The Underground Railroad from Slavery to Freedom: A comprehensive historySiebert, Wilbur Henry
History
The Underground Railroad from Slavery to Freedom: A comprehensive history
Siebert, Wilbur Henry
Fugitive slaves -- United States; Underground Railroad
[813] For the first trial (1845), see 3 _McLean's Reports_, 631;
_s. c. 5 Western Law Journal_, 25; 7 _Federal Cases_, 1100; for
the second trial (1847), see 10 _Law Reporter_, 395; _s. c._ 5
_Western Law Journal_, 206; 7 _Federal Cases_, 1093; for the
third trial (1849), see 5 _McLean's Reports_, 64; _s. c._ 7
_Western Law Journal_, 222; 7 _Federal Cases_, 1095. See also
_The Firelands Pioneer_, July, 1888, pp. 41, 42.
It will have been noticed that the Van Zandt and Parish cases were
in litigation for about five years each. A famous Illinois case,
that of Dr. Richard Eells, occupied the attention of the courts and
of the public more or less during an entire decade. The incidents
that gave rise to this case occurred in Adams County, Illinois, in
1842. In that year Mr. Eells was indicted for secreting a slave
owing service to Chauncey Durkee, of Missouri, and was convicted and
sentenced to pay a fine of $400 and the costs of the prosecution.
The case was taken on writ of error first to the Supreme Court of
the state, and after the death of Mr. Eells to the Supreme Court of
the United States. In both instances the judgment of the original
tribunal was confirmed. The decision of the federal court was
reached at its December term for 1852.[814]
[814] 5 _Illinois Reports_, 498-518; 14 _Howard's Reports_, 13,
14.
It was sometimes made clear in the courts that the defendants in
cases arising under the Fugitive Slave laws were persons in the
habit of evading the requirements of these laws. This is true of
the case of Ray _vs._ Donnell and Hamilton, which was tried before
the United States Circuit Court in Indiana, at the May term, 1849.
A slave woman, Caroline, and her four children fled from Kemble
County, Kentucky, and found shelter in a barn near Clarksburg,
Indiana. Here they were discovered by Woodson Clark, a farmer
living in the neighborhood, who took measures immediately to inform
their master, while the slaves were removed to a fodder-house for
safe-keeping. In some way Messrs. Donnell and Hamilton learned
of the capture of the negroes by Mr. Clark, and secured a writ
of habeas corpus in their behalf; but, if the testimony of Mr.
Clark's son, supported by certain circumstantial evidence, is to
be credited, the blacks were released from custody by the personal
efforts of the defendants, and not by legal process. Considerable
evidence conflicting with that just mentioned appears to have had
little weight with the jury, for it gave a verdict for the claimant
and assessed his damages at $1,500.[815]
[815] 4 _McLean's Reports_, 504-515.
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