The Cadiz sentinel. [volume] (Cadiz, Ohio) 184?-1851, 1845-02-12

and found in one Of her trunks several letters
from Oberlln, Ohio, one from Fairbank proposing
TO o m over and assist her in running off slaves
&c. These letters the commonwealth attempt
ed 10 read but was not allowed by the court, on
the principle laid down in Greenleaf and the au-
thority of the cases there cited that the mere
possession of letters not proved to be answered,
is no evidence of acquiesenee in their contents.
III Greenleaf's evidenced In the mean time
Craig and Balm returned with their prisoners,
and Fairbank was Immediately searched by the
Tailor, and a letter found in his possession was
attempted to be read by the commonwealth, on
the ground that on proof of Il conspiracy, the
acts and declarations of one conspirator in pur-
suit of this common object is admissible against
them all. [See cases Rex Us. Watson, 81 How
ell St Tr.-American Fur Company Us. United
States, 2 Peters. l Pl. and Am. on Evid. 215.l
The court refused permission to read the letter
there having been as yet no sufficient proof of a
conspiracy between Fairbanks and Webster,
which must be established, at least prima facie,
before the acts or declaration of one could be re-
ceived against the other [Stark. Ey. 1926;
Greenleaf Ev. 1879.
1t was then proven that ir n conversation held
subsequently to her arrest, Iriss Webster had de-
clared that she had gone with Fairbanks TO as
lsist q runaway couple to get married that alter
wards she said that Fairbanks, who pretends to
be q preacher, had persuaded her to go to Millers.
burg with him as he had some ministerial duties
there to attend to. In another conversation she
was asked where the negroes got into the hack
She answered, no negroes got in. But between
this place and Paris three persons, q man, u we.
man, and a child (mark the coincidence got in.
to the hack; but added, they were all white per.
sons to her unknown. Again she stated thnt
Fairbanks had deceived her, and under ~pretence
of taking her to Versailles had lured her on tc
Maysyille. Tho commonwealth, having preyi-
ousIy several times attempted to read the letter
of Fairbanks, was now permitted to do SO. i
bore date the Thursday previous to the day the
negroes escaped. After noticing the failure o.
the writer in his attempt to run off a negro wo.
man, the wife of Ghilson, Il negro who it seems
had made his way TO Ohio from this neighborhood
he goes on to say that Miss w. and the writer
had concluded to carry off three negroes, a mar
named Louis, a stout active boy, his wife ant
]child, and that they would attempt it on the fol
lowing Saturday; that on arriving at Aberdeen
he would send them on by the daily or under
Iground route, and would then return with Miss
w. to Lexington; that he was boarding in thu
same house with her, and that neither was sus
pectod. He says further that he had already
sent his baggage to Cincinnati, remember the
two leather trunks taken from the Bruen House,
and would follow it there as soon as he had seer
Miss Webster home. may probably send yol
q copy of this letter, if yon wish it. No evi
dence of any moment offered by the defence.
The jury retired on Friday evening, after
hcaringthe argument Of counsel, and brought il
on Saturday morning, a verdict of guilty, fixing
her punishment at two years imprisonment il
the penitentiary. Sentence was pronounced BY
Judge Buckner on Saturday Jan, 9TH, and thu
prisoner taken down on Thursday, the 9th, &
Frankfort.