ge that he should
desert his post in the midst of so exciting and momentous a trial, and
at a time when his presence seemed to be particularly required. The
counsel for the prisoners, who were aware of his movements, proceeded
with the examination of witnesses as slowly as possible, in order to
allow time for procuring this important link in the chain of testimony,
and thus to procrastinate the period when they should be called upon to
sum up the case.
Fortunately, on the evening of the day on which Thomas Shipley set out
upon his journey, it was proposed to adjourn, and farther proceedings
were postponed until Second day morning. At the meeting of the court, in
the morning, the expected messenger was not there, and the ingenuity of
the counsel was taxed still farther to procrastinate the important
period. After three hours had been consumed in debate upon legal points,
he, who was so anxiously looked for, came hurrying through the crowd,
making his way toward the bench. His countenance and his movements soon
convinced the wondering spectators that he was the bearer of gratifying
news, and in a few minutes, the mystery of his absence was revealed, by
the production of a document which was the fruit of his effort. The
papers completely established the legal title of the mother and children
to their freedom, and placed them out of the reach of further
persecution. An attack of illness was the result of the extreme exertion
and fatigue endured by this devoted man, in his earnest advocacy of the
rights of these friendless beings.
The freedom of the husband and father, was, however, still in jeopardy.
If the decision of the court should be against him, he would be torn
from the bosom of his now joyful and emancipated family, and consigned
to a life of bondage. To avert this calamity, the counsel for the
prisoner suggested an expedient as humane as it was ingenious. He
proposed that a writ of certiorari which would oblige the judge to
remove the case to the Supreme Court and a habeas corpus from the Chief
Justice of the State, should both be in readiness when the decision of
the judge should be pronounced, in case that if it should be
unfavorable, the writs might be at once served, and the prisoner
remanded to the sheriff of the county, to be brought up before the
Supreme Court at Trenton for another trial.
To procure these writs, it was necessary to obtain the signature of the
chief justice of New Jersey, who resided a
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