Year: 1861

Y, y. 70 such prisoners a. are cadrged Wita
crimes. This act Of 1860 was the law Of Ohio
at the time Commissioners White issued
his command 10 the Sheriff 10 imprison this
had any authority for his proceedings
it is to bo found here, and not elsewhere.
cannot believe that the Commissioner
ives aware ef The existence Of this statute
Il having been 80 recently passed, his atten-
tion had, probably, never been called TO it;
for it is incredible that upon reading It, he
could have concluded that the case Of this
woman was within its provisions. The
statute refers to prisoners charged with
crimes, and to those onlyj and no citizen Of
Ohio, ] trust, is 90 lost 70 the distinctions be-
tween right and wrong as to mistake for
crime the efforts Of the enslayed 10 obtain
their freedom. u


This woman was not, therefore, when be-
fore the Commissioner, a prisoner charged
with crime; and the order for her conhne-
ment in the Jail of Cuyshegs County was,
therefore, unauthorized and void, and no
duty or obligation was thereby imposed upon
the Sheriff to take her into his custody. He
derived no authority whatever from the
process Of the Commissioner TO intermeddle
in any manner with this woman.


But there is one other point arising in the
case, which it is the duty of the Court to
consider. The Sheriff, in his return, states
that he detained this woman in custody, un-
dqr the mittimus of the Commissioner, and
! also under the requisition authority Of Mar
shal johnson.


This reqUisition and authority are supposed
to be contained IN the following endorse
ment on the back Of the mittimus;


f'To James A. CraW, Sheriff Of the County
of Cuyahoga, 0.;--You are hereby command
ed to receive the within named Lucy, and to
hold her in custody in the Jail Of Cuyahoga
County, according TO the commands of the
foregoing writ" Signed by the Deputy
I Marshal.


We cannot deny in this proceeding the
] right TO impart that custody Is another
/ certainly not while the case is still pending
before the Commissioner. And should Sheriff
/ Craw choose to act as the agent Of the Mar
shal, he is at liberty TO do so, and there is no
power in this Court to disturb such an ar
rangement But this endorsement of the
Marshal on the back Of the mittimus, which
I is made part of the sherifFs returns, shows
that the Marshal has only requested or rather
commanded the Sheriff TO obey the void
10 ittimus of the Commissioner. He makes
no new request Of the Sheriff, nor does he
Except on the authority Of this mittimus)
impsrt to him the custody of this woman,
and the case stands as though tnis endorse





If the Sheriff, in his private capacity, had
agreed to retain the custody Of this woman
for the Marshal, he has no authority Of law
/ for carrying out this undertaking by con-
eonfning her in the county Jail.


The order of the Court, therefore, Is that
the Sheriff forthwith discharge this woman
| from her imprisonment in the Jail. When
outside of the jail if he chooses to retain her
in his custody as the agent of the Marshal,
| it is not the purpose of the Conrt to interfere
with such arrangement.


The opinion of Judge Tilden having been
concluded, there was an immediate rush foi
the United States Court rooms, where the
trial was to be had before the Commissioner.
A posse of ffty-fve deputies had been
appointed by the Marshal to guard the Pris-
oner from any attempt at rescue, should
such an attempt be made, and these
closed about Marshal johnson, who person
ally took charge of the girl. An immense
crowd Immediately surrounded and accom-
panied them on the route across the Square
to the Government building without any
violent demonstrations being made, how
ever, until the corner Of Ontario and Rock
well streets was reached, when rush was
made by party Of negroes towards the girl
Lucy. For a moment it was feared that
something serious might result, but it soon
appeared that the act was that Of compar-
atively inferior number Of persons, and after
a few knock-downs the police again gather
ed about the Marshal and his prisoner.


When nearly in front of the Post-ofiee, a
second rush was made, probably by the same
party, and again the clubs Of the police were
brought into requisition. One of the ne
groes threw a stone, striking a white man
upon the side of his face, and Immediately
after, drew pistol upon another man who
had endeavored to arrest him. He was,
however, at once knocked down and secured,
as were several others engaged in the melee,
all Of whom were lodged in jail. The pO-
lice tosk possession Of the stairways, and
none but privileged persons or those known
TO them, were suffered to ascend to the court
room.


Lucy having been brought in, Judge
| Spaulding arose and said:


am not ready for trial, on the part of the
| fugitive, unless certain material witnesses
are present. ask if Isabella Goshorn is in
| the room (this young lady is the daughter
/ Of the claimant, and at present at his house
/ near Wheeling.) I deem it necessary to
have three witnesses residing at Wheeling,
and beg leave to state what 1 expect to
/ prove in order to show that it is material
/ (See the written statement submitted BY
Judge Spaulding to the Court.) If I can
obtain this testimony by commission, shall
be satisfied.


Mr.. Barlow, on behalf of the claimant,
said:


I do not wish to oppose anv reasonable
motion for delay, and if I was satisfied that
my friend spaulding had been informed Of
the truth, should not offer any opposition.
But the claimant says that there is no truth
whatever in this statement: that his daugh-
ter never went to Beaver, and never, in fact,
| left Wheeling ct all in October. It must ap-
pear in order that q continuance be granted,
! that a statement can be made, which shall
place the case beyond all controversy. Let
me refer TO the 5th vol, of Ohio Reports, to g
decision of Judge McLean's, in the case Of
Miller vs.. McQuerry, when the Court over
/ ruled the motion to continue, because the
slave could not show that he did not owe ser
| vice.


The statute provides that the preliminary
proceedings shall be summary. This wo-
man was arrested on Saturday, and her
friends have had access to her ever since,
and if their claims are true they have had
abundant time to verify them.


Judge spaulding replied:


I am surprised that he should cite this
decision of Judge McLane, to show that If a
1 = 4. :,


be free. When we arrive at this point,
can bring three OF four decisions Of Nc


Leans to show the contrary Ny friend


goes far beyond even the Dred Scott decis-


ion there, a slave escapes to free State
and returns to a slave State, but in the case


decided by Judge Mclean, it was an alto


gether different thing. He said land am


much obliged to my friend for calling at
tention TO q case which myself was about
to citel-"Had it been represented 10 me
that the woman was free BY being brought


into a free State by her master, then time