Article clipped from Indianapolis Indiana Free Democrat

Outrageous Proceeding. “We made mention two or three weeks since that the United States Marshal, John, L. Robinson, had permitted Ellington the claimant of Freeman, to visit Freeman in jail, and to examine him in reference to marks upon his person. This indig nity was repeated last Tuesday, and in a manner still, more outrageous. On Monday last Ellington returned to this city, bringing with him three men to identify Freeman as his slave. Freeman's counsel received notice that he would be taken into the presence of these men on Tuesday mourning to see if they could identify him. Accordingly on Tuesday morning Freeman was taken from jail by the Deputy Marshal to another room, into the presence of Ellington’s men. They not being Satisfied, it seems, from the countenance and general appearance of Freeman, that he was Ellington’s slave. Mr. Liston, one of claimant’s counsel, ordered him, very authoratively, to “pull up his breeches” that they might examine his legs. Counsel for Freeman told him not to do so. Mr. L. insisted—they opposed. At the instance of Mr. L. the Deputy Marshal very peremptorily ordered Freeman to expose his limbs. Counsel again directed him not to do it. Mr. Liston in sisted that the Deputy should enforce the order— he had a perfect right so to do. The opposite counsel replied that he (Mr. L.) or the Deputy could do it if they chose—they should use no force to prevent them, nor would Freeman himself offer resistance if they chose to do it, but he should not take off his clothes himself to submit to such an examination; if, however, they chose to do it, they did sit at their peril. They should be held respon sible. The Deputy very prudently declined, sta ting that he did not believe he had a right to em ploy force to make Freeman expose his person. Mr. Liston then directed that Freeman be taken back to jail, and said that he would telegraph the Marshal and see if he could have an examination under him. The counsel for Freeman demanded that if the Marshal came and any examination was to be had that they should receive notice that they might be present. The Marshal was telegraphed and made his appearance in the afternoon. After he had been closeted for some time with Mr. Lis ton, Mr. Ketcham succeeded in obtaining an inter view with him. He asked, as a matter of right, that Freeman’s counsel should be allowed to be present at any examination that might be had.— The Marshal replied that if they would not inter fere with the examination—if they would not di rect their client to refuse to strip himself they could be present, otherwise not. This condition of course was not accepted, but a written protest was handed the Marshal against any examination of Freeman which should require him to take off his clothes, and expose his person, and a written demand, if any examination should be had, that his (Freeman’s) counsel should be notified, and al lowed to be present. This was unheeded; the ex amination took place; Freeman was required to strip, he protesting against their examining him in the absence of his counsel; his back, legs and oth er portions of his person were examined for marks by which to recognize him, and it is reported that the witnesses are now prepared to swear that Free man is Ellington’s slave. Reader, what think you of such proceedings? Could you conceive that such an outrage could be committed under the direction of a civil officer, in the “high noon of the nineteenth century,” and in a country boasting of its civilization, christianity and refinement? Is there a citizen of Indianapolis —is there a citizen of the country, whose blood ties? Had such a scene transpired in Austria, what indignation should we all feel and express ! What curses and imprecations we should heap upon the infamous Haynau guilty of such an act! But the Haynau Marshal who perpetrates such a deed in the highly intelligent, civilized, refined and christian city of Indianapolis, shall we not all sing plons of glory to him? Shall not christians assemble in their respective churches, and render devout thanks to Almighty God, that Marshal John St. Robinson, by stripping of his clothing a respectable citizen of Indianapolis, in his custody, or causing it to be done, and exposing his naked ness, has saved the Union? But has the Marshal the least authority for such a disgraceful proceeding? Infamous as is the Fugitive Slave law,s does it require any such duty of him? Does he not perform his whole duty under that law, when he keeps securely the alleged fugitive? Does that law require him to shut out from his heart, all sympathy for Freedom, and to offer, every possible facility for kidnapping? Throughout this whole case, so far, the Marshal has seemed to regard himself as the special agent of the claimant, and has, apparently, taken great pleasure in furnishing him every possible facility to make out his case, and has thrown almost every conceivable obstacle in the way of the de fense. Of such conduct let the public pronounce judgment. In the contest between these gentlemen, the Free Democrat, much to the regret, no doubt, of Mr. Brown, will not interfere; at least, it will not editorially. We do not say that if any of our friends desire to be heard through our columns, that their communications shall be excluded. So far as the success of Free Democracy is concerned, we do not deem the election of a Reporter a mat ter of very grave importance. We should be pleased to see a good Free Democrat filling the office, but having no fears that the Union will be destroyed by the election of either Mr. Porter or Mr. Gordon, although both belong to parties de cidedly fanatical, we shall leave the result. very cheerfully to the people, and devote our own at tention to matters, we deem of more importance just at this time. When the time for voting arrives, we shall very likely feel inclined to exercise the right of suf frage, and in just such a way as we please; and we presume every other Free Democrat will do the same, without asking special permission of the editor of the State Sentinel, though he seems very desirous to direct them in that matter. Mr.Brown thinks it very significant that we should have copied a communication of Mr. Gor don’s from the daily Journal, repelling the Senti nel’s charge of Abolitionism. It was significant in one respect, as showing the character of the Sentinel editor. We shall have no objection to perform the same kind office for Mr. Porter, should he be induced in a similar way, or indeed in any way, to express his sentiments on slavery. The Case of Freeman—An Affecting Scene. Counsel have been engaged in collecting testi mony in the case of John Freeman. Mr. Coburn, one of Freeman’s counsel, has been to Kentucky, on notice of the claimant, to attend to the taking of depositions, Mr. Ketcham went to Georgia. He returned on last Friday, having obtained, as he confidently believes, testimony of a conclusively favorable character. He brought with him, on his return, a gentleman of high standing, who knew Freeman many years ago in Georgia. An inter view between this gentleman and Freeman was had, the particulars of which are substantially given in the Daily Journal as follows: This gentleman, by an arrangement of Mr. Ketcham, with a design that will be seen in the sequel, was nameless when he reached our shores. He was not introduced to a soul, nor his name di vulged, until the affecting scene, of which we shall speak, occurred. Mr. K. and the incog. Southerner, in company with the other counsel for Freeman, those of El lington, and a number of disinterested citizens, went to the jail to see Freeman. They all went into an ante-room, and the unknown placed him self in an obscure position. Freeman was then brought in and shook hands with Mr. K. This gentleman then told him to look around and see if any of his old friends were present. He slowly cast his eyes around on those present, nodding to this and that one with the accustomed deferential manner of colored men ; but when he came to the Southern gentleman spoken of, he fixed his eyes on him eagerly, recognized him, rushed towards him, grasped his hand, and with heartfelt emotion said, “God bless you, Massa Patillo, how do you do?” It was too much for the old gentleman's equa nimity ; he was unmanned, and shed tears. And, indeed, there were few dry eyes in the room. The two acquaintances then had a long and fa miliar talk about old times, leaving not a shadow of doubt in the minds of the hearers that they were indeed old acquaintances and bore friendly relations in “long sync.” Such is the dissolving power of Nature on the human heart, when demolishing, by a sudden as sault like this, the citadel of prejudice, that, in view of such a scene, abolitionist, apologist, slave holder, and apologist of slavery, would be moved to tears spontaneously and simultaneously. TL? Since the above was in type we find in the Daily Sentinel, the following statement by Mr. Ketcham him self = The Fugitive Slave Case, Editor of Sentinel: As the case of Ellington vs. Free man, has excited a deep interest in this community and elsewhere, and as it is generally known that I went to Georgia to take depositions, I think it is not improper to give to the public the result of my visit. I reached Monroe, Walton county, Georgia, on the 13th instant, and in a very few minutes saw that all was right. I found everything precisely as Freeman had told me— conversed with many of the citizens who remembered him well—all of whom concurred substantially in their statements. On the [5th I took several depositions, in which I have proved that Freeman came to that county in company with James Dobis, from Virginia, in the year 1833, on a freeman, and continued to live there until the year 1844— never having been absent from the places longer than a few days at a time, except in the spring of 1836, when he went in the capacity of servant or cook, with a volunteer company from Walton, down into Florida to join in the Florida war. The company was gone about two months, and Freeman returned with them. An officer in the company testifiys out the company started on the 9th of Marca, ledi—(Lb will be remembered that Ellington fing sworn that is boy “Sam, alias, John Freeman,” ran of in March, 1236.) It is also known that Freeman has two certificates from the Court of Walton county, showing that Creed M. Jen nings was appointed his guardian, 22d February, 132, andual Jennings having left the State in 1837, the Hon. Warren J. Hill was appointed his guardian, (the laws of Georgia requiring allree persons of color to have guar dian appolled.) Freeman also had two certifeates of Judge Hill, stating that he is free, and a worthy man, c., thy one dated in 1237, and the other 1844. Shunted up the old musty records of Walton county and found the orders, copies of which Freeman dug, Judge Hill deposes that the two certificates purporting to be his are genuine. He also deposes that the old letter of 15th March, 1931, from L. B. Jennings is a genuine letter, in the hand writing of Jennings, who afterwards moved to Monroe, and died there. The Judge also examined Freeman's mass of busi ness papers, and deposes that he was personally acquaint ed with most of the transactions. He also deposes to the fact of Freeman’s having come to Monroe in 1631, and hs continuaner there till 1844, except that he went in 1836 with the company to Florida, and also that he went out into Tennessee pedaling a short time before he left for [i diana—that he sod Freeman most of his load of goods .When he started for Indiana, sold him one of his horses, and that, Freeman said, when he started, that if he lked the country, he should not return, otherwise he would, Barbour and Coburn, Esqs., forwarded to me Freeman’s ‘daguerreotype, trout and aside view, which 1 received the day I took the depositions. There were at the post Oee ffly persis when 1 received it, 1 opened it and turned 1 to the crowd, who, With one voice and acelama den, pronounced it to be Freeman’s, and a most excel lent liceness. I brought with me Leroy Pattillo, Esq., a native of Geor gia and Who has resided in Monroo since 1827, a man high ly esteemed by all his town. Who has beea postmaster in Monroe since 1835. Not a soul in Indiana knew this gen tleman was coming. Freeman had never mentioned his ame, and his name was not listed by me or any other person, after We came into the Stars (the reagon of which I explained to Mr. Pitilly before we left Kentucky.) In the afternoon of Thursday the day I got home, we noti fied Walpole and Liston, Esqs., counsel for Ellington, that we intended to take a gentleman from Monroe to see Freeman. They, together with Freeman’s counsel, John Wilkins, Willian Haunsiman, Col. Davidson, C. C. Camp bel, and a number of other citizens, went to the jail. Harry Vandegrift took us into a large room of the dwells ing house and brought Freeman in. I do not think Free man knew I fiad returned. After shaking hands with him, I told him to look about and see if there were present any strangers whom he could game. He ran his eye deliber ately over the company, and at last it rested on the Geor ge gentleman. Jy was riveted for a moment, and then, with a bound, he seized him, exclaiming, *O, Massa Pate tillo, is, dis you”? ‘The kind-hearted old genthorun was overcome, and he and Freeman mingled their tears tog eller. 8 Mr. Walpole questioned Mr. Pattillo about himself and Freeman until he was satisfied; after which, Mr. Pattillo spent a half hour in talking over matters and things in olace, just as you and I would talk of Indianapolis, if we should meet afters long absence of one of us from the place. I was there tender to bose southern gentlemen whose acquaintance I made, and who expressed their interest in Freeman’s behalf, my kind regards. And, especially, the citizens of Monroe, for the proutpriess with which hy afforded me every facility to forward the object of my vis it. And I am under special obligation to Hon. Warren J. Hill, who gave me the hospitality of his house, and who took a deep interest in Fregman’s mattern. Judge Hj is a whole-hearted southerner, highly esteemed by all his neighbors, and was nominated by the Democratic party for the State Senate, just before I got to Monroe. July 25, 1853. JOHN L. KETCHAM. Opp Frxions.— The celebration of the I. C. O. F. on last Thursday in this city, was very credi table to the order. Nearly 400 of the fraternity marched in procession to Masonic Hall, where an address was pronounced by Wm. Wallace, Bay. The address has been highly commended. We are pleased to learn that it will be published in pam phlet form; and if we are so fortunate as to re ceive a copy, we shall treat our readers to some extracts, if not to the whole address, Faverre Country Metrixe.—We are requested to state that the Free Democratic Meeting which has been called to be held at West Union, Fayette county, on the 4th of August, is postponed to Aug. 20, on account of interference with other meetings. See the call in another column.
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Indianapolis Indiana Free Democrat

Indianapolis, Indiana, US

Thu, Jul 28, 1853

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