The voice of freedom. [volume] (Montpelier, Vt.) 1839-1848, 1839-03-02
From the Massachusetts, Spy.
Interesting Trial.


Pleas for Criminal Cases, in Worcester a few
weeks since, which on account Of the principles
it involved, and the interest which has been mani
tested in it, deserves something more than pass
ing notice.
Some time last spring a woman, named Olivia
Eames, formerly of this county, but who had for
some years past resided at New-Orleans, return
ed in consequence of her husbands decease, to
reside with her friends in Holden, bringing with
her black girl, named Anne, whom she claimed
as her slave. After while, the neghbors learn
ed that she was intending to send the girl back
to New-Orleans, and was, in fact negotiating
through friend in that city, for her sale. She
had been offered $500 for her. but asked $1,000.
Meantime, while arrangements were making for
her removal, the girl repeatedly, though cautious
ly, expressed to the eighbors her alarm at the
prospect of being returned into slavery, her de-
sire for freedom, and her hopes that something
would be done for her rescue
Knowing that, by the laws of the State, she
was entitled to her freedom, and that if it was
not attended to- she would soon be beyond the reach
of those laws, acru Of personal repzerim was
obtained, to remove her from the custody of her
mistress, and was putinto the hands of an officer.
The serving of the writ was strenuously resisted
by the Mistress even to the offering of personal
two or three hours, he obtained custody of the
girl, and she was removed, and was provided for
by those who obtained the writ, and who gave
bonds to abide the result of it. At the term of the
Court at which the writ was returnable, (the first
week in September,) the action was continued till
the next term.
On the 9th of September, the term of the
Court for the trial of Criminal Cases commenced
and the circumstances relating to this case became
the subject of investigation before the Grand Ju-
ry. The result OF the inquiry was, bill of in
dictment against Samuel Stratton, Samuel Fos-
tor, Farnum White, Jr., and James Cheney, for
a conspiracy to remoue Anne from the voluntary
seruice of Oliuia Eames and, for the accomplish
ment Of that purpose, making uSe Of the process
Of laac commonly called acrit of personal repleu-
IN. For the resistance, which was offered to the
service of that writ, no indictment was found
The defendants a0ere not arrested, but learning
tbat bill was found against them, they volunta-
riiy appeared and asked for trial. Investigation
was what they most earnestly sought. The Dis
trict Attorney, however, did not see fit to bring
the case to trial, but had it continued till the jan
uary term, against their wishes.
AT the December term of the Court of Com
NOR Pleas the action of replevin again came on,
and was suffered to go by default against the de-
leHudHt, June HllSlTeSS) anu Judgment was TAKEN,
against her by agreement Of the parties, for NOM
inal damages, of one dollar, and costs of Court
Thus, the freedom of the girl was legally estab-
lished.
The Indictment was called on the Goth ult. and
the defendants prisoners they were not) again
voluntarily appeared for trial. The case on the
part of the prosecution occupied the whole of the |
29th and till past 10 o'clock on the morning of
the Both, The points which seemed to be chief
ly relied upon, on the side of the government
were, first, that Anne remained voluntarily and of
choice with her mistress, and had no wish to
leave her, and secondly, that, although she might
be entitled to her freedom, and DESTROYS of leaving
her mistress, yet the defendants had no right, on
the suppositlon or the knowledge of such choice,
to take upon themselves to act in her behalf, un-
less they should show special authority from her
for that purpose-and that, without such authority,
they exposed themselves TO the penalties of this
prosecution. The question growing out of the
last position was argued at some length, and was
not sustained by the court to the extent claimed
half the government made out toleraby fair
case, provided there had not been another side to
the question, and admitting it all to be true and
not colored, one would have thought, almost, that
Anne was really DESTROYS of remaining with her
mistress, and unwilling to leave her when the Of
ficer came for her.
The counsel for the defence then called his wit
nesses without making any formal opening of the
case. Two, only, were examined before the ad-
ournment Of the Court for dinner, and, although
The strength of the defence was not in, yet we be-
live very few left the Court House with any
doubts of the result. twas shown, by these wit
nesses, that Anne was under such state of du-
ress, in consequence of threats which had been
made to her, that she dared not to speak publicly
Of her wishes, or to give her mistress any cause
o suspect her intention of leaving her. Still, she
lad communicated 10 those in whom she had con-
idence, her desire to become Free and her wish
hat the necessary measures should be taken ito
effect it, and in consequence of her request, the
writ Of repleyin was procured. 1t was shown,
o. that Instead Of going reluctantly with the Off
er, as had been pretended, she, in fact, had been
lnxiousIy waiting for the Opportunity and her S
clothes all packed up in two bundles the day pre- t
'ious, ready for a start. Her mistress found the +
bundles, and mentioned the fact to another person,
at the same time, "if she was not a a
ugger, it would look like running away" i
AT the opening Of the Court, in the afternoon, t
he District Attorney addressed the Court and re-
marked that the testimony already in, on the part
if the defendants had given a new aspect to the c
tbot tho oovornunont bo1 No tactrnon,, H., 7