New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-02-16

where Archibald n. Gaines now u'cs' ""' - -
Wien she was sold TO the present claimant am no, Ger,
tain ever saw her on the plantation OF Mr. Arcaioaa
Gaines. have seen her about the nelghpornoou' ahu
knev her As Mr. Gsines's woman Miss mary Da James
!, now about Is or IS years DID, st saw Peggy Ia On9
Last Monday week Mary Gamer and her nusosnu a u
simon were with her, and her three children tnat sne
has here and another one II was ~ no1-e Ve.o"
MiTcreek bndge; saw the other chudi lts tnroat
cut. Objected to by Col Chsmbers Court stated ehae
a. The warrant embraced four children, It was proper
10 how what had become Of the other one. IL was
snav admitted that one child was killed. ana tnat tue
mother attempted to kill the other three at the time Oh
the arrest that one has cut on us InIoa'i anO'N''
has one on it's head. and the infant oow.
Question by Mr. Jolhfe-Did Simon thus woman
husband shoot one of the persons making the aIes'
AT the time Objected to BY Col. Chambers, ana o.
lection sustained by the Court.
Adjourned to Monday morning at 10 O'CLOCK
After the crowd passed out, the little negro poy5
were carried down in the arms of the Marshals and
the woman Peggy, taking the protered arm OF .ns
noiite Deputy L s. Marshal Mr.. Brown, was escorted
TO the omnibus
SECOND DAY.
Court met at 10 o'clock.
IN entering we were surprised 10 see large mum.
her OF gentlemen wearing the badge OF the legion VI
Honor ia red ribbon in the button-holel, Inc hrss
thought that they might be distinguishes FRENCH
men-iuvited guests TO the 22d February celeDraton
but we afterward learned that the special U. ;;
Narshals appointed to guard this negro woman anu
her three Children had high appreciation OF me
duty that they had thought proper TO CouiPHN' '"N
Legion of Honor by assuming Its badge
TESTIMONY FOR TIE CLAIMANT CONTINUED
Peter Nolan sworn. said-know the woman anu
her three children; knew them for four or hVe years
in Boone County in Mr. Galness posSession-as nls
-laves; | lived year on Mr.. Ganess place, anu
worked more or less with him for the last I'VE years.
Cross-examined-Lived not much over q quarter OF
mile from Mr.. Gainess house; know that TINS woman
Mr. Gaines slave only from seeing Aer on tne pisce
and understanding that she belonged TO num- Mr.
a. - fvp Of %
his mother lives with him, and has ever since can
recoect am not that this woman Peggy docs not
belong TO old Mn. Games never heard her clam her.
A bill of sale from John L. Gaines 10 the claimant
was then offered and on Mr. Finnels stating that ne
knew il TO be John Z. Ganes's handwrtng-that ne
corresponded with him. etc.-it was admitted without
being legally proven. 1t read a. follows: .. Gan,
have sod And delivered to A. K Games hVe saVos-a
Harry Peggy Hannah and Chs5loe-aad al my rSt aa m
thereto for the OF - 500 which sum eeaaI N
sei 'S. is OF Given under my manu- JOHN dAyEs
Col Chambers explained the recent date of this by
stating that given to supply an old one that was
John Ashbrook sworn. sad Know Peggy; the two
eldest children; the youngest | don't kno" haSe
known Peggy for fifteen or sixteen years; sne was
then the slave of John T. Gaines: about SIX years
since he sold out to Archibald Gaines, the claimant
here; | have been in the habit OF purchasing Mr.
lanes Marshall the owner Of Simon, Peggys hus
band and the claimant in the former case was called
Il
have known her for twenty years size belonged 10
Major John 7. Gaines during part of hat time, ana
the residue to ATchd. X. Gainas; she escaped IRON
Kentucky last Sunday night two weeks; know SlnOn
Peggy's husband; he was born mine; Peggy has be-
longSd to Mr. Archibald Gaines some - or II years
Cross-examined-Last saw Peggy IN kentucky
while before Christmas
statutes of Kentucky were then Offeredin evidence,
especially that part Of them from page 62 to 64s re-
atng to slaves also to page 36i, where 1t states
slave, after five years possession becomes absolute
property so that proof of title or bill OF sale Is neces-
sary.
The claimant rested his case here.
TESTIMONY FOR THE SLAVES.
Ann Smith, "a COlOred woman, sworn-Am nurse
commenced nursing between five and SIX years OF age;
they were white chidren-in the families where
lived; it is a common thing for children five, Six or
seven wears Old to nurse white children i'll the families
to which the belong
Philadelphia and Cincinnati, testified to the same et-
feet. -
Mr.. Jollife then said | now offer in evidence duly
certified copy of an indictment found by the Grand
jury of Hamilton County against Margaret Garner,
charging her with murder III the hrst degree.
Col Chambers objected.
MIR Jolihe wished to introduce this to prove that he
cannot have the certificate for the transfer of Margaret
Garner that be is asking for. That the indictment was
bar 10 it. II for the Court to decide whether the
Fugitive Slave law Overides the law of Ohio to such
an extent that il cannot arrest fugitive slave even
for the crime of murder. lie then read the 10th
not delegated in the Constitution are reserved to the
States etc This execution of its own criminal laws
every State has reserved to ITSELF and no act of Con-
gress interfere with il.
These slaves cannot after being remanded be re-
claimed as fugitives from justice. demand for fu-
gtive from Justice must be based affidavit that the
person so demanded fled. She cannot flee when she
goes by forceby order of Court and against her WILL
She cannot be arrested under any process after the
Commissioner shall have granted his certificate. The
writ of capias under an indictment for murder cannot
stay the delivery. If the certificate ia granted, it
wrests from the State the right to punish murder.
Ii this was decided TO be the law fugitive could,
on the trial shoot down the Marshas, or even the
Commissioner, and be could not be punished for 30
doing. Paramount is this ght-the night OF the State
is superior to all private claims.
Cot. Chambers-Ths repetition OF the old
story that this woman preferred the galows to delivery
in Kentucky.
The practical effect of all these sorts of motions was
to abolish the Fugitive Slave Law at once. All fd-
gitiye would have to do would be to commit some
trfing ofrense and he would become the prisoner Of
the State of Ohio
The Court observed that it could not be received be-
cause had already motion pending on this question
Mr.. .Jolliffe-We have one other witness; we want
Margaret Garner sworn witness, not for herself,
but on behalf of her three children.
Col. Chambers objected on the ground that being a
fugitive the provisions of the Fugitive Slave Law di-
recty forbid her being witness for herself or anybody
else.
After long discussion, the Court stated that it had
refused to sever the simply the ground Of de-
law but could see no objection to admitting the w0m-
ans testimony IN behalf of her children, and she was
accordingly put on the stand and sworn;
Margaret Garner the mother of the three living and
of the murdered child being sworn, was asked-W
YOU everin Ohio beforel Ans. Yes, Sir. Ques. When
Ans | came here when was about seven years old.
To other questions from time 10 time, her answers
were as follows: | came here with John Gaines and
his wife; her name was Eliza Gaines; they came on a
visit to Mr.. Bushs who lived in CovingOn, and stad
there a week; during that time they spent one day
over here, and they brought me over to nurse the
baby that was Mary Gaines; Mary wasn't quite as
large then rs my bahv. Her baby is about nine