the United States
Marshal arrested several persons for the offence of
resisting an officer in the discharge of his duties. Among
these was Mr. Sherman M. Booth, the editor of the Free
Democrat. When brought before a Commissioner, in the custody
of the Marshal, a writ of habeas corpus was sued out on his
behalf, and he was brought before Judge A.D. Smith, of the
Supreme Court. After a full hearing, Judge Smith granted him
his discharge, on the ground that the fugitive slave law
was unconstitutional. The Marshal then had the proceedings
removed by a writ of certiorari before a full bench of the
Supreme Court, when the decision of Judge Smith was
confirmed, and Mr. Booth discharged from custody.
Immediately afterwards, Judge Miller, of the United States
District Court, issued another warrant for the arrest of Mr.
Booth, making no mention of the fugitive slave act, but
directing his arrest to answer to a charge for abetting the
escape of a prisoner from the custody of the United States
Marshal. Another writ of habeas corpus was sued out, but it
was denied by the Supreme Court, on the ground that there
was nothing on the face of the record to bring it within
range of their former decision."
"In the mean time the United States Judge and Marshal were
busy in their vocation. It affirmed that the Grand-Jury was
packed in the most unblushing manner, until an inquest was
made up that would answer the purpose of the Government.
However this may have been, indictments were found in the
District Court, against Mr. Booth and several other persons.
A petty Jury selected with the same care that had been
bestowed on the composition of the Grand-Jury, convicted Mr.
Booth and Mr. Ryecraft. All the weight of the government was
thrown against the defendants. Special counsel were retained
to assist the District Attorney, the instructions of the
Court were precise and definite against them; all motions in
their behalf resting on the irregularities and injustices of
the proceedings were overruled. So were all motions
subsequent to the conviction for an arrest of judgment. They
were sentenced to fine and imprisonment--Mr. Booth to pay
one thousand dollars and costs, and to be imprisoned one
month, and Mr. Ryecraft to pay two hundred dollars, and to
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