Marshall County Republican. (Plymouth, Ind.) 1856-1878, 1860-06-14
The Case of James Waggoner.

James Waggoner was brought before
Mayor Hawkins. of Newport, yesterday,
on writ Of habeas corpus served upon the
jailor to show by what legal right Wag-
goner was detained in jail.
Three witnesscs-John Whiteman, Eliza
5. 'Whiteman and Mary Miller-testifcd
that they had known James Waggoner
and his father since 1852, and that they
had resided in Ohio since they knew them,
and were slways regarded as free people
The affidavit of Joseph Thomas, of Gin
cinnati, was read. stating that James
Waggoner had worked for him as team
ster and that during the time Peter Wag-
goner had visited James, and they recog-
nized each other as father and son. The
affidavit of the father was read, but the
testimony of negro not being legal in
Kentucky. it was not admitted as evidence.
We give its pith, however. Peter states
he was a slave, but had been set free by
the will of his master, Peter Waggoner,
for whom he was namcd) in Wythe
county. Virginia. in 1928. That he re-
moved to Ohio in 1881, and that James
was born in Brown county. Ohio, since
that year. and had never been in Virginia.
The evidence on the other side showed
nothing whatever to disprove the foregoing
facts. but two men from Virginia, who, it
appears, came here in search Of fugitive
slave, stated that they knew Peter Wag-
goner, the father Of James, and that he had
been set free in 1927. but that the will was
annulled in lS43. One of these witnesses
also stated that James lescmbed a negro
who had ran away from Jacob Waggoner
about FIVE years ago, but he could not
identify him. 1t will be seen that James
was born in Ohio before the will was
annulled, two facts which, admitting that
that could affect the freedom of his father,
coild not affect his.
Alter hearing the testimony, the Mayor
stated that he had no doubt from the first
that James Waggoner was slave, and
had heard nothing to disrrove him such !;
therefore. he reman ed him to Jail. Hard
ly had hc reached it when he was hastened
into buggy and driven off to Alexandria
to the auction block. An Injunction,
however, which had been sued out, was
Immediately dispatched. but the party hav-
ing the negro in charge were few minutes
ahead. AS the party nearcd Alexandria
Col Smalley with one of his fastest
horses drove up. passed. the pursuers and
reached the Sheriff's party. informed them
of the injunction on the way. took the me-
gro into his buggy. and reached Alexan-
drla first. No one in that place either
saw or heard of the sale, and when the in
junction party reached it they heard that
the negro was purchased by DIR. j. O.. A.
Foster Of Newport for 500. on his note,
endorsed by man named Nelson, who is
pecuniariiy irresponsible; but the negro
had been spirited away, nor could he be
found or heard Of after the strictest search
and inquiry Gin. Gag.
This negro Waggoner was Kidnapped
six months ago. lie proved that he was
free man. But nevertheless he was sold
for Jail fees, and by the Infamous trickery
detailed above. All the glory of Ken
tucky's past history is dimmed by the
commission of such horrible wrongs. Fu-
ture generations uill never recall the daring
Of her pioneers without recalling the infa-
my permitted by their descendants. Wag-
goner. by actual theft. is condemned to a
life of bondage from which no cry Of his
can ever reach Court, or any power that
can release him. Theoretically there is
some redress for illegal enslavement allow
ell in Kentucky. but practically, and under
the pressure of Democratic prejudices, it
| is utterly worthless. No negro can. l.y