The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-10-07
The Wilkesbarre Slave Case.
UYIvm STATES CIRCUIr C0URT-BEPsRE JUDGE


Thomas an alleged fugitive slave with intent to kill
him The warrant issued by magistrate of Wilkes
Borough and was served the Deputies Marshal by the
high constable Of Wkesbare The warrant also includes
the name of George Wynkoop upon whom 1t has not
Mr. Jackson, for the hgs Constable Of wlkesbarrs,
read his to the court in which he admits that he
held the Deputies Marshal custody but alleged that he
did SO by legal authority having arrested them on war
rant issued by Gilbert Burrows, magistrate OF Wilkes
barre, on the action Of VIM O. Gdersleeye Citizen OF
Judge Grier (sternly)-who is VIM. c. Gildersleeve'
Marshal Wynkoop-Your honor, he is an aboltonist OF
Mr. Jacksonville is a respectable storekeeper of that
borough.
Judge Grier-Was the assault and battery committed
ON him2
District Attorney Ashme ad-No sir; he does not al
Judge Grer-oh oh
District Attorney Ashmead said he would now read the
petition for the habeas corpus The petition forth
the facts OF the case from the moment the claim laid
before u s. Commissioner Ingraham up the arrest of
s fugitive and the service Of the warrant the present
occasion.
Mr.. Ashmead read from the 4th vol of statutes Mt
large, act of March 9Th, 1853 which gives to United
states Judge the poles to discharge on habeas corpus
therefore asked that the defendants be- discharged
Mr.. Jackson reped-Ie said that the law did not au.
taorze the officers to execute their process in riotous
Judge GrerI shall take the facts set forth in the pc.
ton to be true unless the other side wish to offer tss
hmony.
MIR. Jackson then went to argue that the act Of
Congress had no reference to acts committed against the
laws OF State could the United States interfere to
prevent the execution of the laws of State He asked
that the defendants be remanded 10 take their trial or be
required to give bail.
ID. r. Brown followed on the same side He said that
NE question was very simple one and he felt pleasure
IN approaching it. The duties of the United States and
confidence should be exhibited There was little or no
sonfc, in the which could not be easily reconciled
Judge GrerI take it for granted that the facts set forth
In the petite true, and shall rely upon them
less they are shown to be false.
Mr. Brown-We rely upon the warrant Of the magis-
trate, issue upon the oath of citizen.
Judge Grisrf you deny what Is Set forth in the petit
ton will hear the facts in the i'll have the
officers Of the United States harrasse at every step In
the performance Of their duties by every petty magis
trate who chooses to harrass them, by any unpruc
pied inerloper who chooses to make complaints against
them, for know something Of the who makes this
complaint The laws of the United States binding
upon me- and will not take the warrant issued in this
case sufficient to hold these officers.
Mr. Brown-Your Honor will perceive that If murder
had been committed We could not prosecute in United
States court for it.
Judge Grier-There has been no murder committed
here. Ihsy were acting under process of the United
States, legally issued
District Attorney Ashmead said the case was free from
difficulty. He called upon the Court to vndicate the
laws of the United States and its officers, who
constantly subjected to the most harrassing conduct
the part Of disposed to set the laws of the Union
defiance.
Judge Grier-I shall act had the evidence before
me- unless the other side prepared to desy the facts
set forth in the petition. In that case shall put the
matter off, to give them chance to submit their testi
msny. The officers suppose arrested the fugitive,
and he resisted they then used force to hold him in
Mr.. Brown--we deny this. We say that he did not
resist and that he was cruelty beaten We shall show
such case of barbarity rs will appal your Honor.
District Attorney Ashmead-They allege that the off,
eers executed their duties in rotous manner. They
which put into their hands by United States Com
missioner, upon the oath of compete party counter
ngned by Judge Of the United States Court They
sated their process and resisted by their prisoner
sven TO the drawing of knife upon them which put
into his hands by one of the bysanders They
PEELED to sufficient force to him. and this the
opposite party call roting 1t not Bill who here
They well know that he has fed beyond the jurisdiction
Of this To hold the officers answer there must
be Of authority shown in what they did and
the proof is upon them. Every officer is prma face sup
posed act in legal manner Is every Magistrate in
the State numbering probably two thousand to have
power to issue his warrant of arrest against the officers Of
the United States upon the Intervention of any nteroper
who has the han dihood to that the officers exceeded
their authority If this is to be the case the Marshal
himself may be arrested under their warrant, f,r
alleged improper exercise of his duties, the Judges
Of this court the United States District Attorney may
be subjected to the same annoyance
Mr. Browp-Your Honor, there no resistance at all
We put upon the of authority the part
81 the officers your Honor is determined to go behind
the warrant the magistrate ask TO be permitted to
show the facts in Il which i'll be found to be of
the most horrible character.
District Attorney Ashmead asked that the officers be
discharged from CUSTODY.
Judge Grierlf this Gldersleeve fails to make out
the facts set forth in the warrant of arrest will request
the prosecuting attorney Lucerne county to
him for perjury. know that the United States have
limited authority but where they have it, it Is clear
doubted, and conclusive that theirs is the sovereign
authority. If any tuppenny magistrate, any
prncpled ntcrlorer can come in and cause to be ar
rested the officers of the United States whenever they
please II is sad state Of affairs After the against
whom the United States warrant vas issued has run
away some fellow ineryenes and to State judge
for his interference and has the United States officers
rested There recently of this kind and to that
now aude. habeas corpuses to be taken out after
that manner viii have Indictment sent the United
States Grand Jury against person who applies for the
II, getting it
and the sheriff who serves the writ to whether the
United States officers to be arrested and harassed
whenever they attempt to of the United
States speak of what daily done to hwar the United
States in the exercise of her lawful authority will
with your proof in this matter Mr.. Brownf
Mr.. Brown-This day one week.
Judge Grer-Then upon that day will hear your proof
The case then went over until that time
Judge Grier in this seems disposed to sustain
the views that were suggested by District Attorney Ash
States Marshal was arIested.J
AFugItivc Slave Case In st. Louis.
We mentioned that negro had been arrested and
lodged in the calaboose the charge of being alb
sccDding slave. We understand the following TO be the
sts Of the case Six ago. three negroes brothers,
named James, Edwin, and Charles Edwards, away
from their owners, Buchanan, White Co.. merchants Of
New Orleans They repaired to Ohio and there separated
One of them believing that he had effected change for
the worse in his condition soon returned Of his free
will TO his masters The others remained abroad
fully coneealing their abiding places Lately Mr. Lthrop
attorney for Messrs. Carroll White Cohe successors
OF the OLD hrnearned that another OF the ugtiycs
employed as barber the Banner State. On
that boats return from trip to the Missouri river Mr.
Carroll proceeded to have the negro arrested under the
fugitive slave act, and having had preliminary hearing
before United States Commissioner Benz f. Hickman, in
carcerated his prisoner in the caboose writ habeas
corpus threatened by lawyers employed or to be
employed by the prisoner which quietly removed
to Carondeet on Wednesday, but brought back to-
TINS city yesterday, when a second hearing had
before the Commissioner Both parties then asked for
continuance of the prosecutor obtain evidence
from New Orleans, which he says win establish his claim
beyond ell further shadow of doubt and the defendant
receive proof from Ohio that he is not the slave for which
Mr. lathrop mistakes him. Tho court granted a CONT
nuance OF twenty days. and the negro remanded TO
the county Jail-S- Louis Democrat, Sept. 30.
Court Of General Sessions.
Before his Honor Recorder iii gu.
Uu o-Ihe court met agreeable to adjournment, At IL
o'clock this morning One of stabbin with intent to
kill was disposed Of and the greater portion of man.
slaughter case, which adjourned until
ii o'clock.
&at1tng nth Intent TO KM-A German, named Jacob
Roman placed at the bar, charged with stabbing