Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1859-11-28
important Trial.

CONVICTION FOR Emmanuel
Myers, Of Carroll county, Maryland, has been
convicted in the Court of Quarter Sessions
of Cumberland county, At Carlisle, Penn,
Of kidnapping. We condense from the Fred,
erick Union the following facts i'll the ease.
Myers had gone into PENNSYLVANIA 10 ar
rest three runaway slaves. lie with others
captured the negroes, and without appeal To
the Courts. under the fugitive slave law. car
ried them back into Maryland. On the
nth of June the Sheriff Of Cumberland
county, with another man. came into Carroll
county. and there conspired together with
the driver Of the stage from Westminster to
Lttestown, Ia decoy Myers across the line
into Pennsylvania. They carried ont this
plan. The stage was driven past Myers
house which is near Mason's aud Dlxon's
line, into Pennsylvania, and stopped, when the
stage driver held mp II pretended letter, which
he called 10 Myers 10 come and get. As
soon a Myers did 50. the Sheriff leaped from
the stage on him, oyerpowered HIM, hand
cnifcd him and carried him of To Carlisle
Jail On the trial Myers was defended by
VIM H. Mullen. Of Carlisle. and Bradley /.
Johnson e>qs.. Of Maryla land. whilst iona
than Meredith. esq, of Baltimore. appointed
hy the Governor. appeared on the part Of the
State OF Maryland. One Of the negroes was
proved To be !. slave. and tina prosecution
Tor kidnapping him was abandoned THE
other negroes il WAS proved had been man
united by will. bur had been ordered III
accordance with Maryland law 10 be sold
by the Orphans Court of Frederick roun
", to pay the debts OF the estate Of
the deceased owner. After the argument
of various points Of law, the Court iutrurt-
ed tire jury that the question for them to de-
termine was whether the negroes were legal
Iy held in slavery in Maryland before they
escaped. That TIE order Of the orphans
Court was conclusive evidence only tina, they
were ordered 10 be sold as slaves, and not
that they were in law save--tor if they
were not slaves before, the order could not
make them slaves. That under the law Of Ma.
rylund = legacy OF freedom rs "A specific lega-
CIV, Ia which the assent ol the Executor gives
the slave perfect title. and makes him free.
That IT the executor suffers hIm 10 80 ut
larg. he gives such assent, and that the man
ner BY which they were to determine wlretE-
er such negroes were free. was 10 find wheth-
er they had actually gone at large before the
structIons the jury returned Il verdict OF gull
". The conviction makes Myers liable to
not less than five nor more than ten years
in the penitent:ary, and fine of not less
than 5000 for each Of the two negroes alleged
to have been kidnapped
During the progress Of the trial Mr..
Meredith stated he took no part III the trial,
except to protest III the name % the State al
Maryland against the jurisdiction of the
Court 10 try the question whether the negroes
were enfitsd to their freedom in Mary land.
lie argued that the question 10 be inquired
into by the Court and Jury WAS. whether
they were "heid IN @Irirr." That the Con
sti'ution Of the United States gave every man
II right to capture and take back with him,
every person "hrh to Serr,ce" BY linn who
ran away. aud ;lIat II" court could question
the legality Of that 'hoii'ng," unless III the
State where the "h"hiimy' existed. llrthcrr.
fore placed before the court the protest of
the State which lie represented, not being
Of counsel for the defendant -Bdtimprs
.imriIruH