New-York daily tribune., 1851-05-29
BOSTON.
The Shadrach Rescue Cascs-U. y. rs. James
Scott.

Inc SndurdCn htSSut N"o'H - We t' "~"'' >
Correspondence of The Tribune.
BosToN Tuesday, May o..
The observation in my last that no re-
spectacle lawyer of this city could be obtained to aid
the Government in the Shadrach cases, was fully
verified this morning at the opening Of the trials.
There appeared as assistant counsel for the Govern
ment, MIR. j. Lord, Esq, OF Salem, of whom proba-
bly neither you nor your readers ever heard before,
and never will again, but of whom you may obtain
suicently correct idea by beng informed that ne Is
the Benjamin IIallet, of Essex county, and leader
there OF the Democratic Boilers.
Any deficiency of talent, however, on the part OF
the Governments counsel seems likely 10 ige from
to-day'S proceedings, 10 be abundantly made up Tor
by the inclination of the bench in their favor
The first step taken, was request on the part OF
prsoner's counsel for leave 10 withdraw the plea oil
not guilty, for the purpose of demuTlng 10 the IN
dctment, or motion to Quash. II would Oe haru 10
10 find another instance In which tins request had
heen refused II being considered III criminal courts
a sort OF matter of course but aiter argument, II
was denied, though in giving his reasons the Judge
was far from exhibiting his usual caution ana duIol'
ness lie said the refusal would not prejudice the
defendant because every advantage when ne Coulu
take, If the plea was we'll drawn, he might sun nave
either in arrest OF Judgment or IN ihe course OF tne
tnal Whereas, every lawyer who heard MN hhe"
well that there are certain objections when can ony
be taken by motion 10 QuaSh the Indictment or oy
special demurrer, and which are waived ana the Oeh
eft of them lost by pleading 70 the issue
Next came the impanehns OF the jury, win
a motion on the part of the Government TO lnSu-
tute an inQusition into the opinions OF the jurors
as to the conSiitutOnality of the Fugitive Slave
Law, and the finding of verdictS under II. rms was
Srenuously resisted bv Mr.. Hale on the part OF the
prisoner as an innovation, a new klnd OF laW' new
sort Of jury trial, attempt 10 control ana Ies'riV'
the office OF the jury indicative IN s nature oi an al
tempt TO introduce arbitrary power efforts Slnia,
or The same TO interfere with The right Oi the jury
to Judge of the law we'll as the TACT, having onai
aCterized the worst periods of English history Inc
Judge, however, with some vchcmcnce, sustained
the proposed inQuiSition, hkcning II to the case OF
questions m a capital trial, 10 those aOOul 10 Oe
sworn Jurors whether they had CONSCIENTIOUS S'ru-
Piles about being accessory 10 capital punishment h'-1e
If there were the least resemblance between V"hS'l
entlouS ScrupleS founded IN sentiment. ana heItIy
erroneous opinion IN law, for the correction Oh "Ol'
the Juror would have the bCnCnI Of all the o'SN"S-
slOnS the course of the trial, a0d OF the hna oP-
ION OF the Judge IN his charge ...
The Jurors as they were called answered the QueS-
tons put IN a satisfactory manner and "tte Guy
sworn and mpanneled, being AL OF theul, oy con-
venlent arrangement Said 10 be according 10 CUSTOM
but which Is certainly open TO great OoecuonS thouSh
very convenient to the Governments. nom Boston
and Charle>town except one from Chelsea, SO tha'
the prisoner IL not be tired, as ne ought 10 pc oS
law by Jury OF the District OF Massachusetts, but oy
Z Jury of Boston and its suburbs. SO tr the case
proceeded to-day, the Court having adjourned IN th,
midst OF the next motion, of which VIII give yOu
nm n