The southern press. [volume] (Washington [D.C.]) 1850-1852, 1851-10-08


Correspondence Of the ~ Y. Herald.
PHELPS HOUSE, BUFFALO, Oct. g. 1851.
The late Fugitive Stare Ar,est--His Trial,
Imprisonment, and Depa, Excitement
among the Negroes-T Their Contemplated Res
cue, and Failure.
The lower portion of this city was the scene
of some excitement yesterday, consequent upon
the arrest of the fugitive slave Harrison, who
was found by the officers in the town of Busti,
Chautauque county, and brought here for trial.
To prevent his escape or rescue, Harrison was
handcuffed to a white man, knO Nh as Ham Best,
who is a constable of this city, and who con-
scented to this, that the law might be enforced.
The pair, thus fastened together, were conducted
through the streets to the Jail, by few officers,
followed by large concourse Of people, Of all
colors and both sexes, many Of whom were
greatly excited and offered numerous indignities
to the officers.
BY conversing with the prisoner, learned that
in January last, seven slaves ran away from
Hardy county, Va, end found their way into
Chautauque county, New York, where they all
remained for some time; but finally, two of
them resolved to return and steal away their
wives, in attempting which, they were discovered
and arrested and then revealed the whereabouts
of their companions. This information resulted
in the issue of five or six warrants for them by
United States Commissioner Smith, on Saturday
last. By some unknown means, the negroes
heard of these proceedings and all safely reached
Canada except Harrison, who was persuaded to
remain, and therefore his arrest. He is about
nineteen years Of age bright mulatto, rather
dull and stupid, and as field hand, was probably
worth about $1,000.
At Q o'clock, the fugitive was brought from
the prison, which is few yards from the court
house, to the courtroom, which was densely
crowded with citizens, many of whom were col
ored, and of both sexes The female darkies
we're particularly savage, and crowded within
the bar, talked with the prisoner, and upon re-
fusng to leave, were forcibly elected.
Commissioner Smith finally announced that
he was ready to hear the case; whereupon J..
M. Smith, esq., in behalf of the claimant, calico
George S. Neti, to prove the identity Of the fu-
gitive. To this, Mr.. Hawley, as counsel for the
defendant, objected, and asked the court to re-
quire the claimant to elect whether he would
proceed under the 10th section, relying on a
record from Virginia court, to establish that
Harrison was slave, and had escaped or I'M
der the 9th section, by which those points must
be established by oral proof.
The commissioner decided that the claimant
might offer the evidence under one or the other,
or both.
The claimant then called George s. NefP as a
witness, who said--I have lived in Hardy coun-
ty, Virginia, all my life, some thirty eight years
am q farmer; know DR. Nathaniel ID. Parren
(the clamant,) who lives in Hardy county, on
the South Fork, stream that emptes into the
Potomac; he is my neighbor and practising ply
sician know the boy Harrison (the defendant,)
and have known him since he was about two
years old--some seventeen years he has always
lived with the doctor (the claimant,) he got hin
by his wife the doctor has hired him out to
work | have hired him of the DOCTOR have
known him to exercise acts of ownership or
Harrison in his presence, without any denial by
Harrison of his right as master; about the l2tl
or l3th of January last, went to stay with
sick friend my wife sent for me, thinking ny
slave was preparing to run away on my way
home, | met DR.. parren, who was in pursuit o
his negro who had run away, rs he said ! neve
saw Harrison there afterwards the next time
saw him was when We arrested him in Chau
taque county.
The whole of this testimony was objected t.
by the counsel Tor Harrison, upon the ground
that it was irrelevant and not inconsistent will
Harrison's being a free mar The objection
was oyerruled, and the testimony admitted.
There was no cross-examination, and ths
claimant said he had no other evidence to offe
except the following record, upon which h,
rested:
Stale of Virginia, 10 nit:
Among the records and proceedings of the
county court of Hardy county, is the following
At court summoned and held for the count,
Of Hardy, at the ourt-house thereof, on the 2Oti
day of September, 1851, pursuant to the provi
sions Of the act of the general assembly of Vir
ginia, passed the 2Is day of March, 1851, Il
hear proof Of the escape of Harrison, slave
the property of Doctor Nathaniel d, Parren, o
said county, and that the said Harrison owe,
service and labor as a slave to him, the salt
Parren-
Present, Thomas Massalon and Joel w. Hal
len, gentlemen justices-Tbe court order j
be entered on the record, that satisfactory proc
on oath has been made before them, that SAT-
Harrison escaped from his owner, the said Ma
thaniel ID. Parren, on the 18th or 18th day o
January last, and that he owed service and labo
"a n slave to his said owner that said slave wa
about nineteen years of age, mulatto color wit
scar on his left cheek bushy head his from
teeth some distance from each other about fiv
feet six inches high heavy set, and having larg
feet Ordered that the court adjourn.
Signed by the justices.
], James C., Gamble, clerk Of the county cour
Of said county of Hardy, in the State of Vii
ginia, certify that the foregoing is true tran
script Of the records of said court. In witnes
whereof have hereunto set my hand, and al
fixed the seal Of the said court, the 22
L. s. day of September, 1851 and of the sew
enty-sixth year of the Commonwealth.
II
]. John Hopewell, presiding magistrate of th
county court Of Hardy county, in the State @
| Virginia, certify that James G. Gamble, who ha
given the above certificate, is the clerk of tn
said court, and this attestation Ia In due form.
| Given under my hand AMI seal, the Dad da
IL. $ of September, 1851.
JOHN HOPEWELL"
Mr.. Hawley contended that the claimant ha
not proved that Harrison was a slave, or that h
had escsped--that being held and known M
slave did not establish the fact that he was
slave and that nothing could be conclusive o
that point except proof Of the fact that he wa