The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-02-04

The Fugitive Slave Cssc I'm Clsclnnass.
EXAMINATION BEFORE THE UNITED STATES C0x
MIssIONBR-THE CLAIM OF YKEEDOM-Dfsr0sI-
From the Cincinnati Columbias, Jan 81
The party Of fugitive slaves, conssdog q tso asu two
women sno three children we're . yesterday secrntas
United States ConSmssi ner Pendery
Wall and Fnnel, Of Covingtoa, and C,L Ohsmbers, Of
Cincinnati appeared for the clsimsnts; Mr. Marsna and
Mr. Wood, Messrs. Jole Giteheli appeared for tho
The two men, Simon Garner and Robert Garner. ami
the eldest woman Mary Garner ws Of simon, ore caiu
by Mr. Marshal. Margaret Garner against whom tn
Coroner's jury on Tuesoay evening found vecdi,s
MURDER with her tntes remaining children, are cAime
On tho opening Of the court, Mr.. Jolis applied for
tain Witnesses BY those witnesses he expected to prov
thSt the woman Mary Garner, had frequently been
to this CITY. WIN shs knowiecee conseat and eo%m.n
stc; that ths young man robert Garner thres years
ago was IN this city employed for four days drividg nogs
and though he feared the evidence might tprove
clear he expected TO similar tho other adult
parties He asked the Court for to OBTAIN wtnesse
that the examination should pre- oeed He expeoed eyery
possible obstruction.
Mr. Joe explained that the writ Of habeas CORPUS had
intercepted the proceedings; he had his c
epts until the previous afternoon He expected the
courtesy a. would be granted in case Of $4,000 In
Colonel Chambers insisted professional show, in
writing Of the of the wtaeses, and what
Aconsiderabe time was occupied while Mr.. JolGs took
tire adayits of his clients The allegations in the af
About Eve years sgo Goi. Warrington, Of covngton,
hired her of James MAJ sba who claims her his save
She heard Warrington ask Marshall e he WAS afraid
would away Marshall replied that she might pass
and iepass to Cincinnati whenever she pleased he had
no fear Of her running away. She lived in Coviogtvn
with Warrington than twelve months during that
time she frequently to Cincinnati to attend the
Methodist Episcopal church, of which she Is member.
hRY nd nrrin rAUu tlv Of
her passage to CincInnau she heard Of any OBJ
lection TO her crossing the Iivee She also sometimes
came to market in Cincinnati with WArriogton other
times with both hs wifo and sister, BENZ jsmn Connolly,
Mrs warrpgtons brother knows Of her passing; also
In jail without the Of obtaining Witnesses, she
prays the Court to protect her in her rights.
appointed reporter for the Court 1t also decided
that the involving Mr. Marshais calm of ownership
The affidavit Of Robert Garner wa, then read by Mr.
Jss Il alege. that i've weeks before last Caristmas
their owner, brought him to Cincinnati and KEEP.
him here about five hours About fonr years ago, VIM.
Tmeerlske aorekeeper in Covingt'n had him iu hire
and brought him over Ohio measure 1heat he was
then in Ohio from Monday to Saturday James uarshal
four since brought MIN to this side to drive hogs
an1 ne ter ssa On the 4ho sue a Tour ~ sni avs
by his directions carried . trunk to Cincinntu De
pcnent asks time TO obtain Witnesses in pro0f Of these
facts.
Col Chambers denied that any right OF freedom accrued
to- slave by his ownec bringing him over to Oho when
Mr. Joline contended that slave brought TO the soil
of Ohio by his the sgens OF the owner became
free and that freedom no after act cculi take away
The affidavit of Margaret Garner then resd 1t al
eges that John Gaines, who claims her as his sisvs
brought her when small girl to Ohio, to nurse his
daughter and that she renaaued In Cincinnati until the
evening She expects to prove this fast by Mr. Gainos
nov in Oregon and asks continuance unt his evidence
William, Samuel and 'Scia, were born after her having
been thus brought into Ohio,
In the Of Mary Garner the Commissioner said that
fn Ia rIIv tduro1
ordinary one. The question in hand is not one of
dollars and cents, but Of liberty reasonable time
bring in testimony asked for The points raised hs
aidavts the genuneness Of the statements there
raised, he not then caed upon 70 declare but
Ss own eoos w would him a Can as Soua d.
yhat just aud right The point raised by the defence
ON behalf OF Mary Garner, was an i'm Sortant one and
it question that ought to be fully and fairly inves
tigated The Court adjourned until nine O'Clock this
morning. the prisoners in the meantime being reandea
into the custody Of the United States Marshal.
The position Of the at the adjournM ent this
Mr. Joe the counsel the defence claimed that any
slave passing into the free State Of Ohio with the
of his or her owner OF his agent which Individual is
who hires slave, becomes frsa by that act. The
cep. in Of punishment for crime The principle OF
perpetuiy Of freedom is sanctioned by custom the spirit
tuition Of this State which instrument declares that
Involuntary seryitade excet for crime shaa exist with
in the borders of Ohio On this ground Mr. olie
TENDS that Mary Garner Robers Garner and Margaret
Garrer are all free persons and when arrested
by the United States Marshal.
In opposition to this Colonel Chambers laid down the
position that whatever rights slavs might acquire by
entering with his owners owledge and consent free
State, they forfeited when he voluntarily returned
TO slavery This position the counsel for the claimants
did not argue.
Considerable dissatisfaction was expressed outside Of
the court by several coored persons both male aud
male because stationed at the door refused to
permit any Of them to enter At the adjournment Of
court considerable police force ready escort the
fugitves to jail for whom omnibus waiting at the
door considerable crowd collected outside. and when
the officers ate npted to clear road for the vehicle
siderable opposition was shown. Some scuing and fight
irg took place and one two parties &ken TO the
Hammond street station house by the officers apparent
y for the purpose Of creating diversion Four Ave
ceceny dressed colored in the crowd sesmed
mest bent upon resistance and opposition When road
was cleared the omnibus the fugives conducted
number surrounded it; then the prisoners taken
It is evident that much irritable feeling exists but the
disposition evnoed by Commissioner PenJery act fairly
towaros all parties and to the question in kind
Light toward the fugtves and their friends while b.
ia hfully discharges the duties Of his office will
doubtless assist in allaying agitation.