The Kidnapped And The Ransomed Part 44

It was after "his family" was settled among that people, at the very beginning of the abolition movement, that Seth Concklin began to take an interest in that odious cause. And it may be doubted whether it has ever yet had a more devoted adherent. He recognized it as the only hope of the Slave. He saw clearly, and from an early period through the Colonization scheme, how it concedes to the inhuman prejudices of the country. He abhorred it as heartily as Mr. Garrison himself does.

In a letter, dated July 20,1830, written from Syracuse to his sister Eveline, he says, "Lest you might be deceived by that wicked spirit of the American Colonization Society, I take the liberty to inform you that the American Abolition Society is the only thorough good spirit which maintains the rights and privileges of colored people.

Be not deceived by the Colonization Society,

"They are as cunning as the devil can invent.

"They rivet the chains of Slavery.

"They put beneath them all mercy.

"They deceive many honest white people by saying that they are friendly to the black population, and raise funds to send from this land of freedom and religious liberty all free persons of color whom they can influence. Be not deceived by that dreadful demon spirit."

All that he earned, beyond the means of his own frugal subsistence, was given to the abolition cause. I find receipts of sums of five dollars and ten dollars from Seth Concklin, acknowledged in "the Emanc.i.p.ator." Sometimes be gave fifty dollars at a time, and once one hundred dollars. Once in Syracuse, and again in Rochester he was mobbed for taking the part of black men against white rowdies, and had to run for his life, and absent himself for days till their infuriated pa.s.sions had cooled. At Rochester he dashed like lightning through the crowd and levelled the ringleader who had got a rope round a poor colored man and was otherwise maltreating him, thus diverting the wrath of the mob to himself. That more than one such case of the persecution of the colored people should have occurred years ago in Western New York, will seem improbable to no one who recollects, as many not very old persons may remember, what a time-honored custom it was, not very long since, in the enlightened city of Boston to drive all "the n.i.g.g.e.rs" off the common on a certain State-Election holiday that occurred in the spring of the year.

On one occasion, early in the history of the Abolition movement, the people of Syracuse were outraged by the sudden and mysterious appearance among them of some Anti-Slavery tracts: no one knew whence they came. The place was thrown into as great an alarm as if combustibles and lighted lucifers had been found under every door. A public meeting was held to devise "summary proceedings." It was suspected that some emissary of Satan had alighted in the town. With the leaders of the meeting Seth Concklin was on terms of familiar acquaintance. He attended on the occasion; but retired before the meeting was brought to a close. Upon returning to their homes, the officers of the meeting, and all who had taken any conspicuous part in it, found the accursed tracts had been thrown into their doors, while they had been so patriotically engaged in seeing to the safety of the community. Wrath mounted to the highest pitch against the incendiary, who, it was rumored, was a stranger putting up at the Syracuse House. Judge Lynch was invoked. Tar and feathers were got in readiness. No suspicious stranger was to be found; but it was ascertained that the offender was an acquaintance of theirs, Seth himself, who very wisely took care to retire from the scene. In a few days the excitement died away. Considering that the offence had been committed by no impudent stranger, but by one of their own neighbors, and by no other than so odd and honest a fellow as Seth Concklin, the people recovered their composure so completely, that when he shortly returned among them, they shook hands with him over his escape.

The subject of this brief memoir appears to have been a man who had "swallowed formulas." He was a law to himself. He took and kept his own counsel. On one occasion, a colored man, professing to be an agent for the Wilberforce Colony in Canada West, visited Western New York, collecting moneys from the charitable. He every where showed a book, imposingly bound in red morocco, in which the names of those who contributed to his object were recorded; among them were the names of men well known and eminent. This book served as his pa.s.sport and recommendation, and secured his success in the towns which he visited. Our friend Seth, having some suspicion of this man's honesty when he came to Syracuse, watched him closely, and became convinced that he was an impostor. Resolved that the community should be duped no longer, Seth disguised himself and followed the fellow, and overtook him in the neighborhood of Seneca Falls, and there, without being recognized, offered him a subscription, and when the red book was handed to Seth to put down his name, he took possession of it, and refused to return it to the owner. The man complained of him before a magistrate; Concklin was held to bail for his appearance at the next General Sessions to answer to the charge of abducting this book, the property of another. His friends in Syracuse came promptly to his aid, and abundant testimony was furnished to his character for integrity and general correctness. The prosecutor, however, never appeared against him; and Concklin was considered as being right in his estimation of the man, and as having done the community a service, although he adopted a perilous and illegal way of arresting the depredations of an impostor.

Not long after this transaction, Concklin spent some time in the West, visiting, St. Louis, and residing awhile at Springfield, (Ill.).

His chief business then and there, a business which took precedence in his regard of all other matters, was aiding the transit of pa.s.sengers on the Under-Ground Railroad. He acted, however, very little in concert with others. In a time of uniformity and conformity, when the tendency and fas.h.i.+on everywhere is to ride in troops, Seth Concklin was a man by himself. He went on his own hook. His fearless speech brought him into frequent peril. On one occasion, he was condemning the "Patriarchal Inst.i.tution," in such strong terms, that one of his hearers struck him a heavy blow with his fist; for which outrage Seth caused him to be arraigned before the Church to which the offender belonged, and compelled him to make confession of his fault. Although thus fearless, our friend was very cautious in communicating with the slaves. He gave them no hope of his a.s.sistance, until he found that they were resolved upon obtaining their freedom: then he gave them all possible information as to time of starting, and the places to which they should go, adding a small pecuniary gift, and bidding them never to be taken alive.

While he thus felt for others, it was equally characteristic, of him that he was resolved to see for himself. He has been known to go miles to ascertain the actual state of the case in any important matter. In 1838-39, the western part of New York was in a state of great excitement, caused by what was dignified at the time by the name of the "Patriot War," a border outbreak. Concklin, true to his character, determined to go and see what it all amounted to. He knew that Canada was the refuge of the fugitive slave, and he was anxious that that refuge should be preserved for the oppressed.

Leaving his business, he went straight to the frontier, crossed over to Navy Island, where the head-quarters of the Patriots then were, and enlisted with them, under the command of the so-called Gen.

Van Ranssalaer. His purpose was to discover the designs and strength of the Patriots, and make them known to the Canadian authorities. After looking about him and satisfying himself as to the character and objects of the Patriot army, he desired to be dismissed from the service. But this was not permitted. His taciturn manners, his evident disinclination to a.s.sociate familiarly with the people among found himself, caused him to be suspected as a spy, and closely watched. Finding his situation more and more uncomfortable, he determined to escape from the island at all hazards. He waited one day till nearly dark, and, when the sentinel's back was turned towards him, he unfastened a skiff at the landing, and with no other oar than a piece of board, watched his chance and pushed off. He knew that if he should lose his paddle, he must be carried down the Niagara river and over the Falls, an appalling contingency. Scarcely had he started when he was seen and fired upon. The ball struck his paddle, nearly knocking it from his grasp. He succeeded, however, in reaching the American sh.o.r.e, at Schlosser, in safety. At this point a guard had been stationed by the Patriots, and he was forbidden to land. Compelled to acknowledge himself a deserter from Navy Island, he was seized and very roughly handled, and sent back to the island.*

* Another account says, that Concklin was taken by the American troops under Col. Worth, stationed, professedly to guard the neutrality of the United States, on Grand Island, which lies so near to Navy Island, that the "Patriots" called to the American forces and informed them that Concklin was a deserter; and he was sent back, the United States' officer stipulating only that he should not be hurt.

There, by order of Van Ranssalaer, he was confined and closely guarded in a log-house, which was so situated as to be exposed to the guns on the Canada side. He could save himself from being hit only by lying prostrate on the ground, as the sentinel who stood guard over him threatened to shoot him when he sought the protection of the breastwork, to which the sentinel himself had recourse. Several shots pa.s.sed over him, within two or three feet of him, through the upper part of his prison. The Patriots said they intended the British should kill their own spy.

On the evacuation of the Island by the Patriots, which took place about a week after Concklin was put in confinement, he was left behind--the only man in the place. It was the month of January. His sufferings from cold and hunger were severe. He was the last twenty-four hours without food. He tied his handkerchief to a pole, and took his station opposite the Canadian side. The signal was observed; and very soon a boat came off and took him in, and conveyed him to Canada. There he was subjected to a very close examination by a board of officers. In answer to their inquiries, he gave them a minute account of all that had occurred from his leaving Syracuse up to the hour of his examination. His statement was committed to writing by several different persons. The examination was repeated two or three times. He was well treated, and kindly provided for during the few days he remained on the Canada side. When the investigation was ended, and he was about to return to the States, it was proposed to him that he should swear to the truth of what he had stated. To this proposal he readily acceded. His affidavit was published in the papers at the time.

When he arrived in Buffalo, he published a statement of his treatment by the United States officers on Grand Island in one of the leading journals of that city. And he also made complaint at the War Department in Was.h.i.+ngton, forwarding to the Secretary a copy of his publication in the Buffalo paper. The Secretary of War directed the District Attorney of the Northern District of New York to look into the case. That officer, living at a distance, caused some inquiries to be made in Syracuse in regard to the veracity of the complainant; and honorable testimonials to his uprightness were presented. The case, however, was never followed up.

Concklin was, for a time, quite a lion at Buffalo, on account of his prominence in those border difficulties.

Not many months after the affair at Navy Island, Concklin's interest was awakened in the events which were transpiring on our Southern border. He wanted to know what the United States Government was doing in Florida among the Indians there. The newspapers had much to say of our arms in that quarter. Without consulting with any one, he resolved to visit that part of the country. As the best way of getting there, and learning what he wanted to know, he enlisted in the United States service. The first intimation of his whereabouts, which his friends in Syracuse received, was in the shape of a letter directed to one of them, which we here transcribe: "Talaha.s.se, Middle Florida, May 9, 1840.

"JOSEPH SAVAGE: My object in writing to you is that it may be known in Syracuse where I am; and I request that you write to me.

I have heard nothing from Syracuse in a year. Direct your letter to Talaha.s.se, Middle Florida. Should you receive this, and the postage not be paid, let me know it. I am now fifty miles from the post-office.

"Last fall I came, from Pittsburgh, by way of New Orleans and the Gulf, to St. Marks, and eighty miles east of St. Marks, on the 6th of January, and entered on the campaign with the 1st and 6th Regiments, United States Infantry, a few dragoons and several companies of volunteers, on their way through all the hammocks in Middle Florida to the Suwannie river, hunting Indians. Near the end of January our forces met on the Suwannie river, below Old Town (formerly an Indian Village destroyed by Jackson), opposite Fort Fanning, East Florida, having driven before us a few Indians, discovered in the Old Town hammocks. All the companies (now the 1st February) were directed back on their trails, scouting through to keep down the Indians. There does not seem to be any very formidable force of Indians in Florida; and I believe that a part of the murders charged on the Indians are committed by the white settlers, and many of the public (official?) reports of the whites and the Indians being killed or taken are untrue.

"Nearly all the white male settlers in Middle Florida, over twelve years of age, receive from Government twenty-two dollars per month and rations. There is now a report that a man found in a hammock five Indians in the act of torturing, by fire, his son. He killed four of them, and the fifth ran away. Should this be published, you must believe it without proof. I believe these reports are only pretences to keep up this shameful war.

"March 21st, I left a post near Old Town Hammock alone, unarmed, and travelled one hundred miles through the plains and hammocks without seeing a human being in five days. This circ.u.mstance alone would convince uninterested people, that there are not many Indians.

"But I have farther proof that no great danger is apprehended from the Indians, from the fact that a company of United States Infantry near Old Town Hammock, one of the most interior towns in Middle Florida, frequently send out scouting parties through the hammocks without loaded guns and without ammunition, though they carry their guns with them, but as a mere matter of form. I do not know that the blood-hounds find any Indians; though it appears that in East Florida the dogs, the Spaniards, and our soldiers have captured one old Indian.

"SETH CONCKLIN.".

In another letter of the same date, addressed to a brother-in-law in Philadelphia, he repeats the same particulars, and gives, in addition, some brief and striking instances of his observation. "I have seen," he writes, "some of the slaves on the north border of Middle Florida. They are much more intelligent than their owners, probably from their being from farther north."

The following winter, Concklin appeared again unexpectedly in Syracuse. From that time till he went upon the chivalrous enterprise which cost him his life, he is believed to have resided princ.i.p.ally in Troy, occasionally visiting "his family" and his sister Eveline married, and resident in Philadelphia. More than once he made the journey from Syracuse to Philadelphia, all the way on foot. He appears to have commanded the confidence of all who knew him. He was a man of an "incorrigible and losing honesty,"

abhorring deceptions and injustice, and making every injured man's cause his own. Altogether he was a man of heroic character.

His life was a romance--an heroic poem.

A gentleman of Syracuse, with whom Concklin lived two years, states, that on one occasion he sent Seth fifty miles from home for a horse. He was provided with money to defray his expenses to and fro by boat or stage. His employer was greatly surprised to see him returning leading the horse, instead of riding him. The saddle and a bag of oats were on the horse's back. He returned nearly all the money which had been given him for the expenses of the journey.

It appeared that he had walked to the place where the horse was to be obtained in one day, on returning he took two days, as being enc.u.mbered with a horse, he could not walk so fast as without one.

It is unnecessary to repeat here the story of the humane and daring enterprise in which he lost his life. Various accounts of it went the rounds of the newspapers at the time. We give the following from a Pittsburgh (Pa.) journal, bearing date, Thursday morning May 29, 1851;.

"A SINGULAR ENTERPRISE.--During the last trip of the steamer Paul Anderson, Captain GRAY, she took on board, at Evansville, Indiana, a United States Marshal, having in custody an intelligent white man, named J. H. MILLER, and a family of four slaves--mother, daughter, and two sons. Captain GRAY subsequently learned from Mrs. Miller that he had been employed by some Persons in Cincinnati to go to Florence, Alabama, and bring away this family of slaves--the woman's husband being in a free State. For this purpose, with a six-oared barge, procured at Cincinnati, Miller had gone down the Ohio and up the Tennessee River, to Florence, there laid in wait till an opportunity occurred, and privily taken away the family of slaves. The barge was rowed down the Tennessee, and up the Ohio, to the Wabash, and up that river till within thirty miles of Vincennes, where the party was overtaken and captured by the Marshal. The unfortunate Miller was then chained, to be taken back to Florence for trial and sure condemnation, by Alabama slave laws. The Paul Anderson having landed at Smithland, mouth of c.u.mberland River, Mr. Miller made an attempt to escape from her to the steamer Mohican, lying alongside, but, enc.u.mbered by his manacles and clothing was drowned. The body was recovered and buried about a week afterwards. The slaves went back to bondage. The barge was rowed down the Tennessee 273 miles, up the Ohio 100 miles, and up the Wabash 50 miles, before the party were overtaken. Mr.

Miller, we learn, had a sister and other relatives in or near Philadelphia. He was a mill-wright by occupation, and owned property in the neighborhood of Vincennes."

So far the public press. As these accounts are very imperfect, a person was found who offered to go to Indiana and make such inquiries as might relieve, in some measure, the painful anxiety of Mr. Concklin's relatives and friends, and to obtain his remains, or, at least, if practicable, cause them to be disinterred and examined.

We subjoin a copy of the written statement made by this agent of Mr. Concklin's friends.

Statement.

Mr. Chandler (I think), at Evansville, in answer to a question as to his knowledge of Miller and the abducted negroes, said, I could obtain information of John S. Gavitt, the former Marshal of Evansville. He (?) himself believed and told the parties at the time, that the proceedings by which Miller was taken out of the State were illegal, and if such things were to be tolerated, no white man was safe.

I next called upon John S. Gavitt, who treated me very respectfully, and seemed not only willing but anxious to impart every information. He told me that he had Miller and the negroes in custody, and that he delivered them on board the steamboat, in care of Mr. John Emison, of Evansville, to be delivered to the authorities in Florence, Alabama. I asked him by what authority they were taken. He said he had the writs in his possession, made out by Martin Robinson, Esq., of Vincennes. I asked to see them.

He showed them to me. I asked for the privilege of copying them.

This he would not permit, for the reason, he said, that he believed, "We've all been guilty of illegal proceedings, and if it's brought out, I don't want to give our enemies any advantage." He said, it was no more he than others. "I believe," said he, "we've all done wrong." The writ for the apprehension of Miller was based upon an affidavit by the aforesaid John S. Gavitt, before Squire Robinson, in which be swears that Miller abducted from B.

McKiernan, of Florence, Ala., the four negroes. And the writ ordered the said Gavitt to take the said Miller and safely deliver him to the Sheriff in said Florence, to be dealt with according to law. The authority quoted, I think, was, Sec. 1, No. 62 of the Statutes of Indiana. (I wrote from memory, not being permitted to copy.) The other writ for returning the negroes was made, I think, upon the affidavit of James M. Emison, the man who first took them up on suspicion. The said James W. Emison is not an officer.

I asked Gavitt how he could know the circ.u.mstances stated in the writ well enough to make such an oath? He then stated substantially as follows: That on or about the 28th of March last, he received a dispatch from Vincennes, stating that four negroes had been taken up on suspicion, with the man Miller. He in turn telegraphed South, and soon got returns describing the negroes and Miller. He started at once for Vincennes, and drove the whole distance (55 miles) in six hours. He says he made the oath because he was convinced from the description by telegraph, and from conversations with the boy Levin, that they were the same. There seemed to be an indistinctness and confusion in Gavitt's statements, and though I conversed with him two hours, and he freely answered all questions, I did not fully rely on him. For instance, he would state at one time that he believed Miller perfectly honest and conscientious in his course; yet, at another time said, that Miller owned to him that he was to get $1,000 for the job. He says, his main effort, while Miller was in his charge, was to get him to turn State's evidence, and upon that condition agreed to let him go. This Miller positively refused to do, though he confessed that there were four others concerned with him. He said Miller offered him $1,000 if he would let him go. The reward offered for Miller, he said, was $600, and $400 for the negroes.

The story that Miller told him was, that the negroes were his--his brother in Henderson (Kentucky) having emanc.i.p.ated them after they should have worked upon his farm near Springfield (Illinois) a certain length of time. He says Miller had shaved his whiskers, and cut off his hair after he was first discovered by James M.

Emison. When he was about putting him on the boat, Miller called him aside and told him he would give the names of his accomplices if he would let him go. He told him it was too late then, upon which Miller became a perfect picture of despair, and walking suddenly to the side of the boat, he thought, with a determination to throw himself overboard, but was caught by John Emison. Understanding that while Miller was in custody of Gavitt, he was kept at the house of Mr. Sherwood (a relative), the present Marshal of Evansville, and that he had conversation with Gavitt's mother, I requested to have her called in. She said she felt very sorry for him, and tried very hard to get him to turn State's evidence; but he said, n.o.body was to be blamed in the affair but himself, and that he was not at all sorry for what he had done; he had done his duty--a Christian duty--and felt a clear conscience.

Gavitt said that McKiernan told him that Miller should be hung if it cost him $1,500.

Further evidence was procured from the office of the Evansville Journal.

From Evansville to Princeton, and thence to Vincennes, I went in company with Col. Clark and son, of the latter place. He (the Col.) gave a statement of the affair, which made it take quite another direction from Gavitt's story. He placed Gavitt in no very enviable light. He said that there was a jar between him (Gavitt) and the Emisons about the spoils. Of course the sending back of the "d--d Abolitionist" to Alabama, was all right with him (the Colonel).

Having been directed by Gavitt to call on Mr. John Emison, in Vincennes, I did so. He was pointed out to me in the street as the stage agent, or, perhaps, proprietor. I called him aside, and told him that, having some business in Vincennes, I had been requested by a friend of Miller's friends to make inquiry concerning him; upon which the said John Emison broke forth in a strain like the following: "Now, my friend, you'd better be pretty d--d careful how you come into this place and make inquiry about such men as Miller." "You've waked up the wrong pa.s.sengers." "And you might get yourself into the Wabash river." "If you'll take my advice as a friend, you'd better leave town on pretty d--d short notice." "We don't allow any G--d d--d Abolitionist going about this town," &c., &c., with many other extras too numerous to mention. I told him my object in making inquiry of him was a specific one-- solely to gratify, or rather to satisfy, Miller's friends, and if such a course was likely to produce a disturbance in the place, I was very sorry.

But out of respect to those who entrusted the inquiries to me, I felt bound to learn what I could. Emison partially apologised for his haste, and said he was mad at the d--d Abolitionists on the Paul Anderson, who threatened to throw him overboard. (See Evansville Journal, p. 27.) He said he felt for Miller, as deeply as, anybody could-- that he was courageous, and that anybody that was bold enough to jump overboard deserved to get away. "But," said he, "he's dead and buried--he's gone to -- with his manacles on, so you'll know him when he comes up in the resurrection." He said he would let me have a letter, which he had received from the young Mr. McKiernan, containing further evidence of Miller's death, in addition to the letter from Hodge.

Mr. Chandler, of whom I first spoke, told me that he was informed by Gavitt that the lawyer, who had taken a fee from Miller of some $50, or $80 (as some said)--when Miller was brought into court, said lawyer refused to undertake his case--having received a fee of $25, from the other party. I asked Gavitt about this: he said it was true, for he had paid him the $25 himself, though he could not tell me what the man's name was.

William T. Scott, sheriff and jailor of Knox Co., told me the slaves were brought to the jail in the morning (Friday, I think), and the request made by James Emison, that they should be put in: he admitted them, though he told me he knew he had no business to do so. Said Emison & Co. told him they had taken the negroes the previous morning about daylight, as they were crossing a bridge.

Miller soon came up, and claimed them as his--they had been liberated by his brother, in Henderson, Ky., and were to serve for him a certain time near Springfield. They took the negroes and bound them, and upon Miller's threatening them with law, they took him also, and bound him and put him in the wagon with the rest. After riding five or six miles, and listening to the logical reasoning of Miller, they began to be alarmed, lest they might be doing something wrong in thus binding a white man, without due process of law, so they untied him and let him go. He, however, still continued to follow the wagon, and, it being still dark, before they were aware, Miller was in the wagon untying the negroes.

When they discovered this, they threatened to shoot him if he should again attempt it. Miller still followed the wagon to Vincennes, where the slaves were committed to jail as above. A telegraphic dispatch was sent to Gavitt aforesaid, at Evansville, and by him sent South, from whence be obtained an answer as before stated. Gavitt went to Vincennes, with evidence sufficient to warrant their being sent back; but would not give the evidence, or make any move in the promises, till Emison & Co. had agreed to give him one half of the reward. This agreed, the oath was made, and Miller arrested, under a law of the State, for detaining fugitives from their lawful owners. Previous to this, and I think on the same day, Miller had taken out a habeas corpus, under which the slaves were said to be delivered; but Judge Bishop, a.s.sociate judge for the circuit, remanded them to jail till the next day at 12 o'clock--of course without any claim to law, but (with) merely a suspicion that by that time evidence might be obtained that they did not belong to themselves. When Gavitt arrived, and Miller was taken as aforesaid, his lawyer, Allen, appeared in his behalf, and the proceedings against him were quashed. After this, Miller was remanded back to jail, though Allen says it was done by his (Miller's) own request, that he feared the mob, &c. While Miller was thus in jail, the owner arrived, and found his work all made ready to his hand. True, a little more swearing was needed to prove Miller the abductor of the negroes, but it was readily furnished by Marshal Gavitt. Scott says that a young man now in jail, and with whom Miller talked freely, says, he (Miller) had a quant.i.ty of gold coin quilted into the collar of his coat. Scott thinks it was not so, as he himself searched him. Scott says, Miller told him that he had only one thing to regret in the transaction, and that was that he had not pursued his own course, and refused to listen to the advice of others. He says the negroes were well trained, and all told the same story with Miller until the master came, when they owned him--at least all of them but Peter. Upon Miller's second sham trial, he owned all the facts in the case, and pleaded justification. He was asked why he undertook the work without being armed: he said, if he had carried weapons he should have probably felt a strong inclination to use them, and in that case would certainly have been overcome; consequently, he had not allowed himself even a penknife.

I went to see C. M. Allen, Esq., to inquire about the two fees, and other matters. I told him that in justice to himself, some explanation should be given. He stated in substance as follows: "That on the morning of the day on which the negroes were brought into town, Miller came to his house very early--before he was up--he told the same story that he did to the captors about the slaves of his brother, at Henderson, &c.; and wished Allen to take out a habeas corpus to liberate the slaves. He told Miller that it was a troublesome case, and if he undertook it he should charge him a heavy fee. Miller asked, how much? The reply was, one hundred dollars. Miller promptly said, 'I won't give it.' As Mr.

Miller was about to leave him, he called him back and told him it was a hard case to be placed in such a situation, and with but little means. He showed his purse and counted his money, before him, There was forty, dollars, or perhaps a little over, in gold, silver and bills. Miller told him if he would undertake his case he would give him fifteen dollars. There followed a parley about the fee, and Mr.

Allen did not tell me how much he received; but he said he told Miller, if he had not told him the truth, that he should abandon his case at any time, whenever that should appear. So when Miller was brought into court, after the arrival of McKiernan, he refused to act for him, because the evidence seemed so strong that Miller had misrepresented the thing to him. Allen, it appears, acted for Miller, in taking, out the habeas corpus for the negroes, and also in Miller's trial on the indictment for breaking the law of Indiana; both of which resulted in Miller's favor. Upon quas.h.i.+ng the proceedings in the last named case, Allen made a request of the judge that Miller should be remanded back to jail, upon his own request; that he probably had his own reasons for such request.

The judge told him that he did not know that he had any right to do so--if he would show him law for it, he would do so. Allen replied that he did not know that he could--it was only Miller's request.

The judge complied. Allen gave it as a reason that he feared the violence of the mob, as the whole place was in a high state of excitement. While thus in jail, Gavitt came with his telegraphic evidence and made the necessary oath to have Miller apprehended, and remanded to Alabama, as a fugitive from justice.

Gavitt (who, it seems, had been into the jail, and tried to extort a confession from the negroes), told me that he stated to the court ('Squire Robinson), that he was aware that the testimony of colored persons was not admitted by law on such occasions, but wished to know if the court would do him the favor to listen to the statement of the boy Levin? He ('Squire R.) said he would. The boy then owned in answer to questions put to him, that he was the slave of 'Master Kiernan,' and that he had come with Miller from South Florence, Ala. I asked Gavitt which he thought had the most weight with the court, his affidavit or the negro's statement? His reply was: 'The n.i.g.g.e.r's story was what done it.' I went to see 'Squire Robinson, and asked him to let me see the law by which Miller was remanded. He said there was a law shown him at the time, but he could not now tell what or where it was, as he kept no minute of the proceedings.

A great many other little incidents were narrated during the four days that I was in Evansville, Princeton, and Vincennes, that might be elicited by questions; but I have given the most important, or at least that which I considered so. From the feeling manifested, I saw it would not be safe for me to go to Smithland to disinter the body, so I wrote to Mr. Hodge for the verdict of the Coroner's jury, and any other particulars as to ident.i.ty which he might be able to give. Have not yet received an answer.