Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1850-09-14

hemDiy uutnOrlLlnR SllOllur proceeding, ul0
not conflict with the Federal Constitution
and the custom at common law of Pennsyl-
vaDia on the same subject is equally valid
deprived Of such power, large portion of
the most dangerous criminals would escape
punishment.
The only question lefl open is as to the
guilt or innocence of Samuel Wilson aud
George Brooks. An attempt has been made
to prove that these men were in this county
at the time the alleged larceny wns commit
ted, for the purpose of showing gross mis-
take in the charge, and raise doubts as to the
identity.
We have no doubt whatever that these
men are slaves belonging to Mr.. Taylor, aud
fled at the time and in the manner stated by
him. We have also no doubt that they took
the horses, saddles snd brides; for although
there is no direct proof of the fact, yet the
men and the property disappeared from the
same place ut the same time, and the horses
are found in the direction the men would
pass TO reach this place, where they were ar
rested; but the only point of any doubt is as
to the intention with which they were taken
When one man cIandestinely carries off the
property of another in the night time, the fair
presumption is that he intended TO steal il;
but that presumption may be repelled by
circumstances. The party charged may
show that he took the article for temporn-
ry purpose--not with the intention TO steal
but merely to use, intending TO return it,
or leave il where the owner might get it
again. The defence mainly depends on their
being slaves endeuvoring to escape from their
masters, and using their horses for that pur-
pose, aud not animus .frdndi. II there was
any reasonable doubt as TO the intention, It
would be our duty to send the cascs to jury
of the State of Virginia; but we have none;
and If the men were on their trial in Court,
we should be obliged to instruct the jury TO
acquit them. The rule of law is settled in
numerous cases, and at various periods of
our judicial history, that, if'propcriy is taken.
even clandestinely, yet not with the inten-
ton to steal, but merely TO use, it is not lar
ceny. II probable cause to believe these
men guilty was made out, as committing
magistrates, we should retain them for trial;
but we do not think that any crime has been
proven against them, and that the taking was
n mere trespass.
Another point has been raised: Tint the
Court will not permit those men TO be ar
rested as they have been ffaudulently seized,
imprisoned, and brought into Court on q
| criminal charge for which there WINS no ioun-
datlon Whatever.
We are by no means prepared to say that
this charge was .G'a,udulently preferred; but
on the contrary, two of the defendants, Will
son and Brooks, can only escape trial and
probable conviction, from the fact that they
were slaves, endeavoriDg TO escape from their
master, and merely used the horses 10 aid
them in their object. We would not permit
MIR. Taylor or any other man TO seize his pro-
perty in open Court, which would be n con-
tempt; but he has an undoubted right TO
take these men, wherever he eau lay his hand
OH them, peaceably, and ifviolence or distur-
bance ensues, those persons are crlnllnally
responsible who cause it.
We have power TO prevent the abuse of
legal process, but we have no legal authority
TO prevent the recapture of these men, or
any other slaves, by the owner, when or
wheresoever lie may think proper to exer-
else his right, except in the face of the court.
Ii is therefore ordered that the said Sam
uel Wilson, George Brooks, and William
(alias john Strange be discharged from con-
finement.
Upon the announcement of the above de-
cision, the owners of the slaves and their as
sistants proceeded TO the Jail in order to seize
them as soon as the keeper of the prison
should discharge them. A great crowd,
chiefly composed of colored persons, had by
this time assembled in front of the Jail, and
all the avenues leading TO the prison were
filed with men, women and boys, of all CO.
lors.
As soon MS the doors of the prison were
opened, and while the slaves were still in
the vestibulc of the prison, Mr. Taylor seized
hold ofone fhis men, when the slaves re-
sisted, and general melee commenced be-
tween slaves and master, in which the slaves
were finally oyerpowered and handcufied,
but not until after some severe, but not dam
gerous wounds were inflicted on both sides,
in which the slaves Jared decidedly the worst,
One made his escape, and is, no doubt, safe
enough, ere this.
While this melee, or scuffle, was going on,
the negroes outside encouraged, and some
assisted the slaves as much as possible; but
were principally prevented from doing much
harm 10 the men engaged in the recapture,
by the large iron grated door in front of the
vestibule, which was closed.
The Court was made acquainted with the
fact that riot having actually commenced,
or was about to commence; upon this inior-
nation, they ordered all the men engaged in
the vestbule of the Jail TO be detained on a
charge of assault and battery, with intent TO
create a riot, and all parties, slaves and own
ers, were committed to prison.
Immediately after this affair was some
what settled by the confinement of all the
parties, the Court commenced issuing bench
warrants, for the arrest of the riugleaders,
aiders and abettors in the riot, and ten arrests
were actually made in the course of an hour:
these men were placed under heavy bail, and
some of them committed.
On the reassembling of the Court in the
afternoon, application was made fora writ of
habeas corpus to bring these owners aud as
sistants in the recapture before the Court,
and ask their discharge from confinement.
This was granted, and the case was immedi-
ately brought up before the Court, when af-
ter lengthy examination on the part of the
Commonwealth, the parties were bound over
in the sum of $500 cech, to appear and an