The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-12-04
The Fugitive Slave Case In Brooklyn.
4 NEGRO TAKEN FROM CONFINEMENT AT RKD HOOK
POINT AND SENT ADRIFT-PROcKEDnGs BEFORE r.
D. CULVER, CITY JUDGE.

NEGRO TAKEN FROM CONFINEMENT AT RKD HOOK
POINT AND sRNr Fr-PROCKEDnGs BEFORE r.
D. CULVER, CITY JUDGE.
The steamship Florida Captain Crowel which arrived at
the port Of New York Saturday brought enc Of its
second cabin passengers, a mulstto, named Thomas
seeee, who paid his passage at Savannah, and was
bound to New York lie Of so light color that the
fact Of his beng negro did not ranspire until somo
days after tho ship sailed, when he recognized
by Of the passengers II then asceraned that
he fugitive slave On the arrival at
New York the negro placed in charge of two men,
named John Jackson and John Cowen, who took him TO
the house OF Thomas McNuy, at Red Hook Point, where
they intended TO keep him until the ship should SAIL and
then put him on board to be returned 10 Savannah.
On Tuesday Mr. Theodore nlton, hearing of the facts
went before Judge Culver and sued out writ of habea
corpus the following afidavt-
To he Hon. Z. D. Culr~r, City Judge:-The petition
Theodore Tton shows that John Roe, alias Richard Doe
q coored man, secretly confined this city against his
will and detained and restrained OF his personal liberty
against his will by Thomas AcNalty, grocer at the cor
ner OF mkeman and streets and that he is not com
mtted and detained by virtue Of any process issued by
any court Of the United States, by any judge thereof
he committed detained by virtue Of the
on issued upon such Judgment Decree that the
preence Of such restraining and detention OF such
son according the best Of the knowledge aud belief Of
the petitioner rs that the person detained may be ship
ped board the Charleston steamship which sails the
I'd inst for Charleston c. and be sent OF this State
whereapon your petitioner prays that writ OF habeas
corpus issue directed to the said Thomas McNuy and TO
his agents and 10 every and any persons having
the charge detention or keeping the person detained
commanding him them any Of them to have the body
Of the person so detained before at office, ia
South Ninth street, Brooklyn, forthwith.
DECEMBER !, 1857 THEODORE TIITON.
County Of Kings City Of Brooklyn, ss.-Theodore riton
being duly affirmed doth depose say that the
set forth in the above petition subscribed are true.
THEODORE TlT!TON.
Affirmed before me this 1st day of December, 1851
SAMUEL L. HARRIS, Commissioner of Deeds.
The writ was placed in the hands of Mr.. Samuel L.
Harris Clerk of the City Court who, with number of
officers the house of McNulty and arrested the
negro taking him out OF the custody Of the persons in
whose charge he was-Timothy X. Mason and Thomas
Iawler-and conveyed him before Judge Culver, at his
residence South Ninth street. about o'clock Here
the Judge proceeded To adjudcate the case and McNuy
appearing to return 10 the WRIT the Judge after taking
testimony released the fugitive Since that he has not
been heard IRON.
Yesterday Judge Culver issued warrants against Thomas
Iawler, Timothy X. Mason, John Jackson and John
Cowcn, charging them with conspiracy and attempt to
kidnap. They arrested by officers VIM A. Russell
and Martin W. Greene, Of the Deputy Superintendents
office, New York, and brought into court
Thomas McNulty also appeared by counsel-Robert W.
Andrews and s. d. Lewis, Esqrs.-and made return to
the writ of habeas corpus
The set forth that McNuty had not detained the
person of Thomas Steele had he had him in his
custody and had not the person of the said Steele in his
custody at the time did he know where he that
he forcbly taken away from his house, aud If his
body demanded habeas corpus sued to Samuel
L. Harris the Clerk of the Court, would possibly produce
him.
Mr. Andrews, on making the return objected to the
writ il did not forth that 1t issued by any
Judge Of the Supreme Court and did not bear the seal Of
the Supreme Court. II witnessed by VIM. II. Camp
bell Clerk, but did forth Of what court he
clerk BY the act OF 1s47 the writ must set forth seal
Of the supreme Court The County Clerk acts IN several
capacities, and does dot appear in what capacity he
acted issuing this writ This writ does not conform 10
the provisions Of the act Of sl issued by the Judge
Commissioner of the Court, and bears no certificate OF
such authority.
Counsel submitted that therefore the writ void
The Court stated this kind generally
issued in hurry and mistakes errors might have oc
Cured
Counsel--wrs of this kind are too often issued in
hurry and prosued for the purposes TO which this has
been.
Court viii allow the writ TO be amended,
Counsel objected 10 this the Court sitting as Com
missioner has no right TO amend.
The return was then made, when the petitioners
sel, H. Gale denied the allegations therein set forth,
and proceeded 10 traverse the return verbally and not on
oath.
objections were made 10 this form of proceeding by
counsel but the objections overruled by the Court
Counsel stated that they ready 70 show that they
had the of his liberty aud also that
this had been prosiitutcd to aid these other
Court-WeIl il you can show that go on. If the order
Of this court has besn iampered with we will punish the
parties.
The following evidence then taken
Timothy X. Mason, sworn-I am acquainted with Thos.
McNuy present when this writ (shown) was served
upon him his house the writ served the day OF
the election by Constable John oliver Mr. Harris clerk
the CITY Court with him. other persons were
down stars four Of them together; coored man
there-he went by the name OF Smith; he was fng
tive runaway, who had come in one Of the Savannah
line Of steamcrshink the steamer Alabama the tirst
Iheard-the coored sitting with US at the time In
NcNulty house-about or O'Clock heard noise in
the house; some one calling for light; the
not dark who was Mr.. Harris stood at
the head Of the stairs he said You have man IN your
CHARGE said I, 'You wish to Mr. McNuly; he said
NO. in a rough sort of way; IL want to sec no Mr.
McNulty-I want TO the prisoner in your charge;
went TO call lr. McNuy, and Harris said, Some
back, want 20 see the prisoner in your charge. e.,
have him. "is that the room" be asked
"How many boarders have YOU" ] answered, Two
or three, l supposed" Mr. Harris called upon Oil
yer as the Sheriff. who down stairs Come up, men,
and show your authority" showed paper, and asked
saw it, and then put iii his pocket Mr. Harris called
II a warrant and told this (0liycr) TO produce IT.
Mr. Harris put his hands the coorcd man shoulders
and SAID, al want you; you are my prisoner when he
them and gave them TO him; Mr.. Harris spoke 70 Nc
Nulty and SAID he would like him up at the Hall with
them McNulty said be could not another officer said
"McNulty, had better go-you must 60 10 The Hail.
NcNuity said be could not ~ his wife was not there
attend 10 business another officer SAID ne would be
at the Hall o'clock next day that would DO. the
lorcd put on bus coat and they took him away;
have not seen since; the negro said that when he
got home he would tell them he never treated better
IN the world they said had shackled him, but that
cross examined-Il live at o. Greene street New York
and am a special deputy sherif under the act (pro
ducinr shield Of Metropolitan Police, No 2e) my family
live al number stated first this colored last
saturday evening Nnen tnc
(NIr. Andrews objected. Overruled.)
First saw him board of the Florida; did not take
him from the steamer was in company.
Mr.. Andrews contended that these proceedings could
not 20 on legally without having the party In Court
The Court determined to have the facts out some
way, II this man restrained of his liberty.
Witness rcsumed-saw colored man about 10 O'Clock on
saturday evening" next him about IL O'Clock Sun
day morning. said with him the vessel TIL be went
away which between 10 and III O'Clock; ne went
away with Mr jackson and Mr. Cowen, they went away
with me TO the vessel; gave no direction 70 take
him away. did not know where they took him I'LL
day; saw him at McNulty's house about II o'clock
stopped there the remainder of the day 10 stop there with
the prisoner, stayed till eight o'clock when went away
Thomas tawor stayed with me; he LETT With me- Jackson
and Cowen took my place returned next morning aboutS
O'Clock aud found those that cit there awlcr returned
with me stayed till about oclock w the evening
STAYED Wy stairs in with this colored man.
left H. Iawler and myself went away.togeher On Monday
night: again at the same hour next morning,
took turns watching Harris and Oliver there be-
tween seven and nine O'Clock the evening, Iawer and
the colored were with me; opened The door 6rst
answer a the NJ flight Of stars-thc