Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1858-05-15

very cheerfully retract what | said in relation TO
them. | have never heard Churchill or Elliott
charged with completely with those frauds. nor
dc ] know aught against their honesty. | make
this correction simply as an act Of justice to them.
As to nay arrest the Gazette is a little wrong
O'keete came to the Office, called Cor me, and ]
osme down stairs. lie said, "An old friend wish.
&c to see you as The Pewter Mug" | understood
the case in n moment, and smilingly as usual, l
said "IUld on n moment" lie, OF course sup.
posed l stepped back to arrange my papers, and he
held on a minute--for aught l know, half an
hear. | left by another door, and went to my
erJtber-in. laws or rather one of them, for j
have a number here. This is all that trenspired.
l did not see either of the Cincinnati officers, and
was mistaken as to Who they were. Respectfully,
w. NJ. CoNNkLLY,
N. B. You will confer a favor which may pos
sibly some time be reformed be If you will Wy return
mail inform me whether the suggestion | made is
feasible. To relieve my wile's anxieties, | would
willingly ply the ox ponses incurred coming after
me: but il the thing must be pushed through for
vengeance, then l will, as you would probably do
under the circumstances, keep out of the way
To be frank with you. | have also another roa.
son If tho affair is settled, | can remain in secu
rity attending to my profession, and otherwise l
will have to support rnyt elf as an itiuerant lectu'
rsr Of SOM sort, which, though perhaps as profit
able, | dom. desire.
The prosecution here rested their case SO far
as testimony was concerned, and the defence de-
slining to call any witnesses, the District Attorney
opened for the prosecution.
lie commended that the proposition which lay at
ths base of tho prosecution was, that, en- the 18Th
day of June last. Irvine and Angelina Broadhus
were, under the laws of Kentucky, owing SER
vice and labor to Col. Withers. In support of
this proposition, he read from . and 9 Ben Mon.
roe's Reports, and from 10 Howard, a coDsidera
bic portion of the reports of the Strader, Amer.
lea and bred Scott cases. In the course OF his
remarks ho took occasion to speak Of the Fugi.
tive Slave Act of 1850, as one which was signed
by Mr.. Fillmore when his learned friend (Ex Gov.
Corwin) had the honor to hold a seat in his Cabi.
net. This little hi, was much relished by the
hearers.
AFTERNOON SESSION.
The mex. question was, Are they fugitives from
shat labor and service =? On this, hs thought
there could be no dispute.
The next question was, Did this defendant
ksrbor and and conceal them !? They were found
in his room they were there secretly kept there
by his knowledge and consent, and he took food
10 them.
Did VIM. NJ, Conelly know that they were fugi.
tives1 1t was not necessary that he should have
~nformatio from MIR. Withers or his agent
Didn't his conduct show that he knew them to be
alsvesi Didn't he carry food and provisions to
them clsudestinely?
Judge Stallo-Will you permit me to ask who
testified that he carried provisions to these people
II LhALbi bO1-f y AN2is 4hilNJ w ~
sure. Is the jury called upon to stultify themselves!
lie carried provisions secretly and handsomely
in the dark of night, with an excuse upon his lips
90 avert suspicion.
The District Attorney referred to the letters Of
Mr.. Connolly, and used his admissions to prove
that he knew that they were slaves, and that his
opinion that they were free, prior to the Dred
Scott decision, was IN attempt on his part to SCI
up o law in his,own breast higher than the Law Of
the country. Buff he was ignorant-i9norantid
itgum ReD1lnem e1cusdt.
He read from ". Washington, 800, to show
that if a man hindered a claimant to i~ugitives, il
his attempt to get them, he cou,d not plead igno
rance of the law.
The letters were again referred to and Mr.
Matthews said II take this occasion to say tho
have no apology to make for the introduction 0
these two pieces Of evidence, whether they max
Tor the accused or against him, Notwithstanding
they were marked confidential, and addressed t
me in my character as a Mason. No man chare
ed with crime shall approach a public prosecutor
So, If these lettersmake against him, he ha
himself to thank if for him, hO has me t
thank"
A decision found in Q Mclean, GOT, was REQ
to show what harboring and concealing meant.
The intention and not the act was, the DistriC
Attorney contended, the proof Of harboripg.-
In other words. you might give a fugitive sla'
cold water add bread without the danger Of pro
scution. if you did not do it with the intention
S~hb hi" W SoSopS'
THE D FENCE.
Judge Stallo opened for the defence. He So
he should confne himself strictly to the law al
evidence. lie would not waste words in chara
terizing the Fugitive Slave Act. lie might have
allude to the act, but should do SO only incidentf
~. The law was doubly penal. He commended tbs
II penal, il must be construed strictly and litterf
ly. He was surprised to hear the District Alto
aey contend that the law should be construed n
a-4 Do 70. ,ln,- o4s@. lA -
trinsic Facts.
lie quoted largely from Sedgewi,k or Statutal
and Constitutional Law, to show that Judges ar
legal writer's were mOre and more inclining to SEE
the meaning of the legislature of any Statute
the Statute itself. Particularly was this the ca.
with penal laws. They should be construed to ii
very letter.
The Indictment in the present case has but on
count, viz That of harboring and concealin
fugitive Slaves. 1t is based upon the Sth Sectio
of the Fugitive Slave Act Of 1850, which PR
vides that q person who harbors and conceal
fugitives so as to prevent their detection and arrel
BY their owner, shall be punished.
Applying to this section the rule Of strict co,
struction, Judge Stallo proceeded to show Il
meaning OF the words $50 as to-" They coul
not mean with the intention Of" To assert tn,
they ceeld have such q meaning, one must unleal
the English language and forget the plain rules
grammar, and if there were any doubt how ,hei
words should be construed, it would be %suficiel
to look at the 18th section, which provides tn
persons convicted under the law of harboring ar
concealirg. shall pay to the claimant $1,000 Fl
each slave "lost as aforesaid" Where ''afor
said"2 Where but in tho 9th section. 1t WI
plain tina. the law referred to results, and not i
t~entions.
He next alluded to the Foundation fact" of IL
Prosecuting Attorney. He was sorry tina, til
gentleman had deemed it necessary 70 quote
authority a decision on which he had hoped neVt
to be compelled to express an opinion. lie refe
red to the decision in the bred Scott cause. II
didn't wish to speak about it, for ne was not wi
ling to confess his ignorance, particularly in pul
lie and he was unable to zee what was real
decided in that case. lie knew what the syllab,
said. but he could not find in the decisions Il
confirmation Of the syllabus.
Judge Stallo argued, that il the law which 7
duced to slavery a man who had become free
going to q free State, and then returned to q sla
State. was sound. then. BY like reasoning, Il
the man who same back to a free State was age
free. When the man came here he was eth