Lexington union., 1841-09-18

| negro.
Joseph M. Taylor, called and sworn
on the part of the State. Witness was
from home and returned late in the eve-
ming when he was informed by Mrs. Tay-
Ior, his wife, that MIS-. Watson had called
to see him in relation to negro of Watt
sons that was gone, he, (Watson) being
from home. Witness went 10 the house
of Watson and Investigated the matter.
He suspected from all the circumstances
that CoIey and the Prisoner had taken
the negro off. Witness went to the house
Of Jackson, informed him of his suspicious
aud got him Jackson, TO go with him in
search of tho men and negro. WIness and
jackson went on and overlook Coley, as
stated by Jackson. Witness coroborates
the statement of Jackson, in relation to
the pursuit and apprehension of Prisoner
That Prisoner said he had no hand in
getting off The negro, but the negro was to
be sold in Manchester or at the nearest
place so that he could be gotten again by
his owner; that they did not want him to
loose his negro. At the time they were
overtaken CoIey was on Prisoners horse
and Prisoner on Coley's horse. After
they met at Doty's they exchanged back
again. "They" (witness does not say
who,) stated the reason for the exchange
was that CoIey's horse was a gray and
Prisoners Of dark color. The reason Of
the exchange they (witness does not say
who, stated was for the purpose of pre-
venting Csley's horse from being seen
with the negro. Prisoner stated that he
had no hand in getting off the negro, he
was only culpable for keeping it secret
Jas. Fl. Hubbard, called and sworn on
the part of the State. Witness fell in with
Doty, a; the school house and coroborates
the statement Of Doty iu relation TO the
taking of Coley and the negro.-ThIs was
all of the testimony adduced excepting the
sayings of the negro.
Ga the 24th day of June, 1871, the
Prisoner, (together with said Gabriel Co
ley,) was brought before the Hon. Morgan
l.. Fitch, Judge of the 10Th judicial
District at the Court House of Holmes
county, on Habeas Corpus, and admit.
ed to bail, but failed to give the security
required and was therefore remanded into
custody. A certified copy OF the proceed
ngs are made part Of the Sheriff's return
and thefore fully before the court.
Lansdae for Prisoner. Kmbrough for
the State.
The first question raised, by the coun-
sci in this case, is whether the Prisoner is
entitled to a second writ OF Habeas Corpus
and hearing thereon Wills; the Judgment
rendered on the first Habeas Corpus re-
mains 10 full torce.-When | granted the
fiat for the writ, the record was not before
me; however gave it as my opinion that
if a writ of Habeas Corpus had been al
ready granted to the Prisoner 10 this case
by court or Judge, authorized by law to
grant such process, and on the hearing of
such cause the Prisoner had been remand,
ed into custody BY the judgment of such
court or judge, and the proceedings of such
court or Judge had been entered Of record,
IN term time or signed, certified and filed
IN the proper otice, in vacation and the
same continued in full force, that it would
be bar to his obtaining another process
Tor the s2me cause, unless by writ Of error
to the High Court Of Errors and Appeals,
and that il granted, such former judgment
would be bar 10 an investigation Of the
merits ofthe case on trial Of this Habeas
Corpus. A copy of this opinion was fur
nished the Prisoners counsel, which
thought would be sufficient intmaton to
prevent him from bringing the Prisoner
before me. This opinion l have not
changed. On an examination, however,
of the proceedings find that there is not
such a judgment entered of record in the
Clerks Office of the Circuit Court oi
Holmes county, puTporting to have been
rendered by Judge Fitch, on the hearing
of the former writ, as contemplated by
, law should be conclusive against the Pris
! oner, until reversed by writ Of error, and
a bar to another Habeas Corpus for the
4 same cause.
, The Habeas Corpus act provides that
"the court or judge before whom the Prls'
( oner may be brought; shall, without delay
: proceed to inquire into the cause OF his
Imprisonment, and shall either discharge
f him, admit him to bail or remand him in
4 to custody as the law ana the evidence
shall require" Justice Dulany commit
. ed the Prisoner in this case, to Jail on the
. 5th day of May, without granting hin
!, bail. OF this the Prisoner complained
= and pelitoned his Honor the Presiding
3 Judge Of the 10th District, together witt
Coley, who joined in the petition) for {
e writ of Habeas Corpus. They set fortt
n in their petition, that they were "upjustly
n detained in prison." Gt being bailabl'