Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1853-08-06

Maryland. But as soon as the certificate was
received, Mr.. Peirce, Smiths counsel, served
another writ Of Habeas Corpus upon Howard,
and so stopped the proceedings Of the slave
cotchers for that day.
The return to the writs upon Wynkoop and
Howard, were to be made the next morning, in
the Court Of Quarter Sessions. Tho Marshal,
however, instead Of appearing with the body
of Smith, came with counsel, J. w. Ashmead,
and reason for not obeying the Ha5eaS Corpus.
His honour Judge Thompson, was not disposed
to accept the substtute-it was The man he
wanted and not on argument. But after lis
tening patiently TO counsel, Ashmead on one
side, and David Paul Brown and Pierce on the
other, he issued an attachment against the
Marshal for contempt of Court anG that officer
was taken into custody by the Sheriff. The
next step was to go before Judge Kane of the
United States District Court, for writ of Ha-
Jeas Corpus, the petition setting forth that the
petitioner, Wynkoop, was unjustly held in Gus
tody by the Sheriff, that he was not detained
by virtue of any commitment for any criminal
matter, and that cause might be shown why he
should not be released. This petition Judge
Kane first declined to grant; considering the
rule imperative that no Court or Judge Of the
United States could issue writ of Habeas Cor
pas to bring up prisoner into custody or under
sentence Of execution Of State Court, except
as witness. After a long discussion on this
view of the law between himself and Mr.. Ash
mead, the Judge discovered there was nothing
in the petition to show that the petitioner had
been committed by State officer or Judge, and
so he granted the writ. How he supposed the
Sheriff obtained the custody of the prisoner
the learned Judge did not state, though he
acknowledged himself bothered by that con-
sideration. There seems to be no other expla-
nation of his torgiversation than tina: he was
sincerely dcsirous TO release the Marshal, and
would do SO if the ingenuity of counsel could
find or make large enough loop hole through
which he might creep; for having granted the
writ on the suppositon that the petitioner was
not held by any process from State Court,
Notwithstanding the distinct assertion that he
was in the custody of the Sheriff, when the
return was made, as it was Immediately, that
the Sheriff held the prisoner by virtue of a
writ issued by the Court of Oyer and Terminer
and Quarter Sessions, then the Judge undid his
work of moment before, and quashed the
writ which he had just granted Ills duty
seemed clear enough to him from the begin
ming, but inclination and duty would not jump
together. But his decision settled the uestion
clearly up to this point-that here was a case
of collision between the State and tho United
States, and that the Marshal was to remain in
the custody of the Sheriff And so the matter
stands at our latest intelligence.
Since the above was written the case has been
settled in tho usual manner. There is no law
but Slavo-law, and State Courts and State Stat
utcs must yield before the decisions of the U.
S. Commissioners, which are as invariably the
same as ten dollars are more than five. Mr..
Wynkoop, the Marshal, amended his return to |
the writ against him, and produced the body of
Smith before the Court, which amendment the |
Court accepted, and the Marshal was discharged |
from arrest This was on Monday. On Tues |
day morning hearing was had on the original
writ, on the petition of Hubert Smiths bail,
and a decision was at length given, that Smith.
not having been in the actual custody OF his
bail at the time of arrest he is not entitled to
present custody; but as tho right of tho State
to retain the man for trial for any crime against
the Commonwe alth is undoubted, he may be
retained by the bail taking out a bail-piece, and
arresting and holding him by virtue thereof
OF course, by this decision, Smith was given
into the custody of the Marshal, who hurried
him into carriage, and before the bail-pece
was made out, was some distance on his way
to Maryland. There, the Telegraph announces,
he arrived safely in few hours.