to Judge Burgoyne
for a writ of _habeas corpus_, to bring the slaves before
him. This was put in the hands of Deputy Sheriff Buckingham
to serve, who, accompanied by several assistants, proceeded
to Hammond Street station-house, where the slaves were
lodged. Mr. Bennett, Deputy United States Marshal, was
unwilling to give them up, and a long time was spent
parleying between the marshal and the sheriff's officers. The
sheriff being determined that the writ should be executed,
Mr. Bennett went out to take counsel with his friends.
Finally, through the advice of Mayor Faran, Mr. Bennett
agreed to lodge the slaves in the jail, ready to be taken out
at the order of Judge Burgoyne. Mr. Buckingham obtained the
complete control of the slaves.
On the morning of the 29th, Sheriff Brashears, being advised
by lawyers that Judge Burgoyne had no right to issue his writ
for the slaves, and remembering Judge McLean's decision in
the Rosetta case, made a return on the writ of _habeas
corpus_, that the slaves were in the custody of the United
States Marshal, and, therefore, without his jurisdiction.
This returned the slaves to the custody of the Marshal. By
agreement, the parties permitted the slaves to remain in the
county jail during that day, with the understanding that
their examination should commence the next morning, before
Commissioner Pendery. An inquest had been held on the body of
the child which was killed, and a verdict was found by the
jury charging the death of the child upon the mother, who it
was said would be held under the laws of Ohio to answer the
charge of murder. An examination took place on Wednesday,
before the United States Commissioner. Time was allowed their
counsel to obtain evidence to show that they had been brought
into the State at former times by their masters. A meeting of
citizens was held on Thursday evening, to express sympathy
with the alleged fugitives.
The _Cincinnati Commercial_ of January 30, said:--The mother
is of an interesting appearance, a mulatto of considerable
intelligence of manner, and with a good address. In reply to
a gentleman who yesterday complimented her upon the looks of
her little boy, she said, "You should have seen my little
girl that--that--[she did not like to say, was killed]
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