Press enter after choosing selection

Circuit Court Of The United States For The District Of Michigan

Circuit Court Of The United States For The District Of Michigan image Circuit Court Of The United States For The District Of Michigan image Circuit Court Of The United States For The District Of Michigan image Circuit Court Of The United States For The District Of Michigan image Circuit Court Of The United States For The District Of Michigan image
Parent Issue
Public Domain
OCR Text

Present - Hon. John Mc Lean, Circuit Juilge. do " Ross Wiuiixs, Dist. Judgs. Francis Giltner vs. Ciiarles T. Gorham and others. Por Plaintiff, MTessn Pr.itt and Norvell. For Defendants, Messrs. RoHKYN, Emmoxs, Cook, Wells and Ci.auk. Cornehus Covert called, en the part of tho defendants. Went on the ground about nine o'clock, A. M., went on with Mr. Alcott, Lusk and Halsey. Gorham asked Troulman wliat the trouble was. Troutman replied that he was after the Crosswhite family. Gorham asked for bis autliority. Troutman gave it same iis t(js;ified by other witnesses. Gorham replied you cannot lake ihem. Troutman ssked vrhy. Gorham replied ihat you can see from the" excitement that you can't tuko them. Troutman demanded his name, and asked if he was responsiblu. Gorham gave his name, same as testified by other witnesses. After tliisconversation the crowd moved off towavd the house, and I took Gorham by the arm and walked off another way, and held a conversation with him for some ton or fifteen minutes. The wagon that the Kentuckians had was Gorham's. Dixon soon came to Cook, Gorham and myself, and said, " I'll be d d if I am going to bother this way any longer. J I command you Mr. Cuveit, you Mr. GorlTam and you Mr. Cook, to assist me in taking these slaves.'' Gorham cailed him a contemptible puppy, and said, do you think I am going to dirty ray fingers in the business. Troutman offared the (irst resolution tliat I beard. It was in part sometliing about abidinc by ihe hiws of our country, and sufFering them to take the slavcs. Gorham amended it, have forgotten how. I leep a livery stable. Tlio wagon was engaged the niglit before by Troutman and was ready at six o'clock in the morning. Cross examined. - The re was considerable icxcitcment, and loud (alk, threats were made. I could reuollect hut a small part of the conversatiori. Sometime before Dixon called on ns to help take the slaves, ne said something to me about teeping the peáoe. Daniel S. Green produced and svvorn on the part of the defendants. Went on the ground witli Gorliom and others, arrtved on the ground about nine - saw Gorham meet Troutman. Gorliam inquired what was goingon, or something to that effect, Troutman replied he was after the Crosswhiie family, is runaway slaves. Gorham demande! his autboritv. Troutman gave it as before testified. Gorhain suid something about the pie beïïlg the law, or somelliing to thal elfeot and pointed lo the crowd. Gorham told liim he thought he could not tako the slaves. Troutman demanded his name. Gorham gave it, the same as testified by other witnesses. Aller i routman had wruten llie name, lie said to Gorham, I understand you sav that I sliall not take the slaves. Gorham replied, I said no such ihïng, I say from the present appearunco you cannot take the slaves. I stood withifl a few f'eet of Gorham at the time. Gorham's marnier was courteoua and kind. Wlien Tro ut man denaanded nis name hespoke prompt ly. Gorham appeared for a moment excited as though he was insulted. I heard the con versation until they separated. When Patterson came on the ground mektng a noise witli iis bell, Gorham went to him and told bira to olear out and slop his noise. I staid about an ion r and lelt. No resolutions were oiïered afer I came on the ground or befare I loft, in ny hearing. I left about ten o'clock. Two oï hreeof'the Kentuckians followed me down. The people were leaving fast when I left. I lo not tlunk a resolution oould have been put o the orpwd vvliile I was there without rny ïcaring it. I was nearthe crowd all the tiraa remained on the ground. I heard Comstock give his name, this is all I recolloct of the con'ersation between Comstock and Troutman. VIr. Gorham's manner was courtcous all the itne I remained. I heard him reprove Camp and teil him to be quiet. Cross examined. - There was, among some on the ground, talking loud and some excitement - they talked in groups - 1 did not move bout much - I remained near the gate and out ido. Direct. - Mr. Troutman appeared to be the rallyingpoint fortlie crowd. Thoy kept near him - 1 heard no thrcats except from Camp. After Gorharn came on tlie ground and liad the conversation with ïroutman, tliere wasfun and laugh. Hurace C. Ladd called for defendants. 1 went tb Gross white 's about nine o'clock - went alone - went inlo the house - saw the wotnan and two children - did not sec Adam and the boys. I looked for tlicrn and enquired for them. I staid in the liouse a few minutes. - I As I came out of the house, I saw üorham come up - saw hiin meet Troutman. When I came up they were in convursalion. Troutman was telling to whom the ïlavcs betonged and where he wanted to take them. Qorbam dumanded his nutliomy. The rewainder of the conversatie! the samo as otlier witnesses haye ttified on the deferiee. 1 left the ground about ten o'clock, or a linlu uíier. A great many had lof( tho ground before. Three of the Kentuckians had left before, 1 followed them down. Mr. Troiitman remnincd. I heard no resoluiions whilo I remained. If any resolution had been ófFered, such was my position in reference to the crowd, I must have heard it. 1 was not tworods frorn ihu crowd at any lime. Oorbam and ComSto#k wem mild an'd eonoilktory in thnir rnnnncr tiuvarü Mr. Troutman. I heard Gorham 'rebuke thnsc around him who made violent reinarks, or were miking a noise. Cross Exarninod, - I was ome excited whpn I first carne on the grpund, but it soon gubsided wilh me. l did r.ot care enough about it to go near the nroceedings ni'mr l left the ground - dhftuld thiuk tïiuro tnight be 150 persons on the ground. Court adjourued to eight o'clock, Thursday moruing. Thürsdav. Ju!y 5, 1848. Court met at 8 o'clock, A. M Robert Wilhamson called, on the part of t)io defendants. Was on tbe ground at Crosswlike's on the morning referred to. Saw part of the siaves when I arrived. I loo!;ed n liie house, did not soe the boys. I saw Comstock come on the ground. He went to the house and lookcd in - turned round - enquired for the Kentuckians. Troutman was pointed out. Comstock I approachcd hun, enquired what he was goinf to do. Troutman replied that he was goiog to tuke the Crosswhite family. Comstock replied, you see from the appearance that you can not take them, by legal, moral or physical force, waving Jus hand over the crowd. Troutman demanded his name. Comstock gave it, as testified by olher witnesses for defence. Cornstock's manner was mild and gcntlomanly. I rernained añer this perhapsan hour. I left in oompany with thrce of the Kentuckians. Mr. Troutman went a short way and had conversalion for a moment witli one of' the ans, altor whlch he returned lmck. I passed down with threo Kentuckians and lome thirty others. I stoppivl at my house on Main 6t., two or three minutos, and then proceeded to the Marshall House. When I arrived at the House Í saw Fitzgerald in the House. When 1 ieft, there miglit have been fifty remainini scattered round on the ground. I remained l round and ncar the crowd until I left. I wa near Troutmao most of the time. Thure wa no rosolution offbred while I remained. I sho'c have heard it, if any had been offered. When I arrived at the Marshall House J found the ihree Kentuckians there. I left Comstock on the ground. I saw Gorham on the ground did not heur his conversation, Hig appearance was courteous so far as I perceived. George Frain called, on the part of the defendants. I wout on tlie ground on tlie morning refer red to, in compmy with A. B. Cook and oth ers. I found six or seven white men, besides the Kentuckians, on the ground, and two col i orod persons. Soon after I c.ime on the grouni , I beard Giïtner m;ike a threat thattliey vcouli hitve the slaves, or they would bn'ng a regiment irom Kentuoky and take ihe town. ïhis was addresscd to the crowd around Iiim in a peremptory manner. Heard a conversation between Comttock and Troutman, when Troutman demanded liis name, in substance as tt-stifiod by otlicr witnesses for defence. I remained on the ground till the crowd were gone I heard the resolutions. Troutman offered iho first resolution. All tlie resolutions were ofj fered consocutively, in subslance iis other u tnesses for tha defence have testified. The j whole crowd had starled to move off. Trout, man went with the othcr Kentuckians some fifteen or tweuty rods, when they stopped and lield conversation for a minute, when Troutman returned back where some fifty of tlie crewd remained talking and laughing. 'J'routniai] iiddressed them a few moments and put the first resolution. Grorham amended it by saying, " if they do it lpgally." This amendment was carried. Hürd put a resolution, then Troutman one to adjourn, and they all dispersed. Andrew L. Hays called on the part of tb defence. Has rasided ia Marshall seventeen years, i a brothor-in-law oí Gorham's. I went on th ground at Crosswhite's about nino o'clock. ', stopped at first a few roda from tlie rnain crow I went up with Dr. Comstock, and others. - Comstock stepped up into the main crowd. - i I only haard Comstock give his name, I was some distance off. Gorhara met me at tlie time Comstnck went into the crowd, and ente red nto conversación with me; I romained talking with Gorham fifteen minutes. Tho convcrsation ivas in hearing of otliers. We wore conversing about their taking the slaves down to Esquire Shearraan'a oííic;, and about the probability of their belonging to thern. Something was suid about the improbability of a schoolmaster's beingafter slaves, Gorham aaid that the re could be no objection tr their taliing the slaves down to Sliearrnan's office. White we vvere ta'lking, Troutman approached. Some one in the crowd made some insulting remark to Troutman. Troutman replied to the remark - " I won't talk with you, I'll talk with those men for they are gentlemen," referring to Gorham and myself. Troutman commenced conversing with me in the preence of Gorham, about taking the slaves 10 Sliearman's office, Gorham Raid yes - some one in the crowd objected to Troutmai:'s tuking che slaves to Shear man's office, Gorham turnud round and said, " w'uat objection V' I remained on the cround an liour - Grorbam was willi ino all the time I ruinained. His marnier wns calm and conciliatory. No resolution v. as patsed or offered whtle I was on tlie ground. If there htd been any, I must have heard it, for I was not oxcited nt all. Quito a large proportion of the crowd had left when I started. Three of the Keutuckians had leftjust before me. I followed thi'in to the Marshall House. I saw Fitzgerald n the Marshall House when I gol diere Troutman arrived in Sfleen minutes after me at the Marshall House. Troutman made a remark to some one, that tliey had come away ton soon, for they had some resolutions after thcy lcfr. At this stago of the examination, Mr. ,T. W. Troutman was called up, and a question jropoundod to hun about a con vereation with Dr. Uays, in Pratt's oüicc;, i lew weeks sinre. 1 had aconversation with Troutmanifl Pratt's offico. He was talking about the resolution. 1 said tb him that I heard no resolutiona. He then enquired of iül' when 1 lefi the ground, I I replied, "after the other Kentuckians." He replied, then l would not li ivc heard them, as tho.resolutiona we re all passcd the; lust tfaing. I saw Mr. Murd come on the ground some 20 minutes befure 1 left. He seemed quiet - I heard little (rom him. I heard Troutman say on the ground, that probubly they could come ib some conclusión about liie matter, that lie iliii not want the slavos. Cross Jiixamined. - I commenced the conversation with Troutman in Pratt's room. It was nbour. tlio resolution of Hu'rcl. Troutman nquired if I heanl f, 1 replied t.'int I heard io iv''!ution. Ti-oulraan then. said I must lame lef t before. Hdrd made a remarle in rnv leaxing on the gfflund, liko thi, " Lot us give hém twa Imurs to Jeavo the ground," nrsome,hin!T to tliat effect. It ia my improssion that Comstock left about the time I did. üurd stood quiet whüo I reraained - he wasconverÍR with soms arounr] Diroct. - The conversation n Pratt's room was about my recollection oftho resolutions. Troutman said the resolutions were passed the first thing. Henry S. Chipman called for the defence. Has resided in a slave state sixteen years - held slaves. I lived in South Carolina - I own ed about seventy. A runaway slave is notcon sidered ns valuable as otlitrs, it reduced their value very much, it would 'reduce their value one hlf or more. E. R. Mills called for on the part of the defendants. I went upon the ground at Crosswhite's about half past eight. I saw Gorliam come on the ground about half au liour after. Troutman approached him, - the first thing that heard was Troutman demanding his name. The remainderof the conversation was, in substanco, as others have testificd on the defence. Gorham's manner as I observed was kind and concihatinc. Heard part of the conversaron between Mr. Comstock and Troutman, in suSstance, as others liavc tostified on tlie part of the defence. I staid tül the crowd dispersed, Troutman ofI fered tlie first resolution. This was just before the crowd dispertad, lialf or two-thirds had gone at this time. 1 do not tliink. that a reso'ulion could have been offered and carried by acclamation without my heard it. This witness confirmed in material point what the witness for the deftndants have testified. Raudal Hobart called on the part of the defence. I am the magistrate who issued the criminal warrant ngainst Mr. Troutman, and before wliom the suit f'or civil damages was brouo-ht. I heard a conversaron on the of Jan. 28th 1847 between Mr. Troutman and Gorham in my office. 1 do not recollect who commenced díe conversation. lo was saij between thetn tbat the slavej had gouo. Gorham replied, "I am sorry." Troutman said "I presume you are very I sorry." Gorham added, "I am very sorry, I should have preferred that thev had 1 cd." Trotitman said, "I would give $100 f they were back. Gorham askod if he would not givo two hundred. Trouiman said "I dont inow bat I would." Gorham said "I don't snow where tbey are, but if I could get the $200, I don't know but I would undcrtake to jet thcm back. Some more was said about ringing them back and putting tliem in tho j ïouse, and that every white man sliould keep i way &c, I do not recollect distinctly wLat. ! Proutman said he would tako counsel, anu eft the room. Mr. Hurd was by, butdid not Jariicipale in tlie conversation oxcept at the lose. Hurd was as!;ed by Gorlmtn if' he vould not take half. Hurd replied "yes I vill takc half tliat s!ock.;' 1 his was ail ihat lie.-ml Hurd füv, ihat 1 remember. ] tbink Mr. Troulman was present when Mi-, Huid made the remarle, but I ara not certain. This onversation appeared to be in a hantering] one Ht first, but towards the close of' t appeurd more serious. 1 am not an abolitionist. Cross examincd - Question by Counsel. Have you not strong and eentiments ïgainst slavery. 'I have." Direct rcsumed - Neitlier of üic defcndants had anything to do with eillier of the suits vvithin my knowledge. Mr. Gorham offered to go bail for Mr. Troutman. Cross cxa?nined - Mr. Gorham was present during inost of the trial, Mr. Hurd a part of the time. Question by Counsel. Did not Gorham & tiurü ofien converse with Crosswhite's counsel during the trial and mike suggestions to him. " Tliey tnight have done so, my attention was most of the time engrossed in hearinand taking down the testimouy. So you do not know that they did so ? I do not. Did you not see them do so] I did hot. Did you not state to Mr. Troulmari at the close of the trial of thesuit of trespass that you regretled that your jurisdiction did not extend :o two hur.dred dollars? I did not. Did you not state that you regretted thnt it did not extend to five hundred dollars? 1 did not. Friday, July 7th. Alvin B. Ilurd rccallcd by defendarts. Gorham said to Herman Camp. When Camp was mak ing objecüons to iheir taking the alavés before.Esq. Sherman, "what objection can there be, I see nono." This was after the conversation between Gorham and Trouiman. George W. Hoag calli'd on the part of the defence. Went on tho ground at Crosswhito's nt 8 o'clock. Savv Gorham come on the ground. Heard tlie conversation between Gorham and Troutman. Tliis witness sustained quito minutoly the testimony of the main witnesses on the part of tho defence ia regard to this conversation. Was present when the resolutions was offered. Just before this Troutman remarked tli'it was breakfast time, and tliree of the Kenuckians, Rfessrs. Lee, Giltner, and Ford lelt ie ground, and quite a nuinber with thetn. - 'roiitmari went a short wav with thein :r,n eturned back. A crowd gathered round liim - I approaclied them. Mr. Troutman was talking - I did not understand his words. 1 heard Gorham say "I amend the resolution, " 'provided they do it legally,' " this was voted upon. Hord offored a resolution mmedintely lifter. Tlien Troutman offered a rebolution to iuljourn. 1 was inning' tlio crowd all the time ftfter Górham arrived. I henrd no resolutions otfered, bcfore the ones I have stated. IJ' a rosolution had beet) oiFered and votcd upon, 1 tnuit havo heard it - I huard one. Cross cxar.ined--Theve was considerable noiso and talkiug in the crowd. Alvah SL Terry called on the part of the defendants. Went upon tlie ground at half past 8o'c!ock. Saw Crorhnin corne upon tho ground - huard lbo conversatiou betweon Gorham und Troutram. [This witneas was quite minute about the nonvereation arwl fustitined in svery part the testimony of the main witnesses for the defence.] I henrd Dr. Comstock givo Lis name - was not near enough to hear more of the conversador). I Jeft the ground just after the threo Kentuckians hnd left. Ño resolutions had been ofFured when I left. T was with the orowd ali the time I remained on the ground. If a reaolution had been ofTered such was my position and attentioti, that I must have heard; no resolution was oifered while I remained. - I heard Gorham saj, when objections were made to their slaves taken to the Justice's office. "Wlial can be the objection, 1 can see none." Cross examined - I was cxciled when I u-ent on the ground, hearing they were kidnapping. After I understood their business 1 was not excited. liad a private convprsation with Dixon. John H. Wells caüed on the part of the defence. 1 went into the house wher I hrst camc on the ground. I saw only Mrs. Crosawhite and one little girl of the f'amily - I kncw the fami]y wel!. I looked for the children; this was near nine o'clock. As 1 came outof the house I saw Dr Cotnstock coming up to the boute, he looked in, lie then turried round and entered into conversónos wiih Tnnüman, same as stated by other wimesses ior defence. I left the ground and was gom hali'au Imuroi1 more, on my way to the ground I mot Dr. Comstock and many others coming away. As I approached the ground I be&rd Gorham say in a loud voice, "I raovc an amenument to thu resolution, ií'it can be done logally." Tliis was the h'rsl in the form of a rcsoluOD tfaat I heard on the ground. Heard 3urd's resolution - I heard Hurd rebuke Tamp for an expreszon about tar and feathc.vs. Troutmau oftered a resolution to adjourn and all disappeared. I sav notliing of the laves af'ler 1 returncd. I should judge f rom all I heard and saw of VIr. Gorham on that occasion, that he was docidedly in favor of the slaves büing taken to the Justice's office. I beard a conversation at the Marshall i House betweea Gorham and Hughes. Huglics said t was a d - d Preebyterian operation - j Gorham replied that Huglies ought i.o be aahi amed of himself. Hughes then said, "You havo made yourself liable. These men understand wliat they are a bout - tfiey have taken couu' sel and acted understand i ngly. Gorham said I have done nothiiig to be ashamed of, or thnt I would not do again under similar circumstances, that he had not nterfered to prevent the slaves being taken to the Justice's office. I recollect this distinctly - I went that evening' at the request of Gorham to Hackett's, to endeavor to persuade the Crosswhile familv not to k-ave Marshall. I did not sce Gorham or Hurd at Hacketls that ; i Crost ( -I u-on; d, Hackett's abaut tuMi o'clock and remained there au hour or inore - Gorham requestcd me to' go about. half past 9 o'clock. The old lady and two of the children of the Grosswhite's werc at Hackett's that evening on my arrival. 1 saw Adam in the course of the evening. They left whilc I was there. David Wallingford called for defence. Was in Gorham's office wlien Dixon spoko to Gorham sometliing about seltling a judgment in favor ofCrosswhito, againsl Trou traan Dixon and oiliers. I underslood that Crosswhite had returned. Gorham said it was not his judgment or was not his to settle. I do not recollect all the conversaüon. 1 inferred from all that I heard, that Gorham gave Dixon to undcrstand that he had nothmg to do with it. Gorham was in the office on tlio morning of the affray at Crosswhile's, remaiued a short time and then buttoned up liis coat, said lio would go up to Crosswhitcs and sce what was going on. Cross examined - I saw Adam in company" witli Dixon that morninj; west. John Van Arman, ealled for defence. I waa counsel for Hackett, when he proso cuted Troutman for presenting the pisto!, or I assisted in the examination. Gorham spoke to me, just as I was going to sum up the cause, and requested me not to refiect severely upon Mr. Troutman; on the morning of the 29th, camo to Goi-ham's house - I was there - J heard their conversation. Mr. Troutman wished to seítle tlo judgment - said he was not prepared to settle the judgment, wished that it mighl be abated - that he did r.ot want to come back again. Mr. Hurd was culled for, at Mr. Troutman'a request and all went to the National Hotel, and l!ie eonversatioa wii3 renewed. Mr. Gorham said he had no control over tlie matter; but it might be arranged. Mr. Troutman appeared cjuite solicitous, and said he wanted it arraiged so that he might not be obliged to como back to Marshall. Gorham and Hurd offered lo try and1 assÍ6t in having it arranged. Troutman snij he l:ad not money to settle it. Hurd or Gorham oíFered to loan bina money. I am not sure which. They both appeared willing ta assist liim. Troutman repoatedly ezpreaaed regret that. ihe Crosswliite family had left Marshall - feared they would not be so wcil oíFin Canada. Said ihe oíd lady had nursed him when an infant - and as they appeared to be respected and happy in Marshall he had given up all idea of tai;insf thcm away - and, if they ware back, would do as mucli as sny une, lo mako them comfortable in Marshall. - Hurd nnd (lorham. expresse. 1 regret they had gone - said ropeatedly that they fiad nothing to do ín their gomgawiiy. No settlemeiir was made. Heiiry 13ibb caTlod for defeDCO. I ana a native of Kontucky. Lived there until I was twenty onc yoars of age. Havo boen twice back to Kentucky. I have Bome knowlodge of the rlattve vuluo of slaves that liave cscaped into u frce State uul been recaptured, generaUy taken to New Orleans and so)d to slave diMieTs. Wbon :i slave lias ca id to a f#oe Siaie, and resided hay oonsidU time in a firefl State, atid is tlien recan tured, and hrought back to Kenturky, tl' v ure not lpft to minglo ivith othar slavee, blrt are usuaily kopt Conflned utitil tlioy can be sold further south. The effect of a slave having lived in a free State aml learned the georapliy of'tlio country, wouid be not only to affbrd facility for tlie slaves to escape, but te. learn otliers to eecape. I OICBped trom slave ry vhen I was twerity years cf age I wat recaptured n 1837. Again escaped, and was recaptiired in 1839. I would l)e valueless at tlie soulh now - they would nol have me there. ölavos are examined in the niarket; llieir teeth, Jcgs and back. Tlieir backs are examined, to see marks of the lasli - they are made to walk off, to lost their activity. There are many thinga that effect their vahie. ïheir dieposi tjon, docility, health, nge, &c. The defondants here rested, and the plaintiff recalled Francis Troutman. I heard ihe testimony of A. B. Cook, in relallon to my saying on the ground, that I did not want the slaves. [ made no such stateinent on the ground. I do not recollect any jiroposition of Gorham or Hurd, at the Nat. Hole! to loan me rnnncy. I heard Mr. Van Arman's testimony in regard to my statements at the National Hotel, abont the family. They are substantially correct. I wentto Gorham's liouso, under the impression that Mr. Gorliam wanted to see me. H. M. Dixon recalled by plaintifF. No material facts elicited.