The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-10-22

from the 14th to the 22d of September without pro-
curing bali. Being . stranger, he could ind no one
to become bail for him for so large an amount. On
custody Of Buffum, escaped to New York. At that
time, no names were signed to the bail bond The
next day, G. Judson Merrill and George Bufum
signed their names to the bail bond, suretes, for
the purpose Of pursuing and arrestng Butler In the
state Of New York. It appeared that Geographic
there of the escape Of Butler and that upon his
rival there he taken into custody and held until
Mr.. Merrill and John L. Andrews, who had power Of
him, went to New York. They brought him back to
Boston, and committed him to the jail in Boston -
The fact Of the signing Of the bail bond BY Bunm and
proved by MIR John L. Andrews, the person who ar:
rested Colonel Butler in New York. He stated that
sent for by Mr.. Rugg, the deputy sheriff. and at
the Office Of MIR. Rugs he saw the bond and there
were then no names signed to it, but the name OF the
principal, Butler; and that he saw Merrill write his
name but did not Bufum. The counsel for the
complainant asked for his discharge, the ground
that his arrest in New cork illegal; that there
authority by virtue of the original writ to arrest
him out of the State but that bail had such power,
and that the officer, without the consent Of the prn
cipa had put to the bail bond after escape
for the purpose of giving him authority to recapture
the prisoner by the entaty OF bail provided
fence introduced letter. written by Colonel Butler
to his keeper Buum after his escape mailed at Franz
ingham of which the following Is copy
"DEAR SIR-The sym patty which you have uniformly
expressed for me- and the assurance which you gave
me of your Willingness to become my bail if you would
be received Is the inducement for my taking the step
Of withdrawing nom custody In doing this. do no
more than you yourself expressed your readiness to
do namely to become my bail with merely the differ
ence OF their being compelled to accept you instead of
allowing them discretion on the subject.
Had you hesitated, when appealed to you, or had
you declared unwillinguess to become responsible
for me, the step have taken would have been
resorted to- but knowing your opinionyour declaring
fips cept fe auf7ic 70
force them to do so. At the same time of my an
nounciDg to you the course pursued of withdrawing
just cruel you that you not only shall never
suffer from the consequences, but you shall be gamer
great eainer you shall not only be indemnifed, be
fully protected against any loss but shall be rewarded
go from hence, through Keene, in New Hampshire,
and through Vermont, TO Buffalo, and the steamboat
thence to Cleaveland. in Ohio, on my way home
have for time desired to see that part Of Ohio
arc shall proceed so as to land at Maysve in Ken
lucky from thence by stage to Louisville and SO home
Your obliged friend, A BUTLER
Psi did not consult you on what was about to
do because yos might have fs. bound to refuse from
sense Of duty. But from your warm expressions of
hope fer my release, and your assurance that you
would be my bail If you could be received convinced
that, although you might feel bound to refuse me
permission to depart that yet you would rejoice to
know was free, no matter how that freedom OBJ
tanned. Besides have looked inCo the law, to. day.
and feel satisfied that under the circumstances you
cannot he hurt at all events there can be no liability
the part Of the officer until debt Is established
against the defendant. They have established none
against me as yet and never shall do so. shall be
rea dy for them in time, and when come next be pro-
vided with bail Inquire at the pest Office for letters
to you. One will be written and mailod at Keene for
you"
Mr.. Rugg, the deputy sheriff, whose testimony was
admitted de bene stated that he told Mr. Butler
that he would take Mr. Bufum as temporary
bail. and that II he (Buter) should escape, Bufum
would have power to pursue and arrest him in any
part of the United States. Buffum also allowed
presence Of Butler, that he would take him as bail
until he could find bail Bufum also stated, upon
xamiraton, that while Butler in his Gus
tody, Butler requested him to become his bail, and
bail if they would take him. 1t appeared that both
Buffum and Merrill were irresponsible persons.
All of the testimony was taken de bene
SHAW, C.. j., delivered the opinion of the court.
The question to be decided seemed to be properly
stated by the counsel. Was the arrest of Colonel
Butler in New York legal? This depended upon the
fact whether at that time BufYum was bail or not.
1t unnecessary to decide several questions raised
as, whether an officers return can be contradicted
upon hearing upon writ of habeas corpus; and
other objections to the testimony that had been in
troduced. The complainant, Butler, in his letter to
Buhum, had treated him as his bail, and had given
him authority therein to become his BAIL and under
that authority he had right to arrest him in New
York. The prisen ordered to be remanded to
the custody Of the jailer-Bosion Advertiser, Oct 90
SUPERIOR CouRT.-October Term -Boorhaan. John
sion d Co. Edpard ScorW The plaintiffs, mer.
chants in New York. sold wool to Lambert d. Russell
part of February 1S47 Immediately after the receipt
Of the WOOL Russell made assignment of all his pro-
perty to endant to R. to him
Plaintiffs claim that the wool obtained by Russell
by fraudulent pretences, and that Scovill
SAINT with the fraud, and seek to the value Of
the WOOL in action Of trover against Scovill Yer
dict for the plaintiffs, for $1695 and costsNew Ha
Journal, Oct Is.