New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1850-08-28
End OF the Harrisburg aiot-O pinion Of JUDGE
Pearson In Ho'dins tho Osfesd ant. for TriaI,


HARstssUsc hopo.v Aox ae tsso
The following opiLion Ot Judge Ps.,,nn "a. A..
ltvored on Saturday evening ~h.n ba bc.,d IN.
owners and their assistants on habeas CORPUS, GA
the charge Of assau { and battery.
The Commonwealth vs Wuii1m Tayior ami OH.
ers- Wa Of HoJcoS Corpus These gsn.Isn,n
are brought from the prison Of Dtuphin County on
wit OF hsbess corpus, having been cooined under
the following circumstances The Court va, la.
tWmed this day that greet riot had CON N snced
and was IN progress, at and about the prisj1, and
that number Of persons we're engaged ia fshtinx
within the jail walls that mach blood hal osea
shed, and some lives supposed 10 have been taken
and IL was appreheDded, from he DGmbsr o( pee.
sons iD the street deSyorog 10 force an entrance
that consequences II tho grayest character mik.t
beexpected. We directed ou- officers, wiki zoe
Police OF the town. 10 raise sufficient force, make
Their way TO the doors Of the prison, AM secure
them, confning all who were withio, and prevent.
ing the entrance OF any more ard on this being
DONE TO raise sufficient force 70 arrest or dispsrss
the mob on the outside, and secure snd retain thoss
within; al OF which appears to have been per.
formed.
Our sole object wa to preserve the public peace
end secure those who ned broken L. TIE evidence
now before US shows that this parties on heAriag
bad entered the vestibuls oithe prison FOR the pur
pofe Of securing their Slaves, who had fed from
the State Of Virginia. been charged with horse
stealing, and by us discharged this day, on writof
hsbess corpus. The evidence shows that great
violence was used by the owners in endesvSring
most severely beaten, aud lef. bleeding aud smls.
sense EDS The parties before fally Identified
and the facts clearly proven.
30 far as disclosed By thoae who heye testified,
there does not appear 20 have been anything 10 |
the nature character of the resistance 20 resort
TO such extreme measures. The defendants have |
offered evidence to show that they were attacked
by the slaves in & hostile manner, and used no
more force than was necessary 20 repel the attack
and secure them in custody. We do no. believe
that according to the roles OF law 10 regard TO pre-.
liminary examinations We have a right to hear
their evidence.
This is but preliminary exsmisation on a wri.
OF habets corpus; we a-e not 70 hear the evidence
on both sides, but on the part OF tue Common wealth
only ese on every such wrtth Court Tor the sep.
srate Judges thereof as the case might be- would |
arroga.e 10 tself the decision Of ali dispute facts
in the first instance, rendering tral by jury super.
huous and unnecessary We possess by law no
such power but where prima fdcia case is made
out by the Commonwealth, must leave the cause
to be settled BY jury, when all the evidence will
be heard.
Ae d court, we will judicialy take notice of the
'ects proved before US yesterday, that the mon en-
deavored to be arrested were slaves beonsin., IN
Nr. Taylor-end in oar decision this r,oro,ng ovs
DC clsred that ne had Alright tC sake them Wherever
= ~ pctceaoy upon them, except
"a 1ne ec'uS presence of the Court.
" o are also Of opinion that he aud those whom
he may have called to his assistance, had right to
uSe just 90 much force in arresting and securing
them as an officer Of the Common wealth, with pro.
cess in his HANDS, has 80 executing sach process;
yet tE We could, by no meanT Justify Sheriff
Or Constable in using the amount Of violence prov.
cd to have been used in this case, we would hold
hem snswersble for an assault aud battery, 90
must we hold these defendants. The officer
must in the first place. use all gentle means to
secure the party ordered to be arrested. II re.
listed, he muat overcome that resistance by force,
tut must be extremely careful to measure it by
be degree Of violence used against him, AMI can
'ny justify beating bis prisoner to prevent great
oddly harm to himself and must desist as soon az
e has it in his power 70 secure him by other means.
We carrot accord to the defendants here any
,reater power when they come on to our soil to
eize their fugitive slaves than we confer on our
wn peace oacerr. The persons engaged 10 re-
istipg there men in the lawful exercise OF their
ight Of seizure, are guilty Of great wrong, and
cost uDjusttfiable breach OF the public peace, |
II which We have held RS many responsible as
ould be apprehended and we must in ike man.
er hold these gentlemen to answer at our neEt
curt Of Quarter Sessions, where the whole sub
,ct will DO Investigated By the Court.
J. PEARSON, President Judge.