The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-05-25

Before Hon. Judge Duer.
May A.-IS the kastr Of JANE TSaims There was
large number Of persons present to witness proceed
iDgs In this long protracted case.
At the sitting Of the Court Mr. Culver was not present
he being engaged In another cause Mr. Tappan said be
would arrive In few Minutes
The Judge said the examination Of Trainer could
be proceeded with and taken In the absence of Mr.
Culver. He then enquirsd II Trainer present.
M TAppan answered that he had not him to-day
Mr. Brady.-I hope he is not gone of another rail
road excursion, want to have this matter settled
QAughter)
Mr. Culver then came in and said that be had seer
TO Trainer and he refuses to attend He says
ne desires that Mr. Tappan should the custody
his child but he won't to court again. let the
end as it may.
The Judge said it impossible for him act the
testimony OF witness unless he s examined II
ne declines to attend, must of necessity dismiss the
case
Mr.. Brady-we are not to be triAed With any longer.
Mr. Culver said that Trainer has refused to come to
Court he understood that there asge attendance
Of men in Court yesterday ready act In the child
given up to him.
Mr. Brady then moved that the child be remanded to
the custody from which was taken He referred to
the proceedings the other day when Mr. Culver urged
to take the child from the woman which cannot
be done except by the law and he Mr. Brady had taken
prevent 1t being done other Mr. Culver called
the people to take the child ,eaceably upon the auho
y Of her father Mr. Culver child by the hand
the Police Office and preferred charge of kidnap piping
sgsinst him, which was dismissed this morning.
ana If not he must dismiss it,
Mr. Culver asked the Court for process compel the
attendance of the father.
The Judge remarked that the difficulty is that the ap-
picaon is on behalf of the father and if he declines to
prosecute his claim ! cannot compel HIM
Mr. Culver-It is the suit of Mr.. Tappan
The Judge-No, it is in Mr. Tappan' name behalf
of the father He however would send the officers of
the Court to accompany Mr. Culver to Trainer, and tell
frovnf nf
and authorities will protect him and that if he does
come the chd will be given to the custody of this
The case was then adjourned till 2 O'Clock.
At O'Clock the officers and Mr. Culver returned with
Trainer who was put upon the stand and his
animation by Mr. Brady continued. He said the reason
he did not come this morning that he got hold
OF by man and some loafes and knocked down and
his arm cut not threatened by any white man in
this court; was not strusk since he examined here
Yesterday Mr. Culver since left court yesterday
told him and Mr. Tappan would not come; told him
afraid to come.
Judge-Chsrles, why were you not equally afraid to
come yesterday
wtness-I did not want to come yesterday
To Mr. Brady-Wben came to New York paid my
own expenses, have not received any money from
Mr. Tsppan gentleman in Dunkirk gave me some
money; no white man in this city gave me any money;
came on here in consequence Of q telegraph received
from Mr. Tappan- Q.-HoE did you go to Dunkirky A.
Il Was inquiring for friend named Gordon;
TO and told that he knew where that friend
lived he took me somewhere the river; don't
know his name he was colored man; did not ask
him his name he did not say who sent him to me;
was between breakfast and dinner time; sober;
don't drink; he got somewhere. don't know
exactly where paid the fare, and gave quarter, and
they gave back three or four three cent pieces;
the man paid for himself; it took more
than three or four minutes to cross over /
can't say how long the boat was; 1t steamboat; it
appeared to be town the other side; the took
me away off on country road about two miles, we met
over the head with stick; have got mark my
head il did not draw any blood; it did not knock me
one CT them cut me in the arm away of in another
direction, and met and asked him where the
railroad cars; he told me and jumped in
Wtress-No, not till got in.
Judge-Then you were ready to 60 anywhere
Witness-Yes, sir; did not where went SO got
To Nr Brady-There were great many persons in the
cars did not tell any one what ha opened to me paid
So 10 go to Dunkirk; told the in the wanted
to to Cleveland and he said shouli re the tlcke in
New York and then asked him low much it to go
arrived there; 1 ses; 90 ne ssop IL c~csea man
named avis, balser, s1d l;oiA ivro,s theAettsr
envelope for me- ami g,re .ito y'-a. ansfo pat in
the Post Office, wood aavs.Soae :" Icvo!sod. ii
! had had money: ! % -. 'asis. to 70 to Mobile
Q-Then you .nnnd 49, vie ssooiieY
Al want mAAs mo.e. enols..,o ~ he-,
do not interd to-. take nv c::-: : ioois VI
Dunkirk; aid wcuN comesoacs :. az. Tappan would
protect me- 40 soon sot z the terry on the other
me and VINO brought inc cx,rrs ONCE - NO White
has n-eatesseg ne 10 tAs city before went to
punki,k, ] bacs. don't drink liquor;
savorite drink continued laughter.)
Judge-Did you not leave this city with the intention
OF going to Dunkirky
witness-No, sir; did not intend to go until was
beaten.
The Judge looked at the witness arm and said there
was q cut ON il, and that his shirt also cut.
To Mr.. Brady slept Al Mr.. Gibbs and Mr. Harden's
In this city left my carpet bag in this city when went
DuDkik sent despatch to Mr.. Culver also, and told
him whe,e was; did not send word to the woman
where left my carpet bag because didn't know she
was friend of mine; havn't gone for my carpet bag
since came back.
Mr. Brady said he done With the Witness except
to the question of his crminality with other women.
Mr. Culver objected to the question the ground that
il is an indictable offence by the laws Of Alabama.
Mr. Brady commended that the penalty pecu
mary one uniting to $780, the witness could not de
The Judge said he would permit the question. as it
may become matter of discretion with him as to whose
custody he would give the child
Question by Mr.. dyAfter you we're married to En-
ma you not in the habit of being with other wo-
A. How am to answer ts GAughter.)
The Judge repeated the question.
Witness-Wen, not in the " habit may have been
with one or two but didn't make practice OF it; ex
pect have gone into places when my wife left me- but
didn't make practice of it every day and every night
man where lodged in Church street whom they called
Fred Douglas Oaughter) O. Did you tell any colored
before you to Dunkrk that you we're tired Of
this matter that you determined to leave the
citzs A. No. sir, never said 1t to any man.
To Mr. 0ulver-At the time the four men were knock.
pe me one of them said if they caught this side
aEain they would kill me; took two shirts with me
TO get washed have not the coored man that went
the rvsr with me since; got money from different
back, for which gave receipt
To Mr. Brady--i don't think III stay here viii work
lam rot afraid now, but then don't intend to circulate
around much. Uaughter)
To the judge am carpenter By trade, and can do
anything with piece of wood that other man can
Mr. Brady said he would now examine the child.
TheJudge Intercepted the child, but she said she did
know anything about oath or the nature OF being
sworn she used to go to church and Sunday school.
The Court hpu gaid
questioned without being sworn.
O. by the Judge-Do you wish to remain with Mrs Por
teri Ayes. Q.-Suppose you met some kind person
in as city who would treat you kindly give you trade
and instruct you would you not prefer remaining here
Al don't know; my mistress sent me to school some
years ago and she Is going TO send me again
Q.-By Mr. Culver-H you we're free would you not go
back 70 live with your own motherY
A.-No.
Mr. Brsdy-She is free and we made her free.
Mr.. Culver-Thank God the Laws made her free and not
you.
Mr. Brsdy-We mace her free and without taking a
receipt for 1t. daughter
Jane Trainer Ito the Judge)-My mothers name is