“I hope thou wilt find thyself disappointed,” rejoined Friend Hopper.  The slaveholder merely answered with a malicious smile, as if perfectly sure of her triumph.

Finding himself disappointed in his attempts to purchase the woman, Friend Hopper resolved to carry the case to a higher court, and accumulate as many legal obstructions as possible.  For that purpose, he obtained a writ De homine replegiando, and when the suitable occasion arrived, he accompanied Mary Holliday to the mayor’s office, with a deputy sheriff to serve the writ.  When the trial came on, he again urged the insufficiency of proof brought by the claimant.  The mayor replied, in a tone somewhat peremptory, “I have already decided that matter.  I shall deliver the slave to her mistress.”

Friend Hopper gave the sheriff a signal to serve the writ.  He was a novice in the business, but in obedience to the instructions given him, he laid his hand on Mary’s shoulder, and said, “By virtue of this writ, I replevin this woman, and deliver her to Mr. Hopper.”

Her protector immediately said to her, “Thou canst now go home with me.”  But her mistress seized her by the arm, and said she should not go.  The mayor was little acquainted with legal forms, beyond the usual routine of city business.  He seemed much surprised, and inquired what the writ was.

“It is a homine replegiando,” replied Friend Hopper.

“I don’t understand what that means,” said the mayor.

“It is none the less powerful on that account,” rejoined Friend Hopper.  “It has taken the woman out of thy power, and delivered her to another tribunal.”

During this conversation, the mistress kept her grasp upon Mary.  Friend Hopper appealed to the mayor, again repeating that the girl was now to await the decision of another court.  He accordingly told Mrs. Sears it was necessary to let her go.  She asked what was to be done in such a case.  The mayor, completely puzzled, and somewhat vexed, replied impatiently, “I don’t know.  You must ask Mr. Hopper.  His laws are above mine.  I thought I knew something about the business; but it seems I don’t.”

Mary went home with her protector, and Mrs. Sears employed Alexander J. Dallas as counsel.  The case was kept pending in the Supreme Court a long time; for no man understood better than Friend Hopper how to multiply difficulties.  Mrs. Sears frequently attended, bringing witnesses with her from Maryland; which of course involved much trouble and expense.  After several years, the trial came on; but it was found she had left some of her principal witnesses at home.  Most of the forenoon was spent in disputes about points of law, and the admissibility of certain evidence.  The court then adjourned to three in the afternoon.