The New York herald., 1850-12-28
UNITED STATES coMMissIorKR's COURT.
Beio-e Chss. M. Hall, ESQ

DEcyMRrR T.-After the termi aation OF the discus
fugitive slave, brought before the Com missioner
Mr.. Jay asked for the suspension Of the proceed
s-fvpr the Marshal with writ Of aSsss csrpas ssusd
BY Justies os~Pbe Of the Superior Court, and 10 was
The MsrsbsI said he ,hosld obey the writ, ana ss
called upon Hsnry Long to accompany him
MT wsstsrn said III there , was superior power her.
that Henry Long In his custody but under
animation before another tribunal Mr. w. then said
pose Of defeating this examination be moved for this
certificate of the Commissioners ter the rstarn Of Henry
Long to the claimant.
Commissionsr-wata . moment.
Mr western-rhsn, air, We may have another W
The ComEissonsr ,aid he wished TO ask Doctor Par.
MT white objected The proceedings had been
closed sy the be ,s iOI the % ana on the
Of the sllsgsd fugitive, which denied by the
Commissioper. lie then contsnded that the defence
had right TO 60 on with their next.
The Marshal here again entered, and demand ied the
body Of Henry Long.
move him nom before this tribunal. He (Mr, wes
ternl would take upon hmtelf the responsibility Of
the Msr,hsl not making a return TO the writ
The Msrtball raid that he would obey the writ.
The Commissio nsr-Does the counsel for the
claimant with to produce any other testimony!
Mr. Western No, II the csse is closed
Commissioner said he wishea to ask Doctor Parker
be had knowledge Of the ex,tence OF any title
deeds, paper instrument by which DR.. Smith held
cOu-
fss.d he WAS not certain that under existing circum
stances he had right to put the question now, and
be sbould not do so
Mr. western offered another witness
Mr.. White asked II they were 20 undorstsnd the
counsel for The claimant that he one moment declares
lie has closed hs aud In the he offers further
testimony. Upon what point or pretsxt the counsel
comes n and offers another witness he could not see
when was already decided By the Commissioners that
the evidence sufficient for he 80 decided when he
refused application for the dsehargs Of the alleged
fugitive, upon the grounds that the evidence uas In
suficisnt.
The Commi,,ionsr said he had decided AZ that stage
Of the proceedings that thsro net sufficient
for tbe-cisoharge OF he man He the Conmssioner)
had bis doubts, serious doubts, whether he mad any
authority % permit the counsel for the claimant 20
introduce any further testimony lie must cay 20 the
claimant that he is not at liberty to do 90.
Mr.. Wettern excepted TO this ruling. The Conmis-
sioper be said, had asked him but few moments
tinee, u he had any further testimony TO offer
Mr.. Jay then raid he had drawn up an aihdsvit for
the accused, which 20 the effect that the said
Henry Long maketh oath aud says that he does not
owe labor or servitude TO the claimant pr SMITH but
that be uopg) h resident aud Tree citizen OF
the State Of New York, aud that several persons
nsmsd are material vinssses in his behalf and ,csn
testify TO there fscts IL aleotsted that having been
cophned In gael since his arrest he had no opportu
tunty OF their attendance but AZ they we're
iesideNts q this tity, they could be brought here
Henry Long va, s-orn 10 The truth Of this statement
Mr. DAY usr raid hat be moved the UonnisdoneI
10 acjCufn the PfoctCiDgs for kert time aud grant
inbrnpas TOR these persons named a. witnesses. lie
tcounseD Vrorossd 60 prove by them that Henry Long
IL ne man, ana does not eve saDor
Mr.. Western objected 70 the sdIournnent; inthe
first place The ectused prohibited ro making oath
IN this ard In the pprt ~ the act the 1att s
not entitled TO be read The sccused hathad sever al
days 20 obtain the attendance of thete Witnesses ne
las had able council, and has been every day sur.
rounded here with hosts Of friends.
Mr.. White remarked, that tse AN iavit u not made
BY the alleged fugitive for thespurposo OF establishing
by his own testmt ny his freedom a. heis ad nttedlY
not con petent witness IN his own cae; but there u
nothing IN the act prohibiting his making ahosth 20
prycureths testnt NJ Of ytnesses who are competent
The party is claimed as q fugitive rom labor; he
tvters he does not oEe labor or servtude. aud mks
for the power of procuring Witnesses 20 establish this
fsct. lie tcounesD sure that the Commirieher
veuld not refuse 20 issue these subpgnas ana grant
an adjournment for few hours, -hen the case IN.
life, Of man who declares oath that he is free
man. he was certain 70 was not the inherent desire
OF The Gem missioner not 20 grant man the oppor
tunit1 Of proving his 10 vas ceurs granted In
courts OF Justice every day, In eases not voving
liberty but matters money, and to small amount.
The Commissioner said with regard to the molten
Counsel are well that this case vss commenced
en- Monday lsst st O'Clock In the afternoon; the
examination vent on, and At night vas adjourned 70
next day At 10 o'clock; he 1.-THE Go mmfsonerl was IN
Ger the impression that the c.imsnt hnished bis tss
tmony; the counsel for the def.rce produced an
csvit In which they moved 10 adjourn the case he he
onmisoner) being disposed 90 grant evsry privilege
tdjourptd tbs proceednss on Tuesday, the claimant
went on with bis evidence, and re examined Doctor
Parker; when the clsimsnt got through h. (the Com
any evidence they had; derstood ihsm e refuse 4
produce nny evidence; or " the word refuse is te'
strong they certainly 70 do 90 and the mat
ter ftood adjourned 20 Thursday am ceftai nj
cesifous OF giving both psres sufficient time consist
ent wih my duty. Ueon this motion under these cir
~. III. ali n. l.nt.