The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-01-03
From the N. Y. Journal Of Commerce
The FugBtiys-Siavs Case.

UNITED STATES DISTRICT COURT, Tuesday-Judge Jud.
son presiding. White said he felt constrained at
this stage oil the proceedings to submit motion Tor Inc
discharge Of this man. on foreground OF an improper ar
The court suggested that would be better to wait for
Mr. Jay read an affidavit on which he intended to
found his notion The affidavit stated the crcum-
stances of the mans orgnal arrest the proceedings be-
fore the commissioner and that when the second arrest
made the matter still pending before the COM
missioner.
VIZ Western said that this question was brought be-
the and decided yesterday and he supposed mat
such decision was final.
The Court said The proceedings of yesterday can't be
misunderstood Counsel before the court and SAID
that the proceedings before the commissioner were Still
pending That statement was however, conradlcted and
evidence given that The not before the comms-
sioner, and it discontinued before the movement was
made by this court. | then decided, as will now that
the proceedings discontinued From being thirty
years at the bar and fourteen years on the bench, can
say that pending before one tribunal may be DIS
continued and the only question in this case Is, whether
it dscontned-and being satisfied on that point,
will not now review it. The affidavit will therefore not
| be received.
Mr.. Jay. wish to correct your honor on . point of
Court will not receive it. l refused TO receive the
affidavit the ground that the question has already
Mr. Western II that affidavit is received, will
be under the painful necessity OF contradc,ing on
oath.
The Court yesterday received statement verbally
and similar one to-day in writing, and then found
that the affidavit was not true, and would have refused 70
receive it,
1 Mr. White | did not know of the circumstances
which occurred yesterday.
Court |, is enough to know that in this and all Other
trials, when decide question, that is suffclent FRO
coed with the
MIR Western said that the first evidence he would Offer
would be that OF the authorized agent OF Dr. Smith, the
owner oil the slave.
Mr. White objected 10 his being examined, as, by the
laws OF Virginia he was interested in the CASE because
by the laws OF Virginia, when a slave escapes. the
Inn. ,hn anflfl In DlVG
money according to the circumstances under which the
Mr. Wood offered to give release to any claim Tor
reward by the agent or the claimant
Mr. White objected to the release being glven as there
was no person authorized to receive IT,
MIR. Western said that he would receive the release
The Court said 1t strikes that, Tar as the fac
are yet disclosed in the CASE release Is not necessary
Lbs i here as !as sessa sgsRt 81 hs clam m,
statute of Virginia, does not apply. But it is not
stands the same footing in other peadings, and
might deliver TO MIR. Wood a release for Mr. Western
The same rule applies 10 bonds, Deeds bills and ohe
papers There can be- therefore, no objection on tina
ground
The release was then drawn up and signed by DR.
VIM Parker, agent for the claimant. He was then ex
amined and repeated the evidence which he had give
before the commissioner,
Should any new evidence be given we shall report il
Andrew y. Lamkln was Te-examined and repeated hi
David Wade examined. Has resided most of his l
in Chrstianbugh, Virginia. Knows Henry Long near.
all his lie, He lived in The town with witness
He slave all his lite and belonged to the estate
MIR. Anderson, whose daughter Dr. Smith married, ant
he inherited this slave.
George w Couch examined Sails in a packet tradne
from this to Richmond. Has seen Henry Long in Has
kns and I.bbey's store Saw him often there. Wit
nesss vessel lay within two three hundred yards o
the store Saw him every time his vessel went there il
ls4s Has doubt OF his being the
i Mr.. Jay opened the for the defence.
The court then took recess for half an hour /; am
when ii again opened, Judge Judson being unwell
was Obliged TO adjourn the court until Thursday morning