New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-12-04
THE FUGITIVE SLAVE CASE IN
BROOKLYN.
DISCHARGE OF TIE FUGITIVE.


These are proceedings on a suit Of bsbess corpus
Issued by Judge Culver on the IL. inst. to tske the
body Of one Thomas Steele, colored man. who ssl
ale ed 10 be detained a. tie house Of ThonA Nc
Nuty, in Dikeman street. Bed Hook Point, Brooklyn n.
Steele, known as John Smith, John Doe and John
Roe arrived at the port Of New ork Saturday lss.
in the stesmtkip Florida, Capt. Crowel. lie had en-
baked at Savannah, having psid second cabin pass
sse short time after the ves,sl lefs port, il was
discovered by ofthe passengers That Steele was
fugitive ssve and on the arrival Of the vessel at this
port be was placed in charge oftwo men named John
Cowen ard John jackson, and by them taken to the
house Of: McNulty, where he was detained, beirg
guarded by JACK son and Cowen who relieved by
Timothy X. Macon and Thomas Lswer. Taese fact,
coming to the knowledge Of the ielaor he proceeded
before Judge Culver on Monday and made the follow
irg petition:
To The Hon T. d CrLvER City Ju6se
The petition of Theodore TiltOn shows that John
Roe alias Rich ard Roe, alleged to be a colored man,
is secretly corfned in This city against bis viii aud
detained ard restrained of his personal liberty sgsnst
bis will, by Thomas McNuty, grocer at the corner
Of Dykemsp and Richards streets. and that he is not
committed or detained by virtue of any process issued
by ary Court CT the United States or any Judge
thereof, nor is he committed or detained Dy Virtus OF
any final Judgment or decree Of any competent tiou
nal Of civil or nina urisdicton or by virtue OF any
execution issued on any judgment or decree ths. tue
cause or preterse of euch retaining and detenton OF
sutb persoD according to the best Oh the knoweose
and belief Of your petitioners, that the persen 60 de-
tanned may be shipped board the Charleston
steamer which sails on the ID inst for Charies'on s.
c. ard be sent out of the State against bis VIII anc TO
be held To service against bis WILL Wherefore, your
., ttoner preys that writ OF habeas corpus issue,
directed to the said Thomas McNly aud to bis eer-
vants ard agents. ard 10 every aud any other person
having in charge, 6eteIton or keeping the person 20
Nd him OFT am a
&C the person So detained before me at my Office, No.
III South Ninth street, Brooklyn forthWS ~, rov
I GsTn pse of Kgs ctr of BrooiiSa S. theodore
Tilon beii duly affirmed, doth depose sod say that
the facts set forth in the above petition, subscribed by
me are true THEODORE TILToy.
AHrm,d befo,e me this Ist day Of December 1857.
SAM'L L. HARRIS, Comm'r OF Deeds.
Judge Culver hereupon issued writ o. haoes
corpus, which was placed in the hands OF Dir. Samuel
L. Harris Clerk of the City Court, who, in company
with Constable John Oliver and Deputy Sheriff Aus
in. proce eoed to the house Of McNuty where they
found the fugitive in the custody Of Mason aud Law
Ter. Tie officers took charge Of Smith and conveyed
bin to the house Of the Judge in South Ninth street,
Wilhamsbush, when, in consequence of McNulty not
appe slrg to return the wit the was aeudicatec
ard the man discharged.
Yesterday McNul'y appeared by counsel, Aessrs.
Robert W. Andrews and s. d. Lewis, in answer TO
the wit and explained that the fugitive was not in
lis custody; that he had not been detained by him.
ard that he knew nothing OF his Whereabouts at
present.
Counsel proceeded TO make objections to the writ as
berg informal in not setting forth upon its face that
il was issued out of the Sapreme Court, or by aoy
Judge CT the Court ard not having the seal OF that
Court upon it.
The Court raid that writs OF this kind were always
isued in hurry and sometirnts errors might occat
Counsel remarked that writs of this kind were some
times Issued in too grea hurry, and prostitused for
the purpope for which this bad beou
The Court ordered the writ tobe amended, to which
the counsel objected, as the Judge citing as Com
missioner could Lot amend the wit
Counsel then put in the return to the writ, the sub
stance Of which is stated above.
VIII. Gale, esq counsel for petitioner, then pro
ceeded TO traverse the return TO the writ BY denying
the allegations set forth in the return, and contended
that they were bound to subssnta.e the truth Of thai
fact.
Counsel for defense objected, claiming that Mr. Til
ton must he present ard swear to the traverse He
stated that he was ready to chow that they had not
restrained this man of his liberty, and also that the
wit of this Court had been prosituted to aid these
officers in kidnapping.
The Court stated that if the order OF the Court hsd
been tempered with, the parties offending would bs
severely punished.
The defense then produced the following testimony
Timothy K Macon swoIn-Knows ucNulty;
vss at his house when the writ was served by
Officer John Oliver on the LIST OF December; was
about OF 10 O'Clock in the evening; was in room
with the pegro man Thomas Steele and john Lswler,
when heard some one on the stalr, eau OUT Tor
| Iiebt opened the door aud cav Mr., Har1s, VINO
asked me where the man was We lad q prisoner ,
mt GEA
started 10 90 down st.s TO get him, when he saa ne
| did rot want McNuy, bat wanted the man. ne then
called for the Sheriff TO show his waraAt he showed
me paper, ard put it bsck into his pocket ana then
came up stairs nto the room which pointed out t.
him Harris then came into the 10 ON aud told the an
he wss prisoner; the man asked for mis- pantsIoons,
which gave HIN, ard be went away with the oiicer;
they tcld Men ly that they wonl1 like to have MIN
at the Hall with them, but McNuty sad that he could
NOT 60 as there was no to take charge OF biz pec
they then told him TO he at the Hall at III O'Clock the
ne II day, and went away taking Steele with mem,
don't know where the negro 49, and have not seen huI
tiEce.
Crosse1amined--Lve at No. 81 Greene street. Ne n.
York; am special Deputy Sheriff TO attend or the
SayaI nah steamers have badge No. % OF the Met.
ropolitan Police, as am special policeman appointed
| by them; fret saw the negro on Saturday evening
when the steamer Florida came in; from the time I
saw bin on the steamer till saw him Monday he
was at McNulty's house, saw him on the steamer
sbopt or O'Clock IN the evening; mex. saw him
| at hoNulty's house on Sunday about noon; did not
leave him On the vessel be went away before did
with Jackson aBd Cowep; gave direction 70 take
him away, ard did not again him till II a. m on
SuIcay stopped there to stay with the prisoner Thos
Lawlsr stad with me and left with me, and Jackson
snd Cowen took our places when we left won't back
about the next morning and found those there that
left; LAWYER was with me; stand till p. N stsid la
the with the negro; relieved each other; st TIE
tire he officers came, LAWYER and the coiorsd msn
ana myself we're in the room; il Is the second story
ffolt room; the door Yves open; did net AJAX by Whist
authority; Harris asked what authority l bsdi l