Burlington hawk-eye. [volume] (Burlington, Iowa) 1845-185?, 1850-07-11
~ IMPORTANT TRIAL.
District Court of tho United States,


June Term, 1850. Hon. J. J. DYER, presiding.
Rue, Daggs, plaintiff, VS. Ehu Frazier, ct ais, de-
PENDANTS. Trespass on the case.
d. Rorer, Esq, Counsel for plaintiff. J. c. Hall
and J. T. Morton, EsQs.. for defendants.
This was an action Of trespass on the case in.
sttuted in September lS4S, by Ruel Daggs, of Clark
county, Mssouri plaintiff, against Elihu Frazier,
Tho. Clarkson Frazier ,John Conner, Paul y,John
Pickering, William Johnson and others of Henry
county, Iowa, defendants, for the purpose of recov.
ering compen for the services of nine slaves
who escaped into Iowa from Missouri, and were
afterwards assisted to elude the control and custo-
dy. Of PLAINTIFFS agents, by the defendants or some
of them.
The declaration contained six counts. The first
two allege that the slaves were rescued from the
plaintiff, or his agents. The third and fourth that
they were harbored and concealed so that they af-
forwards escaped from and entirely lost to the
plaintiff; and the fifth and sixth, that the plaintiff
was hindered and prevented from recovering his
slaves by the acts OF defendants; and the amount
damages claimed was $4,000. Plea, not guilty.
The suit had been continued from term to term,
for cause shown, and at this term, after motion
by defendants counsel to exclude all the plaintiffs
dispositions for irreguarity, had been sustained by
the Court plaintiff filed hi, affidavit, and moved the
Court for continuance. The motion was oppos-
ed by Mr. Hall, and after argument, was overrucd.
Plaintiff then entered a noRe proSequi to sew
eral Of the defendants and Immediately suhpenaed
them as witnesses to supply as far as it was possi-
bic the want of evidence occasiOned by the exciu-
sion of his dispositions.
A jury was then impanneled, and sworn, the
declaration read. and the witnesses for plaintiin-
troauced. The following is the substance, and
very nearly the language of
THE EVIDENCE.
George Daggs sworn. Direct exami-
nation, by Mr. Rorer. Is the son OF the
plaintiff, Ruel Daggs, who has resided in
Clark county, Missouri, for the last twelve
or fourteen years, and was and stills, the
owner Of slaves. About the 2nd June,
lS4S, nine ofthem made their escape
Sam, black man, aged 40 or As years;
Walker, % or %, yellow man; Dprcas,
Sans wife; Mary. Walkers wife; Julia,
Is years old; Martha, under 10; William,
a small boy; and two younger children,
names not remembered. The men were
worth 5000 to $1,000 each; the three wo-
men, 5000 or 500 each; Martha from
$3.50 to 800; William abon, $500. Una
able to say what was The value Of the two
children. Tie services OF the men valued
at about 800 per year; of the women,
As or $50; Mar,ha's, her victuals and
clothes. Dorcas, julia, and the two clil-
dren were returned shortly afterwards.
but were absent more than week. Ex-
act time of their absence not remembers ed.
Saw no money paid for recapturing them,
and has no personal knowledge of money
being paid for that purpose. Was at
home, in adjoining county, at the time of
the escape.
Judge Dyer here observed in reply to
the inquiry of counsel that the court would
take judicial notice of the constitution of
Missouri, and the existence Of slavery in
that state.
Cross examination hv Mr. Hall. Was
sen, ror by plaintiff in the early part of
Jure, lS4s, and told ,ha, the negroes had
run away. They were all absent when |
arrived, and l Immediately wentin search
of them. Live some fifteen miles distant,
AMI had not visited them for about month
preyio,s. Did not see the negroes es-
cape, and was 10, there at the time. Is the
owner of slaves. Slaves are sometimes
sold at the south as we'll as at home
Were " orth the sums mentioned, at home,
at private sale. :.
Direct, resumed. It is thinly settled
in the neishborhood of the plaintiff res
idence.
Question objected to by Hall.l What
was the common report in the neiSh5or-
hood with regard 10 the slaves?
Per Curiam. Mere ruinor cannot be
given in evidence as to the escape.
Rcrcr, for plaintiff. gave notice that he
should contend that the possession in Mis-
souri, and finding in Iowa was evidence
of an escape.
Examination resumed. Was not at the
plaintiffs 5 when the women and children
were returned.
Alber, Button sworn. In June, lS4S.
resided in Salem, Henry county Iowa.
In the early part Of that month saw ne
gro man and boy there. There was
crowd a, the stone house which after
wards went TO the Friends Meeting
house. The negroes went along-went
there myself bid not see Elihu Frazier
or John Pickering there. Saw Mr. Nc
Clure there. Had heard before, that some
one from Missouri was there in search of
slaves. Was not in thc crowd as il went
TO the meeting house. Don't know its IN
,ention in going, excep: from what ! was
told by some persons present. Some
were talking. and some were praying, the
latter mostly by the women for the bene-
fit OF the negroes. There seemed to be
no dispute as to going TO the meeting
house. West UP with Mr. Street. Jus
t;ce Gibbs was there. The claimants
were required TO prove the existence Of
slavery in Missouri, and that the negroes
were slaves, by the justice and myself
Said they had no evidence there.-were
told tl.eg might have time TO procure 1t.
They were q Questioned as to their agency,
and replied they were not Legally agents.
There was something said TO the effect that
they were in bad scrape and would back
out. A man named Brown was one OF
the claimants. Crowd did not say the ne
crocs should he retained in any eren'.-
The negro left the house and | did not see
him afterwards. Threats were made TO
arrest Brown after I've had presented a
pistol. Have conversed with Street since
that time upon the matter. Have heard
how the negroes got away from Salem.-
Don't know who brought them to Salem,
whose horse they rode, or whose wagon
they came in. Can't say whether the OBJ
iect of the crowd was to prevent the Ia,
lin, of the negroes or TO assist II.