m. H. Burleigh.
In the second number of the _Visiter_, James H. McClelland, as secretary
of the county convention, published its report and contributed an able
article, thus recognizing it as the much needed county organ of the
Liberty Party.
CHAPTER XXIII.
MY CROOKED TELESCOPE.
In the autumn of 1847, Dr. Robert Mitchell, of Indiana, Pa., was tried
in Pittsburg, in the United States Court, before Judge Grier, for the
crime of harboring fugitive slaves. In an old cabin ten miles from
Indiana, on one of the doctor's farms, some colored men had taken refuge
and worked as harvest hands in the neighborhood. To it came the sheriff
at midnight with a posse, and after as desperate a resistance as unarmed
men could make, two were captured. On one of these was found a note:
"Kill a sheep and give Jerry the half.
ROB'T MITCHELL."
The name of the man who had the note was Jerry. It was addressed to a
farmer who kept sheep for the doctor, so it was conclusive evidence of
the act charged, and the only defense possible was want of knowledge.
There was no proof that Dr. Mitchell knew Jerry to be a slave, none,
surely, that he knew him to be the property of plaintiff, who was bound
to give notice of ownership before he could be entitled to damages from
defendant.
This defense Judge Grier overruled, by deciding that no notice was
required, the law presumed a guilty knowledge on the part of defendant.
Under this ruling Dr. Mitchell was fined $5,000 and the costs, which
were $5,000 additional. His homestead and a magnificent tract of pine
land lying on the northern slope of the Alleghenies, were sold by the
sheriff of Indiana county to pay the penalty of this act of Christian
charity; but the Dr. said earnestly, "I'll do it again, if they take
every dollar I have."
This ruling was alarming, for under it, it was unsafe either to sell or
give food or lodging to a stranger. The alarm was general, and even
pro-slavery men regretted that this necessary act of justice should fall
so heavily on so good and gentle a man. There was much unfavorable
comment, but all in private, for the Pittsburg press quailed before
Judge Grier, and libel laws were the weapon with which he most loved to
defend the dignity of the bench. One editor he had kept in jail three
months and ruined his business. Col. Hiram Kane was a brilliant writer,
a poet and pungent paragraphist, and had at one time criticised some of
Judge Grier'
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