The sheriff then amended his
return, so as to state that the prisoners were in his
custody, as required in the writ, and this was received by
the Court. The fugitives now came fully into the charge of
the State authorities. The sheriff held them "by virtue of a
_capias_ issued on an indictment by the grand jury for
murder."
The slaves declared they would go dancing to the gallows
rather than to be sent back into slavery.
On the 26th February, Commissioner Pendery gave his decision.
First, he refused to discharge Margaret and three others from
the custody of the United States Marshal and deliver them to
the Sheriff of Hamilton County, although held to answer,
under the laws of Ohio, to the charge of murder. He then
proceeded to consider the claim of Marshall to three of the
slaves, decided it to be valid, and ordered them into
Marshall's custody. He then considered Gaines's claim to
Margaret and her three surviving children, decided that also
to be good and valid, and ordered them to be delivered into
the possession of said Gaines.
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