Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1851-06-27

mental and bodily, nnhccded by many among whom
ne has so "ng lived if he had been born ImprIs
onmeni for lie is regarded by ALL exceedingly severe
punlshncni there many who deem appropriate one
Tor the murdeer but in this casc blood has been shed;
curiosity might therefore, be Justly excused for wishing 10
know the particulars of this case What was the nance
tas The defendant had fair and Impartial Trial "ha'
were the reasons for inicng this heavy pcnaly some
times in The best regulated societies. the population under
mo!enary irritation, caused by the commission o! IN aR-
gravae offence melted Of unnecessary severity;
but subsequent sober reflection founded upon justice and n
many, though lardy fails the rescue con-
scquenly review OF such this is if wclne a.
ways beneficial Our code of criminal Jurisprudence secures
for at least pupots secure every one The West
assassin fair ra-an iuparu lury-a learned and dsas-
s"nate Judge; and the people ultimate Judges whether
the accused has had the benefit these wise puvsinns-
Pennsylvania has been long and ar-iamed for The midhes
o her criminal laws; but The presses Of OF our SISTER
States have stamped this the word "iT"s'"t
Have they been authorized in doing, have judicial
iunctionues been sandered? These grave questions
which nothing but candid review OF the facts wanting
TO enable US to If aggravated crime as been
committed il the defendant has had fair trial. he mas
been properly convicted and his sentence has founded
upon law and tempered with mercy, only he, aut the
public must be sasfcd-ior the law be supreme; but
should appear that any of these prerequisites were wanting,
something must be done for in this of light and rrasn
il will never DO admit that the peoples power make
the laws is uncontrolled and yet that wrong exists without
u remedy
i JAMES S. MITCHELL. citizen of Maryland, and resident
OF Cecil county, was the of slave, aged
about 23 years. named Bcscy Galloway, afterwards called
Calhane Thompson. She ran away from him in the year
ls45, in company with Peregrine Berry, alias William
Thompson, negro who lived the next plantation 10
Mitchell and within half mile Of his residence lhls ne
gro knew Mr. Mitchell, and well acquainted with BET
scy and cocnzanl of her being slave She left behna r
husband and two children, and he wife. They weh 10
Burlington county, New Jersey, where child wa born OF
the said Brtsey, who called Joel Henry lhomps'n
On the l7th of December l5l Mitchell made power oi
attorney 10 George F. Aberi. authorizing him oappcnena
the said slave Betscy and deliver her 10 The Iaif VI Cr'
county, Maryland This power duly executed ana ac-
know edsed before Justice of the Peace State Of
Mor UrnH I'm Tho nj
this slave in Philadelphia; William Allen. Esquire: one , ol
the Aldermen Of the County Of Philadelphia, and sx"ico
Justice of the Peuce heard the case; several witnesses were
examined who proved her Identity and that she was te
slave of Mitchell and she voluntarily and fully admitted
that she Milchers slave and had run away iron hh
and the State of Mayland whcreupon the Alderman gave
| the usual certificate.
The arrest made openly, in the day timc and Hugh
w Tener respectable member of the Philadelphia Bar at
tended ns counsel for The claimant at the instance his
1 agent Aber The slave Betsy requested Mr. g. T. Pnce,
merchant Bank street. Philadelphia, be sent for which
done, and he and Betsy had conversation IN private
When arrested, Betsy had with her the above nad !oe'
who then about year and seven months oi-aV-
ing been born The 10th Of January 1872 lie was S& =" 'e IL
summer complaint and still at the breast. A!je' IN
presence of the counsel and Aderman requested e saa
Betsy leave the child behind and assured her hht nc
would have it taken OF and returned Is Lhtr Tie
Alderman ALSO gave her the advice and assurance;
but she positively refused and insisted upon taking the c
with her The Said slave was then conveyed 10 EiNon a
and delivered MITCHELL who did not enter INC STATE "l
Pennsy Abert did not touch The child was car
rcd by It's mother Mitchell has never been requested 10
child ever Claimed II o"t
he has allowed il 10 remain with its mother.
On the 23d of September, S5U warrant was lsSuch oy
Mr. Alderman White OF Philadelphia, against Fsby Price,
for kidnapping Joe and on the ID Of October in Ine sae
year. he recognized The same Alderman a'
the instance Of the said Percgrne Berry. alias william,
Thompson and his counsel David Paul Brown ESQ ISSUED
n against iiberI charging him with khHapins il
said child Joel Thompson hcarng took place 90 hc st
January 1851 when VIM S. Pierce VIM Sergeant ard David
Webster Esqs appeared for the DAVID rau'
Brown, Esq., being otherwise engaged, ana Eei'e ne DS'
trict Attorney his deputy aendinED 6rncra H. liho-
bell appeared for the defence. William Thompson and h"S
Rchai isOn convict examined for the Commonwealth
and Abe bound for trial in $4,000 the Court Of
Oyer and Terniner and Quarter Sessions then sitting.
This did include Mitchell, aud 10 h"orng or
| binding Of him ever took place
On the very next day bill OF indictment was ornd ~
the Grand Jury containing nine counts charging the dcit nd
with raudueny enlcing and with orrhy iak,ns and
carrying away male negro child, named Joel H. lhoni
son. OF the State with intent 10 sell him in slavery ana
with conspring ence, and with force 10 take him ont of
the State, 10 be sold In slavery.
To this indictment Price and Albe pleaded not guilty
Mitchell was not araigncd, nor did he plead
The trial took place the 3sh o February, 1881 before A.
Parsons ESQ., d. Webster, w s Pierce and David Paul
Brown, Esqs for The prosecution t'!e Diy'Tls Is h,S,nsy ]
Jr., and FL Hubbell for the defence
Mr. Webster, in his opening said lha, this was a case
well calculated to rouse the feelings OF the ry'hat the
defendants had consped 10 abduct the but nc grant
ed at she Mtches slars and The injury complained Of
was the taking away, by force or fraud the child who
Free according TO the decision OF Commonwealth rs Hoo
way, Seret and Rawle, sos; that it would be pretended
that the child young TO be separated from the mo!
err whose care it required, and that she desired t. have it
with her.
William Thompson then sworn and said that Joel
his child born in Burlington county. New Jersey. That j.
F. Price his house about the 18Th Of August and in
viled the mother Philadelphia, which she did
about the 5ih taking the child with her. since which he has
seen neither OF them That he hc wilncss free
man, in Delaware State; that he married 10 Bsry in
ls45 in Wilmington, Delaware by Andrew Mcintyre
white y that hc had known Bccy year before
that tnic hut he thought ha, she service
that she told him she eave that they moved
New Jersey in week after The marriage and had had two
; children there, OF which Joel was the youngest.
Thomas Richardson was called and Objected By defend
ants counsel, incompetent having been twice convicted
of larceny.
Judge Parsons.-"produco the record"
Mr. Lehman''rhc clerk has gone into the Office for it,
and will be here mncLiatcy g."
Judge Parsnns."Wc cannot wait il your business
TO have the record ready, here, in Court. Swear wit
ness"
/ Mr. Lchman-':Wc cndeavored to do go and spoke 10
the clerk he did for the iii this moment
Judge Parsons.-fou should have had exenpIiicntiuns
| we cannot wait Swear the witness"
/ During this cooquy the record brought into Court by
the clerk and put in evidence by the defendants aor
/ nev.
Richardson had the 18th day of October, 1885 in this
Court been convicted Of larceny in stealing The goods of
John M pug value s25 and been sentenced years
and nine months Imprisonment al hard Labor in the Eastern
/ Penenary of Pennsy ylvania. He also in March,
S47 convicted Of larceny and sentenced 10 fifteen months
It hard labor.
| The counsel for the Commonwealth then produced two
oardons granted by His Excelcncy Governor of Penn
syvania the last dated the 9th Of February 1851 The day
previous TO this trial.
Richardson then sworn and testified that he drove
The carriage in which etsey and Joel were conveyed
Ekton; that the mother carried the child in her arms He
vas also allowed that A0er has him that he
mad used violence the person of the slave Bcrscy.
number of females who resided in the vicinity of J. f.
PRICES house, testified TO having B4sey and Joel
| Prices house during the month Of August.
The innkeepers Marcus Hook and Harcs Corner near
Wilmington testified the carriage with Alberti Richard
| th,,r nd
l The Commonwealth here rested their case
i The defence opened by Mr. See who narrated the
facts
Hugh w Tener sworn proved that he was an At
orney OF the Court that he advised Albert, as 10 the
pursue and that far Betsey wou! permit him. that
he Aber acted he advised That he told AIbcrti
hat the of Pennsy vania would most probably hold
the child TO be free, and advised HIM leave it behind
Judge Parsons said that he would permit the witness
testify what his advice tnAberi The witness further
stated, that the woman Bescy voluntarily and fully
knuwledaed that she was the slave of Mcc and that
one touched the child bn the mother she was repeat
edy requested by both Aber and the Alderman leave
the child behind but that she constantly and unhestatnay
refused to do