New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-10-13
THE wuKEsBARRE SLAVE CASE.

PHILADELPHIA Wednesday, Oct y, ls5o.
7 : CIEcuIr CoUKT-Judge Grer-hax"eh ",
Rber p, al The eiecment case which has been on 'el
t,tn.' Al dsvs was again resumed this morning.
goI,os CoTpus-The of the Deputy Marshals Jen'
tbs ard Crossen charged with an assault and battery &C
upon tie alleged fugitive VIM Ihoinas ~ "nAssOaiIe'
was called W IBIS morning .a..to
Mr Ashmeed introduced the matter oy saying MAJ ne
was here reyTesenng these defendsnts by auin9r, rom
he Secretary II the Interior and that he would object to
tbe irterosion of any persons who are outside the case
who do not eppesr by authority from the Governor o. me
State the Attorney General He thereiore ss1el sne
gentlemen upon the other Hde 10 sta'e "Hoi ie' 'oio
serted or by what authority
Mr. Brown reulied that be would answer that at the
,or.r time stating that the had already been com
I'D he time for objections Of this kind had passed
Mr. Afmead insisted upon statement before the case
preceded. I'll, ,.;.;. .o ,rss
tion and must be answered No private prosecutors can
be heard in this but any representative mus DC mere
by authority from the Governor OF Attorney venerai
Mr. Brown said that Mr.. Jackson and himself were mere
rresetin the respondent the writ OF habeas corpus
and said do understand your honor TO sag Ins' uh ~
Rave authority from the Governor OF the STATE or me Al
,r,nev General wehave no standing in this matter
Judge Grier replied in the affirmative . ,
Mr. Jackson sad that he in cor junction WIN t nS Own
had been retained by Mr.: Cholot the Constable from
Nikesbene, TO answer 10 the Wit
Judge GTer saidAnd far you have done your duty
after tie return the writ the consabe = no more IMAM
private citizen and consequently cannot employ counsel 70
Sir Brown-Wil your honor then hear as to your
right 70 issue the habeas corpus
Judge (irier-We have heard you already upon that
question. and viii not now be questioned.
Mr.. Ashmeed then produced the warran issueu U! III
Inqrsbam by which VIM. Thomas was arrested O.,
Mr. Ingraham and tcstined that mat was MS
warrant and issued upon oath duly made before him
Judge Gror said that he also recognized his own name
M" Mr. A. bmead-Now ask for the discharge of the de
PENDANTS. .1,,
authority from the Marshal
The Marhal was then sworn and testified that he hal
received the writ and had placed it in the hands 3I his
deputies John jenkins James Crossen and George "yn
koop with instructions to go to Wkesbarre where be was
informed the alleged fugitive was and make the arrest as
therein required. ,.,
der the state Of facts exhibited they are entitled to their
Mr. Asbmead said. that IT appeared to him that
not necessary TO go beyond this point that he had album
dsni testimony but 10 il would be work OF surerero
CATION The presumption of law is that party executing
warrant does il properly and If There any excess OF
authority il must lie prov ed by the other side Therefore
/ move Tor the discharge of the defendants -
George Wynkoop wes sworn1he was one oi 'n1 p %e'
viousy TO swearing him, M Ashmeed otered that the
counsel on the other side shond embrace him in the pet
ton and consider him under arrest This they refused
to do
Mr. Brown objected to Mr.. Wynkoop being witness.
nssmuch as he was defendant named in the warrant.
The objection was overruled, and Mr. w testified that
he in company with James Crossen and John Jenkins,
took the warrant Wilkesbarre, as directed by the
MaTshal Tie negro pointed out to them by the agent
Of the claimant They proceeded to make the arrest when
fork and knives and wounded Nh jenkins upon the
herd He then made his escape to the ryer ana we came
10 tLe conclusion that could not take him alive and not
wishing TO Kin him, we came away.
Mr. Jackson asked that the affidavit taken before the
Magistrate at Wilkesbarre which the warrant was
founded might be filed in Court so that 1t might appear on
record in proceedings certora should be desired
This was objected that it not the practice vi the
United States nor of the state Of Pennsylvania. :.
Mr. Ashmead again asked that the defendants be dis
charged
Judge Ger said that he would write out his opinion and
deliver it on Saturday morning next