old gentleman sixty yesrs Of age
Ths, from the time ssd murder deponen and oner were
completely the power Of the forty nine negroes until cap
ured BY the brig Washington and that at sr the negros.
refused give this dcposent and Msntez any meat or drink
That plaintiff aud the other negro times attic pea 10
kill Moutsx, had occasion IL fall on his knee.
ans kiss The feet Of the ring leader before he would spare
his life.
That deponen cannot account for the apparent .hood
contained 10 said affidavit made BY plaintiff negro called
Kmbo held deponent 10 bail 10 th. cause than fran the
very imperfect In which such adav, have been
procured
That this d.pouen believes th. suit ha. sesp h
the knowledge Of the plaintiff who very ignorant, and
that this depcnent believes II 10 have A. The SOL
c,ts'ion and nst,saon Of certain individual known
Lewis Tsppan who took 10 the Sheriff. Office the capias
writ which doponen and the said Pedro Mouter were
arrested and that said Tappan afterwards sccompanied the
officer who arrested this deponent and Monter and went up
into the bedroom Of the latter That this deponent believes
that this action altogether veraous and calculated merely
10 harras this dcponen with the intention on the part said
Tsppan and his conJerae 10 force and rghsen the sd de-
ponen and the sad Monez into abandoning their claim for
their property now ,gatne before the United States Court
Of Consectcu and preventing them from producing certain
prcosn seaport thereof BY the I'd Tuesday OF Ncvembr
Tine anidavu was also read from Pedro MoHtez.
| TO BY Jose Ruiz. Also one from Josiah Kecne, the