Washington sentinel. [volume] (City of Washington [D.C.]) 1853-1856, 1855-08-02
Wh.sl.r slave Case.

Martin and Isaiah Moore, the four colored men ar
rested on charge Of participating in the Wheeler
slave rescue was before Judge Kelley on Saturday
morning, on writ of habeas corpus. These men
were charged, before Alderman JAS. b. Freeman,
with assault and battery, riot, and highway rob-
berry. They were held by the magistrate in 81 900
each, to answer the charges against them
The case Of John Ballard, alias Rabbit was
first called
Colonel Wheeler was called and sworn He
then repeated the evidence that has already been
published, lie said that Ballard was present and
caught him by the arms rudely; he, Ballard said
that if resisted they would cut my throat from
TO ear.
The witness was cross-examined by MIR. PIERCE,
and, in reply to his questions, said
The persons accompanying me were my slaves
under the laws of North Carolina; they were ac-
companying me voluntarily through free coun-
try to u free country; ! was going to Nicaragua,
as Minister from the United States. These SER
wants were never with me in North Carolina; they
lived with me during the past year in Washing
| ton. They were never with me in North Caro-
linas said they were my slaves under the law of
| North Carolina, because ! am a citizen of that
] State got them in Virginia; they were slaves
| there; have owned them some three years be
| eve; other branches Of the family are owned by
my family; the name of the woman is Jane; in
| the South slaves generally take the surname of
their oWners; presume she would be known as
Jane Wheeler; the boys are some ten or fifteen
years old respectively; do not know their precise
age; the younest was out at service two years.
| Nicaragua is a free country. | was carrying
them as free people, as my family (The witness
here explained that what he meant by free people,
was that they went of their own free wll)
The question of the commission of highway rob-
berry by the defendants was here mooted.
A,t n n
saying that the charge of highway robbery in the
case was simply absurd under the laws Of Penn
| sylvana
Mr.. Wheeler remarked that the servants had
| property of his with them, umbrella and other
articles.
Question by Mr.. Pierce.--'.Do the laws Of Nj
| caragua allow the importation of saves?"
| MIR. Mann objected to the question.
| Mr.. Pierce replied that the acton in this case
| had hitherto been based upon the ground that the
| parties were slaves. He desired to show by the
witness that this party being taken through
| the free State of Pennsylvania TO the free State
of New York, there to set sail for Nicaragua, and
| that as anambassador he would not break the
! laws of the State to which he was accredited.
Mr.. Mann commended that Mr.. Wheeler was
not competent witness as to what were the laws
| OF Nicaragua. These people were his servants,
whether free or bond and he had right to pro-
tect them, and of this right he had been deprived
|
| The Court sustained the objection on the ground
| that MIR. Wheeler was not competent witness as
| to the laws of a foreign State
The District Attorney again remarked that he
| had abandoned the charge of highway robbery,
| and that the binding over on that charge was
simply ridiculous.
The cross xa mnation was then resumed
first saw Ballard on the boat; the whole affair
lasted, suppose, about three minutes; first saw
hun when he threatened to cut my throat; was
provoked at the time, but not excited | was as
cool as am at this moment | am sure he laid
hold on me; he took hold of my arm evidently
supposng | was about to draw a weapon; | had
no weapon about me except such as God Al
mighty gave me-my fists. | did all could to
prevent my property being taken away from me;
i laid my hand on the shoulder of the woman and
said, ''Jane, you know you have children and
friends at Washington. | said this to try and
excite sympathy among the persons about to get
them TO let me alone. All three of my servants
made an cutlery; know they haoed murder! |
don't know which of them halloed. The mother
said she knew where she was going, and she
wanted to be let alone; / think she did not 90
voluntarily; | saw Williamson take hold of her;
she has two children in Washington; she has not
yet come back.
In reply to a question from Williamson-Jane
said she wanted to be free, but that she knew
where she was going; | had not promised to make
her free when went TO my father-in law s the
servants went with me; we were not separated at
any time until they were taken away; ! was eau
toned by friend in the cars that | might have
trouble with my abolition friends
MIR. Pierce asked that the bail in the case be re-
| duced, he considered it exorbitant and oppres-
sive.
The District Attorney said that highway rob-
berry was impossible under the circumstances I'M
der the laws OF pennsylvania, and the charge of
melting 10 not was merged in that of riot He
would therefore ask that Ballard be held to an
| swer the charges of assault and battery and riot
Judge Kelley said the question presented TO the
judicial mind was simply one Of bail Assault and
battery and riot were unfortunately very frequent
offences IN the community, and bail in such cases
was rarely fixed heavier than 81 900 In the fire.
men S riots the participants were seldom held in
heavier amountAof bail than 81 900; and in one
case, where the rioters dragged little arsenal
about with them, and had muskets loaded with
sugs to within inch or two Of their muzzles, for
the purpose of attacking their opponents the ac-
tors were held in 81 900 each. lie knew several
other serious instances, not necessary to mention
where heavier bail was not required
The defendants in this case were evidently poor
men and It was not probable that they were very
enlightened or deeply skilled in international law
and as to the rights and privileges of ambassadors
above other men. The Judge, in conclusion said
ne saw nothing IN the case TO justify the demand
ing OF exorbitant bail, and he would reduce il 10
$1,000. He would exact good bail
The case of William Gusts was next called
Mr.. Wheeler testified that this person was one of
the men who took hold of him The bail in this
case was also reduced TO 81 900
Captain Heath officer Wallace, and Mr. Joseph
Nirkle, were called and examined as TO the share
that Braddock, Martin, and Moore, took in the
transaction. From the evidence Of these men Il
seemed that the boys kicked and cried murder as
they were being passed off the boat The woman
the witness thought, held back and seemed un-
willing to go with the crowd 10 the carriage in
waiting on Dock street. All the witnesses agreed
that there was no noise Of any account, and very
little excitement. Captain Heath said the thing
was done quietly and quickly. No one saw the
three defendants last named do ANYTHING more
than accompany the crowd.
District Attorney Mann said that he had before
abandoned the charge Of highway robbery, and in
the case Of these three defendants he could not
see that the charge Of riot could be sustained.
These men were quiet, and il did not appear that
they were active in the proceedings.
Tie thought though that another offence had
been committed. Three persons had been taken
of against their consent, and this was an offence
against the law. lie would ask that the defend
ants be held for this. Before iury they might