New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-01-07
ALLEGED SLAVE CASE.
Fifteenth Day of "Summary Proceedings y
The Case Proceeds Shameless Attempt OF
Lawyer Western to shut Of Evidence Tor
Defendant-Happily Unsuccessfai-Tesu-
n Eufn

L. :. CIRCUIT COURT-Beiore Judge JudsOn-
In the case OF Henry Long, claimed a Fugitive
from Slavery, already referred 70.
Judge J. having sufficiently recovered from his
indispositon TO proceed, the Court opened az II
o'clock. The seats fer spectators were well filed
The gallery seats were occupied by cOOred people
The Judge stated that his indispostion srose
much from the effects OF a ial, from which ne IS
not vet fully recovered.
Mr. Western said he wished TO have this aw
fully tested. He denied the right of the defense
producing testimony. 1t is a summary proceeding.
Contends it is nothing more than an inquest and
lot full inquiry, so far as allowing witnesses 10
be brought up for defense. IL is mere inquest
The counsel for defense may cross-examlne wit
nesses, but nothing more. This case IS not to be
governed BY treason nor fanaticism public
clamor. 1t is to be governed by the Constitution
and the law. AS TO the rights OF the fugitive HIM
SELF will show that by the laws OF Virginia he
is not only permitted to establish his right 70 Tree
dom there, if he is a freeman, but the District At
torney is directed to afford counsel gratis to
party in such n case. He would not stand here
to be illuminated himself or permit the State OF
Virginia 10 be so. He compared 1t to a case
where testimony only similar to that presented TO
a Grand Jury. 1t is for the Court to say whether
the proof is satisfactory or not II not 1t VIII then
call for testimony on the other side: The law
says that the testimony OF the fugitive himself
shall not be permitted, and take it to mean that
no testimony either shall be permitted in his be
half-no opportunity afforded for false testimony
for the bringing in OF the higher law &c.
JUDGE think the term summary distinguish
es il from those where time, as In civil suit, Is
given,-in ordinary cases, II and days The
term means that the trial shall 60 on without
delay.
Mr.. Western read from Judge Story, in which
Judge S says IL the case OF iugtiyes, 1t IS oa!y
necessary for D11tq0 f0cie authority TO satisfy the
Judgment of the Court. Ii this decision is car
cd ont M ono QplaV.
expense, ard excitement. of several days examl-
nation, aud none will attempt to reclaim their
slaves.
Mr. White presented few words in reply.
The Judge held 10 his opinion that the term sum,
mary is synonymous with forthwith, and admitted
the testimony.
Mr.. White said he would refer the Court to one
or two remarks of Judge Grier on the subject. Mr..
w. then read from the remarks OF Judge H. IN
which the Judge states his opinion that the lnten,
ton of the Act in not permitting the testimony oil
the alleged fugitive himself was on the old prin-
ciple of law, that party should not testify In his
own case; and should not Judge g. continues
have admitted the testimony of the party even II
the clause had not been in the Act. The Judge,
however, expresses his surprise that any counsel
should attempt to construe 1t to exclude testi'
mony on the part OF the defense
Mr.. White, after reading the passage, SAID ne
would give the gentlemen on the other side the
benefit of the views complimentary remarks an"
ALL -,
Judge Judson said he had fully weighed the
subject, and is satisfied that the word summary
intended TO be synonymous with forthwith. he
would admit the testimony for defense
Joseph W. Smith, a stout built mulatto man,
sworn-Have seen Henry Long, the man sitting
here saw him at Bucks Hall in Church-st. near
Zion Church, in February, 1919 had seen him IN
New-York some time before; saw him so 10 the
middle of the year ls47; saw him from that to
February, ls4s, when | heard Buck call him by
name dozen or twenty times Society was IN
stituted among the colored people Of this City
called the Independent order of Good Samaritans
a Temperance Society, and we received charter
from the Grand Lodge of New York, and we were
DESTROYS CT presenting them some token OF our
gratitude for it; remember the circumstance oil
seeing Long at Bucks in February, 1913, from
the fact that Buck had very fine saloon 1t was
over his rum place, and went to see him about
it | saw Henry in the bar room Back subscribed
for the tribute we offered TO the Grand Lodge
have seen Henry at my Temperance Hall and at
other places since. saw him In the Summer OF
le47 on board steamboat on the North river,
where he appeared to be a waiter. The testl-
mony Of the witness similar TO that on his
examination before the Commissioner, alredy re-
ferred to
EH@aJfth DIXON young colored woman) steorN.
Knew Henry Long He boarded with me. he
commenced to board with me in Nov ls47, and
worked while he boarded with me, part OF the
time alongshore and part Of the time as waiter.
NV husband also worked down town. have
two children; one of them was born two years
ago last March. Henry left my house in Febru
ary. ] was unable ID board him any longer, ex-
pecting to be sick. The testimony for claimant
alleged Henry to have left Richmond two years
ago.
Emoliae StansBury sworn, also young colored
woman)-Know Henry Long; he came to my
house TO board in Jan. l84s gave him the paper
here shown, the paper exhibited before the Com,
missioner in which she stated contract to board
for 81 % per week gave the paper to Mr.. Long
he boarded with me two months; know the day
he came TO board with me, as my father n-law
went 10 California that day in the ship Harrington,
or some such name his name was Peter McLe
sL gure Henry is the man that boarded at our
ho, G; he came 70 board with US from Mrs. Dix
Ons. in Elizabeth So.
The witness was asked to write aslmllar memo.
to the other which she did.
LOufs T0ppan afimed-The paper here shewn
THAT alluded to by last witness was in posses.
sion of Henry Long. After his arrest be stated
10 me that he had some papers in his pocket book
in bis trunk which might be OF service to him;
got the pocket.book this was among his papers.
John Butler lcolOred man sworn-Ths witness
testified as before, of having been employed as
coacbman to Mr. N. stuyvesant, whom he lefttwo
years ago in February next; saw Henry ire
Guently for about 10 months before left first
met him, to know his name, IN February, le49, at
a ball at Maugers.
Gideon j. Tucker sworn,-The ship Tarollnta
(which the former witness testified as perhaps
being tue name of the vessel in which her father
in.law went, and was the day in which Henry
came to board at her house, sailed from New York
for California in January, 1919 recolect the cir
cumstance from having had brother, as Passen-
GER on board
The testimony here closed. Argument as to
the case will be presented this forenoon.
Ohio Teaehers' Association.
On the goth the following resolutions submitted