New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1850-12-25
ALLEGED SLAVE CASE.

oHi-SatCtsSiHi Application OF Eabea4 Cor
pHs-Case ngnin adjourned.
UNITED STATES COMMISSIONERS OF.
FlCE, before Commissioner HALL, JOHN T
SMITH, vs.. HENRY LONG
inihe Matter OF HeNsY LoNC, claimed by Nr Parker Of
Richmond Va. fugitive from Slavery and berg ia
property OF John W. Smith Of RusI ell conay Virginia
The examination in this case was continued
yesterday, Mr.. Henry NJ Western appearing as
the counsel of Mr.. Parker, and Messrs Joseph /.
White and John Jay, on behalf OF the accused.
The office in which the examination WAS held
being very small about ? by "A feet application
was made by the counsel of Henry tor larger
room, it being desirable from the mpossbiity Of
witnesses aud parties interested being able to OBJ.
tain admittance, and also from the want of ven
tIation and accommodations as to desks and
chairs for counsel
The Commissioner was disposed to grant tue
request as was Mr.. Tallmadge, the U S Marshal,
and it was suggested that the Circuit Court noon
of the State Supreme Court was unoccuped, aud
might be had or perhaps the I. S. Court room.
The Marshal returned after short time aad
stated that he had consulted Judge Judson. who
thought the examination should be had in the
building of the T. s Court, and the Marshal said
be had changed his mind to being willing to
have it in some other room Mr.. Morton. Assist
ant Clerk OF the District Court, said he would not
have it in larger to let the mob iu Mr.
Western thought it was proper to have the ex-
animation in the L. S. Court building, under the
flag of the United States Messrs White aud
Jay remarked that wherever the Com missioner
| held the examination, so long as it was anywhere
in the Southern District that would be the u 8,
! Court and they were yet 10 learn that the flag OF
the United States waved exclusively over the u,
S. Court-~its folds were alike sacred over the
| State Courts. Il was stated to the Commissioner
| that Judge Judson said he would be through
the cause he was engaged in in about half
an hour, and the Commissioner might have
| that but the Commissioner hestated and said
they would go GA for the present there. An
evident desire existed ON the part OF the OF
fcers of the Court not to have room IN WITCH
there would be large crowd. Messrs W hlte
and jay, during their remarks, stated that
the citizens generally felt deeply interested
| in this law the Constltutionaity OF winch was ex-
tremey doubtful, and its morality denied, and
they had right to be present at the proceedings
| in regard to it. This room is wholly unit, and
partalSes of a star chamber examination. Mr..
| Western said he observed a number of reporters
| of the presa present. which was good, 50 TAR IS
the information of the public was concerned, as If
| the walls were far more ample-the proceedings,
| through them, would spread on the wings OF tue
|
would be given to the public, and that public, by
it's voice would punish any Counsel or other per-
sons connected with the proceedings, who did
wrong. He was opposed to encouraging this
mawksh curiosity OF the public to be present at
such proceedings The Commissioner, on his part
seemed grieved to think the remarks in reference
to the room, were intended for him, as he had no
control ever the matter, that belonging to the
Marshal. The idea of intending to refer to the
Commissioner was promptly disclaimed by the
Counsel.
The Commissioner thought if all the spectators
were to leave the room, and only leave those that
were obliged to be there, they could get along
comfortably. An outer adjoining room, the door
to which was open was then filled to repletion by
spectators and witnesses, as was the large hall or
entry and vast numbers, many OF them being
colored persons, were outside. A very strong
body OF police were in attendance.
The matter, after a time, was arranged coun'
sci obtaining temporary desk two reporters OF
the end of small table, one kneelmg on the floor
writing with his paper on his hat, and two or
three others standing up holding their paper In
their hands Mr.. Lewis Tappan, and two or
three other gentlemen, who took deep interest
in the proceedings, were permitted to remain ia
the room, but there cOOred persons prea.
ent except the accused
Mr. Western said he wished to ask Mr.. Parker
a few more queations than those Of the previous
dav and introduced another witness, when the
case would rest on the part OF claimant
Mr. w estern then wished to show by the de-
caratons Of Henry himself while in Richmond
that he was the slave of Dr. Smith. This was op.
posed. The act, Mr. White said, seals the mouth
of the accused on this examination, he IS not per-
mitted to say word for himselt-in Virginia, too,
slave is treated as mere chattel, his testimony
is not allowed in Court ofjustice where white
man is concerned-and ii the law prohibits hm
from speaking here, and those OF the state from
which he is alleged to have come from being
witness there surely his declarations IN Virginia
cn,. not be admitted in this examination me law
apenalone. and the Commissioner is bound 70 keep
| within the yu es of legal evidence. No evidence
has been shown here by which to prove this man
was slave, no tl,tle to him established except
that he was said in l. usseH County to De save
and that he was hireo QUE IN hlGhiionu. iH .o
counsel made some eoque.nt appeals IN regard 70
the matter. and the proprietv Of keeping within
the law. The Common Law and the Jaws Oh o.
| New York deem this to be n en'an anu ~
can only be shown to be otherwise by ieBai ovr
dence, and to give no intendmen! to tn law
which Is bad enough without it.
The Commissioner excluded Testimony as t.
the declarations, but said he would permit his acts
| to be given in evidence. question was asked
as to these, when Messrs. White and Jay also
objected to their being admitted-itiso only anoth'
err way to eyade the law, and make the accused
give testimony in regard to himself and is no
| criterion; it has been shown by the testimony OF
| Mr.. Parker, that free coored men in Virginia per.
form similar labor to what the slaves do, SO that
showing his acts is no proof OF slavery. Mr. Jay;re'
ferred to the fact that free colored man may be
made slave in some States of the South, and
perform slave labor. 1t ia the law in South Caro-
lima, said Mr. Jay, and believe in Virginia, thai
where free coored sailors in q vessel from the
Northern States, or elsewhere, enter their ports,
that they must be put in prison and kept there till
the vessel is ready when the captain can take
them on board by paying charges, but if the cap
tain omits or reiusesto do so, and leaves them De-
hind, they are sold as slaves. This shows the
danger of allowing acts to prove the right of an
individual to hold another to slavery. Other re,
marks were offered, and starkee on EV 49, ana
Roseves Criminal Evidence, 81, were offered in
proof Of the point. .no u.o