The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1860-03-17
Judge Drummona,s Chaf,ts.

| SuutsC CDIUmmOuu1b OuS3ROs
We give below so much of Judge Drum
monds charge to the Jury in the Hossack
case, as refers to the facts proved on the
trial
As already stated, there appeared to be
considerable excitement at Ottawa con.
nected with the seizure of negroes, and
the arrival of this party there, under such
circumstances, caused meeting to be held
by some of the citizens on the evening of
the 10Th of October, at which the defend
ant was present, and of which one of the
| defendants witnesses states the defendant
| was chairman. 4 committee wasappoint-
ed by the meeting to ascertain by what
| authority the negro was held in custody,
consisting of members of the bar; and
there seems to be no doubt that this COM
mittee were apprised of this fact that AL
bright had the warrant, and that it was
communicated to the meeting, accompa-
MED, perhaps, with the expression of an
opinion from professional gentlemen who
had examined it, that he could no legal
ly act under it. Mr. Roots, at whose in
stance the writ of haJeas corpus was issued,
and who was present at this meeting and
stated the circumstances of<ff5 case, he
having accompanied the party to Ottawa,
informs US that it was agreed upon and
understood at the meeting that if the ne
gro was discharged under, the haJeas corpus
there would be such clapping Of hands
and applause that he could not be seized
again. There were also several speeches
made at the meeting, according to Mr..
Roots statement, upon the unlawfulness
OF holding men as property
The next morning, the 10th Of October,
] L.. L
before Judge Cation, III one of the rooms
in the Court House. There We're present,
besides the Judge, Albright and the eyr o
Phillips claiming to be the owner, and
his counsel, and counsel On the other side,
who not only insisted on the discharge
of the slave under the wri. OF hajeas corpus
! but his release absolutely On the ground
OF the alleged iliegallty o: the warrant Al d
authority of the order-a large number OF
persons, so that the room, was full, and be-
tore the hearing was finished, even crowd
ed Judge Cation held that the negro was
illegally detained in custody under the
authority of the county judge OF Union
county. In deciding the case the Judge
stated publicly that he was held as fu-
gitIve from labor under the authority Of a
process from the commissioner, and ex-
pressed the nope that no one would inter
fere with the course OF the law, and made
/ a strong appeal to those present not to at
tempt rescue. He declined very proper.
ly TO make any decisions as TO the pro-
ceedlngs under the act Of congress, stating 9
that the matter was not within his juris-
diction. After he had decided the case
! and made his appeal, some one in the
crowd-the witnesses oil concur in saving
that it was Mr. Stout-said that he hoped
ali who were IN favor OF sending the per
son back would say ave and thereupon
there was pretty general ave" among
the audience In the room Judge Cation
then repeated his appeal that there should
! be no illegal act done. and he with some
little difficulty, MADE MS way through the
people out of the roou. As soon as Judge
Cation had decided the quession on the
habeas corpus, Albright, under the war
rant OF the commissioned, seized hold Of
the negro to lead him out Of the room
There was struggle, pushing and hust-
ling; his hold was broken by force, Al
bright calling upon the bystanAsrs to as
sist him in serving the Wi; he held there
was q cry 10 the negro to nun: the crowd
separated and made line for the negro
To pass out. but IL was Immediately closed
upon Albright. so that he could not get
out for some time In the meanwhile the
slave ran out of the court house, down the
steps, accompanied by several persons ;
leared & fence; jumped into carriage
which was in waiting; and after short
struggle, some trying to stop the horses
and others TO let them loose. WAS driven
off amidst 4 general hurrah and shouting
| believe have stated no controvcrted
fact of this remarkable scene, and if these
were the facts there would seem to be no
Il ,l,a, 81, h.s
he was removed out of the possession of
the person who had charge OF him, by the
active efforts of individuals: and the only
remaining questions to be considered are
Did the defendant actively participate in
this transaction? ? and had he knowlege of
the circumstances under which the negro
was held i'll custody?
The positive evidence Of the defendant S
participation is substantially is as follows ::
Judge Cation states that he saw the deien-
dant pushing aside the crowd in the room
with one hand, and showing the negro to-
wards the door with the other, with high
degree of excitement manifested in his
countenance Mr. Spicer says that he
saw the defendant in the room while
/ Judge Cation was making out the papers,
( which, if true, must have been before this
/ act of the defendant described BY Judge
! Caton-that hesaw the defendant go down
! the steps near the negro; and after he
| was in the carriage and the horses had
started, Mr. Meyer undertook to stop
! them, and he and the defendant had a
/ scuttie; they had hold of the lines or ira
ces, or something, but finally separated,
/ and rs the team went Off the defendant
huzzaed. Mr.. Meyer states that he met
! the defendant at the carriage, some people
crying out 60" "Gop Meyer tried to
! stop the horses, and seized hold of the
! reins; the defendant came up and cried,
Let loose and made pass (as to strike
! a blow at Meyer, and he returned it, tho
neither actually struck. 1t ended in the
horses getting loose. Mr.. Donlevy SAYS
! that he saw the negro come down the
/ steps of the court house, and the defend.
ant very near him he witnessed the scuf.
| fie between Meyer and the defendant, and
/ heard the latter exclain, Drive oni drive
on" Mr.. Cheever states that he saw the
defendant in the room one or two min
utes after Judge Cations appeal to the
crowd, that some q the crowd were fore
ing the negro out, and afterwards others
blocked up the door, that at tho time the
| negro came out of the room the defendant
was quite near to him. Mr.. CrandaN SAYS
| that he saw Mr. Hossack in the room when
the Judge was preparing papers, and he
saw the carriage through the window in
which the negro afterwards went off Mr..
Rathbun states that he saw Mr.. Never
trying to stop the horses-and the defend
ant near the carriage threw up his hat
! If you believe these witnesses have stated
the facts truly then of course the active
participation OF the defendant in the res
cue does not admit of debate Some of
the witnesses for the defense who wara
present in the room state that they did
not see the defendant take hold Of the
negro as judge Cation mentions, and they
think if he had done so they would have
seen it, and one or two of them speak quite
! L a. l. .-l;Sl " -. !.