Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1860-04-24

fSpccial report loE TIC E"uloHct.
WoopsrocH, SHENANDOAH CorSrY, VA,
Thursday, March 18th, l>6a.
The examination In the case Of James b. Ea,tham. 'hnrs
al Isl in the following Indictment, commenced here t'"ia!
before the Cour, OF justices for this county:
O. ,rx OF VikGrSIA, SHENASpoAW County, To WIT:
In the Circuit cour, Of SAID county, we. The Sr an io 1n
rors u, The Commonwealth of Virginia, In and '"T lhe "o"s
Of the County Of SHENANDOAH, and nov attending an"n ~
said Csur;, upon our oatlls present, that Moan . hart's
George l.. Nrncaic and James d. Eastman, on var" w ~ =
November, IN the year one thousand eight hundred anu M
tye,sht, In the said county, Il woman slave Hh,,s" """" 81 4
the value Of oac thousand dollars, ana ur tSU aE." siavr-,
Of the value Of Eve hundred dollar Of We. ~ 49, fr,lr!.
tells Of Sarah Burner, then aad there petnE 10. .Su" ,.,cea nL
ously did steal, take AID carry away gains ~
dignity Of the Commonwealth. u oatlrs, do
And We, the Grand Jurors aforesaid upon "I :, nenrair
tas;hss prssehl: .ns. 1,' q" - Isc third day Of November. N
the year one thousand eight hundred =" ",n ihsus.nd dol.
man save nah nS;iir ~" o. said julia, whose names to The
Jurors are unknown. also slaves: OF ~ = WNr rrt E;rI then
dFed dollars, ol tMs sS' Sslonionsiy did steal, take and carry
nna lhere ueI , s.. rsac. and dignity o; the Commonwealth.
a"ni, s aS. i, found upon the evidence OF y. }:
Ihis prssS an- i,ow,ran, Il. NJ. Mooney, A. c. Bryan and
r"nisM, ,rSs Of the county Of Rockingham. witnesses sent
by the Court '' ISAAC FRONT, Foreman.
SAMrL WILLIAMS, Co. elk.
ro.wi,h>,andinr the charge set forth in this !nIictmehi,
The offence, us will be seen by the testimony, consists mere
Nv In Mr.. EaS,ham's having purchased negroes from Moan
J. Burner, knowing the same /" nave Dee" uA"e' d "ee"o u
trust.
the following counsel were engage! in the case: For The
Commonwealth. Mr.. Eoheft INSS w SttcHA"u dH" w
NAL I:rI Of Woods,ocs; for The defendant, AIeSsrS. Phil
IN William. Q! wincl-s,eE, James W. !. Allen OF Hardy,
J.Y. Menc:ec Of Eappaiaancci, aud Noses Walton Of
MIR. Bird opened the case for the Commonwealth, in n few
remarks embodying the main features OF the charge. lie
read the indictment as given above.
Mr. Williams, aner briefly commenting on the amounted
character OF the Allotment, proceeded 10 SOY thai ,ihS
prosecution was gotten ur not until August, lst!. ~hIe Ihe
alleged offence was committed In November, laos. II was
gotten up in the absence OF Mr. Eas,nain' who WAS IN the
Stale Of Texas. 1t was gotten up, n", by voluntary inl"t
.. IT,, ,;., for "a. at..r nS is customary IN SuCn
cases, but BY II prosecution Instituted before a GRAND Jury,
as we shall be able to show the Court; no; by ANYBODY who
clsithcd this property, but Ny 4 gentleman who WAS the
creditor OF George l.. pcncaic, and who WAS seeking to make
the debt out OF hin ty snhjeci;ng the negroes in TIE POS
session o! Eastman 10 The payment o! the claim. ms
prosecution was gotten up, moreover. IN order tl!i; II might
be held in ttrrorem over Eastman. 20 Induce him TO give
up these slaves; and We will show that Mr.. Allen [; BRYAN.
OF IIarrisonhurs, did get up this prosecution. AMI that he
wrote 4 letter TO the father Of Mr. Eastman, TO get him 70
inGuee his son 10 give up The negroes, in orHer I" save '"rn
from the y: osecu,ion which was subsequently hS'''stS''
The only question, then, Is, is Mr. Eastman guilty Of
stealing these three nssross, or az! o, anen: .h nS WE. VI.
Court would be bound 20 s.nd h:a on Cor trial. Mr.. East.
ham was in the State Of Texas. ANA when lie heard this
prosecution was gotten Up. hc came back from Texas {"
NEE; the charge.
Mr.. williams here read the sta,a;" relating 10 the eNa:.
inat!on Of persons charged will, felsly, FROM which It hp-
pears thai, the examining court would BE- bound to send
the person 30 charged on 10 The circuit or general court, IL
i, appeared tina; there was probable cause TO charge the
accused thc:ewi.!l, or discharge him II such probable cause
did not exist.
The prisoner, continued Mr.. W, is prepared TO show that,
so lar from StcIiuS tNtSt !eSIofS, iC uousLs lieIu, uIu
bought them IT what was really Il fair price. So far Is he
was informed, this prosecution was Instituted under the
Idea that these negroes were, in some way, the property Of
George &. Dsneals, anal that the prisoner at the bar aided
Mr.. Dcnenlc in removing his property from his creditors.
We deny utterly this charge. The question Involving the
right Of Mr. Eastlaia 10 the negroes now In his possession
would soon be fully tested hy civil process in the state OF
Texas. This Is the only mode to settle this question Of
right OF property in these negroes. Shat he desired to call
the attention of the cour; TO. was .ie simple charge tina,
Soai, J. turner, George L. pruealc. and james u. Eastman
lid steal these negroes, and he wished the court to rerucin-
be- that that WAS the sole charge. lie hnu no doubt that
the gentlemen or the other idle were unwilling to 20 itto
an Inquiry as TO the manner in which this prosecution was
gotten up aud by whom. lie WAS anxious that the court
should see that j; WAS M: satien up by any claimant Ia
hi. property, ard that i, was not gotten up until after 4
ispss Of ten months from the time 4; which The felony was
alleged 10 have been committed, and even then before u
Grand Jury, and through the iH-trumYn:aiiiy Of pe:Soms
who were rs'ns this commonwealth I" promote Their own
Mr.. Doyle followed Joy the Commonwealth in II few re.
marks, IN which. he stated, that i fiji appeared TO the court,
that the prisoner At the bar was guilty Of l. criminal offence.
though not Of the offence actually charged. they were bound
to send lin on.
Mr. Doyle then read the following statute, from the Acts
OF Assembly, Of ls15-5G, which he stated was applicable 10
cases Of this character:
BE it cuacted by the General Assembly that the 2ith,
18th. 10th. 2I;h ami 18Th sections of chapter 1872 o. the Code
OF Virginia, be AM the same are Errchy amended and re-en.
acted, so As TO read IS follows.
"Any free person Who shall carry or cause to he carried,
out Of ANY county or corporation. any slave without the
cous-n; of bis owner, Or The guardian or committee of the
owner; or who shall attempt 10 carry oil, or aid, or con.
nire At, o. be in Any way concerned in the escape Of any
sIovr w.b MEN, To- d.fruul or ,i.rriy, III. owner OF such
slave, shall be prosecuted therefor III such county or corl,o-
ration, and be confined in the p"uiiea;iary not less than
Ave nor more. than ten years; and Shall moreover Un lien OF
damages .or:-it TO The owner double ;ie value Of the slave,
and py to him all reasonable rNp,nccs incurred by him
In reeai.ins or attempting to regaia such slave; and the
publicly whipped. tc EUch a.! extent, aril 1T >Gch times rs it
,a.y seem tit. II the person 50 offending shall At The tire,
br in command OF, or he attached TO Te>sei, The same
shall be forfeited 10 the Commonwealth"
SIR. Williams followed in 4 locciaie arclir:ent a:a!i> tc
positions assumed by Mr.. Doyle, rc:narlinS at the outset,
that he never knew an as:is'a;!: prosecutor who was no,
more rigorous in the discharge Of his duly, than the regular
prosecutor. lie was a~s'on'shet! to hear The gentleman read
slaves TO set them free, and urge IL as applicable to the case
under consideration. This Law was enacted merely 10 pu-
nish aboltoristS, or persons who cn:Uc here to run oil Our
slaves. II any thing could show more clearly THAI another
that which he had jus. stated in regard TO the Create: Sc
ysrie:y OF assistant prosecutors than " The regular proSecu'
tors, il was iMr presentation OF this statute as the one appli.
cab'- TO the case before the cou;:. In RESPECT 70 the trial
Of, a nan Tor an oIcuce other thsn that for which he rs in.
dictcI, he, jMr. W. would say, that -uch a course was not
jus;hiablc upon any legal ground; according 10 that, = nam
on for murder. NJ. ". argued further a.ain>. the iuris-
die,icn Of the court TO act In ic malGser si2icd hy Mr..
Doyle. .
slaves, Mr.. ". said, it Was hut an addition 10 the statute If
1870 upon that subject, which reads - follows:
Any free person who sltal carry or cause 10 be carried
out Of any county or corporation any slave, @ithout tbs
consent Of his owner or CT the guardian or committee Of
the owner, with intent 10 Ief.aud or deprive The owner Of
such slave, shall be prosecuted therefor in such COUNTY or
corporation and confined III the pcn!icr:!l:: not less than
Two nor more than ten years and Shall, moreover, I'm
lieu Of danasesl fo::vi; 20 the owner double the value Of
the slave, and pay him all reasonable expenses incurred By
Inn in resa:uinc or attempting 20 regain suc!: slave
In the acts q: Assembly oi isIS-i you VIII find This
clause, which IS simply aintndh;ory &; III. ac; OF $3.50:
"And the jury, in lis discretion, MAJ also conle;an snrh
offender 10 he publicly whipped, 10 such ~ extent and ~
such times rs it may seem tit. If the person 50 offending
shall at the Iime he in command of Oh he attacked % a yrS-
sci, the same shall he forfeited TO lie Commonwealth.
The Court will see that tina; has no;i:in: to 40 with ;hs
question: and il is not pretended that MIR. EasrhaIn il an
ShoIi,ioni,,. shn has come here to >;i,i, or :h.sc s;nvr,
He (Mr. W. WAS ~astonishcd to hear the gentleman say, that
on a charge Of stealing a slave lie should be tried uuicr
this act. The Court will see tia; the ":cnc" OF stealing a
- ..l,i. urliel, a.. urp eliza rtn1 J.. ln.. tiiu., all H..
offence OF attempting 10 run oil II slave rs an Aboltinni-t
Is another. For this offence the offender is Liable 20 i'Eni-h-
men. Ia the penitentiary: and he shall, moreover, forfeit to
tbs owner double the value Of the slave; nnd pay all rra-
sonable expenses incurred byiim in rcgaiGirE, or a;t-;Hlt-
Ing TO regain, such slaves. and the Jury. i'll rs discretion,
NAV Condemn the offender to be publicly whipped. II The
person SO offending shall, n, the time, Ne In command e mr.
be attached to n vessel, the shame shall be forfeited TO The
And has i, come to this. tina, in this free country ot ours
4 mau Is to be charged with one offence. AMI when he comes
here to abide the ISSUE ~ a trial, or examination. he i. I"
be charged with another when the first Is not su.rair"'I?-
Who would be safe in this country !! ;hiS course Of proceed
ing was to be allowed:
Sir. ". closed witt = Few other remarks, showing that
the individual, who Instituted this prosecution was ai;einpt.
inr to u,c the Commonwealth for his own private purposes.
MIR. Bird here offered the will OF Jonas Burner 10 show
that the slaves reyton, Daniel, Jane and Julia (some Of
whom are Involved Ia this case were bequca,led to Mrs.
Sarah burner, his wife, during her life, the title therein with
the increase OF the two latter TO revert to his son Noah
;ths,e slaves durins Ills mo;aer's life and contrary to ths
terms Of the will, giving her - life estate in them. and MIR.
Eastman houSh, them while they were under Il deed Of trus:
which constitute the real foundation for the charges gel,
forth In the Indictment.
TIr EVIDENCE.
Mr. Israel Burner was the first witness examined.
Mr.. Ylra-Wil you tell the Court whether you were the
owner Of the slave Julia bequcatled with her Increase by
YOUR father to your neither, Sarah Burner during hr- life
tnt?
W!,ness-l was, sir.
Mr.. bird How did you come 10 he the owne. o. Ja!ia:
Wiluess-I bough! her.
Mr.. Bird-Frcm whom?
Witncss-From Noah J. Burner.
Mr.. Wliiams-liad she any chill ircn when you hou"h:
herr
wiincss-I think she had one.
MIR. Btd-l!aI she any children afterwards"
WItne.s-Shch had one since.
ar. H!rd-who was the owner If this woman and her
children Ia the fall Of 1859
Winess-They belonged 10 me and my mother.
Mr., Rird-iou had possession Of them at that time.
Winess-My mother had possession Of them in lsJS.