New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1847-08-05
CITY ITEMS.


,unsd thi. forenoon. Me.s, Jay and White appeared
on behalf Of the habea corpus asking the freedom &C
cordinR to law Of the slaves and Mr. Purroy opposed
The frs, point for argument Is the rs s1jEsiesH or
the h, Of judge Edwards entertain the application
being Insisted the part OF the eoun'e Of the own
e, Of the Slaves tbs, BE- has such power owing 10
Judge Dsy already having passed upon the question
and resnded the Slaves to the vessel in which they
came Til. denied BY the counsel for the slave, on
several grounds, As Mr. Purroy contests the right OF
action under the application the Judge considered be
had the affirmative that this Pon, Of the argument
be has the right 10 open and elose.
The return which Ia the tina, made to Judge
Daily and the protes, Of the Brazilian Consul were put
in BY Mr. Pprroy-to which answer was reloined on
the part Of the Slaves denying under oath that they
employed any other counsel than Mr Jay or authorized
any person to make an admission their behalf also
denying that they formed part Of the crew or ever re-
ceved wages or were treated part OF the crew On
the contrary they severely logged &e and alter
their return 10 the vessel roned and threatened oy the
Captain with punishment even 70 the loss OF lie alter
they got on, to Also an affidavit Of Nj Hopper
stating ihs, be applied for adjournment IN order not
10 act a. counsel.
Mr. Purroy on opening main tanned the position that
the proceedings had been regular before Judge Day
that that officer having remAnded them. under the
admssion) forming psr, of the crew. Legally snip
ped in Brazil that decision was final and prevents
any other Judge from entertaining similar appAcs'
ton on their behalf De con;ended that having been
remanded as part Of the crew no event had occurred
to alter the relstion In support OF the idea that
Judge f. has no jurisdiction Mr.. 7. quoted the case
of the People Mereen, 18th Wendell, and case In
30 H 6ss In the case Of Mercen be said the Court
-, Tndya IA not At 10
tain on habess corpus which been passed upon
BY another Judge He quoted the law relative TO hAbess
corpus, &c.
Mr. P was most ably replied 10 by Mr.. Jay, who re-
marked ha, this il case only affecting the liberty
and happiness Of these men, but the ghts OF the
community and the ssncity Of the law which say that
Slave shall not exist under any preext whatever onthe
soil of New York excep, when be Is afugive from some
other state when be be reclaimed By his owner
As 70 this case the proceedings before Judge Day were
wholly unauthorized By the men themselves. Judge
DAILY was anxious get out Of town, and permitted for
the case bu. two sdj3unments Having been regularly
appointed attorney for the men. he (Nr j. was unable
IN attend owing 10 Illness and his 20 the City
requested the Judge be permitted 10 present an ar
gument before him He took time to consider the sppli
cation and next day refused IT, Mr. Jay then stated TO
him that he would withdraw the writ which he had
perfect right 10 do and the case far regarded him
would have ended. but he went on and made de-
cison and now it Is contended tina, this decision ia 70
send into perpetual Slavery these two men who were
stolen years ago from the Coast OF Africa and car
RED to Brazil doctrine such set up would
break down al the advantages OF the ha5eas corpus
which was emphaucaly intended to protec, toe lives
and liberty Of individuals against the decision OF any
one man. We derive the habess corpus do trial
L.. and in Al
has been held by recent decision that 1t is the duty
of Judge 10 examine into all the facts hsbea' cor
nus notwithstanding it has been before other Judges
The case Of the People r. Mercen does not apply here
tina, was mere quarrel between parents TO the Gus
,odv of child and decided purely on iis own mer-
s Mr. Jay presented other points and made most el-
fectve and brilliant argument
Mr.. White will address the Court this forenoon
~ One of our worthest and most respectable
Gibbons Can't Ehu s. Bunker died yesterday afternoon
in this City the ripe age OF IS years He was man
full OF integrity and kind feeling Many OF our ciuzsns
will recolect him as commander Of the steamer luton
the ar,, that ever made the trips between this City and
Providence round Point Judith. Capt Bunker estao-
,bed tba, line add his great nautical skill self posses
sion and perssveriug kindness 10 all his passengers ""
be held H. lasting remembrance. As token OF respect
hoist their coors q half mast, and such we are told ia
the intention The funeral will take place from the
bon.e Of his son WIN. J. Bunker. No. 80 Broadway on
Fddav morning q. 10 ocloek-vhich relations hne
friends are respectfully invited to attend.
~ A colored correspondent writes us complain
inc o the treatment he has received from an agent o.
the TRANSPORTATION Line from New Brunswick to Jersey
Civ II seems that July 81, last Saturday he wa
axneIled from car account OF his complexion W.
-. no, informed whether the agent acted on bis owl
= motion or in compliance with the regulations oil 'n
f Compsuy Al any rate the &C, indicates low and mar
...,e q, publc feeling which in time will disappear
e ~ Mr.. j. ATWOOD is now exhibiting MS Po'
trait Of Gen Taylor in Broadway. just above f'esoe'
This ia the first picture ever taken oil us SUBJECT n
n bov. that those which hitherto been posted up
Is the ,bop windows convey false idea OF the persons
n appearance Of this distinguished soldier
Tsv Explosion os The NIAGARA-We put
u.bed d,y or two since statement in relation 70 N
IS ..,... n this event from the Coaria Enquirer Ina
&c statement has drawn forth the following sdAV' IN DC
Fl fence Of Captain Kellogg, whose conduct the Co""
= impugned
' Sat- Of Nels- York RensseidT County -. -, ,,,
Hsnrv l. Kellogg of the City Of Troy In SAID CoahtS
- being duly sworn, says that ne - 'ns - 80, =, n
nc steamboat Niagara and was on board sau oo a. -
a. time of the accident which occurred on oaleIuay "
~ sI,t day Of July last That be never kne" OF nes
d boat having been inspected BY the inspectors VI "
" southern District of New iork-nor ava nc ever SUI
or hear that said Inspectors had decided .nt ~ M
er .s for .sd boats boilers carry more IMAM - lbs
.iearo till be saw the stated 10 the Coh'i1 4 -
oftbis morning Thathe never refused 70 frce..s e
as cate from sal Inspectors nor was any sueu |
ur offered him nor did be hear or kno" Oh auy "
~ certificate having been rendered Tor the use 9' $50
and thi. deponeui farther says ths' he uIu ~ a -
VI dav OF said accident insist on the engineer %
u,ipe more steam or say anything 10 sara ~
the subject Of using or less steam. Iua' o !,
NOT change or order 20 be changed the eesilhs "
blowers on said boat and that no sucn chsnse VI
change Ia said gearing is possible. az 'ns OD-
ut moved directly By crank connected 70 tns p'.ou
srs nj the blower engine that each reVol1uon u ~
yins makes one revolution OF the blower sn1 eau "a
no more nor less. hENni -
al Sworn before me. August J. lei' , ,,,. ~. ,,,.
nat FRANCIS n. MANN, Mayor oil the lily VI ivy
10 So,, of N,e York Cir, and COaaiy Of Na l0rs IS
\, Hosea Birsss Of the Guy OF Me-" orr oelns =.
q sworn doth depose and say that be Vas .ne 20 81
hi. the steamboat Niagara the 3l't ut ana was ~
Of her in that capacity her upward trip 70 AOAn'
oks Ana hi, aeponent farther saith that he has read
ere .,,,cis nader the editorial head In the C0LT1
=, - nj the "A instant headed The explosion