Southern telegraph., 1837-04-25
AROLITIONIsTs.

CINCINNATI, March 10. A case Of much
interest was tried before Judge Doty, on
Saturday last, of female slave, who was
aissins from her mastertbr several months,
and had been as appeared in evidence,
harbored and detained against her will, by
James g. Brnev.
INTERESTING TRIAL.
John Lawrence, Claims that she is
VS., fugitive from
Maiilda,a a colored girl. hbor
Matilda was arrested in this city on Il
warrant issued by Justice Doty, on Friday
the lOlhof March, 1897, and brought be-
the justice for examination at nine o'clock,
when MIR. Eols who was counsel for Matil-
da, moved the court to continue the cause
until the next day at 10 o'clock, Am which
motion was opposed by Mr.. Mclean, attor-
ney for tho claimant, on the ground that
the magistrate had no: the power to commit
the fugitive for trial, but was bound to hear
the claim Of the claimant, and 10 decide up
on tho case forthwith. MIR, Eels said the
magistrate had an undoubted right 10 com
init, and he hoped that the magistrate would
exercise the right in this instance, as be
wished time to look up the law Of tho case
and guidance in favor Of thefigitiye. The
Justicee0utinned the case. until Saturday
the lih inst. to be brought out for farther
examination at IL o'clock A. NJ. On FRI
day afternoon, on motion of Mr., Eels, writ
Of Habeas Corpus was granted against the
sheriff of the county, by the Court Of Com
mon Pleas, to sbew by what authority be
held Matilda, colored girl, in custody -
The writ was made returnable on s lturday
morning at 8 O'clock, A, M. On Saturday
the sheriff returned that Matilda had been
confined in Jail by virtue of commitment
from Mr.. Daty, Justice of the Peace, to
abide the further order of the said D1ty.
On the return Of the writ, Mr.. Mclean NOV
cd the Court to discharge the Haboas Cor
pus, because the return showed that the
confinement ofMatilda was legal con6ne-
lnent, and one with which the court could
not interfere. The motion was resisted hv
Messrs. Chace g. EeIs, who contended,
/. That The laws Of Ohio do, not rccag-
Mise the right of magistrate to issue his
warrant fJr the apprehension of fugitive
from labor.
2. That Justice Doty, if acting under
the authority Of the u. States, had no right
to commit except to the person who arrests.
3 That Congress have or had no righ to
pass law similar to the one now in Ques-
tence, under the Constitution ofthc United
States, and under the ordinance of 1887.
These propositions were enforced at
length, and with great zeal by Mr.. Chase,
and controverted by MeSsrs Lytle, Read
and Mclean.
Judge Este give the opinion of The Court
in very clear and Eorcibe manner, decid-
ing the mode of proceeding was Informal;
that there was no need of warrant; that
the claimant or his agent must arrest fI-
gitive from labor, and carry him or her be-
fore the magistrate, who was then bound to
act; that his duties commenced when the
fugitive was brought before him, and ended
when he had refused to give certificate
or granted said certiicate; that the magis-
Irate might cWnmit the alleged fugitive from
labor to suit, pending the examination, and
that this was for the benefit of the fugitive,
SO that time might be had to procure wit
nesses if there were any; that in this case
the fugitive was committed by consent, that
lime might be had; and although the com
mitment was informal, yet it being on the
back Of the warrant, and having immediate
reference thereto, although no warrant
could legally issue, yet both taken together,
showed that the detention was legal one;
md that the court would not take upon |
to say, that Matilda should be
discharged, but would remand her back to |
all, to abide the decision Of the magistrate. !
ID reference to the objection that the law
$ unconstitutional, he said he could not
low consider it an open question. Decision |
lftcr decision had been made in favor Of
Is constitutonality, and it would not now
10, atthis late day, even to question tS CON
Matilda was thereupon remanded back
0 jail, 70 abide the magistrates decision;
i o'clock, p NJ, she was taken befove
Justice DotS, and put upon her trial.
Mclean attorney for claimant.
Ecls for fugitive.
Richard d. Lawrence was sworn, who
cstifed that he had known Matilda ever
ince he was old enough to know any one.
She belonged to bis uncle, Larkn Law
ence, who lived in Anne Arundel county,
her mother was named Polly
md was slave Of his unclcs; she (Polly) /
vas purchased and set free III May last.-
lis uncle and self, together with six slaves,
eft Maryland on the 25th Of May last, for
he purpose Of going to Missouri to live.-
phey came on through Virginia to Guyan-
otto, where they took the steamboat Eagle,
ound for ST. Louis. The steamboat siopp-
d 1t Cincinnati on Sundayythe 18Th June
lsg, and was detained here unloading aud
king in freight until Monday evening.
ii Monday alter dinner, they missed this +.
IasiIda and her sister; her sister, about
10 years Younger, was found the next d.ty.