Part 75

We have called witnesses on this point alone, and have more than counterpoised the evidence produced upon the opposite side. And we have not only made it manifest that she was a free woman, but we have confirmed her charter by separate proof. What does the gentleman say further? Do I understand him to say we have no right to determine this matter judicially? Now what is all this about? Why is it before you, taking your time day after day? According to this argument, you have nothing to do but to give the master the flesh he claims. But you are to be satisfied that you have sufficient reason to believe that these claims are well founded. And if you leave that matter in a state of doubt, it does not require a single witness to be called on the part of the respondent, to prove on the opposite side of the question. But we have come in with a weight of evidence demolishing the structure he has raised, restoring the woman to her original position in the estimation of the law. "Well," says the gentleman, "it is like the case of a fugitive from justice." But it is not, and if it were, it would not benefit his case. The case of a fugitive from justice is one in which the prisoner is remanded to the custody of the law, handed over for legal purposes. The case of a fugitive from labor is a case in which the individual is handed over sometimes to a merciless master, and very rarely to a charitable one. Does the counsel mean to say that in the case of a fugitive from justice he is not bound to satisfy the judge before whom, the question is heard? He should prove our witnesses unworthy of belief. As Judge Grier said, upon a former occasion, "You can choose your own time; you have full and abundant opportunities on every side to prepare against any contingency." Why don't they do so? He is not to come here and force on a case, and say, I suppose you take every thing for granted. He is to come prepared to prove the justice of his claim before the tribunal who is to decide upon it. That he has not done successfully, and I would, therefore, ask your Honor, after the elaborate argument on the part of the plaintiff, to discharge this woman: for after such an abundance of testimony unbroken and incontestable as that we have exhibited here, it would be a monstrous perversion of reason to suppose that anything more could be required.

Mr. McMurtrie replied by reasserting his positions. It was a grave question for the court to consider what evidence was required. He thought that this decision might be the turning case to show whether the act of Congress would be carried out or whether we were to return in fact to the state of affairs under the old laws.

Judge Kane said, in reference to the remarks at the close of Mr. McMurtrie's speech: So long as I retain my seat on this bench, I shall endeavor to enforce this law without reference to my own sympathies, or the sympathies and opinions of others. I do not think, in the cases under this act of Congress, or a treaty, or constitutional, or legal provision for the extradition of fugitives from justice, that it is possible to imagine that conclusive proof of identity could be established by depositions. From the nature of the case and the facts to be proved, proof cannot be made in anticipation of the identity of the party. That being established, it is the office of the judge, to determine whether a _prima facie_ case indicates the identity of the party charged, with the party before him.

* * * * *

On the other hand, the evidence of the claimant has been met, and regarding the bearing of the witnesses for the respondent, met by witnesses who testified, with apparent candor and great intelligence. If they are believed, then the witnesses for the claimant are mistaken. The question is, whether two witnesses for the claimant, who have not seen the respondent for twenty-three, one for twenty-four years, are to be believed in preference to four witnesses on the other side, three of whom have seen her frequently since 1826, and known her as Euphemia Williams, and the fourth, who has not seen her for a quarter of a century, but testifies that when they were children, they used to jest each other about scars, which they still bear upon their persons; I am bound to say that the proof by the four witnesses has not been overthrown by the contrary evidence of the two who only recognized her when they called on her with the marshall. One says he called her Mahala Purnell as soon as he saw her. He might be mistaken. He inferred he would find her at the place to which he went. There were three persons in the room, one was Mahala Richardson, whom he knew, a young girl, and the prisoner. If she had been alone, his recognition would have been of no avail. The fact is obvious to this court, that the respondent has no peculiar physiognomy or gait. It has been shown she has no peculiarity of voice; I cannot but feel that the fact alleged by the claimant is very doubtful, when the witnesses, without mark or peculiarity, testify that they can readily recognize the girl of fifteen in the woman of forty. The prisoner is therefore discharged.

A slight attempt at applause in the court room was promptly suppressed. The intelligence of the discharge of the woman, was quickly spread to those without, who raised shouts of joy. The woman, with her children, were hurried into a carriage, which was driven first to the Anti-slavery office and then to the Philadelphia Institute, in Lombard Street above Seventh. Here she was introduced to a large audience of colored people, who hailed her appearance with lively joy; several excited speeches were made, and great enthusiasm was manifested in and outside of the building and the adjacent streets. When Euphemia came out, the horses were taken out of the carriage, and a long rope was attached, which was taken by as many colored people as could get hold of it, and the woman and her children thus conveyed to her home.

The procession was accompanied by several hundreds of men, women and boys. They dragged the carriage past the residence of the counsel for the respondent, cheering them by huzzas of the wildest kind, and then took the vehicle and its contents to the residence of the woman, Germantown Road near Fifth street, beguiling the way with songs and shouts. The whole scene was one of wild, ungovernable excitement, produced by exuberance of joy.

The masterly management of abolitionists in connection with the counsel, saved poor Euphemia from being dragged from her children into hopeless bondage. While the victory was a source of great momentary rejoicing on the part of the friends of the slave it was nevertheless quite manifest that she was only released by the "skin of her teeth." "A scar on her forehead" saved her. Relative to this important mark, a few of Euphemia's friends enjoyed a very pleasing anecdote, which, at the time, they were obliged to withhold from the public; it is too good to be kept any longer. For a time, Euphemia was kept in durance vile, up in the dome of Independence Hall, partly in the custody of Lieutenant Gouldy of the Mayor's police, (who was the right man in the right place), whose sympathies were secretly on the side of the slave. While his pitying eyes gazed on Euphemia's sad face, he observed a very large scar on her forehead, and was immediately struck with the idea that that old scar might be used with damaging effect by the witnesses and counsel against her. At once he decided that the scar must be concealed, at least, until after the examination of the claimant's witnesses. Accordingly a large turban was procured and placed on Euphemia's head in such a manner as to hide the scar completely, without exciting the least suspicion in the minds of any. So when the witnesses against her swore that she had no

## particular mark, David Paul Brown made them clinch this part of their

testimony irrevocably. Now, when Sarah Gayly affirmed (on the part of the prisoner) that "I have reason to know her because she has the same sort of a scar on her forehead that I have, we used to make fun of each other about the marks," etc., if it was not evident to all, it was to some, that she had "stolen their thunder," as the "chop-fallen" countenances of the slave-holder's witnesses indicated in a moment. Despair was depicted on all faces sympathizing with the pursuers.

With heavy pecuniary losses, sad damage of character, and comfortless, the unhappy claimant and his witnesses were compelled to return to Maryland, wiser if not better men. The account of this interesting trial, we have condensed from a very careful and elaborate report of it published in the "Pennsylvania Freeman," January 13th, 1857.

Apparently, the vigilance of slave-hunters was not slackened by this defeat, as the records show that many exciting cases took place in Philadelphia and Pennsylvania, and if the records of the old Abolitionist Society could be published, as they should be, it would appear that many hard-fought battles have taken place between Freedom and Slavery on this soil.

Here in conclusion touching the Fugitive Slave Law, arrests under it, etc., as a fitting sequel we copy two extracts from high authority. The first is from the able and graphic pen of James Miller McKim, who was well known to stand in the front ranks of both the Anti-slavery Society and the Underground Rail Road cause through all the long and trying contest, during which the country was agitated by the question of immediate emancipation, and shared the full confidence and respect of Abolitionists of all classes throughout the United States and Great Britain.

The letter from which we have made this extract was written to Hon. George Thompson, the distinguished abolitionist of England, and speaks for itself. The other quotation is from the pen of a highly respectable and intelligent lady, belonging to the Society of Friends, or Quakers, and a most devoted friend of the slave, whose statement obviously is literally true.

From Mr. McKiM to GEORGE THOMPSON, 1851.

The accompanying parcel of extracts will give you a full account of the different slave cases tried in this city, under the new Fugitive Slave Law up to this time. Full and accurate as these reports are, they will afford you but a faint idea of the anguish and confusion that have been produced in this part of the country by this infamous statute. It has turned Southeastern Pennsylvania into another Guinea Coast, and caused a large portion of the inhabitants to feel as insecure from the brutal violence and diabolical acts of the kidnapper, as are the unhappy creatures who people the shores of Africa. Ruffians from the other side of the Slave-line, aided by professional kidnappers on our own soil, a class of men whose 'occupation' until lately, had been 'gone,' are continually prowling through the community, and every now and then seizing and carrying away their prey. As a specimen of the boldness, though fortunately, not of the success always with which these wretches prosecute their nefarious trade, read the enclosed article, which I cut from the _Freeman_, of January 2d, and bear in mind that in no respect are the facts here mentioned over-stated.

This affair occurred in Chester county, one of the most orderly and intelligent counties in the State, a county settled principally by Quakers. A week or two after this occurrence, and not far from the same place, a farmhouse was entered by a band of armed ruffians, in the evening, and at a time when all the able-bodied occupants, save one, were known to be absent. This was a colored man, who was seated by the kitchen fire, and in the act of taking off his shoes. He was instantly knocked down and gagged; but, still resisting, he was beaten most unmercifully. There was a woman, and also a feeble old man, in the house, who were attracted to the spot by the scuffle; but they could neither render any assistance, nor (the light being put out), could they recognize the parties engaged in it. The unhappy victim being fairly overcome, was dragged like a slain beast to a wagon, which was about a hundred yards distant, waiting to receive him. In this he was placed, and conveyed across the line, which was about twenty miles further south; and that was the last, so far as I know, that has ever been heard of him. The alarm was given, of course, as soon as possible, and the neighbors were quickly in pursuit; but the kidnappers had got the start of them. The next morning the trail between the house, and the place where the wagon stood, was distinctly visible, and deeply marked with blood.

About a fortnight since, a letter was brought to our office, from a well-known friend, the contents of which were in substance as follows: A case of kidnapping had occurred in the vicinity of West Cain Township, Chester county, at about half past one on Sunday morning, the 16th March. A black man, by the name of Thomas Hall, an honest, sober, and industrious individual, living in the midst of a settlement of farmers, had been stolen by persons who knocked at his door, and told him that his nearest neighbor wanted him to come to his house, one of his children being sick. Hall, not immediately opening his door, it was burst in, and three men rushed into his house; Hall was felled by the bludgeons of the men. His wife received several severe blows, and on making for the door was told, that if she attempted to go out or halloo, she would have her brains blown out. She, however, escaped through a back window, and gave the alarm; but before any person arrived upon the ground, they had fled with their victim. He was taken without any clothing, except his night clothes. A six-barrelled revolver, heavily loaded, was dropped in the scuffle, and left; also a silk handkerchief, and some old advertisement of a bear bait, that was to take place in Emmittsburg, Maryland. In how many cases the persons stolen are legally liable to capture, it is impossible to state. The law, you know, authorizes arrests to be made, with or without process, and nothing is easier under such circumstances than to kidnap persons who are free born.

The very same day that I received the above mentioned letter, and while our hearts were still aching over its contents, another was brought us from Thomas Garrett, of Wilmington, Delaware, announcing the abduction, a night or two before, of a free colored man of that city. The outrage was committed by an ex-policeman, who, pretending to be acting under the commission which he had been known to hold, entered, near the hour of midnight, the house of the victim, and alleging against him some petty act of disorder, seized him, handcuffed him in the presence of his dismayed family, and carried him off to Maryland. The cheat that had been practised was not discovered by the family until next evening; but it was too late, the man was gone.

At the time Mr. Garrett's letter was handed to me, narrating the foregoing case of man stealing, I was listening to the sad tales of two colored women, who had come to the office for advice and assistance. One of them was an elderly person, whose son had been pursued by the marshal's deputies, and who had just escaped with 'the skin of his teeth.' She did not come on her own account, however; her heart was too full of joy for that. She came to accompany the young woman who was with her. This young woman was a remarkably intelligent, lady-like person, and her story made a strong appeal to my feelings. She is a resident of Washington, and her errand here was, to procure the liberation of a sister-in-law, who is confined in that city, under very peculiar circumstances. The sister-in-law had absconded from her mistress about nine months since, and was secreted in the room of an acquaintance, who was cook in a distinguished slave-holding family in Washington; her intention being, there to wait until all search should be over, and an opportunity offer of escape to the North. But, as yet, no such opportunity had presented itself; at least none that was available, and for nine long months had that poor girl been confined in the narrow limits of the cook's chamber, watched over day and night by that faithful friend with a vigilance as sleepless as it was disinterested. The time had now come, however, when something must be done. The family in whose house she is hid is about to be broken up, and the house to be vacated, and the girl must either be rescued from her peril, or she, and all her accomplices must be exposed. What to do under these circumstances was the question which brought this woman to Philadelphia. I advised her to the best of my ability, and sent her away hopeful, if not rejoicing.

But in many of these cases we can render no aid whatever. All we can do is to commend them to the God of the oppressed, and labor on for the day of general deliverance. But, oh! the horrors of this hell-born system, and the havoc made by this; its last foul offspring, the Fugitive Slave law. The anguish, the terror, the agony inflicted by this infamous statute, must be witnessed to be fully appreciated. You must hear the tale of the broken-hearted mother, who has just received tidings that her son is in the hands of man-thieves. You must listen to the impassioned appeal of the wife, whose husband's retreat has been discovered, and whose footsteps are dogged by the blood-hounds of Slavery. You must hear the husband, as I did, a few weeks ago, himself bound and helpless, beg you for God's sake to save his wife. You must see such a woman as Hannah Dellam, with her noble-looking boy at her side, pleading in vain before a pro-slavery judge, that she is of right free; that her son is entitled to his freedom; and above all, that her babe, about to be born, should be permitted to open its eyes upon the light of liberty. You must hear the judge's decision, remorselessly giving up the woman with her children born and unborn, into the hands of their claimants--by them to be carried to the slave prison, and thence to be sold to a returnless distance from the remaining but scattered fragments of her once happy family. These things you must see and hear for yourself before you can form any adequate idea of the bitterness of this cup which the unhappy children of oppression along this southern border are called upon to drink. Manifestations like these have we been obliged either to witness ourselves, or hear the recital of from others, almost daily, for weeks together. Our aching hearts of late, have known but little respite. A shadow has been cast over our home circles, and a check been given to the wonted cheerfulness of our families. One night, the night that the woman and the boy and the unborn babe received their doom, my wife, long after midnight, literally wept herself to sleep. For the last fortnight we have had no new cases; but even now, when I go home in the evening, if I happen to look more serious than usual, my wife notices it, and asks: "Is there another slave case?" and my little girls look up anxiously for my reply.

* * * * *

From Miss MARY B. THOMAS.

Daring outrage! burglary and kidnapping! The following letter tells its own startling and most painful story. Every manly and generous heart must burn with indignation at the villainy it describes, and bleed with sympathy for the almost broken-hearted sufferers.

DOWNINGTOWN, 19th, 4th mo., 1848.

"My Dear Friend:--This morning our family was aroused by the screams of a young colored girl, who has been living with us nearly a year past; but we were awakened only in time to see her borne off by three white men, ruffians indeed, to a carriage at our door, and in an instant she was on her way to the South. I feel so much excited by the attendant circumstances of this daring and atrocious deed, as scarcely to be able to give you a coherent account of it, but I know that it is a duty to make it known, and, I therefore write this immediately.

"As soon as the house was opened in the morning, these men who were lurking without, having a carriage in waiting in the street, entered on their horrid errand. They encountered no one in their entrance, except a colored boy, who was making the fire; and who, being frightened at their approach, ran and hid himself; taking a lighted candle from the kitchen, and carrying it up stairs, they went directly to the chamber in which the poor girl lay in a sound sleep. They lifted her from her bed and carried her down stairs. In the entry of the second floor they met one of my sisters, who, hearing an unusual noise, had sprung from her bed. Her screams, and those of the poor girl, who was now thoroughly awakened to the dreadful truth, aroused my father, who hurried undressed from his chamber, on the ground floor. My father's efforts were powerless against the three; they threw him off, and with frightful imprecations hurried the girl to the carriage. Quickly as possible my father started in pursuit, and reached West Chester only to learn that the carriage had driven through the borough at full speed, about half an hour before. They had two horses to their vehicle, and there were three men besides those in the house. These

## particulars we gather from the colored boy Ned, who, from his

hiding-place, was watching them in the road.

"Can anything be done for the rescue of this girl from the kidnappers? We are surprised and alarmed! This deliberate invasion of our house, is a thing unimagined. There must be some informer, who is acquainted with our house and its arrangements, or they never would have come so boldly through. Truly, there is no need to preach about Slavery in the abstract, this individual case combines every wickedness by which human nature can be degraded.

Truly, thy friend,

MARY B. THOMAS."

In a subsequent letter, our friend says: "As to detail, the whole transaction was like a flash to those who saw the miserable ending. I was impelled to write without delay, by the thought that it would be in time for the 'Freeman,' and that any procrastination on my part, might jeopard others of these suffering people, who are living, as was this poor girl, in fancied security. Our consternation was inexpressible; our sorrow and indignation deepen daily, as the thought returns of the awful announcement with which we were awakened: they have carried Martha to the South. To do what will be of most service to the cause--not their cause--ours--that of our race, is our burning desire."

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HELPERS AND SYMPATHIZERS AT HOME AND ABROAD--INTERESTING LETTERS.