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FROM: THE ANTI-SLAVERY MOVEMENT IN MARION COUNTY

The most intense and celebrated trial that ever took place in Marion County was one involving the liberty of Black Bill, alias Mitchell, alias Anderson, an alleged slave. Black Bill, as he was commonly called, came to Marion in the fall of 1838, and by his industry as a butcher, barber and laborer, and by his ability to play the fiddle and banjo and "call" at dances, soon made himself indispensable in the thriving little village.

About the middle of July, 1839, a party of eight citizens from Kanawha Court House, Kanawha County, Virginia, appeared in Marion and claimed Black Bill as the runaway slave of Adnah Van Bibber, of Kanawha, alleging that he had escaped about two years before. He was arrested under an Ohio statute as a "fugitive from service or labor" on a warrant issued by John Bartram, a justice of the peace, and when brought before Hon. Ozias Bowen, presiding judge of the Common Pleas Court, was committed to jail to await trial at the August term of court. Of course the proceedings soon became the talk of the town and Black Bill, who called himself a "free nigger," had many sympathizers, who thought that he was unjustly accused.

The case came on for trial on August 26, 1839 before Ozias Bowen, presiding judge, and Thomas J. Anderson and George Gray, associate judges. The court-room of the old Court House was crowded to overflowing, the excited crowd filling all the halls, staircases and adjoining rooms. Adnah Van Bibber, the claimant, Robert W. McClanahan, his agent, William F. Goshorn, Robert Anderson, Mr. Smith, Mr. Kline, Mr. Bowers and Mr. Lawrence, all Virginians, came to Marion as witnesses against Black Bill and to assist Van Bibber to recover the negro These slave hunters, as they were called, came fully armed with bowie-knives and pistols which they brandished and flourished in a threatening way, to intimidate the friends of Black Bill.

The title of the ease was "Adnah Van Bibber vs. Mitchell (a colored man)." The plaintiff was represented by Gen. George Rowe of the Marion bar, who was a bold and forceful speaker. Black Bill was defended by two young members of the Marion bar, Cooper K. Watson, then prosecutor and afterward Congressman, and James H. Godman, an attorney of unusual ability. Most of the witnesses were against Black Bill, and the negro under the laws, was not permitted to testify even in his own cause. The trial was not long, and after the eloquent appeal of the attorneys the court at the close of the day's session, reserved its decision until the following day.

Charles Sweetser, a prominent attorney from Delaware, Ohio, arrived in Marion in the evening of August 26th for the purpose of attending the regular term of the Common Pleas Court, which convened the next day. He stopped at the same tavern where the Virginians had taken lodgings, and was soon after retained to assist General Rowe in the further conduct of the case.

The following editorial from the Marion Visitor a newspapers published in Marion at the time, recites as an eye witness the events of the eventful 27th day of August, 1839:--

Tuesday evening last (August 27th) presented a scene of confusion and excitement never before witnessed in our peaceful village. It appears (as our readers will discover below) that a negro well known to our citizens by the name of Bill, was some time since taken up as a runaway slave from Virginia, and lodged in the jail of this county for trial. On Monday, the day set for his trial, we discovered an unusual number of persons assembled to hear the result. The house was crowded to overflowing. The witnesses were examined, whose testimony will be found below, and counsel heard. The judge however reserved his decision (written opinion) till the following morning. A great mass of people assembled. At 10 o'clock A. M., the court was called (the house was literally crowded) to hear the decision of the judge which occupied at least 40 minutes in delivering, during which the greatest order prevailed, but as soon as the Hon. O. Bowen had finished, by declaring the prisoner free, all was confusion, riot and disorder. As soon as the decision was ended, the pretended owners seized the prisoner; the bystanders resisted, and endeavored to rescue him, declaring him to be free, and desiring them to let him run at large. But the Virginians still maintained their possession by force, and presented pistols, bowie-knives, dirks, etc., threatening the lives of all those who would lay hands on them, or the negro--and all this in open court. Our citizens, and friends from the country, stood out in defense of their trampled and insulted laws, which were thus set at defiance.

"In this scene of confusion, taken down stairs, and dragged by his captors through the streets. Those who forced him onward were armed with pistols, and daggers. At this unusual sight, the populace became enraged, and attacked them with stones, and whatever missiles they could get hold of. They (the Virginians) at length succeeded in getting him into one of our justice's offices (the office of John Bartram J. P.), and there guarded him as stated for a new trial. Before the door of the office, the excited multitude assembled demanding justice and the negro, but all of no avail. The entrance was guarded with with pistols and bowie-knives. At this time the sheriff arrived and begged to be heard, and requested the mob to disperse but this also was as of no effect. At length a cry for the public arms was heard, the arsenal was broken open and the arms obtained, which presented a horrible spectacle: The excited populace under arms still demanded entrance, which was refused. All the orders of the sheriff and the court to restore order seemed to be of no effect. Pistols and bowie-knives were all the law.

"At length one of the associate judges-- Judge Anderson--left the bench and in defiance of cocked pistols, and flashing steel, forced his way into the office, after which others followed, and burst open the back door by which means the negro made his escape. He had run but a short distance when he was as overtaken by one of his pursuers, who presented a pistol and threatened to shoot him if he did not stop. At this time a number of the enraged multitude fell upon the pursuer and knocked him down Another who came to his assistance shared the same fate. This confusion continued till orders were given to arrest the rioters. During the arrest of the rioters the negro made his escape and has not since been heard of.

"In order to give our readers an idea of the spirit that prevailed we quote one of the threats thrown out by one of the rioters: 'By the living God in heaven I'll shoot that fellow.' We would further remark that the rioters (we believe eight in number) were the same day arrested and recognized to appear from day to day under bonds of $600 each. Were we to go into detail of all the particulars at this time it would occupy at least two or three columns of this week's paper. We have therefore concluded to await the further result of the court, and present the whole in-its proper light. In conclusion we are happy to state that no lives were lost though several persons were wounded

"We hope the gentlemen from the South will return to their native State, fully satisfied that we have a court of justice in the town of Marion, Ohio and a people who are able and willing to sustain it; and that a band of armed assailants are not able to trample upon our laws with impunity.

"We cannot pass over without reminding our readers, and the public, that the above transaction was not an abolition, or anti-abolition fracas. A large portion of our citizens who were engaged in it are not only not abolitionists, but strongly opposed to abolition principles. It was not the freedom of the negro that was contended for; it was the law of our country that we saw resisted, and defiance bid to with deadly weapons, and an apparent reckless disregard of human life. May those guilty of the outrage receive summary punishment; we think the lesson would be salutary."

Justice Bartram's office was located, at the time of the riot, on the west side of North Main street, where the Neidig restaurant now is, being just across the alley from Byerly's Tavern, which was located on the site of the Harvey-Breen Block. North Main street had just recently been improved with broken limestone and thus afforded an abundance of material for the enraged populace to use in the assault on the Virginians.

The testimony at the trial showed that Black Bill had once been owned by John Lewis, a cousin of the plaintiff Adnah Van Bibber, and the court held that Van Bibber had failed to prove ownership. As soon as the court had discharged the defendant from custody, Attorney Sweetser announced "May it please the court; my client now intends to arrest the negro as the property of John Lewis, of Kanawha, Virginia, take him before John Bartram of this place, a justice of the peace, and there under a well-known act of Congress seek a full, fair and impartial investigation and adjudication of the case.

James H. Anderson, in his admirable life and letters of his father Thomas J. Anderson says that "Black Bill spent the first night in a swamp near Marion whence he made his way to the house of Reuben Benedict, a Quaker (who resided on a farm in the eastern part of Marion, near Morrow County), where he was secreted in Reuben's garret. His next stopping place was a Quaker settlement two miles north of Fredericktown his next, another Quaker settlement at Greenwich Huron County his next, the town of Oberlin from which place he was escorted to Canada.

On the same clay, August 27, 1839, the court caused the arrest of the Southerners and their attorneys as shown by the journal of the court of the same date, which recites that:

"A very serious noise and disturbance having taken place this day in open court and the court having repeatedly called to order, and the noise and disturbance still increasing and continuing and a great contempt being perpetrated in open court and in the presence thereof, the court ordered the sheriff to arrest instantly and bring before them those persons who were in open court committing open contempt to the great hinderance of the aclministration of justice, and thereupon the sheriff of this county under the direction aforesaid seized and brought into court here the following persons by him returned as guilty of a great disturbance and noise in court and for assaults and batteries and various contempts by them perpetrated and perpetrating in open court, towit: R. W. McClanahan, Adnah Van Bibber, Wm. F. Goshorn Wm. Lynn, J. P. Lawrence, Seth Kline, Francis Bower John Bartram and Charles Sweetser. Ordered by the court that the charges be forthwith committed to writing by the prosecuting attorney of this county that a copy thereof if required be given to each of the above named persons returned and that they for present stand committed."

Each of the parties arrested gave bond in the sum of $600 and was released except Adnah Van Bibber and Francis Bower. Van Bibber, who was the first of the party arrested, was committed to jail for only a few hours but Bower, was not released until September 3, 1839 The charge of contempt as drawn by Cooper K. Watson, prosecuting attorney, charged Robert W. Clanahan, Adnah Van Bibber, William F. Goshorn, John P. Lawrence, Seth Kline, Francis Bowers, and Charles Sweetser with contempt of court in this, that they, on the 27th day of August, 1839 while the Court of Common Pleas was in session and immediately upon Ozias Bowen president judge delivering his opinion in the matter of Adnah Van Bibber against Mitchell alias William Anderson a black man, directing the sheriff to discharge and release said Mitchell in open court did with force and arms and in contempt of the authority and dignity of said court resist the sheriff and take and retain said black man Mitchell and also did at the same time enter- and surround the said court with dangerous offensive weapons, towit: dirks, knives and loaded pistols for the purpose of resisting and preventing the discharge and liberation of the said Mitchell alias William Anderson the black man in pursuance of the order of said court; and also did in the presents of the court make a great noise and contension and conducted and behaved themselves in a riotous and noisy manner to the great hindrance of the said court in the transaction of its business and the administration of justice

Interrogatories were also filed in court by Prosecutor Watson calling upon the parties held for contempt to state whether there was any understanding or agreement among defendants to aid assist and support each other in arresting said negro man, Attorney Sweetser was asked if he advised the arrest of the negro in the Court House and in the presence of the court

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