Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1845-02-07
No I7--yMOLE NO 735.

On Sunday morning early Mr.. Bain
found that his servants (the wife and child
Of Louis had alsconded, taking with Them
t'go teaitcrhImis; he proceeded To inquire
wha. hacks had lef town, and Craig. hear
ing Of it, Immediately suspected that thev
had gone off IN his hack with Fairbankg.-
Traces Of hack-whneIs were found in the
street, where the hack bad turned round
just by Baa's residence, and these traces
Were recognized hy Craig as the track OF
bis whrcIs-which he knew by the pecu-
lar conformation Of the Err. Pain and
Craig started then for MaysviIIe, and fpw
miles the other side Of Paris met the hack
returning with Fairbanks ard Wcbsterstill
IN It. Fairhanks asked Craig If he recog.
nzed the horses; no he rep'ind. one OF
them is not NINE. Fairbanks then cx.
planned that one Of the horses hn hired from
Craig had died from fatigue in lIillerslurp.
as they went down; they there obtained
another which ;bey took with them. and
on returning. a strange horga, thp one he
now saw, followed them from 7Iayslick to
MiIersturg, where theyremiued the horse
they had hired or going down. and prt in
the one that had followed them. Craig
then asked hIm whore he had been. and he
replied, to assjs. u runaway couple to be
married. What were their names? asked
he; when Miss Webster sharply told Fair
banks notto aRswer The question. The dri-
yer then proceeded to Lnxiugion-Bain
and Craig following lust behind them
Hearing that Miss w. WIS suspected Of
sieaIing negroes, Mrs. Glass, with a pass
key, entered her room and found in one
Of her trunks several letters from O5arlin.
Ohio; one from Fairbanks, proposing to
come over and assist her in running off
slaves, &c.
These letters the Commonwealth at
tempted 10 read. but was no. allowed by
the Court. on the principle laid down in
Groenleat and the authority Of the cases
there cited that the mere possession Of let
ters. not proved to he answered, is no pvf-
denca Of acquiescence in their contents.
II GreeHIaaf's Evidence In the mean
time Craig and Pain returned with their
prso7ers. and Fairbanks was Immediately
searched by the jajlor and a letter found
IN his possession Wa attempted to BE- read
by the Commonwealth, on the ground that
OF proof Of a conspiracy. the acts and de-
Carat'oas of one cousp p.ra,or in pursuit Of
this common Object is admissible against
them all. See Gases Of Rex Us. Watson.
q Howell St. IT, American Fur Compa-
ny Us. United States, ? Peters. / Pl. and
Am. on Evid. 2l5.l The court refused
permission toread the letter, there having
been as yet no sufficient proof Of c0nspi-
racy between Fairbanks and Webster,
which must lie established, at least prina
tacje, before the acts or declaration of one
could he received against the other. r.
Stark, Evidence 325, Greenleaf Evidence
1921
1t was then proven that in a convprsa-
ton held subsequently to her arrest. Miss
Webster had declared that she had gone
with Fairbanks to assist runaway couple
to get married; that afterwards she said
that Fairbanks, who pretends to be a
preacher, had pursuaded her TO 90 to Mil !
ersaurg with him as he had some ministe-
'ial duties there 10 attend to. In another
she was asked where the |
negroes got into the hack. She answered. |
40 negroes gotin. But between this place |
md Paris three persons. a man, woman,
md a child (nark the coincidenCe) got in
70 the hack; but added, they were all white
persons to her unknown. Again she sta
ed that Fairbanks had deceived her, and |
lnder pretence of taking her to Versailles
lad lured her on to Maysvihe. The Com
having previously several
lines attempted to read the letter of Fair
lanks, was now permitted to do so. 1t
ore date the Thursday previous TO the day
he negroes escaped. After noticing the
allure OF the writer in his attempt to run
1T negro woman, the wife of Ghson,
negro who it seems had made bis way TO
ohio from this neighborhool, he goes on to
ay that Miss w. and the writer had con-
Iuded to carry off three negroes, Il man
lamed Louis, stout active boy, his wife
nd child, and that they would attempt it
VI the following Saturday; that on aITiv-
0g at Aberdeen, he would send them on
y the daily or underground route, and
would then return with Miss W. to Lex.
ngton; that he was boarding in the same
ouse with her, and that neither was sus-
ected. He says further that he bad al
aady sent his luggage to Cincinnati, ire
member the two leather uunks taken from
he Bruen House) and would follow it
here as soon as he had seen Miss Web
Ter home. l may pro IA " send YOU a
opy Of this letter, fyou shit. No evil
ence OF any moment ofaI ed by the de-
ance.
The jury retired on Fliday evening, af-
ar hearing the able argument of counsel,
nd brought in on Saturday morning, d
erdiCt OF guilty, fixing her punishment at
wo years Imprisonment in the peniten-
ary. Sentence was pronounced by Judge
uckner on Saturday, January 4th, and
le prisoner taken down on Thursday, the
tn, to Frankfort,
D10O
REMARKS OF MR.. GALLAGHER,