New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-04-05

william heeoes
As this case, in which the public have
taken some interest, WAS suddenly terminated this
morning by Mr.. Commissioner Morton giving Ger.
tltcats the delivery Of the alleged fugitive TO the
claimant, to be removed 10 Maryland, without aay
rebutting evidence being introduced on his behalf,
we ctem II right TO state In justice TO ourselves and
as matter proper TO be known, the true facts %
they occurred.
On Friday the attorney for the claimant declared
his case closed, and We were asked by the counu
sioner to proceed With the examination OF wtne1se
for the teeBse,
il was said in reply, that before doing 90. w
would move to dismiss the proceedings on the
ground that the original affidavit Of the attorney %
which the warrant was issued, and which was made,
not on information and belief, but absolutely, 70 TIE
effect that Preston, person held 90 service or labor
N Maryland had escaped theTefrom, about the so!A
March, ls47 and that at the time OF his escape hs
service or labor due to the said Reese and thI
the same has ever slbse been due to him, and nal
The said Resss has never parted with, and Is still o.
titled 10, such service or labor, ana that he 10 the
owner Of and entitled to the control OF the said
Preston was made. as appeared from the testimony
OF Mr.. Busted, on his cross. examination, without
any personal knowledge OF the facts sworn to-aad
that the other testimony for the claimant was
utterly insufficient to prove his title. II was said,
further, that n, upon TINS motion, the Court shoeh
decide that the evidence Was sufficient To support
he claim unless Tebutted by proof for the dsfsaW,
We hao number OF viii esses IN attendance, be.
sidss others whom we had not yet found but Tot
whom suopenas had been ismed at our sppllcs:ioa
nsncs Of the Marshsl-but thai AZ our motion 10
dismiss the proceedings, II granted, would render
their examination unnecessary, We proposed 10
argue that motion first
THIS course Was cot objected to. The motion 10
dismiss tie proceedings, IN the nature OF motion
to quash or for non sst was argued at length wish
The ohtiDct understanding thus assenled W BY the
tsnmissiopeY, that II that motion was denied We
were TO enter upon the defense this morning. Oar
arrangements we're made accordingly, and our wit
hestes directed to be In attendance.
Thi' morning, at the opening Of the Ceurt, tas
Commissioner delivered his decision, denying the
NOTION and granting the certificate OF removal, tax
ipg us altogether BY surprise, and refusing 70 near
our protests against conduct which We regard - ~
souttly vioatve OF the liberties OF the deisndant
and OF our rights as his counsel.
An affidavit was then made by Mr.. Busted, Which,
We presume, was an affidavit Of danger, for the par
pose OF procuring for the claimant the escort Of We
Marshal from New.York TO Baltimore, and ths psy.
melt OF The expenses from the United States Treas
ufy but this We do not know positively, - ~
Commissioner refused our request TO be allowed
see It.
Preston was Immediately removed from ~
and driven off
Application for a writ Of habsas CORPUS was msAs
TO Judge Judson, who refused TO hear the motion, -
the ground that he was engaged Ia another csse.
we are under the impression that the moues
would have been denied, upon the ground stated y
Mr. Attorney General CrltteDden In his lettsS " -:
Fillmore, after the passage OF the Fugitive issd
1850, that the certlhcato OF Commissioner u V
DC eearced as the act Of judgment, after faf ~
impartial trial OF judicial tribunal, having conpr
tent jurisdiction"
Ho~ far the conduct of the Commissionsrin ,hb
cate IN admitting all evidence offered for the eliza
ant. OF whatever character, including an af11sm
u sde without knowledge, and confessions OF teede
ftLdaDs while in duren,-his refusal TO co1ps =
INTERESTED witness 70 On cross examlas5lee
sLd bis cutting OF al opportunity Of reouttibg on
oeIce by snap judgment, mace IN violation efgoea
silh-conpOIts WITH that strict imparislity ssdfaf.
ne" winch ought 70 be preserved in trials inyonsg
the tight 70 iioerty, II question which the usdS'
sisIed submit TO the Judgment OF tho community.
4 ID. CuLvn,
Neu. York, Atrii 3, 1859 Joax jar.