Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1856-02-16

take The f%usiiives "to tho jail of Hamilton county,
and there safely keep them until such time as |
shall order them before me for final decision"
This order may appear strange when its under
stood that they were at that time really in tho pos.
session Of the Sheriff of Hamilton county, ard
not of the L. s. Marshal, bat it was intended n
doubt to relieve the Marshal FROM any responsible
i(y in the matter Of the SheriG's getting posses
sion Of thcm-to give him the opportunity to plead
an order Of Court for having placed them in the
c0urty Jail.
The trial Of the mother Of the murdered child
and her three remaining c%hildrcn, all claimed hy
Archibald X. gaincs, will commence this morn.
ing at 10 o'clock.
FRIDAY, rER SIN.
Conflict Of Jprisdiciiol- The Shc5F Claiming The
fUyiircs.
At the opening Of the Commissioner's Court on
Friday, the fugitiyes were not brought down from
the Jail, but Sheriff Brashears appeared in the
court room with his counsel, (Nlr. Mills, of the
firm Of Mills & |lIoalley.) and asked that the Com.
missioner order the fugitiyes to lie discharged from
the custody Of the u. s. Marshal. The Sheriff
desired to do only what the law strictly required
If him, but admitted that to ascertain what that
was, was a matter of Some difficulty.
Jacob Finn and Mr.. lIedinston, counsel for the
Marshal, opposed the motion, and the argument,
on it occupied he Court till the hour Of adjourn
mcnt.
The fugitives having been indicted by the Grand
jury for murder, the Sheriff had served the war.
rant at the Jail, and came into Court considering
them in his possession, but desired the Court to
make this order for the sake Of agold.ng ANY cor.
tlict with the Marshal.
Mr.. Mills cited the decision Of Judge Mclean.
that a slave is 4 man-therelerc, his ca lime was the
crime of u man, and as n man he could be nunish-
ed. If delivered up by the Marshal to the master
and taken back to Kentucky, there vculd re no
means Of bringing him here to answer this crime,
for he could not be demanded Of the Governor Of
Kentucky as a .tagitire from justice, because icing
taken away Ay legal process was not fleeing.
The L. 5 Marshals counsel claimed that he was
property, and as such must be returned to hi,
owner. Property was not 10 lie held to answer for
a crime.
10 this it was replied that possession Of proper.
ty on civil process was in Ohio always held subor.
dinate TO the criminal laws Of the State. BY dcci-
ding that a man could hold, as property, one who
had outlawed himself by crime, would Le to rem
Ier ~impotcnt the whole State Of Ohio.
An unruly bull running at large might be shut
the slave could not; and if he could not be held
to answer rs Il man, there would be no means Of
reaching him. If the slave were considered a mere
brute, there would be no difficulty in the case, He
could not then be held to answer for a crime an,
more than a vicious horse who had kicked some
mans brains out. But the difficulty arose from
regarding him as a man, because. ii at the same
time slave and man, the claims of his master upou
him might conflict with those Of the State.
Commissioner Pendery stated that he would take
the question under advisensent, and that the fuci.
tiyes would remain in the custody of the MARSHAL
until it was disposed Of,
Mr.. lIedington.-The sheriff same into ,opr,
saying he had them in custody. He wrested them
from the officer Of the Court, which is Il contempt,
ana thcn comes and asks you to approve that con.
tempt.
Court-Thcrc is a question as to the custody
There is no evidence before the Court to show that
they are not still in the MARSHALL possession.
Mr.. Mills.-Re only ask the Court not to inter
Gcre with our possession.
Mr.. Hedingten-They are in the county iaiI, un.
der q law Of Chic, requiring shcrif5 to receive L.
s. prisoners and TO bring them out when crleatd
by a United States Court.
Mr.. Mills-Unless he seizes ;hem.
Mr.. Llelington-lIls he done 80?
Mr.. Mills-Weli, l suppose he has.
Court--We understand the object Of this appli-
cation to be to prevent q collision of authorities
As we desire to avoid thar, we will make no order
now, but only repeat the order Of Yesterday, re.
the Marshal to take them to the county
Jail and keep them there until this Court orders
them brought out.
1t was then announced that the case of Archi.
bald Il. Gaines, who claims the mother of the dead
child and her living children, would be commenced
at 9 o'clock, to which time tie Court nd
FIRST DAY OF THE TPTAI ar THE NOTIFIED