Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1842-11-29

adviser in obtaining possession OF person haseu "so
| I,aiimer. whom lie claimed as his slave
lie ,ddcd that the party had already been arrestee
BY him aud his assistants, and that he was hen comm
"a in the clock up of the Court house. MI u:hy
fn,ber stated that he believed that Latner he'd stolen
from his store in Norfolk, and that he had evidence 70
snbstun,iute this accusation Having exPianea -
AIR Gray the nature Of my engagements he deiermh
od IN ,ca, until The examination referred TO was con
lrdad Be,vecn four and FIVE o'clock returned 70
nv office and there had further conversation VIII
Nj Crav and beng fully satisfied TINT both charges
made by Mr. Gray were true, and that an attemPi ~
retain Latmer in custody, by force CT ue euiho''9
which is given the master over hs fugitive slave,
woud he attended with great difficulty AZ Mr. Cray
request entered complaint against La mer tor steal
ing list Of the articles supposed to have been stolen
made out by Mr. Gray, being presented 10 the justice
ard annexed 10 the comp LIANT. On this complaint
warrant was issued and committed TO oiicer Stratlon
10 whom q, the came time guve written authority,
saned by Mr.. Gray, to detan Lstimer as a fugitive
from his service and labor, and another paper sgnea
by Mr. Gray, requesting the Tailor TO hold LatImer as
Alr G fugitive slave, and al The bottom OIL ms las.
paper added promise 10 pay the Jailor the amount
which should become due for Lalimers boaid while IN
| Jail -
Al this time crowd had assembled around The Court
house 10 the number of nearly three hundred, mostly
male blacks They seemed 10 fear that aa attempt
would be made to smuggle La,mer out of The city ha,
night and, to quiet their Fears pledged mS word 10
several o. them, 10 whom had been personally known
for many years. that MIR Gray would take nosteps not
authorised and sanctioned by Law. AT clock the
same evening writ OF habeas corpus was ISSUED by the
Chic Justice Of the Supreme Court and placed in the
hands Of sheriff Coburn, commanding HIM. IN the usual
language CT The writ, TO produce the body of Lamer
before him forthwith. Late that night, amid much
,umull and confusion, Laiuier conveyed 10 jail
The following evening, at six O'clock al the lobby OF
the Supreme Court room was appointed Tor the return
Of the writ.
At the place and hour ugreed upon, before Gil the
Justices OF the Supreme Court, the officer made return
that Latmer was in the custody Of Sraton, and that!
therefore, he was not present The court directed him
TO bring Latmer in, and lie was accordingly brought
The answer Of Srat,on 10 the wit, disclosed that
lie cid Lamer by virtue OF two precepls :-lst On
warrant ISSUED by the Justices of the Police Court in
which he charged az fugitive from justice from
Tho State Of Virginla-2j That agent of MIR. Gray,
lie clnmed the custody of Lamer, as his (Grays) IN.
gtye slave Mr.. Gray, also, made claim for The
tody of Latimer, his slave.
The warrant Of the Police Court produced, aa4
Orav's authority to Stra,ton The testimony of SUI.
dry persons two Of whom were casually in The city
visitors vas offered, showing that l.almer had been
known by them in Norfolk as Tie slave Of MIR. Cry
for period of years.
The testimony Of Mr.. Gray was excluded. TIE
counsel Of Latmer raised the point that the warrant Of
the Police Court void, because that Court Ind 40
authority issue warrants in cases like the present, AID
referred 10 the we'll known case of Prigg as Common.
wealth Of Pennsylvania, TO sustain their objecion-
They also commented on the evidence offered to prove
thai Lamer was slave. | replied to them OH both
points.
The Court, after delberaton, announced, lst, that
as to the warrant from The Police Court, they would
give no opnion I'd, that Latimer was legally in the
custody OF Sratton agent of Mr. Gray IL is proper
say that this hearing had IN the presence oil sun
dry persons other than those connected with the case,
and some Of the reporters of the newspapers. The
crowd around The Court House was large, consisting
almost entirely of blacks, who did not hesitate 10 give
vent to their feelings, in no measured language The
return Of La,imer to Jail was attended with rotous
proceedings and several persons arrested
On the following morning, La,imer @ss brought be
fore the Justice OF the Police Court and the exarnna
ton commenced on the charge Of being fugitive from
Justice. The first witness called was Mr.. Gray, but
before he bad proceeded iar in his testimony, It was
agreed between the counsel OF Lalimer and myself,
that the examination should be postponed for ten days:
that the question whether not he was fugitive slave,
should be first settled. Bail in the sum OF $500 was
en fixed for Laiimers appearance at the end oil the
ten days II Immediately occurred to me- that 1t bail
was given By him ne " que lon would arise viz who
should ha the custody OF him in the interval and IN
asmrch The Justices Of the Supreme Court had de-
cided that he was lawfully holden by Sraton as H.
g,ve slave, save all trouble moved 10 dismiss the
complaint against him fugitive from justice, and
this motion granted. Before Mr.. Gray LETT the
Court room he arrested at the SUIT OF atime Tor
SANDER, in saying, believe that "he was thief or
had stolen from HIM in Boston, The amount OF da.
Latimer's counsel and the sheriff, beccame reipons
Llc for Mr.. Gs appearance, and he was liberated. Nc
procee dines have 10 my knowledge been had on this
process since.
1t has been repeatedly said, that this complaint
against Latimer for stealing, fictitious; that first
he was charged with stealing in Boston, then in Nor
folk, and finally it abandoned. have IN answer
! TO sav that the evidence which would have been
offered, was in my judgment full and conclusive, ant
not only sufficient al primary examination to hole
| harn tpF
q jury in returning verdict of guilty True 1t II
that the complaint made in the first place Tor steal
ing in Boston, but error either OF the Mags
,ra,c of the Clerk. Mr.. Gray arrived in Boston or
the le,h Oct lie did not Lamer until he arrested
him the 10TH these facts were known 10 me. Ito"
can any suppose, for instant, that would vo
UNFAIRLY enter fictitious complaint OF this KIND: 81
much for the evidence subsantate this charge, 81
much for the two complaints; the reason why the pro
ceedngs were discontinued have been stated On tht
following morning. Mr.. Grays petition for certificate
authorizing him remove Latimer TO Norfolk, wa
presented 10 Judge Story of the Circuit Court OF ths
United States, and at Mr. G. request, in order that he
might have time to send 10 Norfolk for evidence OF I'M
| title TO Latimer the 9Th Move mber was assigned fol
the hearing, and the following order passed:
Circuit CouRr OF u. s.,
Mass. Dis, Oct. Term, lSi2.
October 22-AGd now the hearing Of this petition
il il ordered by the Judge, that Saturday, the 9th
November next al ten o'clock OF the forenoon, al The
T. S Court Room, be the time and place at which said
petition shall be heard and s further ordered by thu
Judge, that said George Lamer remain in the custody
Of the said James b. Gray, md TINT said Cray do no
remove him out Of this Commonwealth, until ne re
cevc the permission Of the Judge, and that any coun
sci Employed by tie said Lalimer shall have access
him reasonable times until the hearing of this peti
ton.
Signed Josrru Story, one of the Judges Of the su
peme Court cf the uui,ed States assigned TO the drs
Circuit
On The 9th October writ Of personal rerieyin wa
sued out in latmers name, under The statute OF th'
| Commonw wealth II was served on Mr. Coolidge, I'll,
a'lor. The liberty of Laner was sought for BY ,hi
writ, on the giving Of bond to him in the sum o
poe; the question Of L1;mers freedom 10 be trlet
by jury in the Court oil Common Pleas, TO be holder
in this city in January nex: The liberation OF Latino
being refused by MIR Coolidge. writ ofhabeas corpus
issued on application, By the Chief Justice Of h