New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-02-16
TRIAL or THE SLAVE-HO TIER AND
HER CHILDREN.
From The Cincinnati Ga:e't-, Fe6. II aud -
FIRST DAY.

ARCHIBALD X. GAINES, CLAIMANT, rs. MARGARET
GARNER AND HER THREE CHILDREN.
Court met at 9 o'clock but the fugtves did not APP
! pear for some time. $500
little after 10 o'clock Margaret and her children
we're brought in. She il about five feet three lnches IN
! hight and rather stouy than decately made She Is
mu'atto showing from fourth to one third white
blood Her forehead is high, and has prou6erance -
not 50 large Of course bat something Ike that when
made Daniel Webster's so striking. Her eyebrows
are delicate lines finely arched, and her eyes, though
not remarkably large are bright and Intelligent. Inc
African appears in the lower part OF her face IN the
broad nose and thick lips. Her ear is small her wrist
and hand large. and she wears PLAIN gold or DIass
ring on the little finger of the left hand. She ~ or
! % wears Of age
She was dressed in dark calico, with small hand
kerchlef on her shoulders, pinned closely about her
neck and yellow cotton keTchief was wrapped tur-
! ban-ike or a Ia ole VrgiHHy, around her head
The child in her arms is little girl about nln9
months old and is much lighter in color than herself
| light enoue 10 show a red tnge in its cheeks.
Her eyes during the trial were generally cast down.
She would look up occasionally for an instant with a
tmd apprehensfve glance at the strange faces around
| her Tie babe. with it's little hands, was continually
fondling fer face but she rarely noticed IT, ana her
general expression one of extreme sadness. Oaiy
once when it put its hand to her mouth, we observed
her smile upon it, and payfuy bite its little fingers
! with her lips
extremity Of Ter eyebrow is old scar, and on the
check bone of the side another. Weasked her
! how those scars came there She said, white man
! struck me-
The bows are and years DID, respectively, and are
bricbt.evcd woolly headed cunningoOking little fell
| lows, a. almost all little black boys are Their tat
! checks dimIl lie when they laugh, and they amused
themselves most of the time during the t5sa Hy sa"s
The murdered child was almost white, and was
! little girl of rare beauty.
Mr.. Archibald X. Gaines, the master, Is not large
! man. being but little above medium hight and quite
slender Ills head is small; his hair bushy, standing
up. and CAV. He wears whiskers, meeting at the
chin also gray. His face is thin the lower part quite
narrow and marked with numerous lines. He has a
mall foot and hand; the latter looks rough but more
fom exposure than labor. His dress is careless but
his general manner rather gentemanly There IS
nothing coarse disagreeabe or repulslve about his APP
pearance but the contrary, he seems to be tand
we have no doubt he isl agreeable and intelligent
q, uteman He is member of the old school Presby-
tcrian Church. is regarded as very orthodox ana Is
the chief supporter OF the church clergyman Oh tna'
! denomination in his neghborhoOd
The Court having announced that II was ready 10
| proceed with the case,
Mr. Johffe applied for continuance, on the ground
that the only witness by whom they expected to prove
Margaret having been in Ohio by the consent of her
master, was in Oregon, and they wished time to
! get bis deposition.
Margarets deposition was offered which stated that
when small girl she had been brought by John +.
Gaines who then owned her and Eliza Gaines, who il
row living with her uncle in Kentucky, and that her
children have all been born since she was thus brought
into Ohio. She asks time to get the deposition OF John
|
| be not long since Governor.
The Court decided that the should 90 on but in
the event of the Commissioner deciding this point ma
| tCrial 10 the cause, he would make proper provision
for obtaining this testimony.
Dr. Jolie then rose and made professional state
ment-ihe first he had made in the 1t was to the
effect that he verify believed the deposition of Marga.
ret to be true ana that the cases OF the mother and
children could be severed, and she made a witness,
that she would state the facts given IN her deposition.
He therefore asked that the mother and children be
tried separately in order that she might be witness
| for them.
Mr. Wall objected to this "most strenuously.' They
were all claimed together "a slaves under warrant,
and what the mother might swear to after the frenzy
she had exhibited, they did not know, and would not
| Isk.
Mr. Jolife replied that if on sending for Mr.. Ganes's
deposition be should prove to be dead, it would
deprive them OF their only chance to prove their
freedom.
The Court decided against severance.
Mr.. Jolife then asked that the Rev. A. A. Liver
more be appointed guardian al ihem for Clley,'
the babe.
Col. Chambers thought such proposition too alb
surd for argument It bringing the case where
the gentleman had all along tried to put it, viz: within
! the humanitieS.
The Court decided against the appointment OF
guardian, and the evidence for the claimant was then
commenced
TESTIMONY FOR THE CLAIMANT.
Dr.. Elijah Smith ClaIksOn sworn sad know that
woman and two of the chidren-the two oldest; the
woman J. CaueC IcgHy lfOr Mdrgartl HlBcsI DOy l-
called Tom, the next Sam these people are under the
laws of Kentucky slaves to Archibald X. Gaines, the
| claimant have known her twenty years-trom child
two years old; has all tina, time been slave she has
belonged TO claimant about ten years should think
| before that time she was owned by Major John p.
Gaines late Governor of Oregon the mother also be-
louged TO Major Gsines; Peggy il twenty-three or
four years old 10 the beet Of my knowledge has had
child within year; did not attend her on that Oc-
cssion--went over the next day and found her doing
| well enough.
| Crosse Xamined - Margaret Peggys mothers
name was "CIly;" they both belonged to Jno. T..
Games, and became the property of this claimant by
purchase; l lived in the ncighborhood at the time OF
| the alleged purchaser have lived within mile and a
half Of Mr.. Gaines for twenty years; il customary
to transfer slaves by bill Of sale but have known sales
| without this; j. L. Gaines had daughter Miss
Mary Gaines who Is probably about seventeen at this
time; sbe Is now in Kentucky; presume John Z.
| Games 10 be now in Oregon; been there about ak
yeas; was family ply sic for John z. Gaines; Mr..
| Gaines has other brothers, Richard, Benjamin. VIII
| Lam and lie Grand one Of them lives near Natchez,
| and one, think, in New-Oreans; their mother lives
| with MI. Archibald Gaines is a widow; do not know
| whether Ms. Elizabeth Gaines does not claim to be
the owner OF Peggy during her life; Mr.. Gaines has
several other slaves beside these she is the wife
| Simon.
Quss.: " Is be the father Of these children p" COL
| Chambets: We admit that"
MAJOR VIM. Is. Murphy, sworn, said: knew Peggy
there have known Der for some time; Idecare can't
say how longs she u said TO belong to Mr.. Gaines;
canned by him a. bis slave, and served him "a such
known her AZ such from s1 10 years live some three
and half miles from Mr.. Gaines.
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