New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1850-08-27


alleged that William rode of a horse beloosingto
Mr. Littlejohn We have no proof Of Mr.. Little
iohl' . horse having besu stolen az all From sasht
that appears, he may have been lent We must
therefore, dismiss William without further invest.
CATION as there IL no ground vbstsver for commt-
upe him. Several questions have been raised by
the defendant counsel
ftya. Thai the proceeding could only be sus-
tanned under the act OF Congress, -therefre the
warrant was Illegally issued on an oath made 10
Pebnsyvsris. We have no doubt that the sarrtnt
was improperly issued, as the oath should have
stated that the crime was committed IN virginia,
and that the defendants had fed from justice. Bat
we co not agree to the position assumed, that thu
oath must be made under the act OF Congress-
When 30 made, and properly certified, or woen
the indictment 10 found in another State, and prop.
erly authenticated, we consider II conclusive, aud
We have no light TO inquire bey ond 1t. But when
fugtives are pursued into Pennsy ysnia, we con-
sioer IL strictly legal 20 make an oath before an
officer Of the law here-haye warrant Issued
the party arrested and committed, 10 orderto await
q reQuitiiion Of the Governor OF the State rom
which be fed. IL 10 not 40 much matter OF comfy
as q police regulation OF our own, to get clear OF
dapserous delinqaents. We do not sustain the
proceedings for the benefit OF the State wbose lays
are violated, alone, but for our own safety. We
are W ell aware that tbs legis alton OF Congress 10
exclusive In many cases; and II tne rishts OF
Virginia alone were concerned, she could not urge
U 10 do more than carry into EFT ct the Congress
sional provision. Bot every State has right To
protec lis own citizens from the felons Of other
States and il we choose 10 permit oorm agistrates
to exercise such jurisdiction on anoa.h made under
our own laws. the fugitive charged with felony
cspnot lawfully complain
The eupreme Court OF Massachusetts, In =,
paeu 53e decided that their act Of Assembly au-
thorizip, similar proceeding did not conflict with
the Fedepsl Constitution and the custom at CON-
mon law Of Pennsyvani on the same supJect m
equally valid deprived OF such power i.rge por-
ton Of the most dangerous criminals would escape
punishment.
The only question left open 10 ~ to the guilt or
innocence of5amuel Wilson and George brooAs-
An attempt has been made to prove tnat tnese men
were in this county at the time the alleged larceny
was committed, for the purpose oil showing gross
mstake in the charge, and raise douon a. !" Tue
identity.
slaves belonging to Mr. Tay or and led at the time
and In the manner stated by him. we nave also
no doubt that they took the horses saddles and
brides for although there y no direct PROOF oil toe
fact. vet the men and the property disappeared
from the same place at the same time and the
horses are found in the direction the men would
pas to reach this place, where they were arrested
but the only point Of any doubt il az 70 the 'Se"-
ton with which they were taken. When one man
candestnely carries off the property OF another In
the night time the fair presumption IL that he In
tended TO steal it; but that presumption may be
repealed by circumstances. The party charged may
show that he took the article for temporary pur-
pose-not with the intention to stehTout merely
to use intending to return IT, or leave II wheIe Tue
owner might get IL again. The defense mainly .de-
ponds on their being slaves endeavoring to escape
from their masters, and using their horses Tor that
purpose and not animus furdndi. III tnere was
any reasonable doubt as to the intention, IL woulo
be duty to send the cases TO jury oftne state
OF Virginia but we have none; and II the men
air fris Al in
obliged to instruct the jury to acquit them Inc
rule OF law il settled in numerous cases. ana st'a
rious periods Of our Judicial history tnat properly
Ia taken, even clandestiney, yet not with toe IN
tention to steal, bat merely to USE IL NOT arceny.
If probable cause to believe these men guilty was
made out, as committing magistrates, we snould
retain them for trial but we do not think tna any
crime has been proved against them, and that the
taking was mere trespam
No proof has boon sdduced az 70 "nati laws eAss
IN Virginia on the subject OF the abduction OF pro-
erty by slaves, but we take it for granted In the
absence Of evidence that they are governed by the
rules OF common law. II the rule Is more stringent
in that State, it should be shown by the accusers
Another point has been raised: That the Oourt
will not permit those men TO be arrested az 'ney
have been fraudulently seized, imprisoned aua
brought iuto Court on a criminal charge ior "hioh
there was no foundation whatever
We are by no means prepared TO say that tnis
charge was traudulenhy preferred, bat on the CON
".
can only escape a trial, and probable CONVICTION,
from the fact that they were slaves, endeavoting
to escape from the custody OF their master, anu
merely used the horses to aid then in their object
| We would not permit Mr.. Tsy lor or any other man
to seize his property in open court, which would
be a contempt but he has an undouo ed right totake
these men, wherever he can lay his hands on them,
peaceably and if violence or disturbance ensuss,
those persons are crimnally responsible who
cause it.
We have power to prevent the abuse OF legal
process, but we have no legal authority to prevent
the recspture Of these men, or any other slaves,
by the owner when or wheresover he may think
proper TO exercise his right, except in the face Of
Court
1t is therefore ordered that the said Samuel Will.
son, George Brooks, and William (slias john
Strange be discharged from confinement.
Upon the announcement OF the above decision, the
owners othe slaves and their assistants proceeded
to the jail in order to seize their men as soon az
the keeper of the prison hbOuld discharge them
A great crowd, chiefly composed of colored persons
bad by this time assembled in front OF the jail, and
all the avenues leading to the prison were filled
with men, women and boys, of all colors.
As soon an the doors OF the prison were opened
and while the slaves were still in the vestlbule OF
the prison, MIR. Taylor seized hold OF one OF his men,
when the slaves resisted, and general melee com
| nenced between slave and master, In which the
slaves were finally overcome and handcuneo' o1s
no. until some severe bat not dangerous wounds
were inflicted on both sides, in which the slaves
Jared decidedly the worst One made bis escape
and is, no doubt, safe enough ere this
Whilet this melee was going on, the negro's OUT
side encouraged and some assistea the slaves a.
! much as possible, but were principally prevented
from doing much harm to the men engaged in the
recapturs by the large iron grated door in front of
| the yestibule, which was closed TIE Court was
made acquainted with riot having actually com
mence5 or was about TO commence; upon this infor
nation they ordered all the men engaged in the
vestbule OF the Jail to be detained on q charge Of
assault and battery, with intent to create q riot
and all parties slaves and owners, we're committed
J TO prison
Immediately after this affair was some what set
tied by the confinement OF all the parties tie Court