The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-11-09
Case OF Alleged slavery.
SUPERIOR COUkT-IN AMBER
BEFORE Hon India Paine

Case OF Alleged Slavery.
SUPERIOR COURT-IH CHAMBERS
Before Hon. Judge Paine.
EIGHT C0LoRED PERSONS, ALLBGKD TO BE FREE
BORN, SOLD TO SLAyERY-1XCIrING SCENE
Nov 8 1t will be remembered that this mp
before Judge Paine Saturday last but postponed
the motion made by Mr. Lepangh TIL counsel for the
claimant until yesterday, at twelve O'Clock In conse
gus Of the publicity given by he HERALD In report
OF the previous proceedings which appeared in SUN
dsy's ssue the court crowte TO overlooking
by most spectabe citizens anxious 10
spectators of this interesting III, The
entry and staircase leading to the superior Court
completely ohoked up BY cootoa people of every
shade, who manifested the greatest their
brethren in affection
II appears frona the statement of the petitioner,
whose name strange to say, is Loui, Napoleon, thas
those eight colofeo persons arrived tns port from
Virginia in the steamer Richmond City, ~beoce they
taken to boarding house No Carlisle street.
The petitioner says st they ne,d under pressEce
that they slaves ana that they tue petitioner
IL informed and believes, been bought up by negro
trader specuator called Lemnon, by vhon, togeth
er with the aid CT The man Keeping the house whose
name il unknown ana Who'll an agent Of said Lennon,
they held and couint therein aoi That sail
intends shortly ship them to Texas and
there to sell and reduce them 10 slavery that ths lie
Eay Of their restraint and detention consists in the fact
petitioner is advised believes they not
slaves but free perrons and tiled tneir freedom
that The petitioner have to tn have
them sign petition but they desire het freedom and
unwilling to 10 taken to Texas into slavery. aud
bs, theI place Of destination hs been since the
proceedings in this commenced
shortly before twelve O'Clock, Mr. add Mrs, Letnnon
entered the court and the pgeoes SOON after arrived in
custody OF officer.
Judge Paine having taken his seat Mr.. Lepaugh
and sad-Under the circumstan9e III shica thus case
presente TO the Court. and especially it Is one
which it s d. sirate all hands to have fully aud fairly
inv. ated, ana owing to The shcrtnsss OF t'me from
Saturday until this muroing which the counsel for tue
clssnts hsse had prepare themselves in tuis case
they might desire chat Justice toeir
sity asking thst u be oune1 until 20 and
in ms king this application il Is perhaps pioyer tina.
should say, that IL is entirely tbe coossal II
council Mr. Clinton has this morning been engaged TO
cooperate with and he has Dot Sec mad oppostu'
they would oe glad TO have rbe disposed
OF DAY II coulu have been done TOE the only pro
perty which they have consists OF there slaves. They
themselves had taken paseago Is Vessel wch iet ~
SATURDAY and not knowing but that their slaves might
be given up more readily and without rad'as 10 ava
this machinery which their counsel iouuu IL ne.
cessarY do In 10 sustain tner esat rights,
the. engaged passage sgan Tor 10 cay; bat The du5y
which counsel bavo to perform renaeH IL necessary that
they houd submit acrice the ioss OF their paage.
money or the chance OF having returned tue
case may be- Tbs return which 81 put III bsiorc a
hastily drawn and from The shortuess OF tlma which
counsel had TO prepare IT not so periec and fu ~
aesrpie since the adjournment on saturday have ex'
amned far able vsrious points N connection
with the questions which here arise and am satisfied
in my mind that 4 could not CO justice To these
claimants unless q further return made In order,
further hat there may be NO act In ths case either &c
the present any during it's psudency u su Ii
cation which should look otherwise hsn perfec5y lair,
otslrous OF drawing return with much III
oid,r present the vaious pom WHICH feel
authorized to present unoer the exisiisg provisions OF
law the decisions OF the ia this
SIase and the U s Court Therefore, IL your Bonor
please that this be postponed until 10
row at zen o'clock and III the viii pu. 10
return furnish other SIDE with copy,
ana proceed to argue the II the COUNSEL upon
ths other side ready The magnitude sad iapcriance
Of the must De my apology for asking the court Tor
further indulgence in reference to putting in the re-
turn.
MI Cinton-It is proper Tor 20 state ii yoar Honor
pleasss seconoing this motion to adjourn that sn
que satisfied that the Only tons 10 b. pre.ented be
fore Jour honor questions Of Law there VIII be no
dispute rs 10 questions OF fact nave NOT YET hso an
opportunity looking the papers but a satisfied
this will be tbs The vii present 10 youc
honor only to the construction of the St.
the Of certain provisions of the
constr utiop of United STATES These questions are
entirely for believe they have been ali udoatsd
upon IL ia therefore sssry that proper time
should be aorded Tor discussion and Adjudication upon
these principles No barn csp result TO the other side
djouIpment, for the ouiy parties VITO suffer
from it client therefore hope that the counsel
the other side Will not object
Mr. Culver Il disposed to BE- very courteous
in this matter, and old not on that occoun. o2.
pose the application on Saturday, bat 1 must say
thst think sufficient time has teen granted Here
eight PERSONS, who nov held In n.sot conhne.
pent sey; and Therefore, as little dory should
take place possible have an sngsgeIiet to raotro1
in cause which has been half tried My ehen, haj
70 California. and hsf the witnesses have beoa ~ 1Tjs
The i adj our,sed untn tomorrow nj - ~ aoi
We are 70 sum up the evidence before Surrogate At
Ercolyp therefore 1t viii be rlpos Die u aisena
here I could. perhaps. attend to a,osroe &tesnc0a
Jnjsc Paiue : Then les Is lie tc.uo.ros af efnooa.
From the Isure OF the case suPsovs vl oceuYJ ~
tie Afternoon.
Mr Cu,ysr-Yes Il row coolss MP qneHioa o.
law vs.thes slavery cx,ste IN ne sssi. T Nov fett
,'uvgc psire-J supposed that tie csss, nno O..
tLcutb think that this aaournneot : unnecessary,
dssi-os of giving ~ The ,nis in ny % "er 20 NJ
tLrtc stan be no rpaseu colipiasn snxloss 4
60 With the for IL is Interfering VIII ny hsr
duties lave sdjeurnod 70 esy wbsre "a s.i & 10
d
Mr. Clinsm.-Ws cannot gee reas~ 20 drs< oar
points.
MIR Lolaush We tha save time 30 IA n tie Coart
f ccDc.rned IN having the MISTER stand oscs un.1 -
for then shall DO abb, to preeent in Led
ard clear be.ore tie Court. We intend 70 PIT
sent questions which have been raised hereto
furs This presente features which appeared 10
other cas- heretofore aojndicsteu uPon
Judge Palue-t you say thee Of such features am
something tome
Mr. Cnntcn-Thera certainly are many features
which We hail present 70 your honor.
mir. Cnl'eT-I ~oUl6 totseei tnst .heir ahtnoed re-
torn t1ouid 10 prysgated hecAlse ugon LAT W taEo
Judge Psus 90 81 CAntop --lou only visa ID stc.s
90 Uaaer mofe tply sud sutateuts'5 sts VII ~,
III. Clinton NO er ttev etl uot 81 aU.aed. sus -
Wiz iib, rhs courEU q 70 the fcta vi9l t' s-ste
hlr itpkNSb .fV W.aA 70 Yut tteap ftct upeA tiAn
record uYop Nkicli ghsa telsa cetlsa 3py N9ae "
lac - ~ t'ot- ait nat " r'ficI saf - WI sNe
1acse raiaa-i viii aolUurf ths question. tAaa aN1
IL iDttoh Atsfeooa hs tAuT oc.n0t Atl We Hut q ~
aos y II l'.;J tooAs ch7a 81 tast hunT Wits ao Voep'
NJ caiysf- rharo I. : a. iuns.t. 1aal,. g Fos.oai
-h4 Ssh u T.teN1 tldi css9 ana a~El ;tys VIA ~
or H. s cymssoAati1u mar fsy -c .8st +sc p ~
trway t'tau thoEA-tasy NV ees7atatiarts r-a
,spus4 u it WCEa 19t N3uaC nsva 4statee Z. .a
vta tt saatter. IL tae MQasslata y aon. ht sos
81 j.rfe, .iss t'~,s 80 1i'a ~ nair u ~ aaAg
Ijs ts,He-- fn y WI sscas38 IL s,t G9sttcS snr
N Ill 90 ntot.tfo aAei r. ula.s us h''s being
s.s.ccF n.s.s' RIA, I'LL rH.i .,ni ~.
..s.ivs 49, ...v@.