The national era. [volume] (Washington [D.C.]) 1847-1860, 1853-08-11
FUGITIVE SLAVE CASE At PHILADELPHIA.


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FUGITIVE SLAVE CASE AT PHILADELPHIA.
This case is one of unusual interest, froI
the fact that it presents several impOrtan
points which have not arisen in any previou
case under the Fugitive Slave Law Of 1856
Our readers must be contented with a very brie
view of it from us. We derive and condens
it from the Phladelphia papers-the DAILY Rt
gister especially, which took care to report tn
proceedings in the most complete manner
Half dozen of our columns would not hol'
the Register report, if transferred.
On the evening of the 2lst of May, diff
Guilty took place in Moyamensing district, Phil
adelphia county, between some white and col
ored men. white man is said to be severel
beaten in the course of the ARRAY. One Of tn
ward constables arrested Fisher, the fugitiv
slave in question: at the scene of the disturb
ance, carried him before a magistrate, VIII
committed him to prison on the oath of tn
constable. A few days after his commitmen
to prison, George F. Albert the well-knowI
kidnapper of that city and vicinity, went Il
the alderman, and offered to go bail for Fisher
This was refused on good grounds, and freehol'
bail required Alberti's cffer was made, o
course, as the means of getting possession o
Fisher. Fishers friends interpOsed at this juno
ture, and Lttleton Hubert oolored man o.
undoubted competency, justified as Fishers bal
in the sum of $500, and he was discharged
from prison. His residence was at Fettersville
New Jersey opposite Philadelphia, where his
! wife and four children are now. He is about
twenty five years Of age he followed the
river for living" he can READ, but cannot
write.
On Wednesday, the Goth Of July, he was in
Philadelphia, and was arrested, without war
rant, by one of the city police officers, and
taken to the Moyamensing station-house where
he was kept all night; the next morning, after
the officer had an interview with Albert
Fisher was taken to the Office of an alderman,
half mile or more from the station house, and
away from the Office Of the police magistrate
of the district. Shortly after Fishers arrival
at the alderman's Office Albert, accompanied
by the u. s. MarshaFs officers, came in, with
the warrant of Commissioner Ingraham, who
in conjunction with Albert does up the fug-
tive slave business of Philadelphia, and Fisher
was taken into custody, upon the claim of j.
C. Howard, of Cecil county, Maryland He
was carried before Ingraham Commissioner
on Thursday, the st. The claimant and his
witnesses not having arrived from Eltton, the
Commissioner adjourned the case till Friday
afternoon.
In the mean time, Littleton Hubert, the bail
of Fisher for his appearance in the quarter
sessions of Philadelphia county, to answer
charge of riot and assault and battery at the
next sessions of the court went into the same
court and on his petition, setting forth the facts
of the case to wit--his custody of Fisher as
his bail and the arrest of Fisher by Marshal
Wynkoop of eastern district of Pennsylvania,
asked habeas corpus directed to Marshal
Wynkoop, and Anthony Freed, keeper of the
county prison, commanding them to bring the
body of Fisher into court, &c.
Judge Allison, of the Court of Quarter SEES.
sons, granted tho writ prayed for, and appoint
ed ten o'clock on Saturday morning, the 23d
instant, for the hearing of the CAGE This writ
was Immediately that is, on the 22d) served
upon the marshal, and a duplicate copy upon
Mr.. Freed, the keeper of the prison but the
marshal had in the mean time removed Fisher
from the custody of the jailer, and so prevent
ed him from obeying the writ, by bringing the
body into court at the time appointed
At the hearing before lngraham, on Friday,
Mr., Costello appeared for Howard, the claim
ant and William S. Pierce, Esq, appeared a
counsel for the prisoner. Mr. Pierce, before
the examination of the witnesses, notified the
Commissioner that habeds corpus had been
granted by the State court, and asked the
hearing by the Commissioner to be postponed
until the habeas corpus should be disposed Of
The counsel for the claimant objected. The
Commissioner said that he would take no notice
OF the hdbeds corpus, that the proper plan was
to make return to the writ and apply for an
exoneration, on the ground that the party was
before another tribunal previous to tho issuing
OF the hGbeas corpus.
The witnesses were then examined and after
several were examined, the hearing was con.
tinued till Saturday, at nine o'clock A. NJ. On
Saturday, after the examination Of all tho wit.
nesscs produced was concluded Mr.. Pierce
again asked the Commissioner TO postpone the
further hearing Of the case till after the habsos
corpus should be disposed of by the State Court.
The Commissioner again replied that the habeas
corpus was not directed to him. and he would
take no notice Of it, The owner, Mr.. Howard
then made oath that he was afraid of n rssc,o
and the Commissioner gave him a certificate
requiring the United States Marshal to safely
and securely convey the prisoner to MARYLAND.
MIR Pierce proposed to examine the owner as
to the ground of his apprehension of rescue.
The Commissioner decided that no person but
tho United States could object, and the claim.
ant could not be interrogated. As soon "A Mr.
Howard had received the certificate, Mr.. Pierce
served another hGbeas corpus upon him, direct.
ing him to bring the body of Fisher before the
Court of Quarter Sessions at ten O'Clock. Mr.
Howard said he would appear before the Court
and so the matter ended before Commissioner
lngraham.
Court Of Quarter Sessions, Disobedienoe q,
Marshal Vynkoop. HIS attachment for con
tempt.
At ten O'Clock, Saturday, J. w. Ashmead
counsel for u s. Marshal WynkOop asked fol
IN hours time, to enable the marshal to pre-
pare his return to the writ of habeas corpus
requiring him to bring the body of Fisher be
fore the Court Of Quarter Sessions. Judge,
Thompson, Kelley, and Allison, on the bench.
Mr., Pierce would not object to an hour.
delay il The prisoner was to be brought before