Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1851-01-03

thr dale of MS paper; know it, because my mothers
husband went TO California in January, 1875 ana sha' c
fixed the date of the paper on het na e
in The Tarton as a board; he has not since re-
turned he went the day the paper is dateo can fea
and write. A. ri,
Testament o ,u,
An direction WIS made the question, and, after argu-
men, OF counsel i, admitted ...., r..
The question repeated and Inc witness answered.
ness s,, , ,or,o
Ain munger.
Q-In what country!
Al don't know.
Nr Western said she answered with more intelligence
than he expected and he would not press the last
After the examination OF this witness, Inc commissioners
asked Tor the production OF the next witness
Mr. White said his answer that that the ha6eds
corpus before Superior Court; in this case nao oee az
ourned o'clock to-day-that hour mas now arrived
and he engaged there, he should no" 60 Inc Ioh
missioner he said subpTnaed 10 attend mere aso Us
well as the clerks of the Circuit and Disc! Courts.
The Commissioned will proceed with 'hs examination.
Mr.. Whe-Ycry we'll, then. VIII 80 ana hio'e ioi ill
The Commissioner sent letter to Judge Campbell, stating
that he was engaged commissioner In THIS case ou'
AT this stage OF the proceedings, George Wood ESQ., en-
tered the soom and took his seat beside MI WESTERN as
counsel for the claimant.
Commissoner-Wi the counsel for the defence proceed
Mr.. Jay-ies. Call Joseph w. Smith. ~
Joseph W. Smith being sworn deposed-1 live at $50
Reade street. in this city; follow printing paper hanging
and the cacning business have lived in New York fifteen
sixteen years. know this person pointing TO the ac
cused) he goes by the of Henry Long; have seen
him about New York good WHILE suppose about three or
four years perhaps longer can, tell precisely where
first him. the date, but remember Circumstance
particularly which brings il To my mind in AS, ! think
somewhere about February, had visited in Church
street, by name of James Buck, now deceased believe
and my obec, in visiting Buck was he kept miserable
rum hole Church street, Zion Church. had desire
and strong one 10 induce the proprietor 10 become mem
Der OF the temperance ORDER found this Henry Long,
Ii: Bucks house, think Il in February, lS4S; don't
know if that the first time me him; appealed 10 him
lIenryl also t. Jecome member OF the institution: Buck
told me he would but this (ienry) would hot
the independent Order Of Good Sanaritans Buck sometime
after broke up his hole and did Join the institution and
think M March the increase OF the order was 80 great they
proposed present silver chacc TO the Grand Lodge Of
the State oil New York, which composed OF whlie peoples
Henry did not Join the order and did not contribute 10 me
chalice Henry frequently after that times am per-
ecty positive The sitting there Is the man appea 10
TO Join the order and whom in Bucks place In Feor-
ary l64S; am of Il that you counseD here;
am certain of the year. for applied 10 Rob, D. Hart who
then Secretary OF the Washington ASSOCIATION anu OF
the Grand Lodge it about the 9th or 7h OF December
lS47 made out my petition for admission into the ORDER
on the 18th December lsi7 they granted my application;
few days after fourteen or fifteen coored men were
initiated into the Grand Lod the corner of Hudson and
Cana Streets they then granted charter and We opened
u lodge called Fountain Lodge in this city; then
drumming up every coored 10 Join the association.
recess was taken at 2 q clock.
SUPERIOR
Before the Hon. Judges Duer, Mason and Campbell.
Dec. 2s-A haf-past o'clock, Henry Long the al
legged fugitive, brought before this Court on writ OF
hatsQs corpus, adjourned from the previous day.
Mr. White said he would call as witness Charles Nj.
Hail.
The Court asked what lie proposed prove by the wit
ness
Mr. White then entered into of the and
repeated vi the arguments which he had urged IN the
matter yesterday.
Charles N. Hall was then called and sworn.
Judge Campbell having consulted with his associates said
he that they could into the examination OF
Mr. Hall this subject, they had been furnished with
Mr. Hall commissioner but did state that he
commissioner The 23d December counsel might pro-
coed 10 call the witness
Mr. Hall then deposcd-I reside In this city; have resi-
dcd here since the l2 December this present months prior
to that resided in Columbia county. Q-Have you ever
received directly from this Circuit Court or the Circuit
crl AAs understand II, did. Odd the Court ever
appoint you By the name OF a commissioner! Al am
appointed United States commissioner BY virtue OF an or
der of the United States Circuit Court, made in October
last and entered their minutes: think give the
words oil the order from ncrnory believe the order WAS
made in time The name il appointed me BY was COM
mention in the GrGer don't mean 10 say was appointed
that day. but was appointed by virtue OF that order;
held no Office on that day; | was practising law.
CourtArc you barristrr-at lawl
Mr. HALL am sir and the 23d December.
A document, dated 10Th Oct. was here produced The
order 10 the effect thai e clerk and deputy clerk OF he
United States District ad United States Circuit Courts BE-
authorized exercise the powers Of missonegs i
fcio
Witness cOntinuedl believe this Is copy oil the order
by which claim appointments am deputy clerk of The
United Circuit Court deputy clerk nj the
date OF that ORDER was appointed deputy clerk on the 18th
Dec the clerk of that appointed his deputy; after
wing been appointed deputy clerk claimed
missioner under that rule order Of the court Qs that
the only authority BY which you claim 10 act commits
soner Al do know but under the previously exis
ting law would hlvo been commissioner.
The Court asked the United States District Attorney he
did the practice Of the United States Circuit
Court with regard TO the appointment OF their commission
ersl
The u S. District Attorney replied that 1t had boen the
universal practice of Judge Belts and the Judge OF the Cir
cult Court appoint the commissioners by designation oil
Office, and not by the name Of the party.
Mr.. White said he prepared to argue that Mr. Hall
legally appointed commissioner and he contended
that the practice of the Court wond not make II legal
The IT, District Attorney produced certified copy o.! the
order Of the Circuit Court made in Sil 10 show that the
practice uniformly the same as ne had stated II to be-
Mr. White continued 10 argue that, from the phraseology
order persons but the then existing clerks and de-
pules could claim be commissioners 10y virtue CT il. He
had proyct that Mr. Hall appointed by the Cour
a but By tie cler and that he was not an officer OF the
Court, but merely the assistant OF the clerk
The Cour, asked The District Attorney Mr. }. Prescott
Hail. he intended reply That gentleman said he was
merely present behalf Of the Marshal and the Marshal
had no interest in the disposition the Court would make Of
the case between the claimant and the alleged fugitive the
District attorney did not desire TO otter any reply but
" referred the CoLr! &c several authorities.
Court-Does counsel for the claimant appear
Mr. Western answered that he did not
Court-as the Counsel the part OF the claimant lad
ce
Mr. Western said no had had eight minutes notice and he
came yesterday TO protest against the proceedings.
The Court said that they agree the views
offered by Mr. White they could to the discharge
of the man. the other party not having had the eight dnys
notice.
Mr.. White said they gave them notice yesterday.
Court said the meaning Of the act lha; they must
have eight days notice OF the proceedings III order that they
may be present 10 rcsst the application The Court was
unwilling dispose of this matter without hearing the
sci for The caiman they do choose appear now The
&c adjourned until the time for the proper
tice expires.
Mr. White asked for adjournment Till Monday.
Court-1hereis in adourning until Monday mus,
be until the eight days have expired The statute says thar
the notice must be given TO parties as Is required in
special motions in The Supreme Court; and that s eight days
In the meantime, the will remain In the custody Of this
Court.
District Attorney mentioned that In Of hIJeas cor
pus pending for time before the Supreme Court the
prisoners remanded from time time TO the custody
Of The Marshal
Court-rha depends upon whether tho Marshal will bind
himself TO hold the man. and not give him up 10 any other
NEUTRALITY-SUSPICIOUS. the object of the ho5cas corpus would
be defeated Suppose the warrant had been issued by
who had authority? The question whether the gen.
tleman is officer, is 10 be decided by this Court.
Mr. White asked the Marshal if he would 10 pro
duce the the time which this case is adjourned
District Atorney-I advise the Marshal not to make any
promises or concessions.