The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-04-03
AFFAIRS I'm THE CITY.
The Alleged Fugitive Slave.
United States Commissioners U
Before Geo. W. Morton Esq.


claimant offered yesterday submit himself for
examination and be would now call him to the stand
Mr. Busteed said he made no such offer; he consented
to be called witness but they should not be entitled
10 cross- xamine him.
mnesS sssy s Mr. Jay
admitted the bar don't think il important to
issue am an attorney well counsellor at law this
e<aidsvit produced made by me in this case Mr..
Jay read the affidavit Witness became acquainted
with the fact stated in this affidavit shat Preston
owed labor to Mr. Rees, in the ordinary way in
which obtain my knowledge OF any other fact;
my acquaintance with Horace Preston commenced
about two hours before Mr.. Jay him; l
don't know II my acquaintance with him commenced
yesterday Q-When DO you think you first him.
Any thoughts are not evidence and ought not be
enauirsd Of by lawyer know Mr. VIM Rees, of Bati.
more. don't know when last him; saw him with
In the year aw him last month; saw nun in several
places; him in my house, in Broadway, in this
city; don't know when Mr.. Rees became entitled to
the services Of Horace Preston believe about 20
ago i know that fact L know any other fact;
did not know MIR Rees at that time; | did not
know Preston; can't tell when became acquainted
with the relation between Mr. Rees and Preston; have
been acquantc for several years with relatives Mr.
Rees in this city and from them have learned
facts to his property. Q-Namc those relatives of
Mr Rees' A.-No viii not; the question is AZ all
relevant 10 the issue
Mr. Jay contended that re was entitled to an answer
10 that question They had reason TO suppose that this
he the same person had obtained his freedom
before the marriage of MIR Rees TO the who
claimed TO be his mistress and those relatives Mr. Rces
might be able to prove
Mir Busted said the question was improper, and
utterly mmatcral and irrelevant those grounds he
refused TO answer it.
The Commissioner decided that he could not compel
the witness toanswer He had 40 power TO commit
witness
Mr. Tmmct asked, whether they were entitled to
CroSs-cxsInine this witness
The Commissioner decided that the defendant had
called the witness for examination and they
entitled 20 cross examine him.
MI JAY said ii the refused some
tons relative 10 his affidavit he would be obliged TO
examine The Commissioner who took it. and issued the
warrant,
The Commissioner positively refused to consent to
swear himself as witness where he was presiding
Mr. Jay said that they had right to examine
to the contents OF tins affidavit which he believed to be
rank perjury
Bir Busteed-IfI was not witness on the stand /
would slap your face. Here Mr.. Busteea stepped hur-
riedy from the stand. aad struck Mr. Jay slap in
face with his open hand One of the Deputy Marshas
interposed between the learned combatants.
The Commissioner here left the bench and went to in
foim Judge Belts of what had occurred
Judge Belts into the court accompanied by
Commissioner Norton and having got upon the bench,
he said that he had been given to understand that acts Of
great disorder and violence had taken place in presence
q the Commissioner and had interrupted the transac
ton OF public business before him The Judge said he
would determine whether the Commissioner had the
authority of TO compel the observance of order
punish the violation it. by officers of the Court
or others but he continued ii the power was not con
terred upon the Commissioner, it possessed by the
United states Judges and If the proceedings could
be conducted with regularity before Commissioner, he
he Judge should break up the commission and order
the hearing court; and he gave notice that violation
OF order such had just taken place would be rcprcsed
with al the power Of the and that would be visited
with instant attachment and close confinement of the
offender and the infection Of fines to the utmost extre
conducting Of this description further take notice
that the court will not regard pruvocaton by words by
one counsel TO another as justying Outrage Of VIC
lence and blows. in presence OF the Commissioner
the court will apply its full authority punish any often
sive language or conduct calculated to produce per-
sonai altercstion between counsel in court
Dir Jay asked the Judge he would consent to have
those proceedings conducted before him
The Judge SAID that he had doubt they would be
properly discharged by the Commissioner and he 1.-THE
judge would take action iudcialy in the matter
under the law as now stood Judge hudson was presiding
10 a. NV al
judge but that after this week he should be
dition 70 relieve the Commissioners if the not
vested in him and that the authority OF the Law
fully upheld and yindicated in these proceedings.
The dudge then retired.
Dir Bsteed begged 70 offer his ncere apology to the
court for what he had done
r Jay regretted that the words had hastily escaped
him but what he did mean to say that the affidavit
OF Mr. busted. stating that this owed labor.
made without any absolute knowledge OF the fact the
part OF the person that made It,
Mr.. hmmet suggested that the Commissioner should
strike the affidavit from the the direct testimony
Of Burtneit in the Cuban trial had been struck
the evidence because the witness refused TO
tons propounded by the defendants counsel.
The Commissioner refused 70 do 80. lie would have
all the papers before him and when he to make up
his decision he would exclude whatever he deemed e-
gally ezceptionabe.
Witness continued-I have seen Lii of sale of Preston
10 Rees, forget the name but it female it
from the lady who owned him il nti-nupal bill
of sale from The lady TO Mr. Ress TO whom he was after
wards married and who If since dead have recocc-
ton to the time it; have not the bill Of sale /
don't know what induced Mr. Roes to show il to me; l
Nh Jay obtained subpoena Tor tlr Martin who
referred 10 in the testimony yesterday but he said the
If ne waud direct be served Martin somewhere
lurking about to avoid being suhIanaed.
The Commissioner said h. haa no power to compel the
Dlsr,hsL
Mir jay said he had veYy poor ides Of the Court
before but he did not think II such skeleton
- u Is
Witness-I decline to answer when first received d.
rectons from Mr. Rees with regard Preston received
the power attorney within days refuse to say
what STEPS took TO arrest Preston the ground that
pTesumes fact Of which there i proof did take
any steps Preston before received this power of
attorney do know officer Martin by name | might
know Inn i ! Jaw him in The street 10 know who
slre-ted Preston think have heard who arrested him
QDo you know that before This power Of attorney ar
rived Preston arrested absolutely false charge Of
stealing with the view Of has t,ns detained for the purpose
ot recsmsiions Al do not refuse 10 answer whether
have heard not. on the ground that hcarsay
evidence think il the night before last that
young Dir ecs in reference - this he called at my
hon' anu woke me up out Of my ted forget all that
passed between told you neiorc what night it
and refuse TO tell you again never III Baltimore
snd therefore could not have ccn Preston there told
ou before how obtained knowledge If the fact stated
my affidavit and refuse to answer again, because
relieve in ali your quiries you actuatcd by
Upi motive 70 do me harm 30 person but those who
ectuatcd by bad motives would ak such questions;
efuse TO whether have any written evidence
he fact the ground that answered yeu before.
Gis this the fri case Of the kind you have been
taged I'M A.-That is business OF yours Mr. jay
l-Do YOU know on whoee complaint this man was ar
rested o charge Of THEFT! Arhe question is fact
which In. not been proved aud refuse to answer H.
saw Preston the Second wdtd station house, do
know he then in the custody Of the Marshall there
eight persons tbegc Mr. Rees. the witness
examined Yesterday tRcr. ! don't know the
say OF the others; med Joseph don't know
whether any win the police present
DO think II necessary to des III wholesale charges
dcnUnciations against the police g sra,iy your vindic
tyene.s.
tir Jay Asked the Commiscrei u compel the witness
a. D,have himself on the stand.
The Commissioner said Mr Jay should coufne his
cxamao and not repeat ths question often
Winc.a--I do not recoicct who IL that told me
Preston at the station house think il was Joseph
forget where il he told mo. don't think il mate
rial. DO Tecolect and rc11se t. tel you know
there l. : gentleman connected With the city police
pained Captain Brennan. d.D't know that he had
hirg to 40 with the arrest 81 Horace
t,f Jaw then moved the strike the ida vi ~
Dir Bu-ecu from the the sfound that hc h1d re-
fused whore lie obtained ~ knowledge u tile
lAct 10 which he
The Commissioner II nicd tic cf II atop 0nd M Jay
then proceeded 10 claim that he Qyi,ud W D. discharged