Law Case File 1900
Francis Giltner v Charles Gorham et al
September 30, 1848

[D]eponent saith that he has known plaintiff ever since his first recollection of anything in the County of Carroll Kentucky in the State of Kentucky, that he always has, and still does reside with the plaintiff. . . . Deponent saith that this age is about 30 years, occupation that of farming, Resides at the house of Plaintiff in the county of Carroll in the State of Kentucky, and has never resided any where else, except for about two of the first years of his life in the county of Bourbon in Kentucky, where his father (Plaintiff) then resided . . . that he has resided in said County at the same places where he now resides more than 25 years within the knowledge of the deponent, That deponent has always known all the family . . . for the last twenty years both white and black, free and slave.

[D]eponent saith that he knows that plaintiff did in the year of our Lord 1843 and prior to that time own and have in his possession and under his control african slaves by the name of Crosswhite to wit Adam, Sarah ( his wife), John Anthony, Benjamin Franklin, Cyrus Jackson and Lucretia children of said Adam and Sarah That John is of the age of about seventeen years Benjamin about fifteen, Cyrus about thirteen and Lucretia about ten years. . . .

[T]he slaves name . . . did abscond and escape on the night of the fifth of August 1843 from the possession of the plaintiff in Carroll County, Kentucky.

[D]eponent saith that he and Francis Troutman and 5 or [so] other gentlemen were employed by plaintiff in a very few days after the escape of said slaves, and by him directed to pursue and reclaim said slaves, That deponent & C did pursue said slaves for some days into the State of Indiana, but did not find them, and consequently returned to Ky without them. . . .

[I]n the month of January 1847 he was employed by plaintiff and by him directed to go to the town of Marshall to meet with and to aid Francis Troutman in reclaiming the said fugitive slaves in the town of Marshall County of Calhoun in the State of Michigan or wherein they might be found. That deponent did, pursuant to the authority from plaintiff go to, and on the morning of the 26th January 1847 arrive in the said town of Marshall, in company with James S. Lee and Franklin Ford who were also sent with me by directions of the plaintiff and for the same purpose to wit to aid said Troutman in seizing and reclaiming said slaves for plaintiff, That deponent received money from plaintiff before starting to said town of Marshall and was directed by plaintiff to use it in paying the expenses of himself, said Ford and Lee and Troutman, that all the money thus used for expenses and paid for services was furnished by plaintiff. . . .

[D]eponent saith that he did meet said Troutman on his arrival at the said village of Marshall and that he did go with said Troutman by his request to a house in the village of Marshall with the intention of seizing and arresting the said slaves, That on the morning of the 27th January 1847 deponent, James S. Lee Franklin Ford ~ H. M. Dixon and Francis Troutman went to a house in the village of Marshall County of Calhoun in the State of Michigan, That deponent . . . found said fugitives slaves to wit, Adam Crosswhite, Sarah Crosswhite, John Anthony Crosswhite, Benjamin Franklin Crosswhite, Cyrus Jack . . . Crosswhite and Lucretia Crosswhite which slaves were the property of said plaintiff and the same slaves who had absconded and escaped from plaintiff in August 1843, that when deponent . . . and company . . . arrived near to said house. Said Adam and John came out of the door of said house and went in different directions, That deponent was directed by said Troutman to overtake and seize said John which he did and Ford and Lee were directed by said Troutman to overtake and seize and arrest Adam which they did, and both Adam and John were arrested and brought to the house and by direction of Troutman placed in the house, That Troutman directed said slaves to go with us to the office of Squire Sherman that we might prove property and that he told them that we, Troutman and company were sent by the plaintiff to seize and arrest them as fugitive slaves, That while we were trying [to take the] slaves to the justices office a large number of persons came to the house and interfered to prevent our taking them away, That some of them were armed, That he saw . . . defendants on the ground near the house, and in the crowd with a gunn in his hands, That he saw Smith (defendant) draw a club in a striking position and advance upon Troutman, using menaces and threats, he was [stopped] by Dixon and others. That he saw Bergen . . . advance upon Troutman manifesting great excitement and threatening him, That he saw Planter Moss draw his coat in the house and say to the said slaves that he would defend them, would go into the fight, and that there would soon be others there to defend them. That he saw Gorham on the ground, in the crowd and in front of the house and heard him use expressions to Troutman in opposition to taking the slaves, to wit (Crosswhite family) heard him tell Troutman to write his name in capitol letters and bear it back to Kentucky. [T]hat he wanted to teach Kentucky a moral lesson by the example made of Troutman & company . . . That Gorham told Troutman substantially as follows "You can't have the Crosswhite family" We cant let you take them "we regard them as free citizens" and this is a free country "we don't know slavery"—That before Gorham used all the above languages Troutman publicly informed the crowd by addressing Gorham personally. that he was the agent and attorney of Francis Giltner of Carroll County Kentucky and authorized to seize and arrest said Crosswhite family as fugitives from labour and the property of said Giltner, that he made known to Gorham and all the crowd his name, residence and business, that . . . Gorham . . . manifested a strong determination, by his expressions and manners to prevent the taking away of the slaves, that while Gorham was thus talking many of the crowd seemed to be much excited and made many threats that the Kentuckians should be tarred and feathered, [rode] on a rail etc. Deponent does not recollect at what hour in the morning any particular defendant came on the ground, but that it was about daylight when the slaves were arrested, that deponent saw Moss Smith, & Bergen before Gorham, when Gorham came on the ground a large number had already assembled?heard a great deal said on the ground by various persons but did not charge his memory with their names, nor language used, noticed Gorham more particularly because he seemed to be more popular with the mob than any one else and he seemed to exert much influence upon them, in getting them to take a firm stand against us. . . .

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