, 1860-03-08

JOHN H0SSACk FOUND GUILTY
Judge DHummond's Charge.
VERDICT OF THE JURY.

an end yesterday, resulting in the conviction Of
John Hossaek, a we'll known and highly esteem
ed resident Of Ottawa, under the Fugitive Slave
Law Of 1850, for aiding in the rescue Of the
fugitive slave "Jim" from the custody Of one
Albright, acting in the joint capacity Of q Dep
utp Marshal and owners agent, IS well rs jailor
Of Union county, and hence in the latter sense
somewhat Of depot keeper for the enterprising
citizens thereawsy who get up rescue cases., -
with which the laws do not intcrfere-rescue Of
loose chattcls from the erils Of poverty, loneli-
ness and self dependence, which some peryerse-
ly call *nigger. catching"
The flave boy Jim left with magnificent
leap" and has not been seen since the affair.
Tie rescue was SO openly conducted that it uas
under the eyes Of all the citizens Of 0ttawa, ,and
received so largely and fully the sympathies of
the liberty. loving community that the evidence
for tue Government was as plenty Us the case
WIS patent. Indictments wers found against
seven, which are separately to be taken up, six
yet remaining 10 be disposed Of
In the case Of Mr.. Hossack the evidence WAS
Of 10 dircc. nature that the defence, which
was managed BY able counsel, was almost solely
on technical grounds, which, overru1cd, left
nothing for the jury but that the Law take its
course, not We think to the end and effect Of in
crcasing the number Of its friends in Northern
Illinois, and especially in Ottawa. Mr. Hossack
is known throughout his section Of the State as
gentleman Of wealth and prominence, and as
m earnest and indefatigable opponent Of op-
| preston in nj forms, md he did not wait to
sec Whether it was Ethiopian or Hungarian
TINT needed his helping hand toward Liberty.
The case was opened on Tuesday Of last week,
and continued throughout seven days trial,
| ending with the closing argument of Hon. 10.
Knox, Of this city (late Of Rock 1sland), on the
| part Of the defence-one Of this distinguished
lawyers beet and happiest efforts. He spoke
three hours yesterday, continuing his argument
Of Monday, in strain Of argument and pathos,
| as characteristic rs worthy Of the well-earned
| reputation Of Mr. Knox.
| The closing argument on the part Of the Gov
ernment was made by Judge Arlington, associ-
ated with Mr. Fitch-oue of the most ahle and
eloquent forensic efforts in the annals Of our
bar The case was given to the jury yesterday
noon, With the following charge from Judge
Drummoud:
CHARGE TO THE IUET.
District Court Of o. s., y. D. Of I4inoif, MareA
1sC0-IAe United Stats II. John NossacE.
The Constitution Of the United States de-
! clares that if person held to service or labor
| in State under the laws thereof, shall es.
on the claim Of tue party TO whom such service
or labor is due. Al the time the Constitution
was adopted. slavery existed in nearly oil the
States. and there las never been any doubt but
the object Of this provision was to secure the
restoration Of slave when he had escaped from
] one State into another. Many eminent lawyers
and Judges huye supposed that this was duty
| imposed upon the States, md that it was By the
fundamentally Of their legislation shat the OBJ
ject should be accomplished: but that it is u
| been doubted and never can be by any one who
| comedies tilut the Constitution Of the United
| States has the force Of lew upon his conduct as
man and citizen. Shortly after tue Cousti-
tutiOn was adopted, Congress passed an act to
carry ont the object contemplated. This was in
1888. Ia 1s4e tiis Get became the subject Of
| Judicial decision under circumstances Of the
| greatest soemnity. Two States were parties
to the controversy, and it was decided by the Su
prcme Court OF the United States after full con-
late on this subject and mejori.y Of the Court
| held sucl, legislation was exclusive and super
| coded afl State legislation. It's true this was
| under tue law Of 1793, and the indictment in
this case is framed under the iaw Of 1850, but
there is no constitutional question arising in
the rights Of these parties which has not been
/ settled. This Law must be regarded by the
| Court and ly the jury as Of binding force.
Whether We approve Of Ill is provisions is not
| material. Our form Of government has en-.
| trusted tho enactment Of laws 10 another
| department, aud it is our duty simply
to administer the Law ia it's letter upd spirit as
+ we find it. 1t needs 10 argument to reason
/ able and intelligent men TO show TINT any other
( course on your part and on mine hns q tendency
| to weaken tue very foundations upon which the
| union Of the States rests. Bearing in mind that
it is Cur duty to administer this law Of 1850 in
its true essence and spirit tet Us ascertain what
is the controversy in this case,
The defendant il indicted under that law for
rescuing Stare who bud escaped from Missouri
| into 1liirois, or assisting in the rescue.
The first and last counts OF the indictment
l are not before you. md the defendant is tried
! only on The second anl'tEirG. The second count
I a,t.oes :" substance that "Jim," negro and
slave the properly II Richard Phillips, held to
service md LABOR uuder the laws Of Missouri: on
| the 4.h Of September, 1859, cscaped into ILL,
nois. and t1at Phillips pursued and reclaimed
him by procuring q warrant at Springfield, Of
Stephen A. Corucsu, q Commissioner duly np-
] pointed to issue the same, aud which was direc-
| ted to the Marshal Of the Southern district Of
Illinois, and 1clivered to Isaac y. Albright, as
| DGpult nAI3HAIy UHtS HppulH&Nu W tAE|Atc tuC
writ; that by virtueof the warrant. Albright, IS
such Deputy 1iarshai, assisting Phillips. arrest
ed III. slave on the Goth Of October, 1863, as a
fugitive from Iabor, which arrest was made III
tue Northern District Of Illinois, and that after
he was arrested and in the custody Of the
suid Albright, assisting the said Phillips, the
defendant with two hundred persons unknown
to the Grand jury, with force and arms, uulaw-
fn1'y. willingly md knowingly rescued the
slave.
The third count is precisely lie same Us the
second, except the allegation tin! the defendant
assisted in tue rescue
Let us now turn to the facts which hare
been established by the evidence, mud most of
which, SO fur as they are material to this case,
| arc undisputcd. The person Jim had been
in the service Of Mr- Phillips four or fse = .ars
| prior 10 September last as his slave. His fA-
bad purchased him Of his sister. Mrs. Gray.
] He bad been treated By her and By him as a
slnvc in the State Of Missouri, the laws Of
which recognise rs valid and binding such q
condition are established by Mr.. Phillips and
lis son, both OF whom hare been examined
before 5ou, and as to these facts there is no
contradictory testimony, md if Jou be.
lieye they have stated the truth in this re-
spect, .then it is sufficiently proved that
. | .Jim" MAS . person held to service and Ia.
bos under the laws Of Missouri, and If he cs,
capped, Mr. Phillips had right to pursue hin,
| to Illinois and reclaim him. Both Of these
| witnesses also state that about the 4th oi
| September last, he suddenly disappeared from
| tue plantation Of alr. Phillips in the coun.
ty Of New Madrid yithout his COZ
! sent. Shortly after Jim is found in 1llinoi:
having been committed to tae Jail Of unior
County, as fugitive from labor, by the author
5 ,ty Of the County Judge OF that county. So1nt
| parties who claimed thut he was Illegally de
: iained in custody, applied TO the Chief Justice
1 Of the State (1udge Eatou} for writ Of he6ea
c corpus. 4 writ was issued By him on the7th o
y ! October, returuabIe to his chambers at Ottawa
! where lie resided Between the date Of &hi
That J I'M was in Jail in Union County. At Jones
= | boro. and in company with some Of his sons LEI
), | Missouri and cana to Illinois To reclaim him
e ! He saw him in jail there, end identified him a
, | his slave. who had disappeared from his plants
tioa in Missouri on the 4th Of September prt
d cediug. II the statements of Mr. Phillips an
r his son arc true, 1t would seem to follow as
l. necessary consequence that the siaEe escape
r. from Missouri into Illinois. Mr. Phillips foan
o. on bis arri,l at Jonesbozo that the person
who had the custody Of the slave, refused to d
liver him up to him, although be offered
rroye his property in the negro, because the
ae had received the writ Of habtas corpus issued
ID | Judge Ca:on. Accordingly be proceeded
Springfield, and on the ls,b Of October obtdsne
- a warrant from Mr. Corucsu, Commissions
70. there for the seizure Of the negro as his slay
Southern District, and in company vi
him proceeded to Decatur, on the Ii,
lie Of thc Illinois Central Railroad, upon m 9
r.uccmcpt that those who had the Gu
oo todT Of the slave would be met by him
at their way to Ottawa In fact, Albright. vi
bis was the iailor 1t Joncsboro. LETT there on t
to evening Of the 18th with the negro, in obs