Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1855-01-05

vice to importers ofnegroes several cargoes of whom
! had been lately landed
| All the forts of the Island have recently received
heavy ornaments from Europe.
! Sugars were quiet at a 8 reals for yellow Mus
covado 4 5; whites u g. Stock $4,000 boxes.
The weather was favorable for operations on the
states.
From Washington city.
! WASHINGTON, Dec. 27.-On Saturday last $780,
900 U. S. stock received the Treasury for re-
demption.
| Lucus, convicted of forgery last week, has been
sentenced to four years imprisonment in the Peniten
tiary.
From the Daily Alto Californian
Application the Discharge of the Russian Pris-
Boa i the Sltka.
A WRIT OF HABEAS CORPUS GRANTED BY JUDGE NORTON.
An application made at Chambers yesterday 10
Judge Norton for writ of habeas corpus to discharge
certain Russian prisoners on board the Sitka. The
point insisted upon by counsel, in making the ap-
plication seemed to be that the prisoners could not
be retained on board the Ska, she merchant
vessel but however this may be, the taking of pri-
sOners of war from board national Or prize YES
sci, is most serious proceeding, and not unlikely
create government difficulty. Whatever the right,
under strict construction of the law. it is certainly
taking daring step, and that may lead into dan
ger and difficulty
The following is the petition which the writ was
sued out:
To the Hon Edward Norton, Judge of the 18th
|
! The petition of N Khroff respectfully represents
that petitioner presents this petition in behalf of Jo
| han Zakens Nystrom and Johan Reinhad Blom, be-
cause they held in illegal custody, confne-
ment and restraint, and therefore unable to pc
! tion for themselves.
| That the said Johan Zakens Nyslom and John
Renhald Blam are illegally held in custody, conne-
ment and restraint prisoners of war board of
certain vessel called the Sitka, now lying near
Sauceto, i the Bay of San Francisco, in the State
of California, by one Grone whose first is I'M
known to petitioner and certain other persons,
unknown to petitioner, calling themselves officers
and seamen of the navy of Great Britain, and claim
ing to hold the said vessel prize of war, taken
! the high seas.
That the illegality of the said custody, confinement
and restraints consists in this to wit
| First-That the said Johan Zakens Nystrom and
JOhan Relnhad Bom cannot be legally held in Gus
| tody confinement and restraint by the said Grone
and the said certain other persons calling themselves
officers and seamen of the navy of Great Britain
prisoners of on board the said vessel, called the
| Sltka, within the State of California.
Second-Because the said vessel, called the Sitka,
and the said John Zakens Nystrom and Johan Rein
bald BIom were brought as aforesaid from some place
within the possessions of Great Britain into the Bay
of San Francisco in the State of California. and be-
cause prisoners OF war so brought from place with
in the possessions of Great Britain into the State of
California, cannot be lawfully held in custody con-
lnement and restraint, in the State of California
hoard of the said vessel called the Stka, also so
brought from place within the possessions of Great
Britain into the State of California
! Wherefore petitioner prays that you will be pleased
to grant him your most gracious and mercitul writ
OF Ha6eds Corpus, directed to the said Grone, first
name unknown to petitioner. calling themselves sea-
men OF the navy OF Great Britain, and now holding
possession of said vessel called the Sitka commanding
them to have before you the bodies of the said Johan
Zakens Nystrom and Johan Renhald BIom, to do and
receive what shall be considered concerning said per-
sons.
And petitioner will ever pray, etc
N. A. KH1TRoFF.
Sworn to, 25th November.
Edmund Randolph, Esq, appeared for the petition
The Judge entered the following order:
Let writ of HabeaS Corpus issue, pursuant to the
prayer of the within petition, returnable before me:
at the Court Room of the Twelfth Judicial District
Court, in the City Hall, City of San Francisco, on
the 9th inst, at 10 o'clock, A. NJ, OF that day.
EDWARD NORTON,
Judge Twelfth District Court.
November 25th, 1854.
The writ was placed in the hands of Deputy Sher-
if Lake for service.
The Alta Californian of the 9th ult says:
1t that the hdbeas corpus issued in behalf oil
the Russian prisoners has been decided in a very
summary and rather extra judicial manner The
writ delivered to the second officer of the Sitka
> on Saturday afternoon, by the Deputy Sheriff, and
the prisoners to have been brought up this morn.
decided, and they either returned set at liberty.
Yesterday morning, however, about dayl ght the of.
fcer in command of the Sitka, not being inclined to
submit to the g laws delay and run the risk of loos
| ing the trophies won in honorable fight" hoisted
anchor and took his departure, probably for Vancou
YER He has certainly rendered himself liable tC
punishment under the 9th section of the Act concer
ming wrts of hGbeoS corpus which viii doubtless BIZ
administered 10 him if he is ever apprehended within
the borders of the State. On the whole we are mo-
that this is not the best ending of the whole mat
ter. 1t has certainly saved the decision of an excl
ting question which would have led to much i'll feel
ing in our community and one in which as a people
o we are in no manner interested.
NIGHT RUNNING Upon RAILROADS We have som,
times heard ii remarked by hmid persons that they
4 would travel by night on Railroad-ther i'm
preston being that there is more danger of accident
in the dark than during daylight Upon first though
;. this would seem TO be the fact; but a writer in thu
# Railroad Advocate takes different view of tn
J., matter, and certainly makes out a good case H
J., says that there many circumstances which
t. make night running comparatively safe. All wor
It upon the track is stopped Comparatively few othe
q trains on the road No drawbridge would eve
ID be likely to remain open in the night Switches ar
more likely to be right than at other times as the
are not in for other trains and are locked
The signals made for the night trains being mad
"a by lights would scarcely fail to be observed and
es what is Important would be seen at greater dis
lance than any other signal in daylight. The engi
has less to attract his attention than in the da
of time. While,after ALL rock or tree falling across
bend in the track in broad daylight or an intende
81 obstruction, is nearly as much hidden danger" a
if encountered In the night. There are many place
IT, in nearly all roads where the range Of view is les
than the reflection of the "head-light' at night s
al after all, it would appear that one can take night