Last updated: September 6, 2025
Article
The Trials of Thomas Garrett
The enslavers of the Hawkins family at the time of their flight (1845) were Elizabeth Turner and Charles Glanding. They both filed separate lawsuits against Garrett and Hunn. The suits sought exemplary damages in the amount of $500 per fugitive against Hunn and Garrett as provided in the Fugitive Slave Act of 1793. Each case was tried separately on successive days. The case of Glanding v. Hunn was tried on May 24th, 1848. The case of Turner v. Hunn resulted in a guilty confession entered on May 25th, 1848. The cases against Garrett, Glanding v. Garrett and Turner v. Garrett, were tried on May 26th and May 27th, 1848, respectively.
At the time of these trials, it was the custom of the U.S. Supreme Court that when the court was not in session, the justices would "ride circuit" and conduct trials in the various district courts. Thus, Supreme Court Chief Justice, Roger B. Taney, presided over the trials of Hunn and Garrett. The trials occurred at the New Castle Court House. The Court House was owned by the State of Delaware, but by agreement federal court proceedings were also conducted in the building.
At the Garrett trials, Charles Glanding testified that Samuel Hawkins Sr. and Emeline Hawkins were husband and wife who lived in Queen Anne's County, Maryland in 1845. Samuel was a free man. Emeline was originally enslaved by Glanding's father, but Elizabeth Turner had been Emeline's enslaver for many years prior to the family's escape. Glanding testified that he was the enslaver of Samuel Jr. and Chester, who were the teenage sons of Samuel Sr. and Emeline. The couple had four younger children, who were also enslaved by Turner since they were born while Emeline was enslaved by her.
Robert Wright also testified that Turner was the enslaver of Emeline and her four younger children. He testified that Samuel Sr. had on several occassions tried to purchase the freedom of Emeline from Turner, but she was unwilling to agree to any terms.
Robert Cochran testified that he had assisted Wright in the capture of the Hawkins family. While Samuel Sr. was in custody, he admitted that Emeline and their children were enslaved.
Sheriff Jacob Caulk testified that the Hawkins family was brought to him in custody and were represented to be enslaved fugitives. Caulk brought the Hawkins family to the New Castle Court House for a hearing on a writ of habeas corpus before Delaware Chief Justice Booth. Booth found that there was no evidence to support any criminal charges against any member of the family. He also found that there was insufficient evidence presented regarding their enslaved status and ordered the family to be released from custody. Caulk also testified that he heard that Garrett was informed that some freed Blacks were being held in the New Castle jail illegally.
Chief Justice Booth testified that he had conducted a hearing on a writ of habeas corpus regarding the Hawkins family. At the hearing, Garrett produced a copy of a will of a woman who lived in Maryland which reportedly manumitted (set free) the mother of the children. He also examined documents which might support holding the family under the Fugitive Slave Act but found them to be defective. At the conclusion of the hearing, he found that there was no evidence to support any criminal charges against any members of the family and since the warrants seeking their return to Maryland were not supported by oath or affirmation, they were deemed defective and ordered the family to be freed. As the hearing was ending, a person appeared who informed Garrett that a carriage was ready to transport the family from New Castle.
Joseph Bartlett testified that he provided a hack, a type of wagon, to transport the Hawkins family from New Castle to Garrett's store in Wilmington. Garrett paid for the transportation.
Sheriff Caulk's son testified that while the Hawkins family was in custody in the New Castle jail, they were visited by Garrett who spoke with Samuel Sr. During that conversation, Samuel Sr. informed Garrett that his older sons, Samuel Jr. and Chester, were enslaved.
Daniel Wolfe testified that after the hearing was concluded, Garrett entered the jail and stated he would soon have the Hawkins family out of the state of Delaware and that he would procure a carriage to transport the family shortly.
Zenas Glazer testified that in 1845, he met with a friend named Mr. Zebly at the corner of Third and Market Streets in Wilmington. While they were talking, they were joined by Garrett. Zebly asked Garrett about a family of African Americans who had recently stayed at Garrett's house. Zebly asked Garrett if the family was enslaved. Garrett answered, "yes, but we must not say anything about it."
It does not appear that Garrett testified in the trials against him by Glanding and Turner. If Garrett were called as a witness, it is probable that his truthful testimony would have only aided the plaintiffs' cases.
Garrett's attorney argued that Garrett was entitled to rely upon Justice Booth's determinations regarding the family. However, the jury found in favor of Charles Glanding in his case against Thomas Garrett and found Glanding entitled to damages amounting to $1,000.
The jury in Elizabeth Turner's claim against Thomas Garrett found in favor of Turner and found she was entitled to damages amounting to $2,500. After the trial on Turner's claim against Garrett, the U.S. Marshall told Garrett that he "hoped that Mr. Garrett would now mind his own business and would not meddle with slaves again!" Garrett replied to him in front of a crowd that the judgements against him would, "be a license against him for the remainder of his life, but if anyone knows a slave who needs assistance, send them to me and I will never neglect an opportunity to assist a slave to obtain freedom." True to his word, Garrett remained committeed to assisting freedom seekers. He was able to pay the damages brought against him without losing his house. He died on January 25th, 1871. He is buried in the cementery at the Quaker Meeting House located on Fourth Street in Wilmington, Delaware.
At the time of these trials, it was the custom of the U.S. Supreme Court that when the court was not in session, the justices would "ride circuit" and conduct trials in the various district courts. Thus, Supreme Court Chief Justice, Roger B. Taney, presided over the trials of Hunn and Garrett. The trials occurred at the New Castle Court House. The Court House was owned by the State of Delaware, but by agreement federal court proceedings were also conducted in the building.
At the Garrett trials, Charles Glanding testified that Samuel Hawkins Sr. and Emeline Hawkins were husband and wife who lived in Queen Anne's County, Maryland in 1845. Samuel was a free man. Emeline was originally enslaved by Glanding's father, but Elizabeth Turner had been Emeline's enslaver for many years prior to the family's escape. Glanding testified that he was the enslaver of Samuel Jr. and Chester, who were the teenage sons of Samuel Sr. and Emeline. The couple had four younger children, who were also enslaved by Turner since they were born while Emeline was enslaved by her.
Robert Wright also testified that Turner was the enslaver of Emeline and her four younger children. He testified that Samuel Sr. had on several occassions tried to purchase the freedom of Emeline from Turner, but she was unwilling to agree to any terms.
Robert Cochran testified that he had assisted Wright in the capture of the Hawkins family. While Samuel Sr. was in custody, he admitted that Emeline and their children were enslaved.
Sheriff Jacob Caulk testified that the Hawkins family was brought to him in custody and were represented to be enslaved fugitives. Caulk brought the Hawkins family to the New Castle Court House for a hearing on a writ of habeas corpus before Delaware Chief Justice Booth. Booth found that there was no evidence to support any criminal charges against any member of the family. He also found that there was insufficient evidence presented regarding their enslaved status and ordered the family to be released from custody. Caulk also testified that he heard that Garrett was informed that some freed Blacks were being held in the New Castle jail illegally.
Chief Justice Booth testified that he had conducted a hearing on a writ of habeas corpus regarding the Hawkins family. At the hearing, Garrett produced a copy of a will of a woman who lived in Maryland which reportedly manumitted (set free) the mother of the children. He also examined documents which might support holding the family under the Fugitive Slave Act but found them to be defective. At the conclusion of the hearing, he found that there was no evidence to support any criminal charges against any members of the family and since the warrants seeking their return to Maryland were not supported by oath or affirmation, they were deemed defective and ordered the family to be freed. As the hearing was ending, a person appeared who informed Garrett that a carriage was ready to transport the family from New Castle.
Joseph Bartlett testified that he provided a hack, a type of wagon, to transport the Hawkins family from New Castle to Garrett's store in Wilmington. Garrett paid for the transportation.
Sheriff Caulk's son testified that while the Hawkins family was in custody in the New Castle jail, they were visited by Garrett who spoke with Samuel Sr. During that conversation, Samuel Sr. informed Garrett that his older sons, Samuel Jr. and Chester, were enslaved.
Daniel Wolfe testified that after the hearing was concluded, Garrett entered the jail and stated he would soon have the Hawkins family out of the state of Delaware and that he would procure a carriage to transport the family shortly.
Zenas Glazer testified that in 1845, he met with a friend named Mr. Zebly at the corner of Third and Market Streets in Wilmington. While they were talking, they were joined by Garrett. Zebly asked Garrett about a family of African Americans who had recently stayed at Garrett's house. Zebly asked Garrett if the family was enslaved. Garrett answered, "yes, but we must not say anything about it."
It does not appear that Garrett testified in the trials against him by Glanding and Turner. If Garrett were called as a witness, it is probable that his truthful testimony would have only aided the plaintiffs' cases.
Garrett's attorney argued that Garrett was entitled to rely upon Justice Booth's determinations regarding the family. However, the jury found in favor of Charles Glanding in his case against Thomas Garrett and found Glanding entitled to damages amounting to $1,000.
The jury in Elizabeth Turner's claim against Thomas Garrett found in favor of Turner and found she was entitled to damages amounting to $2,500. After the trial on Turner's claim against Garrett, the U.S. Marshall told Garrett that he "hoped that Mr. Garrett would now mind his own business and would not meddle with slaves again!" Garrett replied to him in front of a crowd that the judgements against him would, "be a license against him for the remainder of his life, but if anyone knows a slave who needs assistance, send them to me and I will never neglect an opportunity to assist a slave to obtain freedom." True to his word, Garrett remained committeed to assisting freedom seekers. He was able to pay the damages brought against him without losing his house. He died on January 25th, 1871. He is buried in the cementery at the Quaker Meeting House located on Fourth Street in Wilmington, Delaware.