The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-01-01
United States Court.
Bete-a !Sdgs Judson.

SLAVERY
DIE 3l-This case which was post pom ed on Monday,
before this court this morning Mr Jay, Of coun
sci for the alleged fugitive read affidavit, on which
he moved to have Henry Long discharged.
Mr. Western, counsel for the claimant said the ques
ton had already b. disposed Of
Judge Judson remarked that the history OF the pro-
oeedings of the day could not be msunder
stood The statements contained in the affidavit were
contradcted an evidence was produced to show that
the proceeding before the Commissioner was discen
tnued before the warrant Issued then decided,
raid the judge as decide now that 1t was disconin
ued The affidavit, consequently, will not be received
MT Jay-lf the court will allow me to say one word
in explanation.
Mr. Western-If the affidavit were received, would
be com PEELED to deny it under oath.
Mr. Western then proceeded 20 call the witnesses on
the part Of the claimant and DR. Parker the agent Of
DR.. Smith, the alleged owner Of Long was put upon
Mr. White objected to his testimony being received
as he was interested witness. According to the
Laws OF Virginia. Dr. Parker was entitled TO certain
and delivered up fugitive slave.
Dr. Parker then executed release of all claims for
Mr. white stin b5ected to his ts,timony.
The &c urt decided to admit the testimony.
DR. Parker WAS then examined, and proved the iden-
tty OF Henry Long the slave of DR. John r smith.
Mr. White objected to the evidence so far as the adj
missions Of Henry Long concerned on the ground
thst by the act OF $50 the testimony Of the alleged
fugitive shall not be received in evidence Again by
the laws Of Virginia his declarations would not be re-
ceivsd. and are Of no weight
Mr.. Wood in reply said the question does not arise,
as the declarations Of Long not put in evidence
Long to show he was in condition, owing service to
DR. Smith We wish TO show his acts, not his deoara-
lions But he proposed to give his declarations also
and willing to meet the sbjection - at any
other time Whenever party can't be com etent as
witness, any declarations OF his operating against
himself may be received against him. Admissions are
always considered the best evidence. Long Is
tally party in the case and his admissions Of
Mr. white continued to contend that II they had
right to give the testimony OF the alleged slsve
In evidence, they could not offer his declarations 1t
Ia Ia AZ ha IN
the the instrument OF evidence for the claimant
While the law declares he is incompetent witness
for himself the dtrese in which the party held IL
slsve, ALEC precluded the declaration as incompe-
tent.
the admissibiy Of acts as evidence with regard to
declarations they would take IL into sheraton in
the Disposition OF the case In some Of the states
II had decided that psrsons In interest should
not be dsqusllihsd as witnesses thai. persons ac-
outed OF crime should not be disqualified a. wit
nssees. In the state where he Judge Judson)
hives an instance of that came before him party
charged with crime offered as witness and the
solemniy argued ss Il has been here. The
state t. whish he had alluded found that course
prejudicia to the criminal himself that the Law was
pssled 1t was prrjudcial to the accused, becsuse
man charged with q crime was not offered as Wit
toe jury took 1t as evidence Of his guilt and,
put on the stand, bis cros.examinston might tend
to have pr Judicial huences against him The testi-
mony offered In this will be taken nisi, 10
b. admitted as the court may hereafter determine.
Mr. White objected to the Introduction Of acts .
we'll as declarations
Nbjectton overruled, and ruling excepted to-
The examination 81 Doctor Parker then conti-
Iued and was in Effect similar IN that given before
the Gem missioner He said he had written letters
Long to hs master and to his wife when he miss
ing in Dteembsr a. advertised him, and went to
the house OF biz wife 20 look for him
Council thought you said bis wife lived hun
bred miles away
witness Yes. but he had two wive. daughter, Mr.
Parker then described the arrest Of Long at the pa
cihc Hotel Long,dd cay anything at tbs tina he
was arrested but he Afterwards said that he knew me
Hnd that " was net worth while telling lie about ~
an a. certain that Long l. the man az [ am of MI
idtntity
Cross examined became acquainted with Doctor
Ruith Ia Russell county about years ago:
was not then practitioner Of medicine; was then
clerk In the land Office In the ca pitoi, di not
Doctor smith purchase the alleged ,lave. nor huve
sesn my title deeds Of the ownership: have no
knowledge Of my own. but what have lteady stated
1 David Wade war next eyRmiued-I nave resided
most Of my lie ia Christiansburgh Virginia know
the lottd man. Henry Long; | have known him
nearly al my life he raised in the town with
nc we we're cltltren and boys and men together; he
slave s his lif, he belonged 10 ths estate Of
MI Anderson. whose daughter Doctor smith married
and INHERIT, him, know His long ~ mothsr shs is
slave, left her a slave fe months ago; my uncle
matfisd Mr Anderson widow aud the division Of the
property took place when the youngest child came OF
Dr Smith got possession OF the By his wfe
Long master INDUCED him very much and permitted
him AZ one time 10 open little oonfectioners shop
where he also carried on the business Of barber his
mother IL old aud supersnnu ated aud though the pro-
perty ofDr Smith, she s not claimed by any one but
~ allowed 70 80 about among the children; I hsve