The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1851-03-03
give his decision in this important and interesting
case, as follows:


case, as follows
%h ga sss q sss
snS 70 the t s"y s%s
fence ssanst the United States to arrest. Or bal bail
The party as the case may os 1 Of the Offence
To obruct the or hs s,
ss s . Gns apo s as "a! adg
,s h % % NJ az :
fugitive from service or labor pursuant 10 the ac
he once as oeated by that 7h section,
ecnng attempting rescu: such fugitive from service or
Or other persons lawfully assisting when arrested pursuant
70 the given in the act ct ot sRs q an
:os his or bsa Psr % .D1
say by this act to hold or restrain such person
It " nude the duty of the Commissioners having concur
rent jurisdiction therein with the Judges Of the Circuit and
& S he
all such warrants and precspts when TO them directed
..ued hs '"f preliminary evidence
sSosd Ho alleged to Be set
vice labor in the state of Virginia. h. according ,S ssg, to
Attorney Of Rs person. to Whom such labor
DUE And the Marshal make; hi. his that II sdsnSs
and then had him. w.t. the day OF an alleged escue
It has been oecsd the defence the
Of the ee are ss except the os
Of that case and thu Rreys sSS bs ha = Al the
%s 1e
90 held under arrest pursuant the of Sept 49, 1850
% Ss a a
ohs for hs s s. Of h: sya. ms
while the want other place of custody provided BY
states mob burst into ths room. and again,
the resistance Of the Officers rescued The prisoner
for he defendant that The prosecution
5 % s1 s ss .
service and labor by the laws OF virginia This would m
he Claimed that the hsans Of carse Of The
o.ncs Of Of the the the @ a. m % %s baIs ns
oud be for aiding in such eseape The hearing
matter but the present hearing only preliminary dis;
charge holding the party to an,eE % Hence if hs ground
follow that every case & Of , an 2 may bs made
could not be determined after the escape.
II the objection does go to h. extent bat only
cued iugilye from labor, and caimed
snS is s % Of a
claimed oonnsetsd With The arrest and return by the es
The person sIrs,ted under the warrant.
Tbs sttb section Of the act refers to the person who j.
ard his relation usu thl hearing the claim sha
sns. ,o %ss, n" % %
pursuance to he authority given by the act 1 this view
Virginia IN of the at and the testimony of Mr.
fsc mind, in making out pima aes this
point ,.c, ;e..,. ;.., ...,..,;.pe
that the wrong person was arrested or that he was not
fugitive under the suiute but SUCH evidence has been
those who would probably have defended him, that
been avsiaben be received at least in preliminary
rqu=i. tending to prove that no sucn ground could be
other form OF trial where the construction Of the law be
Indicay settled BY eompetent tribunal but in this pre-
mlnaIy hearing, il not duty to set aside the law
| NICE critical or technical objections.
offence contemplated by the 7th secton) sufficiently
The only remaining inquiry is. whether the offence charged
P @Is % S, ,a s de nd on 5
gully. The simple here is Gas in all preliminary mat
fri n DSs s an ,Ssss not
, @ 'ePs I Gs ,.aa the pro b1Ps for a.
hays effect the guilt or pnoperee OF the defendant
and only determine whether he shall shall not be het
zanee OF the alleged offence
In coming to decision, am bound to take the NANTES
weight OF the evidence il it make out such in lh
be., discretion OF the magistrate would require and authoz
Grand Jury to tnd tue bill of in iicment, and an
obliged come to that conclusion. without doubt o
The reasons for this Conclusion it is unnecessary to stat
s hss h' ha h ao. :a
previous concert or design not material I..ac
that he was present and the nature and i'm
OF the duty OF true reporter have been well sate'
the PLACE and the refusal depart within ihs
vince Of regorte and if that ,ege wa. use to defy lh
you'd be rather an aggrayaoa than ustfeaon Of tn
dress to the prisoner is resaded in il. bearing on the de
sndaDt only tending to shsw Of and predi;
which so long as it d I%sp T., law the book
ns aws good aDd be en-
forced against every who no, content be goo
law requires of him and that not rss, with viosnce
ns 9i III.
provided there is resistance to lawful process and to III
other law for himself and carries out that enerpretatio
breach oflsw, aiding that breach in Others, the
upon TO interpret his interpretation and apply the pun'hme
The defendant, held to for his opinions.
been suggested for the defence Every citizen hold
S5 a
o n . aw bs h G q
ac as the law holds to answer who voate it, sanctions
unm.ds br The majority the eiilen who knowingly and "
fully violates law conmis If. G crime ap.t S himself a. vel
Of all law for the of his properly and peon he
laws gives him. violate particular law which he may d
approve and thereby set the example for rendering socis
e These sugss:lons are not Immediately applicable to
And s had . no s, in % n ,S
Of adopted b sy one Of the sendsns ms
gers and the due. that US. Of the Co
!e monweaIth and of ths Union.
mainly BY The bearing Of he testimony ps1,
about the time the rush was made By the res rescus n from
outside that act fs T either preceded or ,s n. BY
on o% The nd defendant and one Ghsr nss, he,
ao sSe from any person outside Of the aDa
the circumstances surrounding the defendant the
Mr P Riley saw tks defendant standing the Jury sea
n sq s %s. s M b e
when he left the prisoner and rushed the door, be
pressed between the baze door and the Judges BENCH
ss and od Cd him would d shoot % him stir.
s
hi simultaneously with the rush OF the mob, which
$; lowed, accompanied the call to come in.
IA, The testimony of Mr. Davis for the defence. does
necessarily conflict with this of the Government
me testimony; lie says that when he o9t he did not
the defendant at all that he slipped he black
the door. and then the door closed mmedat
s he s b @ fingers u Or Ge bss bs0 and he sds de Gn 10
ak here it OF that nature that it the province of jury
ed not Of an eIam'ng mag strate, to settle i.
lad IL the call made by he defend ant it
lad have been only for the of inviting and aiding
because at that time, the defendant knew that
Marshal had directed all but the officers retire, with
OF keeping The prisoner in close custody, and none
the the officers the prisoner and the defendant were there
ing mob broke in.
one and the conduct of the defendant, before and
time would plainly to within the provisions Of
The defendant has failed explain the evidence against
the here; y hope he be able to do elsewhere
lin The def ndant ordered 9 recognize IN the sun n ct H.
had Court United Ssies be holden in Boston,
ling third Tuesday Of March next.
mr. Case against Shadrach, the Fugitive
III AT 10 o'clock yesterday, according to adjou
Dom ment from Saturday, George II. Curtis, Esq, U
7 : ne ne Commissioner, came into the Court room to
" not coed further with the examination in the case
use the complaint against Shadrach, as the tugl
,htng ,hg slave of John De Bree, claimed by his AGENT
III Cuphart.
the Col. Seth J. Thomas, counsel for the compl
,gen ant, alter referring to the postponement, INC
~ 1871, To- that Shalrach br brought into Court.
had Mr. Devens, U. S. Marshal, who arrived in
IN city on Monday evening" and was in Court, ST