New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-05-17
SUPERIOR CoURT-is CHAnsER5,-Bssore Judge DUER.
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In the matter Of Jane Trainer little black girl in pos
SESSION of Rose Porter No iOl Mercer st. of whom is
father Charles Trainer of Mobile claims aud cus.o
dy. ALREADY referred tO.i This was resumed.
Hr Culver wished TO examine one or two witnesses more
relates the character correspondent Mrs Porter here
If counsel would sdn certain matters alleged 70 be TACT
as to character OF house &c-ihey VIII no REQUIRE H. M
Brady said the counsel might be at liberty TO cali any VIZ
nesses.
The petition THAT Of ths fsther read by Mr
BrsSy IL said that Rose Porter ABOUT 70 oept ior Cal
OTIa ard he fears she IS about taking e aaa cnd INTO
Slavery The petition not signed, ana Trainer was
not present.
Mr. Brady presented propositions Of law that must Be
shown in order 20 sustain the application that Trainer
father Of the child that il was born in wedOck aud other
points OF the kind He COMMANDED that the comfort
morals OF the child would not be promoted By taking
away the respondent he denied that the child could
be taken from another account OF morality by writ Of
Habeas Corpus be said that he would contend that Trainer
bad not been legally married and that strange person
could come in and take this child by habeas corpus there
thousands fchdren that living in houses Of pros
tuton unfortunately bu: could no be reached in this
way although the authorities could tsket them known 10
be there for the purpose Of prostitution There are females
they have been accustomed 10 improper life wno
take especial Of the morals Of children THIS lady
does 3O hold the child IN slavery but says Is free she
has taken passage for California 10 sail Goth Ist under
promise Of marriage and intends take child with her 10
California free State she might have sold the child IN
Georgia but has voluntarily made it free and personally
takes Of L. He would present testimony necessary
The Court said be should hold the petitioner IS obliged to
show authority Of right the child and that the prop
oons not nov necessary to decide and are somewhat
premature.
Mr. Brady said the petitioner could not take the child
back 70 Mobile the laws there prohibited any free per-
Of color from entering the State and subjects thsm,
frs 10 receive thirty ashes on the bare back il they
do not depart when required to DO and any peson can
take them aiterwArd and proof sell them as slaves
lie also commended that free person OF color and slave
cannot be legally married in Alabama The mother Of the
child being slave cannot leave Alabama unless manu-.
med and the child cannot be taken 70 her and there Is
good ground. that account 20 take the child away
~ NJ Rad IL
Alabama tba: free persons Of color visit or are seen
with slaves they will be liable TO receive thirty nine ashes;
and therefore showing that Trainer free man. and the
woman to whom be says he was married, who slave
could not be married He also showed that slaves are in
capacitsied there, by law from marrying
The Judge asked that the case and on being told
that II remarked: "Then they continue their
only by living in violation Of the moral and Divine
AV"