The true Democrat., 1856-02-19
From the Cincinnati Enquirer, 3lst ul The Fugitive Slave Case.
Before U. States Commissioner Pendery


 Course of the Defence-Afiidayits of the
 Fugitives--intcnse Excitement.
 Yesterday morning the escaped slaves were taken from jail, where they had been placed for safe keeping by the United States Marshal, and conducted in an omnibus, attended by strong posse of officers to the United States court, the lion. John L.. Pendery presiding. A crowd accompanied the omnibus, and the court room, few minutes after it was opened, was jammed with eager spectators, many of whom evidently would have expressed their sympa- thy for the fugtlves in an audible manner, but for the rigid order enforced by the deputy mar shalS.
 The cases were submitted to his honor as fol- lows:
 James Marshall, claimant, vs Simon Garner ST.. Simon Garner, jr.; Mary Garner, fugitives from labor and service; and Archibald K. Gaines, claimant, vs. Margaret Garner, Tom, negro boy; Sam, negro boy; Miller, negro boy; fu- gitives from labor and service. Case arising under the fugitive slave iaw
 Hon. John w. Finnell and S.. T. Moore, of Kentucky, and Colonel Francis T. Chambers, ot Cincinnati, attorneys for the claimant; John Jolllffee, attorney for the fugitives
 Mir. Jolllflee, attorney for defendants, sub mitted motion for continuance, which was re- sisted by Col. Chambers.
 Mir. Jolfee stated that by reason of the is- suing of the writ of habeas corpus by Judge Burgoyne, and the action of the sheriff of Ha- milton county in returning to the Marshal of the southern district of Ohio the fugitives on an alleged lnformality in the said writ of haJeas corpus, he (Mr. Joliffe) had not caused any subp9naS to issue for witnesses on the part of the defense.
 Colonel Chambers, in reply, said that the warrant upon which the fugitives are held had been issued on the 29th of January, thus al. lowing the attorney, Mr. Jollife, ample time to have his subpenas issued, served and re- turned.
 Colonel Chambers would require a showing in writing, giving the names of the witnesses and what he expected to prove by them.
 Mr. Jollltfe said he would prepare the atfi- davits of the defendants themselves to show that they had at various times been brought by their owners, or the agents of the owners, into this State; and having done so, Mir. Jolifte then read to the court the affidavit of Mary Garner, which was as follows: Previous to the reading of the affidavit, the court, on motion of Colonel Chambers, appointed Mr. J. Bell Pol lock the official reporter, it having been agreed that the testimony, as taken down by the repor- ter, should be read to and signed by the witnes- ses and should be considered the correct test- mony in the case. The following is the affida- wit of Mary Garner:
 Mary Garner, having been duly sworn, states that about five years ago Gas Warrington, of Covington, Kentucky hired this deponent of James Marshall, who claimed her as his slave and brought her to Covington, Kentucky, and about the time of the said hiring the said Gas Warrington asked said Marshall if he was afraid the said Mary would run away, to which said Marshall replied, in the hearing of this depo- nent, that the deponent might pass and repass to Cincinnati whenever she pleascd; that he was not afraid she would run away; that she lived in Covington with said Warrington bet ter than twelve months, and while she so lived with him she frequently came over to the city of Cincinnati to attend worship in the Metho- dist Episcopal church, of which she was, and now is a member; that sometimes the said Warrington knew of her crossing here to church, and at other times he did not know of it; that she never made any effort to conceal her con- ing from the said Warrington or any other per son, and never heard him object to her so com ing to the city of Cincinnati. And further, she says, that, while she so lived with said War rngton, she came over to the city of Cincinna- ti, State of Ohio, to market-sometmes she came to Cincinnati with said Warrington, and at other times with Polly Warrington his wife, and at other times with Sally Stewart, sisters of Mrs Warrington; Benjamin Conolly Mrs. War rngton's brother, knows that she came over on said errands; Mr. Kennedy, who kept the ferry boat between Cincinnati and Covngton knows, as she believes, that she came over frequently from Covington to Cincinnati. She has been in jail in Cincinnati ever since Monday last, and has no means to employ lawyers in her behalf, and prays the court to protect her rights in this matter. She hopes to obtain the testimony of said witnesses, but has no means to pay the fees of said witnesses
 Col Chambers submitted a motion to the court to determine whether it would grant a continuance as to Mary Garner allegel slave of Marshall. Commissioner Pendery stated that this morning, when motion was made for continuance, he understood that the motion ap- piled to all the alleged slaves, both of Mcssrs. Gaines and Marshall. However, he would first hear all the affidavits read and then he would pass upon cases separately.
 A similar affidavit was then made in relation to Robert Garner and Margaret Garner, the other slaves.
 Mir. Jollinfe then stated upon his professional honor that he had not had time to prepare his part of the case thoroughly. He had fully pre- pared the case with reference to a trial before Judge Burgyone, but had not with view of a trial here.
 Colonel Chambers said, the gentleman and myself have had the same length of time to prepare. The parties are here who claim the alleged fugitives, and by the laws of the United States the course of proceeding in these cases was intended to be summary, and not to be de- layed on every pretense urged. Mr. Jolliffe has had ample time to examine the fugitive slave law, which has been in force some years, and has been adjudicated upon in nearly every State in the Union There was not a word in the affidavit which had been read by MT. Jollffe giving sufficient reason why continuance should be granted.
 MT. Jollffe replied that the rights of the de- fendants ought to be observed as well as the rights of those who claimed them as slaves Why should these persons not be entitled to have their witnesses present. that every word they may have to say should be heard? The court should grant a continuance of day, a week, month aye, year if necessary, to give these people chance to bring their witnesses and establish their right to freedom.
 Mir. Joliffe then read the affidavit of Marga- ret Garner, alias Peggy.
 Colonel Chambers said he found the same ob- iections to the sufficiency of this affidavit as he had to the others The case has its painful as- pects It has its reasons for an appeal to the sympathies of every one, with which the com missioner has nothing to do. It has been ably argued by the members of the Congress which enacted the law, and the responsibility which, though great and painful one, rests upon your honor. Into the moral view of the question it is not your province to inquire; it is for you to decide the case upon the facts.
 Mir. Joliffs replied that the freedom of these persons might rest upon the motion which he had made for a continuance. Besides which, these infants are under the especial care of your honor, and you should guard their rights zea- lously. We wish at least to have time to at- tempt to get these witnesses.
 Commissioner Pendery-This motion is one addressed entirely to the discretion of the court The case is not one of tha ord;narv character