The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1852-08-13

Road street, bstween va ana go streess snu sAo
,a,, under the charge Of Robert Lumpkin, for the
nsr.on, of five slaves, whom he alleged had been
abducted from their lawful owner, Mrs Lindmira
w Burke, of Rappshannock county, on the ID
| mat The names of the missing blacks were Jo-
.eoh. Sally, Lorenzo, Eliza, and Emily Jane |; also,
| for two other slaves named Theophilus and VIII
liam the same family, whom he alleged belonged
| 10 him The premises of Messrs Turpin e. Var.
broueh were searched by officer Tyler, Trueheart
and johnson, without success, on Wednesday.
| The Jail of Mr.. K. Lumpkin was next searched
and one of the negroes claimed by Mr.. Burk The.
ophilus and the tive negroes alleged to belong to
Mrs l.. w. Burk were found and conveyed to the
cage. Mr.. R. Lumpkin was then required to give
$1,000 security for his appearances at the Mayors
Court yesterday to answer the charge of receiving
the alleged stolen negroes. or, in other words, Of
being accessory to felony.
| Yesterday the came up before the Mayor
| Mr.. Cannon for the complainant; Messrs. Crump
| and Watkins for the defendant.
| Al the opening of the case, Mr. Crump stated
| that in behalf of Mr.. Lumpkin and ia order to
short the trial, they ready to admit that the
principal facts set forth in the warrants, that the
slaves were the property OF others than those
| " know before the examination was proceeded
| with, whe Ter MIR. r. Lumpkin, who had been
rested, was specifically charged with the commits
| sion of felony in other words, with knowing
| that they were such abducted slaves
| On that charge, though indirectly made, Mr.. L.
| had been arrested and held to ball. and he de-
| sirous-as he could prove his innocence of the
| charge-of obtaining specific admission, by which
he could make the complainant responsible at law
for the trespass upon his L.') character. The
defendant in this desired the prosecution TO
proceed and substantiate their charge of felony
If the warrant had been issued merely in search of
abducted property, aud arrest or specific charge
| made, the case would have been different.
Mr.. Cannon, in behalf of the prosecution, stated
that he desired full investigation Of the facts in
| the case and would admit nothing.
After some further argument besween counsel
the literal examination proceeded, it being, as we
| think, understood that the charge of felony
admitted By the prosecution for the purpose CT se.
curing the objecr at which be aimed in his prose.
| c Ition.
| John w. Burk was then sworn, and deposei n
substance "a follows Mrs L. W. Burk owned
seven negroes before her marriage with George
| Spring last By the marrgage contract those re
| groes secured to her her own property, to
| do wit as she saw it, either to sell or give them
| away. That contract is filed i'll her county, and
have read it several times SINE weeks since
| bong hit two of these negroes oj Mrs L. w. Burke,
named Theophilus and William, and aged betwe
nine and ten years, for the sum of five hundred and
| fifty dollars, (S550) Mrs b. stated that she had 10
| pay some debts contracted before her marriage
and could only pay them out of her own pr perty
| in these negroes, This was a small price for IL
negroes il is true, but it was all that could afford
| to give; and Mrs B, rather than sell them to the
| negro traders took my money. (Mr Burk here
produced bill Of sale recelpted by Mrs B. for the
| Eegroes) My vile, who is the niece of Mrs Burke
was a visit TO her aunt's, and she to have
| brought them home with her when she returned to
Culpepper county, about the middle of this month
| Some days since -eter came to me from Kappa
hammock county, stating that my two negroes and
the other five negroes had been taken from Mrs BIS
house no the night Of the Sd inst. | delayed
taxing the negroes | bought, as Mrs. Burk
wished to clothe themproperly and then send
them home with my wife AS socn as heard
the negroes were missing, / proceeded to Mrs
|
there several days after the neg oes had disappear
ed. saw MIR Burk, aud he told me that as 1 had
bought the two negroes Tor less than their val, e
he had determined that should not have them at
| all; and that they had gone where could not get
Il EN-. He said nothing further, and believe he
| was Instrumental in getting them away from Mrs
| Burk.
| then heard on enquir! from Mr.. Colvin that
the. negroes were here in Lumpkins Jail, and de.
termined 10 come here and claim hem. | obtained
some legal advice, and then procured search war
rants, in order that, if possible, might procure
my property.
did not make any charge Of felony against any
person, but simply asked the aid of the police to
ind the iugitves. came here, procured the scar ch
warrants, and on yesterday found one of my boys
Theophilus, and Mrs. Burk 8 i've negroes, in Lump
kns jail My other boy, William, learn has been
sold at public auction. Mrs B. has given me 10
authority to claim her slaves. In identifying one
of mine, identity the five belonging to her. | do
not know the circumstances under which the, 9
negroes were taken, and can only surmse. Ifoui
Mrs B. sick in bed when went to Rappahannock
county, on account OF the loss OF these slaves her
property Mr.. b. kept her in the house while
was there. believe that Burk sold them off
Witness here closed his testimony
Messrs. Crump and Watkins then, by Mr. Davis,
proved that the seven negroes had been sold at a
| public auction by Davis d Puam for Fielding
Peyton, responsible gentleman. Receipts were
also exhibited proving that Messrs Barr g. Brad.
ford bought Mrs BIS five negroes for $500; also,
that Turpn Il Yarbrough bought Theophus No
account given of William, the missing on; I.
| Thasa had Of ehasa "A
to Lum ykin's Jail for:sae keeping.
The Mayor, as m atter. of course, honorably &C
quilted Mr.. Lumpkin OF any charge OF wrong doing
| in the matter.
After argument by counsel, in which the counsel
for the defendan Mt conte ed that the only legal
mode of redress for the complainant was by an in
junction action for trespass--the Mayor de-
cidcd that as there was testimony before him to