The New York herald., 1850-12-25


Virginia fresmsn' A..Csrtainly; hsv. heard Mr..
slaves both engaged In the same Kind of o. -
Virginia; and black free persona, we'll as Slaves are
and what have heard from Dr. Smith ana nv sistss
have DO knowledgs Of his being slave. -
me Oomm,ssoner was then asked to read his notes,
and having done they found to be almost YER.
batim with the above. ~ ''.
Mr jay said, then this report ia virtually correct
| ing which he intended to convey.
Mr.. jay continued. He denied that the right Of
| property was, as stated by dr. Western, proved By
possession, and he maintained that no single aos Of
this party while under restraint could be established
wild animals, they must belong to somebody; the osss
| n different with regard to this man, they cannot
prove their claims By the acts admissions Of the
| individual under such circumstances Counsel refer
| red to I'd starkis on Evi dence, page 2s
Mr. fessenden, volunteer counsel on behalf Of tho
aecuted' wshed to urge or two obser vations He
eaid would doubiy enhance the severity of the law
the Commissioner would admit the acts Of this
ask, that law, in a civhaed land would shut
q mans mouth as to his own yinaieatiOn and
ed that the Commissio.sr would hesitate before
he gave sseh construction to the act. The provi-
zion OF the constitution OF the United states has not
the word slavery" in it, from beginning to end It
@ys one whose services claimed and lie bound to
bic to white apprentices as we'll as to black man;
the evidence OF Acts Is In his (Mr Rs) mind nAdmis-
sSis any law contains any such provisions b.
Slater, composed Of gentlemen who have property in
slaves, would set aside that law as contrary to the
consutution OF the United States.
Mr Western and Mr. Jay having addressed the
Court on the rsmes ubjeot
The Commissioner ssd-No evidence appears In the
case up to the present time, to prove that the man
Henry in duress except as to the relations he
cupied towards Mr.. Smith. He uhs Commissioned
did not know that .he Court to assume THAI
Henry was in duresss, and he did not thir that the
duresse of slavery waSufhcent to exclude the acts Of
the party as incompetent evidence lie thought, ON
the whole that the testimony this point was ad-
missible.
WAL
know what advantage the exception would be to him
The question was again put-on your return to
i found Henry At the Coiumbisn Hotel he .
waiter there received his wages myself for Doctor
and by previous agreement Q-By what rsht,
known TO Henry, did Doctor Smith claim toksceivs
This question also objected to spupsel for
Henry and was ruled out by the Comn lbner.
Q-Did Henry know you received his wsges' A.
ploy at the hotel, A-ons ear; he demssnsd himself
propery he freqenty came to me during the year as
in tbs ab.enes Of Doctor smith when WAS leaving
the city to spend the Christmas, took him to the
City Hotel and told him to remain there until came
back had made an arrangement to hire him out
there but when returned found that he was not
there he stopped at the City Hotel day or two, but
ing my orders. and wrote to his master about it
found great cuty In getting him situstion after
hire himself, as his master had previously permitted
him to do exrostulatsd with him, and told
difficulty, and seeing an advertisement from Haskens
4 Libbey, went TO them and they agreed to hire
that Henry had been hiring himself aud never made
any returns Of his wages to me; In January, he had
hired himself 20 wait on sick man at my request for
which services directive his which amounted
to sQ-about 81 day; be hired himself also at the
Madison House andanorher place. for which he made
no return to me, though had told him TO do 30; du
ring that year saw him frequently, and think haa
loaned him money; he continued at Hsskens Lib
hey during the year until some time In December
ls4s; he disappeared about that time; went to Rock
cts, part OF the tcwn where he lived and Inquired
about him; saw Ha.kens Libbey, aud inquired
what hss become of him; Henry gone and made
diiigsn, @ inquiry & and e9uld not & ind him what
gone Al had specific authority to advertise
hm. becaune his ms ster than 800 miles dis
your authority in what was Il contained in re-
Iatfon to your agency over Hearyl Al had both
Of your authority which was In writing with you
here Al hAve-(producesa number OF ietters)
I, being now past three O'Clock, the Commissioner
examine because II there probability OF finish
Ing the case to day, he would adjourn. Mr. Western
tsid BE had but one more witness Mr. white ssid hs
did not think 1t possible to finish the to-day,
they had eight or ten witnesses Tor tns defence
The letter produced from DIR Smith 20 DR. Parker,
was ruled by the Commissioners as inaimis.ible The
witness fad he had eniirs contro the Henry
The crosse eIsminstion Of Mr. Parker was then com
ntneed, but nothing vary ing from that which
ported IN yesterday HeTeA was slicted;
BY the Commissions Do you know the age OF the
msn Henry Al do not
Andersen b Lambkin being sworn, deposed that he
knows Henry he (Henry) vas in aa,Sens aud Lib
beys employ, IN Richmond Virgins, and the pre-
sent, am positive Is the tame he brought stores
my vessel two three days before he away
t~o years ago this Christmas heran away; know H.
because wss there ali that Christmas; he en-
poyed by Mr. Libbey In the capacity OF waiter 70
Ty tore ON board vessels; run packet between
bew York and Richmond
Cross sxamined--I did not know OF my own knoE-
Ledge thst he ran away, only heard II
charge Of the pEisoIer upen the folosins grounds
fust That there has been satisfactory avidense of
i.r'd conpetsut In law 70 prove that the alleged fas
tive AZ the time he left virginia held " service
by the laws of that State
ssoobd That there ha, been no .,t,.fac,ory evil
dsrce offered. In lAw 20 prove that the al
legged fuzge escaped from Virginia from any per
fon therein, to whom by the lave thereof. he owed
Third THAT evidence has been admitted iul properly
Of The acts Of the alleged fugitive aud sso eiess OF
acts snd dsolsra'i.ns Of the claimant.
Ioorib. That all the tvidsnce adduce1 on the part
81 the cisimnnt a. to his title e. tne ssfsiees Of the
ersdfuptiTe n infsrentia 3, and thAt the las
viii intend no thing sgaibst liberty
fith. That the Gct under which The claimant seeks
e csIipre The alleged fugitive. is uneons1itutoas
I've Commiaionsr ,sid DO ttoaght that tbs accused
pfr'on ought rot to b. di'chsgs az th stage oi the
Nr waite then HANDED in urit Of talsls e,rpas
ron TIE supreme lur' iof che sgpeatsnoe . Henry
Lon tsturnsbls ~ To o'clock rEIvsssy morning.
Tbc CCmmissoner then tsld tho the srt of hI5esE
wcrId mctt certainly De chfycd hy him fas priso.
MARTIAL aad heisen adjourned the case " thursday,
rts sssuscd va, lmrnediately conducted % the,
Tt1bs ~ about tao hun1red poiicemea. NO disturb
ahce occurred, though tts conduct of one two OF
the ncers Of the Fourth ward. whose names hsys
ret LEARNED was ccaaied hy their rudeRess 10 pro-
duce violence.
In font Of the United stAtss Marshais ofcs ana ns
vicinity lArge body ~ coure1 pe1pie cOrSre-
gated st ga early hour anl among them a NUMBER "a
tmslts uatEithstaltInE THE inclemency OF the
ther yUt they huddsi toaethrr close conversAtos
Discovering the Probability Of thfit br1thsr escaping
the Ttnl ag cl args. very large BODY ef police
atieutance 20 see that we're carried With
NJ Hirtu "a Nj An la far. ~ fNa
0ufhofites, individual said 10 be n white man aBt
sf the abolition ende- aud speakers basn 20 81
trots the tssrmbigd cClorod people Hs abused the
Nashngtop Las -maEerf and reflected on che eharae
ttr 4 the immortal Washington fhis torethsr with
lsrprage Of very inctrg nature tenfing to canse
lreach OF the public peace the police IhQugh ~
high time 90 intffero, and The freatrr was feiuiste1
either 20 be qu or 20 issrs the place Thee requests
he r.fussa foaf rostivry couse uenty, he wastaksn
80. ..l. ~. 80 y. n Ton. h.lnra