The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-11-07
The Recent Slave Cnse I'm Cincinnati

THE SLAVES SURRENDERED AND TAKEN TO KENTUCKY.
IRON the Cincinnati Gazette, Nov.
We stated yesterday morning that three slaves man
of thirty five and two girls Of the ages of and twelve
years claimed the property of Mr.. Thornton Wther,
of Fauquer county Virginia had been arrested on writ
OF habeas corpus while stopping boat at the landing
in hansu from ST. Louis to the residence of their
in Virginia The writ granted by Judge Burgoyne of
the Probate Court and the slaves brought before
him on Monday afternoon, but application of the
counsel of Mr. Withers the continued until yes
terday and tho slaves were committed to the care Of Mr.
Darius Fggeston guardian and taken to his residence
Ninth street The proceedings OF Monday closed with
this.
the property - out writ OF habcas corpus before
Judge Carter Of the Common Pleas, alleging that his
slaves were illegally restrained Of their liberty that they
asked that they be returned to his possession In com
pliance with the writ the slaves were given into
the custody OF Sheriff Glass who conveyed
them to a room in the Court House, adjoining the
Court Of Judge Carter. The hearing was APP
pointed for three O'Clock, and at that hour, while hun
drcds who were not Of the second writ of habeas
corpus waiting in the Probate Court and around the
Court House. excitedly discussing the question: the three
slaves brought before Judge Carter who propounded
the question to EACH
"Are You slavea'
HIamo
care you restrained OF your liberty"
II am notn
"Do you wish to go with your mascrS'
aIdou
sYou are at liberty TO go where you please"
Judge Carter then directed the sheriff TO hand oyer the
medaely rushed out Of the court ROOM put into an ex
press wagon in waiting at the door and with speed
to the Vine street ferry, put board the Queen
in few minutes landed on the Kentucky side OF The
river and taken to the Barlow House in Newport.
small crowd present az the ferry who booted and
shouted, but attempt at a rescue was made and Mr..
Wthers not little anxious and excited himself, rejoiced
much in the repossesson of his human chattels.
The sly undcrhanded way IN way IN which tne re-
probably prevented scene of excitement that might
have resulted in disastrous consequence Before the
negroes present the Probate Court waiting for the ap
pearance Of the slaves, Of what in pro-
gress, by the summary process of Judge Carter they
being conveyed to the boat to be carried back into
On the announcement of the fact the Probate Court
that the slaves had been given oyer to the custody Of inc
the sheriff be invoked that special constabes be ap
pointed TO bring the negroes before the Court.
Judge Burgoyne remarked that he should Immediately
issue attachment, and directed the Clerk to do so at
once.
Mr. Jollie then said al ask the Court to issue writ
against Alfred George Washington Carter, commanding
him to show why he should not be punished for
contempt OF this Court.
Judge Burgoync--That application should grant with a
great deal of reluctance This cashing of jurisdiction Is
injurious in its effects.
Mr. Jolhfie-we shall not press this for instant action,
but the Court will regard the motion being before it.,
and We expect and hope decision upon it,
Judge Burgoyne- feel bound to protect and yndcate
the process Of this Court and certainly the proceeding
had against any other than brother member of the
bench should not hesitate but the party here Judge
Of the Common Pleas, that capacity is under his
oath of Office and responsible to his constituency for his
official acts, and should regret the necessity OF taking
steps toward him.
Mr. Joifc-lf Judge violate the laws of the land he
should be the first person punished for doing The law
of the land has been outraged and the dignity Of the State
tramped and Judge Carter should be sgnay punished
for that outrage. The fact that he is Judge far from
shielding him. goes only to aggravatc the offence
Mr. Elliott said that he had stated the facts of the
ceeng the Probate Court TO Judge Carter and showed
him the transcript Of the record at which, however, the
Judge merely glanced and did pay any attention to the
statement that those who opposed the application oil Mr.
Withers denied the allegations in his petition.
Judge Burgoyne said that he had minated that the first
step should be bring the before the Court but
he had inferred from the remarks OF Judge Haem, OF
Kentucky VINO appeared by courtesy counsel tor the
MASTER that there would be no difficulty in the matter,
but that the slaves would be forthcoming soon
Mr.. Peat stated, In defence OF Judge Halem, that when
he made that statement he not aware OF what was
about to trnnspre in another court.
Judge Burgoyne further stated that Judge Carter had
said he should take further action in the matter until
the proceeding in the Probate Court disposed OF.
Judge b. suggested the removal OF tho entirely be
fore Judge Carter but the latter said little about that but
reQarked, ego on and try the CASE
Don Piatt remarked-l suggest 81, you bring Judge
Carter before you foa violation process your
He has been guilty of unlawful act outrage
and there IL question oi any conflict VI jurisdiction
He should therefore be brought NJ any other citizen
NOT interfering with the process o. the court and trust
Mr. Peat hoped the Court would carefully consider tho
position Of the parties before that done.
Mr. Patt considered that Judge Carers position aggra
waited the case.
Judge Burgoyne said when the application made in
due and proper form he should consider H. lie remarked
them that he regretted they had not opportunity OF
amnng the question (never yet fairy met a. to whether
slavery could exist With the jurisdiction Of Ohio
The discussion then dropped, and the whole matter
left for such future action may be deemed proper.
This case presents another conflict OF jur dioon and
judicial action In courts which is fast becoming
preach. While the Probate Court anxiousy waitir
the arrival of the slaves writ rcturnable a. O'Clock
Judge Carter sends them back TO the custody Of their
master, with the SIMPLE inquiry 10 whether that was
their desire To have answered otherwise would have
subjected them the shareholders dspeasure and pro-
baby to severe punishment again put il hs possession
nv Of law