Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1852-11-13

liz the defendant connected with any society or as
socaton for the purpose of assisting ugtyes from other
States escape from their masters and in pursuance OF
such scheme afforded this shelter and protection to the
fugitive in question: be would be legally liable to the
penalty Of this act however much his conscience or that
Of his associates might approve OF his conduct.
The difference between the action for the penalty and
the action on the case is this The defendants might be
liable for the penalty, if they illegally harbored and con-
cealed the fugtves though the master may have
afterwards reclaimed them.
But in an action on the case for damages, the plaintiff
show that the slaves were lost to him through the
illegal interference of the defendants or that other
apprecable loss, injury, damage was suffered by him
in consequence thereof In the first he would re-
cover the whole value Of the slaves damages in the
latter only the amount of actual damage which he
shows he has suffered.
in order reclaim them he cannot complain that those
who merely harbored them after their escape have
injured him. unless he connect such persons with the
original escape of the slaves and show that they seduced
the slaves and helped them to escape the possession
of their master If the master had entirely abandoned
the pursuit Of his slaves and given all attempts TO
claim them before interiere9ce OF te oslendahts' .e
whole value Of the slaves could hardly be claimed as the
of his damages their loss could not be then
imputed to their harb0ring
But if the his agent pursuing the fugitves
for the purpose Of recamaton should trace them to the
premises Of certain individual and could trace them no
further because they had been harbored and concealed
and carried away secretly by night, and delivered to
another who continued the process and the pursuit
/
duas thus interfering could be suffered to aege that has
interference did not the loss of the fugve or that
their value not proper measure OF damages IN an
action for such harboring If number OF persons COM
bne together to commit trespasss or wrong, they are
liable damages the extent of the whole injury. The
injured party may Judgment for the whole damage
against each and elect de ecoribus doBs as he can
have but one compensation. And where number OF per-
sons are sued for joint respass tort and the plaintiff
prove any of them to be guilty. the jury may find
the others not guilty and assess the whole damages
against that one though many Others known or un-
known may have combined with that one to do the act
and have not been sued Although the plaintiff re-
cover but satisfaction the damages are indiysibe
and each joint trespasser is liable for the whole.
1t will be for YOU gentlemen of the jury to apply these
principles the facts Of the before you The eyi-
dence is very contradictory. In some cases testimony
apparently conflicting may be reconciled without npu-
ting corrupt perjury to either side 1t would be difficult
perhaps for the most enlarged charity to do SO in this
case The whole has been argued before you with
very great ability by the learned counsel and you
the sole judges of the facts the Court do not think it
necessary to make any remarks upon them.
If in your judgment the hypothesis of the defendants
counsel is supported by the evidences if Mr. Breckbil was
merely spectator without COUNSEL interference,
sstance if Mr. Weakey did not participate in the trans
action ALL you should find them not guilty If you
believe aso that Kaufman did not assist in harboring
secretng deporng the slaves but merely fed them
out Of charity and suffered them to rest for few hours
in his barn; that they brought there without his
knowledge, consent, appreciation, and taken away
without his assistance any act Of his to enable them
to eude the pursuit of their TO further their
escape your verdict should be in his favor also.
If the contrary you find the hypothesis Of the plain
ts counsel to be the true If from the facts IN
evidence you believe that certain persons in the region
the country where the defendants reside and including
them, any of them known persons willing to
assist fugves escape that for this they
brought to the premises of Kaufman by some person,
known unknown, who assisting the slaves to es-
cape II they by him. harbored and secreted
in his barn. then taken away by him by his agents
after night in order assist them 70 escape and
eude pursuits if the slaves thus transferred by
him, with the counenance, COUNSEL and assistance OF
Breckbi to the barn Of Stephen Weakley if Weakley
kent them secret in his barn. and removed them the
following night to places unknown, and the pursuit of
the owners Of the slaves thus baed you should find
for the plaintiffs the full value of the slaves in damages
against all the defendants such Of them as you be-
eve from the evidence to have had active parucpa-
ton in the offence.
In fne the burden of proof is the plaintiffs, and,
in order to support their action, you must find from the
evidence
l. That the plaintiffs were owners Of the slaves named
and described in the declaration.
2 That those slaves escaped from the State of Mary
land
g. That they pursued by the agent Of the owners
for the purpose of reclaiming them.
A. That the defendants, Of them knowing
them be fugitives harbored and concealed them in
order further their escape and enable them to elude
pursuit
g. And it, in consequence Of such harborng the slaves
did escape and lost to their owners you should find
the value of the slaves damages with interest if you
see ft
You will suffer no prejudice TO operate your minds
in favor against either Of the parties account of
any peculiar notions either you they may entertain
the subject Of slavery. You to render true
verdict In order to do this il be according TO the
law Of the land rendering equal and exact sc to both
parties.