Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1855-04-07

see." After reading affidavit, Attorney G.. said he
would wait until the rule was issued, and then mp.
pear in defense.
The Court agreed to tho motion, and instructed
the Clerk to issue an attachment for Mr.. Ill. ii.
ROBINSON, and n rule to show cause for contempt
against Rev. Henry NJ. Dennison, and tho Prose
cutting Attorney was sent for to prepare charges
and interrogatories. The counsel asking the writs
waived the attachment, and contentod themselves
with q rule in both cases. The writs were issued,
maze returnatle ut liz o'clock.
Alta o'clock, Mr.. II. ii. Robinson appeared by
his attorney, Geo. III. kctchum, and Rev. ii. M.
Dennlson by his attorney, MIR. n. Wolf, Of Louis
vile, and asked time to prepare al answer. MIR.
Wolf and his client repaired to the library to make
preparations. In the meantime, the argument was
proceeding before Commissioner PeDdery, in an
opposite room of the court house, ON the claim Of
Mr.. ID. to Rosetta as II fugitive.
Attorney y. Walker urged, lthat if time was
granted to prepare an answer, would not the time
be used to defeat the object Of their pursuit 10y the
removal Of the girl, and we have anothcr farce -
lie wished an interlocutory order, directing the
custody of the girl to be given to the Sheriff, to
await tho further order of the court.
Attorney s. p. Chase commended that both the
parties we're now here in obedience to the rule
1t was not an attachment. Charges aud inierroga-
TONS had been died 10y the prosecutor, and it was
proper that those who are to answer should have
time. They seek in their answer to purge them
selves of the charge. Whether an ancillary order
may be 'ssued, whether the court can again order
the production Of the child. is for their decision.-
They certainly have power to give effect to their
original order, or the contempt and its proceedings
under it set nothing right, and only render the con.
temnors liable in fine and imprisonment. We,
who sue out the hd6eas corpus, cannot acquiesce in
the taking back the child by the Marshal. We
must be protected under the power to punish for
c%catcmpt, or apply rOr q new writ of habeas cor
puS.
Attorney Geo. +. Pugh, appeared for II. II. Rob
inson, and presented the following motion: THE
said Hiram III. Robinson moves the court tn quash
the rule heretofore issued against him in this in
stance. for the reason that the affidavit on which
the said rule is grounded, and the charges filed
under the same, do not authorize summary pro-
p ceed'ngs as for II contempt of any lawful writ, pro
, cess, order, writing, decree. or command Of this
q court"
:. Mossrs. Pugh and Walker spoke on tho motion.
f Mr.. Ketchum said he had not read the affidavit.
4 The court narrated the points. Attorney G. L.
t Pugh rejoined.
lie proceeded to an animadversion of the course
t pursued liz bringing the habeas corpus case in the
u. court, and the Improperly of his Honor having al
+. lowed the writ. The court reminded the speaker
T.. that it was useless now to 20 back of the action in
g the court or its decision, as it was made, and
). the decision still stands as the judgement of
: the court, unless reviewed and revised by a higher
court.
o Attorney Pugh contended that there had been nc
disohedience or contempt. The Sheriff bad exc
g cuted the order Of the court delivered the custody
Of the girl to the guardian, and the power of the
: court ended there.
d Judge Parker said that the motion of Attorney
Pugh was predicated on the point that the facts dc
f not, in themselves, show a contempt, if the officer
d re-arresting used the old warrant. The section OF
the haGeas corpus act, read by the author of the
motion had no other design than to protect the
personal rights of the party aggrieved by a rear.
rest. The rule for cuntempt is for the court, and
mo " gu tho fnnnHntinp fnr tho civil emit yf TIM nr
st grieved party. One is for persons, the other foI
IT the court in order that they may enforce their or
n ders and DEGREES. The court will take time to de.
% eide on the merits of the case under the affidavit
1t is due to us, to say that the court will not in Il
<. case made out, permit the dignity of the State,
committed to us by the ~suffrages Of the people oil
u the county, to he degraded by contempt Of the orr
ders Of court. And while we announce that oui
decision will not be made until we have calmly ant
intclligently examined all the points involved, W,
d may say that while it shall receive IL full and com
of plete Investigation, and if no contempt has beer
committed, we will say so yet if one has beef
committed. no person, no matter how high his pc
= sition or pretending his unetions-whether lie b
an officer of the United States or of the State q
e. Ohio. or hold what station he may, it shall nu
at stand in the way of a firm course on my part, an,
@ the vindication Of my court.
ID The motion to quash is overruled and the partie
held to answer.
As to the motion or suggestion that the couI
~ should Ofuer the girl lbOSetta again 10 DC DrOuHf
ID into court at this stage Of tho proceedings, W
know of no process therefor that we possess unde
IL the statute except Habeas Corpus; with regard t
Id the suggestions of counsel that there is no ioundt
a ton for proceedings except in a civil suit. AS
No for debt against tie Marshal, is there not som,
thing in the way of proceedings for false impriso
,r- ment-as to the custody Of the girl, it might l
ed proper to say if the after decision of the court ma
he he that a contempt has been made, the Intern,
diate removal Of the girl and the defeat of tn
Mt design under the IIabeas Corpus, may tend to a,
H. gravate the'amount OF the fine and tie term OF Ill
%prisonment.
II. The attorney for Mr.. Van Slyke, then made al
ID piication for another writ Of llabeas Corpus, an
the court announced that under the "rule" til
as trial for contempt would m en (this) Saturda
II morning at 10 o'clock. We new proceed to recuul
is. further incidents of this dual" procedure as it r
s lates to the whereabouts of Rosetta, her reappea
Mt ance before the L. S. Commissioner, and what toe
place before him.
", BEFORE U. S. COMMISSIONER PENpERY.
tie About 10 o'clock yesterday morning, the gi
IL Rosetta, in the custody of the U. S. Marshal and
ON large posse of deputies, was brought into the U.
tie commissioners court.
We Although there were not many persons in Il
to courtroom, the pOpulace in the streets were denie
he admission by the Marshals guard. Upon ii
,ss opening of the court Mr.. Hayes counsel for II
III, girl, addressed the Commissioner by claiming til;
in under the law he could not return the girl ROset
m, to her master, on the ground that the fugiti,
he slave act provides that no slave can be thus +
in. turned unless she makes an escape from II sla'
irt into a free State. Counsel then cited in suppo
or of this proposition, 4th Washington Circuit Cour
est Report, page 1856 also the case Of exparte Sin
lie mons.
Attorney Chambers, for the claimant, then n
err dressed the court by stating that the position /
ms occupied as counsel for Mr.. G.. in claiming the 81
n vices of the girl Rosetta, whom Mr.. ID: alleges to
'tl- his property, was peculiarly embarrassing. II
VS. excitement of Thursday had almost driven frol
his memory the chain of argument by the gent
net men who preceded him. and his mind had been d
Ird verted from Il preparation for a reply. lie had all
all lost his memorandum Of auihori ties and notes
icy the evidence, placing him in an unpleasant pos
I'm tipn. In the argument Of this case the gentleme
he have relied upon the fact that the slave Reset