New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-04-03

Mr. J. sssed the ~i.e,s If TINS affidavit was the
ere CT which the ares sss made The w-taess
replied that the couBs. had better ask the Comnis-
sioDsr, "a he knoss test
Mr. Jay said 10 the con missioner that II the VI
ress ~ouid OF answer. sbo the Court could not re-
cure bin 10 co so, he souc have 10 ask the Com
un'si"ier TO testify ss 10 the fact. The Commis-
noIef sso he would not go the stand 10 testify.
Nr Joy then rose He held the affiavit OF Mr. b.
In hlshId, snc ssic they had reason TO believe there
vas raRs perjury IN regard lois.
Mr. b, who WAS oa the ~i,ness-stspd near the
counses table SAID II the gentleman WAS out of this
room he would not say thas. Almest while he was
speaking, MI b advanced step toward Mr.. Jay,
and struck the latter a violent blow on the face.
The Commissioner ieft The room. Ia short tune
sherward, Judge Belts came In. He went TO the
Commissioners bench, SAID he underS God there had
been disorder before the Com missioner. shall take
a report from him, and II hnd gentlemen are 70
blame, shall place IN close confinement both Of
them. While the Commissioner Is performing his
functions shall expect per ect order II regard to
him, and Will place IN confinement any person In
ringing the rules
Messrs. JAY and Emmett each requested the yudge,
II the Commissioner would assent TO II, 10 take the
case from the Commiss. oner and remit 1t 70 the
Court, as the Commissioner has stated he has no
power to compel witnesses 10 answer. Tne Judge
power, and would not have tli next week, Judge
Jnoson nov being engaged performing the judicial
duties Of this district.
able to get out OF the room, as the officer locked Il
on his entering and the key broke 1t was haAly
forced open
MI jay, after the difficulty, said he had spoksn
hastily Is to the AFFIDAVIT AID had not mo IN San
cient Fgsrl perhaps TO the feelings Of the witness,
but the affidavit states freely that Preston owes SER
vice and labor 10 MT Reese, and yet the evidence
Is that there was No kLo ~ledge such a. that wheh
10 Necessary to invalioste such an affidavit.
Mr.. Jay again asked the question:
Wttness-l have declines 10 answer the question
ana 90 decline think have seen bill Of sale TO
Reese OF Preston ,hlIk IL 10 from one who owned
them in severalty, and II WAS an ante nuptual on
trial. but OF that am not certain, OF OF the terms Of
contract.
Q.-Then call upon the counsel to produce it.
Al cannot, ~ do not have 1t I have seen Il
several times do not recoilect when It In the
hands Of Mr.. Reese. at Baltimore do not rseollect
whether was acting as his legal counsel as the
time think l saw isthis year do not know whether
! read 1t or not think the grantee, Mr. Reese,
knew very little about 10 do not know that u 10 un-
Mr.. Jay here said. the Marshal declines 10 serve
the subpoena. He asked the Commissioner 70 direct
an officer to do 90. Tho Commissioner said hs had
no power to compel the presence OF witnessed. Nc
was ready to 60 on with the examination. ALI he 10
here for Is to see the testimony 10 sufficient TO sat
nfy him.
culiar sort OF one, but he had no idea 1t was such
ske Teton of Court
BIZ Witnsss-Believe saw the bill OF sale n this
City refused to answer whether received letter
from Mr. Reese before getting che power OF astor-
ney took no steps for the arrest of Preston be-
fore receiving the power 90 nos know whether
know Ofhcer Martin, OF the Sixth Ward, or mot do
not know. Of my kno wledge, who arrested Pres
ton think heard who arrested him; do not know
whether, before the arrival OF the power, Preston
was arIeated charge OF theft with view 10 his
detention in this case II heard Of his being ar.
rested on any charge it weud be improper for me
to answer, as l do not know OF my own knowledge.
The witness was asked questions as 10 the point,
but they were evaded az nos proper questions, Sc.
Mr.. Jay asked the Commits s0Rer to request wit.
ness to answer. They expectedto show conspiracy
with view to the arrest OF this man, In which some
Of our Police officers, the guardians OF our rights,
WItness-Saw Mr. Reese, son Of claimant, night
before last at nay house ne woke me from my sleep;
do not remember what passed between US.
Mr. Jay called upon the Commissioner to reqNpre
answers, but the Commissioners said nothing.l
Do not know whether Preston had been arrested
at the time Mr.. Reese called on me night before
last; never saw Preston In Baltimore never been
there or in Maryland how came to swear Preston
owed service and lsber to Mr. Reese decline 70 say.
because think the question Is asked from bad mo-
tive when made tho affidavit believed u from
different sources, Will not say, because nonojous
dishonest, corrupt persons would suppose thai
made the affidavit from improper motives.
Mr.. Jay asked II Is not proper to have the facts on
which the affidavit was made.
The Commissioner old not compelfe
MIR. Jay asked Mr.. Busted II he had boon gagged
in any other case OF this KIND. Witness said H was
none of Mr.. Us. business. Mr. Jay asked II he had
been counsel for claimant in case where per:
son, without having had counsel, had been hurried
of ~ slave, withouI beng aio ~ed TO see his fam.
lily. The commissioning replied that Mr.. Bustssd
was not counsel in that case
Witness was asked further as to witness's kAowl.
edge Of Preston having been arrested on pretended
he did not inow Of his own knowledge. saw hin
at Second Ward Station House does not know OF
his own knowledge where he was taken to from
there next saw him IN this room think . man
whose frat name was Joseph was the one who told
me that Preston was at the Second Ward Station
House: 90 not recollect where was at the time.
The witness was pressed as to HE recollection.
uo hn hutVa fsxsa IA n
The Commissioner was asked to notice the dis.
crepancy. Mr. Morton said he was only here TO keep
order. He would not lumber up his minutes with
such questions.
The witness wished to state something he said In
cros-examinatoD, but 1t was not allowed, ~ 1t was
not asked.
Mr.. Jay then moved to strike out the ahhdsvt and
TO dismiss the case, and urged also that claimant
had not brought himself within the law.
The application was for the present denied. NJ
Jay MADE other motions for discharge.
Mr.. Jay proceeded to argue that there vas no
evidence before the Court TO show that Preston
the slave OF Reese, nor has 1t been shown here In
what manner the laws Of MARYLAND are administered
act 10 necessary 70 show such and all the require
mens Of that section must be proved before this
can be deprived Of his liberty.
There Is 10 evidence in this case rcep. the ada-
w. mat Preston was held to labor in Maryland and
the facts In regard TO that have been shown AZ 10
what has been said by Mr. Reese of admissions by
Preston att Station House those admissions can.
not be received, az the law will not permit party
arrested in such case this to testify in regard "a
himself But even admitting what he SAID, there 10
nothing proven that he owed service or labor 70
Mr.. Reese. II merely showed he had been in
Maryland and knew the witness, &c.
There ID no proof that the mother OF Preston was
slave, nor that Preston was. There was not the
slightest apology for not producing the bill Of sale II
there had been There is no proof, either, that
Preston had never been sent BY Mr.. Reese on bust
ness out OF Maryland. IL he had been, for single
hour, by his masters consent, in Pennsylvania. for
instance, and afterWard returned to Maryland, he
free man and II he left afteYward, no claim
could be made in regard to him.
The que tion IL not whether he had formerly we'd
service but whether Reese has title 10 claim Wn-
ership IN regard 70 him IL is said there u bill Of
sale II there ID such, It should be produced - no
oral testimony be given when the written tss-
timony exists How can the Commissioner decide