Holmes County Republican. [volume] (Millersburg, Holmes County, Ohio) 1856-1865, 1857-06-11
From the Cincinnati Gazette
THE FUGITIVE SLAVE CASE.
PROCEEDINGS IN rHE UNITED STATES COURT.

PROCEEDINGS IN h UNITED STATES COURT
Since Deputy Marshal Churchill and hi
men were brought down from Springfield
they have been out on bail of $500 each
given by Post Master Waiter, and 7. J
Gallagher, Esq. They appeared befor,
Judge Leavitt, yesterday, and proceeding.
on the writ of habeas corpus were entered
into.
After the return of the Sheriff of Clark,
county had been read, Hon. Geo. E. Pugh
for the defendants, applied for permission
to exsmine testimony, alleging that the issu
ing of writs of habeas corpus in the case o.
Deputy Sheriff. prisoners, was a mere col
orable pretense, the real object being to OBJ
struct the course of justice, and also thai
the Magistrates of Ohio had no power orel
the persons for whose bodies the writs wert
issued, they being in custody of officers o.
the United States.
Mr.. Mason, of Clarke county, objected tc
any inquiry going behind the action of the
Magistrates of the States. The State
Courts and Courts of the United States
were Independent of each other, and Meth
er had the right to review the proceedings
ofthe other.
Judge Leavitt said that in a case like
the present, the jurisdiction of the United
States Court is limited. No United States
Court has tried to exercise a power
which it certainly does not possess, of re-
viewing the action of the State Courts
The question is, what must be done in the
case of officers charged with violating the
State law, when in the execution of their
duties as United States officers.
This court has power by laws of Congress
to issue writs Of habeas corpus in such ca
ses. l am clearly of the opinion that this
court has ne right to inquire into the inno-
eence or guilt of the parties, but those
parties can show whether they are acting
in their official capacity and are entitled to
discharg, from custody.
On the request of Mr.. Pugh, the Judge
allowed the Sheriff of Clarke County to call
to the stand Sheriff Laton, who being
sworn, stated: l was not present when the
prisoners were brought to Springfield Jail,
and do not know on what process they
placed there: all the authority I had
for attempting the arrest are contained in
writs appended to my written state
the writs came to my hand on Sat-
urday afternoon; from Friday morning un-
till Saturday the men were in custody of
officers, when they were deliv-
cred into my custody. The Sheriff stated
| rode up to the carriage but once, as the
Sheriffs were on the road near
Isaid, I am Sheriff of this
and must arrest you. One of them
said, 'stop or I'll shoot you. l had a six
with Inc, and he also had a revolv-
sr. Compton jumped from the buggy and
seized one of their horses. Three shots
we're fired by the party; l know n of
hem came from the first buggy and 1 think
all did. The men got out of the bug
yies; two of them seized me, and struck
one of them holding my arms. l
heard them say they were United States
,ficers and l think they said they had au-
hority for their proceedings. Twas struck
N the head with a pistol, and was also
wounded on the temple and elsewhere:
suppose 1 was trying to shoot, and they
we're trying to get my pistol from me; l
ook my pistol, SO that if l wa shot l could
boot again.
Cross-e1amined: When 1 started 1 heard
he officers were armed and accompanied
a crowd ofKentuckians. WhenI over
ook the party they were not travelling on
be direct road to Cincinnati. After get
ing up from the ground when 1 was
nocked down, I asked them by what au-
hority they held their prisoners. Ono of
hem replied: "Go to HI"
Mr.. Pugh desired to introduce one of the
Elliot, as a witness. The de-
,nce objected to having a man testify in
is own defence. The court allowed the
,stimony.
John c. Elliot stated that he with 9th
r prisoners had been employed to execute
ertain writs of the United States. We
-ent to Mechanicsburgh and arrested
oung Hide, Hiram Guthridge, Charles
nd Edward Taylor. We staid in Me
hanicsburgh while cur prisoners got their
lothes. We returned towards Urbana, a
lumber of people following US; and we
card of difficulties ahead. We resolved
, change our route. The people objected
, our making the arrests. We desired
ne people to 90 back, and told them we
,ould not be logged like horse-thieves.-
hey went away, and we again changed
ur route. At Vienna I introduced my
sf to the Sheriff of Champagne county.
told him who we were, aud said l knew
9 had a writ of habeas corpus. He said
es but you are out of my county, and l
an do nothing. Weasked him to dinner and
e dined with US. We started from Charles
IN in three double carriages and a single
uggy. We saw somebody coming up i'll
buggy, and thought that it wa part of
le crowd that had followed us all day.
came up and grabbed at our
orses' reign. l hit him with the thin end
{ the whip; he drew a pistol. The man
no was in the carriage, whom l have
nee understood was the Sheriff of Clarke
called out to Compton to shoot.
!ompton pulled the trigger, the cap explo-
he fred again, and, the load went of.
drew a pistol and fired three times at him,
I'd missed him. | did not hear them say
ho they were OF what was their business.
he Sheriff came up with his pistol in his
and. Our party attempted to take it
om him; he resisted, and was pretty
'ughly used. He then said: 81 will
low you my authority" but offered no