New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-02-09
,ch uausp.. be should be permitted TO -erve them o.

-. a. s,o,,, This morning, be had been called uppn "
the City Marshal with two .aIa ~, .ba. IN
- - a. ,snt n collision between the authorizes ne
wouH not grant them until the investigation wa
tbrouob Between the termination OF the inSesee
ton and the time be would l5Ae iVi GYMS M
the warrants could be served. ,.-,.
N Iol6ae still pressed his motion. IL might seem
..r.nee that as the attorney for these people, ne
sboul5 demand that they be given up on eharks"
murder, but each and all OF them had asGred nll
that dey r0sl2 60 siagiRg 70 ne g940"s '"s"N' SAN
be returned 10 Sldrery.
'' fommssioner Pendery declined TO make the or'ier
then. 18Th.
s,aves. then commenced. A son and q nep hew OF Nj
Marshall testified that they never knew of any of tie
slaves ever having been in Ohio With their masters
eorsent.
On the following day, the claimant having rested
MS case testimony for the slaves introduced Mr.
G. j. Guilford testified that the son of Marshall, who
ives examined the previous day, had informed him
that the dawes had been frequently IN Cincinnati.
several coored persons also swore that they had seen
young Simon in the city. On the ID OF February
number Of witnesses were examined.
Jecob Rice Ia German butcher sworn-Haye seen
"Old Simon" before; have seen him with Mr.. Mar,
shall: Mr. Marshall sod me some hogs; / cannot tel!
how nary hogs be had along with him; he fetched two
hack bows (uagursl along; the next day he tetcned
the kog- and the next day he weighed the hogs; he
leA one Of the boys in my house over night cannot
TN how many nights be stayed in my house in the
night tell Mr.. Marshall, "Mr. Marshall, where we
lsV the boy :" and den he say, Every WELL lay EN- on
the ground-makes 10 difference where he lays; my
old woman tell me, now old man, take the boy over
10 the chders, and put them over 10 the childeS IN
The he'd" in the morning Mr.. MarshaI tel me,
"wbere Is the boyl" he said to my old woman,
"what's the reason you give him bed = well, then
nv old woman tell Mr.. Marshall, she said Tow, these
people like u.s. he sad he no cal them people, they
same Ike aIOder tiHg-be wouldn say dog; and
then the next morning be take EN- and he goes long
home that. all knOwed nv house at that time was
out on Hamer street, between Vine and Man, IN I'm
cinnati.
O. How long ngo1 A. We'll, my friends that's too
Iopc-eght or nine years ago; think bought the hogs
of lin yonder side Of COvington; would not know
him now / know this man very well-that one was
little boy 10 years ago; believe that man 10 the an,
though LIE was boy then.
Col. C.-You know the old man A. Oh, knew
him long ago; had seen him before-l can't tell when
a good many times my wife II dead; my childrens
names are Margaret and Emily; Margaret il married
to Frederick Fisher, and they i've in my house; En-
ilv to John Reybod he lives in Lick Run; about ten
years since knew that old man; young Simons looks
like the boy that was aOngj one was man grown
and the other little boy; lshowed how high-s5out
Court-PoiIt out Mr. Marshall A. He is in the
Court ike gentleman, and he comes to my house ike
another man; he comes to my house with hogs look
ing Ike his nagur and now be dressed Ike gentle
man: Mr. Marshall was high ltsll man, large
The Court then waited for some time for the appear
a1ce of Margaret Fisher the daughter of Mr. Rice,
who wes iume diGte y sent for. During this interval
Mr.. Rice talked with Robert.
Jacob Rice recalled and asked again as to young
Smons said Yes, recOlect him now; that's tue
same boy saw in my house.
Margaret Fisher, daughter of the last witness haY-
ing arrived was seated for q moment close by the f-
| gtves, and spoke to young Simon. She was then
sworn and told to look the ugitves and state if she
had ever seen any of them before. She said:
think I've seen that young man before; think
he the very boy that stayed at house years ago.
but he grown very much; he stayed all night at Mr.
Rice's-my fathers my father lived then at the
corner of Hamer and Black streets 1t must have been
about ten years ago; believe the boy slept with the
jouneyman.
Q. Are you satisfied that is the same boy A.
| Yes, Sir, j think II is.
o. Have YOU any doubt about il A. think it's
the boy: have no doubt Of il at all; he was brought
there by gentleman whom father had hogs of; can
recoect his name just now, but would know 1t II /
heard II.
@. Was il MARSHALL A. Yea, it was.
q. Can YOU pick him out Col. Chambers objected,
and the Court took the witness and asked her II
Marshall was in the room. The witness stood up and
looked around for time. II was moment OF IN
tense interest for the identity of Marshall with the
man who STAYED with the negroes at the butchers
all that was wanting to make the evidence complete.
| brother of Marshall, who resembles him strongly,
| rose and witness looked at him eagerly "a though
about to recognize him the man. but dld not speak
Next to him was a man crouched down. with the head
of his cane 10 his lips and looking seathy out OF the
| corner of his eyes At length witness said That
man with the stick to his mouth Is him." 1t was
Marshall.
Cross examined.-Q. Why did you look so hard at
the man that rose mp A. was just going to say
it was him. and then looked al him night, and saw 1t
wasn't him.
o. You changed your mind them A. did MT
| change my mind at ALL just thought it wasn't him;
ts long ago body has to take good look before
| they know.
| q. Did you know the young man there young ST.
mon as soon as you came in the room A. Yes, Sir
| l did 20.
Q. How old and large was be then A. lie was
about ten eleven years old then; showed how large
-four and half or five feet; never him since
till to-day; can't say whether he stayed three four
| nights.
Witness was directed to look at Marshall. She said
bis face fuller then than now could MT say if bis
body was fatter, but knew his face don't know how
he dressed; had clothes like the farmers generally
have on; don't remember that old man old Simon;
don't know as he was along.
.. Had Mr.. Marshal whiskers on A. Wei, |
| guess he did have whiskers.
Q. Can you point out in the Courtroom any other
| man who sold hogs TO your father
Witness. And stayed all night
Col. Chambers No.
Witness. Wei, l didn't bother about them; nv
business was in the house, and only noticed those
that stayed all night witr pointed another Ken
lucky hog drover that she had at her fathers
| 10 other boy STAYED there; might have been other
boys Just come with him. but they didn't stay there all
night Mr.. Marshall slept alone; when be started to
bed father asked him if the boy would sleep with him;
he said no, he could lay the bare foor boy slept
with the journeyman, aud ate at our table; the little
boy behaved fust rate everything his master told him
| 10 do he done; don't know whether his hair was
combed the way it is now; he had a cap am GO
ing twenty seven years old have not talked with
anybody about this case; nobody has told me any
thing about this to-day; Simon did not point out
his mater TO me- did not point his finger TO him while
| | talk ed with him.
Q. How did You come 10 soy that the very boy
| stayed at our house al night A. Because you
asked me.