New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-06-04
FUGITIVE SLAVE CASE.
Fron IA, Cfreinnati Goretts.

/ j. Gallagher, esq. They appeared before Ju1Se
/ Leavitt Yesterday, and proceedings on the VIII u
! hsbeas corpus were entered into.
After the return OF the Sheriff OF Osrke County had
been read the Hon. George Pugh for the Defendants,
applied for permission to examine testimony, eHegu5
that tie reason OF the issuing OF Wrlts oi haooa'
corpus in the Of the Deputy prSQherSi
was mere colorado pretense, the real 02jecl oe!hs
10 obsluct the OF justice, ana also 'aa1 tue
magistrates Il Ohio had no power over the Per'On'
for whose bodies the wits were ls'ued they UeiuS IN
/ the cust.dy Of officers Of the United States.
Mr.. Mason. Of Clarke County, objected to any IN
aury gong behind the acton Oh the OF the
! S,sts The State Courts and Courts Of the United
States were independent OF each other, aud neither
had right TO review the proceedings Of the other.
Judge Leavitt said that IN case like the present,
the iuri,dction the United States Court limited.
No tinted States Court has tried to exercise
power which it certainly does not possess Of reviewing
] The action of the State Courts. The question here is,
what must be done in the Of officers charged with
violating the State law, when 10 the execution Of their
! duties a. United States officers
THIS Court has power by laws Of Congress to issue
writs Of habeas corpus IN such case. am clearly
Of the opinion that this Court has right TO inquire
into the innocence guilt of the parties, but those
parties STOW whether they acting in their
official capacity and entitled to discharge from
custody.
On the request of Mr.. Pugh the Judge allowed the
Sheriff of Clarke County to call to the stand Sheriff
Layton, who being sworn stated: was not present
when the prisoners brought TO Springfield jail,
and do not know on what process they were placed
mere, all tnc NutnOfUN IOI Attempting dteot
are contained ID the wIits appended to my written
statements: the writs came 10 my hand on Saturday
afternoon: from Friday morning until Saturday, the
men were in custody of Springfield officers then they
were delivered into my custody. The Sheriff stated
rode up the first carriage but once a. the Deputy
Sherifls the road neal Charleston; SAID am
Sheriff this COunty and must arrest YOU one OF them
said Stop, or i II shoot YOU; had a slGsnOOtcr
with me: Compton was with me, and he also had
revolver; Compton jumped from the buggy and
seized one Of their horses; three shots were fired
by the party; / know one of them came from
the first buggy and think they all did; the men got
out of the buggies; two OF them seized me; had my
revolver in my hand but did not present IT. they took
my pistol from me and struck me, two OF them holding
my arms; heard them say they were United States
offers and think they said they had authority for
their proceedings; was struck on the head with a
pistol and was alss wounded the temple aud else
where; suppose was trying to shoot and they were
trying to GET my pistol from me- took my pistol
that if | was shot could shoot again.
Nross-examined-W started heard the officers
ss "& a S'
inc the direct way Cincinnati after getting uprom
the ground when was Knocked down, asked them
by what authority they held their prisoners; one OF
them replied, 81 Go to HI.
Mr.. Puch desired to introduce one Of the prisoners
elliott a. n witness. The defense objected to having
man testify in his own defense. The Court allowed
the testimony.
John C. Elliott stated that h., with the other pris-
ouers, had been employed TO execute certain wrts OF
the United States. We went to Mcchanicsburg aud
arrested young llNlc, lludin NHhitH anu
Edward Taylor we staid in Mechanicsburg while our
prisoners got their clohes we returned toward Ur
bans number Of people following US, and we heard
Of dficutie ahead we resolved to change our route
the people objected to our making 0e arrests; we
desired the people to 90 back, and told them We
would not be logged like horse-thieves they went
away and we again changed our route at Vi
emma ] introduced myself 10 the Sheriff OF Cham
pairn County | told him who We were, and said |
knew he had writ of habeas corpus he said, " Yes,
but YOU are out Of my county and can do nothing
we asked him b. dinner, and he dned with us; we
started for Charleston in three double carriages, and
single buggy; Churchill myself and Carly We're in the
buggy; we saw somebody coming up in buggy, and
thought il part OF the crowd that had followed Us
all the day; Compton came up and grabbed az our
horses reins hit him with the thin end of the whips
| ne drew a pistol the who was in the carriage,
| who, | have since understood, was the Sheriff OF
| Clarke County called out to Compton to shoot;
| Compton pulled the trigger, the cap exploded he
fired again and the load went OIL drew pistol ana
fired three times at him. but missed him. did hear
either of them say who they Were, what was their
business the Sheriff came up with pistol IN his hand;
our party attempted TO take ii from him; he resisted,
and was pretty roughly used; ! got the boys
away from the Sheriff when they had get his
pistol He then said, " will show you my authority,
but offered us no paper We again changed our rome
to get out Of the way of any mob that might assemble
| in consequence of this ARRAY. From Charleston we
went to Lumberton, in Clinton COUNTY there from %
! to IS persons came upon us. One OF them was the
| Sheriff of Greene County. They were armed with
Of our party were arrested except Buncker and starr
We were taken to Xenia and sent from there to South
Cbarleton where we charged before Esq. lOus-
ton with assault and battery, and held in SlOO bail.
We were then taken on to Springfield, where we ten
dered security 10 the Probate Judge, who refused to
take il that night, and We were kept IN JAIL AL night
Next day we gave bail, which was raised to SLOW, ana
were arrested again and taken before the Court, from
which after waving examination, we were sent again
| TO Jail: from which were brought by the wrlt OF
| habeas corpus. Oar prisoners were liberated by
habcas corpus; we had 10 opportunity, being IN Gus
| tody, to appear to answer the writ.
| Mr. Nj N requested that the defendants, except
| the one > ne stand should be excluded from the
Courtroom The Judge made an order 10 that effect,
and the defendants were taken out.
Cross-examiued-Wh While the people were following,
pistol was pointed toward one of them, in cOnse-
Quence of his doing the thing; none of our party
| drew knife the Sheriff of Champaign County, and
threatened TO cut his gs out; no knife drawn
persons threatened by party, that occasion.
| We took arms with us because week before, in at
tempting to make an arrest, we were prevented serv-
| ing writ by the crowd.
| MIR. Woodward was sworn--I am Deputy Mar
shall and went up about the habeas corpus got 10
| Springfield on Friday night at Urbana found the
| prisoners taken by the Deputy Marshals had been
discharged on habeas corpus, -FOUR hours before S0
there there being one TO oppose their discharge
| Mr. Mason said if the matter was to be fully gone
into he was prepared TO prove the very opposite OF
almost every assertion made by the last witness but
one could prove that quiet citizens compelled To
turn from tie direction which they were going about
their lawful business, by these defendants threatening
them with violence and death; that individuals had
been struck and threa;ened that the Sheriff of Cham
| paign county, and the gentleman who accompanied
him were deferred from the performance OF their duty
| by threats that that duty should be performed
| Only at the expense of their lives; that after the
Sheriff Of Clarke county knocked do Sn, he
was kicked and beaten by these officers in d
| brutal and cowarCly manner, and many other
particulars establishing the fact that the officers
| transcribed their duties and made themselves
ameuable TO the laws of the sovereign State