Port Tobacco times, and Charles County advertiser. (Port Tobacco, Md.) 1845-1898, 1850-09-04
A SLAVE CASE.


OF Geo. II. Eisler, Of Va, had escaped some
time during July, and had landed safely in
the above town. Messrs. Kinsel and Her
bert Of this State, accompanied by the slaves
masters, proceeded to Harrisburg, and had
The slaves arrested, and committed 10 Jail
upon the charge of stealing their masters
horses, and on Friday they had the negroes
brought before the Court, Chen in SESSION.
on a wri. of habeas corpus, and the Judge
decided ,ha, the negroes, in taking their
masters horses, TO aid them in making their
escape, was not theft, and discharged the
+lsyes. When they were let gu, of the Jail,
and as the masters were trying to secure
them, mob, composed principally Of col.
ored persons, made rush a, the masters,
IN order TO overpower them and release the
slaves. In The (racas, quite number Of
knock downs and wounds occurred the
elases and their abolition friends receiving
,he wors, of the battle. Immediately upon
the Judge, (then setting upon the bench,)
hearing Of the riot, he issued bench war
ran. and had both the slaves, their masters
and aids, all safely housed in the '.fort :"
All the white men, were taken ou. in the
afternoon, on writs Of habeas corpus, and
released on bail of $500, to appear a. the
mex, Court Of Quarter Sessions, 10 answer
the change Of riot. The following is the
opinion Of Judge Pearson, delivered in this
case:
The Commonwealth VS.. William Taylor
and o,hers-Wr. Of Habeas Corpus
on Of Dauphin county on writ Of habeas
corpus, having been confined under the fol-
lowing circumstances. The Court was in
formed this day that great rio, had COM
menced and was in progress, g. and about
the prison, and tina, number Of persons
were engaged in fighting within the jail
walls that much blood had been shed, and
some lives supposed TO have been taken !;
and it was spprehended, from the number
Of persons III the stree, endeavouring to force
an enierance, tina, consequences Of the grav-
IS. character nigh. be expected. We d.
sected our officers, with the police Of the
town, TO raise a sufficient force, make their
way 10 the doors Of the prison, and secure
them, combining all who were within, end
preventing the entrance of any more and
on this being done, TO raise sufficient force
10 ares, or dispense the mob on the outside,
and secure and retain those within !; all Of
which appears to have been performed.
Our sole objec. was to preserve the pub
iic peace and secure those who had broken
ii. The evidence now before as shows that
the parties on hearing had entered the YES
tibuIe Of the prison for the purpose Of Sc
curing their slaves, who had fed from the
State Of Virginia, been charged with horse
stealing, and By US discharged this day, on
writ Of habeas corpus. The evidence
shows tina, great violence was used by the
owners in endeavoring to secure their pro-
perry that the slaves were most severely
beaten, and left bleeding and almost sense
less. The parties before US are fully iden-
tilted, and the fac, clearly proved.
So far as disclosed by those who have
testified, there does no, appear to have been
anything in the nature or character of the
resistance to justify resort to such extreme
measures. The defendants have offered evil
dence to show that they were attacked by
the slaves in o hostile manner, and used no
more force than was necessary to repel the
attack and secure them in custody. We do
law in regard TO preliminary examinations,
we have right 10 hear their evidence.
This is but a preliminary examination
on a writ of habeas corpus we are no, TO
hear the evidence on both sides, but on the
part Of the Comm onwealth only !; else on
every such writ this Court (for the separate
Judges thereof, as the case may be- would
arrogate to itself the decision of all disputed
facts in the first instance, rendering the trial
by Jury superfuous and unnecessary. We
possess by law M such power, but where
pTiRa facis case is made out by the Com
<nonw ealih, mus. leave the cause TO be set
sled by Jury, when all the evidence will
be heard.
AS court, we will judicially take notice
Of the facts proved before US yesterday, tina,
the men endeavored to be arrested were
slaves belonging to Mr.. Taylor-and in our
decision this morning, we declared that he
had . RICH, to take Them wherever he could
lay his hands peaceatly upon them, excep,
hin the actual presence Of The Court
We are also of the opinion that he and
pose whom he may have called to bis as
a,ance, had right to use jus. as much
zee in arres'ing and securing them as ar
Ger Of this Commonw wealth, with process
as hands has in executing such process
as we could, by no means, justify .
riff or Constable in using the amour. o
llence proved to have been used in ih
Be, but would hold them answerable 70
IN assault and battery, SO must we hole
these defendants. The officer must, in tn