The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-10-20

nod-cAfnef. was arrested a. the slave OF Thomas 7.
lore Judge G'ier OF the United States circuit court when,
alter some remak Re from the Judge about his deiemina
on 70 execute the lazy as he finds IT, the hearing of the
case was postponed MI this morning.
ms morning me court assembled. Justice Grier pre-
siding The slave Henry was brought into court attend
Robert p Hare. and William J. Pierce, esqs Henry was
keptin the marsha's Office all night, under the mmed
ate eye OF Marshal A. E. Roberts, where all his wants
intercourse with his friends as Was considered proper up
TO late hour at night His counsel were also with him
until 10 o'clock No attempt disorder or violence was
hour OF the hearing not having been announced in the
morning papers, the crowd OF colored persons not
great as might have been expected but still the con-
course was great The slave was attended yesterday al
ernoon. and again this morning, by committee OF the
old Pennsylvania Society for Promoting the Abolition Of
Slavery This committee on behalf Of the society," dis
in reference TO the slave law. They stated 10 the
court that the society had already held meetings for the
81 s s
that the society had prepared address to the friends Of
abolnon as well as 70 the coored urging them not
judge highly commended this course and said il was just
such an act he would have expected from the worthy
gentlemen connected with the old Pennsylvania Society,
many Of whom was his pleasure to be acquainted with
Hugh w Tener appeared for the claimant, and the Judge
acted as the commissioner himself this is the first case
under the law.
AT the opening Of the court the Judge stated that the
slave was charged with having absconded from his
ter to whom he held TO labor for OF years,
De free at 30 according to the will OF Margaret Sanders,
his former owner.
Hugh Tener esq., arose and said that he would adduce
proof OF the slaves identity without argument and If it
did not appear 10 the satisfactorily that Henry
the property Of the late Benedict JONES' OF Maryland and
now belonged to Thos Jones, the present claimant,
and executor OF the last will and OF Benedict
wills Of Margaret Sanders and Benedict Jones were then
offered and objected to by Mr. Gibbons not being prop
ery certified under the act Of Congress The act Of Con-
wills offered were merely attested by the register OF wills
in Maryland, he commended that il not such at
tesation as the law Of 1870 contemplated. The judge
said that this court bound to know the laws of all
the States and no one State could be treated foreign
State The 9th section OF the iugitve-save bill was
read by Mr. Gibbons.
Judge Grer said that he was compelled to know and
recognise the seal Of every State in the Union.
Mr. Gibbons argued that the seal appended to the will
before the passage Of the fugitive slave BILL and was
therefore not such one could be recognised under
the act OF Congress Of 1890
Mr. Tener sad that he did not offer the will to prove
that the claimant the executor OF Benedict Jones' but
that he is the residuary legaiee
Judge Grer said the party had not taken the course
prescribed by the fugitive act. He might have taken his
witnesses before MAGISTRATE, and established his claim
ex parte which would have been conclusive upon the
property and identity he must be regulated by the orna
ry rules of evidence. The law had pointed out plain
and open track and. as the plaintiff had not pursued it,
the could 90 into all the circumstances The
paper appeared originally 10 have something ike seal
attached TO it, but what il had been could notnow be told
The willis must therefore be rejected for the present AT
hdavits should have been taken that there such
person as the slave Henry, and that he the property
of Mr.. Jones.
D. p Brown said, as this was case Of first impression
the whole matter OF proceeding should be clearly laid
down.
Mr. Tener offered certificate to prove that the magis
trate who signed the affidavit is magistrate OF Maryland
prove.
Mr. Tener offered to examine wiinsss to prove that
Henry slave of Benedict Jones' and that he escaped
from him in s42 and that T. p Jones il the executor of
his estate Afdavs describing the slave OF b. Jones
were read but appeared to be very indefinite in their
description
Richard Semans sworn | live in Philadelphia for.
merry lived in Cecil county, Maryland have lived in
Philadelphia since last February year Mr. Gibbons
here nerposed. and said that The law required the judge
who hears the case 10 take down the evidence himself
that j. may be certified to by him; which view also
sustained by D. p. BrownI knew the negro boy Henry
in Cecil county, Maryland it was said he was slave
he was in the employ Of Messrs B. and r. p Jones !;
they claimed hun their slave; knew him eight years
ago, al the lime he left was born in Kent county and
removed TO Cecil county. became acquainted with this
boy in 1898 he then in Mr. Joness employ whether
he was then in Sanders estate tell can't say
how long he continued in Mr. Jones's employ; he left
Mr. Joness employ in 1912 he was known and recog.
missed IN the neighbohood belonging the estate OF
Benedict Jones; when he escaped he in the employ
" b. Jones, and was said to be his slave, and believe
HIM TO have been co. have seen the prisoner who has
been arrested be is the Henry; have no doubt al
all; b. Jones died since have been in Philadelphia
was SAID denIy was save Tor Term oil years; can't
say how long, but heard he 10 be free time Mr.
Jones said he was about IL years old; he was
pued; his time bad not expired when be left Mr. Jones
he was not set free by Mr.. Jones.
Cross-examined by Mr.. Brown | am 20 years old
the 23h OF next January; my first knowledge OF the boy
was twelve years ago; not then years old
lived on the adjoining farm moved into Cecil county
10 1897; am not related connected with Mr. Jones,
the claimants we were neghbors and friends can't say
that had known Henry residing with anybody else,
previous subsequent 10 1888, as slave; was in
formed by Mr. h. Jones that he was held as slave for
term OF years, and not slave for life can't tell
when Mr.. Jones so informed me I; as as rec
olect, about lS40 in speaking to my father having
hold oil his hand, got the information; can't say that
have heard him speak OF II since il AT the house
OF b Jones that heard it; he asked the question
by my faiher II the boy Henry belonged TO himself Mr.
Jones said for term OF years; have no recollection
that anything was said OF the time; don't know il my
father asked him; can't tell why my father asked the
in is4o; the election OF General Harrison fixes the
time was after The election; but can't say whether
was before the Inauguration; last Henry in l5i2,
al Mr.. Is. Joness not in company with my father
was at work with Henry the farm | had no con.
versaton in particular 10 his being slave previous
to 1912; recoect conversation definitely previous
to ls40 that was the ground upon which speak, and
hearing II from The family OF MIR Jones; never al that
time heard for what term OF years. but have since;
continued living in Cecil county, Maryland, until next
February will be ten years; have not Henry since
sf2 until yesterday he bears mark on his right cheek
by which can identity him, and by his countenance 4;
recognise him as being the spoke Of the mark on
his face before saw him yesterday and directed my
tenon TO IL in company with Messrs. Jones and Sims
There was a doubt upon my mind, on entering the
room, az TO his identity, and expressed it to Mr. TIP