The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-04-06
THE NEGRO EXCITEMENT IN BOSTON.
EXAMINATION OF THE ALLEGED FUGITIVE.
Further Postponement Of the Case.
>-<->ro>>~>~<~-~>~~NN
The Military Ordered Out to Preserve Peace,
&c., xsc., &c.
from the Boston Bee. April 8 /

slave G. q. Loring and Robert Rantoul Jr. and J E
Sewal Esqs., for Simns
Mr. Thomas proposed to put in papers to identify the
Claimant
Mr. sewal asked for postponemcnt Of the examination
l thc purpose OF looking into the papers and points of
Law in the matter.
Mr. Thomas contended that there was not the shadow
OF doubt M to the prisoner being a slave.
Mr. Rantoul thought delay should be granted,
time had been allowed to examine into the lie
had just been called out Of his Office and had not heard
o word concerning the matter until within few mo-
meas.
hear all such This did not imply haste
In the premises. Delays expensive to claimants,
and all due despatch should be used 1t had boen sus
gested and the ption that the prisoner
free under the law of Massachusetts, but not under that
Of the United States He of opinion, under the cir
cunstances, that the papers should be heard
Mr. Thomas now read certain papers IN proof Of the
identity Of the prisoner. Thomas smms The documents
endorsed in due by the proper authorities
ofGeorga. By those papers it was shown that Smms
papers gave very minute description of simms.
Mr. flames Potter, Chatham county, Georgia, is
Ed Barnett called--I know the prisoner; I have
known him for the last ten months know his
Be Thomas simms; have known him in Savannah,
6corgih have worked on the scafold with him
worked with him last August and September worked
brick!sying; ! asked him il he was free slave
he tcid me he slave. that he belonged to James
Potter rice planter Potter lives Il miles from Savan
nah, In Chatham county; know his mother and sister
Potter
Counsel here objected this testimony on the ground
Cosanissi9pcr Curtis rglsd that if legal objection
Vii fused Il codd.... pr6ee4i
Mr.. Thomas wished to snow that simmss wages had
been paid over to his mother agent for claimant
Mr.. Loring contended that twould be necessary to
call the mother to show this point,
Testimony resumed-Sinims said this woman was his
mother said he .iaye and had to pay wages, so
much month"; did not him pay the wages; paid $40
month. 1 was in Savannah one week ago to-day l
the prisoner in Savannah within three months. 1
have had conversation with him since arrived in
this city. know Mr. Potter personally do not know
his signature.
Jas N Bacon callcd.-I know the prisoner perfectly
we'll knew him at soryice in Savannah Last saw him
in Savannah the Goth February; he held slave
have his moth.r take his wages; have known him
for ten years he lived part Of this time with ms mother
In Savannah reside N savannah reside within sixty
seventy yards Of the prisoner; have seen him from
three 10 six times day. cuia not say positively that
had convcrsaton With him about his being slave. Mr.
Potter is his master h" required Smmss wages to be
handed TO his mother INNS left Savannah I'D Febru
ary; do not know y how he left had personal
knowledge II his dep from the city, was said to
have gone OF in wsg,10 cut did not see him go.
"A power Of attorney here shown the witness, who
identifcd II a. the sig James pottcr Resaa,d
am the attorney nam the paper have been present
when wuges were tau about between Potter and pr
soncr am the person ancd in the power Of attorney
Have been present views between claimant and
prisoner when wages accounted; II was six or elght
months ago.
The Court was nov >e y to hear counsel concerning
Mr scwai desired i.ily tin Tuesday next
Mr. Thomas objected o long postponemcnt. The
parties as had been by the court would b. put
TO and g.r. Expense. lie contended that
the idcntisy of Smm been shown, first by papers,
and second by conpet Z, s.tnesses
Mr.. kuntoul said tnct he case was mover one anu
that II could not be exalaued In momont. lie wished
10 have prepare tfv cDssitntionality
Of the case, which had been yet fully argued lie
wished carefully TO examine the testimony IL was ne
eessary to examine q Although y might De oniy
question Of property, time should be required. In
addition to this il might involve personal liberty A. to
the expense, IL was net great.
The Court stated thu. specific points had been pre-
sented Ly the dcfcndAa.s-ho facts had been named
which they intended how. lie therefore thought
twenty -four hours wc, ~ sufficient postponement
Mr. Lorug thought Ftcson Or persons eould IN the
time which they had l'sn he case state what their de-
fence would be.
The Court did not .celn that the could be ar
uucd tomorrow but alt the counsel could state what
points of defence they ',cnded TO make. III sufficient
were then sh va further postponement w0uid
the Court was then a., ,usncd to this morning at 10
The following l. the warrant npon which simm, was
arrested -
M.uscirrsrr1s DIsrRcr, ~. !
To n, Marshal IF Bci Of Mass1ehasetisi or either q
In the nsme of The President Of the Cnitcd States Of
America you hereby commanded forthwith TO appre
bend Thomas sns = ~ sea - ?, v N your a ss
vice In the state of tf he may be found IN your
prccncts and have a. s.hsith before me- Que ot Tue
Commissioners of the .scut Court ~ the United states
for the ssd district at ut court house IN Boston In the
eaJ district then ana shore 10 answer 10 the complaint
of John B Bacon. of city 0f savannah, In the state
OF Gcora agent aud .srncy ~ James Potter Of the
county II Chatham. la ssale aforesaid alleging under
the said Potter In th state n Gccrgia aforesaid anl
praying for the resor.i q the said Thomas snms to
with according 70 law
Hereof fai and due return q this writ with
your dorgs thereon. b,f - me.
Witness my hand stal at Boston aforesaid this
third day a April In "a yar one thousand eight hun
drcd and hfty-onc. GEORGE ]. CURTIS,
Commission 4 the Circuit Court of tho
United 1t4.,s Tor Massachusetts, District.
uyu.D Starts % AsrRIcs.
N,~AclUsrrrs DtsTRtT -. !
B1sroS April . i,iL
Pursuant hercunio. Lave arrested the within nam.d
Thomas simms, and him before the Comms-
siouer within named "a ANIMATION.
IhEDERfCK y. BYRNEs.
A true copy, U. Deputy Marshal
Affect. fRrufrcR d bsHNG
q. = DcI4ty Asr~hal
Prom the L ga Herald, April 81
We understand that military have received orders
tobc hand this ev,r'l with bail cartridges An at
tempt en- the part a btcks. 70 rescue the slave
sinms. tonight. has L,n whispered about the Court
House throughout tn, 60 bit trust that that game
win not br tried lime II - there viii b. NJ
chd's play the par tn city authorities We are re
joced a. learn thar Mayor J. determined q put
things through this --and his call upon the mill
tary. let assure him w receive prompt response.
Some ~ the member, a volunteer military compa
mics much opposed - slayery the most rsbil
abolitionist among a. thank Tod there u not a
man among them all bUs stands ready, At moments
warning TO shoulder f ket and. II need be, 10 hrs
q tall cart ridge, In dsf.Hce ~ law and order.
ma