Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1850-06-20
Important Decision.

and abetug the escape of slaves, after more than
weeks investigation before the Circuit Court of the
United SIates determined Wednesday last in
favor of the plaintiff. A verdict of two thousand
eight hundred and ifiy-sx dollars given by the
jury against the defendants, the value of the slaves
and other damages.
! This suit has elected considerable interest and
was decided, mainly under decision of the Supreme
Court of the United States in the of Prig, where
the Court takes the ground that the of slave
has the right, under the Constitution and act of Con-
gress to capture his property in free State and take
it from thence without going before State Court
and obtaining certificate.
| On this trial it proved that the four negroes
claimed BY Norris, were captured in the State of
Michigan. They had absconded from their master,
in Boone county, Kentucky, in October, lS46. That
he Immediately, on the next morning after their
cape went in pursuit of them. He proved by two or
three witnesses that he their owner and had been
for a number of years. After searching for his me-
groes between and two months he abandoned the
pursuit He traced them as far as Laurel, in Frank
lin county. but could then obtain no further nforma-
ton to the route they had taken Last fall he re-
ceved information that they had fed to Michigan and
settled in neighborhood in Cass county, where it is
estimated, by witnesses that about one thousand ne
groes reside. He took some FIVE or six persons with
him, and, in the night captured his negroes in Mich
igan, and Immediately proceeded ,on his journey
homeward to Kentucky. After passing through South
Bend, and at q distance of mile and half from
the town, Norris and his party stopped on the road
side, for refreshments. While there party
from South Bend accompanied by the deputy sheriff
of the county, and made arrest under writ of
habeas corpus. Norris and his party returned with
the negroes to South Bend, and trial had be-
fore the Judge of the Probate Court of ST. Joseph
county. Norris made q return the writ of habeas
corpus, under oath, stating that the negroes his
property, and that he taking them to his resi-
dence in Buone county, from whence they had es-
| capped. The truth of this return admitted by
Crocker who appeared in behalf of the negroes but
who filed demurrer. claiming the liberation of the
slaves on the ground that they had been captured
Michigan and there certificate OF the right of
Owner ership having been-Proven in that State. The
Judge deciding that this was necessary. liberated the
negroes. Norris, anticipating this decision, had
procured writ to take the negroes, from the clerk of
the Circuit Court, aud soon the decision was
pronounced attempted 10 take possession of them,
when a scene of great confusion ensued. The Ken
lucky party were armed with pistols and bowie
knives and the crowd with canes and clubs. After
considerable excitement the negroes taken 10
the Jail of the county, by the sheriff, for safekeep
ing
Several criminal suits were then instituted against
the Kentucky party, which it was alleged by the
plaintiffs COUNSEL were for the purpose of aiding in
the ultimate rescue of the negroes. The negroes
nJaJ of tha hv hnt ha
refused possession, in the meantime second writ
of habeus corpus had been issued, on which the ne
groes were in the end discha harged-Norris not np-
pearing on the second trial. The first trial had
on Friday aftera BON. and the negroes finally
liberated on the hex; Monday morning. During the
time intervening, it in evidence that from
ly-6ve to two hundred negroes from Michigan were
present in South Bend armed with guns and clubs.
and number of them finally escorted the negroes out
of town when they were discharged.
Judge M'Lean, in giving his charge TO the jury,
said that the decision of the Judge on the first trial.
on the writ of babeas corpus, incorrect, under
decision of the Supreme Court Of the United States,
in the above referred to. That this decision
was applicable to the That the writ of hsbeas
corpus proper and was at all times allowable /;
bot the question under it, in this case, the right
Of ownership. That being admitted, the slaves
should have been remanded into the custody of Nor
rs. The Judge said, he had dissen,ed from this de-
cision of the Supreme Court Of the United States
when it given but lac now bound to carry
it out. On the part of The defence plea set up
that Norris had given his negroes liberty to come
across the river at the time Of their escape but this
\ was not proven the satisac cion of the jury Had
this been the case Norris could not have had the a
vantage of the act of Congress and the decision Of
the Supreme Court in their capture.
Messrs. Lison and Smith acquitted themselves with
much credit the part of the plaintiff and Messrs.
I Jernegan and Marshall made most able defence.
; Mr. Smith spoke between six and seven hours in the
closing speech.
Under this decision rea sons why the
Il citizens of the South should complain of injustice
being done them while in pursuit Of their fugitive
slaves, at least far Indiana is concerned. The
law, as it exists, will be understood, under a
few decisions like the present, and all future
, difficulty will be avoided. We have doubt that
much Of The excitement was occasioned on the part
of many of the citizens of South Bend, in conse-
quence Of either misapprehendng the true nature of
the case, or the law under which they were acting.
All ctizens according the decision of the Judge,
: are bound to know the law, and great pains will
hereafter doubt be taken, not become involved
I in difficulties like the present. The costs Of the
present suit, in addition TO the damages awarded,
will be very great
, motion has been made by the defendants coun-
/ sci for a trial aud arrest of Judgment
!,
|, 0c5-There is man in New Orleans who, ten years