New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-04-02

COURT PROCEEDINGS.
Alleged Fusftive Slave.

s. Commissioners office, before Judge Morton
charging that Horace Preston, person held to ser
vice or labor in the State of Maryland, did, on OF
about goth March, ls47, escape into another State
and 10 now in New-York, as fugitive from such Ia
Dor or service, &c.
A certificate was made by Richard Busted, acting
for William Reese, of Baltimore, Maryland, claim
ant of Preston, alleging that there 10 considerable
excitement, and asking the aid OF the u D. Marshal
10 have him removed 10 the State OF MARYLAND
1t was said that Preston had acknowledged a. the
Second WARD Police to Mr. Reese, that ne had been
held 10 labor, in other words slave OF Mr. r. and
left there about i've years ago.
L. D. Culver, Esq, appeared on behalf OF the &C.
cused assisted by Mr. John Jay, before the Commls-
sIoneTs, and MI r Busteed for claimant.
Preston il strong-ouils, hearty. appearing black
II an, about rs or % years OF age.
William u. Reese, WHO came 10 New YORK as
agent for the al eyed owner, was sworn-I reside IN
Baltimore, Md; know William Reese, the claimant :;
/ Is my father know Horace Preston, no W present
rave known him ii years before he left Baltimore
De Jeff there five years ago ne was slave there;
al the property OF William Reese, the claimant /,
had knOHn him As such slave for Is years; he and
lived together III the same house for IL years, and
worked at the same business, orick-making, In the
sane yard he was a slave when he left Baltimore,
sno the property Of Mr. X.
BIZ M. Cmlvsr-The way identify him this morn.
ing is from the fact of having known him in Bali-
more; do not know him from any mark expect that
his upper jaw teeth in front are wide apart have
cOnversed with him this morning spoke TO him In
the Second Ward Station House. tOD)ected TO oy
Mr. Culver az the party was In duress but alo wed
! said, Horace. do yOa know me 2" he said Yes,
SIR know you :" asked him what's my name he
replied, Jour name IL William Reese said, you
have seen me before, have you, Horace! he said,
suppose l have, when l was raised with you he
spoke of the time when he left Baltimore ne said
he left Saturday night late we thought he had left
on Sunday morning this was the frat time Preston
Lad seen since ne left BALTIMORE
The Deputy Marshal brought 10 the Commission
or paper TO sign. Mr.. Culver objected 10 the Com
missioner signing paper IN Inc case while the cros'
examination vas proceeding. The Commissioner a.
much ~ said the paper he had signed was not pa.
per in the Mr.. Busted appeared to be exceed
nsly anxious to hurry the proceedings and eonsid-
Culver. Mr.. c. stated that the original warrant in
the case was detective and he would hold response
bic all that were engaged int
witness cOntlDued-TheTo were, at the Station
House, when went this morning, Mr.. Martin, an
officer, whom we call watchmsn. (Mr. Busted OBJ
jected to the witness saying Mr. NJ was an officer,
and the Commissioner said the witness must state
only what he kDewI. Mr.. Busted, my counsel. was
also there, and q man named Joe you must fnd:out
his other name; 90 not know 1 first heard Of
Horace being Attn Station House from Mr. Busted ;
went there about O'Clock / arrived in the City
yesterday evening about O'Clock.
l received Information about two years ago that
Horace was In New-YOrk; do not kn0w who sent
the last infor nation to Baltimore about Horace 1
am 81 years Of age Horace is ABOUT three years my
years OF sge be has three other slaves, the mother
e. S. %osnes 10 nshs vsy
dark she 10 little lighter than Horace do MT
knew whether she was ever married or not; know
she had q husband have seen him often
am not prepared to say whether he 10 now living
or dead he disappeared some four or five years ago.
he did not belong TO my father, but worked about ;
when he conducted himself properly TO ward his
wife my father allowed hiu to stay, but when he
misconducted himself my father lambasted him and
drove him away; knoS HIM to be slave from the
Ttact that my father marned his owner or mistress
Objected to The only way know that he was tho
slave OF my step mother is that he always about
tie house, and heard that he was such, and heard
him call her mistress.
don't know of my own knowledge that my step
mother ever bought him do not know what owner
ship she exercised over hin previous to her marriage
with my father; was too young have no kns vi
edge that she owned him, except heariag her say
she married my father the marriage, believe was
IN 1881 or 1882 lnever saw any bill OF sale OF him ;
l don't know that my step-mOther over transferred
him over to my father. tMr. Culver said IN the
event of the wife being the owner, tue application
must be made in her behalf
My father told me on Tuesday that he heard Ho-
race was In New-York, and he wished me to 60 on
and identify him he said an officer had sent him
word sid not state his name.
The witness was asked II he knew the officer by
whom the man was arrested. IL was objected to-
Mr.. Cuver wished to sho " that there had been al
arrangement 10 pay $50 in the event OF the party
being the same, which had been doubted. Mr. Jay
insisted upon the right Of claimant TO have regular
proof under Oh section of Fugitive Slave Law Of
1850, which he read Opposition was made by Mr..
Busted.
Witness continued officers name 10 James
Martin don't know whether my father received
telegfaphc me ssage; he merely told me he had re-
ceived Information that Horace was here think
he received notice by telegraph; he met me in the
stable, said he had received dispatch, and asked
me- TO 60 on do rot know what Martin communi-
Gated to him or what was mis- previous communica-
A<. Al hat hare m
between Martin and my father in regard to catching
Horace my stepmotner did not live more than five
or six years after her marriage do not know woetn-
er she ever made a Will AZ the time of my step.
mothers marriage she o wped another, yellow man
named Smith | was ao0ui III years OF age when my
father was married; l am Rot In business with my
father, nor has he divided off any property to his
chllcren; my mother lived In Cambridge before shs
married my father; never heard that Horace was kid
mapped aud sold to my sIepmother understood IN
le4T that he was kidnapped and carried OF, but
Horace himself told me this morning that he walked
of himself nv father gave me no direction 20 set
tie or pay Martin IN case the claim was established
ne gave funds in relation to the OBJECT think
Horace's two sisters were born after my fathers
marriage.
Q-Do you know that your father did not send him
to another State ON business
A. 1 do. My father told ne be had run away, and
toek with him q suit OF clothes worth $40; suppose
he walked away was married, and was not living
with my father NJ that time.
Q-Do you know no wlns went away, aside from
what mas been told you
A.-lkrOw that he and Dick were sent to work, and
on sunday morning they we're absent and tho Mon
day following, and my father SAID DICK and Horace
had iun away from the fact Of their being absent,
knew that they had run away; can swear to my
own knowledge, that believe my father never sent
him cut Of the State.
Q.-Do youskIow whether his mother was ever
permitted 10 60 out Of the Ststef
toojected to. Mr. c. said II the women had been
sent on, Of the State, it made her free woman and
her child reel
A.-As far back a. my memory goes, can swear
BIS mother never Was sent out OF the State. do
no. snow mat at the tine OF my father marrying my
step mother tia, che had any landed estate or ether
hopeny MY father was then brick maker OF 40
sesis standing; do not remember how many chill
died ''~o %
~ Mr; Basfssd-Do not know what property my
sng Az, possessed when my father married her
sasa. ns cane Into the house she brought In these
-. q. quo "a. anossssand she owned them.