Richmond daily times. [volume] (Richmond [Va.]) 1850-1853, 1851-04-15
g'bs Etg'.fvs Alaps CSss ID Hos;as,,
TUESDAY, April 6,

TUESDAY, April 9.
Before the Commissioner Mr., Rantoul continued
his argument, and was followed by Mr.. Loring, and
he by Col. Thomas. counsel for the claimant
In concluding according to the P osts reports,)
Col Thomas reiterated hi. main points, as follows
aud the Commissioner held with him that they COW
cred the whole case SO lar as he had jurisdiction in
l. That the Constitution of the United States was
intended to enable the Shareholders to recam their
fugitive slaves.
2. The act of Congress of 1898 was introduced
to facilitate such reclamation, and there is no essen-
senal difference between that act and the act of 1850
. That the act Of reclamation is simply extradon
and the proceedings here look no further
4. Congress has rightly conferred this power upon
commissioners.
Col. Thomas in conclusion, read several authorities.
OF which had also been introduced by the other
side; and having referred The decision of the
Judicial court on the application tor writ of habeas
corpus, as fully confirming his argument, he announced
that he had closed.
Mr.. Sewal now with the view of moving for post
onement, proposed to put in the affidavit made by
Sims, and read on Saturday.
Col. Thomas expressed himself as much shocked
that the gentleman should have allowed Sims to have
sworn to that statement as he must have known that
was false.
The Commissioner reminded Mr.. sewa that Sims
was excluded by the statute from testifyng in the
case, and beyond that he felt his duty state frankly
to Mr. Sewa that he could not give the least particle
ofc reditio the affidavit The statements in it were ut
nesses and left entirely uneontroyered by the counsel
for the defence.
Mr.. SewaIl now proposed to put in as ground for
posponement Geographic despatch lust received bv
MI: Dana, one OF the advising counsel.
The Commissioner said the defence had had ample
time 10 prepare, and the prisoner had had full and fair
hearing by able and most eminent counsel and he could
listen to no motion tor postponement.
Mr.. Sewall now informed the commissioner that he
had Just been told by Sims tina, the United States mar
saa had warrant against him for an assault upon
The Commissioner REPLIED that he could know no.
thing about any such process udicialIy, as no COM
plant OF the sort had been pre- ferred before him.
Inc commissioner now said that he should have
been preparedto give his decision forthwith were it not
for the great constitutional question which had been
argued. TO prepare, with the proper care com.
require some time, and it could not well be done by
Wednesday, and as the next day Fast Day, it
would be necessary oun over till Friday morn
ing at o'clock, and he adjourned the court according
V.
., FRIVOLOUS ARREsrs.-The City Marshal, Francis
Iukey Esq, yesterday morning (says the Courier
OF Tuesday, arrested by Sheriff Coburn under writ of
trespass brought against him by black named John
Randolph The Marshal gave bonds for his future ap-
pearance at the Court of Common Pleas. The writ al
leges that Mr. Turkey nsulted Randolph to the amount
OF 81 600 by causing his pockets 10 he searched on Sat-
uday, when he was arrested in Court square, on susp-
con OF being armed 1t will be else where that this
same Randolph was subsequently arrested on another
and more serious charge.
The same shsrif subsequently, arrested John B. Ba-
con, the attorney of the claimant OF the alleged slave
Sims, and MIR. NJ S. De Lyon, OF Savannah, on war
rant charging them with an attempt to kidnap 1t sset
forth IN the warrant that the said Bacon and De Lyon
did, wickedly, malIcously and unlawfully conspire
and combine to conhne, within this state, against his
will, and without lawful authority, the said plaintiff
Thomas Sims, and also conspired and combined to
kIdnap said plaintiff, and carry him of the state to
be held to service against his will" They gave bail
IN $4,000 tor their appearance.
Ofhcer Lawton arrested at twelve o'clock yesterday
Kmball Eldrdge and Cephas J. Ames, master and
mate OF the bark w. J. G. Gilmore, on charge of
falsely mprisonng board their vessel in Boston har-
Dor, Thomas SIMS" The warrant authorsng the
Justice OF the Peace and that, too, while the Police
Court was in session. The complaint upon which the
warrant was based was sworn to by fellow named
Nathaniel B. Spooner, of Plymouth. The officer who
arrested the took them into the Police Court
Ihey waited there tor some time, but appeared
TO prefer any charge against them and they were per-
mlted 10 depart Another warrant is 10 be issued, nd
the sailors are to be further tanaized by the internal
Free Soil pests. Richard Hid eth ssued another war
rant yesterday; which, however has yet been exc
cuted. It was tor the arrest Thomas Sims"
charge OF assaulting police officer Buman The COM
plant upon which this instrument is based prefer
red by Charles List. An officer applied to Marshal
Devens tor the alleged criminal, but he took the respon
sbility OF refusing surrender him. All these prose-
cuons are intended only to embarass the officers in
the exercise OF their duty. Mr. Butman, the person al.
legged to have been assaulted, knew nothing of the war;
iaut uat WAS ssueu nor Gu ne al any tlme express
desire to prosecute. There is little inconsistency too,
IN Mr.. Lists conduct. He took part the proceedings
OF meeting last week, where the fugitive slaves
advised to Stay their -pursuers and now he comes
forth voluntarily and prefers criminal charge against
Sims for doing that which Wendell Phillips connseed
on The Common.
The Traveller states that on Saturday, writ ofre-
plevn placed in the hands of Deputy Sheriff CO.
burn for the purpose of taking Sims out OF the hands
OF the United States Marshal. The writ is issued un-
der that section ofhe Revised Statutes which demo-
minated IAN act to restore the trial by Jury on ques
ons OF personal freedom, passed in 1896. Incase OF the
prisoners being given up bond is required OF the Of
hrer tor his safe keeping until the matter decided
Upon application to Marshal Devns he refused 10 give
up his prisoner, and thus the matter rests at present