Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1843-01-12


Even at this early stage of the proceedings, some
popuor excitement had been engendered and, at the
obienon Of the warrant spoken OF, "a CROWD had as
sembled around the Court House, to the number Of
neorly three hundred, mostly male blacks, to prevent
The slave being moved out of the city that night and,
s.to oniet their fears Mr.. Austin had to 'pedge his
word "lhat MIR. Gray would lake no steps not author
lied and sanctioned by law
On The same evening, writ OF baoeas corpus was
issued by the Chief Justice of the Supreme Court OF
Massachusetts, the to which, disclosed that La
timer vas held in custody, by virtue OF two precepls
First warrant of the Police Court, I'm which ne
was charged n fugitive from justice, from the State
Of Yirrnia"-And second, Grays written appointment
heretofore descrbed) of the J,or, Police Officer to
be his agent and, in that character, TO retain Lamer
cs his (Gray's) slave.
1 Jnon The hearing Of this case, witnesses were
examined, proving I.almer to be The property OF Mr.
GRAY and the Court composed of tall the Justices OF
the Supreme Court" without giving any opinion upon
the other point in the case decided, shat Laner was
| legally in custody of Gray's agent
4 During this trial. the Court House was surrounded
by large crowd, "consstng almost entirely Of blacks,
who did not hesitate 10 give vent TO their feelings, IN
no measured language and, "lhe return OF Latmer to
ail was attended with riotous proceedings, resulting
in the arrest Of several persons.
| On the following day uhe 2lsD Latimer was carried
before the Police Court, and examination commenced
into the charge of felony, upon which he had been ar
rested; but upon agreement between the attornles
in the case, that the question, whether or not he was
fugitive slave should be first settled, the e1amna-
ton was postponed for ten days, and Latimer was ad
mitted 10 bail in the sum OF two hundred dullars. As
this admission 10 bail might have raised new question,
TO wit who should have the custody of George Lainer
in The interval and the Supreme Court oil the State,
had in its decision before quoted recognized Gray
right to the slave Mr.. Austin, 10 save all trouble,
/ moved TO dismiss the complaint against Latiner
| fugitive from Justice, which was accordingly DONE
Before Mr. Gray left the court room OH this occnslon
he was arrested the suit of Lamer for SANDER and
| held to bail in tile sum Of seven thousand doars-
The sanderous words alleged 10 have been spoken by
i GRAY were that "Latmer had stolen from him in Bos
tom but Mr. Austin distinctly denies, in statement
made by him "to the public, that The charge for steal
ing was entered against Latimer by himself, and that
the statement that the crime was committed in Boston
resulted from either of the magistrate or OF
the cerk" and indeed all the circumstances in the case
combined to prove that Gray never contemplated max
nr any other charge of criminal nature against La
mer Except that of obbng his store before ne ran away
| from Norfolk.
i On the 22d, Mr. Gray petoned the Judge Of The
i Circuit Court of the United States for certificate
thorzing him TO remove Laimer to Norfolk, and TO
enable him TO obtain evidence ofhis title The hearing
OF the petition was deferred tie 9th of November
and The Court further ordered that Ialiner slorld
remain in the custody of Gray, who was however pro.
hbited from removing him from Boston without the
PERMISSION of the Court
On the 2llh of October, writ of personal replevin
iailor in whose custody he then The objects
sought to be obtained by the proceedings were, lst,
the substitution of bond for Latimers person; and,
2nd the trial in January next, of the question of La
timers freedom before jury in the Court OF Common
Plens of Massachusetts. The iailor refusing TO berae
Laiitner obedience TO this writ, second writ OF
Mbeas corpus obtained from the Chief Justice oil
the Court of Common Pleas; and upon hearing the
case on the return of this writ 1t was decided that the
State law as far it applicable TO the present
!, hv fhn % O
J, e. States void; and Latmer again committed 10
| Jail on the 9Th November. Mr.. Gray was ready with
the proofs establish his ownership of Latmer, but in
consequence Of the serious lluess Of Judge Story the
examination Of the postponed On The eth day
Of The same month"; application for certificate Of
the kind previously sought from Judge Story, made
TO Judge Sprague of the District Court Of the u States
who assigned the 2lst of November for The hearing OF
the cause granting this delay in consequence of the
representations of Lamers COUNSEL that they wished
to send 10 Norfolk for testimony tending 10 shew that
Latimer had been enancipated BY former owner, aud
that they about TO present some new questions in
law.
This is the las, step in the case, which, so far as The
0 Committee know believe, was taken before any
Court or in compliance with any law. From the date
Of the posponement Of this cause by Judge Sprague h
Noyeniber,) The l7lh of the same month"; nothing
appears to have been done by either party On the
evening OF the day last named, MIR. Austin inform.
ed that an effort being made to procure the
muyal from Office of the jaor for OBTAINING Latimer in
the public JAIL without any legal warrant for doing,
and that the jaor in momentnry expectation Of re-
ceiving from his principal (Sherf Of Suffolk county,
RI an order for his liberation 1t also known to Mr.
A. that writ Of habeas corpus had been moved for to
bring Lalmer before the Court to testify the trial Of
the person arrested las before stately for rotous
proceedings on the Goth October, and that the jailor
had determined that Latmer, if taken out Of Jail under
this writ, should not be again received there.
TO attempt keep Latimer in the city in any other
place but the Jail, to raise the signal for
riot, if not b!oodshed; and Mr. Cray informed
that there was no way of keeping atimer in custody
there until the day appointed by Judge Spague for the
the tral-2lst NEUTRALITY-SUSPICIOUS. the consent OF the
sheriff whose purposes had been indicated in the
to which reference has before been made Mr.. Austin
sought 10 obtain for him some compensation for his
his slave OF whom il plainly seen he would be
deprived. The committee do not think it important to
give detailed account of the propositions made Ell
Their side in relation this part Of The subject, but will
only say that upon the reception by the aor of order
from the sheriff ITO remove Latimer from jail Of or before
~ o'clock now" the 18th November, Mr. Groy's
agents, "who had full power" from him 10 make the
best arrangements they could, received four hundred
dollars and Latmer was discharged Mr. Gray, on
the 9TH November, executed deed Of emancipation TO
r Latimer, and Mr. Austin muaneously received from
this last named person written pledge 10 dismiss all
existing action against Mr. Gray and his agents Cool
idge and Wilson, and bring more against him or
them for any act done up to that time.
The Committee deem it an oct Of justice TO MIR.
Gray TO say, tn6t TINS sum Oh S9Uu was
Coolidge in the absence Of both Gray and Mr. Austin,
and The latter states in letter before the Com.
mttee, that Cray ''hud nothing to do" with it. In
fact, the whole amount was far short Of the sum ne
cessarily expended by Gray in the prosecution of his
claim, which, according to an account examined by
, them, amounted 10 eight hundred and three dollars
They also deem proper 70 observe, that the order of
the Sheriff, here toore referred to, and the latter
sures adopted by the friends of Lalimer, rendered it
most improbable that Gray could obtain posses.
sion OF his slave and that in his estimation at least,
his return to Virginia depended upon the execution of
a release Of his claim for Latimer. In consideration
of which, was obtained dismissal Of the proceedings
against him, upon which he had been held to bail; and
that he was induced 10 desire this dismissal well 10
obtain an exemption from harrassment Of those who
had aided him in hi, effort TO regain his property, to
enable him without jeoparding The interest of his Sc
curity (alr Austn) in the bail bond to return to his
own home.
The Committee have forborne TO refer TO the effort to
obtain Ln,imers freedom by the offer of money 10 the
ailor TO allow him TO escape this and other matters
l.c, ho FINN fho o.ofo