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Wharton Jones, Plaintiff, v. John Van Zandt U.S. 215 (1847)

handle is hein.slavery/ussccases0306 and id is 1 raw text is: JANUARY TERM, 1847. 215 Jones v. Van Zandt. ceed to final judgment, the Supreme Court having no power to give a judgment of ouster, in the shape in which the case came be- fore it. Inasmuch, therefore, as there has been no final judgment, the writ of error from this court must be dismissed for want of jurisdic- tion. And being dismissed on this ground, it is unnecessary to examine the other objections which have been taken in support of the motion. Order. This cause came on to be heard on the transcript of the record from the Supreme Court of the Territory of Iowa, and was argued by counsel. On consideration whereof, and it appearing to the court here upon an inspection of said transcript that 'the judg- ment of the said Supreme Court is not a final one in the case, it is thereupon now here ordered and adjudged by this court, that this writ of error be and the same is hereby dismissed for the want of jurisdiction. .WHARTON JONES, PLAINTIFF, V. JOHN VAN ZANDT. Under the fourth section of the -ct of 12th February, 1793, respecting fugitives from justice, and persons escar,.ig from the service of their master, on a charge for barbouring and concealing fugitives from labor, the notice need not be in writing by the claimant or his agent, stating that such person is a fugitive from labor under the third section of the above act, and served on the person harbour- ing or concealing such fugitive, to make him liable to the penalty of five hundred dollars under the act. Such notice, if not in writing and served as aforesaid, may be given verbally by the claimant or his agent to the person who harbours or conceals the fugitive; and to charge him under the statute a general notice to the public in a newspaper is not necessary. Clear proof of the knowledge of the defendant, by his own confession or otherwise, that he knew the colored person was a slave and fugitive from labor, though he may have acquired such knowledge from the slave himself, or otherwise, is suffi- cient to charge him with notice. Receiving the fugitive from labor at three o'clock in the morning, at a place in the State of Ohio about twelve miles distant from the place in Kentucky where the fugitive was held to labor, from a certain individual, and transporting him in a closely covered wagon twelve, or fourteen miles, so that the boy thereby es- caped pursuit. and his services were thereby lost to his master, is a harbouring or concealing of the fugitive within the statute. A transportation unde' the above circumstances, though the boy should be recap- tured by his master, is a harbouring or concealing of him within the statute. Such a transportation, in such a wagon, whereby the services of the boy were en- tirbly lost to his master, is a harbouring of him within the statute. A claim of the fugitive from the person harbouring or concealing him need not pre- cede or accompany the notice. Any overt act so marked in its character as to show an intention to elude the vigi- lance of the master or his agent, and which is calculated to attain such an object, is a harbouring of the fugitive within the statute. In this particularcase, the first and second'counts contain the necessary averments, that Andrew, the colored man, escaped from tne State of Kentucky into the State of Ohio.

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