ried a slave woman in Howard County, the property
of one Brown. In 1853, Burton sold him to one McDonald living some
thirty miles away and his new master took him to his plantation. In
September 1853 he was seen near the farm of Brown, when apparently he
was visiting his wife. A neighbor, Seneca T.P. Diggs, became
suspicious of him and questioned him. As his answers were not
satisfactory he ordered his four Negro slaves to seize him, according
to the law in the State of Missouri. The Negro fled, pursued by Diggs
and his slaves. In his attempt to escape the fugitive stabbed Diggs in
the breast and Diggs died in a few hours. Effecting his escape to this
province, he was in 1860 apprehended in Brant County, where he had
been living under the name of John Anderson, and three local justices
of the peace committed him under the Ashburton Treaty. A writ of
habeas corpus was granted by the Court of Queen's Bench at Toronto,
under which the prisoner was brought before the Court of Michaelmas
Term of 1860.

The motion was heard by the full court.[24] Much of the argument was
on the facts and on the law apart from the form of the papers, but
that was hopeless from the beginning. The law and the facts were too
clear, although Mr. Justice McLean thought the evidence defective. The
case turned on the form of the information and warrant, a somewhat
technical and refined point. The Chief Justice Sir John Beverley
Robinson, and Mr. Justice Burns agreed that the warrant was not
strictly correct, but that it could be amended. Mr. Justice McLean
thought it could not and should not be amended.

The case attracted great attention throughout the province, especially
among the Negro population. On the day on which judgment was to be
delivered, a large number of people of color with some whites
assembled in front of Osgoode Hall.[25] While the adverse decision was
announced, there were some mutterings of violence but the counsel for
the prisoner[26] addressed them seriously and impressively, reminding
them "It is the law and we must obey it." The melancholy gathering
melted away one by one in sadness and despair.

Anderson was recommitted to the Brantford Jail.[27] The case came to
the knowledge of many in England. It was taken up by the British and
Foreign Anti-Slavery Society and many persons of more or less note. An
application was made to the Court of Queen's Bench of England for a
writ of habeas corpus, notwithstanding the Upper Canadia