Cincinnati daily press. [volume] (Cincinnati [Ohio]) 1860-1862, 1860-06-05
NEWPORT NEWS.

NEWPORT NEWS.
DECISION IN THE WAaGoNER CASE YEsTER-
DAY-HAsTY ACTION OF CERTAIN PATRIOTIC
INDIvIDUALs.-Day before yesterday habeds
corpus was issued at the Instance of James
Waggoner to try the legality of his imprison-
ment, and the Messrs. Webster retained to
prosecute the writ. 1t was made returrable
before the County or Circuit Judge, but as
neither OF these officials could be present
Mayor Hawkins acted in the case.
On behalf of Waggoner three witnesses
were examined-John Whiteman, Eliza s.
Whiteman, and Mary Miller--all of whom
testified to having known both James Wag-
goner and his father, Peter, since 1852, and
that they had resided in Ohio all that time as
free men, and that where they were known
no one had any suspicion Of their being
slaves.
The affidavit of Joseph Thomas, resident
of Cincinnati, was read, in which he stated
that James was in his employ about a year
ago, and that his father, Peter, had come to
see him at the time, and the parties recog-
nized one another, as father and son. The
affidavit of the old man was likewise read
but as the testimony of negroes is not legal
evidence in Kentucky, it had no weight. He
says that he was set free by the will OF his
master, whose name was Peter Waggoner, and
who resided in Wythe County, Virginia, in
1923, and that he removed to Ohio in 1881;
that James was born in Brown County, in
that State, and that he had never been in
Virginia. - H......
The other party (2) had witnesses from Vir-
ginia, who stated that old Peter Waggoner
had indeed been set free by a will of his mas
ter, in 1923, but that that will was annulled
by proper tribunal in l843, Twenty-Five years
afterward, though no record of that fact was
produced, and of course it ought to have had
no weight.
One of them said that he answered TO q
description of negro who ran away from
Jacob Waggoner some five years ago, (James
was but fourteen years old then) but he
could not fully identify him. as he had never
seen him. The other Virginian, however,
told us mot on oath, of course) that Jacob
Waggoner was too poor to own a negro. A
statement was read from the alleged master
the same who was too poor to own a negro,
but without having been sworn to, in which
he states that he lost negro about one year
ago, and gives this very luminous description
Of him, which, like political platforms and
chronological delineations, will admit of a
very wide latitude of construction: "He is
tai slime mad and has CRATE kwantity Of
wite in his ize, and downcast LUX"
No one denies but that James was born in
Ohio; the Virginia witnesses did not know
that he had ever been in that State they had
only heard that the will had been reversed
and that was the only testimony to prove
that he was slave, aside from his own ad.
missions, and some vague descriptions of the
country ahont Wytheviile, Virginia, which
| he gave when first incarcerated. These are
entirely incorrect, rs he states that that towI
was but twenty miles from the mouth of the
| Big Sandy, to which place he used to driv,
his masters team. The real distance is mort
| than one hundred miles. He spoke of a rive
and mountain in the vicinity of his masters
home which are partly correct, but all the
circumstances could easily have been gath.
cred from his father and mother who were
| wont to dwell with fondness upon the scene:
of their childhood.
As to the admission that he was slave
| il was always done while in the presence o
some of those interested in selling him. We
| have repeatedly heard him say he was slave
in the presence Of others, but when we had
| an opportunity to speak to him by himself
| he disavowed it. and said that it was through
| fear that il he asserted his freedom he would
be carried off to the South Immediately, by
| Stuart and his conference.-the not knowing
the difference between legal and an illega
| detainer and in the meantime, under cover
of waiting for his master, he would endeavol
| TO find his father. That he has made efforts
| of that kind, we know.
After patient hearing of the testimony
both legal and illegal, the Mayor decided
that he was slave, positively refusing t
grant further time in which TO establish hi
| freedom. He was then taken from the Court
house, put in buggy by some patriotic gen
| tlemen who had contingent interest in the
result, and hurried toward Alexandria, Il
have the sale take place Immediately, as il
/ was known that an Injunction was sued out
| and unless he was sold before the prope
papers could reach the county-seat, he coulC
not be sold until the final adjudication of hi
right to freedom. As such indecent hast,
was not expected by his attorneys, the party
who was to serve the injunction did not star
after the victorious party until it had gon
| three miles.
The Messrs. Webster have no motive il
the matter but to see that Justice is done; one
| is certainly stakeholder himself, and proba
bly, the other. They have not been retained
by any one but the negro, who is unable t.
pay them anything. They have spentmoney
| in his behalf however, believing him to b.
| free, and will do so again. One of then
signed the bond to stay the sale.
| P.S. Soon after the party left for Alex
andria, Col. Smalley mounted his fleetes
horse, in order TO urge the party forward
lest Mr.. Webster overlook them with the in
junction. When near Alexandria, he over
took the party, gave the Snerln MS morse, II
order to let him 60 on ahead and be ready +
sell him on his arrival. ~
The party arrived at Alexandria just thre,
minutes ahead of Webster, who saw then
proceed to the Courthouse, but on his arrival
II was found that the negro had been sol
and secreted. No one saw him sold, as tn
law requires he should be; but DR.. Foste
claimed to have purchased him for $70(
giving his note for the amount with MI
Nelson for security.
The question naturally occurs, why thi
haste II he was slave, it was unneces
sary, as that fact could be established.
We can not but congratulate the partie
having interests in the matter, in the shap
of board-bills, rewards, &C.; or rather, W
must commiserate them, as they may hav
some trouble in getting their money fror
either the purchaser or his indorser.
BILLIARD MArcH.-=A grand billiard mattel
Of 500 points, was played at the Star Billiar
Saloon yesterday. The contestants wer
Mr.. Tieman, of fOincinnati, and Mr., Foley, q
Detroit Mr.. Tieman beat his antagonil