Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1848-12-22
AHTE-SLAvRRT OFPIcE,
PhfIadephin, Dec. /, 1913.

sNNhN eOubhiNoef W. $3.50
Of Monday last, purporting 10 give an
account Of a slave case, recently tried in the
Court of Cumberland County, at Carlisle.
| have made inquiries, and find this account
to be erroneous in some respects, and in all
very incomplete. The facts in the case,
learn from an authentic source TO be these
An action for damages was brought under
the common law Of Pennsylvania, by Cecil
Oliver, and others, Of Maryland, against Dam
iel Kaufman Of Cumberland county, Pa, for
~enticing away, and aiding and assisting TO
escape, certain slaves, alleged TO be the pro-
perry of the said Cecil Oliver and others
The evidence in the case was substantially
as follows:
George Cole, q colored man, Of Chambers
burg, testified, that in October, l6l7, thiTIeeR
colored persons, who stated that they were
slaves, and belonged to a widow LADY in Ma
ryland, were put under his care, at Chambers
burg, with directions TO bring them TO Harris
burg that they travelled a bye-way through
the mountains, ill they came TO a house about
three miles from Kauffman's, where they stop
ped for something TO eat; and that he was
there told, by a person unknown to him, that
he had better take them 10 Mr.. kauffman's.
He took them there without Mr.. KS know
ledge; that he put them into the barn, and
then called Mr.. X. cut and showed them TO
him. That Mr.. h. objected 10 them being
left there, alleging tina, if they remained he
might get into trouble. George told Mr.. X.
he had no means Of taking them away; that
they were tired, and could go no farther, three
of them being small children, unable TO ak,
and having to be carried. This was about 4
o'clock, p. NJ. George went away in the
evening, leaving them in Mr.. KS barn, and
Iaat. nosbinn farther ahnut tham- 1t was
further testified by two others, that the alleg-
ed slaves were hauled away that night, in
Mr.. Ms wagon, between 8 and IL o'clock
Mr.. X. being present when the wagon left,
but did not 90 with it. No one knew who
drove the wagon or where il went; but II re.
turned the next morning. The persons, as
described by George, were identified by a
witness from Maryland, as the slaves of Ce-
Gil Oliver and others, the plaintiffs. George
further testified that they said they ran away
because they were about 10 be sold by their
owners.
There were two counts in the plaintiffs
declaration; in the first, the cause of action
was laid thus: "The said slaves aforesaid
TO escape from, and wholly leave the service
Of them, the said Cecil Oliver and others,
against their will, did entice, persuade, pro-
cure and assist, so as 10 prevent them from
retaking and recovering their said slaves;
whereby, &c."
In the second count, thus 1.-THE slaves
aforesaid to absent themselves and wholly TO
leave the service of them, the said Cecil (and
others) and against their will, cTaitily and
subtiIy, did enlice, persuade, procure, aid and
assist; whereby, &C."
Defendants counsel put in a plea TO the
Jurisdiction Of the Court, and commended that
l. -. r. ra.csoee oo,arod tLa yuhola rrnnnh,
and that if an action could be maintained, The
plaintiffs must bring tina, case within tina
act, and could only sue in the United States
Court. That The common law of Pennsyl
vania did not recognize slavery, and that nc
action at common law would lie in a free
State, for the causes set forth in plaintiffs
declaration.
The court charged the jury-in substance
that for aiding and assisting the slaves TO
escape in Pennsylvania, no action could be
sustained in this court, and il the jury were
satisfied that Mr.. Kaufman did permit them
to remain in his barn, and feed them, and
cause them TO be removed in his wagon, still
the plaintiffs could not recover. But if the
Jury believed that Mr.. X. in connection with
others, enticed, persuaded and procured them
TO leave their owners, and aided in their es-
cape after they had left; If he formed, with
others, a link in the chain in e%nticing and
persuading them TO escape, and aiding them
10 escape after they had left their owners,
then the Jury might find such damages as I'M
der all the circumstances they might consider
proper.
From the foregoing you will see, If my in
formant is correct, and his v~eTacity and
competency to speak in the case is unques-
tionable-lhat the verdict under the charge of
H. oaur, sc 2Dnnn lamauae wa u.i,hntt :,
spark of evidence to sustain it, and contrary
to the testimony of the plaintiffs own wit
nesses: for SO far from their being any evi.
dence to show that any one en,Iced or per-
suaded the slaves TO leave their alleged own
ers, Cole-their own witness-knew nothing
about them till he met with them in Cham
b~ersburg and farther testified that they told
him they ran away because they ,oere about 10
be sold.
But-independent of the verdict-is it NOT
strange that a case Of this kind should have
been allowed the jurisdiction Of one of our
county courts ! and sill more strange that in
such a case an action al common IaW should
have been sustained | am not learned in
such matters, but 10 me the whole thing
seems utterly anomalous. You are a law
yer as well as an editor; what do you think
ofit!
| learn that a motion has been made by the
defendants counsel for a new trial, which
will be argued on the 18th inst. If this fail,
the case will be carried up to the Supreme
Court on a writ of error. The Ledger's
statement is incorrect in saying that several
witnesses refused TO testify, and were com-
mitted. But one witness refused to testify,
and this one on the gtound that he might sub
ject himself TO a criminal prosecution; he
was committed by the court, and afterwards
brought up and testified.
l learn that Mr.. Kaufman, who is a most
worthy and exceilect man, will be complete
ly ruined by this verdict of $4,000, if it be
carried into execution. For his sake, as well
as for the sake of humanity and the honor of
our Commonwealth, l trust it will be Iever-