Friend Hopper remarked to the mayor, "This case requires testimony as strong as if the woman were on trial for her life, which is of less value than liberty. I object to the testimony as insufficient; for the witness cannot say positively that he knows she is the same person, but only that he believes so. Wouldst thou consider such evidence satisfactory in the case of a white person?"
The mayor who was not friendly to colored people, replied, "I should not; but I consider it sufficient in such cases as these."
"How dark must the complexion be, to justify thee in receiving such uncertain evidence?" inquired Friend Hopper.
The mayor pointed to the prisoner and said, "As dark as that woman."
"What wouldst thou think of such testimony in case of thy own daughter?" rejoined Friend Hopper. "There is very little difference between her complexion and that of the woman now standing before thee."
He made no reply, but over-ruled the objection to the evidence. He consented, however, to postpone the case three days, to give time to procure testimony in her favor.
Isaac W. Morris soon after called upon Friend Hopper and said, "Mary has acknowledged to us that her name is Fanny, and that she belongs to Mrs. Sears. My family are all very much attached to her, and they cannot bear the thought of her being carried away into slavery. I will advance three hundred dollars, if thou wilt obtain her freedom."
Friend Hopper accordingly called upon Mrs. Sears, and after stipulating that nothing said on either side should be made use of in the trial, he offered two hundred dollars for a deed of manumission. The offer was promptly rejected. After considerable discussion, three hundred and fifty dollars were offered; for it was very desirable to have the case settled without being obliged to resort to an expensive and uncertain process of law. Mrs. Sears replied, "It is in vain to treat with me on the subject; for I am determined not to sell the woman on any terms. I will take her back to Maryland, and make an example of her."
"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."