, 1860-03-01
SECOND DAY-0PESiSG BF COUNSEL.
The Tc4t1In Ouy.

SECOND DAY-0PESiNG BF COUNSEL.
The sttInony.
The United States Court Room gave much
larger attendance yesterday, the second day Of
the hearing Of the wel1known Ottawa Rescue
Case, both from the rumher Of witnesses sup
pnnaed and in attendance, and OF spectators
OPENING III {. 5. DIST. A71onSEr PITCH
The opening Oh the part Of the people was
made by Us. Dist. Attorner Fitch. lie remarked
that this was case brought under the Fugitive
Slave Law of 1850. lie briefly referred to the
origin of the law as based on the compromises
on which the Constitution was founded lie
rend the portions of the lar alleged to have been
violated by the defendant, and the penalties.
which latter be said were she lishtcst kaown 10
Criminal Law Of the United States.
In tile indictment two Of the four original
counts have been quashed, the second and third
raigued. In these it is alleged that the slave
"Jin,," Of one Richard Philips of Missouri in
September 1859 was fugitive and was Ly
his master reclaimed in this State and brought
before the proper authorities at Spring.
field, ILL.,; that this slave "Jim" was in tic
Mouto ol Octoper rescued ~ dcfcnd2ht. actln::,,
with other citizens Of Ott1=a. from the custody
Of Isaac Il. Albright Deputy u. S. Marshul.
The third count Is substantially the same. with
the nse Of the words "aided to escape"
The people will ptore that. the slave was the
properly Of Mr. Phillips Of Missouri; that lie
escaped in September. lsae, and subsequently
his master found tue slave was in Jail in Uniol,
county, arrested under the Black Laws Of tue
State, an arrest with which Mr. Phillips bad
nothing to do, but OF which accidental fact lie
aSai1ed himself in tile rccorery Of his property
The District Attorney very fully reviewed tile
facts The people are prepared to establish, which
will however come out dul5 in the eyidcnce.
NE. ARSoID's oPES1:9 For DEFENCE.
Mr. Arnold commenced By referring to the
h,gh character Of the defendant and his social
position.
III. Hossack is arraigncd icrc for doing that
which but for this Law would receive the con,-
mendation Of cycry one, eren the District At
torney himself Grcc5ans, ,llungarsans and alI
uaa.iud have our e,.hpalht' in ttcsa struggles
for liberty, but in this case aiding a man in tue
nttempt to secure lis liberty is constituted
crime. This is the character Of the offence and
OF the law.
In this case proof mast be so clear and 50
conclusive that there must not be q scintilla Of
doubt. This statute is Of class that must be
strictly construed, and must always be con-
strucd in fayor Of liberty. The issue III this
case is Us to whotE.r the parties who were at
tempting to take this man on: Of this State were
attempting to Etdnup, or whet thcr they were
acting under the fGsS.
s4all start with The principle held up By the
"Escry man, black or white, On the soil OF the
State Of Illinois is presumed to be free"
Yet men without process seize men, aud this
was the character Of the arrest of the negro
Jim.
We hare statutes against kidnapping with a
penalty Of from to years. We shall show
5ou the arrest Of Jim without PROCESS and IN at-
tenptt to kidnap him, uul these men did what
they did to set man at liberty illegally de-
tanned.
Here was man supposed 10 he free. Heis
arrested without process, in free State. They
attempt to take him into the State Of Missouri
under tie Fugitive Slave laws: II IS for them
to show they were protected, and that they
hare complied with tile laws Of the United
States. We ask the Jury to cause this man 10
prove his right and legal title to the negro II
q man is Illegally restrained Of his liberty any
:.s :.s aiding him 10 escape is performing duty.
II MIR. Hossack believed and had good reason
good reason to interfere, aad not to be deemed
acrime.
Tie first and fourth counts have been quashcd
as bad, two counts remain charging him tres
cuing" and aiding to escape" The prosecu.
tion must establish that on Sept. 4th the negro
Jim WINS the property Of Phillips.
Also that Isaac n. Albright wsss on the 18th
District Of Illinois, and the evidence Of the de-
fence will be that be WAS not then and was
never duly qualified.
We think ttley vii. fail to establish that Cor
neau was M q. s. Commissioner, and that be
issued q warrant, and a knowledge of all this
must be proven upon defendant. appreheDd
that the case, viii from difficulties OF u legal
character, ncrer reach tue jury, but if otherwise
the prosecution mus: next prove that Hosack
aided and abetted the escape, aud that le knew
the man was in The custody d: the U. S. Mar
shal. There will be no controversy upon the
law. Crime consists in TIE iAteatioa, and it
must be shown that it was done under
knoTledgs. In es:e Of Wellington, in Ohio; it
was laid down that-it must appear that the de.
fendant knew that tEefugitve Was lawfully de:
taincd. So in -the case Of DEiscol. {3d Nc
Lean.)
Mr. Arnold closed with briefly presenting
whot tile evidence in this case will show for the
defense.
hr. Knox asked that tho witnesses Of the de-
All tue Witnesses eworu for the defence were
requested to withdrew from he Court Room.
THE: TESTIMONY.
Richard PA.uips s,eorn.-Reside in New Mad
rid County, Missouri; hare lived there since
1890; am farmer; own good many slaves
hare been farming since 1920; the boy Jim be-
plantation Of raine, Is miles from where
lived; he then ran away with another slave
first knew Of his escape on Sept. dth; first
heard where he WAS on October 18th or 18th !;
heard he was in the jail at Jonesboro'; never
heard where he was before that; Jim Was a
farm hand with tue rest Of the boJs; my plan.
tatiou is in Missouri; it is under my Immediate
control; it was from there lie escaped; l had
advertised him; went to Jonesboro' and went
to public house; then went to the jail aud IN.
quired If there wis negro boy in the jail they
said there was; went III and saw The boy Jim;
says the jailor to the boy, "Who is that:" Jim
| said, "My MASTER"
Mr. Goodwin, Of defense, objected, and urged
the ruling Of Judge Wilson III the Ohio case,
where the recognition By the slave was ex
| cluded.
Tbs District Attorney urged the admissibilit5
Nr. Knox, Of defence, said the proof Of the
| property was material here. Now the declar
! atious Of a negro, even under oath, cannot bt
| admitted acuinst white man, and here ia tht
admission Of negro not under oath in mate
rial question that tells against the defendant
Ar. HossaeR-
The Court said the testimony il competent
The negro escaped. The man says be va. bi:
slaye, he goes ia pursuit Of him, and what tool
place there is competent as part Of the trans
VII; u. ' Eaor objected to ,he naked declaratio.
Of the negro. not to any act Of recognition q:
shaking hands, etc