The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-12-18

A Singular slave Cass In indiana.
THE UNDERGROUND xAnRoAD--A BsorHa or *
Trom the oncinnaa asrstts, Dec. ISL
The Indianapolis Journal, Of the 18th inst, con.
tsins report o. . trial which took place II thst
been tried n Indiana, md - far as we know in the
United States, under the seventh section Of the Act
Of 1850 for tho readitioa Of fagives from service.
ans case nnEalss one N many points q vis.
one OF the chief witnesses for the prosecution WAS
Cyrus Fillmore, brother Of ANlsrd Fillmore, ex-
President Of the United States. We were informed
legal gentleman Of Indians, several days ago, but
we were given TO understand that the case would DO
reported In few days, and therefore We refrAined
from speaking Of It until We should have the whole
case before US in IN authentic form.
The facts.of the case ~ We understand, are sub
stantially these :-Bspjsmin Waterhouse was In
dicted last March on tho charge Of aiding slaves TO
escape. He was riding in August, 1853, in his
he had with him three col0rsd persons. He stopped
to get something to cat for himself and the negroes
Cyrus FILLMORE was present at tho time, and asked
Aner retreshing themselves, Waterhouss and the
negroes passed on. He Was indicted in March
1854 for aiding the escape Of slaves but the indios
Inent being detective in several important partcu,
the negroes were not known 70 have been slaves;
and II slavesAit was not known who their owners
was; or that Waterhouse knew them to be slaves,
and was aiding their escape. Tho Marshal, how
ever, was determined to make an example Of Mr..
Waterbouse, and Cyrus Fillmore wss engaged by
him to 60 to Canada with Mr.. Payne, of Lexir gton,
Kentucky, the son OF the alleged owner OF the men,
them evidences against ws.erhouss. &c Here We
he took.
Second witness, Cyrus FiIlmore-I am brother to
the president; live In Lagrange county, Indiana;
am acquainted With defendant; in August. 1853,
was standing on the steps of public house in
Orand, and some colored folks with defendant
drove up in two horse buggy, one Of the negroes
ground railroad; be said yes and that he had three
ine fellows and inquired for Capt. Barry; told
him OF Clark, who was also an abolit0nist, and he
when they drove up, but can't say saw them get
out; saw them no more after theo drove to CiArks;
was within ten feet Of the negroes % the wagon
turned in the street, this was goth to 18th August,
roit; went to Canada with Payne and found a. sup
pose of the same negroes this the latter part
OF Juue iast the same negro, think, from being
thin light cocred negro, and from his having pecu-
lar nod or wink, which had noticed before at
Orand he was pretty near all black, about as black
as thoee we call black here; would not call him
copper colored; might be mistaken in his being
the same negro; Understood underground railroad
TO mean concern got up to run away fugitives;
defendant Ewes on the road leading from Union
Mills to Fort Wayne.
Cross-examlned-Had: conversation with de.
iendant last May; saw the negroes in the wagon
only; might have been twenty or thirty feet from
them, but did not scrutinize them; noticed the one
who was driving the most, and this was not Tom;
as they turned the wagon they came, say ten feet,
over to Clark's may be possible am mistaken as
to driving in town; became acquainted with defend
ant seventeen years ago; Deputy Marshal first
wanted me to go to Canada, but did not want to
90, ard the Marshal urged me to so; have always
been in the habit Of working for pay; am confdant
defendant used the term underground railroad.
Rsexamined- Defendant was going North, he
thinks; depends on the road they came in town;
might have been Afteen minutes that the wagon
stopped; Tom was not driving; noticed the driver
the most; Marsh was to pay me; supposed was to
be paid in addition to expenses.
Robinson, the Marshal Of Indiana. induced him to
60 to Canada, snd take Fillmore with him, and that
their expenses would be paid. The two then started
for Canada, and DR.. Marsh. the deputy marshal, &C
his slave Tom at Windsor, Canada, sick; they re-
cognized each other; Fillmore was with him. Tom
was one Of the negroes whom MI Fillmore supposed
he saw AZ Orlapd, in the wagon with Mr.. Water
Upon this evidence Mr.. Waterhouse was again ia.
diced, and was tried in Indianapolis last week. The
trial lasted three days, and all the power OF the
George W JuIian and l. H. BrsoHott .roesreS sor
the defence, ard the District Attorney and r. w.
Thompson for the prosecution. The report Ia the
jcnrndi Gays that Mr.. Th0,nps0n ep9ke 0var three
hours, most Of HIS speech "being regular old
fashi 3nsd datr,be on the Union" The Court pur
sued the same line OF argument, aud was at pains
to tell the jury "tbat the constitution could never
have been formed unless IL should contain the
clause in relation to fagtives." He also informed
the jury that slave when found in Indiana (wherc
the law pfesumes every man TO be free) is, never
theless, 3saaa facie o slave, and it lies With the
party denying it to controvert that presumption.
These are few OF the poins made by the court in
explaiair the law and the evidence to the jury,
who we're strongly invoked to bring in verdict of
guilty.
The jury, after being out several hours, returned
as o verdict that Mr.. Waterhouse pay fine of fifty
dollMs and be imprisoned in the courtroom one
hour, and that the government pay the costs. Tnis
Is Gil they would do. We have been informed,
though the fact does not appear in the report Of the
trial in the Journal that the jury refused to impose
the fire OF fifty dollars ualess the court would first
agree to immediately remit it, and that the fine
was so RENTED.
Such is the result Of tho first case tried in Indiana,
under the tn section of the Fugitive law. The
case affords much material upon which to seriously
ponder. 1t is, we believe, new texture in our
criminal Jurisprudence, for the government to pay
the owner of lost property for his time and
DhuntiDg it up, and also TO furnish men at the
public expense to aid MIN In the search.