New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-08-13

United State: or by ay Judge thereof she committed
detained b virtue q The fps adfmsns o. deere Of ss
of any execution issued upon such Judgment or decree that
the cause OF PIetense Of such detention and ~
toner that the said child claimed slave by James
Ker brother Of said Louisa Kerr living in Savannah IN the
And your petitioner further shows th., the said Ellen I: held
carried out Of the state and rns irrepasble
injury che be relieved b issuing oabess corpus,
statute in uch made AID provided. under your hand
snd seal directed any sheriff constable of the County Of
TO- take the BODY Of tie said Ellen bring
Fer before your Honor be dealt with according law
Dated the 10th day of August 1871 JOHN BULL"
icsn Bun Of the City q New York being duly sworn doth
dre tina. the facts set forth In the apoye petition
subscribed '' MIN ''' ''''' JOHN Y BULL"
"subcrbed and before me- this 10th DAY Of August
1857. r.. A. WArSISsos. Commissioner OF Deeds"
WARRANT.
To N, peope ot rie State Of Yo,k To ne Sheyg Of
he County HAestr, any Constable Of said County
Ghereas appears BY satisfactory proof to WIZ oy
petition duly veied and dled with the Judge Of the Count,
and The City of Yo,l that Ellen mp. ,,!s girl
snd The ss Ks and oSs the
Ebenezer RJders or OF NJ Ietsu.on Of the ,sse
sSs s On the to b :is he
State suffer some nePsrabe injury before sue can DC re-
Now therefore In pursuance of the statute such
sde and provided We command you that you take sas @
Forthwith bring her before at Chambers at Ka'Ssfh ia
TIE said County OF on wedns.sy thf 5ay ~
be dealt with according to law and have you 'hen ana n
my hsnd ard seal this 10th day of Angu't in the
year of our Lord Thousand eight hundred and
"W. c. ROBERTSON, We.tchester County Judge"
On Wednesday morning at 10 o'clock the hearing
was Ind at Judge Robertsens Chambers, and the
constable made the following return to the warrant:
RETURN.
,ba llat he
ia warrant was trsted hereby that have duly
the . "a E . sp therein Aud do
b.r return found the said child at Mr. David A. Gnma
KeIr one Of HON present Coar' and that sdyi.ed
both the said ladies' Of the contents fn "d b the
aid child would be delivered TO Judge Robertson un
Station ZENO HoYT Constable"
Miss Lousa T. Kerr very respectable maiden
sdy, appeared, attended by DIR. David A. Griffin OF
Srg Sing at whose house she has been living with
her sis.er. The child present. smiling!y uncon-
scous of the part bore in the grave proceedings,
and Mr. John Jay appeared as counsel for the peti-
toner. Mis- Kerr being questioned by the Judge,
said she did not wish to be represented by counsel,
and she was then called as witness by Mr.. jay aud
testified as follows:
81 r. side in Savannah, Georgia; am the sister Of
Mr. James Kerr of Savannah he is the trustee Tor my
Court is one Of large family Of slaves belonging TO
nv blotehr and sister, | cannot say in whom IN par
cular the title 10 her is vested; think IN my sister
EugtIia NJ. Kerr, who is now staying with the nj Mr.
David A. Griffn's in the town OF Sing.Sing; came
Oh ircm the South the last Spring, arriving in New
York about the 18th April my sister Eugenla was
already there, having come on lat OCTOBER
| brought Ellen with ne with my sister
approval and Ellen has lived with IA ever since
Il New.Yolk and Sing Sing; my brother
krow that Ellen was coming on, and approved 1t;
her moihc, had been sold by my brother, and her
Grandmother neglected her, and We took mn interest
IL her on this account Elen was valued az wy he
light compile xon Increased her value; slaves OF that
connie ZION Usually make clever servants my OrOher
consented TO take $3.50 the childs srandmo'her has
freGusIty teen at the North end could not DO per.
sueded 10 remain the mother OF Ellen IS the youngest
daughter to Dimmock who calls himself John Bull
Dimmock once belonged to my brother, Mr.. James
Kerr: Dimmock is nov fee; he was freed BY his last
master Mr.. Benjamin Garman- big prce Daing rased
in part by Dimmock himself and IN part ny c1nl'ip I
ton; Ellen ia about five years and 81! months old
| brought her to the North because dld no, KNOW
what would become Of her; had her entered on our
departure from Savannah as my slave or servant, ny
,i.,r ard nvself proposed to remain at the Noitn
for an indefinite time-for severel yearsLvisunni
the South occasionally: have no wish that the cIi
should be returned to Slavery but ca WISH 70 rase
the money that we should not lose her whole value
my brother having thrown of 80 ana being 10 en-,
bsrassed circumstances could rot AFFORD 20 ln5o" OH
sDv more am very reluctant to have the chld taken
away fiom me- l am attached to her, and wish 10
keep her with me- have already commenced 20 eau
cs.c her. her Grandfather Dimmock knows how to
reed I long sirce heard Of bis having been on board
the Peacock when taken by the Hornet, and believe
tie part Of bis story Is true
Miss Kerr stating that there were no further state
ments she wished TO make, Mr.. Jay briefly submitted
70 the Court that the evidence showed fscts upon
which no doub. could be reasonably entertained in
regard to the law Of the case and the rights Of the
child She bad not come into the State by escape.
There was not even prctense tha. she was here "a
fraasitn-upon which su argument might, perhaps,
be attempted to be based in support OF claim TO hold
her in Slayery-but she had been brought by and
with the consent Of her Georgian owners, with the
intention Of remaining Ii mgh be that they were
ignorant of the law OF New.York but whether ignor-
ant or rot that law, embodying the sovereign VIII OF
the people Of the State, clear and absolute, and
tie child was Free Miss Ken, who seemed at times
greatly effected during the proceedings, said she had
DO doubt the child was free BY our laws, bat she did
not wish it delivered to it's grandfather Dimhocs'
whom she very heartily denounced.
The Judge reviewed the facts, quoted and applied
the statute ard concluded with the remark that 'he
Gaze did rot admit Of doubt, and that the chud ~as
free Blu. in reference to the guardianship OF the in
.snt he besitafed. after what had been said oy s''
Kerr, TO thrust her to her granhther Whnou'
irouiIy and that he had equal hesitation III e"Ds vs.
again into the charge Of 1Ii.s Kerr under the Peo.
circumstances in which she and her sistei "eie
He would therefore leave the child for the present 10
the charge Of Mr. Hoyt. the constable, anu "ouu
hear tbe p.rtie. ss.n on the question of guardianship
on Monday next. ,
This following order was accordingly entered;
the C,u,.y CO u we..ches.es Caaay, ae.i a.