The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-04-04
United States Commis.loner's Court.

Before George w. Morton Esq.
IN THE MATTER OF HORACE PRESTON, AN ALLEGED
FUGITIVE PROM LABoR-AoRE CONFUSION IN
COURT.
Arm AT the sitting Of The court this morning,
lno,Sn or eounssi Tor The fugitive - 'i'
Southern District II Nesr IoTkIs ne matter or tie r.
odWeion u Horace Preston G irc from s1cs and labor
Bo,timore, NuvgrG-Usai-is Reese claimant Horace
Preston fugitive from service labor owing to
Nfliam Reese, Of Baltimore. State of Maryland il
brought before the Commissioner under warrant issued
upon affidavit and power Of attorney which fully COM
Piled with the rf'remsnts OF the statute 10 such pre-
iimnaTy proceedings The fugitive Of whom service and
labor claimed bias been rcI.eeDte hy three cbe and
jealous members Of the bar and the subject hrs been so
thoroughly discussed as. that counsel both sides,
cannot but be fully satisfied Of efficient
performance OF their respective duties. The APP
plcaton Of the claimant for o certificate Of resto-
ration reefs upon the latter provision, the 10th
hon OF the act Of Congress Of the 18th Of
and which presents the simple question whether salts
factory proof, competent in law has been produced
itfore the Commissioner for sustaining the application
on behalf o. The party 10 ynom the service and labor Is
sneged 10 DC ow ny Nilipm D Reese. Of Baltimore,
o examined for the claimant. and after having I'M
examination Of some three or four hours,
the following iacts TO the truth OF which the
Commissioner ent. rain no reasonable doubt and the
competency Cf which. legal proof in his Judgment
stands very clear For period II thirteen years the
witness had lived dwelling with Preston. who
during all that time publicly and VIGOROUSLY known
and regarded the property Of William Reese. the
himself during that time always acknowledged and act
cd consistently with the relation IN queston--that;
with some others, Preston had become the proper
" Of the claimant a t,cond marriage that witness
labored daily side by ride with Preston at the busi
Of brick making Tor about two yearwsnt out with
him in the morning and returned with him in the evening"
that Preston had sufficient time at his own disposal to
able him to earn for himself about three dollars week
and that while 20 situated ne suddenly dsappeared from
Baltimore about The Z0h OF March 1871 The main point
contepdod for on the ny counsel ior the fugitive
H. that right to the services Of Preston could be proved
this preceding hy any other evidence than that OF
deed other showing the right in question to
have been acquired hereunder by the claimant William
Eeeee This argument las not been sustained by the CT
taion Of any Judicial authority 1t A. not shown TO he
indispensable under the laws al Maryland Il any such
proof made ty any provision 81 the Of Con
gress bearing upon tls bTuuch 81 the subject. Under
The pTccf in this tie Commissioner feels bound 10 be
satisfied that protCn i idutihcd owing service and
labor 70 WIN. Reese 81 naiimoTr. Mary land and fu-
live thercircm and tlat th, clmnt has the right by
virtue q the act Of tCLres above mentioned 70 ccrt-
fcate al appropriate import which il accordingly