Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1861-01-22

hOuht ana verify DelloNesg int II opportunity
be afforded, he can. obtain proof to safety
said Commissioner that the said Lucy, by
and with the consent Of said W. s. qOshorn,
was taken BY Isabella Goshoru, the daughter
of said Wm. g., from the city Of Wheeling,
in the State OF Virginia, into the State Of
Ohio, and thence 70 Beaver, Pennsylvania,
IS her attendant and waiting maid, some
time in October, 1850. That from said Bea-
YER the said Lucy went 70 Pittsburgh, and
from thence came 10 Cleveland, o., having
never at any time returned TO the State Of
Virginia since she was thus taken thence by
permission as Aforesaid.
That said facts can be proved by Miss Isa-
bella GOshorn, Isaiah Chisley, and - Nc
Combs, of Wheeling, Va, Mrs. - john
son, Of Bridgeport, o., and - Frazier, of
Beaver, Pa, il q commission can issue to
take their testimony.
RIP. sPIUDINd, Atty. for Deft. Lucy.
The afidaTits of W. S. and John Goshorn,
are as iollows:
William s. Goshorn being duly sworn,
says that he is a resident OF Wheeling, Va.
that he is the claimant and owner of the al
legged fugitive named Lucy, and has been
such owner since Nov. IS, 1859; that said
Lucy has lived in his family since that time,
up to the time Of her escape; that afisnt,
on the 5th of July, 1860, left his house in
Wheeling and went to the State of Mime
sofa, and did not return therefrom TO his
home until Oct. %, 1850; that he never at
any time gave said Lucy permission to leave
the State Of Virginia and 20 into the State
Of Ohio or Pennsylvania, or into any other
State other than the State Of Yirginis that
he never gave the asid Isabella Goshorn his
consent TO take said Lucy into the State Of
Ohio aud thence 10 Beaver, Pa.
VIZ. s. GosHoRx.
John Goshorn being duly sworn, says he
resides in Wheeling, Va; that he is the
father Of the claimant in this case that he
for long time has been daily in the habit
of going to his sons house, and has received
his dinner frequently at his house; that du-
ring the month Of October, 1850, during his
sons absence, he was daily at claimant's
house as late in the day as and P. NJ;
that on the evening Of said Sd Of Oct, 1880,
the said Lucy was present in the house Of
said claimant; that on said evening she
made her escape and did not afterwards re-
turn; that on the morning Of the 4th Of
Oct, 1860, he heard the fact Of her said es-
cape the night previous; that said Isabella
Goshorn and all the members Of claimants
family were at home on the evening Of said
Sd of Oct, 1850, and also on the morning of
the 4th following and did not leave said
Wheeling during the month of October,
1850, to the knowledge of afiant, and that
he was present at said claimants house daily
during said month Of Oct, 1880, except
Sundays. The said Isabella Goshorn has
never been to Beaver for and during four
years past, and not to the State of Ohio for
three years past that Beaver is 70 miles
from said Wheeling, requiring twenty-four
hours time to perform the journey from
Wheeling 10 Beaver and back by railroad,
which is the shortest and quickest route.
JOIN GosHoRE,
judge spaulding then said:
Ibid not expect to be met by counter afi-
devits. It is no use for me TO say that ex-
pect Witnesses, and 70 be overborne by aft
davits; therefore I object to them. I have
already said that made my statement ac-
cording to the most rigid rules of all courts,
Snd l have said that believed the facts
could be proved. In any Federal Court,there
would Se the end Of the whole question. I
never knew Court to vary from this prac-
tice But your Honor indicates that this
tribunal is governed by a different rule, be-
cause the fugitive slave law says the pro-
ceedings shall be summary. If your Honor
please I Usntnre To differ with YOU, when
those proceedings shall BEN violation Of all
previous rules in other Courts, and hold
that the proceedings should not be so sum
mary that the fugitive would be unable to
receive proper defense.
Now ought not this person TO have the
boon of three short winter days 10 show that
she speaks the truth? Is there anything
that preeludes our showing that we do not
owe service We are met how'll have
not my witnesses to prove. say she left
by command Of her young mistress, and
can prove It'll How7-by the statement of
the young mistress herself; and I desire
that my client may have the benefit of her
oath. If she will say that she did not take
her to Beaver, I shall be content. I need
not impugn the veracity of these gentlemen
from Wheeling, nor do wish to be so un-
derstood, but ask only that the girl may
have right to show by witnesses what she
asserts: that her mouth may not be stop
ped. have stated my belief that l can
prove these facts, and am met by two affi
daTitG.
The owner shows that he knows nothing
except as he has learned it from others
What does the father say? He lived back
of his sons house and was there from day 10
day, and is quite sure that he saw the wo-
man on the Sd Of October. His observation
must be extremely acute He swears that
Lucy was in the family, and yet there was
nothing to call his sttantinn particularly to
the facti Even If this be true in the main,
there might easily be a mistake as to datel
By this would only show how dangerous it
is to allow statements to be beaten down by
affidavits in this manner, for it will open the
door to incalculable abuses, and this woman
will be returned without having the shadow
Of defense permitted TO her.
Mr.. Barlow replied
I don't wish to multiply words, but must
notice what I suppose TO be misapprehen-
sion in Judge Spaulding. As this is an ini-
tiRtive proceeding, and as it is called, "sum-
mary" your Honor was justified in taking
means to discover if the motion tor continu.
anee was we'll founded. believe this to be
within the spirit Of the law, and it seems
that the objection is not well taken. Is it not
better to take the oath Of parties who know
as to the truth7 do not wish TO offer any
unjust opposition, and il your Honor is salts
fed that the faots may be proven, then con-
tinuel But if you are not satisfied, then
hope that the continuance will not be grant
ed.
Mr.. Commissioner White then remarked:
The transaction Of the ordinary duty Of a
Commissioners Office, it is commonly very
pleasant business. These ordinary duties
are, concerning the usages and rights Of
mariners the counterfeiting Of Q. States
coin, or the forging Of warrants for Bounty
lands, and the interference Of Commits
sioner is continually needed. It is exceeding
ly pleasant to be the Judge ofa District Court;
but when the time arrives when he is oblig-
ed to try neighbor for crime, and perhaps,
| e may be, sentence him to death, then comes
the unpleasant, the disagreesble part Of his
duty.
Ibid not wish to have ANYTHING to do with
the issuing of this warrant if could help it,
but it would not be my duty as q man, be-
cause it was repugnant to my feelings, to
| thrust it upon others. There are three points
to be considered in this case.
Ist. Is the woman proven to owe servicel
I'd. If 80, in what manner did she escaped
Sd. If it be proved that she is owned by
Goshorn, shall deliver her up, if not hhe
will be discharged.
If child of Goshorn, without any author
| ity frOm the master, took the woman to
| Ohio, it waI an escape: for the servant can't
IN this manner deprive the owner Of his
property. But if she wers brought by the