Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1850-12-31
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NEW YORK SLAVE CASE.

Az II o'clock the Commissioner opened the case, the
abeas Corpus issued by Judge Campbell of the Superior
ourt was served on the L. s. Marshal, Mr. Tumadge to
produce the said Henry Long before the Court Inc Mar
shal sipnifed his intention Of obeying the writ
An affidavit was then made by the prisoner that certain
witnesses were material to his defence, and the Comms
soner decided grant subpnnas and hold me case open
and strong body of police repaired with Henry 10 the gu
peor Court before Judge Campbell and made return that
he held tho custody Of The man BY virtue Of warrant Is
Mr. Western said he appeared from respect 10 Inc otae
Courts but he protested against their authority 10 act 10
this State and was entitled TO eight days 70 ans~e re
appears for the State OF Virginia. and will be question
between the State of Virginia. for which act and the STATE
of New York, and leave it between them
Mr. White in answer, sad when the proper time came ne
would have much 10 say TO the entire State Of Virginia EN-
bodied chivary and ALL in the person OF my learned ren
and will only say that he is welcome to the eight days ana
more he peases; bur in the time ask that the man
be placed for suc keeping in the custody of the Sheriff oil
the county
ation the merits.
MIR White then claimed that the insufficient
and does not show right TO hold the man. he enterea INTO
argument 10 show that the Commissioner was not Cour
and conended that the Court should take cognzahce OIL
the case whether the man Is consutuohay heu VI
not. L., -, ,Ja, ,,,Id no,
take cognizance of the Ii now on examination De-
fore competent tribunal who has merely SUSPENDED ie
case with q view permit additional testimony. lhf.
White said the Court had adjourned Inc case M
&c tits now time resume the examination, and beg
TO retire in order 10 attend H. an
The Court thought he had better wait TIL the argument Is
Mr.. White said the gentleman could 60 where ne pleased
as long tho boy Henry is here
MIR Western left the Court
Mr. White thought was not necessary to argue the con-
sti,uonaity of the law of 1885, the present time The
question is from and demurrer does the Marshal e
gully hold him in custody This law has been settled oy
everything but Court of competent jurisdiction and VIII
be time enough to argue that byand-bye The counsel
then further alluded the return and also to the fact that
Mr. Hall is Court Judge so as TO bring him WITHIN
the statute of EXCEPTIONS does the return show that he
has any Jurisdiction &C. No inference is to be drawn that
there command which the Marshal is bound to OBEY
If there is ntendmcn il be in favor OF the liberty OF
the party " t. -,
not sufficient to show the parry to be Legally held
Judge Campbell said he considered the return to be regu-
lar Il has been held that Supreme Court Commissioners In
this State when acting within the powers granted them act
as judicial officers; consider the Commissioners IN the
ned States Court when acting within the powers confer
red upon them by law, Judicial officers, and must DO
considered coming within the Statute But If not
Court or Judge he is judicial officer under the other
branch as 10 civil cases. &C. The law in such case says
the party shall be rcmanded, &c.
Mr. White then sud that Mr. Hail. SO far as he can learn,
is not Commissioner under the law of 1885, which says
that the Commissioners shall be appointed by the Court
whereas Mr. Hall holds his Office he believes under old
rule Of the Court that the Clerk of the Court shall be Com
missioner as also shall the Deputy Clerk appointed by him.
MI Hall Deputy Clerk and has not received his appoint
ment from the Court He moved on that ground that the
An affidavit was made to that effect; but afterward
Mr. Thompson, Clerk of the Marshal, entered holding in
his hand being ssF a G an Ce1s
missioner said Court 1t was handed TO The Court thence
to Mr. White who stated that the seals were still wet and
the certificate have been made at the moment for the
OCCASION He commended that the man was entitled to his
discharge.
Judge Campbell said he thought the certificate sufficient
10 s,ay discharge Mr. White commended that at any rate
il only showed that Mr. Hall had been appointed Commits
sione by Clerk and by the Court and wished time
10 show the fac-in the meantime Henry De placed IN
such custody his being sent off, but brought
m again before the Court II the Marshal would say he
would produce him in Court and The Court made
on order to that effect he wanted no more ihan The Mar
shal's word.
Judge c. said no nothing far by which 10 change
the custody of the 1t is usual on adJournmens for
nm officer again to bring up ndividua but he would
make no order the kind the marshal who might act as
on his own Amusement. 49,,
Mr. Jay wished the Court 10 say whether would Dc the
duty of the Marshal bring him up not. Judge C. said
| he was not ready, present. to determine the matter
The Court then adjourned and Henry taken back al
tended BY strong body OF Police TO the Commissioners
Office where testimony was produced on his behalf!
John Butler coored man, sworn Resides at III Cen
ter ST.; born in this City, 225 Forsyth ST. knows Henry
Long who is present. frs, saw him on the day was en-
gagged as coachnian Mr. Nicholas Stuyvesan met him
driving carriage in Broadway met him every .ne day
when drove OUT went to Mr. SIS u June saw Henry at
introduced 10 me Mr. Long; had always bowed 10 HIN
as met him. remained with Mr.. s. I'LL the February sue
ceedng that, and the February will be two years since
left Mr. Stuyvssant. III stated behalf Of the
claimant that Long left Richmond years ago He drove
carriage from stable in Mercers between BECKER and
Houston, he afterwards went 10 watng previous TO going
10 Mr. Siuyvesans drove carriage for Or kyprus corner
Ninth s have recently worked in the flour store OF Allen
Whittesey and sometimes drove me cart saw henry
last Sunday There minor questions asked the wit
Adjourned to 10 o'clock Friday forenoon when other wit
ncsses were examined
SATURDAY, Dec. 29.
The court sat o'clock Saturday morning, but the
examination was not resumed ill time after H. when
Elizabeth Dixon coored was sworn. She testi-
fed as follows: l29 Elizabeth street; was born in
New York. am twenty twoyeas old know Henry Long;
knew him in November ls47 have known nun IS since
tina, times have him very Often since he left my
house, in 1913; did not see him oitener man tnree
times since then. 1t in the winter OF lSis that
he left; In February think II was was in the
habi, of seeing him daily. while he was at my house
from November of S.7 February OF lSi9 he boarded
with me during that ,mc am positive that knew him in
November ~; know go, from the fact that there vas
sickness in nv family; my husband sick six weeks
then lived 10 Spring street, and Mr. Fowler my land
ord my landlord kept shoe sore while Henry Long was
with me- he worked down part OF the time and part
of the time he was waiter after February 49, did not
know wha, became of him. The witness was confident that
Henry Long the man who boarded Win heri my nus
band works along shore.
Cross -examned-I can wrte have no memorandum in
writing from Long; havc house ront receipts tor the year
during which he boarded with me; Mrs. Sansbury knows
that he boarded with che lives AT ~ Spring street;
never saw Long before he TO my house fst don't
know where he came FROM can't tell whether he Is south
ern man or not "a question whether Long spoke of
the south while with Witness was ruled out by the Commits
sonerl never knew him drive carriage; he part
of the time waiter hotel for some monhsi the
res, of the time he working along shorc after he left
me- he wen, to Mrs Stansburys, who lived in Mulberry
street; saw him three times after he left me-once in my
house once in the church. and in the street, don't
know how he has been employed since ne left my house,
was never in Florida married in lS46 the 9th of
April.
Examined by Mr. WhteI don't know what he did down
town. the reason he left to go Mrs Sansbury was
that ex pec,ed to be SICK spoke Mrs Stansbury about
| receiving him.
Mr. Western said he objected her evidence being read
as the Commissioner denied that her testimony closed
Mrs Sransbury next sworn-l live at No. 10 Spring
street, In January, S4s lived at 240 Mulberry street;
know Elizabeth Dixon she lived in January l94o in Eli
zubeh street, knew her when she lived in Spring street
live in the that she moved out of knew
Long; first him in Mira. Dixons house in Elizabeth
street, he boarded with me Gun write saw that paper
IA paper that was shown witness by Mr.. White This
proceeding was objected Mr. Western who said that its
contents should first be made known TO him.
Mr. White commended that the proceeding was allowable,
as the court nothing of the substance OF the papers
he desired identity the paper by the testimony OF witness
Mr. Western replied that it legal as II might be
used for purpose corrupng the witness although he
imputed no such design the counsel He objected TO ask
ing the question the truth Of the matter in The paper
Mr. White waived the question, and said that ne would ask
her had she the paper before.
This was ruled in order BY the Commissioner.
resa in evidence; the handwriting Is gave the