The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-08-28
THE UNION.


the horses. saddles brides for although there
direct proof Of the fact yet and the property
disappeared from the place tie Time, aud
the horses are found Ia the direction the would pass
reach this place, where they were arrested bat the only
point OF any doubt as TO the ias0s with which they
were taken When man clandesnely carries OH the
property ofanolher IN the ght tme the presun ption
Is thai ne Intended to steal but that pesulnpt may
be repealed by circumstances The party charged may
show that he took the article for porary urposenol
win the intention 10 slea-but merely intending
70 return IL OF leave where the might get again
ne defence mainly depends their being slaves endeay
orng 10 escape from their and using their horses
Tor that purpose, and andt, If there any
reasonable doubt to the Intention IL would be duty
70 send The cases TO Jury of the State OF Virginia; but
have none and il The their trial in this court,
we should be Obliged instruct the jury acqut them
The rule ofaw is seled in aud at vari.
Gus periods OF our Judicial history that property is taken
candestinely YET with the intention steal but
merely 10 use, IL is larceny. II probable 70 be-
lieve these men guilty made out committing ma
gslrates should retain them for trial bur do not
think that crime has been proven against them, and
No proof has adduced as what laws exist in Vr-
gnia the subject of the abduction OF property by slaves
they governed by the OF common law If the rule
is stringent in that State, should be shown by the
accusers
Another point has been raised That the court will not
permit those men to be arrested they have been fraud
nenty seized, imprisoned, and brought into court
criminal charge for which there foundation what
ever
We are by no means prepared to say that this charge
was fraudeay preferred but, on the contrary two OF the
defendants Wilson and Brooks can only escape trial and
ehdeavorlng to escape from the custody OF their master
merely the horses aid their object We
would permit Mr. Taylor other seize his
property In open court which would be contempt bat
can lay his hands on then peaceably and if violence
disturbances ensnes, those persons are cminay RESPONSE
We have power prevent the abuse legal process but
we have no legal authority 10 prevent the recapue OF these
men, o. any o'ner slaves oy me owner when or where
soeser he may think proper to exercise his ght except in
the lace OF the court
II is therefore ordered that the said Samuel Wilson,
George Brooks, and William (alias john Strange be dis
charged from confinement
Upon the announcement OF the above decision, the
of the slaves and their assistants proceeded to the
jail, In order 10 seize their The keeper OF
the prison should discharge them great crowd
chiefly composed Of coored persons-had by this time
assembled in front OF the jail and all the lead
ing TO the prison filled with men, women, and boys
CT all colors.
AS as the doors Of the prison were opened, and
while the slaves were still in the vesbue oil the prison.
Mr.. Taylor seized hold OF one OF his men, when the
slaves resisted and general melee commenced between
slave and master, in which The slaves finally over
powered and handcued but not until after some severe
but not dangerous wounds were inflicted both Sides
in which the slaves Jared decidedly the One made
his escape. dds. no doubt, safe enough ere this
While this melee or scule was going on the negroes
outside encouraged, and assisted, the slaves as
much as possible, but were principally prevented from
doing much harm to the engaged in the recapture
BY the large iron grated door in front OF the yeshbule
which was closed The court was made acquainted
with the fact of lot having actually commenced,
about TO commence. Upon this nforlnation they
ordered all the men engaged in the vestbue OF the jail
TO be detained charge Of assault and battery, with
intent to create riot and all partiesslaves and own
eTs--were committed TO prison.
Immediately after this affair somewhat settled by
the confinement OF all The parties, the court commenced
issuing bench warrants for the arrest OF the rngleaders
aders and abettors The riot, and ten
tually made in the of hour. These
placed uader heavy bail, and some OF hem committed.
On the reassembing OF the court IN the afternoon, APP
pication made for writ OF habeas corpus to bring
these and assistants in the Tecapue before the
court, and ask their discharge from confinement This
granted, and the Immediately brought up
before the court when, after lengthy examination
the part OF tue Common wealth, the parties bound
in the OF $500 each, to appear and answer al
the next court oil quarter sessions
In the evening, Mr.. Taylor came before the court and
made information against the slaves as participants and
abetors in the riot on which the slaves were committed
and they in Jail There is no doubt that on
Tuesday Ito which day the court stands adourned)
writ OF habeas corpus will be issued, which the
slaves will be heard, and, if liberated on bail, may
expect another iumult.
The uproar and excitement during the day very
great and the judge OF the court thought II advisable to
call upon General Seller for volunteers, who promptly
obeyed the order and had, very short time, sGf
cient body OF able bodied men under his command, with
muskets and bayones fixed, to dsperse the mob princi
pally composed OF colored men and women, from the
front OF the Jail All is quiet but lear the
is not over, the owners 10 be determined to
claim their property at all hazards.