The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-05-24

the grocery store Mr. Lynch asserts that Brennan Ia
one of the men in the robbery The accused
was taken before Justice Stuart who the a.
above stated refused to admit Brennan bail but sent
him forthwith to prison.
The Case OF Jane Trainer, the Colored Child
The Return and Part Examination OF hor
Father-Insinuati0n of Proceedings againse
Prominent AbolisionIst for Perjury.
SUPREME COURT-IN CHAMBERS.
Before Hon. Judge Duer.
MAY 23.-In the Matter Of Jane Trainer.-Mr. Brady
proceeded to read the affidavit of Mrs Rose Porter which
set forth the facts already stated by her. and Also that
the person who is using the Of and protesting to
act for said Charles Trainer is lie Wis Tappan, Who
this respondent has been informed and believes II
intermeddling and reckless man. not worthy to be
entrusted with the training Of said That the said
Tappan recently made affidavit that this respondent had
kidnapped the said Jane to that effect which state
ment absolutely false And this respondent states
that she has been informed and believes that the said
Tappan has been within the State of Alabama and
that his attempt to interfere with the custody of said
child is not the result Of any interest in the fate
dition Of the child but of mere love for notoriety
amongst the peculiar class of with whom he a.
socates.
Mr. Brady then raised the point that the Judge had no
Judge said that the father has the legal right 70
the custody of the child unless it is established in
the Wellesley Poole that the father was progate
child.
Mr. Brady meant to contend that it did not belong to
any Justice Of the Superior Court interfere ha
able show that If there was any tribunal in ths
city which had jurisdiction in the matter it was the
testimony that be presented subject to this objection
Mr.. Culver looking at the return, said that the
signs this by the of Rose Cooper She has signed
paper at the Tombs by the name Of Rose Porter.
Mr.. Brady-wel, that is right; she has two namss;
will be known through all time Oaughter)
Mr. 0ulyer-Mr Tappan has but one namc and nams
which does him honor.
Mr. Brady-That will see when he answers our
Mr.. Culver produced teegraphc dispatches from the
father, and desired to put them in evidence.
MT Brady objected The man was here now, and they
could put him the stand and examine to his aS-
duction.
The Judge said that the teegraphs could not be rs
ceived in evidence and they had better examine tho
father.
Mr. Brady remarked that this was likely to be i'm
portant he would desire that should taken down b.
| person deputed by the Court.
The Judge said this would be desirable.
Mr. Culver said that his client Mr. Tappan, would taks
Mr. Brady objected to Mr.. Tappan's being the note
taher Mr. Tappan has oicously appeared this casa
and he is not person whose notes be relied
Mr. faTpan-I appear here without pay.
Mr. Blady-I should think so for no would be fool
enough to pay you for anything.
Charles W. Trainer, the father of the girl, then
called and examined by Mr.. Culver. Q.-what person
got back this girl JaneS AIR. Lewis Tappan.
Q.-md you or not lend any. telegraphic despatch
To enG to to- stop snos
that have sent letter and despatch to him,
to take care Of child; it is at my request he ID
proceeding in this matter Jane Trainer my daughter:
she is about ten DID, The witness then went to
detail the history Of the case which q repeti
on of his former evidence published in the HERALD
and the Judge said he admitted it, though It should not
affect his former decision the point of kdnappingl
Witness contnued-My wishes in the matter now are
that Mr. Tappan should take the child and raise her.
The Judge-Do you mean by that that If the Court
should adudge the child to you you don't intend to take
witness-No sir; won't take her ba tx to Alabama
To Mr.. uver-l wish Mr. Tappan to have the child.
and then am certain she will be free know she will be
well taken Of for Mr.. Tappan is gentleman Mrs.
Porter is not woman of good character If she she
repute and am afraid she will sell ths child that is the
reason don't wish her to have IL.
Ar. Culver said would follow up this point: but the
counsel (AIr Brady admitted it.
Mr.. Brady-I will take the same course that did be-
The Judge Mr.. Brady admits as he did before that
the of bad character but she has reformed
and is about to be married.
Witness continuedl lived in Mobile all nv lifetime
free my wife and myself belong to the Meth odist
Episcopal church where white and col,red people
sorted am thirty five of age my wife is younger.
To the Judge.-My wife rcputed to be slave. We
weIe married by person named Douglass publicly, in
took my Immediately after the marriage visited
her every day as her husband. This time be-
fore she was sold to Mrs Cooper Porter) had boy
before this child / have cohabited with Emma my
wife.
MIR. Brady.-Give the rame of the at whose
witness Samuel. Qaughter) don't know hia
other name. Samuel was his sirname
Mr.. Brady.-Upcle Sam. Uaughter)
The witness direct testimony which was taken down
by amapuensis, was then read over to him.
Cross mined by Mr. Brady-I think Sam thirty Ave
or thriysix years of age; never told woman whom
counting her what my age was reckon my age by my
health ard strength. (Iaughter.) o-Have you had
any intercourse with any other than Emma since
you mariiedp ?
Mr. Culver objected to the question: because BY the
laws Of Alabama adultery State prison offence, and
the witness was not bound to answer.
The Judge instructed the witness that he not
bound to answer any question that VIII render himself
liable to prosecution.
Mr.. Brady ITO the witness) win you answer thu
question: or do You refuseY
Witness-Wat till have done with my counsel.
0aughter.) have brother younger than myself I
can't tell what year ! married; when married
Emma she the slave OF Samuel he was not in the
Douglass, who married us, was carpenter and .
preacher, and think he is gone to Libers.
Mr. Brady repeated his question as to the witness,
criDinality with other women.
MIR. Culver objected 10 the question and tho JUDGE
said he would suspend the examination until they pro-
duced the law on that point
Q.-By Mr.. Brady Did you tahe your daughter
Jane 10 certain house. aud show her another little girl
and ark her TO call 1t sister and tell her she did not
that you would whip herp
A-No, sir; know nothing about It; In Louisville,
when all there there was little girl that jana
used to call Sssey - my wife and have had little quar-.
iels; she threatened me about other women but shs
Nahaley that had~ quarrel with my wife, was pre-
sent, and SO don't know where the crack was Qaugh-
ter)-l didn't look at 1t, for displeased used 10
go away from her for some days. -
The Judge said he would (Hve oclock adjourn the
further examination until twelve o'clock on Tues
day morning. with the understanding that should then
be gone through with. =.
force Of Union men his back into court whom
conmotion perceptibe amongstthe abotioAiss who
looked dsggers but used none.'