New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-05-30
LAW INTELLIGENCE.
SUPERIOR COURT-IS CHANBERs-Before Judge DUE



HABEAs CORPUS.
In the matter of Jane Trainer, the little coored girl
whose custody is ash ed for by Mr. Tappsn on behalf OF its
father &C. already referred to- This case came up on Sat
urdsy pursuant to adjournment The parties and counsel
with the exception of Mr. Brady were present The
was also densely filed by spectators.
The Judge, on entering inquired for the return, which
be ssd had not been handed to him lit was read the first
day but not fled Mr. Booth handed It up. The Judge
after looking at it, inquired Of Mr. Culver he was ready
20 proceed wi argument Mr.. C. said he had under
stood the Judge intended further questioning Miss Porter
The Judge said booking At the return he finds TO be
unnecessary Nr e. said the return had not been served
upon him In regard 10 II theirs are many assertions they
Did agree to- Snd all that could be SAID about H. ut the
most was that il balanced by the petition the Judge
ssio that Whist had been coDtrdrted must be taken
true As the child being Legitimate the return amounts
IN ing that depends p the testimony of the father
MIR Culver said he had not fBlly prepared himself but
would endeavOr prese mt the He regretted That ms
friend on the other side Mr. Brady absent as he
wished bin 10 that he would treat his argument WITH
oil fitness. Mr. e. alluded to the part Mr. TspPm has
taken in this matter. lie called upon by gentle At
Cincinnati tn and he has done than any other
correct and highminded mqn Nonld have done IN the
cause of humanity In regard to himself Mr. C. said he
had been pronounced AbOi ions, but h. had never
acted politically N the Aboitionists he has Abolition
feelings il is uue and shall take them from him
The cry Of politics which has Deen raised in the case, he
said by c,rsin persons like the stop thief cry get
a little advantage for themselves
In regard TO the custody of children the in ths
books the father aud the mother but there no
whore third party, who has no claim to the child
seeks to sep IT, We ask TO have the child This woman
saws and we warned there is outside fsrce to
prevent having the child The ether day your Honor
said the child might go free We had right by virtue o.
the authority possessed from tho father 10 go 10 that
child md lead it Off and il any man nteriered with our
doing So he would have been liable 10 punishment Slr
Tsppan and all others acting under the authority Of the
father could have justified themselves in doing so. Bat
nghr hG, had fight aud got whpp-d ~ the opera
ton Aud yet the law. although ttrdy snd slo" VII at
ford we kIow retriouiiOn in the end
They say the child wishes 10 stay with this won M aud
your Honor yourself expressed much very Ike Y does
but poor thing this father after travelling 5000 miles
It'd 70 hold. into nj Nj
Because he could have set her mind All right Let that
little black eyed curly headed girl know that she MOI
slave and her language would be different; saw that
day when she looked toward her tath and said that IS
my father" the tear into her eye, aud told more
than all her language could tell She has been made to
say much whan she sad she did no. wish 10 be free
She made 10 speak contrary 20 human nature.
The Courts have De cided that they will act or child
where II is tender years and Court viii always take
cognizsnce OF the matter having 10 vie" Tie "suAFs o.
/ tht child
The Court here expressed doubt whether action as
10 custody could b. taken habeas corpus in case Ike
this or leave 10 be disposed Of by law an acting, the
JUDGE said in the present proceeding simply under the
statute. The Supreme Court, ~ the Chancellor might
entertain this subject; bui tere j. doubt whether |
could do more under this proceeding than declare the
Nj Culver conended that the Judge had full power He
quoted the cased Of Barry against Mercein Ia relation -
the custody OF a cld-beng controversy between the
father and mother writ OF habea corpus wa got out m
ls39 before the Recorder subsequently one before the
Chancellor, acting a Judge q Chambers then before
]
gave il the mother Mr C. sud he thought 4 very
proper Il hnaly taken by Mr. Barry - the supreme
Court in con- posed then Of judges Nelson Bronson
and Cowan The Court decided in favor Of the father
The case was further appealed 20 the Court O Error,
which reversed the decision of the Supreme Court and Al
fined the decision of Judge lngiis-and Judge Bronson
giving his opinion, said human law cannot 20 very iar
out Of the way when Il agrees with he law Of God Inc
Courts below had all acted and heard 'h3 ease on the AT
is, Gs Judges NJ Chambers. -.
In respec, the cue stOn of kdnappmg Mr.. e. sai1 u
Miss aneuabie 10 the law n relation o. before
she msy be since shs has me here The law says n ~
any person who carries takes away. by force or rauo
any child under the age q twelve years VHa the intent
TO deian conceal from IL parents or the person nlYl
right Ia H. and / hope my friend, the gallant Mr. ~
from Ohio. Mr.. said, viii read tins statue they are
liable imprisonment in ;he stat Prison for 10 years
Mr. e. said that Independent. OF the character o.
the woman. and her unttness 20 have the custody
Of the child there IS danger should she &c. out 20
Louisiana any ether Save state not Shstsnding the
protestaons 20 the contrary, she would el X and iaA
te herself for he expense she has been Al N
relation this proceeding She sold the mother 10 slave
dealer Why should We not suppose that she would sch ta'
/ child
The Judge said the question Of jurisdiction As to the
Judges Of the Courts beloF not brought before TIE
Superior Court
Nr c replied that the Superior Court would not have
acted upon the matter there had been any doubt on taf
subject Mr. G. presented further argument 20 show that
the Judge bad fun power this point he also alluded 10
the testimony Srd the law 70 show that Trainer was vady
married to the mother Of the child he has certificate OF
good character from the Mayor OF Mobile and has right
10 demand the child Mr. C. said father He alluded 10
the charaetar Of Miss Porter the description Of houses she
had kept Mobile and at California and the danger there
would be- related 10 the morals Of the child IN leaving
| il in her custody.
Mr. alluded to the remark Of the other side III objects
enough could be found the Five Points and other gac
without bestowing attention upon like this those
Mr. suggested who think of objects abroad are the most
active for the relief those at homeland in regar 10 Mr.
Tsppsu man has done more than he has N enIts 70
-. L.. a~A al xharA