The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-11-20

Trial OF HOwIet the MURDER OF BAKER,
COURT OF OYER AND TERMINER
The Hon. Judge Edwards and Aldermen Denman and
Ward presiding.
Nov. 19-7he People Nicholas Hoclet charged Nth
The murder Of Charles Boater Watchman The jury in
this being unable to agree to verdict kept
together all night At the sitting Of the court this morn
down the trial Of Gillian for Saturday morning. took
with the Intention understood of keeping the
jury together until that time
THE VERDICT GUILTY.
At ten minutes to two o'clock p NJ the jury, having
been seventeen hours in elaboration entered the court
and In answer to the Clerk the foreman replied that they
had agreed upon verdict.
The Clerk-How say You gentlemen, Is Nicholas How
murder and felony charged
Forewan-Gu Guilty. We recommend him to mercy.
The prisoner received the verdict with the most per-
feet camnes-nota motion OF his countenance was per-
cepble; but his elder brother who seated by his
side buried his face in his handkerchief and wept In
moment or two the prisoner turned to his brother and
with smile made Fome remark. lie was then removed
to the Tombs and the Court adjourned to ten O'Clock
We understand that the disagreement was that Their
were eleven for conviction and one who could not CON
to mercy was the compromise.
ANOTHER MURDER.
In the case Of Peter Gillian late Of the Sixth ward,
charged with the murder of Charles Foster the 18th
February 1885, by sabbiDg him with knife in the alb
domen, the District Attorney said that the physician
who attended the deceased s in the city having
ed surgeon the Princeton Mr. Brady who is counsel
for the accused Gillian requires time to see II he could
to the dispositions witness taken before
the Coroner being read on the trial
The Court then set the case for to (sa.
tuIdsy) to which time they would take q recess.
The Late Slave Casc-Certiorari.
SUPREME COURT.
The People of the State Of New York, er rel.
L0tis Napoleon, against Jonathan Lsnmo1i, q citi.
zen of VTginid.-Having observed from the com.
ments Of portion Of the press, that considerable
misapprehension exists in regard to the legal
grounds on which we sought to protect our clients
q
slaves We take this opportunity to correct that mis-
apprehension. On the argument before Justice
Paine, we opposed the discharge Of the slaves on
the ground, ls that by reason Of the comfy exist
ing between the several States Of the Union, the
citizens Of slave State have right to take their
slaves through free State IN trasttu to any other
it was expressly adjudcated that this right xsts
Not American authority was cited to the contra
~, for the reason that none could be found. The
second ground taken by was, that the statute of
New York, providing that slaves shall not be i'm
porte introduced into the State, has no applica
lion to this This statute, when interpreted by
the ordinary rules Of construction, appi sable to all
statutes, we commended, contained nothing moro
than prohibition against the introduction Of slaves
into the State, for the purpose Of remaining or re-
siding here, either permanently or temporarily.
We do not desire TO speak dsparagipgly Of the emf
rent Judges by whom the slaves were discharged.
We ask, however, for the suspension Of public
opinion in regard to our legal propositions, until
can be heard before the Supreme Court, on the APP
Judge Paine. HENRY L. CLINTON,
HENRY d. LAPAUGH.
New York, Nov. 10, 1852.
Whereas, We have been informed by the affidavit
Of Henry d Lapaugh, of the city and county Of
New York counsellor ut law that q writ of habers
corpus was heretofore issued by you, under your
hands and seal, behalf of eight colored persons,
or. slaves, named and known as Emeline, Robert,
Lewis, Amanda. Nancy, Ann, Lewis, and Edward,
otherwise called Ned, directed to Jonathan Lem
mon, citizen Of the State Of Virginia, requiring
him to have the bodies Of the said eight colored
persons, slaves, forthwith before you, to be dealt
with according to law; and whereas, pursuant to
the requirement Of the said writ Of habeas corpus,
the bodies Of the said eight colored persons, or
slaves, were brought before you; and Whereas such
returns sand demurrerthereto, were made upon the
said writ that thereupon you proceeded to hear aud
determine the said writ and whereas, such proceed
ipes were had upon the said writ, return, and de-
murrer, that you, the said justice did ORDER adjudge
and determine that the eight co!ored persons,
or slaves, hereinbefore named should be dis
charged from the custody restraint of the afore
said Jonathan Lennon. And We being wiling to
be certified Of such pre- oeedngs were had before
you, do command and strictly eDjoin you that you
do certify and return those proceedings, with all
things, papers and schedules thereto appertaining
unto our justices of Supreme Court. at the City
Hall, in the City Of New York. on the first Monday
of December next, at General Term Of said Court,
under your hand, as fully and amply as the same
main before you, 80 that said justices may fur
ther cause to be done thereupon what Of right and
according to law ought to be done, and have you
then and there, this writ.
Witness, the Hon. Henry ?. Edwards, Chief JUS
tce of our said Court at the City Hall, in the city
of New York, this l9sh day Of November, in the
year Of our Lord one thousand eight hundred and
ftty.twO. Henry d. Lapaugh, Attorney
II. ID. Lapsugh and Henry l. Clinton, of Counsel.
GEO. w. RIBLET, Clerk.
ENDoRsED-I allow the within certiorari, this 10th
OF November, 1907. II p EDWARDS.
Justice Supreme Court