ly free, and returned to this
city. On the following day, he and U.S. Senator Wales, went over
and had the party taken before Judge Booth, on a writ of _habeas
corpus_. Judge Booth decided that there was no evidence on which
to hold them, that in the absence of evidence the _presumption
was always in favor of freedom_ and discharged them.
Mr. Garrett then said, here is this woman with a babe at her
breast, the child suffering from a white swelling on its leg, is
there any impropriety in my getting a carriage and helping them
over to Wilmington? Judge Booth responded certainly not.
Mr. Garrett then hired the carriage, but gave the driver
distinctly to understand that he only paid for the woman and the
young children; the rest might walk. They all got in, however,
and finally escaped, of course the two children born in slavery
amongst the rest.
Six weeks afterwards the slave-holders followed them, and
incited, it is said, by the Cochrans and James A. Bayard,
commenced a suit against Mr. Garrett, claiming all the fugitives
as slaves. Mr. Garrett's friends claim that the jury was packed
to secure an adverse verdict. The trial came on before Chief
Justice Taney and Judge Hall, in the May term (1848) of the U.S.
Court, sitting at New Castle, Bayard representing the
prosecutors, and Wales the defendant. There were four trials in
all, lasting three days. We have not room here for the details
of the trial, but the juries awarded even heavier damages than
the plaintiffs claimed, and the judgments swept away every
dollar of his property.
When the trials were concluded, Mr. Garrett arose, the court
being adjourned, made a speech of an hour to the large crowd in
the court-room, in the course of which he declared his intention
to redouble his exertions, so help him God. His bold assertion
was greeted with mingled cheers and hisses, and at the
conclusion of his speech one of the jurors who had convicted him
strode across the benches, grasped his hand, and begged his
forgivenness.
Mr. Garrett kept his pledge and redoubled his exertions. The
trial advertised him, and such was the demand on him for
shelter, that he was compelled to put another story on his back
buildings. His friends helped him to start again in business,
and commencing anew in his sixtieth year with nothi
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