New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-01-27
NEW-YORK TRIBUNE
Another Alleged Fugitive slave Arres'ea-
Examination before Commissioner lnsra-

corrs.nordeuee ofThe Tribune.
PHILADELPHIA, Friday Jan. "a
The following is report of the examination oil
m alleged Fugitive Slave, before Commissionerln.
graham, this morning The case is not concluded
At the time Of penning Of this, bat the genera in
preston il that the accused man VIII DC to
manded $1,000,
ANOTHER SLAVE CAsE.-Ths mornin9,. S.u.S -
and 10 O'Clock, q negro by the name Oh esoPn f
Bennett. was brought before CommlsStrouei III
graham, charged with being iuBtI is, non ~ IL
Seryice of Edward y. Gallup o. D ai1liiiOLe nc
was arrested in Columbia, "a isst evening" aJoGs
=. .vorS .awing wood in the street, upon war
49,, ;.sned the 22d inst. by the Marshal he is a
isrne sbIe bodied man, about &c years OF age
soop as 1t was known that the black was
an alleged fugitive slave, w m ,. PlSrce ana l.,
Evans Esas took out a writ OF habaos corpus
before the Supreme Court, which was made re-
turnable to morrow morning, at 10 O'Clock.
Committee of the Pennsylvania Abolition Society
and several colored men were IN attendance, s9-
perintending the case. The excitement sIten9'
ing such cases appears to have entirely shos9 r
~ we NAV Judge from the behavior oil the Ie"
nersopa In attendance Not the slightest oegree
Of feeling prevailed. The prisoner has a Wile ana
one child and is said TO have absconded three
years ago last July. ,eD
take place. At this stage Of the proceedings, an
apnlication was made TO Judge Kane, OF the u ;.
Tistrict Court for a writ OF habeas corpus, by the
counsel for the black and the writ granted, made
returnable forwth The writ was served upon
the Marshal, and be returned that he nad MN tote
pben Bennett) in custody, and produced him IN
Court u
Mr. Pierce, after dilligent search Tor ID L brown
ESQ. came into Court and stated that 1t was In
possible for Mr.. b TO come into Court NJ t9ls
hour Mr.. p asked for a postponement OF the
proceedings in the case on the ground that ne had
no opportunity of comforting with his client, bis
time having been taken up with the performances
He stated that it was q right vouchsated TO both
counsel and client, by the Constitution OF the
United States Mr. lngraham remarked that the
respondent was brought before him at goclock,
and at that time he told Mr.. Pierce that II ne de-
sired to confer with his client, ne could do so
The Judge allowed Mr.. P. time TO converse pri-
vately with the respondent, Stephen Bennett
This application was made at 2 NJ. The coun.
sci for the prisoner are, ID. I. Brown, gibbons,
Pierce and Evans, N Murtrie for the owner.
Mr.. McMurtrie read the return OF the Marshal,
Anthony T. Roberts, expressing the fact of the
body OF Stephen Bennett being in his custody, and
Mt present within the walls of the Court. The
Court took exception to the construction OF the re-
turn. The Judge said that it were best in these
matters to conform, much as possible, to the
ancient rules pertaining to like cases until re-
cognized precedent has been established.
After Mr.. McMurtrie had reconstructed the re-
turn, and presented 1t TO the Court, MIR. Price
arose and replied that there was no Justification
In the arrest and detention OF the respondent by
virtue of the commission under which said arrest
was made through the direction OF Commissioners
Ingraham. He objected, on the ground that Mr.
Ingraham was not appointed Commissioner ia
der the late act, he having been appohteu unuoi
the act of 1911
The Judge remarked that the proceeding was
not instituted under the act of 1872 but under the
law known as the Fugitive Slave Act, and that
the counsel could contend, if he pleased, that Mr.
lngrahsm had no authority under the "FugitNe
Slave Act"
Mr.. Pierce commended that the warrant could
not be served out of the County OF Philadelphia.
The Judge said that the act gave power to
serve the warrant anywhere in Pennsylvania
Mr. Pierce then took the ground that Commits
sioner Ingraham had no power to issue warrant,
his authority extending merely to the taking oil
bail.
The Judge overrued this ground.
Mr. McMurtrie remarked that ne had two or
three remarks TO make He said that the test
mOny in the case was entirely parole, and they
would prove that the respondent was the lawful
slave of Mr. Gallop, having been purchased by
him from the administrator OF his fathers estate;
that the defendant acknowledged to several per.
sons that he was the slave of Mr.. Gallop, and
that he endeavored to make conditions to pur-
chase bis freedom.
William b G. Whitaker, sworn do not
claim any property in the man before the Court l
have no interest IN him am promised no reward
in the case l do not expect any reside IN
Philadelphia.
S,rorn an chief am in the iron business;
have resided in Philadelphia fifteen or twenty
wears; cant be mistaken IN saying that know
stephen Bennett; knew him IN Mary and he
was hired TO work at furnace oil mine, from ms
owner, Mr.. Gallop; Bennett was owned by Mr
Gallon, MIR. Gallop hired the man to me under
the right of an owner ne claimed the ownership
of him.
the time | hired Bennett lived there from 1854
until last Fall, though | spent some time IN ~
and so in this city; he was in my employm ent Ia
ls45 and 40 the last time saw him was IN AZ )
hired no other man from MIR. Gallop; | hired
other men; cannot contound him with any other
man; don't recocct hearing MIR. GaHop say
that the respondent was 20 stay with him until he
was rs, and then be set free; was IN converse
ton with Mr.. H. this morning about Bennett Mr.
Il called on me he told me he was about 20
make arrangements to take him my impression
is that he asked me II 4 would know him; can
not recollect the minutiW OF the matters he said
something about my appearing as witness In
the case; ! replied that would rather not appear
in the case as i would be unpleasant to me
was told that was subpenaed; he was not IN my
employ ment at the time be was missing Ia the
neiehboghoodi think he was employed on Mt
Sallop vessel which sailed between havre de
Grace and h Baltimore the vessel may have come
on 70 Phiiadelp hia through the canal at times.
stephen lived at Havre de Grace when he
worked with as, think all the time; my impress
sion is that paid Stephen something for over
work, and he WAS allowed something indepen
dent OF that by Capt. Gallop, the claimants Ste
phen was employed in carrying iron ore while IN
my employ ruent; the ore taken from the
vicinity Of Baltimore; we also got ore from the
Tide Wa alter Canal. some from Pennsylvania and
some from Mary land l think he was not EN-
ploy ed in bringing ore for us down the canal We
made from three 20 SIX trips month to Pennsyl
vania.
The Judge here asked the counsel the object Of
this examination, to which he replied, 70 show
that AIR. Gallop had virtually manumitted Ste.
phen by bringing him into Pennsy lyania
The Judge ss,d he thought toe law other wise.