Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1840-02-27
superior Court.


Before Judge Talmage $3.50
FER 26.-James ". Higgins, ct ais vs John HILL
yC:-Ihis was an action of trespass on the case
which the plaintiff had instituted recover the
sum Vi WOW with interest, which had been lodged
In the hands of the defendant under the following
circumstances -
Some time in the spring of 1887, a negro of the
name OF lillian Dixon, alias Jacob Ellis, was ar
rested in this city as a runaway on the claim sf Dr.
Aliander, OF baltimore, Nd. and a long and tedious
litigation came off between the lawful owner Of the
negro on the one hand, and the sefst yipi-
liant committee OF this city on the other The
result was that the man was committed to the
custody OF the Sheriff to abide an appeal to some
higher tribunal. While there writ OF hOmin, r.DIe
giandO was served on the Sheriff for the purpose
OF getting the negro released and after good deal
OF negotiating and consulting of lawyers, set
ed that the negro should go at large the vglant
Committee raising the of $500 and depositing
the same with the Sheriff as some security for the
negros safe return in the Of the appeal going
against nm Some sort of writing executed BY
the parties, and then the negro was set at liberty
Some time afterwards he came back for the purpose
OF surrendering himself to the Sheriff. when 1t APP
pears that he was locked up for few days and then
set at liberty, the Sheriff would not be at the ex-
pense OF Dixons maintenance, and he was again set
free. ,F--I ~ o =
The Vigilance Committee now sought the return
oil their money, on the ground that il was maid
70 the defendant as private individual and that his
liability had long since ceased.
For the defence II was set up that the parties had
both acted in defiance of ofthe laws Of the Uni
ted States IN conspirng together to release slave
from custody and to prevent his return the hands
OF his owner, on his exhibiting the proof Of such
ownership and identity. ..tr .l.A
His Honor charged that the only que stion for the
Jury to pass on, whether the negro had returned
! and surrendered himself in the opinion of the
Court the plaintiffs must recover, because the de-
fendant received the money under color OF his Office
which Tact alone rendered him liable. The Sheriff
had no right to receive sum Of money for any pur-
pose, but he was bound to take such security as the
| law provided, or none at all.
1 The jury, without their seats fouod a
Court alone.
For the plaintiffs, II. Decker; for the defendants,
Edw'd. Sanford and J. A. Morrill,.
Police Ofice.
The French Libeiie,s-Xavier Chabert, the great
fire king and Mr. Morrison the counsel attended be-
lore Justice Wyman, for the purpose of asking the
magistrate If he would reduce the bail from SIS 900
to the sum OF 5000 in the case of Barthelcmy.
The magistrate asked the applicants If the man
was in custodyi to which they replied ssno'' and
added, that as he was out Of the State, he would
not surrender unless arrangements could be made to
get him liberated immediately, on bail"
The magistrate said he could make no answer to
such extraordinary application, and that nothing
could be said about bail until the accused was in
n Dignifed Stranger-A negro dandy, of the
first water, known to fame by the high sounding
appclation Of Romeo D'Orsay--no relation to Count
DOrsay, though-was brought up, charged with en-
tering houses by Of false latch keys and car
rying off any thing that portable When arrcs-
ted, he had on beautiful coat, stolen on Tuesday
night, from the house Of Mr.. Cottinett, in Murray
street, and on searching him, some money and va
liable diamond was found, which had been taken at
the time
Il Stool Pigeon abandoned to her Faie.--A few
nights since, hoary headed old sinner, named Eli
ah Burnett was silly enough to 60 into the den kept
by Eliza Fisher, in Leonard street, Orange for
the purpose Of paying his addresses to her bevy of
brown and black beauties. While there, the old
sinner was robbed Of SO, yet after that he had two
oil the beauties up stairs in order to examine thcm
and not finding his money, he gave the whole posse
into custody together with black bully that Eliza
kept for her own peculiar uses. f.s' .nnr
Eliza had been up so often either |. accuser, wit
ness bailPiece, or suspected felony, that she made
light ofthe matter, and told cher cult not "to peach"
and they should all be free again So much howev-
err has been said lately in print about stoopgeoning
that begins to be unsayory, and the consequence
was that Eliza and the others committed in de-
fault of finding goo bail each Eliza swore il was
BY bad, for she herself had often been taken for
Sl,ooo But the times getting sadly out Of Joint,
and rs one OF the indcfaigables" remarked 10 her.
was OF no use grumblrng, for she like her bctters
must grin and bear II. - .f...HH