Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1859-04-05
TUESDAY MORNING, APRIL 5, 1888
The Doy Case ~ -. Joseph.

Missouri, has been Published, but not the man
ner Of The details are rich as well as inter
cstng, and we give them in brief
The council for the prosecution was District
Attorney J. NJ. Bassett, Sas Woodson, W. il.
Miller and Col Doniphan. For the defence,
A. G Davis, Attorney General Of Kansas, and
Ex.Gov Wilson Shannon. The indictment
charged John Doy and Charles Doy with steal
ing, abducting, and decoyng certain slave
named Dick, worth $500 OF $4,000, The prop
crty of BENJAMIN Wood, of Weston, Mo, from
Platte County Mo, on the first day Of January
1859 The testimony introduced by the prose.
cution recited that the slave Dick was oyerta-
ken about l2 miles from Lawrence, riding in
DR.. Dogs wagon that the party, consisting Of
the Dogs and several negroes, were going in the
direction of Holton, Calhoun County, Kansas,
that when overtaken Dr. Doy expressed sur
prise that the negroes were fugtives, and con
scented to give them up if they should be prov
ell to be such; that the Dogs and the negroes
were summarily bound with ropes, and carried
in their own wagon TO Missouri; that the negro
Dick had nothing with him but bundle of
clothing and his wifes miniature with a lock
of her hair-a horse laugh went around the
Court room when this fact was elicited-that
the capturing party consisted Of ten persons,
citizens of Missouri and Kansas; and that when
the negro Dick crossed the river from Weston,
he had pass from his master, authorizing him
to 90 TO Kansas to attend dance. The main
points introduced by the defense were that at
the time of the alleged stealing, abducting and
decoying, DR.. Doy and son were at Lawrence
attending 60 their usual avocationsi that DR..
Doy was in the habit of conveying persons
from one part of the Territory to another for
nav: and that he and his son had been con
stantly at home from the lst to the Oath OF
January. Several witnesses testified to these
facts.
The practice in the Missouri Courts is pecu-
liar. The Judge does not charge the Jury at
all after the argument, but before it, the coun-
ell on both sides, present certain instructions
which they desire given. After examining
them, the Judge gives such as he deems right,
rejecting the rest, and usually adding some Of
his own. The case is then argued In the
boy case the prosecution attempted to extend
the jurisdiction of Missouri laws some forty
miles into Kansas, by asking the Court to in
struct that, if the Jury believed from the evil
dence that Doy, directly or indirectly, had de-
coyed Dick away from Platte County, they
must convict, whether boy had ever been in
Missouri or not
Judge Norton, who tried the case and is cred
tied with having ruled very fairly throughout,
refused to give any such instructions, but took
entirely different ground. The most important
points of his instructions were as follows
Unless the jury believe that the defendant
was present in person, or was near enough 20
rive aid counsel, encouragement or assistance
to those engaged in committing the above Of
fence, if it was committed, they will acqut.
That the transporting of slaves from one point
to another, within the Territory of Kansas, is
no violation of the laws of Missouri.
The punishment for the offence charged on
Dr. boy is Imprisonment in the penitentary
not less than five years. The Jury is UNDER
stood TO have beeu eight for acquittal, and four
for conviction. After two efforts to agree, the
Jury was discharged. We append brief re-
port of the arguments in the case. They are
worth reading
District Attorney BaSSet opened for the
State. He relied upon notes or journal which
was said to be taken from boy. He called it
the way bill of anger stealer, of one who was
making preparations to decoy slaves DR.
Doy's wagon was travelling arsenal, dc, DC
III 81 al ba aHrg and
he called upon the jury to vindicate them.
.4HOrney General Darts, Defence.-We are
here under peculiar circumstances. We are
strangers Our witnesses are not within this
jurisdiction Why is not Mayor Wood herel
Why is not the Sheriff Of Platte county herel
Has any crime been committed! Has a negro
been entieed awayl This slave went away on
the authority of a pass from his master We
have shown that DIR. boy was at Lawrence, not
in Platte county, at that time There is not
particle of proof that he was in Platte county in
person o. by an agent on the 9th OF January
if Doy is to be convicted on the strength ofthls
paper (the notes or journal,) there is not a
man in the Jury box that l cannot convict of
hgh treason before tomorrow night. / say,
aud care not who hears me, and the men who
captured DR. DOy in Kansas were kldnappers,
who violated the dearest rights of American
citizens. The alleged admissions of Or Doy
are to be received with great caution. He was
hand cufIed in Jail at the time, and subjected to
the grossest insults Admissions made under
compulson or duress are not testimony, We
claim that DR.. boy was engaged in legitimate
business in carrying those slaves. II you con-
yict this prisoner without sufficient evidence,
you put your slave property in the greatest
jeopardy.
This Is a very meager report of an able and
powerful speech.
Miller, Prosecution. This is a case in which
the whole people of Missouri abe interested. 1t
is the deepest interest we have We stand here
as the representatives of ar outraged people
This man Doy belongs TO a class which has
mortal hatred of every man who calls himself
S0uthron-a class that would not only devas
aate our fields and burn our houses, but violate
our laIr-skinned daughters The Kansas wit
nesses are perured. ! will take tue testimony
OF a nan who stands well here, before / will
take the testimony of a hundred of those men
OUer there (pomting TO Elwood)-and so will
YOU. Why, Gentlemen, you'd blindtod my
5yes, and, p-ssing through this hall, put my
hand on one man, and another on the right and
the Jeff, and will believe the nnswom stale
ment Of any one Of these men quicker than i
will the oAths Of thousand men on the other
side of the river. You know. this man is a
nigger-stealef --he is connected with a company
which is engaged in running off niggcrs If /
was in that jurY-box and his evidence was be-
fore me, would remain skere until the worms
had picked my 1s:;=::, grain ~ grain, through
the key hole, before / would return 2 verdict Of
acquittal 80
Shannon, DsJencs-Goy. Shannon spoke two
hours lie made an argument, not passionate
appeal lie showed that boy had no connec
tion with Dick at the time alleged In the indiet-
ment-thnt he was fifty miles awaV That the