Mr. Bennett, Deputy United States Marshal, was
unwilling to give them up, and a long time was spent
parleying between the marshal and the sheriff's officers. The
sheriff being determined that the writ should be executed,
Mr. Bennett went out to take counsel with his friends.
Finally, through the advice of Mayor Faran, Mr. Bennett
agreed to lodge the slaves in the jail, ready to be taken out
at the order of Judge Burgoyne. Mr. Buckingham obtained the
complete control of the slaves.
On the morning of the 29th, Sheriff Brashears, being advised
by lawyers that Judge Burgoyne had no right to issue his writ
for the slaves, and remembering Judge McLean's decision in
the Rosetta case, made a return on the writ of _habeas
corpus_, that the slaves were in the custody of the United
States Marshal, and, therefore, without his jurisdiction.
This returned the slaves to the custody of the Marshal. By
agreement, the parties permitted the slaves to remain in the
county jail during that day, with the understanding that
their examination should commence the next morning, before
Commissioner Pendery.
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