, 1860-03-08

Albright calling upon tue bystanders to assis
him ia serving the writ he held; there was
CRY to the negro to run the crowd separated
| aud made line for the negro to pass out, bu
it was Immediately closed upon Albright, st
that he could not get out for some time. II
| the meanwhile the slave ran ont Of the Cour
House, down the steps, accompanied bT seyera
| persons; leapcd fence jumped into a earring.
which was in waiting; and after short strnS
sic, some trying to stop the horses and other:
| to let them loose, Has driven oH amidst q gen
eral hurrah and shouting. he!iere have
scene, and if these were the facts there Coule
seem to be no doubt that the negro w7s rcscuee
that is, he was removed out Of the possession
Of the person who had charge Of him, By the
actire efforts Of individuals; and the only re
mairing questions to be considered are: Did
action? and had he knowledge Of the circum'
stances under which the negro was h.ld in cus'
tojy:
The positive evidence OF the defendants pasti'
cipation is substantially as follows: Judge Ca.
ton states that be saw the defendant pushing
inside the crowd in the room with one hand, md
showing the negro towards the door with the
other with high degree Of excitement manifes'
ted in bis countenauce. Mr. Spicer SAYS that he
ton was making out the papers-which, if true,
mCst hare been before this act of the defendant
described BY Judge Caton-that be sHw the de.
fendant 60 down the steps near the negro and
after be was in the carriage and the horses had
started. Mr. Meyer undertook to stop them, and
be aud the defendant had acutffe: they had
bold Of the lines or traces, or something, but f.
na1ly separated, aud the team went of; aud as
the team went of the defendant huzzaed. Nr.
Meyer states that he met the defendant at the
carriage, some people crying out "go 7" ''go !"
Merer tried to stop the horses and seized hold
Of the reius; the defendant came up and cried
.'let loose" and made pass (as to strike q
bfow) ut Meyer, aud he returned it, though nei-
ther actually struck. It ended in the horses
getting loose. lii. Donlery says that he saw
the negro come down the steps of the Court
House, and the defendant very near him lie
witnessed the sculae between Meyer and the de-
feudant, and heard the latter exc.aim "Grire
on? "drive on" nr. cheerer states that he
saw the defendant in the room one o. two min
ntes after Judge Caton's appeal to tie crowd; :;
that some Of the crowd were forcing the negro
out, and afterwards others blocked uo the door
that Mt tho time tbs negro came o1t of the
room tho defendant was quite near to
him. Ar. Crandalt says that he saw Mr.
Hossack in the room when the Judge was
riage through the window in which the
negro afterwards went off, Mr.. Rathbun states
that he saw Mr.. Meyer trying to stop the horses
and the defendant near the carriage threw TN
lis hat. II you believe these witnesses have
stated the facts truly, then Of course the acsiro
participation Of the defendant in the rescue does
not admit Of debate. Some Of the witnesses
for the defense who were preeent in the room
state that tLey did not see the defendant take
hold of the negro as Judge Cation mentions, and
they think if he had done so they would hage
seen it, and one or two Of them speak quite con-
tidcntly tha4 be did not. You will gire oil
due weight to this negative evidence, making
f7ro o111 If L.
confusion IN the room. But as to vhat took
place at the carriage and the defendants con-
duct there, believe there is no contradictory
testimony, and if ynu believe that th2Sitncsses
state truly what the defendant did and said there
then he was actively assisting in this rescue.
The next point to be determined is, was the
defendant EneicingIy . party to this rescue; TINT
is at The time he performed the acts alleged, did
he know the negro was claimed as 1 fugitive
fapm labor, and that hc was in the custody Of
Albright under the warrant? The y sitjre evi-
dence rs to this is substantially rs follows: Mr.
Kathbun states that there was meeting con-
ststing Of 1fty or hundred people iu 31r.
18th Of October, at which COMMITTEE was np-
pointed consisting Of LII, Cook, Mr. I:a1snd ard
Mr. Gray, all members Of the Lar, - inycsti-
gate the legality Of the proceedings n, DIR which
the negro VS. held, and it -as @sc1f.ained ty
the report OF the committee to the meeting that
III EuoIL "UuIQ QE IlAuC u HDIu A1ul uuuEf LUG
Fugitive Slayc Law, if he was discharged from
the writ Of Aabeds oorpus. 1tr. Cook &tates that
he was desired By the meeting to ascertain in
company with Mr. Leland md Mr. Gray, by
what legal process the colored man was detaia-
ed. On application to Mr.. Albright they were
told he was held by virtue Of a wa,sapt which
was then in The hands of Nr. Avery, the attor.
Office, the warrant Of the Commissioner, with
the deputatiou on it was shown to them. air.
Roots, who accompanied Mr. Albright. and his
party from Perry County to Ottawa, and who
seems to bave had full knowledge Of the fact
that there was warrant in his hands for the
negro, states that he was present at hemeet'ng
on the evening Of the l:t!l, (Gf Which the d.
ttadant tsa1 c:airmcn,) that he statsl to the
meeting in detail all lie krrN about the negro,
and his suspicious as to the object Of those who
had him in custody; TINT tic committee re.
ported to the meeting; there was Commission
ers warrant out, but owing to SOME defect in
it they were not allowed to see it. At the
Judge Cation, for the bench. Of The people
present, that us tie negro Was worth 1880
70 his owner and nothing to them, he hoped
they would not attempt to deprive hin Of his
uioperty. This he said at the request Of 3lr.
PhilIips. Juucc r-.s. -.s~ .1aofazcs that be said
publicly in the room, before any attempt at
rescue, that be should discharge the negro
under writ Of haosas corp4s but should
remand him to the possession Of Albright as
missioner,sthat before be concluded his remarks
there was crowd around, aud soue interest
aud excitement upon tha subject, and there
fore he made the appeal which has been re-
ferred to, and which after the vote Of Mr.
Stout was put, ne again repeated. am not
or weakens this testimony, aud j: you
believe it, it is for you to determine
whether you have Gny reasonable doubt
that the defendant knew at tho tine of
his alleged action, that tue negro WIS clamsI rs
fugitive from labor, under color Of warrant
or process; aud in the custody Of Albright pro-
Tossing to act by its authority. If lie hid that
which gave him reasonable grounds to believe
it, what he did wis done knowingly. Some
question has been made By the defendants
counsel whether he was present at the time Of
Judge Caton's appeal, it for you to dete1mine
il you shall consider it material. and it is proper
point Of fact there, be knows it, and also knows
where he was, aud the ouly evidence 10 las
introduced is 'that Of Mr. Bristol, and Mr. G.
u. King, who stated that the defendant was
seen GU the strcet-near the Court uune-the
latter says from thirty to forty.fiye minu.es be-
fore The escape Of tue negro.
thas been said that the defendant believed the
process or authority Of the officer to be illegal
aud that be was acting conscicntiously in whnt
he did. He WIS not authorized to decide as to
the legality of the process OF power Of TIC off.
Ger. The defendant acted al lis peril. Neither
can he excuse violation OF the law AID the
rights Of other- By claiming that be followed
the dictates Of his conscience. Such an argu.
n,ent might justify man who Ia A.s oona1tnct
thinks servitude blessing to the master md
to the slave, in seizing any free negro to reduce
him to slavery in spite Of the lawx against kid
mapping. Neither the ddyocate Of slayery NOT
its opponent can appeal to his conscience n jus-
tidcasion, the one Of ens1aying, the other d res
cuing, the negro in violation OF the Constitu-
tlou and Laws.
There nrc questions Of laW in this case Of
some moment, aud the Court has decided them,
and that decision you are to regard as obligatory
upon you. But Of the facts you ara to form,
your own conclusions. 1t Is not meant by this
that you ought arbitrarily or out Of mere caprice
to disregard the evidence, but that when it Is
conflicting you are to decide where the prepon.
| derance is. and to determine for yourselves At
| to the degree Of credit WHICH is TO be given to
| each Witness The object Of the evidshce is tc
| convince the minds OF the jury of the truth OF
falsity Of the material allegations in the indct
ment; and if, aEtez calm aud deliberate exami
/ nation and consideration OF the evidence, ror
are convinced beyond u reasonable doubt, uadcl
| the law as announced to you br the Court, aul
under the facts, that tho defendant committee
the offence with which he is charged, yop vii
say so by -FOUR verdict. If, however, under ,hl
! IaH aud evidence, you believe he did not com
NIT The offence as charged, then you will 81
state.
And perhaps here the duty Of the Cou,
Eou1d, # this were an ordinary case, be per
formed, But it MY not DO improper 10 add
fer suggestions. The case which We have becl
irving inrolyes most exciting subject. that O
in thsse S1s g1tsa estaa TIED 5as in
exist. aud before q jury Of Northern men, su
before Judge who was barn and has awuy
liyed in Northern State- Our sympathies ms
therefore be presumed TO be all against SLAYER
| md In fnyor Of freedom. But the same Const