The Texas Republican. [volume] (Marshall, Tex.) 1849-1869, 1859-07-30

CASE UNDER THI FUGITIVE SLAVE LAW.
A case Of peculiar character and more than
ordinary interest, both TO professional and hay
readers came before Judge Merrick, on Tuesday
morning, the facts Of which appear 10 be as
follows.
John Wi,mer, Of Washington county, Nd.
boppl, certain slaves from the late Gen. lingan,
Of Maryland One OF the women thus purchased
gave birth to u child who was named Agnes
Robinson The mother Of Agnes was sci frs at
some time after the birth Of Agnes Agncs her
self was also manumitted ~ her master, john
Wilmer. In isi7 Shortly after, Agnes came 10
Washington City to live, with the full knowledge
IL Daniel Wilmer the sou Of John W timer. and
in about the year / $40 hcrsei became mother.
Daniel Witncr now claims Agnes and her child
as fugitive, asserting his property IN them nnleF
a bill Of sale dated in lsli The father, John
Wilmer. died last summer. and the son madc ma
claim on Agnes until after the death Of his father.
Further. the bill OF sale under which be claims
them was never recorded in Washington county,
Md until the present month, though the girl
mad visited. for u considerable time, Daniel
Witmers place OF abode in that county.
The claimant, IN support OF his claim, pro
dnced q certain copy OF u record OF the Orphan
Court, of Washington county, Md, consisting Of
the petition Of the claimant. uot sworn TO- and
the deposition Of BENJAMIN W timer, setting forth
that Agnes had been the slave OF John Wilmer
the father OF the claimant. and was sold by him
10 the claimant hv bill Of sale. on the 9Th Of
May, sai, aud VIZ. snerwafds IN Tie possession
Of the claimant, and that she passed out OF bis
possession about twelve years ago. The record
contained copy Of the hill OF sale The origi-
nal was 10, produced here, aud II did hot appear
from the copy 10 have been Acknowledged on
recorded The deposition did not anege that
Agnes or her child had fed FROM labor There
was no Judgment OF The Orphans toar, and
the proceedings in that Court were confined TO
Agnes. the ehid n. being inclnded.
Mr.. Dayidsc, who appeared for the respond
emit offered ia evidence duly certified copy Of
decd Of manumission from John Wilmer the
father. to Arins dated July 18th, lsii, duly
acknowledged and recorded aud tie free papers
Issued t. her theFtupoh and hc oaitd vii
ups4s to show that the claimant never bad
possession of Agucs rs his slave that The bill!
Of sale had been virtually abandoned by the
father aud his -om the claimant; that shortly
after her mauumis.on she came 20 this city.
twhero her IA .thar, who bad bten maunmiil, I
by John Wilmer r,sidcd and he's since with
the knowledge Of the claimant, lived here rs n
frcc woman and hecn treated aud recognized as
such and TINT Agnes was in no sense q fugitive.
and could not be rcinnudcd IN this proceeding.
Judge Mouick ruled that. under the loth
section Of the Fugitive slave law, the copy Of
the record Of the Orphan Court was conclusive.
and that the only question was that Of Identity.
III therefore excluded the evidence offered in be
half oi the negroes.
II was Objected tina, the copy Of the record
could not be- conclusive rot being in aoeor,lanc'
with the 10th section. which relates TO courts of
record which the Orphans Courts are not I