The southern press. [volume] (Washington [D.C.]) 1850-1852, 1852-04-12

made an amdaslt, swearing positively and I'M
equivocaly 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, AZ he says, till twelve or one o'clock at
night, (mark the hour then taken out and
col Quoted to the second ward staton-house
There he was held till the claimants son ar.
rived, when, it appears, he, together with Bus
tccd and Martin, held consultation at the Sec
ond ward station-house. Prestons wife, his
counsel, and several of his friends had been un-
firing in their pu.suit of, and inquiry for him.
but could learn nothing whatever until man
halloed TO the wife in the Park, that they had
Just taken her husband into the United States
courtroom. Pfeston's counsel and wife hurried
with all speed to the court room, but on arriv-
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 MIR. Jay to quash or dismiss the
proceedings then the counsel should 90 into
their defence or the merits To that end, sew
eral 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 Bustced's affidavit and prove con.
spiracy
The commissioner, instead of deciding the
preliminary motion Of Mr.. Jay, and then stop
ping, took the counsel, the prisoner, and the au-
dience by surprise. He decided the whole case
had his certificate in his hand-deliyered it
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-urging 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
ton to attach witness. His client, however,
was taken suddenly from him and removed to
a back room in the marshars 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 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
Preston's counsel then applied to Judge Jud
son for habeas corpus, but he could not hear
tho application.
Meantime the condemned man was got ready.
His 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 devotion and
tenderness unpaleed. Whenever permitted to
sit near him. she had fast hold of his hand in
both of hers, wringng herself in the most in.
tense, half-suppressed agony. Near the time
OF the final separation, Busted, the LAWYER. to
console her, gave her an orange, or peeled one
for her!
About - o'clock, the procession appeared
from the back room. Gen. Henry F. Talmadge,
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 Shareholders
work. The fugitive was conducted out at the
back door into Chambers street. where a covered
carriage was in readiness into which he was nut.
The crowd, chiefly of colored people. rushed
around to catch their last view Of their friend
some running to 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'I punish 'em
God'll punish 'em !"
The carriage left at the time of writing this
article, Horace Preston is back into slavery for
life. a woman robbed of her husband and a
little girl four years old of her father. So ends
the fourth fugitive slave case in New York.
GARD FROM THE LEGAL COUNSEL OF HORACE
PRESTON, CLAIMED AS A FUGITIVE SLAVE nv
WILLIAM REESE
AS this case, in which the public have taken
some interest, was suddenly terminated this
morning by Mr.. Commissioner Morton giving
certificate for the delivery of the the fugitive
to the claimant, to be removed to MARYLAND
Without any rebutting evidence being introduced
on his behalf, we deem it right to state, in JUS.
tce to ourselves, and as a 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 commissioners to proceed with the exanina-
ton OF witnesses for the defence
II was said in reply, that before doing so, we
would move to dismiss the proceedings on the
ground that the original affidavit of the attorney
on which the warrant was issued, and which was
made, not on information and belief, but abso.
lutely, to the effect that Preston, person held
to service or labor in Maryland had escaped
therefrom, about the goth of March, lS47, and
s. that at the time of his escape, his service or
labor was due to the said Reese, and that the
same has ever since been due to 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 to the control of the
same Preston'-was made, as appeared from the
testimony Of Mr.. Busted, on his cross.exarni-
nation, without any personal knowledge of the
facts sworn to and that the othef testimony for
the claimant was utterly insufficient to prove his
title. 1t was said, further, that if, upon this
rNxNAtD