Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1851-04-11
,dxatd Bnfnett ! Resident of savannah. confirmed

hearing described herself ana son sso eiateS
ing to Mr. Potter John B. Bacon the agent of the
owner also identified Sims, who passed has house IN
Savannah, twice day, going to and returning from
his work. and he added to the former testimony the
important fact that he had seen Sims mother pay
over his wages to Mr.. Potter in his Sims presence
At this point the Investigation was adjourned Sms
was then placed in custody in the courthouse under
strong guard of police the supreme Coort, IN
bank. having unanimously refused writ OF habeas
corpus 1t seems probable that the counsel tor the
fugitive cannot set aside this testimony although
they declare their intention to prove Sims free, even
under the laws of Georgia. The testimony on be-
half of the claimant, however, seems SO very direct
and conclusive, that apprehend the commission
er, Mr.. Geo. T. Curtis, will pronounce the claim es-
tablished.
Security of the Hare-the Military &c.
The court house on Friday nigh was still surround
ed with chains, and guarded by large body of po-
lice officers. The fugitive is in room IN the third
story which is secured by six two-inch iron bolts
upon the inside. Several military companies were
at their armories in readiness for action In case OF
any disturbance or attempt at rescue. Indeed every
precauiOn has been taken to prevent second Shad-
rach affair. The city remained in an excited state.
The square around the court house was cleared once
twice of the crowd collected, by attachments OF
the city watch-and one two who refused to stir
were taken into custody. Sixty resolute men guar
ded the court house upon the inside and others were
ready at the different watch houses upon the least
alarm. No blacks were to be seen abroad. Knots
of were collected all over the city discussing
the matter. The great majority were in favor of
obedience to the law The agent of the owner re-
fused to sell the slave. His orders to take him
out of Massachusetts, to test the law.
body of $50 u S. troops with two pieces of or
dinance, were kept in readiness at the Charleston
Navy Yard. This, in addition to the 100 of the po-
lice and the city watch fully armed inside the court
house, considered abundantly sufficient to
repel any demonstration at a
Writ of Habeas Corpus refused
Pending the hearing before the commissioner, on
Friday, Mr. Sewal went before the Supreme Judi
cial Court, Chief Justice Shaw, and Justices
Metcalf Fletcher and Bigelow were hearing argu
ments and presented retiton for a writ of habeas
corpus in behalf of Sims The petition set forth the
facts, and stated the process by which the United
States marshal held Sims in custody, and the law
under which he protested to act.
| After comforting with the other members of the
court on the bench, the chief justice said, in sub
stance
we have always made it rule not to grant
writ of habeas corpus when it is apparent from the
petition presented, that if the prisoner brought
before should have to remand him again into
the hands who hold him. Such is the case with this
petition. 1t sets out the grounds of the alleged hold
ing in custody, and they sufficient. 1t is not in
our jurisdiction to try the question whether or not
he is fugitive from labor, on habeaus corpus, in
this case. The writ is therefore refused
! Mr.. Sewall now asked if the court would hear an
argument upon the consitutionaliy of the fugitive
already decided the case.
arrest Of one of the counsel.
About two hours after the arrest of Sims on Thurs
day night the fact became known to Samuel E..
Sewall and others of like mind, and they proceeded
to the court house. Finding Mr.. Riley, the deputy
marshal, on the steps, Mr.. Sewall went up to him,
and demanded to know if Sims was there, and to be
permitted to see him. if he Mr.. Riley told him
he knew nothing about the facts and had no right
to admit Mr. Sewall into the building. Mr.. Sewal
demanded aA md
dared Mr. Riley, upon his peril to refuse him.
From his questions it seemed that he suspected that
Sims was to be examined during the night. He re-
peated his demand. and laying his hand upon Mr..
Riley;s shoulder, accompanying the act with the
minder of peril and just at that moment a watch
man passed by. MIR. Riley called to him. and, point
ing to Mr.. Sewall, said: Take this man away
The Waterman did so, conveying Mr.. Sewall to the
watch house, where he displayed considerable excite
ment for about half an hour. He tried to get some
to go to the house of of the judges and get
a writ of habeas corpus. Mr. Gregg officer of the
watch, having assured him that there no dan
ger that the examination of Sims would be under
taken during the night Mr. Sewall became some
what composed, and was allowed to go home.
Examination on Saturday Morn'ng-case postponed.
The following despatch gives the intelligence from
Boston up to noon on Saturday:
/ BosToN, April 5.--The excitement growing out of
the slave continues to-day great and
an immense crowd principally whites, gathered
about the court house.
i The court came in at ten o'clock. The room was
crowded. Some excitement was shown but no fears
were entertained of the abotionists committing any
over act
The proceedings this morning were confined to
the evidence showing Sims to be the property of
Potter. Mr.. Bacon attorney for the claiment, was
the principal witness this morning.
! The captain, mate, and sailor OF the brig M. Il
J. G. Gilmore, examined and testified that
they left Savannah for Boston the 22d Feb; that
they saw Sims on the wharf at Savannah few days
before sailing; that he asked the cook for situa-
ton and was refused when off Boston light, the
prisoner was found by the mate hid in the forecas
tie: that he was confined in the vessel by the Cap
tain while in the harbor. but managed to escape on
shore at South Boston, by forcing the lock of the
cabin and stealing the briggs boat that he told them
he board the brig at Savannah the night be-
fore they sailed This closed the evidence for the
claimant.
Counsel for the defence then announced that they
had no evidence to offer An affidavit of the fugitive
was read stating that his freedom purchased by
his father when he was five months old that his
free papers in the possession of Morris Pot
ter, of Savannah and that he desires delay to OBJ
tain them that he never heard of James Potter his
alleged master, until yesterday morning. No notice
was taken of this paper.
i Mr.. Rantoul then announced, that he designed to
argue the constitutionaliy of this law, as to the
right of commissioner to sit upon the case, trial by
jury, &C., and asked postponement until Thursday
The court would only grant till Monday, at II
o'clock. when the argument will be heard.
The city remains quiet, but large crowd is col
lected about the court house. No violence is mani
tested
The clerk of the Police has notified the United
States that Thomas Sims the a1lepnd