New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-04-12
BOSTON SLAVE CASE.
Examination OF STANDARDIZATION to Judge
Woodbury. for Writ of Habeas Corpus
Writ Granted, &c.

BosToN, April IL.
Last evening another attempt was made to
take the alleged fugitive Sims from the custody
of the United States Marshal, by an application
to Judge Levi Woodbury., of the U. 8. Supreme
Court
The application was made by Messrs. Charles
Sumner, Richard II. Dana Jr, and Samuel E.
Sewall
A Chamber Court was held at O'Clock, by
Judge Woodbury. in the U. s. Court Room, and
the parties applying were heard in argument in
support Of the petition.
MIR Dana addressed some preliminary remarks
20 bis honor in relation to the grounds of the Pc
titon, and was followed by an argument by Mr..
Sumner in support
The captive Sims alleged that he had been for
come days held in custody, that the Commission
or had caused to be issued process against him
for resulting and assaulting officer Bateman while
In the service of q legal process, or warrant,
which be complained was contrary to bis right.
The U S. marshal, though requested by the pc
titioner's counsel, had failed to bring him. the pc.
titioner before the commissioner (Halett,) named
The nrisoner had desired Gearing in the case.
aud suggested that the said warrant was nun anu
void .-
shal showed no jurisdiction and vas therefore ln'
valid. r.;.....,or
this Court and could take jurisdiction oil no
oflepce 1t did not appear from the process tnaS
Asa o. Bateman was an officer OF the United
states duly authorized to serve process there
fore the warrant was nugatory and void.
The warrant was issued on oath, and 1t was
equally necessary that the magistrate should
have Jurisdiction of the offence
The warrant required the prisoner to be brought
before the MAGISTRATE forthwith, but he had not
YET been. though held several days in custody.
Mr.. Sumner introduced the following affidavit
ofTbomss Sims. and argued that his Honor was
authorized in this case to issue to the Aarsnal
the writ of haJeaS corpus to bring the person Dc
fore him. .,,,oos,~,o>, s,vS
| / Tbos Sims OF Savannah, Ga, now IN conhne-
nent in Boston, on oath do testify and say that
! believe the warrant from Commissioner Haliett'
| on vbich 1 am now arrested, was not issued Tor
the real purpose OF having me tried, but Tor the
| fraudulent purpose of assisting the Marshal in
sending me to Georgia, as a fugitive from service
| and preventing noe from obtaining jury trial In
regard TO the claim make to my freedom. be-
! neve the said warrant TO be trick against my
| freedom. signed .,. "A. LH 10 ;o PINS
! Commonwealth Of Ms"-suaolE - April TO- l0ol'
| Subscribed and sworn % before me- ,p
! IsiSpedI J +. SEWALL Justice OF the Peace
His honor Judge Woodbury. said he could not
60 into the question oil what the reai reason o. 'ue
| celsv was each delay as had occurred might be
! With perfect reason on different accounts but
IL was competent 70 ascertain now whether the
! warrant was valid or not.
! He should issue & writ Of k0beaS corpus, and
| order release from the marshal forthwith, but
whether or not he was to be discharged July. was
quite another thing-it was question OF law
and Justice. 49,
Accordingly, the prisoner Sims was brought
before his honor, when b. IL. Curtlss, Esq ap'
reared in behsrf Of the Marshal, and read the
return. and also the orders from the Commission
er's Court, for the Remaining of the prisoner from
| time to time from the custody OF the Marshal
HewAs desired by the Marshal to state that
two parties held an interest in this case-the
lnited States and Massachusetts.
The Marshal was advised by counsel that hll
return was not Transferable.
Mr.. Sumner wished for delay for the purpose Of
collecting evidence of the unreasonableHess Of
the DELAY by the Marshal in bringing Sims before
the Commissioner for the oaense charged.
Judge Woodbury. suggested that he had con
sented to come into Chamber this evening on the
urgent solicitation of the Counsel of Sims with
the express stipulation that the matter would
there be finally disposed of. He had told them
that be would much prefer to have them before
him in Court but they insisted.
His Honor observed that during the Crotts al
fair an application was made to him In Chamber
for the issue OF e process, and he declined dolnG
IT, but advised q party 10 apply TO him In Court.
The party did 30 apply, and His Honor got the
counsel in a case in hearing to give way and Is
sued the warrant.
Mr.. Sumner still prayed for delay until Frda!
PM. or Saturday morning.
Judge Woodbury. finally consented to an ad
ionrnment until three O'Clock this afternoon, an'
ordered the Marshal TO keep the prisoner IN cui
to8v there to be brought to him.
The adjournment took place stquarter past H.
The Mayor sent request to certain persons Il
the North part Of the city, desiring 100 volunteer
- ..sist in the escort OF Sims to day The me
w ~ not6ed 70 meet at the Marine Railway, i
/ CommercisLst and march to the City Hall At
An Instead Of 100, $50 men have sisnife
,bfir intention to comply with the request.
SURRENDER OF SIMS TO HIS CLAIMANT.
T Tho Commissioner came in at O'Clock an
proceeded TO give decision.
a. - F,i5av Last. and his decision was no
10 Is made. tpo as no court had interPo'ed to n
. Heve him rom the responsibility, be should NJ
y sbripk from il He was here 70 asoide sre'