The Hillsdale standard. [volume] (Hillsdale, Mich.) 1851-1909, 1851-11-04
syracuse Rescue Cnse.

participation IN the rescue 0f "Jerry" was clos
ed n, Saiurd,y. We learn from tie Syracuse
Journal that the Judge held he matter under
consideration until Monday morning. AZ which
time the parties and heir counsel appeared IL
Cm'r House. A large number of spectators.
G@niIemen and L,dIes from Aubu'n. Syracuse
aud The vciniIy were present. Tee Jour. say>
Judge coSKL,Ny, on taking his seal, an.
nounced that he was ready 10 decide npon al
rhe cases which had been bespre him on 'ht
exsminarion which closed o, Saturday. There
were hef,te hun, The several cases of Ira H
Cnbh, M,ses Summers. Stephen Porre,. James
d wis, William L Ssln,nn. Harrison Allen
William Thompson, and Prince Jackson. t.
prevent misappreiension, as 10 what he should
say, he had ihopcht best to communicate his
decslon and remarks in writing.
The Judge then 'eaa the following Decision
and Commentary:
JUDGE c,NKLrNas DECISION.
The specific charge IN which the p,isonerl
have severally been arrested aud been brought
bef"re me fnr examination, is that Of having
nniawiuliy aided 10 the escape of an aledge
fugitive from tabor aficr he had been apprehen.
ded, and while he was yet in custody. in vi,iue
Of warrant issued in a proceeding f,r hls res
toraIinn 10 ;he possession Of the per.on. ciii
zen of The State Of Missouri. to whom il was
sIedged his labor was due, In proceeding
nov, il IS my duty 10 d., 10 decide upon 'hr
legal effect he evidence before me. il is prop
er 10 premise that there is ~" testimony tend
Ing 10 flx upno the defendants ,he guilt of any
higher offence than thai just mentioned. This
indeed understand Ia he iaculy conceded To
by the Attorney Of the Unired S,a,et There
is no evidence of previous combination and ar
ming Tor ths purpose ot .'iev, ing war against
he Unued States" nor dnes u appear thai the
drteod mt aud their associates 81 any object in
view beyond Ihar Of defeating ne execu'ior Of
The Iss in n particular instance. These are
therefore To be considered aad treated ~ cases
arising under the seventh sectioe uf The ACT
"( Sept. lSh. 1850. ch. 60, eoiiil-d "an act to
amend, aud supplementary In the act entitled
'an ACT respecting FuGiIives ito'n Justice, ADD
persons escaping from, their Masiers. approved
FrbsusrY l2,h. I793,'" The section referred
90 il in the following wards:
Sec. 2. find be i. further enacted. That any
person who shall knowingly or willingly OBJ
strucI, or prevent such claiinenr. his agent or
attorney. or any person ar persons lawfully as
sisting him. her, or them, for arresiing such a
fugitive from service or labor. either with or
without process, as aforesaid: or shalt rescue,
o, attempt To rescue s0ch fugitive from service
81 labor from the cusr"dy OF such claimant. his
or her agent or attorney, or other person or per
sons lawfully ass sting as aforesaid when arrest
ed. PURSUANT 10 the authority herein given and
declared; 90 shall aid sbei, or assist such per
son So owirg service or labor rs fhresaid iii
rectly or indirectly 10 rescue ir"m such claim
ant. his agent or attorney, or other person or
."-"~"A iesailS nnth"'iysd az af.rsaid. or shall
harbur and conceal such fugitive, so rs 10 pre-
venl lie discovery and arrest otsuch pe,son.
after notice or wledgc of The fact that such
I.at fKnt, tann
aforesaid, shalt. Tor either oi he said offences,
he subject to a fine not exceeding one th"u
sand dullars. and Imprisonment not exceed
ing six mnnlhs by indictment and conviction
befme the District Court of the United States
f,r the district ia which suc ch offence may haze
been coinniitied, or before the proper court o
| criminal Jurisprudence, T c"minr'rd within
any one of the organized Territories of the
United States; aud shall moreover, inrfeit and
pay by way pf civil damages Ia the party iujnr-
e bv such Illegal conduct. The sun OF one
thousand dollars fr each fugiilve 80 losr, ~,
afhrJssid, TO he recovered by action for debt
in any ol the d,>t,ict or 'eiriiora courts afore
said. within whose jurisdiction the said offence
may have bcep COMMITTED.
| The accusation il. thar the defendants. in di
rect contraven'ios of The aci, on the frst of
Oct"brr instant, d d., at The city oi Syracuse
''rd. abe, aud assist The fugitive o escape from
the custody of Mr. Allen. the Deputy Marsha
by whom he had been app, ehended
| The driendeni are now on trial tor the pur-
pnse Of determining whether they are 10 b,
subjected To punishment. This is bnt p,e.
| ltninary inquiry, tn ascertain whether the,
ough, 10 he held TO bail, OF in default iherei"
committed 10 prison, for the purpose Of secur
! ing their presence at the next stated session %
the District Court, TO answer further in even
OF their being indicted by Grand Jury; and i
| is seIiled principle Of law. that, f'r this puf
pose. prin,d fdcie evidence Of guilt is sufficient
Al The cose of the examination. on Saiurda,
afternoon although saw no grodnd far serious
doubt concerning my duty in the prem'se'
| with respect to either of the defendants,
deemed IL proper nevertheless IN hold advise
ment until this morning. A careful considera
tIon Of an the evidences has confirmed my
original impressions oi ca,ire sudicieucy 10 -
tablIsh the guilt If eiihrr of the defendants &"
the purposes a. least Of this inquiry. Indeed.
wrh the exception, ~ most, of Stephen Porier
their culpibilny is placed beyond reas'na biz
doubt. The only witness against him Is Paig'
Newton, an intelligent aud apparently homes
aud tus worthy man, and Of whose evidence
1t can al most only be said. that the cry whicl
IL impuies Ia Po',er, may possibly have bee
altered by ano,hrr; while on The other haod !
appears very highly probable, Itom f"rier
previous language aud conduct. no, Only tha
The witness is DOT mistaken in this particular
hut that Porrer's interference was not Iimi,e
10 single cry. designed TO urge on the mor
active ass,ilan,s.
The proceedings on the par, both Of 'h
Commissioner and of he Deputy Marsha
appear 10 have been en;reiy rcguIs,. The ia
giIive was lawfully restrained Of his liberty b
due process of law. and all interference b
these persons, by act or wo'ds. Tor the pn'pos
of iavo'ing his escape aud tending to thai resu
is \ violaion of the act. rendering the offende
, amenabe to It's penalties. The interference {
he defendants. and of their numerous cnad
Jurors, who have not been identified was dhe'
psIpable aud uncqoivocal Its m uive--f ~
in any instance openly avowed, was 10 obvio'
{ 90 admit Of doubt. II was adap,ed to the u'
{ lawful end 10 view. and terminated in It's accom-
pljshment Nv duty towards the defeoian