The New York herald., 1866-07-21
FUGITIVE SLAVES IN COURT.
SUPERIOR couar-cHAmBsRs.


Before Judge McCunn.
JCLy 20-THe People o. Emanuel Es.odn and Palino
Gonsrchi examination in this case commenced II
ono o'clock and attracted considerable attention Much
| sympathy was exhibited for tha fugitives, who are
really very silkely" pair Of darkcs.
The proceedings commenced by Judge McCunn's
| asking II the habcas corpus case was ready.
NOT FIArTERINu TO TIE POLICE.
Mr. spencer-I have ascerained. since che adjourn.
ment sf the court yesterday and prove that these
men we're arrested without any due process OF law
ever cizcd IN the Of this city, and kept by
oficerfor four days before he took them before any
body md that then they taken before magistrate
aud alleged that during that time they made some
! confesns (your Honor appreciate how much they
are wonh they not understanding the English LANGUAGE
and bdng ignorant men, and that there Is thousand
doas reward offered for their apprehension which may
| account FOR the outrage, and TINT II is desired 70
| kee, them until the Cd Of August, at which
! tine II is expected that their maslcr will
10 here. came here to-day merely to
abide by whatever decision shall be made, and as;
that that be prcdcaied upon the rule governing the ad
rnins,raon Of criminal Justice in this city; and shall
wait before argue any extended observation on tho
subject until my friend puts in some kind of return to
this writ.
Mr. Bedford-As understand IL MIR. spencer in
forms me thn ne SeheN OUT VIII hi II II
be obeyed aud the aidavis which were taken bcs
fore Justice Hogan and now on 6e there, ought to be
produced The writ must be obeyed The writ of habeas
corpus produces the body OF the prisoners bnt the
adavits the ceriiorar win bring up tho facts and then
there adavits in this matter which will speak FOR
Judge McCunn--where are those afIdavitss
THE CASE FOR ruGTI,yEs.
Mr. spencer-It is true issued ont writ OF cerorari
IL true H Is Impossible TO serve IT, The mag sratc who
committed these people is not In the city: his clerks
not at their post because ano'her magistrate is holding
the there. ] willing 20 concedc Yesterday,
which not OBLIGED to do. and did concede that
there these aIidavits now say, and havc no
personal quarrel with Mr.. Mcfarol for he has been my
personal friend for the last feen twenty years. but
say that these men have hcen sted by the very
nj my friends elbow wthout process of law. and de-
tanned four days in the teeth or the law before
being taken before any magistrate; and / say
there has not boen particle Of legal testimony
aga nst these men from the time they were arrested
which was the 18th iisstend Of the 10Th until now,
and say the statute that they must be confronted
with their accusers But will meet this thin fairv.
VIII assume that heir master is here swearing
thing and take thr proper position that irasmuch he
ciaims to own these men well everything they
Now may II please your Honor, TO come down TO the
trnc and legal position OF this cas-, have bean abe
to writ Of habcas corpus; return has been
made to It, which Is before your Honor and TINT rctnrn
does not show for the detention OF tesc at
throws The onus upon my friend on the other side
That rofurn as showed your HonOr Yesterday does
not tell yoi where this alleged Larceny took place. no
docs II toll when That Is fatal 10 the commitment
These men havo been In custody on that temporary CON-
nimeit during this hot weather for eiaht days.
and am therefore entitled the face Of that commit
rnent without going outside OF il Lair TO the discharge
o. these men, and II for the urthercnce of the of
justice the gentleman show any for their do
tention. am pcrfectlv willing that bc shon,d do So
an not here TO raise remarks upon the tchnicalities Of
tho commitment; that the mtmcnt worthless
all must admit and that these men must he discharged
upon i unless the gentleman shows some cause,
n,'ist all admit, and tho that il shown to your
Honor the you will bc astoundcd by the history OF
this case II has bccn tho commonly rcccivcd opinion
that this country cannot deprived OF bis liberty
without AZ n m Ia nm
charge of felony he has IN be arrested upon an ada
VII and warrant and has to be confronted within
sonahle time with hts accusers. But In this case
rs in many Others men are seized by the
arm q brute force. they are pt by irresponsible
long they pease under terror and in dures and
when they get ready thev 60 before magistrate and arc
cSS. or osn 40 n,,s indefinite Unit !, until this
marked yesterday md remark again to-day that these
men are slaves and have more doubt than have Of
my own existence TINT the object b. not tho part OF
the learned District Attorney but the part Of o men
that are at the bottom Of thus thing in the suppost on
thai those men would havc friends and 10 the know.
ledge that they had funds to keep them until tncr
master comes hero, and then Ia improper manner
TO take them back to chains and slavery.
riy CASE FOR THE PEOPLE
Mr. Bedford-I was suggesting whom my friend Inter-
ruped inc that tho aGidsvits hle ought be pro-
says these arrested without due process Of
law. and he has asserted this principle Of law
Judge McCunn ito Mr. Dedfordl-Do you concede the
,nss y, BedfordI prove to you the whole entire
,n,,,o ns2ves upon the counsel for the prisoners
doubt, vas fou.. upon he persons az shosr men
s,clsr a. I'm, u. Mr.. Bedord)-This property was
MIR. bed drord-Yes sir
!rage Mccunn TO Mr.. Bcdford,-My question was.
Mr. Bodford-I do not know whether ,aev er, or m,
They stand here arrested or grand larceny
1aS hn,r @ QUESTION arises and very serious
slaves or whether any other authority has the power 70
send ftem back TO slavery e po"o'' w
TIAffh h.srA otatx
o. grand larceny. o'"
court or The supreme Court General uris-
dcton over an alleged larceny provided the theft be
comm tied out Of the state
Judge McCunn Ito Mr.. Bediordl-rhe question Is
whether you admit these men Ia he slaves or nots
Mr. Bediort-I canno, admit that. have never seen
the complaint have sent 10 the Spansh Consul and
have been informed THAT he Is out ri town The gentle
man acting IN his place says that he knows nothing about
The merits Of this
Mr. Spenecr-Every one who IL interested aaainr, IN
goes out OF town ana ieaves these poor negroes IN a
Judge Mccannf will hear the proof OF theso facts on
Tho rart OF Inc prisoners.
Mr. speneerTh, trouble IL do not sec any cause for
hcir detention
M Bcd9na-The whole case is before Justice Hogan,
snn ne held Them conscicntously.
Mr. SpcncerI admit that but say that Justice Ho-
lai or any othcr gentleman cannot dctan such
Judge McCnnn--Oh no.
Mr. Bedford ana informed by tho officer an AFFIDAVIT
was taken before the United States Consul at Havana
mi that AFFIDAVIT was sent over here
Mr.. spcnccr-What good IL IL here
Judge Mccsnn,-Ihat can be Of no service here
Mr. bcdiord-hy only point IL this An alleged lar
eny has been committed. That has been conceded by
ny friend
,nr spcncer-You have to take my whole CONCESSION.
ros.so McCunn-1hc question here is, whether the
will zion VIII admit that these slaves. II 40,
Mr. srppose OF the Gaze speedily.
edford say There Is no donbt about II; but what Mr..
ns,er rnado nm True am perfectly satisfied that the
Sizes consu ct t'gavit before Mr Savage, the United
Lin OF quantity Of ana, that these slaves had robbed
thseoni,,y esf aud jewery, and escaped to
factS w - sieri,--Do you admit that
,.s,,a, M. ssn II Er. jesse vanderroe. ,.,, =,
81 ~ .rs,ai mat memorandum oH" ms ns Wy %
,ns.,, ror lniy esc case was adjourned 6 W
tben counsel OF ny mc, " "'' '1e''N tho l
eaaar 40 not shlAif these arc eutitcu " their
PRISON during ths hot cy ought 70 be kept IN the City
Mr spenss.,ms. Won says that Is mistake.
5uap' q. sseSeci hann SEQ Mr. BsdfoTd oven
We have no est With spain men osa aaSe scsnlle
OF INC iss. ins,s,s b.va @ Wa cosrntsed thcrs a an