Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1853-08-27
THE FIRST CASE In OHIO.


ton. The Kentucky stakeholder Miller, called up
on the United States government to catch his man.
Prompt in response, her agents good fellows,
well met, pounccd upon the poor victim in yelping
concert, like bood-hounds as they arc, from the
Kentucky cut-throots who guarded him, to Judge
MLcan, who assigned him over to their tender
mcrccs Here is tho account Of it, which copy
from the Columbian.
CINCINNATI, August 10Th, 1858.
l.. l.. RICE, Esq.
Dear Sir:-Thc people of Cincinnati have
had an opportunity presented them of witnessing
the operation of the Fugitive Slave Law. col
orcd man residing in this State near Pqua, for
nearly four years, and having u wife still living
there, arrested on the information of an ndi-
vidual calling himself man, named JOHN ROssc, |
residing about three miles from Piqua, who, for
the hundred dollars reward, wrote letter to tic
claimant of the fugitive Ceit Miller, of Washing
ton county, Nv, thut man was living in his vi
cinity, VINO he supposed might he his property;
giving description of the chatcl, who in Pigua
Is known free coorcd man, named George Nc
Quarry.
| Upon this, Capt. Miller. his son. and two other
young men. his alleged neghbors. leave Kentucky
and proceed to the place indicated in the letter
arrived ut which the Deputy Marshal Capt. Millcrs
son, and one of the young men, so in search of the
fugitive, whom they find at work. and, UHhOW any
rdrrdW crH on authority chdterc,, seize and
strongly hand-cuf the unfortunate man., place him
in buggy and drive off. During this transaction.
the claimant it appears, kept out of sight fearing
if he should be seen that the game might bc started.
/ At Dayton the alleged fugitive was taken upon
writ Of llabcas Corpus before of the State
Courts. the Judge Of which decided that he had no
authority to act in the case, and ordered the release
of the prisoner: this however, was not complied
with.
/ The ihan was again taken by the Deputy Mar
in lint tpr
brought to this city 10y the evening train Of cars
from DAYTON. On arriving here, an omnibus was
expressly chartered for conveying the fugitive and
his Kidnapping gang to the "Gault House" (t be-
ing rumorcd that they were refused admlttancc nt
more respectable hotpls) Here the PARTY rested
C,r the night, but not until arrangements were
made with Commissioner Carpenter to have a hear
ing of the case before him Mt o'clock the next
morning.
! Meantime, u number Of Free Democrats had as
scmblrd for the purpose of giving thH fugitive his
freedom. If possible or ut least rs fair trial Ms
the law might allow. Application was made at the
dwellings of Judges Stallo, Woodruff, and Carter
for the purpose of obtaining writ of lIabcas Cor
pus when it was asccrtdncd that all these gentle
men had gone travelling, and expected to he absent
from the city time: that not Il single Judge
having the power to grant the writ could he found.
\ At a late hour of the night few colorcl men
drove out to the residence Of Chief Justice Mclean
nearly four miles from the city. and obtained from
him the desired writ, with an order to the Deputy
Marshal to bring the fugitive before him for trial
at II o'clock the next morning.
At hnli-past seven o'clock the next day, the
trembling man was taken from the Gault House
down to Commissioner Carpenters ofce-marcl-
ing through the most public streets cf the city in
heavy irons and strongly guarded 10y two L. $.
Deputy MGrshala, half dozen Constablcs, and
eight or ten muscular Kcntuckians.
When arrived at the Commissioners Office, hc
ordered the irons to be removed rs it looked in-
consistent to try case whcrc freedom was involved,
whilst the prisoner remained strongly bound
John Jolliilc. Esq, appeared as counsel for the
fugitive; the claimant feeling confident OF favor
able decision, thought it unnecessary to procure
any, After some dclibcraton the Commissioner
agreed to withhold any action in the mutter. and
allow the case to 60 before Chi"e Justice Mclean
the fugitive was rcmanded 90 our county iail until
II o'clock at which time he was again brought out
for trial. the Court Icing opened the Chief JUS
ticc briefly stated how he had issued the writ on the
the application of colorcd man. who. near the
hour of midnight, called upon him for that purpose
he had also understood that Commissioner Carpcn-
ter had withheld action in tie matter, 50 that he
was now ready to hear the case in the usual man
ncr.
The trial was held in the Criminal Court Room.
capable Of holding about 500 persons: the attcn-
dnncc wds large increasing ~ the casc progressed,
Henry Ware ESD young lawyer appeared ON
behalf oi the claimant. James Il. Birncv; Esq,
Mr.. Jolie's colleague asked for postpontmtnt
of the case, that their client might be able to pro-
cure witnesses 10y which he expected TO prove that
he has long been known and regarded ~ free man
and orderly citizen. This the Court refused and
the claimants first witness was called. This was
Capt. Mer's son, who stated that the Joy's name
was Wash that he had known him MS long as lac
could remember anything; they had played togeth-
cr when hoys' knew his mother very we'll, who was
9 also the slave of his father &C., &c.
4 The two young men, ncighhOrs of Capt. Miller
tn Ii4 iIpniitv and thnir oil ,r =.
being Capt. Millers slave; had seen him among the
other slaves of Capt. Millcrs; also knew his mother
c and brother, who also the property of Miller
c The Deputy Marshas were next called; the sub
stance of their evidence that, through ignor
anee, the poor fugitive had by kind promises been
induced ocoHt teSs. They then mdgadnimousiy gave
these con teSsDns in evidence against him. Oh
' manhood where is thy blush? Oh! my country
where is thy shame?
l. The evidence being finished Mr.. JolifTct
opened for the defendant in an able and eloquent
= manner; after speaking some time, he begged per
j mission of the Court (t being very warm) to ALLOW
his friend Dr. Brisbanc TO continue the argument
The court consented, whtrcupon DIR. Brisbane arose
If and from written manuscript delivered an extended
and powerful argument upon the unconstitutonalit,
OF the Fugitive Slave Law OflS50. lie was listened
to by the Court and audience with Gloss attention fo
q nearly an hour and ahalf when Mr. Joliie again nd
dressed ehi in stirring appeal for the fugitiveanC
v closed about o'clock.
The Chief Justice suggested, as the hour was lat,
and he some distance from home, that the court nd
p ioun until 10 o'clock the following morninC
e which was accordingly done.
The next day. mt ten, the court room was crowde,
c and great excitement betrayed by the colored par
n of the assembly, to what would be the result O
!! the trial James B. Birney, ESD after the cour
was called to order, presented brief statement o
the case as fur as ii had progressed reviewed tn
u testimony, which he pronounced as lacking tn
necessary proof that the man claimed as the slav
of Capt Miller, was not shown to be lie STARE. bu
only that he was generally so considered in Can't
Mler's neighborhood. Iic also alluded to the fact
4. that although the claimant had been present il
court during the whole trial, he had not been callc
C to the witness stand to testify to his owRershp
the fugitive, which the law allows him to do, an,
,r Indirectly requires
n The defence being closed, Mr.. Ware a,klressc
If the court for short time. "lle was law abidn
y ritilrn.u thn hmm. M hilrhnr L.. H. L.