The republic. [volume] (Washington [D.C.]) 1849-1853, 1851-04-08

Il
Mr.. THOMAS said, under the circumstances Of
this case, he moved that, under the rule of the chr
cult court, the number of counsel in this may
be limited and, far as the rule goes, that it be
enforced
Mr.. RAErouL came in and said that Mr. Loring
was obliged to leave the city, to fulfil an engage
ment made long SINCE but he did not ask for de-
lay in the examination, but intended and wished
TO be present at the argument.
In relation TO the motion Of the opposite counsel,
he had no objection TO applying the rule limiting
the number to two who should address the court.
The COMMISSIONER said that the rule referred TO
would be applied to this case
Mr.. THOMAS proposed to offer the first wit
ness called yesterday for cross examination.
MIR. Barnett called and cross examined-Am "a
years old. About sixteen months ago first went
| to Savannah to reside. MIR. Bacon FIRST spoke to
como az witness to identify the prisoner. Don't
know what compensation am to have for coming
here; was to be under no expense for passage. mo-
New While Ddn make
my mind whether should go back as far as New
York. They asked me to come on, and as was
coming on about the time, came on more now to
oblge MIR. Bacon. No amount wss mentioned
which was to receive II Mr. Potter should take
notice Of the fact of my doing my duty and should
give me any thing, should take it. Nothing fur
| Their was said that recollect Mr. Bacon said
enough to lead me to think Mr.. Potter might do
something in case the prisoner sent back. They
have promised me nothing more than what have
received for my passage money They told me, be-
| that my expenses would amount to moro than
| should probably receive-that ! should probably
be out Of pocket. After had agreed to come, Mr..
Bacon told me what have testified to. l know
| Mr.. James Potter personally. Have him in
the city Of Savannah, and at his plantation ten or
eleven miles from Savannah. Was at his planta
ton for the purpose OF putting up eight or ten ne
gro houses. First knew the prisoner in Savannah
about ten months ago at fancy dress ball. He
was there in the character of sailor, and was
thereaa spectator Don't remember of ever hav-
ing eard he Had hu thov IF
| tina, nor do l remember of having heard his mo-
Their called by that name; but it sounds something
| like name have heard her called. Came on in
! the steamer Alabama in company with Mr.. Bacon
and Mr.. De Lyon, and another person. Mr.. Ba-
| con rcsides in Savannah, and have known him
over twelve months. Have the prisoner in
various parts Of Savannah, Mt work on buildings
| in company with me-
| Mr.. Bacon recalled.
MIR. RANroUL objected to the adrnissbility of this
witness on the ground that he was the attorney Of
| the claimant, and az such was party interested.
The COMMISSIONERS said he had ne doubt in
gard to the matter and il the counsel chose he could
| reserve the point for argument
Mr.. RANToUL said he should then reserve the
| point.
Mr.. Bacon was shown the power Of attorney put
into the case, and asked by Mr.. Thomas if he knew
| the signature to the document?
MIR. RANToUL thought the signature and docu-
ment was to be proved in Georgia, and not here.
MIR. THOMAS proposed to prove by this witness
that he was acquainted with the handwriting of
| NOuctt CHdTltOn, DcIOTc Wnom the power was
acknowledged, and that MIR. Charlton was not in
| this State.
Mr.. RANroUL said that if the result of certain
proceedings before the court in Georgia to be
conclusve here, he thought that if defect in those
proceedings was established such defect must prove
fatal.
| Mr.. THOMAS could account for the difficulty un-
der which the counsel labOred from the suppositon
that he had not read the act with sufficient care.
Mr.. RANroUL said he had read the act great
| many times and with great care.
Mr.. THoMAs said that yesterday the excuse was
that time was wanted to examine the act; the act
was said yesterday by the counsel to be new ono,
| and needed much examination. He glad to
learn that the gentleman had carefully read the
Witness Bacon to Mr.. Thomas Know Robert
M. Charlton. He resides in Savannah. Know his
handwriting perfectly we'll. The signature to this
power Of attorney is that of Mr.. Charlton. The
prisoner ia the identical person named in tho power
| Of attorney as owing service and labor.
Cross eaaminsd. Have resided in Savannah
some twenty years. Know the prisoner. As re-
marked yesterday, have known him ten years,
and with the same propriety might say fifteen |
years. l was employed by Mr.. Potter to come on,
but whether get any thing for not is another
question. He did not tell me what compensation |
should receive for coming
Mr. RANTouL. Mr.. Bacon, you being acquaint-
with this sort OF property, can you tell us about
how much the prisoner is worth at Savannah!
Mr.. THOMAS objected to the question.
Mr.. RANToyL wished the inquiry to be answered,
it might tend to show motive and interest the
The COMMISSIONERS said that the inquiry might
be proper If should be first shown that the witness
was interested in tho result of this case.
The COMMISSIONER did not think the question rel
cvant or pertinent in regard to this witness, he
had already purged himself of any interest in the
matter.
MIR. RANTouL wished the question reserved for ar
gument, and proposed to state the grounds of his
objection to the insuciency Of the power OF attor-
ney, either at this time or at any other, as the
court might choose.
The COMMISSIONERS. If you propose to argue the
question now, you must argue it finally.
Mr.. RANrouL did not propose TO argue the ques-
ton ut this time but only to state his objections.
He wished, with all due Difference, to argue the
point before judge of the U. s. court If an oppor
tunity for 30 doing could be obtained
John Ball called, and testified that he resides in
Boston, and is a seaman. Knows the prisoner.
Have seen him in Savannah. We sailed from Sa-
vannah Friday. The last trip we made was
f,om Savannah in the M. J. q. Gilmore, about the
last Of January, and arrived in Savannah about the
beginning of February. The vessel remained there
was sitting on the galley talking with stew
ard The prisoner came along side, and asked me
if wanted cook. told him no. The next
came in sight of Boston light. was aloft furling
the sails One OF the men went down into the fore
castle with a lantern. Soon after the man called
me, and saw the prisoner in the forecastle. told
the captain that we had prize
Cephas J. Ames called. Reside in Barnstable; am
q seaman my last trip was to Savannah; as we
came in sight Of Boston light on our return to this
port took lantern and went into the forecastle;
the first thing heard was voice-"havc got
up?" 1t rather startled me at first, but soon saw
that young man, (pointing to the prisoner,) and
snid to him "who are your then took hold of his
nose and said, "come out of that, anyhow" he
came out pretty quick Captain Eldridge was call
ed, and the prisoner was putin the rum We came
up to the city and the harbor master ordered to
GO off into the stream; did this, and afterwards
found that he was most frozen, and put him in the
cabin and locked him in; next morning he WINS
gone, and the small boat gone also; subse-
quently saw him on the wharf, and he told me
that he took his knife and unscrewed the lock to
the door Of the cabin, and put of in the boat; he
also said he not slave; that his father bought
him when he was six months old, and had left his
free papers at Savannah.
Cross examined. Prisoner told me that no one
but God and himself knew when he went aboard
the vessel.
Ri,bal Eldridge testified that his last trip was