New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-02-03

The JERRY RESCUE CAsE.-The trial of
Salmon proceeded yesterday; several witnesses were
called for she prosecution but their testimony not
particularly clear In opening for the defense Mr..
srpowIcK said the District Attorney had very proper
y characterized the case Of importance-thst
was the first in which the main question presented
to this jury has before jury in this State
The other case did not bring up ln hattral proof
was attempted Of the question the slavery Of the
who was arrested 1t contains distinct classes Of
couns-one alleging the slavery of the man who was
rescued under the law of 1850; and the other without
any reference 70 slavery that which passed IN lI9O
The District Attorney IN has opening, made very strong
Ii proper for me 10 state 10 the jury some OF the
features OF the occurrence.
Ii appeared in testimony that the city was crowded
that day with State Convention aud FAIR and by
those who were unused and he hoped ever would be
unused TO such peculiar eNcements as THIS; that OF
witnessing the cspure and claiming an alleged slave
was day OF intense excitement, such rs those there
never otherwise experienced IN Their hves was not
day for cool observation. Things Insignificant were
magnihed 10 the largest proportions. In the Court not
only those engaged talked but others; the crowd did
NOT seem 10 hear the Commissioner when he asked
them to adjourn. Then at the Police Office there was
immense and excited crowd and was dark 50 that
one witness testies that he could not recognize man
for ten feet Marshal Allen, and Commissioner sabine
who have lived there for years. could not recognize any
one In this view the District Attorney was too broad
in his statement.
am instructed that we shall be able to prove that
Salmon did moi interfere with Allen, and that Kinney Is
entirely mistake On In what ne SAYS And as TO what il
aeeed Salmon ssd there is reason 10 believe that the
witnesses are mistaken, and every thing depends on
the precise words used At the precise time Toe jury
will have only this part OF the case TO decide az 10
whether Salmon clinched Allen
wish 70 call your attention 10 the point you are TO
decide; whether Salmon went there with criminal In
tent or when they did that which was an cHens ln1sr
excitement this Il not sufficient. The intent must be
shown Furthermore, Mr.. Salmon went on bis ordln.
sry business and engaged or its portion OF the day
The gentleman referred 10 the testimony Of Brooks.
You are to be brous the point that II was the prison
err beyond al reasonable doubt, before you md il
against him The rest OF the testimony IN regard 10
his own admissions. Ii Is testimony thst should be
taken with a great deal OF allowance; and especially
under the present circumstances Of excitement, wnen
the mind was almost thrown OF IFS balance.
We shall show that the witnesses, Payne and samoa,
bad wood contract with Charles Leonard. tney ddthe
business a, the Office, and went 10 the Police once
Mr. Leonard remained with Mr.. salmon I'll after the
plank went in all after the pistols Of Marshal Fiieh
were fred We shall show by another witness, tnai ne
went with Mr. Salmon from the bridge and relnsuleu
with him during the ngh.that they went TO the syria
euse House took sn omnibus TO SaEna, and remained
for the night IL Is well settled that you are 70 De gov
erped by facts clearly proved and not by alleged cen
LESSONS which through the excitement OF the speaker
the carelossness OF the hearS, have been made IN
eopss,en, with the facts and which could never have
been made in consistency with truth.
Another part Of the IS that you are 10 decide
whether Jerry slave and whether As such ne was
the property OF MeReynods Perhaps you have al tne
case Before $50 the father Of John Mercy holds had
his farm and claimed 20 own, black woman named
Cele He died about le0o 1910 died with or Misnoui
a whit Is not known which Ii without AVN, tAey
bslonsed 70 the children. Then the willow nist!leu
Henry. Tha: cid not give Henry the properly. 49s
the way was lett last night This morning an anstion
was had and Cels with the hogs and horses ana heary
bid on the woman Soon aitor Jerry Was eorn-ot
black mother who had no husband--and he was null
lsito 1t will be shown ON good authority that man
his offspring; and you should be OF spin
ion that Henry the father, II VII m1aenee your de
cisioh
Then TO Missouri The ''Conlpronlises' OF The
Constitution did not apply TO Missouri while territory
TWAS bought Of France in 1909; and In 1875 when jer
~ wen, to Missouri there no law there, thsi could
hold slave for an hour II settled rule tst slavery
cannot EXIT except BY positive statute There was no
power in Missouri in ISL, that could make man q