Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1849-11-01
From the South Bend Register.
The SInYe Case.
SourH BEND, Ocio'

SourH BEND October TO- l549
About midnight. the 9th of September party
at eight or ten Kentuckians broke into the hnu>e OF
a Mr. Powell. in Csss County. Michigan. while he
was absent They drew their pistols and bowie knives.
and dragging his wife and three children from their
beds, they bound them with Cords hurried them or
u their covered wagons. and started post haste for
Kentucky. The alarm soon given, and pursuit
soon commenced. They nver;aken near this
place. by neghblr Of the Powells in pursuit. and
a'wrlt Of Habens Corpus Immediately obtained The
Sheriff pursued the KentDckians, and overlook Them
about mile from town-the writ served and
they came back to town for trial. The name o tie
leader being unknown when the first ri was issued
new writ obtained directed to him, reiurna'le
before the Hon. Elishl Egber Probate Judge. Who Ia
authorized by special Statute. try snch wrlts Nor
rs the leader Of the psry IN return To- the writ ta-
Ted that the persons in his custody we're his slaves,
that they lad absconded from his service in kentucky
that he had arrested them in Cass County. Micigan
and bis journey, returning with them 10 hrR
lucky. He did not pretend that he bad obtancd u
certificate for their removal out OF the State OF Mich"
igan. under the act Of Congress. Mrssrs L>fon aud
Stanfield appeared for Norris. and Deavtt and Crock
er for the Powels The Powells excepted to The SUI
fciency Of the return-oD the ground That they had
not obtained certificate under the act OF Congress-
without which they could not legally hold them IN Gus
tody in this Stale. After foil and far herring OF
the cause the Judge decided that they were not legal
y held in custody and ordered them to be discharged
No sooner was the decision pronounced than the
Keniuckians gathered around them with their pistols
and bowie-kDiyes drawn, and held them by force
The Court House crowded. and the people be-
Of course very much excited at such proceedings
In a Court Of Justice For some time II seemed as
though bloody fight was inevitable. but at last. at
the request Of Norris, the Sheriff took the Powells
and locked them up in Jail. II was now discovered
TINT while the suit pending on the Habeas Cor
nus. Norris had obtained writ ct the CerS OF the
Circuit Court under our State LaU relative to fugi
tives from labor, and claimed the right to hold them
under that. As they still remained in the custody of
the Sheriff. where Norris had placed them, new
writ Of Habeas Corpus obtained directed 10 the
Sheriff. as also one directed to Norris-returna be-
fore the same Judge Monday morning. October lst
Norris was duly informed of the time and place OF
trial, but refused appear though in town. II was
satisfactorily shown to the Court that The United
States Supreme Court, in the of Prgg vs. PENN
sylvania had decided that all State law, reuiive to
fugitives from labor are unconstitutional ana VOID,
and II followed Of course that the writ issued by The
Clerk null and void-and could authorize mo- per-
son to hold them in custody; they were accordingly
discharged and quietly departed with their friends
and neighbors.
These proceedings have created quite an excite
ment in and vicinity, as does every case Ut
this kind in the Free States 1t was gratifying TO see
the strong feeling of sympathy Tor the oppressed
evinced by our citizens controlled however. by de-
sire to see the law take its II is said that
Norris threatens TO sue Of our citizens Tor dam
nges under the of Congress- but 1t is clear that
action Of this kind will lie the pretended fugitves
were regularly discharged after fair trial by con
petent Court Besides there Is abundance of testimo
ny show that they not Norrss slaves, and that
he has no Just claim to them. In various CONVERSE
tons with citizens Norris stated facts enough 10
subslanate this Before the trial Of the last writ it
proposed that Norris might introduce on the TRIAL
any evidence he might have to show that they were
his slaves but he concluded not to avail himself Of
this offer. knowing, we presume, that lie could not
sustain bis claim by legal evidence.
Two civil suits for false Imprisonment were COM
menced by the Puwells against the Kentuckians, in
Circuit Court. and they gave bail in 81 600 IN
each case. The whole question will probably be tried
in these suits The result is that the Powells are
free, and the Kenuckians have returned home little
wiser than they came. BRYANT.