The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-06-09


should be apprae the property to be TAKEN and make
estimates Of the cost Of enclosing and identifying It, and
show to what extent the assessments on property In the
vicinity should be levied and to what extent the whole
cost would add TO the the city. Then the ques
ton should be submitted to the people, 'Parkn No
Park" Whatever the result might be there could DO
grumbirg or hard feelings
NAVAL CoRRIsPoaDEScE.-Persons dssirous Of sending
letters newspapers, for officers men, of the African
squadron the North Pacific Surveying and Exploring
Expedition may have them forwarded to their destna
tion by directing, paid, to the of the United
States survey and supply ship John Kennedy provided
they arrive previous to the 18th Of this month.
SUPP cine Court-Kings County-special Term.
Before Hon. Judge Barcuio.
THE NEGRO BABY CASE C0NTINUED-CAPTAIN
RYNDERs IN NEUTRALITY-SUSPICIOUS. OF THE
CHILD-CURIOUs SCENES, ETC., ETC.
The Governors Room in the City Hall, Brooklyn
where Judge Barcuo holding the Special Term and
Circuit Court. yesterday morning densey crowded.
the audience being in anticipation OF the resumption of
this matter which closed the previous day, at critical
and highly interesting stage Nearly every member Of the
bar practising in this county and many from New York.
present, also MIR. Tappan, and several Of
She Who had beer srrested on the Attachment issued
yesterday, az before stated was In custody and also
Mrs Cooper and the child.
Mr. Culver in to the court stated that Capt.
R had not been arrested the officers charged with
the execution of this process being unable to find him
and that process having been returned he applied for
alias writ in order that they might make further
attempt to capture hin. This forthwith awarded.
Mr.. James Brady then and sad he appeared for
Mr. Grumpy who had not, as he was persuaded been
guilty of any such pfacton violation of the law
had been to him. nor had any Of the other par
ties He had only hm.ef heard Of the of
yesterday after their occurrence, and he requested
time to prepare af1davits.
Mr.. Culver npIa ned that the officers had been oh
struced in the execution Of their duty BY tbs
then in Court and further complained that the prisoner
Grumpy had opposed the officer With violence OF the time
Mr.. Brady raid he appeared and would answer for
Grumpy. There aculty for swearing the other
side which he could ecise but he was preparing
the sfdays snd would present them possible
ne aaso 70 see the one upon wncs the VAR mt
eonended was totally uncaled for and for which there
Judge Barculo observed he had thought it the most ex
peditiGus mode
Mr. Brady wished also dispose of the matter in the
most expeditions manner, and after few remarks
it agreed to adjourn the till the afternoon
respondent and child being temporarily placed the
At The hour appointed O'Clock all parties again pre-
senteo themselves, and Mr. Brady moved for the dis
Grumpy The ground alleged msstatem ents in the
deputy ther.h's affidavit which he read, also
% Mrs Cooper setting forth the of
her arrest on Tuesday, and denying any intention Of
tumacy
The Judge sa 9th the warrant vas not against Mrs
Cooper was, there Ore not in custody, but free
Mr.. Brady then read affidavit from Mr.. Grumpy,
to getit copied he deemed necessary and nos with
any intention to obttuct the officer to whom he had
handed II back again.
The Court ndering the affidavit with
reference to the employment connection with Cpan
Ryr ders, direct the defendant Grumpy to attend this
morning. and discharged him, in the meantime, his
own recognizance
At his nncuIe of the proceedings, Capt. Rynders en-
tered the Court and took his seat beside MIR Brady. The
atach ents having been disposed Of the OF the
habeas corpus vas read 1t the same in effect,
that made in New York, denying that the claimant
Cha les Trainer married lawfully to the mother
OF the child ste having been slave and he freeman that
Jane Trainer not restrained of her liberty but re-
NAMED Of her free WILL aud forth aud further
that the writ had been issued under precisely
circumstance. a. the one disposed Of BY Jsdgs Duer who
held that The raid Jane Trainer and the defend
ant insisted that such Adjudication complete bar
to any further proceedings That said Charles Trainer
Mr. Cooper intended take the child to Caifo mia and
to bring her up vituoIy That Trainer had been
olrg persons had That the defendant was not
OF i'll fine, &c.
This Mr. Culver travered in fact ard in law admitting
few facts only which for the part INN seria
Mr. Brady asied if he was prepared with tie -timopy,
and be replied be was and aould cs Charles Trainer This
M. objected TO, Confer ding he was Incompetent and
etered the coort to cote in Hill citing the Of
De Lacey Antoine, sec 4Ss, which gave a con,ise
history of the wit Of habsas corpus BY the sttae
the appan. made to the petition
and by ali analogous principles he would not be eompe
tent 20 give evidence. He kened the case to that al
landlord feekDg to possession of dsmised pre-
mses, or any oiser person moving for summary and
remedial process in all of which the statutes silent
or the Joint and the broad wings Of the code did not az
tend over a case OF habeas.
Mr. Culver said the point had been raised before and
decided in favor of admitting the evidence.
Judge Barculo had read and thought it would do
to reverse Judge Duer's decision within two weeks,
though ne had doubts to the legality but thought II
would be better to take 1t conditionaly Mr. Brady took
an excep ton TO this ruling, and
Charles Trainer was then called aud examined.--The
interesting piccanipy being produced, he that
he knew her and was her father he had always lived in
he witness continued named her. can't remember
the year; have another child older, son;
Douglass married he used to to the
on; had quitea lot OF them; cloud laughtsr3 some
eight or ten Of them there only two living. Q-aew
jec,ed and ruled out--ths Judge remarking, He ia
here and autho ICES proceedings" Mr. Culver Wen,
Porter stop Al heard OBJECTED to and ruled outj
Nrs Porter told hc that da, that be could persuade
the the child hid to go wit with him, ahe would let him
q the ebd HYes, want her Wtness, c, ns ,us
Ny wife slave ed by Miss Porter; lived with
her as her husband, in Miss porter's house
,. Co.'s examined BY was
Q--Whs he licsnsedS That don't know Q-Em.
ma is a slaveY A Yes.
Judge BsIculo-1hat has nothing to do with IT, You
stand on title If you not entitled, then you have
nothing to co with it.
witness continued--Emma has been free,
and have neyE teen slave, reside at Mobile, Ala
bama, when + am at home; live in Thompson
street, New York. Low; have had business to attend
to but this tiDce have been here; the child my
self If Mr. Tappsn Is wiling to help raise 1t
willing he should Objected toy
Judge BaIcuo-My opinion is that this has nothing to
Go with It, 1t is Ike an action Of eecment, aod you
might as well ask claimant what he meant to do With
his land. 1t is legal que stion.
Mr.. B,sdy excepted. ard denied the analogy.
Q-When you lived with this did you associate
with othersf Objected to and ruled out)
Mr. Brady offered to show that be was lecherous de-
PRAYED and dissolute man. (Rued out
Witness had never been to Rose Porters house uo to-
day; didn't know, continued he but she apgey with
me, and didn't care to go myself, QanghteI); when
was in court at New York, Rose Porter asked
speak to the child and to day in the County Judges
Office, she offered me, but would not; che would not
leave the rooIo, and knew it usc had SINH.
Jar proceeding in New York (proof of proceedings In New
York by witness objected TOD when in Alabama the child
ia Miss Porters power and OF he knew Of her
going away; be didn't consent
Re,exau,ir ed-Didot go to 1Ol Mercer street, be.
he oidn't want his head knocked oil. Qlughter)
Jaot Trainer the child then called bat sworn.
ard exami, ed by Mr. CulvcrDdn't know her age; had