Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1847-08-27
The Brazilian Slave Case.
OF THE SLAVES.

hSCAIL VI lie SLAN Els.
On Thursday last, the decision Of Judge
Edwards, in this case, was given, by which
the slaves were renandpd 10 the custody Of
the Captain of the Lembranca. In his opin-
ion Judge Edwards declared that the uues-
ton presented 10 him under the new writ of
h76eaS corpus was already res a{judicaia, and
that he was precluded frum going into any
investigation of the facts in the case and
that no new facts We're sci forth which au-
thorized any interference on his part. The
Judge relied as a precedent upon the Barry
case, in which the Court Of Errors decided
that the principle of res aijudicaia was appli-
cable to a proceeding under habeas corpus
We regret that we have no room this week
for the opinion in full. That of Judge DAILY
on the first writ will be found on the first
page.
Immediately on the decision Of Judge Ed
wards, Messrs. White and Jay asked that
the Judge would order the Sheriff TO hold the
slaves till they had an opportunity of bring
ing the case before tha Supreme Court for
final adjudication. This he declined to do,
declaring that he had not the authority. A
new writ Of haJeqS corpus was therefore pro-
cured at once from Judge Oakley, but a
hearing could not be had till Monday morn
ing.
The fear now was, that, rs the slaves were
legally in the custody of the Captain, they
would be placed beyond the reach of any
writ whatever. Efforts were made to pro-
cure a pledge from the Captain or his coun-
sci that the Africans should be permitted TO
remain in the custody Of the iAilor, but with
out success. The Captain, however, was
willing to sell them at a reduced price, and il
! pOnSlInraiInN Of tho Stata pf th, ,n,rl.. l..-
generously consented to take $500 each 70
Them, affirming that they would be wortr
$500 each in Brazil. 1t was thought posi-
BILE by some of the friends of the slaves, that
the requisite sums might be raised. In the
meanwhile the men were left in the Eldridre
street Prison, in the custody of the TAILOR,
though no pledge was given that they should
remain there.
On Sunday night, however, they were safe
in their cells when the keeper retired to rest.
In the morning they were not to be found,
though the keys Of the keeper remained where
he had put them the night before, on his Ia
Bile.
Their disappearance remains still a mystic
ry to the public. The Captain and his party
evidently know nothing about it, and are en-
ceedingly angry at their escape. But their
friends, on the other hand, have no anxiety
as to their safety.
Such was the ~aspectof affairs when A hear
ing was to be had on Monday, on the new
writ before Judge Oakley. 1t was postpon-
ed to tuesday, when statements were made
by the counsel for both parties, and various
atldavits were read. Mr.. Jay expressed his
qualification at the escape Of the slaves, and
considered it perfectly jus,ifabie, rs they
were held in Jail simply on the order of the
Captain, and not by any legal warrant; he
declared, that SO far as he was concerned,
there was no private understanding between
the parties as to the slaves being permitted
to remain in the Eldridge street prison, but
that, on the contrary, Mr.. Purroy refused TO
give such a pledge. He, however, further
declared that the escape was entirely without
his connivance. Mr.. Purroy acknowledged
that Mr.. Jay was entirely eXculpated, but
endeavored to show that there was an under
standing between himself and Elias Smith,
who has been active in this case, touching
the continuance Of the slaves in the Eldridge
street prison, till it could be ascertainod whe-
ther money enough could be raised TO effect
their purchase. Mr.. Smith was not present
to make any statement in his own behalf
The Judge remarked that there had been a
breach of faith somewhere, and intimated
that the NJ after might come before the Grand
Jury. Precisely what the Grand Jury can
have to do with the matter we do not See
The most that can be made out of it is, that
the men have deserted, and some one has
helped them do so. The last, at least, is no
crime. Whatever breach of faith there may
have been between private parties, we know
not. But that, we take it, whatever iudg-
ment the public may pass upon it, is not a