The southern press., 1852-04-13

equlyocally TO the slavery, the title, and the
escape, making out the whole case.
Preston, the "fugitive," was taken by officer
Martin to the Toombs, and locked up in the
sixth ward cells. He could not, nor could Mr..
Culver, his counsel, learn that any complaint had
been preferred against him, or any warrant is
sued, or any examination had, or any commit
ment made out. He was kept locked up in that
place, as he says, till twelve or one o'clock at
night, (mark the hourL then taken out and
conducted to the second ward station-house.
There he was held till the claimants son ar
rived, when, it appears, he, together with Bus
teed and Martin, held a consultation at the sec.
ond ward station-house. Preston's wife, his
counsel. and several of his friends had been I'M
firing in their pursuit of, and inquiry for him,
but could learn nothing whatever until a man
hallocd 10 the wife in the Park, that they had
just taken her husband into the United States
courtroom Preston's counsel and wife hurried
with all speed to the courtroom, but on arriy-
ing found witness sworn and giving evidence.
AT this stage our reporter has taken up the case
and kept our readers advised on the subject.
When the case was adjourned on Friday af.
ternoon to Saturday morning, it was with the
avowed understanding on the part of Preston's
counsel, and assented to by the commissioner.
that If the latter should deny the motion made
and argued by Mr.. Jay to quash or dismiss the
proceedings, then the counsel should 90 into
their defence or the merits To that end. sew
erai witnesses were in attendance; others had
process out for them, to be served as soon as
found. Some of these witnesses had known
Preston in Baltimore, and were prepared to
prove the declarations of his former mistress as
to his freedom, and the provisions in her will to
that effect BY others it was proposed to show
The admission of the claimant and Others. to
contradict Busteed's affidavit and prove con.
spiracy.
Inc commissioner, instead of deciding the
preliminary motion Of Mr. Jay, and then stop
ping, took the counsel, the prisoner, and the au-
dlence by surprise. lie decided the whole case
had his certificate in lis hand--deliyered Il
over IN the twinkling of an eye--gathered up
his papers, and retreated toward the back door
OF the room. Busteed hardly had time to kiss
the Bible held out to him by the commissioner.
1t was all in vain that Messrs. Jay, Emmett. and
Culver jumped upon the floor, asking the com.
missioner to hear them--urgng their surprise,
and the injustice done their client. Their efforts
were all fruitess. The commissioner refused
to hear anything further.
Mr.. Culver was drawing an affidavit for Pres.
tonic attach a witness. His client, however
Was taken suddenly from him and removed TO
a back room in the marshaPs office. Mr. Culver
at once applied to the marshal for permission to
go to the room and see his client, to have him
sign an affidavit for u habeas corpus. His re-.
quest was sternly denied-nor could he get
sight OF Preston again till he was brought out
to be started off South.
Prestons counsel then applied to Judge Jud
son for hadeaS corpus, but he could not hear
the application.
Meantime the condemned man was got ready.
Ills wife went in and had her last sad interview
with him. Her cries and sobs were heard by
the multitude outside
We doubt if more touching exhibition of
the workings of the fugitive-slave law has ever
been witnessed. This mans wife stood by her
husband for three days, with a devotion and
tenderness unpalleled. Whenever permitted 10
SIT near him, she had fast hold of his hand in
both OF hers, wringing herself in the most in.
tense, haltsuppressed agony. Near the time
OF the tlnal separation, Busted, the LAWYER. to
console her, gave her an orange, or peeled one
for her
About IL o'clock, the procession appeared
from the back room, Gen. Henry F. Tallmadge.
United States martial, in front; his sons, one on
the right and the other on the left OF the fugitive
and two sturdy deputies of foreign birth behind
Each seemed satisfied with the honorable post he
was permitted to take in doing the siaveholder's
work. The fugitive was conducted out at the
BACK door into Chambers street, where covered
carriage was IN readiness, into which he was put
Ihe crowd, chiefly of colored people, rushed
around TO catch their last view Of their friend
some running 10 The carriage door TO shake
hands, and bid good.by, some in tears, some in
suppressed murmurs, some calling on God TO
avenge the wrong, and one devotional Old wo.'
man was heard crying, "God'll punish 'eml
God'll punish EN- ="
The carriage left at the time of writing this
artlcle, Horace Preston is back into slavery for
lie. woman robbed OF her husband. and n
mule glrl Tour years old Of her father. So ends
the fourth fugitive slave case in New York.
CARD PROM THE LEGAL COUNSEL OF HORACE
PRESTON, CLAIMED AS A FUGITIVE SLAVE BY
WILLIAM REESE
As this case, in which the public have taken
some interest was suddenly terminated this
morning by Mr. Commissioner Morton giving
a certificate for the delivery Of the the fugitive
TO the claimant, 10 be removed TO MARYLAND.
without any rebutting evidence being introduced
D~''t NttAi Tigul 10 state, IN lue-
tee to ourselves, and as matter proper TO be
known, the true facts as they occurred.
On Friday, the attorney for the claimant
declared his case closed, and we were asked by
the commissioner 20 proceed with the exnmina.
ton OF witnesses for the defence.
IL was said 10 reply, that before doing so. we
would move 10 dismiss the proceedings on the
ground that the original affidavit Of the attorney
on which the warrant was ssue1, and which was
made, not on information and belief, but ALSO
lutely, TO the eject that Preston, person held
TO service or labor IN Maryland, had escaped
therefrom, about the goth Of March, Is47, and
That at the time Of his escape, his service or
labor was due 70 the said Reese, and that the
same has ever since been due 10 him, and that
the said Reese has never parted with, and is still
entitled to, such service or labor, and that he is
the owner Of and entitled 20 the control of the
same Prcston'--was made, as appeared from the
testimony of Mr. Busteed, on his cross exami-
nation, without any personal knowledge of the
facts sworn to-and that the other testimony for
the claimant was utterly insufficient to prove his
title. Il was said, further, that II, upon this
motion, the court should decide that the evi.