Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1847-09-09
LAW ITEMS.

extract from the report the following important dicta
of Judge Mclean:
'Judge MCLEAN iniimated his opinion that auihori-
ty could not be conferred by master on an agent TO
pursue fugitive servant into another and arrest
him there otherwise than by writing: such authority
being in the of process: but he did not decide
this point. He held, however, that in order TO make
of obstruction, there must be proof that the
plaintiff his duly authorized agents attempt-
ing arrest and that they obstructed in such
attempt: that In this case, as the agent professed TO
act under power If attorney it must be produced OF
its loss be shown and It's contents proved that
as neither Of these things had been done the
stood without any competent proof of agency, and The
charge of obstruction must consequently fail. In
gard to the charge of harborng, the Judge held that
the presence or pursuit of the master his agent as
sisting and endeavorng to enforce claim was not
necessary constitute the offence. 1t enough If
the defendant knowing from whatever source that the
person employed by him fugitive from labor did
any intended and calculated evade the vigilance
of the master and defeat his efforts to recover the
servant. There was some evidence tending to estab-
lish such facts could make of harbOring,
and he would therefore permit the TO 60 TO the
jury"
''The charge to the Jury was delived by Judge
Mclean. He held that the plaintiff could at mos.
recover but penalty for the Of harbOring
though more than one person might be harbored. He
held Also that proof of notice TO the party charged
that the person harOOred was fugitive from labor,
was indispensable to the plaintiffs right TO recover,
and that in addition to proof of such notice, there
be proof that the defendant intended shelter
OF Withdraw the servant frUm the pursuit OF the
ter, and thereby defeat his efforts reclaim the fug-
tive but that such proof if made, could not be
come by proof the part of the defendant that he
honestly believed that the law warranted him in his
acts If for example, the defendant believed that he
could not be made liable unless the claimant or his at
torney should produce judicial warrant 70 take the
fugitive, such belief would not protect him. for no
such judicial warrant necessary. Ii was neces-
sary that the notice should bring home knowledge 10
the defendant that the persons harbored ugtves
from labor. If the defendant had such knowledge,
no matter whence derived, and intended to defeat the
masters right 1t was sufficient. The intention Of the
defendant must be gathered from his acts. If these
showed design to defeat the right of reclamation
and evade the law, he liable; but he was not La
bic if his intention in affordng the servant the pro-
lection of his house only to fair and i'm
partial trial between the claimant and the fugitive
under the act of Congress"
The Jury could not agree upon verdict and were
discharged.
PETTIs AND WILSON tried at the same term,
for stealing the U. S. mail from the steamboat Ben
Franklin, in June. The principal point made by
Messrs Ewing and Swayne, the counsel for the ac-
cused was, that the testimony did not show the OIL
gnal taking have been within the district of Ohio.
Judge Mclean, in charging the jury, ruled that If
the original committed without the State,
and the stolen mail afterwards brought to Cincinnati
by the defendants ii taking within the State of
OHIO, aud the court lad jurisdiction of the case.
The jury returned verdict of guilty against both
the defendants. They sentenced, Pettis ten,
and Wilson to seven years confinement in the peni-
Tertiary
IMPORTANT DEclsIoN.-A slave belonging to Louis
Ame Pigneyguy, was yesterday declared TO be free in
consequence of having been taken TO France.-N o.
Pic, l0h
This is in accordance with decisions which have
frequently been made here, and with which the south
has never been satisfied. If slave be brought by
his master, voluntarily, into this state, his shackes
fall off at once. Slavery cannot exist here for mo-
ment. And it is so with every free state, and with
every country where slavery is not recognized. The
decision New Orleans goes futher5 however, than
decisions have gone or can go. II establishes the
important fact, that the freedom which slave thus
acquires, by the voluntary act of his master, shall
avail him permanently and, that if he; of his own
choice, shall afterwards return to slave state, he
shall again be subject to bondage-BOStOn Ifar-
eLer.
/ The same court decided a few days previous, as II
appears in some of the New Orleans papers, that the
steamboat Missouri not liable for carrying off
slave In this case a singular fact disclosed viz
a slave being so white that he would pass anywhere
for a white man, and who supposed to be such
when he taken into the employ of the steamer
and carried out of the state. The slave had been
permitted hire himself boats trading to places
where slavery does exist, and TO remain there till
he chose to leave, and the court expressed great
doubts whether his could exercise any of
ownership over him afierwards.-N Y. Journal Of
4 Commerce.
KIDNAPPING CAsE.-It will be recollected that the
trial of Henderson and others, in Franklin county,
for kidnapping Jerry Phnney resulted in the cOnvic-
ton of Henderson, who the Justice of the Peace
that issued the warrant and the acquia of the other
defendants. The case was taken up 10 the Supreme
4 Court, writ of error; and learn from the
State Journal has been there decided. Chief Justice
Wood declared the opinion of the Court in which it
was held
Il l. That Juror could not be withdrawn by consent,
in criminal case. and the trial proceed; and there
4 fore, there error in the proceedings below.
i 2. That Henderson, being Justice of the Peace,
acted in judicial capacity, and had jurisdiction in
the of escaping slave, and consequently his
proceedings could not be called in question: for not
acting good faith he would be protected by the
doctrine of judicial immunity.
3. That in consequence Of this judicial immunity
he would be liable to Indictment, but could be
called in question only by impeachment-C
Herald.
/ Mr.. CLAY oUT-DoIsG KING CANUrE.-The sea paid
no heed whatever to King Canute but, according TO
the city editor of the Philadelphia North American,
it has improved in manners and has a greater
ence for dignites; the imaginative gentleman says;
n 1.-The sound that Mr. Clay will hear to equal the
shout that when he ceased speaking, will be the
voice OF the breakers OF Cape May that have three