The national era. [volume] (Washington [D.C.]) 1847-1860, 1852-04-15
THE CASE OF HORACE PRESTON.

against the new contract
THE CASE OF HORACE PRESTON
Another evidence of the practical operation
of the Fugitive Slave Law has just been fur
nished in the case of Horace Preston, who was
arrested on q charge of larceny, without pro-
cess, in New York and hurried off into Sla-
very in a most summary" manner A CON-
plant was made on the LIST inst, before Judge
Morton United States Commissioner. A certi-
fcate was made by Richard Busted, acting for
William Reese, of Baltimore, claimant of Pres
ton. The proceedings were hurried though,
without permitting the alleged fugitive to offer
the claimant amid the protestations and en-
treaties of Preston's counsel
The following cards show in the clearest
manner the character of the trial, the closing
one of Mr.. Emmett, on whose testimony Commits
sioner Morton relied to substantiate his state
ment confirming all that had been before
stated by his associates.
CARD OF MEssRs. JAY AND CULVER.
AS this case, in which the public have taken
some interest was suddenly terminated this
morning by Mr. Commissioner Morton giving
a certificate for the delivery of the alleged fu-
| gtive to the claimant to be removed to Mary
land without any rebutting evidence being in
| troduced on his behalf we deem it right to
state, in justice to ourselves and as a matter
| proper to be known, the true facts as they oc-
| Cured.
On Friday the attorney for the claimant de-
cfared- case closed, and we were asked by
the Commissioner to proceed with the exami-
nation of witnesses for the defence
1t was said in reply that before doing 80, We
would move to dismiss the proceedings on the
ground thatxthe original affidavit OF the attor-
ney, on which the warrant was issued and
which was made, not on information and be-
| lief, but absolutely to the effect that Preston,
q person held to service or labor in Maryland,
had escaped therefrOm, about the goth March,
lS47, and 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 said Preston was made, as ap-
peared from the testimony of MIR. Busted, on
his crOss-examinatoD, without any personal
knowledge of the facts sworn tO-and that the
other testimony for the claimant was utterly
insufficient to prove his title. 1t was said, fur
ther, that if upon this motion, the Court should
decide that the evidence was sufficient To sup
port the claim unless rebutted by proof for the
defence we had number of witnesses i'm at
| tendance, besides others whom we had not yet
found but for whom subpGnas had been issued
at our application by the Commissioner, and
placed for service in the hands of the Marshal
but that as our motion to dismiss the proceed
.ings, if granted, would render their examina-
ton unnecessary, we proposed to argue that
motion first.
This course was not objected to- The mo-
ton to dismiss the proceedings, in the nature
of motion to quash for non-suit, was argued
at length with the distinct understanding, thus
asscnted to by the Commissioner, that if that
motion was denied, We were to enter upon the
defence this morning. Our arrangements were
made accordingly, and our witnesses directed
to be in attendance.
This morning at the opening of the Court
the Commissioner delivered his decision, deny
ing the motion, and granting the certificate of
removal, taking us altogether by SURPRISE and
refusing to hear our protests against conduct
which we regard as absolutely volative of the
liberties of the defendant and of our rights as
his counsel
An affidavit was then made by Mr. Busteed
= which we presume was an affidavit of danger,
for the purpose of procuring for the claimant
the escort OF the Marshal from New York to
Baltimore and the payment Of the expenses
from the United States Treasury but this we
do not know positively, as the Commissioner
refused our request to be allowed to see it,
Preston was Immediately removed from the
court-room and soon after placed in hack
and driven off
Application for a writ of habeas corpus was
made to Judge Judson, who refused to hear the
motion, on the ground that he was engaged in
} another case.
) We are under the impression that the mo-
ton would have been denied, upon the ground
stated by Mr.. Attorney General Crittenden in
his letter to Mr.. Fillmore, after the passage of
the Fugitive Law of 1850, that the certificate
of a Commissioner is to be regarded as the act
of Judgment, after fair and impartial trial of
a judicial tribunal, having competent jurisdic-
ton
How far the conduct of the Commissioner in
this case, in admitting all evidence offered for
the claimant, of whatever character, including
an affidavit made without knowledge, and con-
LESSONS of the defendant while in duress-hs
refusal to compel an interested witness to an
swer on cross-examinaton, and his cutting
Oft all opportunity of rebutting evidence by a
snap judgment, made in violation of good
faith--comports with that strict impartiality
and fairness which ought to be preserved in
trials involving the right to liberty, is a ques-
ton which the undersigned submit to the judg-
ment OF the community +. ID. CULVER.
john JAY.
New York. April 3, 1882