xt7wm32n6f8k https://exploreuk.uky.edu/dips/xt7wm32n6f8k/data/mets.xml Mahan, John B. 1838  books b92kf223m35m3418382009 English Samuel A. Alley, printer : Cincinnati, Ohio Contact the Special Collections Research Center for information regarding rights and use of this collection. Mahan, John B. --Trials, litigation, etc. Trials (Slavery) --Kentucky. Fugitive slaves --Legal status, laws, etc. --Kentucky. Slavery --Law and legislation --United States. Trial of Rev. John B. Mahan, for felony : in the Mason Circuit Court of Kentucky, commencing on Tuesday, the 13th, and terminating on Monday, the 19th of November, 1838 / reported by Joseph B. Reid and Henry R. Reeder. text Trial of Rev. John B. Mahan, for felony : in the Mason Circuit Court of Kentucky, commencing on Tuesday, the 13th, and terminating on Monday, the 19th of November, 1838 / reported by Joseph B. Reid and Henry R. Reeder. 1838 2009 true xt7wm32n6f8k section xt7wm32n6f8k 
    
    
    
    
    
    
   TRIAL

REV. JOHN B. MAHAN,

FOR FELONY,

IN THE MASON CIRCUIT COURT OF KENTUCKY.

Commencing   u Tuesday, th. 13th, and Terminating on Mondar the 19th of November, 1838.

REPORTED BY JOSEPH B. REID AND HENRY R. REEDER, Esqs.

CINCINNATI:

samuel a. alley, printer.

1838. 
    
   CHARGE OF JUDGE REID,

To the Grand Jury of Mason county, Ky., November 12th, 1S38.

Gentlemen of the Grand Jury:

There is one other law to which I am impelled, by inclination, not less than duty, to call your attention. It is a law which was passed by our Legislature, long before the exciting fearful question of abolition agitated our hitherto peaceful land ; long before the emancipation of our slaves was sought to be effected by means as unconstitutional, as they aro dangerous to the safety of the owner and destructive to the happiness of the slave; a law which originated in a proper and jealous Bolicitude, upon the part of your representatives, for the security of your lights and interests in what now constitutes a large portion of the productive wealth of our state.

This law declares, "that if any person shall be guilty of seducing or enticing any slave, to leave his lawful owner or possessor, and to escape to parts without the limits of the state, or a foreign country; or shall make, or furnish, or aid, or assist in making or furnishing, a forged pass, of freedom, or any other forged paper, purporting to be a deed of emancipation or will, or other instrument liberating or purporting to liberate, any slave, or shall in any manner aid or assist such slave in making his escape from such owner or possessor to another state or foreign country, any person so offending shall, on conviction, be sentenced to confinement in the jail and penitentiary of this commonwealth a period not less than two or more than twenty years; and if any person shall be guilty of enticing any slave to abscond from the service of his or her owner, or possessor as aforesaid, or shall conceal any such runaway or absconding slave, knowing it to be such, within this state, every person so offending, in addition to compensation to such owner or possessor, shall be liable to an indictment, or presentment of a grand jury, and on conviction, be liable to pay a fine of not less than fifty nor more than six hundred dollars."

In charging you, gentlemen, as to the existence of this law, and inviting your attention to its penalties, I shall be pardoned for denying that tho condition of our slaves is such as to require the kind offices of the modern abolitionists.    Hnve we, "muzzled the Ox that treadeth out the corn !"   Our slaves are better fed and clothed, than many of our white neighbors whose sympathies are enlisted in their favour. If the interest and duty if the master does not induce him to treat his slave humanely, the Legislature has ordered the .ludge of the circuit court to direct such slave to be sold and the proceeds paid to the owner. Formerly, slaves were tried without the intervention of a grand or petit jury; but now, such is the humanity of our laws, as it regards all trials, involving their lives, that they are 
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Charge to the Grand Jury.

placed upon a perfect equality with their masters, and it is made the duly ot the Judges, when a slave is arraigned, if the masters neglecled to employ counsel in his defence, to assign it for him, whose compensation is fixed hy law; the right of peremptory challenge, and all those incidents connected with the more important right of trial by jury, are extended to slaves. They are capitally punished but for few offences, while for the commission of all others, stripes are inflicted, and for many of which the owner would be sent to the penitentiary for years. A proof that our Legislature has acted upon the principle that, where "much is given much is required."

I cannot believe that any country, however enlightened by Christianity or philosophy, has done more to ameliorate the condition of its slaves than Kentucky. They are indeed happy, and if let alone would still remain so. Where "Ignorance is bliss, 'twere folly to be wise." The efforts of their pretended friends to educate them and emancipate them, among us in the present state of our laws and of public opinion, render their'condition worse   they arerivetting the fetters which they feign believe are irksome and galling still stronger, and freedom, like the cup of Tantalus, though presented to the lip, is still withheld, and still further removed from fruition.

The relation of master and slave is so wrought up in our social and political existence, that it ought not to be tampered with by any and every political or religious empyric; the consequences of its sudden disruption, are alarming to the real frierids of freedom, to the philanthropist in every clime. It is a sacred relationship; it existed among the Jews and Gentiles, long before the coming of the Messiah, yet it is among his professed disciples that we find many of those whose sympathies seem enlisted in favor of educating and emancipating slaves.

I am mistaken, if they are not pursuing a course contrary to that marked out by their Saviour, or his great Apostle to the Gentiles, all that tiuuttle on the subject of equality, to the contrary notwithstanding.

"Would any of vou, said Jesus Christ, who has a servant ploughing or feeding cattle, say to him on his return from the field, come, immediately, and place yourself at the table; and not rather make ready my supper; gird yourself and serve me, until I have eat and drink; and afterwards, you may eat and drink-!"    Luke 27.

We are answered by those who are so zealous in the cause, it was a servant and not a slave   was it, I ask a servant that the Apostle Paul found belonging to Philemon   or a slave 1 I have been taught to believe it was Philemon's slave,-and to show us by example what we ought to do   the Apostle taught him Christianity and sent him home to his master.

Rest assured that those who think they are doing God service, by meddling with the slave question, and making it a test, are as mad in their career as was Saint Paul himself before he was better taught.

I do not mean that they are deficient in education, or Philanthropy. I know better; they may be like him, bred at the feet of Gamaliel, and "more wise, more learned, more every thing," on all other subjects; but on this one, may be permitted to say as he did, after he saw his error in his unholy errand, to bind and persecute christians, they are wholly ignorant. 
   Charge to the Grand Jury.

5

I will add that, if his example is worthy of being followed by those who call themselves disciples, they should send home the runaway slaves they may find in their travels, to promote Christianity. But, instead of this course, we find every means that can be devised in direct hostility to the clearest principles of justice resorted to   societies formed to condole with, and lament over, the fancied hard fate, and unfortunate condition of slaves, printing and caricaturing, in many instances describing and depicting scenes which modesty forbids me to mention, in order to excite public indignation against slaveholders, calculated to drive slaves to insurrection, especially those taught to read and write; periodicals and address, sent by mail, containing intemperate language, and singularly unjust and false charges as to the treatment of slaves and of the moral consequences flowing from the existence of slavery. Politicians and Divines, circulating incentives to servile war, and slave-holders excluded from the Communion Table of our Saviour.

A distinguished disorganizer, I will not dignify him by soiling this paper with his name, as if determined to outstrip all his cotemporaries in abuse and detraction, has recently said, in a letter published in our newspapers, "that no American slave-holder ought to be received on a footing of equality by any of the civilized inhabitants of Europe." An anathema that will not be adopted and cherished by many, even among the abolitionism in this land,   seeing the foul source from which it comes. These and a thousand other wrongs we feel, and have received at the hands of some of our brethren here in favor of abolition. I call them brethren. We are all of one family, bound together by common origin, having the same interest in the glorious inheritance transmitted us by our fathers, who, having achieved our independence, formed that constitution in which our right to hold slaves is recognized and confirmed.

Gentlemen, although our jurisdiction is limited by the bounds of Mason county, yet in consequence of our being divided from our brethren of Ohio by a river only, it becomes necessary frequently to speak of fundamental principles in order to keep them in memory, "lest at any time we should let them slip."

Many of the first men in the world may review this day's proceeding. We wish them to know that "we appeal to the natural justice and magnanimity of our brethren, and conjure them by the ties of our common kindred, to disavow their usurpations," and suffer us to enjoy our property in peace, as secured to us by the constitution, an instrument which time has taught us to reverence, no less than language, now speaking as it were from the grave, of him who was "first in war, first in peace, and first in the hearts of his countrymen."   Hear it:

"The unity of Government which constitutes you nn" people, is also now dear to you. It is justly so, for it is a main pillar in the edifice of your independence, the support of your tranquility at home, your peace abroad ; of your safety, of your prosperity, of that very liberty which you so highly prize. But, as it is easy to foresee that from different causes, and from different quarters, much pains will be taken, many artifices employed, to weaken in your minds the conviction of this truth; and as this is the point in your political fortress, against which the batteries of internal and external enemies will most consiamly and actively, (though often covertly and insidiously) be directed, it is of infinite moment that you should pro- 
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Charge to the Grand Jury.

perly estimate the immense value of your national Union to your collective and individual happiness; that you should cherish habitual, cordial and immovable attachment to it; accustoming yourselves to think and speak of it as the palladium of your political safety and prosperity, watching for its preservation with jealous anxiety, discountenancing whatever may suggest even a suspicion, that it can in any event, be abandoned. For this, you have every inducement of sympathy and interest, citizens by birth or choice of a common country, that country has a right to concentrate your affections.

"The name of American which belongs to you in your national capacity, must always exalt the just pride of patriotism, more than any appellation derived from local discriminations: with slight shades of difference, you have the same, religious manners, habits and political principles.   You have in a common cause, fought and triumphed together. The independence and liberty you possess, are the work of joint councils and joint efforts, of common dangers, sufferings and successes."

This is the language of the farewell address which the great and good Washington left at his last benediction to his country. And remember, Washington was a slaveholder.

I repeat that your duties in the presentation of crime, extend only to the county of Mason. You must state the place where the crime was committed, to enable the accused to make defence understandingly; it is essential, and without designation of the place where the crime was committed, the indictment would be bad at common law, much more under our constitution, which secures the accused a right of trial in the county where he is charged to have committed the offence, and by a jury of the vicinage. Do not, therefore, suffer yourselves, by an honest enthusiasm for the public safety, or because of the alarming magnitude of the offence, to be deluded into a belief that this court can take jurisdiction of any crime committed out of the State.

"Heaven and earth may pass away, sooner than one jot or tittle of the ta-.tr shall be violated." And if you should inadvertantly present, for crime committed out of the county of Mason, the humblest citizen shall have the law, when the evidence comes to be heard in court. At the same time, however, it will be my honest pride to protect the interest of the community by a rigid exposition of the application of the law, as it is, to all offences against the peace and dignity of this commonwealth, within our jurisdiction. I will say like Lord Coke, upon a memorable occasion, "that I dare do every thing that it would befit a Judge to do."

When military power, and usurpation, caused Bollman and Swartwout, to be seized in New Orleans, and sent to Washington City, to be tried for treason, they were discharged by the Supreme court of the United States, "it being the unanimous opinion of the court that they could not be tried there." "But for offences committed on the high seas, or in any river, haven, bason, or bay, not with in the jurisdiction of any particular state, there is no court which has particular cognizance of the crime, and therefore the place in which the criminal shall ba apprehended, or if he be apprehended where no court has jurisdiction, that to which he is first brought, is substituted for the place in which the offence was com- 
   Charge to the Grand Jury.

7

milted." But, a court in New Orleans, had been established by law, and there they had a right to be tried.

Aaron Burr was also put upon trial in Virginia, for treason; but it appeared in evidence, that if guilty at all, he had not committed the crime in that State, and and the consequence you know, he was also acquitted and sent to the State of Ohio, where it was charged he had committed offence. Party displayed itself every where, during this interesting period, except in court. It was solemnly asked, as with auth ority: "Whether the defect was in the testimony, in the law, or in the administration of the law." Yet, the Chief Justice, (I have a right to speak of the illustrious dead,) bore the contumely and reproach of newspapers, and stump orators, some of whose effusions to our shame, found their way into    chool books, until the people became more enlightened, lived to receive the honor, I might almost add, the homage of both parties. And even now, we feel proud that he lived to give a construction to the constitution he helped to make, which will prevent one party   when greatly excited   from sacrificing the other, for words without acts. He teaches us too, if our constitution had not taught it before, that the accused has a right to be tried at the place where he committed the offence, and by a jury of the vicinage.

A southern gentleman could not be removed from his own State, to another he never was in before, and tried for Nullification   nor a gentleman, taken from any of the States, and tried for being of the Hartford Convention.

It was one of the complaints made against the British King, in the Declaration of Independence, "For transporting our citizens beyond the sea, to be tried for pretended offences." And, so far as the law on the subject of treason, may apply to any case which may come before you; I hope you will bear it in mind, and not wrong yourselves or your brethren of another State, by attempting that which the Constitution forbids.

And laying the foundation for yourGovernor to demand of the Governor of a sister state any one who has not Jled from justice. Your respectability is such, that if you present a person in another State, as having committed a crime here, the Governor, upon a proper case made out, might feel it his duty to demand the fugitive; having sworn to support the Constitution, and see the laws faithfully executed.   And the Governor of a sister State, having taken the like oath, would be unworthy the trust reposed in him, if he failed to surrender such fugitive from justice, and keep that harmony, and good faith, of which the Father of his conn-try speaks in his Farewell Address, from which I have extracted so largely.

But, if you, without evidence that the crime was committed here, present persons in another State, who gave it aid or countenance, by speeches writings, resolutions or carricatures   you do yourselves great injustice, and produce a state of feeling adverse to our mutual peace and safety, and to the sovereignty of States, not less than the personal security of the citizens.

They no doubt entertain the opinion they profess, and we as honestly differ with them. "Error of opinion must be tolerated, while reason is left free to combat it." When they talk about the truths which they maintain as self-evident    "That all men are born equally free, &c." we must point to the practice of our fathers ever since the adoption of the Constitution, to prove that slaves were no* 
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Charge to the Grand Jury.

included in thut expression: And until thoy act, within our Jurisdiction, no words, however seveie against slaveholders   or encouraging general abolition   can authorize you to present them, unless it be to point the finger of condemnation to a subject that needs reform, and then it would die as presentments made against measures, absurd in themselves, or men, unworthy the honors they hear.

I have given you the law gentlemen, and no matter how slavery may be deprecated or defended, obedience to the laws is among the cardinal virtues, especially in a government like ours, where the singular spectacle is exhibited, of the governed being also the governors. Here each citizen participates in the legislation of the country, and is bound to support the yoke which he himself has been instrumental in placing on his own neck. Here a violation of the Rights of the humblest man in the land, though only here on a visit from a sister state, is justly considered an injury to the whole, and the safety of the whole cannot be better consulted than by a strict and rigid protection of the rights of each. Whenever people forget, or disregard the law, and wrest from the constituted authorities their administration and condemn even the unworthy and guilty without the ceremonies and forms of law, liberty is in danger.

Vengeance is a feeling in which society, as now organized, in reference to the punishment of offences, does not indulge. 'Tis only when thrown back into its chaotic and impulsive elements, such as the unrestrained mob exhibits, that vengeance is known.

"The law is to the sword, what the handle is to the hatchet. It directs the stroke, and tempers the force."

For the sake then of "our own dear Kentucky." while you recollect your oath in court, recollect your honor out of court, and preserve her escutcheon by a manly and dignified contempt of every thing like violence. "Take the laws as they are, they are the only barriers, between you and the robber's violence, and the assassin's knife, and I would say, revere thorn, thwart them not   stand by their decision, come to their help all good men and true."

"Let them not be brought into mistrust by objections and commutations, 'till they have no mastery left. Let them not be undermined by the wasteful washy tide of mistaken philanthropy or revenge.

"In the name of the Divine equity, for the sake of the common protection, stay them not to their righteous, though terrible doings. Every attempt to invalidate their spoken decree is a public wrong: every voice that has sworn to Judge only according to law, and evidence, and then refuses to speak but according to party, is false to his oath."

Your oath is to present no person through malice, or ill will, or leave any un-presented through fear, favor, or affection, or for any reward, hope, or promiee thereof. But in all your presentments, to present the truth, the whole truth, and nothing but the truth, according to the best of your skill and judgment. 
   PROCEEDINGS OF COURT,

On Tuesday the 13th day of November, 1838, being the second day of the November Term of the Mason Circuit Court, the case of the Commonwealth of Kentucky against John B. Mahan, for the abduction of a negro, the property of William Greathouse from the State of Kentucky, was called for trial, being present the Hon. Walker Reid, Judge, and Thomas Y. Payne, attorney, and John A. McClung, John D. Taylor and Henry Waller, assisting attorneys for the Commonwealth; the Hon. John Chambers, J. C. Vaughan, Beard, and Francis T. Chambers, Attorneys for the Defendant.

The Court demanded of the attorney for the Commonwealth if he was ready to proceed with the trial. The attorney for the commonwealth answered that he was not then ready; he had sent on yesterday evening a messenger to Ohio for two witnesses that had promised to attend on the trial, but who had not yet arrived, and that he expected them every hour, and must therefore ask for a postponement of the trial.

Mr. Chambers objected to a postponement, because it would be oppressive to the prisoner, and because it did not appear that the absent witnesses could prove, if present, any facts material in the prosecution.

The Court said, he understood the remarks of Mr. Payne as rather addresised to the Counsel for the prisoner than to the Court, but as the gentlemen could not agree, he would overrule a postponement.

Mr. Payne then asked leave to file an affidavit, which was granted him.

The Counsel for the prisoner demanded that he should be brought into court, which was ordered to be done; and the prisoner appearing in court, was arraigned and plead "not guilty" to the indictment, and it was answered for him by Mr. Chambers, that he would be tried "by the Court and jury."

Mr. Payne then read to the Court the affidavit of himself ami 2 ' 
   10

Proceedings of Court.

William Greathouse, and thereupon moved the Court for a continuance.   The affidavits are as follows, to wit:

Commonwealth of Kentucky,T

vs. > Upon an Indictment.

John B. Mahan, j The affidavit of William Greathonse. He states that Samuel Masters, a citizen of Brown county, Ohio, he thinks is a material witness in the case of the Commonwealth against John B. Mahan. He thinks the said Masters will prove that he saw the boy John in the house of Mahan, and conversing with Mahan, shortly after the boy was missing from the farm of this doponent: That in the conversation, when Mahan and the negro John was conversing together, it was expressly told to Mahan, by the boy John, that he was the slave of William Greathouse, who resided near Washington, in the state of Kentucky: and Mahan in the same conversation, and at the same time, assured the boy John, that he would so fix matters for him, John, that he should not be caught; that none of them were ever taken after they reached his house. Affiant states that the witness Masters, promised to be at the court yesterday, which promise was made during the last week. Masters was not present yesterday at court, and the reason why, this affiant could only state upon report. On yesterday, a messenger was started to the house of Masters, to bring him. This messenger was one of his neighbors, who said he believed he could bring him, and was expected to be back to day at 2 o'clock, and we are now hourly expecting his arrival. Masters lives about 35 miles from this place. This affiant does verily believe that the said Masters' attendance can be procured, and at this time, if he is not sick; and whether he is sick or not, can be ascertained upon return of the messenger, who will be back in a few hours. And if Masters is too unwell now, his attendance can be procured at the next term of the court. Affiant also believes that he can prove by said Masters, that the accompanying letter, which is now made part of this affidavit, is in the hand writing of the prisoner Mahan: maiian's letter.

Sardinia, August 4th, 1838.

Dm Sin:

You will take care of the oppressed for the Lord's sake.   Send her to Mr.

   --Johnson's, brother of the Rev. Hezekiah Johnson, ten miles north of

Hillsborough.or to Thomas Hibbens, at Wilmington.   The Lord bless you.

Two o'clock in the morning, by moonshine in the street. Yours,

JOHN B. MAHAN.

This affiant can also prove, he believes, about the same facts, by Mr.-

Hamilton, who is also in Ohio, and a neighbor of the prisoner Mahan, and also a close neighbor of the other witness Masters; and that the attendance of Ham-Uton can also be procured, and will be here with the messenger, who is now gone for them.

Thomas Y. Payne, Attorney for the Commonwealth, states, that from the foregoing affidavit of William Greathouse, he does verily believe the evidence of the two witnesses therein referred to, would be material in the trial of this cause: 
   Proceedings of Court.

11

and from said affidavit he believes the said evidence can be procured; and that it would be unsafe for the Commonwealth to go to trial, until the said witnesses can bo procured, or till a reasonable time is given the Commonwealth to procure he attendance of the said witnesses.

William Greathouse and Thomas Y. Payne appeared before me, and made oath that the facts stated in the affidavit abovo, they believe to be true. Givon under my hand, this 13th Nov., 1838.

W. J. BULLOCK, J. P.

Mr. Chambers said he could prove by a respectable gentleman then in court, that Mr. Masters, the witness absent, said on yesterday he knew nothing that could benefit the commonwealth, and that he was not coming. Mr. C. said, because of the odium attached to the offence with which the prisoner was charged, not because of his poverty, he could not obtain bail in Kentucky; that he had already been a long time incarcerated, and in irons; that the witnesses were out of the reach of the process of the Court, it was uncertain whether they would come at all, and moreover their evidence would be entirely irrelevant, and would not conduce to prove an offence committed in the State of Kentucky; and he thought, therefore, the trial should proceed. He deemed it not necessary to discuss the relevancy of the matters set forth in the affidavits, and asked leave to file an affidavit as to the declarations of the absent witnesses for the commonwealth.   Which was granted to him.

Mr. Payne said he only wanted a postponement for two hours, that the messenger might have time to return. Mr. Chambers remarked that he might have until to-morrow morning, if he would not then insist upon a continuance. Mr. Payne said he could not agree to such a postponement, for he might then be able to prove that the witness had been detained by the prisoner's friends, or he might then be able to show some other ground for a continuance. He wanted a reasonable time, until the messenger returned, and if the witnesses did not come, but remained of their own free will, he would not then insist upon a continuance. He did not wish a continuance until the next term. He must have time to prepare for the commonwealth, and the Court should wait a few hours; it cannot oppress the prisoner; if it could, he would not ask it. He said it was not the practice to discuss the relevancy of an affidavit, but was ready to meet it.

The Court said, it is now late, and the trial shall be postponed.

Mr. Chambers.   The prisoner h willing to go back to jail, if he 
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Proceedings of Court.

can get a trial in a reasonable time, and he now urges a trial on the ground of the affidavit which he will offer.

The Court. I now have my eye upon an English decision that will decide this matter, but I will not now decide it, and will adjourn until to-morrow morning, and will then decide the motion. In the meantime Mr. Chambers may prepare his affidavit. And the Court adjourned to meet to-morrow morning at 9 o'clock.

Wednesday morning, 14th November 1838, the Court met.

The Attorney for the Commonwealth informed the Court that all reasonable expectation of being able to obtain the attendance of Messrs. Masters and Hamilton of Ohio, had vanished, and he was ready to proceed with the trial.

After ten peremptory challenges, a jury was sworn, to wit:

David Henderson, James Brodrick, Samuel Carr, George W. Prater, Thomas Parry, Samuel Clark, Samuel Watson, Joseph Howe, Hensley Cliff, Spencer K. Howe, Thomas La Rue, Reason Downing.

The Court again gave to the prisoner the privilege of excepting to the jury, and the counsel for the prisoner answered that they were satisfied.

The Clerk then read to the prisoner the Indictment, which is as follows, to wit:

indictment.

The Commonwealth of Kentucky, set.

The Grand Jury empannelled and sworn for the body of the Mason circuit, at a court begun and held for the county of Mason, on the thirteenth day of August, in the year of our Lord one thousand eight hundred and thirty-eight, at the court house of Mason county, in the town of Washington. In the name and by the authority of the Commonwealth, upon their oath present, That John B. Mahan, late of the county of Mason, gentleman, on the nineteenth day of June, in the year of oui Lord one thousand eight hundred and thirty-eight, at the county of Mason aforesaid, did aid and assist a certain slave named John, the property of William Greathouse, then and there in the said county of Mason being, to make his escape from the possession of the said William Greathouse, and to escape to the state of Ohio, and out of and beyond the state of Kentucky, he the said John B. Mahan not having lawful or color of claim to the said sluy* John, the property of the said William Greathouse as aforesaid, contrary to the statute in that case made and provided, and against the peace and dignity of the commonwealth of .Kentucky.

THOS. Y. PAYNE, Attorney for the Common-wealth.

 
   Proceedings oj Court.

IS

The Commonwealth of Kentucky, To the Sheriff of Mason County, greeting: We eommand you to take John B. Mahan if he may be found within your baihvick and him safely keep, so that you have his body before the Judge of our Mason Circuit court, at the court-house thereof, in the town of Washington, on the first day of the next November term, to answer, "the Commonwealth of Kentucky," of an Indictment of the Grand Jury found at the last August term, 1838, of Mason Circuit Court for aiding and assisting a certain slave named John, the property of one Willam Greathouse, then and there in the said county of Mason being, to make his escape from the possession of the said William Greathouse, and to escape to the State of Ohio, and out of and beyond the Stale of Kentucky, contrary to the statute in such case made, and provided, and against the peace and dignity of the Commonwealth of .Kentucky, and have then and there this writ: Witness Marshall A"ey, Clerk of our said court at the Court house aforesaid, the 18th day of September, 1838 and in the 47th year of the Commonwealth.

MARSHALL KEY.

L'pou the foregoing Capias are the following endorsements returned, to wit: Came to hand ISth September, 1838, and executed same day on John B. Mahan.

DAVID WOOD, liy. for

A. FOX, S. M. C.

A copy, Attest: Marshall Ket, Clerk-,

James R. Perrigo and William Greathouse were called and sworn as witnesses for the Commonwealth.

W. Greathouse examined.   Question by the attorney for the commonwealth. Did you own a negro man named John? state to the jury whether he left you on the 19th of June last

Answer. I had a negro man by that name, who left me upon the night of the 19th of June last, about five feet ten inches high, about 38 or 40 years of age, of a dark color.

Q. by same., Did you pursue him to Ohio, and did you meet the prisoner?   Tell what occurred.

Answer. I pursued