The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-05-31
The Petition In the Case OF Jane Trainer, the
ColOred Cl Id, Dismissed.
SUPERIOR COURT-IN CHAMBERS.
BEFORE Hon .Judge n

Before Hon. Judge Duer.
MAY So.-The People Rose Porter.-The Judge this
morning gave his decision in the of Jane Trainer
the coored child Diminishing the petition and stating
that he had no jurisdiction and power, sitting
Commissioner to exercise the right of common law,
which belongs to the Supreme Court There great
commotion in court and apprehension of rescue but
the Union men, with Captain Rynders at their head,
looked too Formidable and the negro driven off in
o carriage with Mrs. Porter.
The Judge said that in the matter of the People against
Rose Porter otherwise Rose Cooper the relation Of
Lewis Tappan, the first and most important question
which he had to decide that relative to Jurisdiction
He agreed fully the views of the learned counsel for the
relator with respect to that point He had urisdc
ton The jurisdiction properly belongs 10 court Of
equity had he any right, sitting Commissioner
to exercise the power of law belonging to the SUI
preme Court The propositions for which the counsel for
the defendant contends are fr that the Court has
right to act at all except to relieve the party from Illegal
restraint Imprisonment and when the illegal restraint
imprisonment satisfactorily denied the jurisdiction
restraint is established that this Court has power
except discharge the party from the custody in which
she held If these propositions correct the
say consequences would be that he had power where
child disobedent and refractory, and refused to
live with its parents if brought before him TO compel it
to live with its parents He did understand the rea
tor to contend that he Judge) had any other urs
dicton than that given him as commissioner He had
examined the subject with attention and diligence
The Judge then gave elaborate review of the Law
and the origin Of writs of habeas corpus, in which
he referred to several authorities, amongst which
were the King against Carksop LIST Strange, A. the
King vs. johnson, LIST do p. 57s; do. 5s2; and the
cases and read them, the Judge. remarked that Mrs.
Porter, in her return says the child remains with her
that the child is fee and there is no restraint WHAT
evidence has been gven to show that the child has been
a. There is no % der that the thsr
could say more than that the child Free II the
testimony Of the father uncontradcted the CouOt
to the custody Of The child lie decided however, that
the child had not been unawfuy restrained and that
It is free to go where it peasss He could make order
for the child to be given to the parent.
Mr. Culver-Nor to the woman?
Judge-Nor to the woman either He would not permit
Charles Trainer to go and take the child against her will
Mr. Brady hoped they would not be fools enough to
attempt it.
Mr. Culver thought that the caution would be as
necessary for the other side
After further remarks the Judge said that he had
others Of his brethren and that they agreed With him in
the conclusion to which he had come.
Mr.. Brady said that the law had been indicated
and though his client would not yield her right to
certain camor her sole desire for the prosperity
balf Of his Client She had resisted. and successfully
the attempt to take from her the thing that
to her By the ties Of affection He tMr Brady) on be
transferred TO the Of Mr.. BENJAMIN Newhouse The
now at end Mr.. Trainer. The father had no
other tribunal to appeal to- as the general term Of the
Supreme Court was not sitting and IL the petitioner
would consent the child should given to the custody
CT tie gentleman he had named
The Judge did not think that Mrs. Porter should have
the selection of the guardian Of the child but both
parties would consent he the Judge would select per-
who should give ample security for her care protec
tion and education.
Mr. Culver would like to know who Mr. Ne rbouse was;
whether he was ccllred man a white man.
Mr.. Brady-He is respectable white man like your
self Uaughter) Mr. B then said that he wouli CON
sent to place the child in the Of Mr. Lynch the clerk
of the Superior Court
The Judge here called the child on the bench and in
teToeated her privately after which said that he
coud do nothing without the consent of the parties
Mr.. Brady said be would give his hon9r an answer at
thsae o'clock but at that hour being given
by Mrs. Porter except wnsS her counsel hAd
Offered the matter remains directed the court and
the child continues under the Of Mrs. Porter.
I'VE understand that several apple tions were made
by the abotonists before other judges, for writ Of
habeas corpus, but without ssccsss far we could