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Fugitive Slave Case.
PHILADELPHIA, Monday, July 25. This case, according to the Bulletin of last evening, is creating considerable excitement. U. S. Marshal [Francis M.] WYNKOOP, who was placed in the custody of the Sheriff by OSWALD THOMPSON, President Judge of the Court of Quarter Sessions, on Saturday last, still remains a prisoner. The fugitive, BILL FISHER, continues in the custody of the Marshal, and was present in Court yesterday morning. At 11 o'clock, Deputy Sheriff BILLMEYER received an order from Judge THOMPSON to conduct Marshal WYNKOOP immediately to prison. The Deputy Sheriff waited upon the Marshal, and notified him of the order. J. W. ASHMEAD, counsel for the Marshal, informed the Deputy Sheriff that the Marshal was now about to appear before the United States Court, and said he would present the matter to Judge KANE. Mr. ASHMEAD then went into Court, and read the petion [sic] of the Marshal praying for a writ of habeas corpus. Judge KANE asked counsel to show the authority of this Court for issuing a writ of habeas corpus. Mr. ASHMEAD read from the opinion of Chief Justice MARSHALL in the case of TOBIAS WATKINS, to show that the United States Courts had no such authority. Judge KANE said the act of Congress by which the Court alone received authority to grant a writ of habeas corpus was the act of 1789, and added that if the petition is not to take the Marshal out of the custody of the Sheriff, the writ of habeas corpus will issue. I would rather that the petitions should be amended. If it is meant that the Sheriff holds him by virtue of a process issued out of the State Court, I would quash the writ. I would like the language more definite by a change of phraseology. The writ was then granted by the Court. Marshal WYNKOOP was brought into Court by Deputy Sheriff WM. M. BILLMEYER, when his counsel, Mr. ASHMEAD, asked that the U. S. Marshal might be permitted to make a statement to the Court. This was granted, when the Marshal arose and recited the facts of the case as they have been before published, and wished to know whether he had acted right in the premises. He was answered that he had. Marshal WYNKOOP made a proper return to the habeas corpus issued by the Criminal Court by producing the body of the fugitive. The Marshal was then released, and the fugitive committed to prison to answer the charge pending in the State Court, and also to await the claim of the Marshal.
Source: Unknown, "The Philadelphia Fugitive Slave Case," New York Daily Times, Tuesday, 26 July 1853, p. 1.
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