Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1857-11-11
Ohio made a Slave State by the Decis-
ion of a Locofoco Judge.


On Monday, the Goth, three slaves. a
man of thirty FIVE and two girls of the
ages of ten and twelve years; claimed as
the property of Mr.. Thornton Withers,
of F%auquire Co.. Va, were arrested on
a writ Of hG6eas corpus, while stopping
en- a boat at the landing. in Cincinnati,
IA trGnSta from st Louis to the residence
of their master in Virginia. The writ
was granted by Judge Burgoyne, of the
Probate Court, and the slaves were
brought before him on Monday after
noon, but on application of the counsel
of Mr.. Withers, the case was continued
until the next day, and the slaves were
committed TO the care of Darius Eggles-
ton, as guardian, and taken to his resi-
dence on Ninth street. The proceedings
of Monday closed with this.
Tuesday morning, however, Afr. With
ers, who owns the property" swore
out a writ of habeos corpus before Judge
Carter, of The Common Pleas, alleging
that his slaves were Illegally restrained
of their liberty; that they owed him SER
WV ih ' i8lulh, anu 10 luGI |CuSlOUldl,
he asked that they be returned to his
possession. In compliance 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 appointed for 5 O'Clock, and at that
hour, while hundreds who were not
aware of the second writ Of Eabeas cor
pus, were waiting in the Probate Court
and around the Court House, excitedly
discussing the question, the three slaves
were brought before Judge Garter, who
without any form or ceremony directed
the Sheriff 10 hand over the slaves to the
custody Of Mr.. Withcrs, and they were
Immediately rushed out of the court
room, put into an express wagan in wait.
ing at the door, and driven with speed
to the Vine street ferry, put on board
the Queen City. and in a few minutes
were landed on the Kentucky side.
The Gazette in commenting on The
above, says
The sly, underlanded way in which
the re delivery of the slaves was made
at The Court House. probably prevented
a scene of excitement that might have
resulted in disastrous consequences. Be-
fore the negroes present in the Probate
Court, waiting for the appearance of the
slaves, were aware OF what was in pro
gresS, by the summary process of Judge
Garter, they were being conveyed TO
the boat TO be carried back into slave
ry."
A motion was made by Mr.. Jolihe, be-
fore the Probate Court, for the issuing
of a writ against Judge Carter for con
tempt of that Court. The motion was
discussed at some length by Elr. JOlliffe
and Don Piatt, who acted for the slaves,
and Mr.. Peat for the Shareholder. The
decision was deferred for consideration.
The G,zdte further says:
"This case presents another conflict of
Jurisdiction and judicial action in oul
which is fast becoming areproach.
While the Probate Court was anxiously
the arrival of the slaves, on a
writ returnable at 9 o'cock, Judge Car.
.er sends them back 10 the custody of
master.
"Iu the face of this summary action
II Judge Garter, also, we are assured
hat That gentleman, previous to opening
lis court in the afternoon, had a CONVEX
alton with Judge Burgoyue, in which
lie professed a willingness to leave the
inal disposition OF the matter 10 the Pro-
pate Court, and assured Judge Bur-
,oyne, in so many words, that he would
IKE no further action IN Tie premises
Ialf an hour later, he ordered the Sher-
# to deliver the slaves into the custody
f the gentleman claiming them as his
property" If such Was the language
{ fudge Carter-and we do not hear it
ontradicted-he not only violated every
%rinciple of right and courtesy, but be
las laid himself liable to severe seBsure
herefor, if moi to a charge which may
e~rlcuslv affect his judicial POSITION
he question as 10 whether he could le-
order The slaves before himself, by
corpus, while they were virtual
' in the custody Of another Court of
peient jurisdiction becomes one Of
import, and we cannot but regard
is position in the matter as one decided
? unenyIable."