New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-01-01
ALLEGED SLAVE CASE.

seI-Judson shuts the mouth of the Defend
ants COunsei-Judson orders the Case 90
proceed nnew-Dr. Parker festlnes ngnin-
Another Virginia Doctor comes. 20 the
Stnnd-PrOsecution rests on the Doctors
MIR, Jay opened for the Defense
gets tired-JudsOn asks for n Recess-Jud-
son has n Difficulty In the ThrOat-Judson
IL unweil-JudsOn adjonrns the Case 10 10
O'Clock Thursday, January ,, next year
Close of the Seventh Days "SHmmary"
Proceedings.
The alleged Slave, Henry Long, was hauled be-
fore the United States Circuit Court yesterday.
The following is our Reporters account Of the
affair:
U. S. CIRCUIT CoURT-Before Judge Judson.-
In the matter Of Henry Long, claimed by William
Parker, Of Richmond, Va as agent for John T.
Smith, of Russell County, Va. as fugitive from
slavery.-This case which has already been re-
ferred to, was continued.
Mr. Lewis Tappan, who has taken a deep in
terest in the proceedings also Mr.. Parker, the
claimant, and several other gentlemen, were pres
ent The seats were filled with spectators, and a
number OF colored persons among them some
women, were in the galleries.
At IL o'clock the District Court opened for re-
turn of process, then adjourned sane dte and the
Circuit resumed.
About III o'clock the Court inquired of Mr..
Western if he desired to wait any longer for Mr..
Wood. Mr.. w. replied that word had been sent
that Mr.. Wood started more than half an hour
ago from bis office, and 1t was desirable, II the
Court would permit it, TO wait little longer. Mr.
White remarked to Mr.. w. that he supposed Mr..
Wood WINS detained consulting with his clients,
the Union Committee. Soon afterward Mr.. Wood
entered, and the proceedings commenced.
Mr.. Jay then read an affidavit signed by HIM
self setting forth the facts as to a warrant and
proceedings before Charles NJ Hall, claiming to
be Commissioner, of the proceedings before him,
the issuing of a new warrant, and that Mr.. Hall
took jurisdiction of the case after the issuing OF
said warrant, and the case was pending before
Mr. Hall, when it was suddenly withdrawn there
and brought into this Court
Mr. Western objected to the affidavit being re-
ceved, the matter having been decided yesterday,
and the object is delay
present yesterday when the proceeding was done
in such hot haste. He contended that the pro-
ceedings being at the time under adjudication the
warrant issued by this Court was irregular and
void as it made the same case before two tribu-
malls at the same time
Judge ]. said the counsel MIR. JAY stated that
proceedings were still pending before the Com
missioner, which was cOntradicted by the written
statement of the Commissioner, that the proceed
ings before him had been discontinued before the
issuing of the new warrant. | then decided as
] shall decide again, that the case was discon-
there.
nor a-d 1 out the bench, shows me that proceed
ings may be discontinued IN one tribunal and COM
menced in another. The only question is whether
it had been discontinued, and so decide.
Mr.. White said he was aware of the right to
discontinue. but he was not aware, but supposed
the contrary that the facts had been presented to
the Court yesterday.
Judge j. refused to hear either counsel further
upon the subject, and said the case must proceed.
On the affidavit being shown to the Judge the
latter remarked that the return says the second
warrant was issued by Judge of the Court-lt
should have been issued by the Circuit Court.
Mr.. Western called Mr.. Parker to the stand,
when Mr. White objected to his testimony as
being an interested witness. The laws OF Nr-
ginia as shown by p 46 OF the code OF that State,
section 4, say any person who shall arrest slave
that has run away, Is entitled to reward, when
delivered to the owner agent of the slave, or
delivered to any ailOr and the latter, ifdelivered
to him, shall advertise for the owner, and none
appearing it is the duty Of the iaOr to sell the
patty, and out Of the proceeds pay the re ward,
which, arrested in a non.slavehOldmg State over
so miles from where he is delivered, the reward IS
500 and 10 cents mile for mileage IN going and
returning Mr.. White handed the volume to tue
Court.
Nj. Western said they could settle that by the
witness giving Mr.. Smith a release. This was OBJ
ivCtc,l ~ has N~'l.iss, WIZ --s~-i~d 49,
person was here to receive the release; anu to
make a release good, there must be an acceptance
as well as delivery Mr.. Western said he was
John Smith. Mr.. White said the gentleman
claimed so many aliases, he did not know what
to say. Mr. w. made further remarks. The
Court held that the delivery OF deed to a second
party in contemplation of law, to a third party,
is good delivery. The release was accordingly
given to MIR. Western by Mr.. 2. for MIR. Smith
and the testimony admitted.
William Smith, sworn-Acquainte ted with John
T. Smith of Russell county Ky. know the color
4 L., ali. ba
sometimes Henry Long; saw him first at Mr..
Smith s, about five years ago. he was slave or
servant acting as a slave do not think there Is
free colOred man in Russell county never saw
one--there may be; | consented to hire Henry
out if Dr. Smith would send him to me at Rich
mOnd and he did So distance OF $50 miles, IN
December, 1876; | was away at the time, and
my brother received him. and made an agree
mcnt to lire him out to the Columbia Hotel as
waiter received his wages, and sent the money
TO DR.. Smith; he came TO me to write letters to
his mother and also to his wife; his vile did not
reside in Russell county, but about loo miles OIL,
where Henry formerly resided; he remained at
the Columbian Hotel a year; he was difficult to
suit, and | did not get situation for him till
February during January got nothing from him
but 50, which was for attending man while the
man was sick; attended Henry sometimes when
he was sick
IA question was here asked, which Mr.. Wood
said might as well be now, tending to show by
the declaration of Henry in Virginia whether or
not he was slave 1t was objected TO by Mr..
White on the ground, as before Mr.. Hall, that as
the Fugitive Law prohibits his testimony being
given in evidence here, and as a slave is prohibi-
ted from giving testimony in Virginia, his declsra,
tions cannot be given in evidence. Mr.. Wood
said thus far was to show bis acts and the declara
tions constitute part of those declarations. We
intend also to give his declarations Mr.. Wood
contended he had right to do so.
The Court held that all declarations accompa-
PAVING acts can be admitted. AS TO declara-
tons made unaccOmpanied by acts, will admit
them nisi with reservation to retain or exclude
them, as the law may require. In respect to the
law Of $780, prohibiting the testimony OF the a.
legged fugitive to be taken, that clause may have
been inserted from q knowledge that in some, or