New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1854-06-03
THE LENNON SLAVE CASE.

srrPRrMr cor-RT-sProI,L TsRu-Before Judge CLERSg.
In the fall of 1882 will be recoected, Jonathan Lem
non and wife brought into this City, on their way TO
Texas two young and their infant children and the
two brothers of of them about and Is years OF age
in all the slaves OF said Lemmon that they taken
on habca corpus nomnay issued at the instance of Louis
Napoleon leading coored man OF this City, before the
late Iudee Paine Mr. Culver being counsel and their dis
CHARGE from slavery under the laws OF New FORK whicn
declare that slave voluntarily brought into the state by
his or her master shall be free demanded Judge PANE
after the hearing of testimony and argument decided that
under the laws of NewYork, the slaves entitled TO
their liberty and made order accordingly
From that decision a ccrtiorar or appeal was got ou;,
by' Mr. Lennon, from the Supreme Court in this City,
il being understood that the slaves or their saue would be
forthcoming in case the decision reversed Ia sub
scrption was made up by which Mr.. Lennon received
from citizens of New-Yok about 5000 for the slaves
Judge Paine himself leading the subscription with sOOi
and the Legislature of Virginia adopted resolution to
prosecute the appeal in this State and carry the Supreme
Court Of the United States necessary with view OF test
ing the constituonality of the Ncwior State law
The matter being about to up for argument
Mr. Culver moved yesterday for order as IN all cases
of non-resdents that the plaintiff file security for costs
Messrs. Lapaugh ~ Andrews who originally were en-
poyed by Mr. Lemmon,) appeared in opposition to the
motion Mr. Lapaugh commended that citizen OF another
State coming INTO tHls tidusi'u e'"SS
and those slaves under habeas corpus declared free
and taken from him. he has right to prosecute his case
without giving security for costs They are prepared
under circumstances give security but he conended
that the requisition wrong in principle Mr. Culver
held TO the reverse and contended that Mr.. LENNON
being nonresident, is bound to give security
[The case when it comes up, will probably be argued
by the Attorney General of Virginia for Mr. Lennon
and the Attorney General of New York Ogden Hoffman,
for the people of NewYork, the title of the suit
terned.l
Mr. Lepaugh quoted, in support of his argument lat
and % r. S., 62O subd l. Moore agt. Cooley Hill,
4l2; Stone ag Mayer DEMO of New-York, IS Wendell,
l57; DEMO 629; LIST Duer, rs; Il. & Aldcrson 7O2.
Mr.. Culver in support of his notion quoted Let and 2l
r. s., s2l; 18th Wendell, G52; LIST DEMO, $50, &c.
Judge Cerke took the papers. Decision reserved
The following is copy OF the certeiorari which the
case il brought TO this Court:
The Peopl of the State of Nec York to the Hon. ELIJAH
PAINE, one of the Justices of Superior Court,
greeting
Iihercas We have been informed by the affidavit of
Henry ID. Lepaugh of the City and County of New.York
fore issued by YOU under your hand and SEAL in behalf Of
eight coored persons, or slaves, named and known as
Emeline, Robert Lewis Amanda Nancy, Anna, Lewis aud
Edward oherwise called Ned directed to Jonathan Lem
mon citizen of the State Of Virginia, requiring him
have the bodies of the said eight coored persons slaves
forthwith before you, be dealt with according 10 law:
and rrcos pursuant TO the requirement of the said writ
of habeas corpus the bodies of the said eight slaves or
cored persons, brought before you and ~hereas
such aud demurrer thereto made upon such
writ that hereupon proceeded to hear and determine
the said writ and rhereas, such proceedings had
upon the said writ and demurrer that you the said JUS
ce did order and adudge that the said eight coored per-
should be discharged from the custody restraint of
the aforesaid Jonathan Lennon and we being willing
be certified of such proceedings had before you
do command and strictly eDon you that you certify and
return those proceedings with all things. papers aud
schedules thereto apperainng Justices of the
Supreme Court at the City Hall in the City of York
the first Monday of December next General Term
Of said Court, full and ample the remains
before you that said Justices may further
be done hereupon what Of right and according to law
ought to be done and have you there then this writ
Witness, the Hon. HENRY =. EDWARDS, Chief Justice
of said Court at the City Hall of the City of New
York this 10Th day OF November in the year Of Lord
1889. GEO. w RiBLEr Clerk
The return duly made but the has yet been
reached The present application requiring plaintiff 10
file securities for made by L. ID. Culver Esq.,
counsel in April last, and order granted by Judge
Clerke for plaintiff show 10th of that month
why he should not file security. The motion post
poned but heard yesterday and decision reserved stated
above,