Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1859-11-25
THE HYANNIS SLAVE CASE.

The Boston Journal gives a condensed
account of the Hyannls slave case, which
came to trial in Barnstable Co., Mass, last
week. The lack of sufficient proof that the
alleged kidnapping was in the county of
Barnstable, we understand to have been the
turning point of the decision. The respond
ents were acquitted. The material facts de-
veloped in the Court relating to Columbus
Jones, the alleged fugitive, were as follows :
1t was shown that be belonged to Ambrose
Jones Of Pensacola, Florida, with whose
heirs he has since lived like one in the ca
pacIty OF a slave although the Court ruled
out evidence as to his status at the time the
case originated. About the 18th or Doth Of
April last he left Pensacola and he next
turned up on board the brig Robertson. Cap
tain Orlando, Of Hyannis, when she was
three or four days out of Pensacola, bound
10 Hyannis. After the vessel arrived in the
latter harbor, Columbus endeayored to escape
but was put on board again and ironed. On
the 9th Of May, John W. Baker and Cor
ham Crowell, part owners Of the Robertson,
engaged Captain Edward 3. Bacon to take
h4N oAdNt ~ -NbIiDths III HIS cIitDDlttt III
zabeth B., then lying in the harbor. Ac-
cordingly they repaired the same day to the
schooner, where Columbus was brought in
irons, and Captain Crowell gave Captain
Bacon q writing in the nature of a bill Of
lading Of the slave. Captain Bacon proceed
ed to Norfolk, and delivered Columbus Jones
70 the Mayor, who handed him over t. one
Of the heirs of Ambrose Jones of Pensacola.
On this state Of facts, at the last September
term Of the Superior Court for the County
Of Barnstable, the Grand Jury reported two
indictments. one against CAPT. Orlando Of
the brig Robertson, in which was included
Capt. Crowell and J. w. Baker. her owners.
and Capt. Bacon Of the schooner Elizabeth B.;
and the other against Crowell, Orlando and
Baker for conspiracy to kidnap. The bills
were drawn under the statutes against kid
aapping and conspiracy, and particularly
the personal liberty act. Capt. Bacon turned
State evidence. The trial was on the first
indictment.
The first plea was as to jurisdiction. It
was admitted that Columbus Jones was taken
within the extreme headlands of Hvannis
harbor, but the issue was made as to whether
he was within the County OF Barnstable. The
counsel for the prosecution maintained that
all within a line drawn between points on
the opposite headlands, where objects can be
discerned from one to the other, is within the
jurisdiction of the adjacent county. The
counsel for the defense contended that the
opposite points must be 50 near that the acts
Of men could be reasonably discerned. The
testimony on this part OF the case was very
conflicting. The presiding Judge (Allen)
instructed the Jury that a County extends as
lar as an object be reas3na ly discerneI.
We need not refer to the various rleadings
and motions inasmuch as they did not stay
he trial nor determine the character of the
evidence to be admitted, further than appears
IN the material facts given above. The ar
Gument for the defense was made by Hon.
Caleb Gushing, who presented many points
of law. lie maintained that State laws, in
terierinE with United States laws for the
rendition Of fugitive slaves are violations of
the Constitution. The right Of "a mister to
ms fugitive slave was absolute and needed no
warrant, certificate or process whatever. II
- the rigato of any person to arrest a fugitive
as the assumed agent Of the owner. and r.
store him without obstruction. 4 fugitive
secreted On board Il vessel, Is in custody asan
involuntary deposit. An agent has the same
power u return the fugitive as the master.
and ~ ncv may be made valid from the be-
ginning by % Su5Scgusat ratification He con-
tended that the government had utterly
Jailed to show that the alleged ollensa had
been committed within the jurisdiction OF
ia nstable County. These points, which were
alb. enforced by Mr.. Cushing. were quite as
d'-t ''ntr3varted by District Attorney san
fort. who argued for the Government. On
the mt II Constitutional law. his argument