The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-12-04

until ship sailed 10 keep him company the ship sailed
wednesday, had handouts at tho time; did not
handcu during the time he stayed there Iawer OH
Ger, special deputy like myself never saw him have
shield did back the morning. because there
was no occasion the ooored man being the possession
co0red man was there.
John Oliver sworn--I am constable attached to the
Brooklyn City Court know McNulty 0dcnthed writ OF
habeas corpus the house OF McNulty on Tuesday
last Mr.. Samuel L. Harris Clerk Of the City Court OF
Brooklyn, was with mo- went there at Mr. Harris re,
quest did not know for what purpose told me just as
We got there, when he handed mo tho warrant which
issued by Judge Culver; then arrested the man ne
almost white some Of Ms; we would call him
mustee" In state; arrested him and took him 70
Judge Culver, where he had hearing don't know that
the man was charged with any crime; was Tor peng
kidnapped that arrested him. have not seen him since,
dontknow where he Is now, and don't want TO know
either.
The Court stated the warrant was Issued the sst
section Of the habeas act The following Is the
STATE Of Hkw York County Of Kiaos CITY of Brooklyn
$50 the Sheriff and 70 any Constable OF said county,
greetngI appearing to the undersigned City Judge,
by satsfactory proof that John Roe alias Richard
Doe alleged to be colored man. is held in illegal con
6nement and custody in the city of Brooklyn by one
Thomas hcNuty and that there good reason to believe
that said John Roe will be carried out Of this State before
he be relieved by habeas corpus certioraryou
arc, therefore, hereby commanded the name of the
people Of the State Of New York forthwith 10 take said
John Roe aims Richard Doe, the said alleged coored
and bring him forthwith before at my Office ia
South Ninth street Brooklyn TO be dealt with according
to law and have you then there this warrant with your
return
Witness my hand and seal, this LIST day Of December,
1857. y. d. CULVER, City Judge.
County Of Kings, ss-1he within named John Roe hay
ing been brought before the within warrant and
having the return of the officer executing the within
rant and the person McNuy having said John in charge
appearing return the writ of habeas corpus and
having taken the process and allegations touching the de-
tenton hereby order said John Roe, alias John Smith,
TO be and he is hereby discharged from Imprisonment
DECEMBER 1857. +. d. CULVER, City Judge
Rcspmed-Mr. Harris served paper the man; don't
know what II was.
Mr.. Andrews contended that this ending of
the and read the order OF the Judge dscharging
Smith tho time designating the proceedings
traordnay that they should under the circumstances be
made To come here.
The Court stated that the defendants showed the
why they did not bring the man forward, but did not
show why they had made no return to the writ He
would now make order in the
Mr. Andrews took exceptions 10 making another order
as the man had already been discharged.
Mr. Oliver, in his cross examination stated that he did
not conceal the name on the warrant.
The Judge stated that he now ready TO hear evi
dence the warrants charging parties with conspiracy
and kidnapping
BY the parties all being present in court
bail in s3 600 IN two sureues for kidnapping, and 81 800
two sureties for conspiracy 10 appear at the next
criminal term of the City Court in January.
The folow wing the penalties shown by 81 title
part r. $. ''Every person who shall, without
hory of law torcbly remove or attempt to remove from
this State any fugitive from service labor or any per
who is claimed such fugitive, shall forfeit the sum
OF $500 10 the parties aggreved and shall be deemed
guilty OF the crime of kidnapping an! upon conviction
OF such offence shall be punished by Imprisonment in the
State prison for period not exceeding ten years"
Thos. nobson No. 2S2 Atlantic street, Brooklyn, and
Samuel Aud % West street, New York, became bonds
for Timothy r. Mason Thomas LAWYER John Jackson
and John Cowen, the defendants.
The writ of habeas corpus discharged, which H.
berates McNuliy.