Emanuel v. State

Handy, J.:

This case comes up by writ of error, to the decision of a circuit judge refusing to discharge the plaintiffs in error, who were brought before him by writ of habeas corpus sued out by their owner.

It appears by the record before us, and by the return of the officer to the writ of habeas corpus, that he held the slaves in custody by virtue of an order of commitment, made by the circuit court of Tallahatchie county, at December term, 1858, to await their trial on a charge of advising and conspiring to make insurrection, for which they had been indicted by the grand jury of Yallobusha…