The Vermont freeman. [volume] (Montpelier, Vt.) 1842-1843, 1842-12-10

was tortion on the part of Stratton, and unlaw-
f;,i, aud, there being as yet no authority from
| Gray, the master, to either of them. they we're
trespassers.
The next morning, in the Police Court, the
examination of Latimer on the charge of larceny
,cithin the Commonwealth, was, by agreement
between MIR. Austin and S. E. Sewa, Esq, who
had been employed as assistant counsel for Lat
liner, ordered to be continued until after the
hearing the habeas corpus.
Afterwards, on the same morning, in a con-
versaton with Mr.. Austin, Mr. Merrill incident
ally remarked that the complaint entered by him
| (Austn) against Latimer, for larceny aoithin
the Commoaweath Mr.. Austin replied that
there such complaint; that the one he
had made was for larceny in the State Of Vu-
ginia. and for being fugitive from Justice there
from. Being assured, however that the COM
plant for larceny 'Cithin this Commonwealth
he went with Mr. NJ. to the Police Court, and,
addressing the Clerk, said, 8 Mr.. Power, did
YOU understand me to enter compl 3int against
! I.sii,ner for larceny within this Comme nweah 2?
!, f" Certainly said Mr.. Power Il never enter
ed such a complaint in the world" said Mr.
Austin To this, however, Mr.. Power replied
by shrug of the shoulders, and by producing
the written complaint. duly sworn to by Mr.
AUSTIN who then stated to the Court, that it had
never entered into his mind to make such a
charge against LatImer that the complaint he
had actually made was for larceny in Virg
and being fugitive from justice therefrom; that
the whole matter mistake of the Clerks.
After this statement from the complainant, Mr..
Merrill moved the Court to dismiss this COM
plant, and discharge Latimer, since there was
now no complaint against him. The learned
Justice of the Police Court donbtingly deserved,
that it was not the practice there to hear mo-
c. Il,
J turn on the warrant as if the whole proceedings
SO commenced by mistake were not illegal aud
coid aud it was not the duty of the Court to
qnash them instantly. S.ratton, the officer, was
then called upon, in Court, to make his return.
r which he promptly declined to do. A motion
was then made for rule of Court on Stratton
to make his return forthwith, in order that a
t motion for Lalmer's discharge mis- ht be duly
made, but the Justice passed no such rule out,
aud thought proper to suffer Sratton to take his
own time.
Thereupon Mr. Merrill, on the ground of Mr.
r Austin's statement, moved the Court to order
nolle prosfqui Nhat the complainant desires not
r to prosecute,) to be entered on this complaint
but the same harmed Justice seemed to- think
that such motion ought to come from the COM
painant as if the compIainant's statement-tha,
the whole matter "A mistake, and that he had
a request to the Court and did not make it the
" imperative duty of the Court to make such en-.
try-so that Latimer kept in prison still
longer by the connivance Of the Police Court
" until neso complaint could be made and ma
warrant issued against him, on the charge o
: larceny IN Virginia, and being fugitive FROM
justice. Before Litimer taken in custody
4 "a such new. complaint, however, MIR. DEBUT,
= CNuff', ny Virtue OF the wrIt~of haoeas Corpus
i again made demand on S,ratton, aud also o,
: Coolidge, the jalor, for the body of Latimer
II but he was delivered up by neither.
= In the afternoon of the second day 10Th
!, new complaint having been entered by MIR. A.
" aud new warrant despatched for the lncar
% kindly condescended to have the first complain
y dismissed, and it was dismissed accordingly.
c We have now given statement Of the pro
% ceedings down to the time of the hearing on tn
II II Habeas Corpus.
10 Whatever deficiencies errors exist in Mr. Austin
70 account of the final issue, will be supplied by the fol
IN lowing eloquent narration, which should like
- make many comments and differences did time an
a, space allow
From the Latimer journal, Nov. %.
e OUR TRIUMPH.
Is The old Bay State has gained most gIori
I'd back TO tell Virginia that henceforth in Mass;
is chusetts jail will be opened at the slaye-hol.
OF es's bidding. The means by which this victor
ID was gained were various. fortnight ago W
I'd thought miracle would be performed before tn
H. prison doors would be opened After the de
s. csion of Judge Shaw at Leveret-street Jail, an
Oh Latimer was remanded to prison, we felt
H. utter despair Massachusetts law lay powere.
nd before slave-catching constitution. judy
n Shaw had submitted to the tyrant We sa
fire and b!oodshed threatened in every directio.
'e- both in the city and country. From one tow
re an offer of five hundred mu>kets was made;
ng the city, notes of warning in the form of clut
IT,, and bowie knives were heard in various qua
m, tiers. There was but one feeling amongst
at large portion of the community-it was dee
and strong-it said in halfmutiered half:savae
le- tones, The slave never shall leave Boston eve
srs if to gain that end our streets pour with blood
he, Some 'honght, and truly, so far we can Judy
ok that if three-pence pound produced revo
Ter tion the liberties Of Massachusetts ,rampIed u
IN. on By CHEST functionaries called for
vas great sacrifices were made insformer times
a Some of our city friends may smile at all this, b.
me we assure them Latimer never would ha,
al been carried off unless at the point of the hay
eni net Feeling that bloodshed would be drea
GU full termination knowing too, from the histo,
IN, of all mobs, that, though sometimes commenc,
9Th for really good purposes, they rarely cease wi
% success in their object, but roll onward al
ou bring ruin where there was originally no inte
to ton to des,roy-we shrunk from doing a,
ant thing to excite these revolutionary feelings,
no on the contrary, endeayored to bring forwa
hat more peaceful principles One Of US, a fol
if night since, consulted lawyer in regard to t
no purchase of Latmer. This was done on
aid own responsibility. A correspondence to-
is place between this lawyer and E. G. Aust
the but Mr.. AS answer was couched in such la
the guage-(see who'll buy9 &c, in our last nu'
us berg evidently coming from the fierce sla,
we'd holders heart, that no notice was taken of
he communication. Subsequently, learning fro
ent La,imer's counsel, that he was held illegally
att prison, some few Of US united and determin
ton to buy him in another manner. According
me. overtures were made to James Wilson, the sls