The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-08-28


acted at Harrisburg on Friday and Saturday last.
HARaIsBURS, August "a.
The hearing OF a habeas corpus case oil three ne
groes brought on charge OF horse stealing, occu
pied the attention of the court the entire day. and
a decision was rendered this morning IL appeared
in evidence that the negroes were runaway savoF,
who stole the horses to effect their escape with The
court decided this morning that the stealing of IA
horse by a slave to make his escape with was not
criminal offence under the law for retaining flu
gitivc slaves, and ordered that the prisoners be dis
charged. About dozen men from Winchester,
Virginia. assembled in front OF the prison, where
large number Of whites and blacks OF this place had
previously assembled. On the negroes being re-
leased, the Vrgnans attempted to arrest ana hand-
cuff them, when general riot ensued. One oil the
slaves effected his escape, peited with stones and
clubs. The other two their masters and friends
succeeded in arresiing and handwriting despite the
desperate resistance made by the bystandcrs
Several negroes were stabbed and otherwise
wounded The owners of the slaves were slightly
injured. The court Immediately issued warrants
for the arrest OF the owners and all engaged IN the
ARRAY, the charge of assault and battery, with
intent to ncite riot The slaves and their mas
tiers in jail and number OF arrests have
been made, which the court are now engaged IN
disposing Of
The court also ordered posse to be Immediately
employed to dispcrse, at all hazards, the mob as.
sembled in front of the Jail, which they succeeded
in doing without much resistance
The town, at present, has comparatively re-
sumed its quietness.
SECOND DESPATCH.
LARCENY Commonwealth Samuel IFiison,
George Brooks, and BiHsy.-These three defend
ants, negroes, escaped during the month OF July
from their masters, in Clark county, Va, near Bat
tetown, or Berryville, and on the same night the
of the negroes missed also three horses, sad
dies, and Brides
VIM TAYLOR the owner of two of the slaves and
George H. Esler, resident of Bcrryville, arrived
here some days ago, and made information before
Henry Beaver, esq, charging the above. named de-
PENDANTS with larceny, and as being fugitives from
Justice. Upon this warrant was issued, and the
men were arrested and lodged in Jail.
On last Tuesday an application was made to the
court then in session, to bring these men before
them on a writ of ha6eas corpus the next morning,
which granted; and the next day the court
decided to postpone the case until Friday, IN order
to dispose Of the jury trials first.
On last Friday defendants were brought into
court defended by Messrs Rawn and Judge Nc
Kinney, eminent lawyers at opS bar. The
owners, William Taylor and George HElsier' un-
derwent long examination, and 1t was conclusive
ly proven las the court ADMITTEDLY that these men
were slaves from the State of Virginia, and that
the horses stolen were no doubt used Tor the pur-
pose of rendering their escape from bondage more
easy and effective.
The whole day of Friday was occupied by this
examination and the argument by counsel ON both
sides. The prosecution was conducted by Messrs.
Trunkel Lamberton and Carson-all well known
as the most eminent lawyers in our town--when,
on Saturday morning, his honor Judge Pearson
delivered the following opinion
These were before the court on writs OF ma
bess corpus, the defendants having been committed
on warrants issued by justice of the peace II
SCENE that oaths were made, charging them with
having stolen certain property. On these oatns
warrants were issued, the defendants arrested,
brought before the magistrate, and without hear
ing committed to prison 1t might be implied, and
is admitted, that the offence If any, was commit
ted in the State OF Virginia.
Several objections have been raised TO the regu-
iarity of the warrants of commitment
]. That it is not stated where the offence was
committed.
2. That the ownership of the property stolen is
not sufficiently averred.
The defendants have also given evidence to show
the irregularlty OF the proceedings, and on what
circumstance the charge founded. The oath
made, and note OF the facts stated on the
docket of the justice bat not signed by the depo-
nent.
We are of opinion that the whole proceeding is
very loose and Irregular. The warrant of commit
ment should state whose property was stolen, and
where the offence was committed. Had that pro,
ceedipg been regular, we should not have looked
beyond il, except when called on TO nix the amount
of ball. and possibly TO sec whether any gross mis-
take had been committed by the magistrate.
The defendants have called the party making the
charge, and also the man whose property was al
legged to have been stolen, to show the circum-
stances under which it was stolen; and from the
evidence, il seems that three horses were taken In
the State of Virginia, probably by the three prs-
oners who were proved 10 be ASCENDING slaves
two of them belonging to MIR. Taylor. They, 1t Is
stated took with them two OF their master q
horses with saddles and brides, rode them about
thirty miles, and turned them loose.
The slaves pursued, and the horses found
where they had probably been abandoned. In the
case of illiam, called John Strange, there is no
evidence that the horse stolen, although it ID
alleged that William rode of a horse belonging to
Mr.. Litcjohh. We have no proof Of Mr.. Little
ohn's horse having been stolen at all. From aught
that appears, he may have been lent. We must
therefore, dismiss William without further investi-
cation, 70 there ia ground whatever for commit
ting him. Several questions have been raised by
the defendants counsel.
First: That the proceeding could only be sustain
ed under the act of Congrcss-therefore the war
rant was illegally issued on an oath made in Penn
sylvania. We have doubt that the warrant wac
improperly Issued the oath should have stated
that the crime committed in Virginia, and that
the defendants had fled from justice But we dc
not agree TO the position assumed, that the oath
must be made under the act of Congress. When 80
made, and properly certified, or when the indict-
ment is found In another State, and properly au-
thenticatcd, consider it conclusive, and we have
right to inquire beyond it. But when fugitiyes
pursued into Pennsylvania, consider il
strictly legal 10 make an oath before officer OF
the law here, have a warrant issued, the party ar
rested and committed in order 10 await requisi-
ton Of the Governor Of the State from which he
fed. IT il not much matter Of county as a
police regulation Of our own, TO get clear Of dan
gcrous delinquents.
We do not sustain the proceedings for the benefit
The State whose RI: are violated, alone e., bat for
laton of Congress ia exclusive in many cases. and
II the rights of Virginia alone were concerned, she
could not urge US to do more than carry into effect
the congressional provision. But every State has
right 10 protect its citizens from the felons o.
other States; and If we choose to permit mag
istratcs TO exercise such jurisdiction oatf
made under our own laws, the fugitive charged
with felony cannot lawfully complain.
The supreme court Of Massachusetts, in ---
page $50, decided that their act Of assembly au
thorzing similar proceeding did not conflict viii
the Federal Constitution aud the custom at com
mon law OF Pennsylvania ON the same subject u
equally valid; deprived Of such power, large pur
ton Of the most dangerous criminals would cscsp,
punishment
The only question left open is as TO the guilt or in
noconce OF Samuel Wilson and George Brooks. An
attempt has been made prove that these men were
in this county at the time the alleged larceny wa
committed, for the purpose Of showing gross mis-.
take in the charge, and raise doubts TO the iden
tity.
We have no doubt whatever that these men ar,
slaves belonging to Mr.. Taylor, and fled at tn,
time and in the manner stated by him. We have
also doubt that they took the horses saddles and
bridles for although there is direct prof Of the
fact, yet the men and the property disappeared