George Washington Flowers 
 Memorial Collection 
 
 DUKE UNIVERSITY LIBRARY 
 
 ESTABLISHED BY THE 
 FAMILY OF 
 
 COLONEL FLOWERS 
 

 
 
 
 
 
 
 
 
 
 
Digitized by the Internet Archive 
 in 2016 with funding from 
 Duke University Libraries 
 
 https://archive.org/details/kentuckyjurispruOOwebs 
 
KENTUCKY JURISPRUDENCE. 
 
 • At JLe.xingtoa, Keiatsacliy, Dec’r 17-21, 1§44, 
 
 BEFORE THE HO If. RICHARD BUCKNER. 
 
 On A CHAHGE OF AIDING SLAVES TO ESCAPE FEOM 
 that Commonwealth — with Miscellaneous Rejiakes, 
 SECLUDING HE2 VIEWS ON AmEEICAN SLAVERY. 
 
 oX ■ - 
 
 WRITTEN BY HERSELF. 
 
 <l He that filches fscm me my good name, 
 
 Robs me of that which not enkicheth him, 
 
 And makes mb pooe indeed.” — Shakspeare's Othetia. 
 
 * 
 
 \ 
 
 T.NNTRR :\ 5 
 
 VERGENNES 
 
 J3, W. BLAISDELL, PBINTBS. 
 
 3 8 4 5. 
 
 
District oj Vermont , 10 wit : 
 
 BE IT REMEMBERED That on the 23d day of April. Anno Domini, 1845, 
 Benajah Webster, of the said District, hath deposited in this Office the Title of 
 a Pamphlet, the Title of which is in the following words, to wit: 
 
 “Kentucky Jurisprudence. A history of the Trial of Delia Ann Webster, at 
 Lexington, Kentucky, Dec’r 17 — 21,1844, before the Hon Richard Buckner, 
 on a charge of aiding S laves to escape from that Commonwealth, — with Mis. 
 cellaneous remarks, including her views of American Slavery. Written by 
 herself. 
 
 “He that filches from me my good name, 
 
 Robs me of that which not enrichelh him, 
 
 And makes me poor indeed.’” 
 
 The right whereof he claims as proprietor in conformity wtth an act of Son- 
 geess, entitled “An Act to amend the several Acts respecting Copy-Rights. 
 
 EDWARD H PRENTISS, Cleric of the District. 
 
m FLOWERS COLLECTS. 
 
 HISTORY 
 
 oy THK 
 
 TRIAL OF MISS DELIA A, WEBSTER, &c. 
 
 Thi; (ime is now corns, when every breeze seems to 
 whisper in monitory tones, that it. belongs to me to remove 
 a weight from the public mind, imposed on them, by a 
 certain class of persons, whose motives I have no wish to 
 impugn, and to whose low innuendoes and foul detractions 
 I shall not condescend to reply. It is no part of my object 
 in this publication to expose the incongruities of the calum* 
 niator, or hold him up to public detestation. 
 
 To lay the truth before the world, and unprejudice the 
 minds now biassed by falsehood, is the duty of those who 
 possess the facts. The many difficulties to be encountered, 
 makes this task appear more than Herculean ; and I should 
 shrink from it in despair, were it not that prejudice and 
 interest cannot always be relied on to garrison the mind 
 against the assaults of truth. This fact, together with 
 duty to myself, to my country and my God, animates me 
 to take the pen, and laying aside my natural diffidence, 
 attempt what I hoped to have seen done by a much abler 
 hand. 
 
 While thus practically expressing the opinion that my 
 predecessors on this theme have not exhausted the subject, 
 it shall be my humble endeavor to arrange the facts beyond 
 contradiction abroad, or the power of detraction at home. 
 
4 
 
 TRIAJ. OP MISS WEBSTEIt. 
 
 Errors may be expected; but however deficient in style, 
 or imperfect in execution, it is sincerely to be hoped it will 
 secure from a generous public an indulgent recep ion. 
 
 It has been often asked how Miss Webster came to engage 
 in teaching, and why found in a land of slavery, so far from 
 friends and home, if not actually an agent of the abolition 
 societies and deputised to trespass on the rights of the 
 slaveholder — rob him of his lawful prouerty, and promota 
 mutiny among the black population? In answer to this 
 inquiry, it may not be amiss to introduce a brief abstract 
 from my history. 
 
 When twelve years of age, I was employed by mv teach- 
 er in taking charge of some classes of small children in 
 the same school, where for some time l had been myself a 
 pupil, and still continued my recitations. Naturally fond 
 of children, I became much attached to my little pupils, 
 and soon acquired a love for teaching, which continues 
 unabated iu its ardor to the present day. 
 
 A desire for usefulness was even then paramount in my 
 mind, and to that end I directed my studies; anxious, if 
 possible, to acquire a thorough and liberal education. But 
 in the spring of 1835, my means for prosecuting my stu- 
 dies being limited, I engaged in teaching in a neighboring 
 town. Just beginning to tread the path of literature, it 
 was with a heavy heart I tore myself from my young as- 
 sociates and bade adieu to the Vergennes Classical School, 
 an institution, which in many respects at that time, was, 
 I think, second to none in New England. 
 
 I continued teaching and studying alternately till about 
 the year 1839, when my health was evidently on the 
 decline. 
 
 From a child, my constitution had been delicate ; and 
 it was now deemed necessary to employ counsel. Em> 
 
TRIAL OP MISS WEBSTER. 
 
 5 
 
 Vient Physicians were callecLand a long and tedious course 
 of medicine faithfully persevered in, till tonics seemed to 
 have lost their efficacy and become powerless ; and my 
 friends were looking for me to find an early grave, when a 
 change of air and scenery were recommended as a last 
 resort. My father accordingly devoted some time in 
 journeying with me ; but it not being consistent for him to 
 be absent from home long at a time, he left me at Saratoga 
 Springs, in the care of a sister. The water agreeing with 
 my health, I remained there so long as I seemed to acquire 
 strength from its use; after which, in the care of a family 
 relative, I visited Montreal, and several other places in 
 Canada. Returning after spending some time in those 
 parts, I visited several of the states, sometimes stopping 
 several months in a place, teaching or studying, as best 
 suited my health and pecuniary circumstances. 
 
 Early in 1843, I visited Kentucky, in company with a 
 Mr. and Mrs. Spencer, teachers and friends of mine. We 
 taught several painting classes in the vicinity of Lexington, 
 and in July of the same year opened a class in that city. 
 
 But scarcely had we commenced teaching, when we 
 were solicited !o open a high school for a year, or term of 
 years. This we had no idea of doing. Indeed I could not 
 think of prolonging my stay from home to such a period. 
 But being urged by the pastor of the first Presbyterian 
 Church, Rev. N, H. Hall, and many other persons of 
 influence in Lexington, we engaged to do so, should tha 
 encouragement be sufficient to justify our stay. At this 
 juncture Mr. S. was taken dangerously ill with intermit, 
 tent fever, and I entered the School, the only teacher.— 
 Before he recovered, Mrs. S. was attacked with the same 
 fever, and one or both of them continued ill until the ensuing 
 Spring, when thinking the climate unfavorable to their 
 
6 
 
 TEX AL OF MISS WEBSTER. 
 
 health, and the school not being large enough to employ 
 so many teachers, they took their departure. I continued 
 in the Academy until my arrest; boarding a considerable 
 portion of the time I remained in Lexington, in the family 
 of David Glass, Esq., a gentleman of worth and high re- 
 specf ability, living on 2nd Street, to whom I refer those dis- 
 posed to inquire, for testimonials of my reputation and 
 standing, from my first arrival in Lexington up to the time 
 of my arrest. 
 
 I would also refer to Rev. W. F. Broaddus, Thomas 
 Boswell, Thomas Bradley, Hon, Henry Clay, Cassius M. 
 Clay, Gen. Leslie Combs, Samuel Shy, Esq., Judge Davis, 
 Dr. Fishback, Tobias Gibson, Rev. N. H. Hall, A. Harwood, 
 M. C . Johnson, Esq., W. B. Ivinkead, Esq., Gen. Jno. 
 M. McCalla, A. J. McCalla, R. Pindell, Esq., Dr. Price, 
 Tho. S. Redd, M. T. Scott, A. T. Skillman, Rev. Mr. Van- 
 metre, J. B. Waller, Esq. and Dr. L. Warfield ; all of 
 whom are well known as persons of standing and influence 
 and many of whom were my patrons. 
 
 About the 1st of September, 1844, Mr. Fairbank, a Meth- 
 odist preacher, from the State of New York, took boarding 
 at the same house with myself, and on one or two occasions 
 preached on the Sabbath. 
 
 I cannot better give the facts bearing upon the circum- 
 stances preceding my arrest, than by introducing an ex- 
 tract from a letter addressed to a friend in Ohio, bearing 
 date, 
 
 “ Lexington Jail, Monday Morning, 1 o’clock, £ 
 
 October 7, 1844. $ 
 
 “ Mr. Fairbank was frequently known to take excursions 
 into the neighboring counties on business, as he said, with 
 members of the Conference ; taking letters to and fro, 
 which I suppose was true,— was sometimes absent two or 
 
THIAL OP 3IISS WEBSTEK. 
 
 7 
 
 three days at a time, and often invited mo to accompany 
 him ; but being confined with a targe and interesting 
 School, I was under the necessity of declining his invi- 
 tations. 
 
 \ 
 
 “ At length he told me he should be going to the country 
 again on Saturday, and once more invited me to ride, as 
 on that day I would be disengaged from my school. 
 Again I excused myself, it being the day on which a 
 meeting had been appointed of the Lexington Female 
 Missionary Society, of which I am the President. But on 
 deliberation, having been closely pent up in the smoky 
 atmosphere of a crowded city during the heat of Summer 
 without any recreation, I thought perhaps an excursion in 
 the country might be advantageous; and then toicl him, 
 ifitwasnot important for him to leave until afternoon, 
 I would adjourn the meeting an hour earlier than usual, 
 and go, if other ladies from the boarding house would like 
 to accompany us. Other company was engaged, but 
 when the day arrived, they were necessarily detained ; and 
 it being somewhat unpleasant, I was myself hesitating, 
 when, being encouraged by our landlady and other mem- 
 bers of the family, I went.” 
 
 As corroborative of the foregoing, and furnishing some 
 additional reasons which influenced me to the tour now 
 under consideration, I will here introduce a brief extract 
 from a letter to a friend in Lexington : 
 
 “ I solicited the company of other ladies, but failed of se- 
 curing it, as they were so circumstanced that they could not 
 be absent over the Sabbath, and it was absolutely impracti- 
 cable for me to leave soon enough to admit of a return on 
 the same clay, as the regular weekly meeting of our Mission, 
 ary Society was on Saturday, and it fell to my lot to prepare 
 
trial op miss Webster. 
 
 the sewing. Mrs. G. (our hostess) well knows my own 
 indecision, when I found we were not to have other com- 
 pany. As I got into the hack, I remarked to her, which 
 no doubt she also recollects, that I would enjoy my ride 
 much better if she also were going ; to which she respond- 
 ed that she would be very happy to accompany me, and 
 would do so, if it were consistent with her household duties. 
 She then asked me if I thought I should get back by nine, 
 on Monday morning, to which I replied in the affirmative, 
 and requested her to detain my pupils.” 
 
 It is proper to remark here that a ride to Versailles, or 
 Georgetown, had been in contemplation for several days 
 previous. But some of the company declining, Mr. F. 
 manifested a desire to change the route, and go through 
 Paris, to meet some friends of his, who were expected to 
 be there on that day. My object being the benefit of a 
 ride in the country air, it of course made no material dif- 
 ference with me, what particular road we took, provided I 
 could return at the time specified. 
 
 And even had I felt a choice, it is doubtful whether I 
 should have made it known, as I never allow myself to be 
 governed by motives so selfish, that I cannot condescend 
 to what appears the reasonable wishes of another; nor to be 
 so sanguine in my expectations that a slight change would 
 become a serious disappointment. 
 
 I was very desirous to meet my engagements on Monday 
 morning, but in this I failed. When we reached Millers- 
 burg, one of the horses appeared quite sick, and we learned 
 from Israel (the hackman,) that it was sick previous to 
 leaving Lexington. We stopped at the hotel kept by Mr. 
 Halloway. He brought a pitcher of water to the carriage 
 and examined the horse, and after a little consultation it 
 was thought best to leave it there and take one of Mr. Hol- 
 loway's in its stead. 
 
TRIAL 01' HISS WEBSTER. 
 
 0 
 
 We did so, and proceeded. The next day was the Sabbath. 
 I was deceived in the distance, somewhat fatigued and be- 
 ing unwilling to spend the whole day either in riding or 
 visiting. Mr. F. left me at a private house, where I remain- 
 ed until late in the evening, when he returned. We then 
 rode a few miles homeward to the hotel of Mr. Musick in 
 - Washington, where we remained until 4 o’clock in the morn- 
 ing. As we wished to start very early we did not retire, 
 but passed the time in reading and conversation in company 
 with Mr. Musick in the public parlor. During our stay there 
 t the landlord, Mr. Musick, did not leave the room we were 
 in except in two instances, when he was not absent more 
 than two or three minutes ; in the first instance to order re- 
 freshments, and in the other instance to order the horses. 
 And in neither case was the door to the room locked, and I 
 believe, not even closed. 
 
 We staid here until 4 o’clock in the morning and then 
 left ; but had rode only a few miles when we perceived a fine 
 looking horse following our carriage. When we reached 
 a toll gate, the keeper supposing the horse belonged to 
 us, demanded toll for him. We informed him that the 
 horse was not ours, and requested that he would drive him 
 back ; which he did. Before we reached another toll 
 gate, however, the horse had again overtaken us, and was 
 again driven back by request. We stopped an hour or two 
 at the ‘‘Blue Lick Springs,” and while there, the horse 
 came up, and we related to the landlord the circumstance of 
 his having followed us from Washington. He sent a servant 
 to drive him back, but without success. And our hack- 
 man being confident that he knew the horse, and that it 
 belonged to a neighbour living in Lexington, who had kept 
 him in his master’s stable for some time, we thought it 
 would be a kindness to the horse ag well as to the owner tt» 
 
10 
 
 TRIAL OF 511S8 WEBSTER. 
 
 fake him home, and concluded to pay his toll. When we 
 arrived at Millersburg, Mr. Holloway, the tavern-keeper 
 told us, the horse we left there sick had died in our ab- 
 sence, and we might go on to Lexington with his, and then 
 send it back. We asked him if he knew the horse that was 
 following ns, to which he repiied in the negative ; and the 
 hackman then expressed his conviction to Mr. H. that :t 
 belonged in Lexington, upon which the landlord and sev- 
 eral others recommended putting it in the harness, and 
 driving it to Lexington, as the probability was (hat it did 
 belong there, and it would save a trip back to Millersburg. 
 Mr. F- at first objected, fearing that it was not a carriage 
 horse, and might not do well, as it seemed to bo quite 
 young. It however appeared rather domesticated and he 
 consented to have it put in on trial. And it moved so 
 orderly that they decided that it was best to go on with it 
 instead of taking Mr. Holloway’s; V, e did so. [This 
 is the horse which the public prints have so often charged 
 Mr. F. with having stolen.'] 
 
 When within a short distance of Paris, we met Mr. Craig, 
 the owner of the hack, &c. Mr. F. asked him if he recog. 
 nized both the horses and he answered in the negative ; 
 Mr. F. then told him that he had left his sick horse 
 in Millersburgh and on his return he found it dead, and 
 the one now in the harness he knew nothing of except that 
 it followed from Washington to Millersburg, and was then 
 put into the carriage instead of Mr. Holloway’s. Mr C. 
 said that he heard his horse was dead, and had just started 
 out to go to Millersburgh and see if it were true. But if 
 it were a fact, he would go no further. We stopped awhile 
 in Paris and Mr. C. then said to Mr. F. that he should 
 expect him to pay for his horse, fllr. F. said that he did 
 not think it would be just to pay for a horse that was sick 
 
TRIAL OF 3IISS WEBSTER. 
 
 11 
 
 before be had it, and as Mr. C. had sent his own hackman 
 to take charge of the team, he did not feel responsible for the 
 loss. Mr. C. said he did not know that the horse was sick ; 
 aDy how he could not afford to lose him. Mr. F. asked 
 the price, and on being told $100, said he was willing to 
 submit it to arbitrators, and would do whatever they should 
 decide to be right. We then proceeded to Lexington and 
 had nearly reached our boarding house, when Mr. C. left 
 the carriage he was riding in — clambered upon the driver’s 
 seat of ours, and directed the horses’ heads to the “ Megow- 
 an Hotel.” He then came down, opened the hack door 
 and said to Mr. F. “Now sir, I want my pay for that 
 horse!” Mr. F. replied “I am willing, sir, to do what I 
 told you. I don’t know what your customs are here ; but 
 if any honorable man can be found who will say I ought to 
 pay for the horse, I will do so.” Mr. C. then said he should 
 not leave it to others, but if Mr. Fairbank would put a hun- 
 dred dollars into his hand without any further ceremony, 
 he would be satisfied. But unless he did so, and that im- 
 mediately, he should not advance another step. Mr. F. 
 said he had not that much with him. Mr. C. at this 
 appeared exceedingly irritated, and raising his voice order- 
 ed him to get out of the hack. Mr. F. then told him he 
 would see him after he had accompanied Miss Webster to 
 her boarding house. He had taken her from there, and 
 wished to return with her. By this time a crowd of per- 
 sons had assembled to the spot, Mr. C. then repeated his 
 order, adding, if he did not get out immediately they would 
 take him out. Mr. Fairbank then got out, and Mr. Craig 
 seized him by dhe collar and cried aloud, “ Bring a 
 rope. Bring a rope quick. I’ve got the man that killed 
 my horse.” Till now I had been silent. My heart was 
 pained with the horrid imprecations that rent the atmos- 
 
12 
 
 trial OF MIS8 WEBSTER. 
 
 phere, ar.d knowing how lightly human life was esteemed, 
 especially by an infuriated mob, and how slight an offence 
 would provoke the dark and fiendish spirit ol‘ those enemies 
 of God and man to draw the dirk, pistol or bowic knife on 
 their defenceless fellow ; feared the result; and venturing 
 to speak, I addressed Mr. Craig, as nearly as I can recol. 
 lect, in the following words : 
 
 “Though I may be a stranger to you, sir, I have, for some 
 time been a resident of this city, and am well known as 
 principal of the Academy. My name is Webster ; and my 
 patrons are of the first class in the community. Your de- 
 mand, seems to me, sir, unreasonable ; but if Mr. F. wishes 
 to satisfy it, I can loan him the sum requisite.” I then 
 expressed my hope that they would keep cool, and that their 
 excitement would not lead them to act unadvisedly. — 
 Mr. Craig respectfully and mildly replied, that he was not 
 exasperated because Mr. Fail bank had not the money, but 
 because he saw plainly he had no disposition to give him 
 any satisfaction even if he had the means. I remarked to 
 him that Mr. F. was a stranger in the place, of course not 
 accustomed to our usages ; and rather than have any un- 
 warrantable measures pursued I would pay for the horse 
 myself. I then invited him to get into the hack — to suffer 
 Mr. F. to do so — to accompany us to our boarding house 
 and there candidly and cooly talk over ihe whole matter ; 
 at the same time assuring him if he would do so, I had no 
 doubt that the affair would be settled to his perfect satisfac- 
 tion. He answered that he would talk with him a few 
 minutes first. Then turning to the hackman, told him to 
 take me home if I wished to go. The horses started, and I 
 saw a crowd surround Mr. F. and heard him say, “Gentle- 
 men it is not necessary for you to tie me. If you wish me 
 to go in, I will do so.” They then seized hold of him and 
 
TRIAL OP MISS WEBSTER. 
 
 took him into the bar-room. The rabble instantly rushed 
 to the door but were pushed back and the door locked. I 
 ordered the carriage to stop, but no sooner was I obeyed than 
 I found myself literally enveloped by a mob of several hun. 
 dred. At this moment Mr. James P. Megowan, seeing the 
 danger I was in, hastened to my relief. He invited me to 
 sit in the parlor ; but I told him they were looking for me 
 at my boarding house. I was unattended, but would sit in 
 the carriage till they got through their consultation. He 
 then said it might be some time and asked if I would accept 
 the company of his brother 1 to which I replied that I would 
 rather not trouble his brother, as he was an entire stranger ; 
 and requested him to ask Mr. Craig if he would be out soon, 
 Mr. M. said the crowd was increasing every moment, and 
 I had better drive around the corner while he spoke to Mr. 
 C. He returned directly with answer that he would corns 
 in a few minutes. “ But,” addedMr. Megowan, “I think 
 it very doubtful. They are quite excited and may remain 
 there two or three hours, perhaps all night.” I then ex- 
 pressed a wish to see Gen. McCalla. But he was not called. 
 Mr. M. again invited me to go in, adding that I was in im- 
 minent danger, and I told him I would do so, if he thought 
 best. 
 
 He however did not advise it, but offered to attend me 
 home and did so, in company with Mr. Moreland, I met 
 with the same cordial reception, deference and respect I had 
 ever found. Supper was over, but mine was immediately 
 brought up and I sat down to relate the incidents of my 
 unfortunate ride. Being more or less in the habit of as- 
 cribing the cause of my trials to some of my own errors 
 either of heart or head, I was more than half inclined to 
 charge this to my violation of a divine precept taught in 
 Is. 60, 23. When I retired to my room, I requested Mrs. 
 
 B 
 
14 
 
 TRIAL OF MISS WEBSTER. 
 
 Glass to accompany me, which she did. Immediately on 
 opening the door, I perceived a slight change in the location 
 of several articles and inquired of Mrs. G. who had been 
 injmy room during my absence’? She replied that no one 
 had been in. I then pointed out to her several articles 
 which to her certain knowledge as well as my own, w’ere 
 now occupying a different place from that they retained 
 when I left, and asked her to account for it. She simply 
 replied “ You may have forgotten Miss Webster.” I then 
 said, “Admitting Mrs. Glass, that I may be mistaken in 
 relation to some things, yourself surely cannot have for- 
 gotten my closing and fastening the window shutters, in 
 your presence, the last thing before I left the room ; and 
 now you see they, are wide open 1 ” She then responded 
 that she certainly had not been in herself, and if any one 
 else had, it was without her knowledge, and added, “ Per- 
 haps the wind might have opened the shutters.”* 
 
 I was not disposed to question the old lady’s veracity, 
 and merely remarked that I should be sorry to have untrusty 
 servants intrude in my absence. The subject was then 
 waived, and we conversed awhile on other topics ; after 
 which she retired to her own apartment. I was in the 
 habit of offering Mrs. Glass the key of my room whenever 
 I went out and had done so on that occasion, but took it 
 with me by her request. 
 
 Late in the night we were aroused by a heavy rap at 
 the door, which was several times repeated each louder and 
 heavier. I listened a moment, and hearing no servant go 
 to the door, I stepped into Mrs. G.’s room, to know if she 
 
 * She afterword said to Gen. Combs, “ Miss Webster would never 
 have known that any one entered her loom in her absence if I had noi 
 forgotten to rcclose the shutters.” 
 
TRIAL 07 MISS WEBSTER. 
 
 15 
 
 heard it. She appeared quite alarmed and said she dared 
 not go to the door. I then recommended her to go ; which 
 she consented to do, if I would go with her. She called 
 to know who was there, and was answeied “Friend.” 
 She asked the name, but no reply. Those without in- 
 quired if Mr. Glass was within, were answered by Mrs. G. 
 in the affirmative, when they expressed a wish to see 
 him. Mrs. G. now retreated, declaring that she dared 
 not open the door. The knocking grew more violent, and 
 it was evident there were several without. I know not 
 why I desired the door should be opened, but still I advised 
 it and at length Mrs. G. said if I thought best to open it 
 she would not object. I then went to the door, unhesita- 
 tingly turned the key and invited them in. They first in- 
 quired if Mr. Glass was in ; being informed he teas not, 
 asked where he was— and when he was expected to return 
 — expressed some regret at not seeing him, bade me 
 “good evening,” and took their departure. We onco more 
 retired to our several apartments, but not an hour had 
 elapsed ere we were again aroused in a similar manner. 
 Mrs. G. again hesitated and asked me if I thought it best 
 to grant admittance. 
 
 I told her I knew no objection, when she opened the door 
 and a company of persons entered in the garb of gentle- 
 men, whose object, as the sequel disclosed, was the capture, 
 of an unprotected female. It may not be uninteresting to 
 introduce here a brief extract from a letter dated Oct. 7th, 
 1844, written in jail, giving some account of my arrest. 
 
 “ I was desired to return to the “ Megowan Hotel.” 
 From my estimate of Kentucky gallantry, I of course, ex- 
 pected to find a carriage at the door. * * My walk 
 
 was quiet and somewhat agreeable. It was a beautiful 
 
18 
 
 TBIAL OF MISS WEB3TEB. 
 
 moonlight night, though cool for the season. Some few 
 clouds mantled the horizon, and the rmirmurings of a gen- 
 tle breeze added romance to the occasion. Nought else was 
 heard, save low whisperings, and the tramping of footsteps 
 on the pavements; I being honored with upwards of forty 
 attendents. You would have smiled at the novelty of the 
 scene. Ever and anon we passed small groups of from ten 
 to twenty persons, apparently engaged in earnest consul- 
 tation. Whether they were planning a project of human- 
 ity or meditating some deed of darkness, was not in my 
 power to determine. This eventful night was the com- 
 mencement of a new era in my history.” 
 
 From this solemn, midnight hour, I date my wearisome 
 captivity. When I arrived at the “ hotel,” I was accom- 
 panied by Mr. Thomas B. Megowan, through a lower room 
 — up stairs and thence to the “ Debtor’s Room,” where 
 I was unceremoniously locked in, without a word being 
 spoken. This room was large, and rather commodious, 
 being occasionally occupied by boarders and travellers. 
 The next morning, as the door remained locked, I looked 
 around for a bible, thinking it would be a convenient op- 
 portunity to read, before school-time ; not having the re- 
 motest idea but I would be released when my school hour 
 arrived. There was, however, but one book in the room, 
 which I eagerly siezed, but discovering it to be a “ novel” 
 I laid it down unopened, and returned to my meditations ; 
 but was soon interrupted by loud execrations in the jail- 
 yard, which drew my attention to the window ; whence I 
 saw Mr. Fairbank, surrounded by a crowd of well dressed 
 men, calling him at nle “ Abolitionist and with the same 
 breath threatening his life. Some proposed to hang him, 
 say no more about it and let Miss Webster go back to her 
 sehool, others objected, declaring that they ought both of 
 
TRIAL OF MISS WEBSTER. 
 
 IT 
 
 them to be decapitated openly, and their heads carried 
 through the streets. Some thought best to cut his throat or 
 blow out his brains instantly. But another rushing up to 
 him, declared with a solemn oath, he would himself tear 
 his heart out with a “ bowie-knife.” I looked to see him 
 fall a mangled corpse ; when he gravely but emphatically 
 answered, “ Gentlemen, think not to frighten me with such 
 sights. The drawing of your knives and pistols don’t 
 alarm me.” Then, throwing open his coat and bearing 
 his breast, continued, “ I am prepared to die. But remem- 
 ber there is a God in Heaven ! And if I fall a victim to 
 your violence, remember that that man who [sheds a drop 
 of my blood, will lose his soul in Hell.”* They seemed 
 a little daunted by these remarks, and Mr. F. inquired for 
 Miss Webster; adding, that he wished to see her. But 
 was answered in an uncouth manner, that his wish would 
 not bo granted. 
 
 These were persons in the yard, who knew I was stand- 
 ing at the window, having seen me from the first ; and at 
 this instant directed Mr. F’s eye upward ; when I cheer- 
 fully bade him “Good-Morning;” which was so distinctly 
 heard below, that he was instantly taken out of my sight. 
 
 Not a moment had elapsed ere Mrs. Megowan opened 
 the door and I supposed my release was at hand, when 
 she very peremptorily said “You are not to look out of 
 that window nor the other,” and was about relocking the 
 door when I called to her, and told her it would be neces- 
 sarv I should leave soon ; as it was near school-time. She 
 responded “You will be kept hero two or three days, 
 school or no school.” I then requesfed lo see Mr. Clay, 
 
 * There were several bystanders, who took no part in th^se pro- 
 ceedings j and who can testily to the correctness o( my statement. 
 
 n’ 
 
18 
 
 TRIAL OF MISS WEB5TE5. 
 
 as as it was quite inconsistent for me to spare so much 
 timo. She abruptly answered “You have already had 
 business enough with Mr. Clay, in stealing negroes. He 
 ought to be in jail himself; and will be arrested before 
 night.” I then inquired if I could have the privilege of 
 sending a note to him. Was answered “No.” I asked 
 the privilege of sending a note to my school, but was re- 
 fused. I then told her I had no books wilh me, and was 
 unimployed : and respectfully asked the loan of a bible. 
 This also was refused, and the door closed before I had 
 time to reply. I knelt down — implored sustaining grace, 
 and thanked God that even the prisoner, could not be de- 
 nied the right of of prayer. Ere long the clanking of irons 
 in the yard below, together with the heavy blows of the 
 blacksmith’s sledge, roused me from my meditations. It 
 was with difficulty I could keep myself from the window. 
 I however restrained my feelings for some time, till Mr. 
 Fairbank’s moving cries for pity, made me regardless of 
 the prohibition, and I looked out. The commingling tones 
 of pleasure and pain, were truly alarming. Mr. F. was 
 being put in irons. The hammering continued : and some 
 seemed moved with pity, while Mr. F. was begging them 
 not to pound so hard. “ I tell you,” said he,” it hurts too 
 had ! O, dont ! ! you know not how it hurts me,” &c. 
 
 But many seemed to delight in his torture ; and declar- 
 ed their wish to have Miss Webster ironed in the same 
 manner. 
 
 The process of ironing was long and tedious. After it 
 was over he was again placed in the dungeon, and I turn* 
 ed from my window with a heavy heart. I never knew 
 till now the sufferings of a prisoner. I never knew' our 
 lfiws were so corrupt as to empower a wicked, unfeeling, 
 unprincipled jailer, to exercise a domineering spirit of un- 
 
TRIAL OF MISS WEBSTEK. 
 
 19 
 
 controlled oppression on a defenceless prisoner. But per- 
 haps I mistake. It may be that our laws invest no such 
 power in the jailer. But what better is it if they suffer 
 the abuse, and take no cognizance of it ? 
 
 But to return. For a few minutes all was silent ; and I 
 availed myself of the quietude to calm my agitated bosom — 
 subdue my indignation, and regain my wonted composure. 
 Suddenly the prison walls resounded with the most execra- 
 ble oaths, horrid cursings, and awful threats that ever 
 burst from the lips of a demon. It seemed as though the 
 lower regions had all broken loose. 
 
 Shocked and trembling, I sprang from my chair, and 
 was advancing to the window, when, recollecting that I 
 was “ not to look out,” I turned the other way. It appear- 
 ed, from the confusion, that a throng of men had entered 
 the yard and were about venting their odium on some 
 helpless prisoner, in brutal violence. Impelled by my 
 feelings to go to the window, I paused to reflect. 
 
 A captive in the power of a heartless jailer, what could 
 I do ? I heard the harsh, rude tones of his angry voice 
 below, and knew some one was suffering ; but was forbid- 
 den to look out. Conscious of the prisoner’s duty I strug- 
 gled to submit. At length, I concluded that I was not 
 bound to obey those having no right to command. I felt 
 that I would be no more culpable for looking out, than is the 
 slave for taking his liberty when he can get it. There 
 was a risk. But I was resolved, while shut out from 
 the world, and its hallowed joys, I would at least, (so 
 long as untrammeled by chains and fetters,) walk about 
 my cloister and make the best of the freedom and scanty 
 privileges of my prison. If this was a violation of jail 
 laws, I often trespassed ; but if this was no violation, then 
 I am exonerated from disobedience. 
 
20 
 
 TRIAL OF MISS TVEBSTER. 
 
 The reviling, swearing, and threats continued ; mingled 
 with heavy blows, and the cries, and groans, and prayers 
 of the bleeding victim. I ad vanced coolly, but resolutely 
 to the window ; and felt that I was facing an enemy on the 
 field of battle. O, the horrors of the moment ! Poor Israel, 
 (the hackman,) was kneeling on the pavement, pleading 
 for h is life. He was an old.man, a true and faithful servant, 
 an humble Christian, and had spent his life in unrequited 
 toil ; and now they told him he must die, unless he would 
 admit that he himself had carried off the slaves. He begged 
 for his life. Again and again he protested his innocence ; 
 and in the most touching appeals, called on heaven to wit. 
 ness the injustice of his punishment. 
 
 He was ordered with a loud voice to take off his shirt ; 
 and with every breath, almost, this order was repeated ; 
 and each time accompanied with a violent lash over his head 
 or face with a cowhide. Still he dared not take off his 
 shirt. Poor man ! He knew too well his skin would come 
 off next. At length his master, standing by, seeing the 
 relentless tyranny, and high toned fury of the whipper, 
 seemed slightly moved with pity; and speaking in a mod- 
 erate tone, said, “why, then don’t you take off your shirt ?’’ 
 At this he instantly obeyed, and the regular whipping com- 
 menced. 
 
 I resolved to count (he blows, knowing that the extent 
 of the law, did not exceed the infliction of thirty-nine lash- 
 es, even if the man were actually guilty of the crime alleg- 
 ed against him. The whipper said, the boy must have lied 
 to him ; adding that it was impossible for the slaves to 
 escape without assistence ; at the same time c’sc hiring v i h 
 a solemn oath, that unless Israel would tell the fri t ard 
 admit carrying off said negroes, at least, the b 
 ho would tear his body in pieces and ver the 
 
TRIAL OF MISS WEBSTER. 
 
 21 
 
 pavement. Israel begged for mercy ; somotimes crying 
 aloud to be delivered from the torturing lash ; at others, 
 his power of utterance seemed gone ; and deep and stifled 
 gobs, alone were heard. But enough. The reality mocks 
 my feeble effort to describe, and my heart recoils and sick, 
 ens at the recollection. 
 
 O 1 were it not for perfect bliss, where God and angels dweH, 
 
 Seraphs must- weep, at scenes like tins while devils blush in heH. 
 
 None but eye witnesses to these deeds of darkness can 
 realize the depth of cold blooded oppression. With purpose 
 fixed, I gazed in silence on the spectacle before me. My 
 heart was riven, but my cheek was dry. This was no time 
 for tears. Fifty lashes scored the old man’s back ; and all 
 was darkness— I saw no more. My trembling limbs re- 
 fused their weight, and I should have sunk to the floor ; but 
 raising my hands I grasped the iron bars and kept from 
 falling. This motion drew the attention of some below, 
 and they hastily cried out, “Stop ! Stop ! Miss Webster is 
 looking on ! Take him out of sight ! Take him to the 
 barn.” The order was obeyed and all was once more 
 quiet. The jailer (Mr. Thos. B. Megowan) now entered 
 — angrily closed the window, and withdrew without speak- 
 ing. Presently a crowd of gentlemen came in, bringing 
 with them'rny trunks, which they requested me to open. 
 I proffered them the keys, which they refused. No one 
 among them appeared willing to take the responsibility of 
 the search. I placed the keys on one of the trunks, and 
 retired to my chair. At this, the jailor peremptorily told 
 me to unlock my trunks, which I did ; leaving the lids down. 
 They then inquired if I had letters in my trunks ; 1 answer- 
 ed in the affirmative, and told them which trunk they were 
 in. I was then requested to open it. But answered that 
 it was not locked. They however did not seem satisfied, 
 and I raised the lids. But even this was not enough ; and 
 
22 
 
 TRIAL OF MISS WEBSTER, 
 
 (hey asked me to take out every thing in them. This, 
 however, 1 left for them to do. I pointed out to them my 
 letter box, at the same time questioning their authority 
 to examine its contents. Several however surrounded it, 
 and began perusing the letters with a greediness truly 
 amusing. 
 
 The search continued a long time. Every box was open- 
 ed, and every scrip of paper, however small, carefully ex- 
 amined by all who chose to read them. 
 
 All this was done, without even hinting to me, the object 
 of the search. When the trunks were exhausted, and tha 
 contents scattered over the room, not having found anv 
 thing (as they said) to serve their purpose, they next in- 
 quired, if these were all the papers in my possession ? Be- 
 ing answered, they were “not a hundredth part of them” 
 they requested the key of my room, which I gave them. 
 They devoted some time to the examination of papers in 
 my room — had finished — and were about leaving, after an 
 unsuccessful search, as I was informed, when Mrs. Glass 
 entered, and placed in the hands of the Rev. Mr. Coons, 
 Methodist Minister, some papers which the commonwealth 
 attempted to introduce on my trial ; but, which at my re- 
 quest, were examined by the Court, who excluded them, 
 pronouncing that they had “no bearing on the case.” 
 
 Before noon, Israel was brought back from the barn, and 
 placed in the dungeon ; and his persecutors, eager to tell 
 their success, rushed up stairs, saying, “Well, we’ve got it 
 out of him ! Rather than die, he has at last come out 
 and told it ! We knew he would. And now Miss Webster, 
 Israel says so and so, and if your statement should corres- 
 pond with his, you will save Israel s life, and yourself from 
 sixty years in the penitentiary ! There is no hope for 
 Fairbank, but no one wishes to imprison you. Neither do 
 
TRIAL OP MISS WEBSTER. 
 
 23 
 
 we wish you to stand trial. It is in your power to clear 
 yourself. You can do so as easily as you can turn your 
 hand ever ; and then you will not be kept here an hour, — 
 but the doors will be opened, and you can return to your 
 school. We are your friends, and unless you take our ad- 
 vice, there is no escape from sixty, and perhaps eighty years 
 in the penitentiary.” 
 
 Filled with disgust and indignation, I responded, “Gen- 
 tlemen, your threats and your promises, are alike unheeded. 
 Though I smile with contempt on your proffered friendship, 
 think not that these things move me. You have lacerated 
 that old man’s back, till he is ready to say, yes or no to suit 
 your pleasure. And I wish you distinctly to understand, 
 that whatever assertions he may make, I shall neilher ad- 
 mit, or deny. Thank God I’m not a slave. I ask no pity. 
 All I want, is the extreme justice of the law. And sooner 
 will I suffer all the tortures of the inquisition, than degrade 
 myself by asking mercy at your hands.” 
 
 In the course of the day I was placed under four indict- 
 ments, and Five Thousand Dollar bonds, without any ex- 
 amining Court. I tried in vain to procure counsel. My 
 messages were not delivered. My room remained thronged 
 with persons of every grade, interrogating me on various 
 subjects, till dark ; when I was once more left in peace. 
 O, how sweet to be alone, even in prison. The excitement 
 of the day had given me a fine appetite, and the supper 
 bell was grateful to my ears. Presently the servant en- 
 tered, and I sat down to eat. Seeing a copious supply 
 of meat upon the waiter, I told her to bring me a knife and 
 fork. She started for them, saying “she had placed them 
 ou the w'aiter once, but her master took them off, and told 
 her to let me eat with my fingers.” O, very well said I, you 
 need not go for them. I had a good dinner and can dis~ 
 
24 
 
 TRIAL OF MISS WEBSTER. 
 
 pense with supper. Here, I will drink the milk, and you 
 may take the waiter down. 
 
 Thus ended my first day of prison experience. Its fa- 
 tigues had now ceased, and wearied with its conflicts, I was 
 glad to welcome the hour of sleep. Commending myself 
 to the protection of Him, who “despiselh not his prisoners,” 
 I was soon lost in imagery bright and invigorating. The 
 morning broke — I awoke and was refreshed. A good break 
 fast was brought in, with all the necessary utensils. Before 
 had finished my repast, however, I was exceedingly an- 
 noyed by the clanking of irons below ; and looked out to see 
 what was the matter. The prisoners were let into the yard 
 to take their breakfast. Mr. Fairbank, and two negroes 
 condemned to be executed, were trying to move about in 
 their irons. O, what a sight ! They could scarcely move 
 their feet at all. Mr. F. fell several times, and appeared 
 low spirited and disconsolate. Not having been forbidden 
 to speak I drew his attention to the window, with a view to 
 offer a word of comfort — bade him “Good morning and 
 asked him how he enjoyed his mind.” He shook his head 
 when I perceived he w'as under some restriction ; and apol- 
 ogizing, I retired from the window and sought the earliest 
 opportunity to make my humble acknowledgements to the 
 jailer for this intrusion. lie seemed exasperated, and de- 
 clared Fairbank should not go out of his dungeon again, 
 on any occasion ; but that he would instantly chain him to 
 the floor. 1 assured him Mr. Fairbank had not spoken 
 - — told him I was the only one to blame, and begged him 
 not to punish another for my offence. He was too angry 
 to be entirely dissuaded from his purpose; but for the time, 
 omitted the chaining. 
 
 After this, I seldom saw him in the yard, unless taken 
 out to. converse with his counsel. He was not chained to 
 
TRIAL OF MISS WEBSTER. 
 
 25 
 
 the floor, until a subsequent attempt to break jail, which ha 
 told the jailer in my presence, he should never have made, 
 had he not been driven to desperation by inhuman treatment. 
 During this day also, I was continually molested with so- 
 licitation to clear myself ; but told them inasmuch as I was 
 indicted, 1 should stand my trial ; and it was useless for 
 them to try to dissuade me from my purpose.* They urged 
 me to go immediately to trial that day. I told them I could 
 not go to trial till I had seen an attorney. They insisted 
 upon it, that that would make no difference, because tho 
 Court would appoint me counsel. Thus' I was harrassed 
 with intruders for two or three days, until Mr.Rhodes (sher- 
 iff) was making some inquiries, when I made known to him 
 the impossibility of my obtaining counsel. He instantly vol- 
 unteered to do me any favor in his power, and said he him- 
 self would be the bearer of any message I wished to commu- 
 nicate. (This was the first word of kindness 1 heard after 
 my capture, except in one instance from Judge Davis.) I 
 hastily despatched Mr. Rhodes with a note to Gen. McCalla 
 the jailer having objected to my sending for Mr. Clay, who 
 very soon returned, bringing the General with him. My 
 embarrassment was now greatly relieved, and I began to 
 hope for better times. O, how consoling is the presence of 
 a friend in the hour of adversity. I was now in circum. 
 
 ^During this time I had made repeated requests to the jailer, to send 
 for counsel lor me, but they had all been disregarded, and no person 
 entered my prison but my enemies. Subsequently loo, my friends, with 
 the exception of my counsel, often found great difficulty in obtaining 
 admittance. In one ir stance a gent If man came srveral hundred milea 
 and requested admittance but was denied, because he was a friend to 
 Mr. Faiibank. Casually heating that he was in the place and having 
 do doubt but that he came to afford assistance I requested permission 
 toseehim, but wasdenied. He, w as taken outof Led at a dead hour 
 of the nig ht, searched . his diary taken from him, and then ordered to 
 leave immediately; and seeirg the danger of a longer slay, ha lost no 
 time in ret urning to a land of freedom. 
 
2o 
 
 TRIAL OF MISS WEBSTER. 
 
 stances to appreciate the smallest kindness, and flattered 
 myself that the weight of my trials was over ; when, it was 
 announced to me, that the arrangements were all made for 
 my being put in irons, and placed in a cold dungeon, alrea- 
 dy crowded with black women, where the naked floor was 
 to be rny only bed. My counsel expostulated with the jailer, 
 and offered to pay him for the use of the room 1 was now 
 occupying ; but his purpose was fixed. He then went to 
 his office and was relating the jailer’s intention in the 
 presence of a gentleman of high standing and influence 
 from Alabama, together with several others, when the in- 
 dignant Southerner sprang from his chair, and in the heat 
 of his displeasure, rushed from the office without speaking, 
 and hastened to Judge Buckner, to whom he made known 
 the jailer’s determination ; adding, that it was beyond all 
 the bounds of propriety, and an outrage upon humanity ; 
 and he, in permitting such treatment, would disgrace his 
 city- This gentleman, to whose kindness I am so deeply 
 indebted, is a distinguished slave- holder ; and Iregret that 
 I have forgotten his name. The Judge hastened to my 
 relief ; and very peremptorily told the jailer, (as I was in- 
 formed,) that he should permit no such enormity ; but on 
 the contrary, that Miss Webster was to retain the apart- 
 ment she now occupied, and to be served with all due res- 
 pect during her custody ; adding, that he should not toler- 
 ate any further annoyance from such hordes of unwelcome 
 visitors. 
 
 The Judge farther manifested his kindness, by telling 
 me I need not be hurried into trial, during this rage of 
 excitement and prejudice. But might defer it till the fol- 
 lowing spring term, or, if I chose, he ivould call a special 
 term of the court for my accommodation. Times now 
 began to brighten. 
 
T2IAI. OF MISS W EBSTEIT, 
 
 2T 
 
 I employed more counsel, and for a few days enjoyed a 
 good -degree of quietude. But nil the trying scenes I had 
 passed through, Mere nothing compared with what I was 
 destined to experience during the remainder of my hun- 
 dred davs in jail. But I forbear to pain the hearts or tax 
 the credulity of my readers with a minute detail. Justice 
 to the jailer requires me to add that, as a general thing 
 I had plenty of food furnished from his own table, three 
 times a day, and for the most part very palatable. 
 
 Also a good bed &c. And, though he caused the win- 
 dows to he screwed down, he protested that he did not do 
 it for the sake of depriving me of air, but because he feared 
 I would have some communication with the other prisoners. 
 He invariably professed the warmest friendship for me, 
 and usually treated me personally, with deference and 
 respect. He now has a letter which I wrote him while in 
 his custody, in which I went to the extent of allowableness, 
 in acknowledging his favors to me ; and also on the same 
 sheet, there is one containing the expression of dissatis- 
 faction at some things (hat had occurred in my treatment. 
 And I have only to say, that being a prisoner , and having 
 suffered in no small degree in a confinement that ran 
 through one hundred and two days, I felt as a prisoner and 
 t crole as a prisoner. And designed to do all I consistently 
 could to conciliate the feelings of my persecutors. 
 
 I was then disposed to make the best of my condition and 
 treatment, and I am not now inclined to make the worst of 
 it, since I am delivered. Added to all the discomforts of 
 my prison life, my health began to bo seriously impaired 
 from October 28th, and by November 7, I was confined to 
 my bed ; and this prostration continued for four weeks, 
 during which time my sufferings were deep, and greatly 
 aggravated by the utter disregard of Mrs. Megowan, to 
 
28 
 
 TRIAL OF MISS WEBSTER. 
 
 have the physician’s orders attended to. The physician 
 was called for the first time. Nov. 7th, and he continued to 
 visit and prescribe for me until thefever abated. 
 
 Most of the time from November 7, to December 5, I 
 was unable to sit up for my bed to be made ; but from that 
 date I began to recover, and on the 10th, my Father ar- 
 rived from Vermont, and on th 11th I sat up through the 
 day. On this theme I could say much more, but intend 
 saying as little as may consist with a brief history of the 
 principal faots'that attended my imprisonment. 
 
 Having been arrested and imprisoned in an excited and 
 unguarded moment, it then became necessary to convict 
 me, lest my enemies should themselves be exposed to the 
 rigors of the law. Various schemes were resorted to, for 
 accomplishing this end ; and some of them at the expense 
 of every principle of honesty ; among which were the fol- 
 lowing : 
 
 It was ascertained that I intended summoning the fer- 
 rymen at Maysville, as witnesses in my behalf; on which 
 sny enemies went to see the ferrymen, and on their return, 
 instantly rumored that those men were not only willing 
 but anxious to come and testify against me. And that one 
 of them was heard to say, that “Miss Webster herself got 
 out of the hack on the Kentucky side, and offered five doD 
 Jars to be taken across, and that he would go two hundred 
 miles to be a witness against her. ” These reports were 
 diligently circulated for facts, and told to my counsel with 
 apparent candor ; on which my counsel fearing their tes- 
 timony might possibly operate against me, hinted to me 
 the danger of procuring them. Still I insisted upon their 
 evidence ; knowing if they spoke the truth, that it would 
 he of importance in my defence. My counsel then deter* 
 mined to summon them, but were informed by the ©the? 
 
TRIAL OF MISS WEBSTER 
 
 59 
 
 party that a subpoena had already been executed by the 
 Commonwealth. Of course we had no doubt of their ap- 
 pearance ; but they were not present, and the sequel proved 
 that my opponents must have known what would be the true 
 character of their testimony, and its weight in my de- 
 fence. 
 
 Another stratagem was resorted to, still more disgrace- 
 ful. Just upon the eve of my trial, handbills were sent out 
 in every direction, stating that a dreadful affray had just 
 occurred in Georgetown, Ohio, where several Kentuckians 
 had gone to retake their slave property, and meeting with 
 strong opposition from Abolitionists, they had burnt down 
 one house, and hung one of the negroes. And that one 
 or two Kentuckians had been killed, and many more im- 
 prisoned by the Abolitionists. That no doubt this blood* 
 shed was the commencement of a civil war, as the Ken- 
 tuckians were fast gathering to the spot, and the multi, 
 tude increasing every hour. &c. &c. This appeared just 
 in time to come out, with its comments in the first paper 
 before my trial, for the sole purpose of kindling a still 
 greater excitement, and preventing the possibility of a fair 
 and impartial hearing. This grave statement had the de- 
 sired effect, its treachery not being detected until the 
 close of my trial, when it was discovered to be a complete 
 fraud — a base and groundless falsehood. 
 
 Again, it was expected that the audience would consist 
 principally of ladies, it being generally known that they 
 had made their arrangements to attend. But the day 
 previous to my trial, reports were circulated that the facts 
 developed in evidence would shock the delicacy of fe- 
 males, and that it would be unfit for them to attend. I re- 
 fer my readers to the testimony itself, for the truth of those 
 reports. The ladies not once surmising the motives of my 
 
so 
 
 rBIAL OF MISS WEBSTER. 
 
 enemies, were thus kept away, and not another female en* * 
 tered the Court house during the pendency of my trial, 
 except in two instances, when they were brought in as wit. 
 nesses. 
 
 The following is a letter written ir. jail, to Richard 
 Buckner, Esq. judge of Fayette Circuit Court, exposing 
 some facts, and giving my views and feelings in relation 
 to them. Some words may differ slightly from that which 
 he has, but generally it is given verbatim. 
 
 Lexington Jail, Nov. 23d, 1S44. 
 Judge Buckner, Honored Sir : — 
 
 You are doubtless a little surprised to see my name at 
 the bottom of this letter — but let me ask you not to look 
 upon me as an intruder ; but as one, who needs and insists 
 upon your sympathy — your confidence — your friendship 
 and your aid. As one whose whole course of life — whose 
 every action renders her worthy of all she asks. Did I 
 not believe you to be a gentleman of humanity, I wmuld 
 not trouble you with these few lines. But your repeated 
 acts of kindness towards me, (for which you have my 
 warmest thanks,) have convinced me that you aie not be- 
 reft of the finer feelings of nature— that you love justice, 
 and that you are not pleased that domineering tyranny 
 and oppression should triumph over conscious innocence. 
 Though you have seen me but once, sir ; did not your deep 
 penetration and discernment tell you, guilt was a stranger 
 to my heart? The face is the heaven of the soul ; and 
 both Physiognomists and Phrenologists give me the char- 
 acter of being candid, ingenuous, frank, open-hearted and 
 confiding. True it is sir, I am confiding, quite too much 
 so ; for I suppose every being on earth my friend I have 
 no feelings of animosity towards any ; and why it is that 
 
 4 
 
TRIAL OF MISS WEBSTER. 
 
 31 
 
 some, have centered their hatred on me, is more than I 
 can tell. I have wronged no one. I have injured no one. 
 I have never in any way, shape or manner seduced or en- 
 deavored to seduce any servant whatsoever to leave his or 
 her master or mistress. Nothing could be farther from my 
 heart. 
 
 And I defy any one to bring forward an instance in my 
 whole history that would comport with anything of that 
 character. When I came to this place, it was not with 
 the intention of remaining here more t han two weeks. But 
 the Rev. N. H. Hall and many others, were so very urgent 
 that I should take a school, that after repeated refusals, I 
 was at length over-persuaded, and very reluctantly consent- 
 ed to begin. This was one year last summer ; since which 
 time I have devoted my constant and untiring labors to 
 my school, till my arrest ; with the exception of two weeks 
 respite last spring, when I determined to go home to my 
 friends. I felt that I could be absent from them no longer. 
 
 But I found it nearly impossible to withstand the united 
 entreaties of pupils and patrons. I loved my school, and 
 was always passionately fond of teaching. Besides, I had 
 become ardently attached to Kentucky. Its mild and sa- 
 lubrious climate had perfectly restored my health ; and I 
 had conceived a high estimation of its inhabitants. (1 do 
 not, of course, mean all , but those deserving the name of 
 true Kentuckians.) Indeed I felt quite at homo; and 
 though my trunks were packed, and I was just ready to bid 
 adieu, I was again prevailed upon to desist from my purpose, 
 and go back into my school. You will reproach my want 
 of decision of character. I merit your severest rebuke. 
 Believe it is my most prominent failing, and I am ashamed 
 that I possess one of such magnitude. It has been a mat- 
 ter of deep regret ever since, that I did not return at that 
 
32 
 
 TRIAL OF MISS WEBSTER. 
 
 time, — though my school has flourished beyond my most 
 buoyant expectations ; yet every letter was filled with anx- 
 ious entreaties for my speedy return. 
 
 My Father’s health was delicate ; and he knew not how 
 to dispense with my society. My mothers anxiety on my 
 my account, she said exceeded all her other cares, because 
 I was alone among strangers. 
 
 I replied to her “that I found many friends and was very 
 happy. That this climate perfectly suited my delicate 
 constitution; and though I did not know whether I could 
 say I was in the garden of the world , yet I truly felt that I 
 was in the Eden of America” * * * * 
 
 Did you ever, my honored sir, in your moments of reflec- 
 tion, take a glance at my real situation ? Have you suf- 
 fered your mind to dwell upon it for a moment in its true 
 light ? Did you ever think of me, as away from home — in 
 a land of strangers — defenceless, and unprotected, with 
 none to extend a friendly hand, or breathe a solacing word 
 in the dark hour of adversity; and thus circumstanced, rude- 
 ly and unceremoniously torn from a flourishing school, one 
 in which I had felt greatly interested — and thus deeply and 
 forever degraded in the eyes of all my patrons and a cher- 
 ished circle of loved acquaintances ; and cruelly locked in 
 here, without the slightest provocation ; where it is impos- 
 sible to get a breath of fresh air, from one month’s end to 
 another ? This, honored sir, is my real condition. Now- 
 do tell me if such treatment be according to law. 
 
 If so, law and justice differ more widely than I am wil- 
 ling to believe. I have been accustomed to consider the 
 terms as almost synonymous; but how immensely hare I 
 mistaken the reality. But I do not, I cannot believe sir, 
 that law had anything to do with my arrest. Some two 
 ®r three individuals, irritated at the loss of their property,, 
 
trial of hiss webstee. 
 
 33 
 
 and not willing to leave one stone unturned, thought, as I 
 was an Eastern person, I might be a suspicious character — 
 and I have since been informed, that in the heat of their 
 excitement they urged my arrest with great impetuosity, 
 and on account of meeting with much opposition, became 
 exceedingly boisterous — and to quiet them, near midnight 
 some gentlemen went after me. Said persons called at my 
 boarding house, and inquired if I was willing to go up 
 to Mr. Megowan’s and stay till morning; adding that 
 there was a considerable agitation, which would probably 
 subside the next day ; and Mrs. Megowan desired I should 
 come, saying if I would do so, she would give me as good 
 a room as she had in her house, &c. 
 
 I told them I was perfectly willing to go, and put on my 
 bonnet at once. I was then asked if I had any objections 
 to my trunks being taken with me. 1 thought this a very 
 singular request, but immediately replied that I had no 
 objections; and locking them offered them the keys; 
 which were politely refused. They said nothing about the 
 cause or subject of the excitement ;. but having heard 
 many oaths concerning the loss of the horse, I had no 
 doubt but it arose from their fears that they would not get 
 their pay. Consider my astonishment on being conducted 
 to this room, suddenly to be left alone and hear the key 
 furned up on me. I could scarcely believe my own senses. 
 
 “What can all this mean !” I exclaimed. Still, the 
 thought never once entered my mind that I was in jail. 
 For as long as I had been in the place I had no idea in 
 what part of the town the jail was located, never dream- 
 ing of its being in any way connected with the “Megow- 
 an Hotel.” 
 
 • I however retired, and slept as sweetly as usual, not 
 awaking until a servant entered with my breakfast. I 
 
34 
 
 tbial of miss websteb. 
 
 eould not understand why my breakfast should be brought 
 tne, and was about saying to her that 1 was not ill, when 
 she hastened from the room without uttering a word, and 
 relocked the door. I dressed myself, and was conjecturing 
 in my mind whether this were “as good a room as Mrs. Me- 
 gowan had,” when I carelessly drew aside the curtains, and 
 lo ! the window was grated the whole length, and my view 
 limited by an enormous wall. I gazed in silent amaze- 
 ment, and thought for an instant it must be the delusion of 
 a dieam, from which I should soon awaken. I then went 
 to the other window, which I found grated in the same man- 
 ner, and opening upon the same huge wall. 1 then turned 
 my eves toward the massive lock, such as I had never be- 
 held before ; and laughed aloud. I had not laughed before 
 for months, indeed I seldom more than smile ; but the 
 novelty of the whole affair produced sensations, such as I 
 never before experienced, and has more than once excited 
 an involuntary laugh. I sat down to my breakfast, think- 
 ing it folly to puzzle my brains in trying to unravel what 
 eluded my comprehension ; as it was impossible long to be 
 kept in suspense. I was not long in suspense. Loud talk- 
 ing in the yard below with more profanity than I had ever 
 heard before in all my life, drew my attention lo the win- 
 dow, where I stood for some time and witnessed a scene 
 which I wish never to see repeated. Soon after a crowd of 
 men entered my room, which continued thronged with per. 
 sons in the garb of gentlemen, for two or three days before 
 it was possible for me to procure counsel. This was ex- 
 ceedingly unpleasant and annoying, (as many other things 
 have been,) but I was cheerful and happy, and have con- 
 tinued so the whole time since this unfit apartment was 
 made my residence. 
 
 Notwithstanding, I have someiimes found it exceedingly 
 
TRIAL OF MISS WEBSTER. 
 
 35 
 
 difficult to forbear giving vent to the secret indignation I 
 felt at such abuse ; particularly so, during my illness, 
 which, sir, has been very severe. Indeed sir, I can give 
 you no adequate conception how much greater my suffering 
 has been, on account of being here, than it need necessa- 
 rily have been. I will not pain your heart with the un- 
 pleasant recital. Had it not been tor this illness, I might 
 have forgotten my wrongs. I might have buried them in 
 oblivion. 
 
 But how can I forget the atrocious cruelty and injustice 
 of a confinement that has produced such an amount of 
 suffering ? The history of Europe bleeds with suffering 
 innocence. Her tyrants scruple not at injustice and op- 
 pression. But no where in the annals of our happy nation 
 can he traced such a scene of trials and misfortunes, in- 
 flicted cn an inoffensive female, without grounds or provo- 
 cation, by the ruthless hand of strangers. And, for the 
 credit of our glorious Republic, I humbly trust this act may 
 never be recorded. Never did a martyr suffer more un- 
 justly. Had I been surrounded b}’ friends I should 
 never have been molested. But as it is, I am harrassed 
 by perseculion, assailed by the tongue of slander, and ex- 
 posed to the vengeance of those w ho have it in their pow- 
 er to do me injury. And how have they delighted to oxer* 
 cise that power. I am told I should not ride with a gen> 
 tlemen unless it be my intention to marry him. And are 
 these the refined notions of society in which I am placed 1 
 How different from that to which I have hitherto been 
 accustomed ? In our own happy New England, where 
 piety is elevaied to its proper standard, and where our in- 
 stitutions are republican, nothing is more customary than 
 for ladies and gentlemen to ride when and where they 
 choose, and no impropriety is attached to the practice. 
 
36 
 
 TRIAL OF MIES WEBSTER. 
 
 Now. honered sir, 1 wish to know whether there is no rem- 
 edy for such an evil as I have been laboring under for the 
 last two months. In a country like ours, can we never 
 know when we are safe ? 
 
 Must we be continually liable, in an unsuspecting, un- 
 guarded moment, to be seized, either ly, or without law, 
 and deprived of liberty, that dearest pledge of our exis- 
 fence ? And must we take our last farthing honestly earned 
 by unremitting toil, and then borrow from friends, (if so 
 fortunate as to have any,) all they can reasonably spare, to 
 defend our innocence ; thus rendering ourselves slaves for 
 years , perhaps for life , before we can repay the sum so kind- 
 ly loaned ? 
 
 And must we quietly and tamely submit to all this, 
 without redress? My dear sir, if this be law , it surely is 
 not justice. It is further from it, than the north pole from 
 the south, and as much averse to it, as are positive and 
 negative agents in electricty averse to each other. If our 
 laws must sanction or countenance vice, tyranny or op. 
 pression, in any form, they most certainly need remodeling, 
 fill Law and Justice, like twin sisters go hand in hand, 
 trampling on vice of every name, reigning thriumphant — 
 resplendant luminaries — stars of the first magnitude in the 
 galaxy of our then thrice glorious republic. 
 
 • Yours very Respectfully, 
 
 D. A WEBSTER. 
 
 N. B. As I was imprisoned without law, I see not why, 
 Judge Buckner, it is indispensable that I should go through 
 the ceremony of the law, before lean be released. I have 
 delivered what funds I had into the hands of my counsel, 
 which if my case were dismissed, wrnuld bo returned me to 
 bear my expenses home. But if I have their services on 
 a trial, 1 shall be left pennyless, and obliged to protract my 
 
TRIAL OF MISS WEBSTER. 
 
 37 
 
 stay till money can be sent me, which will make it several 
 weeks later in the season ; of course very unpleasant trav- 
 elling. If you will feel yourself interested in my case, and 
 see if something cannot be done in my behalf, you will 
 confer a favor for which I will return you my “ warmest 
 thanks, and still warmer gratitude.” If nothing can be 
 done without a trial, your Honor will highly oblige me by 
 granting a trial as speedily as possible. 
 
 Pardon me if I have tired your patience with the length 
 of my epistle. I write in bed, not yet being able to sit up. 
 
 Yours, &c. D. A. W, 
 
 In reply to the foregoing letter in which I asked either a 
 dismissal of the indictments, or a speedy trial, the Judge 
 answered through my counsel “that it was not in his power 
 to dismiss my case, but he would grant me a trial the fol- 
 lowing day if I desired it.” Having previously heard that 
 the Comnjonwealth’s Attorney was in readiness, and was 
 leaving it with me to select the day, I sent to apprise him 
 that the time was fixed, &c. When he returned answer, 
 tha the “could not be ready before the 17th of December,” 
 about three weeks distant. I was somewhat impatient 
 
 4 
 
 with this delay, and the Judge said he would reduce my 
 bonds if I wished to give bail. This impatience however, 
 was not the result of mere physical suffering in jail. One 
 of my attorneys, Gen. McCalla, who had been unremitting 
 in his kind attentions, and untiring in investigating the 
 facts in my case, must necessarily leave the following week, 
 to transact important business in Washington city. And 
 tlye time of his return being quite uncertain, I felt anxious 
 to secure a trial before his departure. Of course I was 
 (utterly unprepared for this defeat in my expectations ; and 
 
TRIAL OF MISS WEBSTAR. 
 
 under these circumstances I addressed the following letter 
 to Madison C. Johnson, Esq. 
 
 Lexington Jail, Dec. 2nd, ’44. 
 
 Mr. Johnson — 
 
 Sir : After some hesitancy and at the expense of much 
 natural pride of heart, and delicacy of feeling, I take the 
 liberty to address you, on a point of almost infinite impor- 
 tance, both to myself and friends. 
 
 One of my attorneys, Gen. McCalla, has retired from 
 my case, in consequence of being obliged to leave for Wash- 
 ington city ; and knowing my wish for a speedy trial at 
 which it would be impossible for him to be present. Con- 
 sequently, I wish to get some additional Counsel with 
 Messrs. Combs and Shy, and am recommended to you, as 
 a first-rate lawyer of the highest standing ; and to your 
 partner also, as a fine jury-lawyer. Will you, sir, have the 
 kindness to call and see me? First, however, I must tell 
 you, viy means are Imiled. But the gentleman who re- 
 com mends, you, assures me that the leant of means, will not 
 prevent your appearance. This , together with the high 
 estimation I had previously conceived of your liberality' of 
 sentiment, encourages me to ask your aid, in an hour when 
 fortune frowns, and the skies of adversity are black with 
 impending clouds, threatening the subversion of justice in 
 the case of an inoffensive and helpless captive. 
 
 Instead of being arrested by law, I was taken by strata- 
 gem, on pretence of being detained but a few hours. Pla- 
 cing all confidence in my deceivers, I had not the least 
 suspicion of being conducted to a jail , and was subtiJelv 
 and feloniously decoy ? ed away from a large and flourishing 
 school to which I had become ardently attached— : aw ? ay 
 from the sw'eets of liberty, and shut in here, for an uncer- 
 
TRIAL OF MISS WEBSTER. 
 
 39 
 
 tain period, deprived of all those hallowed pleasures which 
 a lover of nature ever derives from beholding her charms. 
 Yea, more ; I am even forbidden a share in that gift, which 
 of all others. Heaven has most bountifully, and with an 
 unsparing hand bestowed upon all mankind, — pure and 
 invigorating atmospheric air. Never, since the creation 
 of the world, not even for one moment, has He this bless- 
 ing withheld from man. Nor is there a spot on the face 
 of our earth, that is not fanned by the breezes of heaven ; 
 which plainly indicates that God intended all his crea- 
 tures to share freely in that gift so indispensable to health 
 and happiness. 
 
 Here, too, the varied beauties of the horizon,— the blush- 
 es of the morning, the radiant clouds of twilight, the rising 
 or the setting sun, never smile upon my casement. 
 
 I need not tax your patience by enumerating the thous- 
 and privations to which I am subjected. But, conscious 
 of innocence, and with a heart free from guile, I take the 
 liberty to say, my imprisonment is an act of cruelty, m* 
 justice, and oppression, without a parrallel this side the 
 broad Atlantic. I cannot comprehend why it is, I should 
 be so persecuted by this most worthy Commonwealth. I 
 have done nothing — I have said nothing to merit the ani- 
 mosity or displeasure of this community, I do not deserve 
 to have a fellow being for my enemy. Friendly to all, I 
 have a right to expect good feeling in return. But alas f 
 How often in this world are our rights trampled upon by a 
 “ little brief authority.” 
 
 My support and confidence is not in the breath of wit- 
 nesses, but in the stubbornness of Truth. But though mv 
 character is as far above suspicion as the skies above the 
 pavement, I know too well that innocence is often doomed 
 to suffer; and I appeal to you, sir, for protection in this 
 
40 
 
 TRIAL OF MISS WEBSTER 
 
 trying hour. The bare possibility of being consigned to 
 nay farther suffering, is enough to fill the mind with horror. 
 There is something so forbidding in the idea, that my whole 
 soul shrinks from what seems too much for feeble nature 
 to sustain. 
 
 The present, sir, is a time of moment. A time of the 
 post thrilling interest. Mg liberty , (and no doubt my life) 
 Seems suspended by a single thread. The happiness of my 
 dearly beloved friends is atstake. Will you, sir, interpose 
 and save a fellow being from unmerited disgrace and deg- 
 redation. Please bear in mind that I am .far from home 
 and friends — from my native soil — an unprotected female 
 in barbarous hands; and for nine long weeks have yielded 
 in quiet submission to their unfeeling abuse. 
 
 His Worthy Dignity, the Hon. A. H. Robertson has 
 been pleased to fix my trial on my “ birth-day.” This 
 casual circumstance, will render the occasion to me. doubly 
 interesting. But if I can have the aid and protection 
 of yourself and partner, together with my present much 
 esteemed Counsel, I shall consider myself highly favored, 
 and feel, both happy and secure. It is most fortunate in- 
 deed for me, and I trust I am not unthankful, that my 
 cause is to be judged by one who is not incapable of ap- 
 preciating its merits. 
 
 My heart is full, but I fear I have already said too much. 
 I presume on vour kindness Mr. Johnson, to excuse this 
 intrusion. Very Respectfully, Tiours, 
 
 D. A. WEBSTER. 
 
 On the reception of the aboye letter Mr. Johnson return- 
 ed answer that himself and partner would most cheerfully 
 appear in my defence. His partner, (Mr. Robinson,; how- 
 ever, was prevented being present through serious illness,. 
 
t 
 
 The assistant prosecutor having expressed some dissatis- 
 faction with the indictments proffered against me, in which- 
 I was charged as accessory, a meeting was called to indict 
 me over again, at which a new set of indictments were 
 framed, in which I was presented as principal. The last 
 set of Indictments I have never seen.* 
 
 On the 17th, my trial commenced at 10 o’clock, A. M. 
 My Counsel were Messrs. Combs, Shy, & M. C. Johnson, 
 Esqrs. Scarcely was I seated, ere Mr. Fairbank was 
 brought into Court lo be tried with me, I objected to this 
 move, fearing the prejudice (hat existed against him would 
 impair my case. Beside this, the testimony in his case 
 was of an entirely different character from that in mine. 
 And I feit that I would rather go back into jail, and remain 
 there till spring, than be tried in connection with him. 
 There was gteat anxieiv on the part of the commonwealth, 
 to try the cases together ; and alter argt:ment, fearing that 
 it would be decided against me, I made out an affidavit, 
 stating my convictu n that I could not have a fair trial, &c. 
 in conneciion with Mr. Fairbank, and respectfully asked a 
 separate hearing. My request was granted, and Mr. Fair- 
 bank was remanded to jail. 
 
 The etnpanneling of the Jury immediately commenced. 
 Twelve men were brought forward, and all rejected. 
 Twelve more were examined and rejected, Olhers were 
 
 *By what process a revised set of indictments were made out against 
 tee, was unknow n to me then, and remains the same to this day. 
 
42 
 
 TRIAL 0? MISS WEBSTER. 
 
 brought, and the examination continued three hours, and 
 adjourned at 1 o’clock, wi th only one juryman. At half 
 past 1 P. M. we met again, and the examination was car* 
 ried on through the whole afternoon; during which time, 
 by being a little less particular, we accepted eleven more ; 
 and adjourned to 10 o’clock the following day. 
 
 The examination of witnesses now commenced, and 
 continued till night, with the exception of half an hour of 
 recess for dinner. Next morning we assembled at 9 o’clock 
 and the examination was carried on, together with inter- 
 mediate remarks, till dark. 
 
 Considerable portions of the time each day of my trial 
 were employed in argument by Counsel on both sides. 
 During the proceedings of the Court, the Counsel for the 
 Commonwealth, had several times urged as testimony 
 against me, certain papers, said to have been found in my 
 trunks, and also, a letter found upon the person of Mr. Fail” 
 bank at the time of his arrest, signed Frater, supposed to be 
 written to a gentleman in Ohio. These papers were object- 
 ed to by my Counsel, and the Judge ruled them out of Court, 
 until the fourth day, when to our surprise, he admitted the 
 letter of Frater which follows the evidence. 
 
 This letter referred to, which had no other signature but 
 that of “ Frater, ” and upon which much has been said, pur- 
 ported to be written to a gentleman in Ohio, and contained 
 an allusion to a “Miss W.” I heard during my confinement 
 in jail, of the existence of a letter which had been found in 
 the possession of Mr. Fairbank, but knew not its contents, 
 until a few days before my trial, when Mr. Shy, one of my 
 Counsel brought me a copy of it. Of its existance I re- 
 mained ignorant only from mere heresay in jail, until the 
 time when Mr. Shy brought it me. The ground taken by 
 the Courts and Counsel for the defendant, was, that what- 
 
TRIAL OF MISS WEBSTER. 
 
 • 43 
 
 ever the contents of the letter might be, unless a prior 
 conspiracy could be proved between myself and Fairbank, 
 the letter could not be admitted as testimony. 
 
 One of the prosecuting attorneys urged the admission of 
 the letter, and with much warmth, declared that unless it 
 were admitted, he could not argue the case, as there was 
 not ground for argument. Immediately after my trial, Mr. 
 Fairbank made affidavit, that I was ignorant of the exist- 
 ence and contents of the letter. 
 
 I here give a copy of the indictment made out against 
 me in the first instance, and I was informed by my Coun- 
 sel, that the only difference between this, and the second 
 one, already referred to, was, t hat in the last, I was indicted 
 as principal, whereas in the first I was an “accessory.” 
 
 Following the indictment is all the testimony which was 
 introduced on my trial, a copy of which ig now in the pos- 
 session of Governor Owsley, and was approved ofbyth® 
 attornies for the Commonwealth, and certified by Judge 
 Buckner. 
 
 IHDICT1M T, 
 
 Commonwealth of Kentucky, ^ ~ < 
 Fayette County and Circuit, $ 
 
 The Grand Jurors of the Commonwealth of Kentucky, 
 empanneled and sworn to inquire in and for the body of 
 Fayette County, in the name, and by the authority of the 
 commonwealth of Kentucky, upon their oaths present, that 
 on the twentieth day of September, in the year of our Lord 
 eighteen hundred forty four, in the County and Circuit 
 aforesaid, Calvin Fairbank late of Fayette County, laborer, 
 one slave Lewis then and there being the property and in 
 the possession of one Thomas Grant, did wilfully and fel- 
 oniously entice and seduce to leave his said owner, and to.' 
 
 v 
 
44 • 
 
 TRIAL OF MISS WEBSTER. 
 
 ( 
 
 escape to parts beyond the limits of this State, Viz, to Uhio, 
 He the said Calvin then and there having no lawful title 
 or color of claim to said Lewis, contrary to the form of the 
 statute in such case made and provided, and against the 
 peace and dignity of the Commonwealth of Kentucky. 
 
 And the Jurors aforesaid, upon their oath aforesaid do 
 further present, that Delia A. Webster, late of Fayette 
 County, spinster, before the committing of the felony afore- 
 said, to wit, on the nineteenth day of September, in the 
 year aforesaid, in the County aforesaid, did knowingly and 
 feloniously incite, move, aid, abet, counsel, and command 
 the said Calvin Fairbank to do and commit the felony 
 aforesaid, in the manner and form aforesaid, contrary to the 
 form of the Statute in such case made and provided, and 
 against the peace and dignity of the Commonwealth of 
 Kentucky- ^ A. H, ROBERTSON, C. A. 
 
 Commonwealth against Calvin Fairbank and Delia A. 
 Webster, inciting Lewis to leave the State. 
 
 A True Bill. 
 
 THOMAS H. WATERS, Foreman. 
 
 Returned 1st October, 1844. 
 
 Commonwealth of Ky. ) T j- , . r • T 
 
 vg > Indictment f° r aiding Lewis 
 
 Delia A. Webster, of Vt. j> t0 esca ‘ oe ' &c ‘ 
 
 EVIDENCE. 
 
 Thos. Grant — States that ; Lewis has gone away, and 
 I do not recollect the day precisely that he left. ' Mr. Bax- 
 ter and myself own him. He left on Saturday after the 
 races at Lexington ; I have not heard from him or where 
 he is, sinee he left. I talked with Miss Webster in relation 
 to him and the other negroes, and she denied that she had 
 anything to do with them, and said she knew nothing about 
 
 S 
 
TRIAL OF MISS WEBSTER. 
 
 45 
 
 thorn ; I d jn’t recollect of her admitting she had crossed the 
 river. 
 
 Mr. Music. — I saw Fairbank and Miss Webster at my 
 house in Washington, on Sunday night ; they got to my 
 house about 12 o’clock, and stayed until day, and then let t. 
 They did not retire that night. I sat in the room with 
 them till morning. I saw the same hack going towards 
 Maysville on Sunday ; it passed in the morning about 10 
 o’clock, or in the evening about 3 o’clock — I don’t recol- 
 lect which ; 1 did not see the persons in the hack when it 
 passed on Sunday ; the day was inclement and the curtains 
 were down; I conversed with them in relation to run- 
 away matches ; the drift of our conversation was about 
 marriage. They did not say they were married, or were 
 not married, but I inferred they were ; they did not say 
 they had been into Ohio. One of the horses on the return 
 appeared fatigued, but the other did not. 
 
 Mrs. Glass . — Fairbank and Miss Webster boarded at 
 my house ; she was boarding there at the time of her ar- 
 rest ; Fairbank boarded there about three weeks in..all. 1 
 don’t know that they were acquainted previous to Fair- 
 bank’s coming there. I heard her say they were not ; but 
 that he knew some of her friends and relatives. She left 
 my house in company with F. on Saturday evening and 
 said she was going to Versailles and invited my daughter 
 to accompany her. She returned to my house before ar- 
 rested. She told me after her return, that she had been 
 near Maysville ; she also said after she got into the hack 
 that Fairbank requested her to go with him to assist a run- 
 away match. They appeared to have private chats. Miss 
 Webster requested me to let Fairbank board at my house. 
 They did not take away any trunks from my house ; I did 
 not see any negroes about my house just before she was 
 
46 
 
 TRIAL OF 3IISS WEBSTER. 
 
 arrested ; her room was not opened at all during her ab‘ 
 sence ; the letters were found after her arrest ; I asked 
 her the names of the persons who went to get married, 
 and she said she was not at liberty to tell ; she said when 
 she left, she would be back by 8 or 9 o’clock on Monday 
 morning, and requested me to detain her pupils ; I took 
 the letters from her trunk, but it was not locked, the lid 
 was open. There were two trunks taken away by Mr. 
 Dowdan and others at the same time of her arrest. Be- 
 fore Miss Webster’s return from the ride I opened her door 
 with another key, and myself and daughter went into her 
 room. ( Mark the contradiction.) She did not take walks 
 with Fairbank. 
 
 Mr. Glass — I saw Miss Webster and Fairbank meet 
 and they met as strangers.. He said he wished to talk with 
 her and they went into another room ; I think a bed room ; 
 I do not think it was the sitting-room then but it is now. 
 My wife will know, and if she says it was the sitting-room 
 (hen I will confess that I am mistaken. I never saw Miss 
 Webstar talk with or speak to a slave. 
 
 Mrs. Glass, (introduced by defendant,) states, (he room 
 in which Miss Webster talked with Fairbank was the par- 
 lor, and not a bed-room ; it was the same room in which 
 1 always receive company. 
 
 Parker Craig — Fairbank hired a hack from me on the 
 28th September, on Saturday, and he stated to me that he 
 wanted the hack to go to Maysville ; he said a lady was 
 going in it from Mr. Grass’ ; on Monday Bain and myself 
 went to Paris, and we met the hack a short distance the 
 other side of Paris ; I saw one of the horses in the hack 
 was not mine ; mine I understood from them died, and 
 they promised to pay for him ; when we got to Paris, 1 
 asked Fairbank why he went off with this lady to get mar- 
 
TRIAi OF MISS WEBSTER. 
 
 4T 
 
 ried, and he said he did not, but went off with two others 
 from near Paris ; the horse they had in the hack, they 
 stated came from Washington. 
 
 Patterson Bain — Harriet is the wife of Lewis and I 
 missed her on Sunday; I have not heard from her since; 
 I employed some gentlemen, Mr. McLaughlin and Wood 
 
 A 
 
 to go and look for her. 
 
 B. Wood — I was employed to go to Ohio, and look for 
 the slaves Lewis, Harriet and Jo, and saw nothing of 
 them. I talked with Miss Webster, and she denied know* 
 ing anything about where, they were. 
 
 Postlethwaite — Lewis was living at Mr. Brennan’s at the 
 time he left ; he left on Saturday evening about 7 o’clock ; 
 Brennan hired him by the month, and his time expired 
 the day after he left; the letter now shown to me was 
 brought to the tavern to me ; I did not take it from the 
 office myself. (Said letter now offered by Commonwealth. 
 Long remarks on both sides. Letter rejected.) 
 
 fllegowan--] was present when Fairbank came to jail, 
 and found a letter on his person, to wit: the letter signed 
 “ Frater” &c. I know Fairbank’s hand-writing, for I 
 have seen him write, in jail, and I think this letter is in 
 his hand-writing. (This letter was objected to, and re- 
 jected, after argument. ) Fairbank came in the hack with 
 Miss Webster ; He was taken out and placed in the cell. 
 
 Smith — I delivered a letter to Miss Webster, and think 
 this (Brown’s) is the same ; I got the letter from a young 
 man in Ohio, in a book-store, in Oberlin. (Brown’s letter 
 offered by Commonwealth, and rejected 
 
 Cdons — The letters norv shown to me wer e first placed 
 in my hands by Mrs. Glass, at her house ; I saw Miss 
 Webster, and she admitted the reception of Brown’s letter, 
 and said she intended showing it to Mrs. Glass, but failed ; 
 
48 
 
 TRIAL OF MISS WEBSTER. 
 
 she denied having any thing to do with the escape of the 
 negroes, and also that she knew any thing about it. — 
 (Letters referred to here, rejected. Long remarks from 
 Mr. Pindle, on the side of Commonwealth, in favor of the 
 introduction of said letters. Still rejected ) 
 
 Elden — I saw a negro man take a negrp boy out of a 
 window at Mr. Bains, on the night the negroes left; laid 
 not see any carriage at that time about the place. 
 
 Tlios. Gibbons — The night the negroes were said to have 
 left was an inclement night ; my daughter stepped out and 
 took toll from a carriage that passed through pretty fast; 
 this was about eight or nine o’clock at night; and about 
 eleven o’clock at night, 1 heard another hack pass through 
 very fast, and this hack did not stop to pay toll ; 1 thought 
 the last hack went the fastest. 
 
 Mr. Warnock — Fairbank left two large trunks at the 
 Dudly House some three or four days before he took them 
 away, and said he thought he would come and board there ; 
 the trunks were taken away on Saturday afternoon ; but 
 what hour I don’t recollect. 
 
 John Keiser — I saw Fairbank and Miss Webster at the 
 Lunatic Asylum on Saturday evening about 6 o’clock; I 
 don’t know their object of visit; there was no baggage on 
 the hack ; they stayed about half an hour they knew no 
 one there ; there are about 180 persons there. 
 
 P. Craig — (Called again by Commonwealth ;) I know 
 the track of my hack. I saw the track of the hack at 
 Bain’s and thought it was mine ; my hack is new and the 
 only new one in town ; there are many hacks and carriages 
 in town and also in the country ; the races were that 
 week. 
 
 Jno. Keiser— (Called a second time by Commonwealth.) 
 Had talked with Miss Webster in jail and she said there 
 
TRIAL OF JI1SS WEBSTER. 
 
 49 
 
 were persons got in the hack between this place and Pa. 
 *ris. 
 
 H. B. Franklin — States that he was present in jail when 
 Cunningham was talking with Miss Webster, and heard 
 her say in response to his questions, that three persons got 
 into the hack between this and Paris — a man, woman, and 
 child ; but they were all white persons. She also said she 
 had left about 5 o’clock in the evening, and intended to go 
 to Versailles, but changed her intention upon the request 
 of Fail-bank. She denied that any negroes were in the 
 hack, and said they were all white persons. She also said 
 the hack was driving fast near Mayslick, and Fairbank 
 asked the driver why he was driving so fast? and Israel 
 said he was trying to overtake a buggy just before. 
 
 La daman . — i saw Miss Webster talking with my negro 
 .girl in relation to getting some flowers, and I was called 
 and let her have them. 
 
 Mr. P. .Bam.-(Called a second time by Commonwealth) 
 and said he saw a hack-track near my house on the next 
 morning. It turned near my house, and was tracked, &c. 
 
 Mr. McGinnis . — I recollect selling to Miss Webster, 
 some two weeks before the arrest, letter paper with the 
 likeness of Henry Clay upon it ; but we sold the same to 
 every person that called for it, strangers as well as ac- 
 quaintances. 
 
 Mrs Bain . — The negro woman that left, had two trunks, 
 a small one and a large one ; and these trunks are gone. 
 
 Mr Music . — (Called a second time by Commonwealth) 
 and states that the ferryman’s name was Helm, and the 
 subpoena was executed, &c. 
 
 Smedley — States that Fairbank was at his house some 
 fourteen days before he was arrested, and stayed a short 
 time, from 12 to 3 o’clock in the day, and he started to- 
 E 
 
50 
 
 TBIAL OF MISS WEBSTER. 
 
 ward Maysville, and in a day or so came back on his way 
 toward Lexington. 
 
 Cunningham, (introduced by defendant,) etates that he 
 was talking with Miss Webster soon after her arrest, and 
 Mr. Franklin was also there. She denied that any ne- 
 groes got into the back. She said she knew nothing of 
 their escaping, and if Fairbank was guilty, he had imposed 
 upon her. She also stated that she thought she was go- 
 ing to Versailles, and had been decoyed on by Fairbank, 
 on missions of business in preaching, &c. 
 
 The above is substantially the evidence— a true copy of 
 which is now on file at the Secretary of State’s office at 
 Frankfort, certified to be correct by the the Judge of the 
 Fayette Circuit Court. 
 
 The letter found on the person of Fairbank was again 
 offered and pressed upon the Court, and the same was ob- 
 jected to, but the objection was overruled, and said letter 
 was then read to the Jury. 
 
 The following is a true copy of the “ Frater” letter, 
 found on the person of Fairbank : 
 
 Lexington, Sept. 24, ’44. 
 
 Dear Sir, — I suppose the time has now come, when it 
 becomes necessary for me to call forth all the useful, active 
 faculties of my scanty mind. For a long time, you know’ 
 the relief of some certain human beings has rested upon 
 my mind, and while there, perhaps, none the less on your’s 
 than mine ; yet I now seem to be placed in different rela- 
 tions than then. Then we were all anxious to accomplish 
 certain ends, which seemed would result in much gratifica- 
 tion to one whom we pitied and with w’hom we sympathi- 
 zed, though anticipating, yet not assured of the facts in 
 his case as they are. You well know, that I, before I left, 
 
TRIAL OF MISS WEBSTER. 
 
 51 
 
 expressed some doubt ns to his honesty, inasmuch as the 
 facts stood out so plainly before us — facts plain and palpa. 
 ble of the uncertainty of the state of things as represented 
 by him. I am here, and have been for some time search- 
 ing diligently, leaving nothing undone that should be done, 
 so far as the success in this case might be concerned. 
 
 I have been to Mr. Smith, with whom G. B. said he left 
 money, and obtained his certificate that no money was ev- 
 er left with him —neither knows he aught of any. Gibson 
 said also that he had two hundred and eighty dollars in the 
 hands of his uncle Jack Welch — that I have tried to get, 
 but I find it impossible to get any there, because, in the 
 first place, I dare not say to the old lady, and, in the second 
 place, she knows nothing of it, she says to me ; and in the 
 third place, I cannot see the old man, for he has been 
 dead more than three months ; and in the fourth place, and 
 the wors f , most hopeless, most aggravating, the unkindest 
 cut of all, he never let him have any, in mv’opinion. Not 
 the unkindest cut because I do not find the money, but be. 
 cause he said that I could find it, when he knew full well 
 he lied. 
 
 Now here I am— here is his wife. I have spent my 
 money searching for his and his wife. I am now living 
 upon the money of one Lewis, whom, in consequence of 
 this failure, I intend to fetch with me, likewise his wife 
 and child — a very active man, worth ten of Berry. Now, 
 whether I shall bring his wife, is doubtful. I have no mon- 
 ey : Lewis has not much more than enough to carry him 
 out clear. Although I have agreed upon the place at 
 which to meet her, and at what time, to wit, next Saturday 
 evening at some place, yet, after all, I know not as we 
 shall be able to fetch her out, for these reasons : First, no 
 money — second, Lewis’ wife says she dare not trust to 
 
52 
 
 TRIAL OF MISS WEBSTER. 
 
 such a set of fellows; for one Alfred has learned some-, 
 thing of it, and is not very cautious, and she fears that if 
 she comes away, Cox, the negro-driver, being a very sharp 
 man, will follow, and when we come to take her in, we 
 shall all be taken in. Now, on the one hand, I'see the 
 anxious expectations of you all there — while that misera- 
 ble rat, will be in despair. I look at rny project as failed. 
 
 I look at their disappointment, when perhaps they think I 
 ean make money here, pick it from the trees, or bring her 
 without any money ; and, on the other, I see the hazard, 
 but no money. Now if we fetch her, it will be by jeopar- 
 dizing all our liberties, and perhaps our lives; for if we are- 
 te meet her several miles from this place, and if they fol- 
 low, we shall all be taken. We hate to leave her behind : 
 we hate to be endangered : this is true— you may give up 
 the idea of Berry’s wife ; but I shall bring out three, the 
 father and mother and son, or I am a state prisoner. — 
 There is the darkest cloud I ever saw, rising higher and 
 nearer, while it seems to threaten me at sometimes with 
 utter destruction, and at others seeming quite pleasant and 
 favorable. I look on my future prospects and my duty. I 
 look at the wortl\ of my time and life. I look at its-worih- 
 lesaness if caught ; if killed, much more so. Friend, I 
 shall meet it ! ! Something will be the result next Sabbath ! 
 Seven, yea, five days, and I shall know, and you, as soon 
 as these can reach you. Miss W. will not come away, but 
 will come across the river with us then I shall have to 
 put these on the daily or underground line and send them 
 on, till I go back with Miss W. 
 
 I must go back with her, because the people will sup- 
 pose us to have gone riding, or rather to spend the Sabbath 
 in another place, and it would create suspicion if I were not 
 to return with her- Then I shall have to go to Cincinnati 
 
TIUAL OF MISS WEIiSTER. 
 
 53 > 
 
 after the trunks which we thought best to send that way 
 by the stage, so as to lighten our load. We sent them by 
 Cincinnati, because there is no convenient place else to 
 which the stage goes directly, nor would any other be safe. 
 If I come out clear in this attempt, I shall hinmer son nu as 
 
 soon as I can — t 
 
 Now, Brethren, while I write, I cannot paint on this pa- 
 per the feelings of my heart and the workings of my mind, 
 more than to express in manuscript in the English language 
 what I feel; but you that have had cause to feel in conse- 
 quenee of the dark forebodings that liang over your minds, 
 when intellectually you saw the cloud hanging over you, 
 you know how to tremble with me. I do not tremble be- 
 cause I am conscious of guilt in this ; fori am not. I do 
 not tremble because 1 have not moral courage. I do not 
 tremble because I cannot succeed, if a possibility remains, 
 for I can ; but I do tremble when I see man stand forth in 
 so many bodies and physically defy God and challenge the 
 rescue of a soul from bondage upon the peril of his life. I 
 think of my long conviction of duty and the probability of 
 being deprived the privilege of its execution, which would 
 shut me out from my earthly 'pleasure by exposing myself 
 to the barbarous laws of this State, or the “Lynch law,” 
 which might pierce my heart with a leaden bullet and pros ■ 
 trate me in death. Either would probably shut me out 
 from society on earth for ten years, but the latter forever. 
 Sweet as life is, I wish not to expose myself to death, when 
 the undertaking for which I expose myself is less of value 
 than my own life ; and if they be more, I shall not be jus- 
 tified in undertaking without the probability of escape. I 
 finally reduced it to this proposition : It is my duty, not 
 forbidden me, to undertake, when the probabilities of suc- 
 cess and worth of the enterprize will not overbalance the 
 E* 
 
i»4 
 
 FEIAL of kiss webstee. 
 
 value of me, or when the probabilities of success- and val- 
 ue of the enterprize will not outnumber the worth of my- 
 self. I have been cautious in this matter. I am taking 
 up my board with the same family with whom Miss YY. 
 boards, and in whose house she teaches ; no such appre- 
 hensions have as yet been entertained of me or her. I 
 have been taken up twice, but not here — once by a slave- 
 driver when I was making some discoveries, but I pulled 
 the wool over his eyes without telling a lie ; and once at 
 Ripley, by the Abolitionists, who suspected me as a spy 
 from Kentucky. Some wild fellows were going to egg me, 
 
 but were prevented by the but they will help 
 
 me when they see me come with the trophies of victory ; 
 so they say. I partially convinced them of my honesty.— 
 So, farewll, brother. 
 
 Your brother in Christ, and in this cause, 
 
 “FRATER.” 
 
 The fourth day, till late in the evening, was consumed 
 with the pleas, which were very able and eloquent on both 
 sides, and listened to with much interest and decorum by 
 Judge, Jury and citizens. 
 
 Samuel Shy, Esq., opened the argument with an ad- 
 dress, deep, impressive, and full of feeling. Madison C. 
 Johnson, Esq., whose powers of mind are of no common 
 order, made the second, profound, disinterested and noble 
 plea for defendant, followed by A. H. Robertson, Esq., 
 whose eloquent appeal for the Commonwealth, would do 
 credit to the greatest talents. Gen. Leslie Combs next ad- 
 dressed the Jury. His character as a true patriot and phi- 
 lanthropist is too well known to need comment. The na- 
 tural dictates of his superior mind — the generous effusions 
 of his warm heart, aided by the solemnity of the twilight. 
 Sour, seemed to open the channel of feeling, and brought 
 
TRIAL OF MISS •WEBSTER- 
 
 55 
 
 tears from the eyes of many of his auditors. The exerci- 
 ses of the day closed with a glowing speech from Richard 
 Pindell, Esq., who contended so ably for Kentucky, that I 
 could hardly suppress the rising wish that he, too, had been 
 employed for defendant. Mr. Pindell is a gentleman of 
 influence, and well skilled inlaw; and all present, must 
 have seen the power of his oratory over the Judge and Ju- 
 ry. His every breath seemed to inspire them with his own 
 sedulous care for the safety of the Commonwealth. 
 
 The case was now given to the Jury, who retired, taking 
 the “ Frater ’ letter with them, which letter the Court ex- 
 pressly instructed them they were to pay no attention to, 
 unless they should previously decide from the testimony of 
 witnesses, that there was a conspiracy between Miss Web- 
 ster and Fairbank ; as there was no law which would per- 
 init a letter found on the person of Fairbank, and supposed 
 to be written by him to a third person, to be introduced as 
 evidence against me, unless it could be shown that I had 
 dictated or sanctioned said letter. The Jury now retired, 
 but soon returned, requesting a longer time for delibera- 
 tion. And the Court adjourned till 9 or 10 o’clock the next 
 day; when the Jury, after having remained together all 
 night, returned, with the question, “ whether they could 
 render a verdict, when the time specifying the offence 
 in the indictment, was some eight or nine days prior to 
 the commission of the felony?” This point was ruled 
 against me; and the Jury once more retired. Before long 
 they returned with a verdict of “ guiltv”— fixing my time 
 at two years in the Penitentiary ; at the same time pre- 
 senting me a letter written in the Jury-room, and signed 
 by the twelve Jurors, addressed to His Excellency William 
 Owslv, praying him to interpose his executive power in 
 
56 
 
 TRIAL OF MISS WEBSTER 
 
 my behalf, and grant an immediate pardon, before the sen. 
 tence should be pronounced.* 
 
 I of course was not pleased with the verdict, as may be 
 seen by the following extract from a letter to one of my 
 attorneys : 
 
 “ The more I dwell upon that inhuman and unjust ver- 
 dict, the more unreconciled I am. You well know before 
 my trial, I had no concern. 1 was opposed, to giving bail, 
 and anxious to await the extreme justice of the law. I felt 
 sure that I could bear anything that a Jury of twelve re- 
 spectable Kentuckians could bring against me. I was anx- 
 ious to hasten the trial, and felt perfectly w'illing to throw 
 myself into their hands, fearless of the issue. But alas f 
 how am I deceived ! I was so sanguine, so confident of an 
 acquittal, that I find I was wholly unprepared for the hor- 
 rors of their cruel verdict. I will not attempt to clothe in 
 language, my agony of soul. It mocks description. Had 
 it fallen like a death-knell on my ear, I could have borne 
 it. But no ! It was the knell of departed Liberty. Strong 
 and varied emotions conspire to swell my heart with grief 
 and indignation. I have tried in vain to compose my feel- 
 ings. Perhaps you will say I ought to be more resigned to 
 my lot; but, sir, if I ought, I am not. I find from bitter 
 
 * I, Benajah Webster, father of Delia A. Webster, do hereby state, 
 that during the trial of my daughter, the Jurymen who were trying the 
 case, or the principal portion of them, boarded at the Megowan Ho* 
 tel, where l was myself boarding at the time. And that during the 
 pendency of the trial, and even after the ease was given them, they 
 were in the house mixing with the company indiscriminately, as far as 
 I could discover, and took their meals at the public tables as other 
 boarders did ; there being about one hundred regular boarders in the 
 bouse. This, to me, appeared the more extraordinary, contrasted with 
 the strictness of law and usage of Courts in my own State, even whea 
 mere property questions are litigated. The public will judge of the 
 ground for alarm I felt at this, to me, unheard-of procedure. 
 
 B. WEBSTER. 
 
 Kerrisburgh, Addison Co. Vt., April 9, 1845. 
 
TRIAL OF KISS WEBSTER. 
 
 57 
 
 experience, it is much easier to talk about resignation, than 
 at all times to possess that meek and submissive spirit. 
 
 “Did I believe (as perhaps many do) that it was an un- 
 changing decree of an Overruling Providence, — the good 
 will and pleasure of a Gracious God, that I should be ban- 
 ished from the world — discarded from human society, 
 thrown among fiends (fit residents only for the regions of 
 darkness) and my name consigned to endless infamy, — if 
 1 believed this, though I might not feel resigned , I at least 
 would not complaii. But, sir, I believe no such thing. 1 
 cannot think a just God, who knows my heart — who pene- 
 trates the inmost recesses of my soul, and reads all my 
 thoughts, — who scans, with an impartial eye, the minutest 
 actions of my life, and notices even the fall of a sparrow, 
 can look unmoved upon these proceedings. I believe Die 
 frown is upon this verdict. 
 
 ‘‘ For three long months I have been confined in jail to 
 await, not the justice of the law, but a sentence to the pen- 
 itentiary, — not to be proven guilty, and convicted upon ev- 
 idence, but to be tossed about upon the prejudices of an ex- 
 cited community and misguided Commonwealth. * * * 
 
 “ Now, sir, has all been done that can be done ? Must I 
 be driven to that last, most mortifying resort of all, to ask 
 a pardon of the Governor for an offence which I never 
 committed? I owe my warmest thanks to that highly re- 
 spected jury for their own voluntary appeal to his Excel- 
 lency in my behalf ; but is this the only alternative ? And 
 are you willing to admit that our laws are so defective that 
 while they punish the guilty they have not the power to 
 acquit the innocent ? But enough. You ask if I am recon- 
 ciled ? I answer, iVo ! but the verdict is rendered, and 
 with the most implicit confidence I throw myself into the 
 hands of my Counsel, nor shall a murmur escape my lips. 
 
50 
 
 TRIAL Oy MISS WEBSTZR. 
 
 Cease to do, or continue to act, as you shall deem most fit 
 at this awful crisis. But whatever course your judgment 
 dictates, remember you are engaged in a worthy cause. — 
 You are defending one who aims to regulate her whole con- 
 duct, — her heart — her affections — and her sympathies, by 
 the laws of God and humanity, — and who has never viola* 
 ted the laws of her country. 
 
 “ With the highest respect, 
 
 “Your afflicted Client. 1 * 
 
 Having been tried on only one indictment, I thought it 
 would be hard indeed, after spending two years in the pen- 
 itentiary, to be brought out then, and tried on the other in* 
 dictmenfs, at which time my witnesses might be in foreign 
 lands, if not in the world of spirits. I therefore determin* 
 ed to move for a new trial ; for I had no idea of petitioning 
 for a pardon, and was strongly opposed to the letter of the 
 Jury being sent to the Governor. But my father and my 
 Counsel thought it more advisable to forward the letter of 
 the Jurors to his Excellency, together with the evidence, 
 and desire him to examine the law on some controverted 
 points, particularly in reference to the introduction of the 
 “ Prater” letter. I at last yielded ; and, after much per- 
 suasion, consented to enclose my petition with the testi- 
 mony, together with letters from my Counsel, the Jury, 
 Hon. Henry Clay, and Doct. Fishback, praying an imme- 
 diate pardon. Some few other letters in reference to char- 
 acter, &c., from Gov. Slade and Hon. Samuel S. Phelps, 
 were also taken to his Excellency. This work is quite too 
 limited to admit of giving the letters of all these gentle- 
 men, and 1 will only append my own, of which the fol* 
 lowing is a copy, verbatim • 
 
TRIAL OF MISS W2BSTER, 
 
 59 
 
 To His Excellency, William Owsley, 
 
 Governor of the Slate of Kentucky : 
 
 Your petitioner, Delia A. Webster, would represent, that 
 she has been indicted in the County of Fayette, for aiding 
 negroes to escape to Ohio, and has been tried and found 
 guilty ; and her punishment fixed at two years in the pen- 
 itentiary of your State. Although it is humiliating an-d 
 mortifying in the highest degree to the feelings of your 
 petitioner to have such a verdict rendered against her, and 
 much more so for her to be compelled to ask a pardon, 
 for an offence of which she is not guilty, yet not withstand- 
 ing her feelings revolt in asking a pardon, she supposes 
 she must, from necessity, ask it. Therefore, will you look 
 at the evidence in her case, and extend to her such clem- 
 ency as her case will justify, and her condition and sex 
 merit. Let your petitioner add that she is not guilty of the 
 crime imputed to her, yet if still she is to be condemned, 
 she has a clear and easy conscience. 
 
 DELIA A. WEBSTER. 
 
 The same morning, a remonstranne was taken to him, 
 signed by one hundred and twenty citizens. The follow- 
 ing is a copy : 
 
 “ REMONSTRANCE. 
 
 “ We, the undersigned, citizens of Fayette County, hav«> 
 ing learned that an application has been made to the Gov- 
 ernor to pardon Delia A. Webster, lately convicted on a 
 charge of having aided slaves to escape to Ohio, beg leave 
 respectfully to remonstrate against a pardon ; and hereby 
 express to the Governor our conviction that the law should 
 be permitted, in this case, to take its regular course.” 
 
 Whether the Governor expressed any particular reason 
 for withholding a pardon, I have never learned ; but he is 
 
*60 
 
 TRIAL GF MISS WEBSTER. 
 
 a very discreet and prudent man, and I suppose thought it 
 would neither be safe or judicious to act hastily on a sub' 
 ject that was said to be of so great importance to the best 
 interests of the Commonwealth— particularly in a time of 
 unparalleled public excitement. I was informed that he 
 •refused to examine the law points on the admissibility of 
 evidence, lest he should be thought interfering with the ju- 
 diciary. 
 
 It was now time to move for a new trial ; and my Coun- 
 sel sent for the affidavits of competent witnesses, some of 
 •which, together with my own, I now lay before the public. 
 
 GROUNDS FOR A NEW TRIAL. 
 
 Commonwealth vs . D. A. Webster. 
 
 The Defendant asks for a New Trial on the following 
 grounds, to wit : 
 
 1st. Surprise, as set forth in Affidavit. 
 
 2d. The Verdict is contrary to Law and Evidence. 
 
 3d. The discovery of new and important Testimony. 
 
 4th. The Court misinstructed the Jury. 
 
 5th. The Court permitted improper Evidence to go to 
 4ho Jury. COMBS & SHY, &c., for Deft. 
 
 A true copy. Attest, THO. S. REDD. 
 
 Delia A. Weister affirms that she desired her Counsel to 
 introduce Calvin Fairbank as a witness in her behalf, and 
 her Counsel refused on the ground that said Fairbank might 
 possibly deny writing the letter found upon his person ; and 
 he said if he did deny it, then it would cause the introduc- 
 tion of various witnesses tending to show that he did write 
 it $ and then the case of your affiant would be made more 
 desperate than what it was. She thought, and always be- 
 
TRIAL OF MISS WEBSTER. 
 
 81 
 
 neved, (hut Fairbank was not the real author ot (he letter ; 
 and if he was the author of if, she wished him to explain 
 how it was and why it was he had used the initial of the 
 name of your affiant in said letter, as it was used. It 
 was used without her knowledge, and the author of it 
 will be compelled to swear it, let him be who he may. — 
 True she never believed Fairbank was the author of it, yet 
 if he was, she knows he can explain it, and that explanation 
 she wants upon her trial ; whichv.itl be that she knew 
 nothing about it. She can also prove Ly John Mi chell, 
 James Marvin, and Joseph B. Stayton, the facts asset 
 forth in their respective affidavits, and all of which she con- 
 siders of importance in her case. These persons reside in 
 Ohio, but she understands from her father they are willing 
 to come and testify. ‘When she came to Court for trial, 
 she inquired of Sami. Shy, her Counsel, if the ferryman was 
 in attendance, and he answered he was not- She then told 
 h'm the ferryman ought to be here, for she verily believed 
 (notwithstanding the rumors she*had heard that he had said 
 he would go two hundred miles to witness against her, and 
 that she herself got out of the hack at the ferry, and offered 
 $5,00 to betaken across, &c. &c.) notwithstanding these 
 reports, she felt quite confident that he would testify, if 
 here, to (he facts as they really existed. Mr. Shy replied, 
 that he understood the ferryman was expected to arrive du- 
 ring the trial, and she then went to trial, and he never 
 came. The witness John Mitchell she did not know of 
 until his affidavit was procured, although she knew the 
 tacts exist as stated by him and she expected to prove sub- 
 stantially the same by the ferryman. She intends to use 
 Fairbank as a witness and the above facts when sworn to 
 by said witnesses will give force and effect to the evi- 
 dence of Fairbank. She also states that she lay sick 
 F 
 
 I 
 
62 
 
 TEIAL OF HISS WEBSTEH. 
 
 in bed daring a great part of her confinem cnt, and thought 
 it very doubtful whether she would live to see the 
 day of her trial and during that time she made no disclo. 
 sures to her Counsel of the facts in her case, and it was not 
 until some few days before her trial, that she told him 
 much in relation to it. It was then too late to solicit wit- 
 nesses to come from Ohio and sho could not at the time 
 conceive of their importance tho’ she sees the importance 
 of them now. She always told her Counsel that she was 
 ready for trial and when she saw him hesitate, she thought 
 it strange and said she could not comprehend how in any 
 way she could be in danger for she knew no one could pos- 
 sibly be procured who would swear that any negroes went 
 in the hack with her or that she knew anything about them 
 or was in any way or manner implicated in their escape 
 unless they swore falsely. She said our laws did not re- 
 quire the innocent to suffer, and conscious of innocence she 
 could not conceive it possible when regularly tried to he 
 found guilty. ’Tis true she had often heard of the innocent 
 being punished while the guilty went free, but she did not 
 know that it was according to law. And thus she went to 
 trial without any witnessess and without knowing what 
 would be proved against her. She states that there was 
 no examining Court in her case, hut that she was lodged 
 in Jail and then secretly indicted by the Grand Jury and 
 she thus she had no means ofjudging what evidence would 
 be introduced against her and could not of course tell the 
 importance of the evidence she now wishes to introduce. 
 It is proper here to remark that she had never seen or read 
 the Indictments against her hut she did see and read a 
 copy of the first set offjindictments and her Attorney told 
 her the last were much like the first except she was indict- 
 ed as Principal, and these Indictments were the only means 
 
TRIAL of MISS WEBSTER, 
 
 63 
 
 she had of judging what the Commonwealth wished to 
 prove, which so far as touched the acts of your affiant she 
 felt confident could not be proved and they were not. Cut 
 a variety of circumstances were, and now she, for the first 
 time sees the importance of explaining said circumstantial 
 evidence. She conceives that the conversations which 
 were used against her were not obtained from her Fairly, 
 and they were obtained from her in consequence of her 
 ignorance. Wheu first arrested, she was laboring under 
 the belief that she was bound to answer all questions that 
 were asked her, and for a few days, she thus answered free- 
 ly, and did not know better, until Judge Davis very kindly 
 informed her she was not bound to answer any question. 
 She then saw the error she had got into, and the danger 
 she was in ; some of which conversations she is sorry to 
 say, have been misconceived to her injury. She is also 
 sorry to say that the law permitted so many persons to come 
 and question her out of mere curosity. 
 
 The prisoner she conceives ought to have been protected 
 from those unnecessary visitors ; and if she had been, she 
 feels quite certain the verdict of the Jury would have been 
 otherwise. 
 
 She conceives that under all these circumstances she 
 has not had a fair chance for her liberty ; and therefore 
 in a most humble manner asks for a new trial. She does 
 not intend by this affidavit to reflect in the least degree 
 upon the Jailer ; but she regrets, that he did not stop those 
 crowds of persons who came without business to hear 
 what they co^ild hear and misconstrue when they came to 
 testify. All this can be remedied by a new trial at which 
 vour affiant can take the onus probandi and shew her in- 
 nocence. 
 
 The hack also stopped at Millersburg, and the tavern 
 
04 
 
 TBIAL 02? MX3S WEBSTER. 
 
 keeper there invited the persons within to get out, and she 
 wishes to have him examined, for she recollects he brought 
 to the carriage a pitcher of water, and she is inclined to 
 the belief he can state some facts of importance to her. 
 She also wishes to examine a toll-gate keeper this side 
 Blue Licks, who demanded double toll of her hack on its 
 return, and when explained to him to whom toll was paid 
 by said hack as it passed toward Maysville, he then recol- 
 lected the payment, and said there was another carriage 
 that passed through rapidly without paying toll on Satur- 
 day night 28th Sept. 1844. Bis name she does not know 
 but it can be easily be procured. She also wishes to exam- 
 ine a toll-gate keeper this side of Washington, who stated 
 on her return the facts of the negroes having made their 
 escape, and he also had a handbill, as well as she can recol- 
 lect ; and he said the negroes took to the dirt road that led 
 to the Ohio River left of Washington. She states that her 
 Father is here, and will aid her in getting the above wit- 
 nesses, and others that he may find important to her in 
 Ohio ; and with his influence and means can get them to 
 attend Court in March. She states that she did not get 
 the affidavits of the tavern-keeper at Millersburg, and the 
 toll-gate keepers alluded to in this affidavit, and also of 
 some of the persons on the other side of the Ohio River 
 near Aberdeen for the reasons a3 follows. Her father went 
 in the stage to Maysville, and could not conveniently stop 
 at the various places ; and when he got on the other side 
 of the river, he took the wrong road, and thus missed the 
 place where they changed horses ; and she has not had time 
 to procure any of them since his return, which was on 
 Wednesday night last. She would also state that she was 
 surprised in the Court permitting the letter found upon the 
 person of Fairbank to go to the Jury as evidence against 
 
TRIAL OF MISS WEBSTER. 
 
 65 
 
 her ; for she inquired of Sam’l Shy a few days before her 
 trial if said letter could bo used against her, and he said 
 he thought not unless the Commonwealth could prove that 
 your affiant knows something about it, and had sanctioned 
 it in some way, which she knew could not be done, for the 
 first time she knew anything about said letter or its con- 
 tents, was when said Sam’l Shy read a copy of the same to 
 your affiant. 
 
 Affirmed by DELIA A. WEBSTER. 
 
 Fayette Circuit Court, Jan. 4th, 1845. 
 
 Samuel Shy states that the affidavit of Miss Webster so 
 far as it speaks of facts in relation to himeelf is set forth 
 correctly. He saw Fairbank after he was appointed his 
 Attorney, and learned from him for the first time a satis, 
 factory explanation in relation to the Utter found upon his 
 person ; and he then saw the importance of his evidence 
 in the case of Miss Webster. This was on Saturday and 
 Sunday next, just after the trial of Miss Webster, and Fair- 
 bank said he was willing to testify. 
 
 Sworn to by Samuel Shy. 
 
 TO OS. S. REDD, Clerk. 
 
 A true copy. Attest. Thos. S. Redd, Clerk. 
 
 Fayette County Court, January 4th, 1845. 
 
 Aberdeen, December 31st., 1845. 
 
 I James Marvin of lawful age do testify and say that I 
 am running a ferry-boat across the Ohio River from Aber- 
 deen to Maysville for James Helm, and have been for sev- 
 eral years ; and that sometime, as I believe, in the month 
 of September last, near the 20th, and, I think at any rate 
 it was on the Sabbath day, I ferried a hack drawn by two 
 horses across the river, for a man that I afterwards learned 
 to be a Mr. Fairbank, who, 1 understand was arrested and 
 F* 
 
66 
 
 TKIAL OF MISS WEBSTER. 
 
 committed for conveying negroes from Lexington to Ohio. 
 I noticed the hack and looked into it, and saw no persons 
 therein but white persons, nor abou t the carriage but while 
 persons, except the driver, and he was a colored man ; and 
 as to to tne lime of the day I think it was between 10 and 
 12 o’clock. 
 
 JAMES MARVIN. 
 
 Sworn and subscribed to on the 31st December 3 844, 
 before me, Thomas Shelton, one of the Justices of the 
 Peace in and for the County of Brown and State of Ohio. 
 
 A true copy. Attest. THOS. S. REDD, Clerk. 
 
 Aberdeen, December 31st, 1844. 
 
 I, Joseph Station, of lawful age do testify and say that 
 I am running a ferry boat across the river from Aberdeen 
 to Maysville for Mr. Helm, and have been the whole of 
 the season past; and that sometime in the month of Sep' 
 tember last (I think near the 20th, but at any rate on the 
 Sabbath day,) I carried a hack drawn by two horses across 
 the river for a man that I afterward learned to be a Mr. 
 Fairbank, who I understood was arrested and commitled 
 for conveying negroes from Lexington to Ohio. I noticed 
 the hack and saw no persons therein but white persons, nor 
 about the carriage but the driver, and he was black. The 
 door was open and one man got out as soon as the hack 
 came on board ; and did not get in until we had got across 
 the river. 
 
 JOSEPH H. STAYTON. 
 
 Sworn and subscribed to before mo this 31st day of De? 
 cember, 1844. Thos, Shlton. 
 
 One of the Justices of tho Peace for Brown Co., Ohio. 
 
 A true Copy. 
 
 Attest. THOS,. S. REDD, Clerk. 
 
TRIAL OF MISS WEBSTER. 
 
 67 
 
 State of Ohio, 
 
 Brown County, 
 
 Before me one of the Justices of the Peace in and for 
 the County aforesaid personally came John Mitchell of 
 lawful age who being first duly sworn according to law, 
 deposeth and saith, 
 
 That, as near as he can recollect, on a Sabbath day last 
 September, somewhere on or near the 20th of the month, 
 I crossed on. the ferry boat at the same time a certain 
 carriage crossed drawn by two horses ; and as soon as 
 the carriage came on the boat on the Kentucky side the 
 door of the carriage was opened and stood open some time, 
 and a man got out the door ; and that he saw no person of 
 color but the driver. And this deponent further saith he 
 thinks there were two trunks on the hind part of the car- 
 riage, and thinks on one of the trunks there were three let- 
 ters ; and also states it was a cool morning, and the man 
 walked up to the top of the bank, and then got in the car- 
 riage, and further this deponent saith not. 
 
 JOHN MITCHELL. 
 
 Sworn and subscribed to before me this 31st of Dec. 1844 
 
 Thomas Shelton, J. P. 
 
 A Copy, Attest, THOS. S, REDD. 
 
 EXTRACT FROM THE SECOND AFFIDAVIT OF 
 CALVIN FAIRBANK. 
 
 “Calvin Fairbank states upon oath that on the 28th day 
 of Sept. 1844, he procured, and hired a hack from Parker 
 Craig, and just before 5 o’clock on the afternoon of that 
 day. Miss Delia A. Webster and himself got into said hack 
 at the residence of Mr. Glass went to the “Dudley House,” 
 took on two trunks and then proceeded to the Lunatic 
 Asylum ; after which we returned to the city, and thence 
 went on the pike leading. to Maysville. 
 
68 
 
 TRIAL OF MISS WEBSTER. 
 
 ‘■Some week or ten days previous to this trip, I spoke to 
 Miss Webster in relation to it, but she then declined going, 
 saying it was not consistent for her to leave her school. 
 There was some talk both before and after this about a 
 trip to Versailles, and we expected to go there, and also 
 expected some other members of the family would accom- 
 pany us ; but when the appointed day arrived, it being 
 unpleasant, others relinquished the idea of going, and Miss 
 W. herself was about dissenting, when, being encouraged 
 by the family, as the hack was already hired, she reluc- 
 tantly set out. Immediately on getting into the hack, I 
 proposed to her as we had been disappointed in our com- 
 pany to Versailles, that we should defer that trip to ano- 
 ther day, and go a part, if not all the w T ay to Maysville, as 
 I had some business with members of the Conference living 
 in that direction, &c. &c. She at first did not seem in- 
 clined, but after a moment’s hesitatation said, she could 
 not consent to go all of the way, lest she would not be able 
 to return by nine on Monday morning, but she would go 
 as far as consistent. I did not oblige her to go against her 
 own will. She yielded her wishes to mine, and appeared 
 cheerful in giving her assent, though I knew it w-as with a 
 good degree of reluctance. She insisted on returning by 
 nine o’clock on Monday morning, and I admit that it was 
 wrong in me, to take her so far that she could not possibly 
 get back to meet her engagements. 
 
 ‘‘She seemed somewhat disaffected, — expressed regret 
 at leaving home, and manifested much impatience to return; 
 and if I recollect right, she two or three times spoke of re- 
 timing in the stage. And I do know, to a positive certainty, 
 that MissWebster is innocent of aiding and assisting Lewis, 
 wife and child to escape.” 
 
 Sworn to by Cx\LVlN FAIRBANKS. 
 Attest, THOS. S. REDD, Clerk. 
 Fayette Circuit Court, Dec. ^3, 1844. 
 
TRIAL OF MISS WEBSTER. 
 
 69 
 
 As tending to corroborate several facts mentioned in the 
 course of my narrative, I here append'an extract from the 
 first Affidavit of Mr. Fairbank praying a continuance of 
 his case ; which of course was not read on my motion for 
 a new trial. 
 
 FIRST AFFIDAVIT OF CALVIN' FAIRBANK. 
 
 I can prove as I verily believe by the Tavern Keeper 
 at Millersburg, Ky. whose name I think is Halloway, that 
 I got out of the hack at Millersburg, and said Tavern 
 Keeper stepped up to the carriage and spoke to the persons 
 within and asked them if they would not get out, and en- 
 tered into a short conversation with them, and 1 have 
 reason to believe he will state them all lobe white persona 
 as I verily believe he saw them, and I verily believe he 
 opened the doors of the hack ; I verily believe that tho 
 ferryman at Mavsville will also prove that all the persona 
 in the hack were w'hite. I also state that my confine- 
 ment in the jail has been hard in the extreme, and that 
 many’persons were permitted promiscuously to visit me, 
 and to question and torment me, and those conversations 
 will be," 1 fear used against me, many of which I have no 
 doubt will be misrepresented, and especially in relation to 
 a letter found on my person at the time of my arrest. 
 Many of said conversations were also had witli me by' 
 threats of beating or mistreating me in some way, and 
 some of said persons threatened my life unless I told all 
 I knew ; and to appease those persons I have indulged in 
 various suppositions in relation to the manner in which the 
 slaves made their escape and I am informed that they 
 have construed such suppositions so as to say I admitted 
 the negroes went in the hack with me, which is not the 
 fact. I also state that I have been for the 4 most of the 
 
 r 
 
70 
 
 TRIAL OP MI3S WBBST£H. 
 
 time of my confinement without friends or council to ad- 
 vise with me and aid me to get ready for trial. But 1 am 
 now able to state to the Court, that I have now counsel 
 (by the assistance of the Court) in whom I can confide 
 with perfect confidence, and to one of them I have com- 
 municated all the facts in relation to my case, as well as 
 the facts against me as far as I know, also those in my 
 favor, and he answers me that I cannot go to trial safely 
 at this time, and I am truly sorry for it. For I would 
 infinitely rather go to the Penitentiary and work, than to 
 remain in confinement, as I am, and have been. I was 
 not permitted to write to any person without inspection of 
 the jailor and this has operated against me. For I did not 
 wish the jailor or any one else, save my counsel, to know 
 my witnesses and the facts they could prove, for fear some- 
 thing might be done to keep them away. I was informed 
 that one friend came to assist me and he had to step off 
 with quick speed, and I have not heard of him since, and 
 fear never will, as I understand his life was threatened. 
 My information on this subject may be false. I hope it is. 
 I wish a fair trial and nothing more. 
 
 I ask the continuance also on the ground to explain the 
 letter found upon my person, for if a jury can convict Miss 
 Delia A. Webster on that letter, who I know to be innocent 
 of the charge, what would they do with me, and I verily 
 believe I can find some one who can give some explanation 
 in relation to the same, if time is given. 
 
 Sworn to by Calvin Fairbaxk. 
 
 Attest, THOS S. REDD, Clerk. 
 
 I here insert a few remarks which should have come in 
 immediately after the remonstrance, but which were omit- 
 ted through mistake : 
 
TRIAL OF MISS WEBSTER. 
 
 71 
 
 Inasmuch as there was no legal evidence against me, 
 and as I had plready suffered some months close confine- 
 ment in jail, besides being obliged to submit to the abom- 
 inable mistakes of witnesses ; such as Keizer, that I knew 
 no one at the Asylum, — Mrs. Glass, that I requested her 
 to let Fairbank board with her, — appeared to have private 
 chats, &c., and Mr. Franklin, who stated that he heard 
 me say to Mr. Cunningham that three persons got into 
 tire hack, all of which testimony is utterly false, and the 
 latter of which, my readers doubtless saw, was disproved by 
 Mr. Cunningham himself. I say with all these things un- 
 der consideration, together with some smaller mistakes of 
 witnesses, it seemed hard indeed, that rny short letter to 
 Gov. Owsley, in which, I only asked for justice, not for 
 eroj, should call forth such strong remoDsrance from 
 one hundred and twenty citizens, most of whom were 
 highly respectable, I had almost said Kentucky’s noblest 
 characters. Indeed it was admitted by friends and foes, 
 that my case was tried more severely than had I been 
 guilty of cold-blooded murder. I think there are none so 
 lost to humanity, who will not on a moments reflection 
 admit that this feature of Kentucky law, is truly exorbi. 
 tant. Indeed Kentuckians themselves think so. For 
 murderers, against whom there exists the most positive 
 proof, — thieves of the deepest die, — and the veriest cul. 
 prits upon earth, have at all times been permitted to ask 
 the extension of this law, and in no instance did I ever 
 hear of a remonstrance against mercy. This fact tends 
 to show that Kentuckians are not void of feeling except 
 when under the influence of prejudice and powerful excite- 
 ment. Then, as it is too often the case with others, act 
 from the impulse of the moment. 
 
 I felt wounded at this uncommon procedure, but did not 
 
STilAL OF MISS WEBSTER. 
 
 dispond ; for f knew that I should never be satisfied unless 
 I established my innocence. And this could more easily 
 be done to the satisfaction of (he people, in being acquit- 
 ted by a jury on a new trial than in any other wav. It 
 will be recollected that this motion was contemplafed im- 
 mediately after verdict was rendered. I now understood 
 for the first time what the Commonwealth wished to prove 
 against mej and I knew to an infallible certainty that if 
 my motion w as heard, I could prove my innocence. My 
 Counsel lost no time in procuring the foregoing affidavits, 
 and not a doubt was entertained by any of them but a new 
 trial would most unhesitatingly be granted. They said the 
 reasoning and arguments urged in my own affidavits were 
 strong and conclusive, and could not fail to secure mo 
 another trial together with the corresponding affidavits of 
 others. 
 
 Three o’clock, P. M. Jan. 4, 1S45, was the hour ap. 
 pointed to make this important motion, on which so much 
 was pending. I looked forward with lively interest and a 
 pleasant anticipation to this evenlful hour, and at n : ne o’- 
 clock, A. M. despatched a leller to my mother, inform- 
 ing her of my happy frame of mind under (he brightning 
 prospects. Mr. Shy also wro^e to my mother, and Gen. 
 Combs despatched a letter to Hon. Sam’l Phelps in Wash- 
 ington, informing him of the encouragement we all felt in 
 the prospect of a new trial, &c. When the time arrived, 
 
 I hastened will) a light heart to the Court house, believing 
 it would be the happiest hour I had experienced for months. 
 Nor have I a doubt but the Judge intended granting my 
 request, until an awful threat grated on his own ear. Some 
 of my enemies boldly declared they would mob and lynch 
 the Judge himself, if he suffered me to have another trial ; 
 and at the very moment, when I was looking for the real- 
 ization of my hopes, I was ordered to rise and receive mv 
 
TRIAL OF MISS WEBSTER. 
 
 73 
 
 sentence which was two years confinement at hard labor 
 in the Penitentiary of Kentucky. 
 
 My Counsel, shocked and disappointed at the refusal 
 from the Court for a new trial, and unwilling to abandon 
 my case, determined to procure from the Governor a res- 
 pite of this sentence in order to secure a trial on the re- 
 maining Indictments, which the Commonwealth refused 
 to dismiss. To prove myself innocent of the charges in 
 those Indictments, my Counsel knew to be an easy matter, 
 which were precisely of the same character as that on 
 which I had been convicted ; and immediately wrote to 
 Gov. Owsly, with full confidence that I would establish 
 my innocence, and escape the Penitentiary. 
 
 The letter asking a respit of the sentence, had been ta- 
 ken to Frankfort by a messenger despatched for that pur- 
 pose; but word came up that the Governor had not seen 
 them, and that they were expecting me down on Thurs- 
 day. This was the day Mr. Sloan had appointed to go 
 down with me ; but my Counsel, thinking it important to 
 see the Governor and make some arrangments in refer- 
 ence to a respite before I went down, inquired of Mr. Sloan, 
 if he must necessarily go on Thursday ; and learning that 
 two or three days would make no particular difference with 
 his arrangments, Mr. Shy took the cars that left before 
 light, on Friday, not expecting me until the next day, 
 when he felt confident that a respite would be granted 
 agreeably to my wishes; and thus I would be prevented 
 entering the Penitentiary, and secure a trial on the other 
 indictments while the evidence was on hand, so important 
 to my case. 
 
 I leave the reader to judge my disappointment, when I 
 was informed by Mr. Sloan, that I was to go down in the 
 
 2 o’clock train, on Friday. Still I had a hope that a res- 
 G 
 
74 
 
 TRIAL OF MISS WEBSTER. 
 
 pite would be in readiness, and that some friend would be 
 looking for my arrival. 
 
 At Midway, I met Gen. Combs, on his return from 
 Frankfort, who was much surprised to see me, and said 
 they had received word in Frankfort, that I was net com- 
 ing down until Saturday. Still I hoped for the best, I 
 could not think I was about to enter that living tomb ; 
 where, in addition to all other grievances, I should be in 
 the care of such a hostile keeper as Capt. Newton Craiir, 
 had been represented to be. 
 
 I learned also that Mrs. Craig was own cousin to Mr. 
 Megovvan, the jailor in Lexington ; and Capt. Craig, was 
 cousin to my most vigilant enemy, Parker Craig, who had 
 done me so much injury through Fayette County. 
 
 Nor was this all, — Capt. Craig’s w’ife is own sister to 
 this same Parker Craig; and to say nothing of the Cap- 
 tain’s feelings toward Abolitionists in general, and the 
 thousands of dollars he has expended in consequence of 
 their invasions, he was an openly avowed enemy of “ Ne- 
 gro stealing” as Kentuckians call it, and indulged the 
 most inveterate haired towards all guilty of such offences; 
 and this was the very crime with which I was charged ; 
 and I had every reason to believe his mind was poisoned 
 with the numerous calumnies that by this time filled all 
 Kentucky. Of course, it is not surprising that 1 clung td 
 the hope of deliverance to the last moment. And when 
 that hope was torn from my grasp, who can paint the aw- 
 ful forebodings that shrouded my mind ? It was tw’ilight 
 when the cars reached Frankfort. They stopped within 
 a few rods of the Penitentiary, and'as I was passing along 
 the sidewalk, expecting every moment to meet Mr. Shy, 
 who should appear but Capt. Craig, himself, the very man 
 of all the world I most dreaded to see. My Counsel had 
 
TRIAL OF MISS WEBSTER. 
 
 75 
 
 assured me that he was a man of good principles and very 
 much of a gentleman, but I had heard so many conflicting 
 statements in Fayette County, that my mind was consid- 
 erably biassed against him. Mr. Sloan gave me an intro, 
 duction ; and I scrutinized his every feature as closely, as 
 the lingering rays of twilight would permit. I could see 
 nothing in him to condemn or approve. I entertained no 
 sentiments of abhorrence or animosity toward him, but still 
 I felt an aversion not easily overcome. I entered the 
 walls of the Penitentiary at 5 o’clock, P. M. Jan. 10, 1845. 
 Any effort to portray my feelings on that memorable night 
 would be in vain. Words lose their power when we task 
 them to attempt an expression so inadequate to their 
 strength. 
 
 No language can falhom the fount of that grief; 
 
 When tears flow in billows, yet bring no relief. 
 
 Several gentlemen of respectability escorted me to a 
 house within the yard, which 1 afterwards learned was 
 built expressly for my comfort. Here, after some prelim- 
 inary remarks appropriate to the occasion, Mr. Craig said 
 he was about to read to me the “Prison Rules,” and if I 
 thought them too strict in any particular, he would listen 
 to any suggestion I was pleased to make. He then read 
 the Rules, together with his oath, aud the Laws of Ken- 
 tucky, in relation to the prisoner ; after which, he asked 
 me with an impressive look, to judge of his feelings, with 
 myself and those laws on the one hand, and himself, bound 
 by a solemn oath to execute those laws on the other. I 
 told him that I saw nothing in the Rules , in the least de- 
 gree unreasonable, and had no desire to be treated with 
 partiality; nordid I wish him to extend to me anymore 
 clemency than (he laws of his country, his oath, and the 
 strict discharge of his duty would justify. 
 
73 
 
 TEIAL OF HISS "WEBSTER. 
 
 He then said sooner should his blooi be spilt, than I 
 should receive any abuse or unkind treatment while in his 
 care; and sooner should mine be spilt, than those laws 
 trampled upon. And if my Father should enter my house 
 in the morning I was neither to speak to him, or pity any 
 more attention to him than as though he were a stone, 
 without permission from an officer ; nor was I to speak 
 to tny Counsel, or any one else, without special permis- 
 sion. He closed with a short but very able and touching 
 ■ress, during which 1713’ prejudice vanished, and I cam« 
 :> (he conclusion that if he were not a Christian, he cer- 
 ainly appeared very much like one. The company now 
 retired, soon after which he left me, saying I had nothing 
 to fear, assuring me of his protection. All this passed, and 
 my Counsel had not been apprized of my arrival. I was 
 now alone in the Penitentiar\ r , and happy in the thought 
 that rny new keeper had a heart. He had said before he 
 left, that he did not allow his mind to be prejudiced 
 against the prisoners, but I could not but see, though he 
 might be unconscious of the fact, it was strongly biassed 
 against me. Nor is it surprising, in a community where 
 the atmosphere was contaminated with the most venomous 
 detraction, that he should inhale its odor. 
 
 Next morning Mr. Shy called, and during the conversa- 
 tion I remarked to him, that I had no doubt Mr. Craig was 
 a very good man, but he had heard so much scandal against 
 me and such was the strength of his prejudice, that any 
 effort on my part to conciliate his feelings would be worse 
 than useless. Mr. Shy responded, that Mr. Craig would have 
 an opinion of his own in reference to m\ r case, and though 
 his friends and all Kentucky might be against me, yet he 
 was a man too independent in his principles to base his 
 opinions on the prejudices of others, or on flying rumors. 
 
TRIAL OF MISS WEBSTER. 
 
 77 
 
 And whatever might be the present state of his feelings 
 towards me, he was sure to be my friend, after he had be- 
 come acquainted with my case, and examined the facts for 
 himself. 
 
 During the day (Saturday) several Ministers of the Gos- 
 pel called on me — manifested much interest and sympathy 
 in my welfare, and continued to call frequently during my 
 stay in the Penitentiary; thus exhibiting by their conduct 
 that they were not unmindful of the injunction to “remem- 
 ber those in bonds,” comfort the afflicted, visit the prisoner, 
 &c. It would afford me pleasure to give the names of 
 some of these Clergymen, but I cannot now recall them. 
 One however occurs to my mind, which I cannot forbear 
 to mention, the Rev. Mr. Bullock, Presbyterian, living in 
 Frankfort. He called frequently during my incarceration, 
 and to him I am greatly indebted for the consolations of 
 many an hour. 
 
 Never can 1 cease to be grateful for his kind attentions, 
 nor forget the satisfaction it afforded me to find him not 
 “ ashamed of my bonds, :: and to see him with some few 
 others, stand unmoved in the midst of the violence of that 
 commotion, which all Fayette County was promoting by 
 the vilest scandal, and breathing out the bitterest impre- 
 cations against one who had done nothing to merit their 
 displeasure. O, how sweet in the hour of adversity to be 
 remembered by the precious few, who are indeed God’s 
 children. As such I regard Mr. Bullock. His face is so 
 full of Heaven — his every word breaths such a sweet and 
 Christian spirit — while his whole deportment so admira- 
 bly recommends the religion of Jesus, that it seems to me, 
 that heart must be hard indeed, that is not inspired with a 
 devotional feeling in his presence. 
 
 As my readers are doubtless impatient to hear what other 
 
 G* 
 
78 
 
 TRIAL OF MISS WEBSTER. 
 
 comforts I enjoyed, and how the time passed with me in 
 in the Penitentiary, I will no longer keep them in suspence. 
 
 Though all the other prisoners, (about one hundred and 
 fifty in number,) were lodged in dark cells, I was permitted 
 to be sole tenant of a small frame house, with plain board- 
 ing, erected especially for my convenience. This house 
 contained only one room, but was well furnished, aud suf- 
 ficiently large and commodious to answer the purposes of 
 workshop, study, lodging, dining-room and parlor. It was 
 well lighted with five windows, and not only comfortable, 
 but very pleasant. I was not locked in here, as I had 
 been for the last three or four months in the Lexington 
 jail, but was privileged with free egress and ingress, at any 
 time during the day, and could thus enjoy the open air at 
 my pleasure. My windows were not grated with huge bars, 
 the very sight of which was forbidding to my nature, nor 
 was I debarred from raising them to ventillate my room, 
 or to inhale the iuvigorating breeze of a delightful morning. 
 Thus it will he seen I was treated more as a rational being 
 than as a maniac. 
 
 Scarcely a day passed, but ladies and gentlemen of the 
 first class visited me, and many of these interviews, con- 
 tributed very much to my enjoyment. The Legislature 
 was then in session, and most, if not all the members of 
 both houses called on me, and I am happy to say, expressed 
 to me their warmest sympathies. 
 
 Instead of being required to put on the prison garb, I 
 wore my usual apparel. Nor was I required to perform any 
 kind of labor ; but some light sewing was brought in for 
 mv own amusement. I was also furnished with a fine ^ 
 library to which I had free access. Indeed, I had many 
 comforts, and most of all, a faithful, sympathizing, and 
 
TRIAL OF MISS WEBSTER. 
 
 79 
 
 Christian keeper ; and I must be as insensible as a stone, 
 when I cease to appreciate his kindness. 
 
 To Mrs. Craig, the lady of the principal keeper, I be- 
 came most ardently attached. She often visited me in 
 my room, and sometimes invited me to walk out with her, 
 thus doing all in her power to promote my happiness. She 
 took care that my food was of the best and most delicious 
 quality, and prepared with neatness and elegance ; and I 
 I felt that I was not only in “a land flowing with milk and 
 honey,” but that I was fed from one of its most exuberant 
 tables. Mrs. Craig is a lady of strong and well balanced 
 mind and appeared perfectly regardless of the flying rumors 
 assailing my moral standing. 
 
 She, doubtless, in investigating the grounds of suspicion, 
 saw through the policy of my enemies, inasmuch as they 
 had failed to prove me guilty of freeing the slaves in ques- 
 tion, to overthrow my moral character, in order to sustain 
 their own reputation. Never shall I forget her repealed 
 acts of kindness, when, in every thing she did in my behalf, 
 she exposed herself to censure. 
 
 This little work will not admit of enlarging on this theme, 
 nor giving that credit to my friends which strict justice 
 demands, though it would afford me pleasure to dwell upon 
 their merits. Suffice it to say, I was treated more like a 
 daughter, than a prisoner ; and though those magnanimous 
 spirits in whose care I was placed, were thereby exposed 
 to the censure of ignorant and narrow minds, it is gratify- 
 ing to remember they were upheld and justified by the 
 Governor, Lieutenant Governor and state Legislature. 
 
 I now come to speak of my pardon. I had been in the 
 Penitentiary but a few days before it was proposed to me 
 to accept a pardon, on conditions that I would immediately 
 leave Kentucky, and never again return. I could not coa* 
 
80 
 
 TRIAL OF MISS WEBSTER. 
 
 sent to those conditions, and expressed a decided preference 
 to remain in the Penitentiary until the prejudice should 
 subside. My friends urged me to accept a pardon on al- 
 most any conditions, thinking a release, (if not on terms 
 exactly pleasing to me,) preferable to farther imprisonment. 
 This point was pressed several days. I then told them, I 
 was not only willing , but anxious to return home ; but I 
 could not consent to leave, so long as there were other in- 
 dictments pending against me. I preferred a trial on the 
 other indictments, after which I would gladly leave the 
 State ; but I could not think of pledging myself never to 
 return. It was then proposed to have the other indictments 
 dismissed. Still, I could not endure the idea of promismg 
 I never would, under any circumstances, return to Ken- 
 tucky. The Governor asked me, which I would rather do, 
 say I would leave the Stale never to return, and have the 
 sentence remitted by a pardon , or stay and serve out my 
 two years ? I replied, that if I were to yield the point in 
 question, and make the pledge, which the people required, 
 it would be done contrary to my wishes ; for I could never 
 do it voluntarily. All my feelings revolted at such a com- 
 promise, and inasmuch as I could not act in it heartily, 
 rather than submit to conditions that could be construed 
 unfavorably to my sincerity, I would stay and serve out 
 my sentence. I further said to his Excellency that I did 
 not like the idea of banishment. I was morally and legally 
 a free citizen of the United States ; and could see no reason, 
 justice, or propriety, in my being deprived of visiting any 
 portion of the Union, or going, or living where I pleased- 
 I might never desire to return to Kentucky, and probably 
 never should; but if I wished to return and resume my school, 
 or visit a friend, Iwould not be debarred the privilege. That 
 I thought it not honorable in Kentucky to offer me a condU 
 
TUIAXj OF 3IXS9 WEBSTER. 
 
 81 
 
 tional pardon, and I was exceedingly averse to anything 
 lhat bore any semblance to exile, &c. The Governor re- 
 sponded, that all his sympathies were enlisted in my behalf, 
 and so far as concerned his own feelings, he had no wish 
 to exile me, or require any pledge or condition, but he was 
 assured if he were to pardon me without any compromise 
 on mv part, (he people would not be satisfied. Me admit- 
 ted the requirement to bo hard, but said he must act for the 
 people. 
 
 During this time, every efiort was bsing made for my 
 release. Doth houses cf the Legislature were uniting their 
 influence with that of my Father, Counsel and Friends, and 
 had nearly succeeded on Saturday, 25th January, when 
 some, overjoyed at the brighdning prospect, told in town 
 that my pardon was about being signed, and would be sent 
 to me at sunset. From this it was instantly rumored lhat 
 I was already released, which greatly incensed that portion 
 of the populace who were my enemies ; and I sent to tho 
 Governor, saying, I was not so selfish as to wish a pardon, 
 if he, in granting one, would expose himself to censure, or 
 endanger the interests of the State. His Excellency, being 
 a man of consideration, thought it best to let the excitement 
 subside a little, and concluded to defer bringing the matter 
 to an issue, until the following Monday. Meanwhile, re- 
 port went up to Lexington that my pardon was effected ; 
 and early on Monday morning there came down a volley 
 of almost unequalled abuse upon his Excellency for pre- 
 suming to interfere ; on which, I was informed his friends 
 hastened to him, and advised a postponement, thinking 
 that Ins own safety required farther deliberation before 
 taking a step on which seemed pending consequences of 
 vast importance. He listened to their counsel, and it once 
 more became my duty meekly to submit to the continuance 
 
82 
 
 TRIAL OF MISS WEBSTER. 
 
 of my bondage. This disappointment was painful to my 
 friends, and exceedingly trying to myself ; but I have never 
 been disposed to cast any reflections upon the Governor ; 
 and though some of my friends at the South, as well as in 
 the Free States, felt inclined to censure his want of human- 
 it)’, I think they would have entertained different views, 
 had they realized the high tone of excitement, which at 
 that time pervaded the community. 
 
 H is Excellency called on me several times, and continued 
 to manifest a friendly feeling during my incarceration ; and 
 on Monday morning, 24th February, sent me a Free and 
 Full Pardon ; I having been in confinement, from the time 
 of my arrest on the 30th September, (about five months.) 
 and in the Penitentiary six weeks. 
 
 I left Frankfort on the 25th February, and after a pleas- 
 ant journey of fourteen hundred and forty miles, accom- 
 nied by my Father, arrived safely inVergennes, my native 
 town, March 14, 1845. 
 
 t Once more I must allude to the kindness of my Ken- 
 tucky friends, to whose influence 1 am deeply indebted 
 for my early release. I cherish a high respect for the 
 Commonwealth of Kentucky, and do not consider the 
 State to blame for my persecutions, which were only the 
 result of the malice of a few individuals, — such as Mr. 
 Thomas B. Megowan, who on one occasion sternly de- 
 manded a private letter which I received w'hile in his 
 care, from a friend in Lexington, and which I was unwil- 
 ling he should see. But when he solemnly pledged me 
 his word and honor that he would not take it from mv 
 room, but would return it to me immediately, and never 
 speak of its contents, I submitted it to his perusal. Suffice 
 it to say, he took said letter from my room— circulated its 
 contents — and I have never seen it since. 
 
TRIAL OF MISS WEBSTER. 
 
 83 
 
 Inasmuch as some have assailed my moral character 
 since they failed to prove me guilty of the charges upon 
 which I was tried I here introduce the certificate of my 
 Pastor, Rev. Harvey F. Leavitt. 
 
 Vergennes, Vt. April 10, 1S45- 
 
 This certifies, that Miss Delia Ann Webster, as appears from the records of 
 the Congregational Church in this City, united with the same on the 4th day 
 of September, 1631, and has ever since continued in good and regular stand- 
 ing in the same. That, since the summer of the year 1S36, I have been the 
 Pastor of said Church. and have personally known Miss Webster, and have uni' 
 lornily esteemed her as a young lady of correct, moral and religious principle ; 
 and unexceptionable, and consistent Christian deportment. That sometime in 
 the fail ofthe year 1841 she left for the West, forlhe twofold purpose, as I am 
 informed, of improving her health and education. That as she did not content' 
 plate a long absence, she did not take a letter. H. F. LEAVITT, 
 
 Pastor of the Congregational Church in Vergennes, iic. 
 
 THOUGHTS ON SLAVERY. 
 
 The reader will expect, before I conclude this work, 
 that I should give my views of the character of American 
 Slavery. My sentiments upon lhis subject may be pretty 
 clearly gathered from what has been expressed incident 
 tally already, hut since so much has been said in relation 
 to a change in my views, it will be expected that I should 
 be more distinct and full in my declarations* I have nev- 
 er yet read any publication issued by the Abolitionists. 
 What I shall say therefore, will be the result of conviction 
 from youth, and personal observation. 
 
 From my earliest knowledge of the existence and na- 
 ture of American slavery, I have had an utter abhorence 
 of it, as a system of uncorn pounded wickedness, alike op- 
 posed to Christianity, and the principles of a Republican 
 government. Indeed I think it as bad as the Devil and 
 wicked men can make it. 
 
 These seniiments I have never disguised either in Ken- 
 tucky or elsewhere. It is true I denied being an Aboli- 
 tionist in the sense of Kentucky construction, and I siill 
 deny it ; for I am, and ever have been , as bitterly opposed 
 to what is termed “ JS’egro Steal. .3 as Kentuckians 
 themselves. 
 
 I believe the zeal of those who would seduce the slave from 
 his master, is altogether misdirected. For though the con- 
 dition of individual slaves may thus be greatly improved, 
 
TRIAL OF MISS WEBSTER. 
 
 94 
 
 \ 
 
 
 the chains of thraldom are riveted tighter than before on 
 the remaining thousands, who must still drink the bitter 
 waters of slavery. Nor do I approve of any thing which 
 has a tendency to sow discord or to create feelings of ani- 
 mosity between the North and South. 1 am decidedly 
 opposed to a dissolution of the Union. For 1 consider the 
 Aorth as deeply implicated in the guilt of slavery as the 
 South, and Jot more inexcusab/e. 
 
 I would not be understood that my abhorrence of this 
 institution arises merely from the fact of injustice to the 
 slave. It is injustice to ourselves. It is a canker worm, 
 gnawing at the vitals of our best interests, and eating out 
 the fat of the land, and making our country poorer and 
 leaner every day. 
 
 Though my understanding cannot sanction any inter- 
 ference with the claims of the South or any violation of the 
 rights which the constitution secures to the Slave holder, 
 mv sympathies must ever congratulate the slave w ho makes 
 his own voluntary and harmless escape. I believe the 
 diffusion of light, with the active exercise of a Christian 
 spirit, would produce such a revolution in public sentiment, 
 that the Legislatures of the slave S ates would soon adopt 
 some plan to remedy this evil,— and I must applaud any 
 just, safe, and politic measures to banish this curse from our 
 land. But above all things 1 would have it done legally' 
 and with a sacred regard to the preservation of our Union 
 and the Constitution of our beloved Country. 
 
 I could enlarge upon this subject but have not the space 
 to do so in this work, and shall not be expected lo go beyond 
 the simple expression of my sentiments at this time. But 
 will merely add in relation to slavery' in Kentucky, that 
 public feeling is opposed to cruelty. The slaves are gen' 
 erally faithful and much attached to their owners who treat 
 them with as much liberality as servitude will bear. True, 
 I have witnessed some of the most heart rending punish- 
 ments, but consider them only isolated instances of abuse. 
 
 far as I was able lo learn, they generally appeared to be 
 well fed — w’ell clothed and cheerful as could be expected. 
 
 I am Dot conscious of any change having been produced 
 in my mind during my residence in the slave states, ex- 
 cept that I acquired more sympathy for the slave, and more 
 for his master. 
 
Date Due 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Form 335— 40M— 6-39— S 
 
976.9 Z99B 1840-59 v.S 
 
 nos. 1-11 359704