Brashears, being advised by lawyers that Judge Burgoyne had no right to issue his writ for the slaves, and remembering Judge McLean’s decision in the Rosetta case, made a return on the writ of habeas corpus, that the slaves were in the custody of the United States Marshal, and, therefore, without his jurisdiction.  This returned the slaves to the custody of the Marshal.  By agreement, the parties permitted the slaves to remain in the county jail during that day, with the understanding that their examination should commence the next morning, before Commissioner Pendery.  An inquest had been held on the body of the child which was killed, and a verdict was found by the jury charging the death of the child upon the mother, who it was said would be held under the laws of Ohio to answer the charge of murder.  An examination took place on Wednesday, before the United States Commissioner.  Time was allowed their counsel to obtain evidence to show that they had been brought into the State at former times by their masters.  A meeting of citizens was held on Thursday evening, to express sympathy with the alleged fugitives.

The Cincinnati Commercial of January 30, said:—­The mother is of an interesting appearance, a mulatto of considerable intelligence of manner, and with a good address.  In reply to a gentleman who yesterday complimented her upon the looks of her little boy, she said, “You should have seen my little girl that—­that—­[she did not like to say, was killed]—­that died, that was the bird.”

The Cincinnati Gazette, of January 30, said:—­We learn that the mother of the dead child acknowledges that she had killed it, and that her determination was to have killed all the children, and then destroy herself, rather than return to slavery.  She and the others complain of cruel treatment on the part of their master, and allege that as the cause of their attempted escape.

The coroner’s jury, after examining the citizens present at the time of the arrest, went to the jail last evening, and examined the grandmother of the child—­one of the slaves.  She testified that the mother, when she saw they would be captured, caught a butcher knife and ran to the children, saying she would kill them rather than to have them return to slavery, and cut the throat of the child, calling on the grandmother to help her kill them.  The grandmother said she would not do it, and hid under a bed.

     The jury gave a verdict as follows:—­That said child was
     killed by its mother, Margaret Garner, with a butcher knife,
     with which she cut its throat.

     Two of the jurors also find that the two men arrested as
     fugitives were accessories to the murder.

     “The murdered child was almost white, and was a little girl
     of rare beauty.”