Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1854-12-28
A Singular slave Case in Indiana.

contains report Of trial which took place in
that city last week. It being the first case which
has been tried in Indinana. and as far as we
kn ow, in the United States, under the setenth
sec tion Of the act Of 1850, for the rendition OF
fsgit tlves from service, The case is singular
one in many points Of view, and receives adj.
dltonal interest from the fact one Of the chief
witnesses for the prosecution was Cyrus Fill
more, brother Of M Hard Fillmore, ex. President
OF the United States. We were informed Of
the material facts Of the case by distinguish
legal gentleman Of Indiana several days ago.
Dut we were given to understand that the case
would be reported in few DAYS, and there.
fore we refraioed from speaking of it until we
should have the whole case before us in an au d.
thenlic form.
The facts Of the case, as we understand. are
substantially these. Benjamin Waterhouse was
indicted last March on a charge ofaidipg slaves
70 escape lie was riding in August, 1853, in
.,,, hts wagon, and VIII be stopped at the town Of
oroDd he haG wi hin ..., three cOlOret persons
He stopped to get something 70 eat for himself
and negroes. Cyrus Fillmore was presented
at the time, and asked him If be was on the
Underground Railroad After refreshing them.
selves, Waterh ouse and the negroes passed on.
he was indicted in March 1864, for aiding the
escape of slaves, but the indictment being de.
teetlve 10 several important particulars it was
quashed. The chief defects we're, that the ne
groes were not known to be slaves; and if
slaves, it was not known who their owner was,
or that Waterhouse knew them to be slaves,
and was aiding their escape. The Marshal,
however, was determined to make en- example
OF Mr.. Waterhouse, and yras Fillmore was
engaged by him to go to Canada with Mr.;
Payne, of Lexington, KY, the son Of the al~
ledged owner of the men. and try to discover
the negroes and ascertain from them evidence
agalnst Waterhouse, &c. Here we prefer to
let Filfmore's testimony speak of the part he
took;
i am brother to ex- President; live in Lag
range county, Indiana; am acquainted with de-
fendant; in August SO, was standing on the
steps of a public house in Orland, and some
colored folks with defendant drove up in
two-hor'e buggy, one of the negroes driving;
asked defendant il he was on the under ground
railroad; he said yes, and that he had three
dne fellows, and inquired for Capt Barry;
told him Of Clark. who was also an aboltohik
CLARK and he finally drove up there; Thomas
came out when they drove up, but can't say
saw them get out saw them no more after say
they drove to Clark's;was within ten feet of the
negroes as the wagon turned in the street; this
was goth to 25th August, 1858; lC0 miles
from Orland to Detroit; went TO Canada with
Payne, and found, as l suppose, one of the
same negroes, this was the latter part of June
last; Estates about as Payne did, the same ne
gro, think, from being thin, light colored
negro, and from his having peculiar nod or
which had noticed before at 0rand; he was
near all black, about as black as those we call
black here, | would, not call him copper-coor.
ed; might be mistaken in his being the same
negro l understand underground railroad to
mean a concern got up to run away fugtives
Defendant lives on the road leading from 0 MON
Mills to Fort WayLe.
Cross examined--had conversation with
defendant last May; saw the negroes in the
wagon only; might have been twenty or thirty
feet from them; noticed the one who was driv'
ing the most, and this was not Tom as they
turned the wagon they came, say ten feet from
me; think the negroes drove in town, and then
over to Clarks: may be possible am mstak
en- as to driving in town; became acquainted
with defendant II years ago; deputy Marshall
frs: wanted me to go TO Canada, but did not
want to go; have have always been in :he
habit of working for pay; am confident defen-
dant used the term underground railroad.
examined--Defendant was going north
he thinks; depends on the road they came in
town; might have been fifteen minutes that the
wagon stopped; Tom was not driving; noticed
the driver the most; Marsh was to pay me;
supposed l was to be paid in addition to ex
penses.
1t appears from the testimony Of Mr.. Payne
that Robinson, the Marshall of Indiana iDduc
ed him to so to Canada, and take Fillmore
with him. and that their expenses would be
paid The two then started for Canada, and
DR.. Marsh, the Deputy Marshal, accom- panied
them as far as Detroit. Mr. Payne found his
slave Tom at Windsor, Can ada, sick; they re-
cognized each other; Fillmore was with lin
Tom was one of the negroes whom Mr.. FIJI
more supposed he saw at Orland, in the wagon
with Mr.. Waterhouse, in august previous.
Upon this evidence Mr. Waterhouse was a.
gain indicted; and was tried in Indianapolis
last week. The trial lasted three days, and all
the power of the Court was brought to bear
against Warehouse. George W, Julian and
E. H, Bracket appeared fol the defence, and
the district Attorney andR W. Thompson for
the prosecution. The report in the Journal
says that MIR. Thompson spoke over three hours,
most of his speech being regular old fashion
ed diatribe on the Union The Court pursued
the same line of argument and was at pains to
tell the jury that the Constitution could never
have been formed unless it should contain the
clause in relation to fugrives.' He also infor-
med the jury that slave when found in Indi-
ana (where the law presumes every man to be
free is. nevertheless, prima facie slave, ald
it lies with the party denying it to controvert
that presumption. These are few of the
points made by the Court in explaining the
law and the evidence TO the jury, who were
strongly invoked to bring in a verdict OF guilty,
The jury, after being out several hours, re.
turned as a verdict that Mr.. Waterhouse paY