The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-01-09

From the NJ Y. Journal Of commsscs.
The Alleged slave C.s..
| UNITED STATES coURT-Monday Judge Judson pre-.
siding Judson, having lar recovered from bs
ndsposon TO enable bim TO preside IN court took
his seat the bench this morning, and continued The
examination OF the alleged slave case.
Mr. Western addressed the court in reply 10 Mr.. Jays
opening for the defence on the last day OF the examba-
tion and conlended that this trial merely ike pro.
ceeding before grand jury, TO try II there was suncenl
evidence Of the probable commission OF crime TO SEND the
defendant before jury or IN lhs case 70 ssa nun oaca
| fence he was accused Of This man was said to be a
fugitive slave, and that Mr. Smith was his owner, and
the statute points how lar We must 30 in proving it.
We must prove il TO the satisfaction OF the court; and
after j. ] Smith has submitted his proofs, il is for the
court to decide whether they sufficient II the
thinks that the proofs are not sufficient il can, like
grand Jury, ask for evidence, order that further
light may be thrown the subject But il is only
say for The court TO be satisfied in order to send him
back There are other reasons which should restrict the
defence IN giving evidence. The statute says that
slave shall not give evidence in his behalf lest il
might lead to his committing perjury The laws OF Great
Brian also provide that no man shall be put in posi-
ton where hs interests might overweight his hon.
esiy morality, and induce him TO falsely. Now,
suppose il the fanatics who support this man
introduced 10 testify for him who need doubt that they
would consider themselves above the law OF the land
and governed by higher law than that OF the legislature
or The sancy OF an OATH and resort TO perjury m order
to defeat act which they consider unjust and niqui
ous II the proof the part Of the claimant not sat
isactory your honor then you call for and
produced, then the defendant be
charged But if there is clear prama acis made ou
for the CLAIMANT you must send The man back again to
Virginia 10 be tried for all your honor will do by send
ing him back is to have fair trial for which the laws
OF Virginia have made ample provision There this man
would have right TO be tried BY jury and might plead
orma paupsr and be defended BY the State district
Attorney
Such law showed high tenacity for the rights of
colored people, and glorious feature in the instu
tons of Virginia, before whose tribunals the free
the slave and the black well the white, might
be certain OF obtaining justice. have carefully exam
med the laws OF Virginia. and quite certain that not
title OF this mans right will be lost endangered by
does not appear to but il intended that defence
should be made for if prolonged defence to be
entered into which might consume weeks or months,
how the proceeding be summary one. what resi-
dent OF Virginia would come here and submit TO the loss
of time and expense necessary TO his slave 1t
would defeat the object of the law, and render useless
slave worth.
Mr. White read extract from the decision of Judge
Grer, which stated that the provision OF this act which
prevented the slave giving evidence in his own behalf
more than the common-law provision which pre-
vented any other interested witness giving evidence in
his cause. But no lawyer would be absurd to
say that no evidence should be received for the de-
fence.
The Court said My own impression remains unchanged
by this discussion have taken pains TO ascertain what
is meant by the act and think the sensible Interpretation
of ii is, that though Congress- does not prevent testimony
being given favor OF the defence, nevertheless to
be summary proceeding in which i is not necessary for
notice, as II would be in other cases. The word
mary" in the act means that you may take the man into
custody, and proceed with the examination, without CIV
ing the six days notice; and will consider as case
before me, without that process and nothing more. Gen
ilemen will the necessity Of combining themselves TO
the issue, without going beyond it. and interfere
! il there is any attempt 10 do so.
| Mr. Whe-We shall endeavor not to deserve the in
terposition of the Court
Mr. Western read an extract from Judge Storys Com
menares the Union, which appeared in former part
OF our report
The examination then went on.
| Joseph w. Smith. a colored man, was re examined
and repeated the testimony he had given before the
| missioner.
| Elizabeth Dixon, coored woman, was re examined
| and repeated her testimony.
Emmelne Sanbury, colored woman, re-exam-
| ined.
Mr. White objected to the form of the oath rendered TO
the Witnesses lnasmuch reced that the owed
labor, and thus prejudcing the for us; yet il
was not proved that the man did owe labor.
The Judge said that part OF the oath should be altered
any material bearing on the case.
Lewis Tappun examined. Has before the paper
now handed 10 hun; he was given key to examine
Longs trunk for papers which might be useful him,
and found this paper in it
The paper was memorandum going to coToborale
the evidence to Long being in the city at period
4 he'd to by one OF the witnesses for the defence.
Cross-examined II after this trial had commenced
that witness given the key Of the trunk on
| the first second day OF the trial.
g. j. Foster examined. The ship Tarointa sailed
from this port Saturday, the l4th Of January s4s for
California.
The evidence here closed; and the Court adjourned the
to this day, when il will be summed up by the
sci for both sides