Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1853-10-22
ANTI-SLAyERY BUGLE
wILKEsBARRR SLAVE CASE,

.. PHILADELPHIA, October 8, 1853.
Yesterday afternoon, just after the adjournment
of the Court warrant Of arrest was served upon
j. jenkins and JAS Crossin, q. $. Deputy Marshals,
charging them with riot and assault and bat
terry on Bill Thomas, an alleged fugitive slave, with
IN attempt to kill him. The warrant was issued
by a magistrate of wilkesbarrc, on the oath of n
man named Gilderslccvc of that borough, aud was
served on the Deputies Marshal ly the high cons
table of wilkesbarrc The warrant also includes
the name of George Wynkoop, upon whom it has
not yet been served, Mr.. Wynkoop being absent
from the city.
Mr.. Jackson, for the High Constable of Wilkes
barre 'reld his answer to the Court in which he
admits that he held the Deputies Marshal in custo-
dy but alleged that he did by legal authority,
having arrested them on n warrant issued by Gil
bert Burrows magistrate of Wilkcsbarrc, on the
action Of Wm c. Gilderslcevc, citizen Of Wilkes
barre.
Judge Gricr, sternly--Who is VIM. c. Glider
elcevep
.r. Marshal wynkoop--Your Honor, he is an Abo-
litionist of Wkesbarrc.
Mr.. jacksonville is a respectable storckccper Of
that borough.
Judge Grcr-Was the assault and battery COM
mitted on him?
District Attorney Ashamed-No, sir; he does not
allege it.
Judge Grer-Oh oh!
District Attorney Ashmcad said he would now
read the petition for the habcas corpus The petit
ton acts forth all the facts Of the from the
moment the claim was laid before IT, s. Commits
sioncr Ingrohnm, up to the arrest of the fugitive
and the service ON the warrant on the present oc-
casiOn.
Mr.. Ashmead read from the 4th vol Of statutes
at large, act Of March 9TH, 1888 which gives to
United States Judge the power to discharge on
habcas corpus, when one of the United States Off
GERS IL arrested. lie therefore asked that the de
fcndants be discharged.
81. Mr.. Jackson replied lie said the law did not
authorize the officers to execute their process in
(, riotous manner, as in this case.
Judge Grier--I shall take the facts set forth in
the petition to be true unless the other side wish
to offer testimony.
Mr. Jackson then went on to argue that the act
of Congress had no reference to acts committed
against the laws of State. lie asked that the
defendants be rcmandcd to take their trial; or be
required to give bail.
d. p. Brown followed on the same side. lie
u
he felt pleasure in approaching it. Tho duties o
the United States and the individual States were
reciprocal, and reciprocal confidence should be
exhibited. There was little or conflict in tho
case, which could not be reconciled.
Judge Gricr-I take it for granted that the facts
set forth in the petition true, and | shall rely
upon them, unless they are shown to be false.
Mr.. Brown-We rely upon the warrant Of the
magistrate issued upon the oath of a citizen
Judge Gricr-lf you deny what is set forth il
the petition, | will hear the facts in the
will not have the officers of the United States har
rassed at every step in the performance of the
duties by every petty magistrate who chooses t.
harass them, or by any unprincped interlopcr wh'
chooses to make complaints against them-for
know something of the man who makes this com
plaint. The laws of the United States are bndin,
npon me, and will not take the warrant issued il
this case as sufficient to hold these officers.
Mr.. Brown--Your Honor will perceive that
murder had been committed, we could not prose
cute in u Quilted States court for it,
Judge Grer-Therc has been no murder com
aitted here. They were acting under process O
the United States, legally issued,
District Attorney Ashmead said the case wa
free from difficulty. lie called upon the Court +
yindicate the laws Of the United States and its Owl
officers who were constantly subjected to the mos
harassing conduct on the part of men disposed t
set the laws of the Union at defiance
Judge Grer-I shall act as if had the eyidenc
before me, unless the other side are prepared I
deny the facts set forth in the petition. In tina
case shall put the matter of, to give them
chance to submit their testimony. The officers,
suppose, arrested the fugitive and he resisted
they then used force to hold him in custody.
Mr. Brown-we deny this We say that he di
not resist, and that he was cruelty beaten. W
shall show such case of barbarity as will anna
your Honor. 'a.
District Attorney Ashmead-They allege tho
the officers executed their duties in a riotous mar
MIR. They went to the borough, Of course to sery
the process which put into their hands by
U! Commissioner, upon the oath Of competcn
party, countersigned by judge of the U. S. Cour
They executed the process, and were resisted b
their prisoner even to the drawing of knife upo
them, which was put into his hands by one of tn
bystanders. They were compelled to use sufhcien
force to secure him, and this the opposite part
call rlohng II is not Bill who sues here. The
ellknow that he has fed beyond the jurisdctio
OF tRis COURT To hold'the officers to answer ther
hdst be some excess of authority shown in whG
they did, and the proof is upon them, Every of
esl is pri6,a faeia, supposed to act in legal MAJ