The southern press., 1851-10-08
Correspondence Of the ~. Y, Herald,

| IHELPS IlOUSk, ocb 1901.
/ The late Fugitive Slave Arresl-His Trial,
! Imprisonment, and Depa' lure Ercitemen,
among The Negroes 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 Bust,
Chautauque county, and brought here for trial.
TO prevent his escape or rescue, Harrison was
handcuffed to white man, kno xn 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 a few officers,
followed by a 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, tive of
| them resolved to return and steal away their
wives, in attempting which, they We're 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 ST. 900.
! At 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
were 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.
NJ. Smith, esq, in behalf Of the claimant, callec
George s. Nef, to prove the identity Of the fu-
gitive. To this, Mr.. Iiawley, 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 q slaye, and had escaped; or un-
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. Nefr as
Witness who said-I have lived in Hardy coun.
ty, Virginia, all my life, some thirty eight years
am farmer know DR.. Nathaniel d. Parren
(the claimant) who lives ia Hardy county, on
the South Fork, a stream that empties into the
Potomac; he is my neighbor and practising ply
stefan, 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 him
/ by his wife the doctor has hired him ont TO
work; ] have hired him Of the doctor; have
known him TO exercise acts OF ownership on
Harrison in bis presence, without any Genial by
| Harrison OF his right as master; about the 18th
or 18th of January last, ] went 10 stay with
sick friend; my wife sent for me, thinking my
slave was preparing 10 run away; on my way
home, | met DR.. Panen, who was iu pursuit Of
his negro who had run away, as he said never
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 to
by the counsel Tor Harrison, upon the ground
that II was irrelevant and not inconsistent with
IIarrison's being a free mar. The objection
wBs oyeuuled, and the testimony admitted
There was no oross-examlnation, and the
claimant said he had no other evidence 70 offer
except the following record, upon which be
rested:
State Of Virginia, 10 ,oit:
Among the records and proceedings Of the
| county court Of Hardy county, is the following:
At court summoned and held for the county
Of Hardy, AT The court house thereof on the goth
day Of September, 1851, pursuant 10 the provi.
sions Of the act Of the general assembly Of Wiz
ginia, passed the 2lst day Of March, 1851, to
hear proof Of the escape Of Harrison, n slave.
the property Of Doctor Nathaniel ID. Paren, Of
said county, and that the said Harrison owed
service and labor as a slave 10 him, the said
Parren-
Present, Thomas Massalon and Joel w. Hal
len, gentlemen jus.ices.-The court order il
be entered on the record, that satisfactory proof
on oath has been made before them, that said
Harrison escaped from his owner. the said Ma.
thanie d. Parren, on the I2th or l3th day Of
January last, and that he owed service and labor
as slave TO his said owner that said slave was
about nineteen years Of age, mulntto color, with
a scar on his left cheek bushy head his front
teeth some distance from each other; about FIVE
feet six inches high heavy set, and having large
feet Ordered that the court adjourn.
[Signed by the justices
], James C.. Gamble, clerk Of the county court
Of said county of Hardy, In The State Of Vir.
ginia. certify that the foregoing Is true tran
script of the records Of said court In witness
whereof I have hereunto set my hand, and af.
fixed the seal Of the said court, the 22d
II. s.. day Of September, 1851, and Of the sew.
enty-sixth year Of the Commonwealth.
JAMES G. GAMBLE.
], John Hopewell, presiding magistrate Of the
county court Of Hardy county, in the State of
Virginia, certify that Jamea G.. Gamble, who has
given the above certificate, Is the clerk Of the
said court, and this attestation is in due form.
Given under my hand and seal, the 22d day
III. 8 of September 1881
JOHN HoPEwELL."
Mr.. Hawley contended that the claimant had
not proved that Harrison was a slave, or that he
hsd escaped-that being held and known as
slave did not establish the fact that he was
slave, and that nothing could be conclusive on
that point, except proof Of the fact that he was