Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1858-10-30
JUDGE M'CLUdES CHARGE IN THE
SHAW CASE.


To carry me, to fan me when sleep, aud tremblc
when wake;
For all the wealth that sinews bought or sold have
ever earned"
But the Court and jury were not acting As cizeos
hut men sworn 10 administer the law. 1t is no
4 injustice or departure from judicial decorum to
sny that from the testimony, if you believe it, the
prisoners intentions were brutal and inhumaE.
say Intentions not acts" But if the offence charged
is not established by testimony, lie is not guilty,
whatever else he may be guilty Of outside tbs in
dictment The stricness required in criminalplesd
ing is occasionally til: subject of complaint; but
this, the Legislature only has the lower TO amend
The prisoner indicted under the Act TO prevent
and punish kidnapping. The Act of Assembly
sets forth various substantive and distinct offences
under the provisions Of which the penalty is aim,
ed for example:
1st. BY force and violence to take and carry
away.
I'd. To cause by force and violence to be taken
and carried away.
Sd, By fraud or false pretence 20 entce or cause
to be enteed
4th. An attempt to take and carry away by en-
tcement, fraud or false pretence.
5th. An attempt TO entice.
Either of these are offences punishable under
the Act.
! There are six courts in the Indictment, and each
count charges distinct offence. The Court then
goes on to explain the necessity for these different
counts, and particular reference is had to the
statement in each count as to Ferris being "a free
mutatto" and "a citizen Of Pennsyicania". Refer
once was then had to whether the design of
Shaw towards Ferris would come under this Act.
Counts first and second. which charge force and
violence alone, not adapted to the evidence, and
on these the prisoner is entitled to acquttal.
For any act done is Missouri or elsewhere out
of the State Of Pennsylvania, this Court has no
jurisdiction"
The Court then refers to the Act of 1S47 under
which the prisoner is tried, which repeas the Act
Of 1926, and makes it necessary that the person
abducted or enticed away shall be free negro or
mulatto. Each count of the Indictment is framed
in accordance with this The Court then refers &c
the requirement Of the law, that as the Indictment
AYERS that the prisoner committed The offence agast
a free negro or mulatto it is incumbent On the
i Commonwealth to prOre it,
In sylvania, the presumption is that every hu
man being is free. In the Northern and Southern
site. There is also another presumption, which is
that prisoner is innocen: until he is proved gull.
| ty.
Slavery is local institution; depending on mu.
nicipa regulations. If person held AS a slave in
one place go 10 another where slavery is toler-
ated, he is Tree. This would be the case here, il
the UuiteI States had made provisions on the
subject. The Court then refers to the provision in
the constitution Of the United States, referring to
tugtiVes from service or labor. There had been a
great deal eaid by counsel about foreign powers,
4 etc. The States are foreign powers in one sen e
and IN another they aie not, In the ordinary
sense, thev are the same-the same offspring and
governed by the same laws. members of one com
mon body polite. They are separate and distinct
as the pillows, and one as the sea.
Penal statutes must be taken strictly 1t is a WE'LL
settled general rule that in indictments for criminal
ofeuces under statute the words must be in the
, language Of the statute.
Ii any owner pursues q fugitive from labor. un
der the form Of law, he must provo him a slave
, The burden Of the proof lies the claimant, be
} cause the presumption is that he is free. Refer
} ence made to the decision Of the courts tina
the Act of Assembly of 1896 i which made it mis-
demeenor to abduct man, whether free Or slave,
was UNCONSTITUTIONAL and Judge Mcclure went OF
to say. If in criminal prosecution, the preSUmp
toa vi freedom is proof, then there is no difference
between the statute of '26 and that OF Al. The
gist Of the offence in the is the abduction oi
free mulatto. If the jury believe from the testi
umOny, that Ferris was not u free negro or mulaItl
tney cannot convict the deeudaut. If tboy believe
otherwise, they consider whether the evidence
shows him to te guilty under any CONT Of the in
. dictnent. The Court :hen drew clear dstinc
tiou between Intention and attempt. To constitute
an attempt acts necessary and where man
discloses an intention. and his actions correspond
with his Intention, it is fair presume that hi.
actions the offspring of his intention 1t is fol
! the jury to judge whether the acts of the defend
ant were in accordance with any count of the in
Iictment. An attempt TO entice or carry away is
violation of the statute, but an unsuccessful at
' tempt to induce another to entice, does not COM
within the statute. Under the common law count
of the indictment, if the jury believe Ferris is
n white man, these counts apply to the case If the
. believe Ferris is not a white man, and not fre
u pegro mulatto, then the prisoner is not guilty
because it has been decided tha. capture is not kid
o mapping.
$ Mr.. Swartzweder asked the Court to charge q
h follows, but afterwards withdrew the request:-
" That the jury could bring in special verdict: stat
d ing certain facts which proven, and the Cour
would decide whether under those facts, the Of
: fence is made out. The jury thea retired, anC
. after short absence, returned with verdict tina
{ the defendant guilty, uLder the third fourth
e fifth and sixth counts Of the indictment. and no
y guilty ON the other two.
l. Mr.. Swartzwelder made motion for new tria
and in arrest of judgement, stating that he woulC
y Gle his reasons soon,