New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-01-28
THE JERRY RESCUE TRIALS.
United states Circuit Court-special Term.
BEFORE HON v X HALL. L. :. CIRCUIT JUDGE
Reported for The Sev.YorL Daily rribuur.
SECOND DAY-MoRSGG SESSION.
ALBANY. WednesdaY. Jan. q. lGi

ALBANY, Wednesday, Jan. q, 1850
The Court met at 9 o'clock A. NJ, pursuant
TO adjournment
PREsENT-Hon. James R. Lawrence. T. s. District At.
torney, and Hon Henry O. Wheaton, OF Counsel for Gov
I eminent
J. w Nye D. D. Hills c. b sedgwick. A. J. Colvin and
G. smith Of Counsel for defendants
The defendants some fourteen in numberdve six Of
them eoloed-wery all present together with about tty
Witnesses for Government and defense.
The District Attorney moved the trial Of Enoch Reed
The Court said jury would be empanneed If there was
Mr. NYE--Is there q full PANEL Sir
THE CoURT-There are a or Is present.
Mr. HILLIs-l the Court please the principal witness
for the defense VIII not be here until o'clock
TIE CoUsT-Iha IL not matter OF importance at this
stage-the jury can now be empauneled in the case.
After several challenges the Jury completed as fol-
William Terry, farmer, Coeymans Alfred C. Smith,
II Beny %sI SGoe sSa M Ab9Ry gsS
en- Ceeymans; Briggs Tnpp. WesteIio William H. Perry
Hiram Warner Bern; Cb.s Witbeck, farmer We.terlo
The Court said the Petit Jurors drawn were discharg
ed for the day H was better that they be not here
they may be called another OF this kind The
advises Them TO be absent.
The CRIERThe Petit Jurors will please leave tn Court
Room
Mr. Lawrence opened the case by saying that similar
bed before occurred in tins State lie stated tho
charge in the Hdctmenthst Jerry gitive from
II Missouri under the laws thereof arrested aud that
from the hands Of the officers This occurred the.st OF
October 1851 IL cannot be disguised that the questions
volyed have taken hold OF the public miadperhaps may
say, OF the public prejudice. The ncenday doctrines put
forth by fanatica and papers these trials great
interest The question grave in another point OF
Of binoI and paramount obgaonand whether conyic-
ton Be had for their violation. He on % recte
On Abstract of the different counts in the indictment.
lie went to state the facts bdefy Some time in Sep
TENDER 1851 James Lear the syens Of the claimants with
record eyideuee under the 10th Seconbu had been
Gently decided that that section applied only 70 Of
cape subsequent the passage of the Law aud Lear returned
70 Missouri. On the 3Oh Of September; warrant is
sued and the lst OF October Jerry w,s arrested An
Abolition Convention and he'd been nlle1-
ed that th arrest made that day, with view
roy ts neInbersbut tins was not true for he was arr.ssd
AZ tie first practicable moment after Lear, return The
souers OEce N the Townsend Block-t5e edoHrrneat 70
thePolce Office On-Jey' running away and recap
al O'Clock IN the aternoon-his srston IN
Ponce oteeIspeeehes on the platform Q, sn neenday
chaTacteTat dark stones thrown through the
dOws-ut abost dark Court sdourned til morning. AZ
about o'clock with ironbars axes CROW bals plans IS
openp istols were tTed-the s were turned of &c,
aid the fugitive Jerry oreby taken cut Of the hands Of tie
We shah proye-eontinu1 the ne Dsen.
dant took active part IL Is ditcut identity all that
was DONE a' vas IN The night AID me hsns aad been pat
The punishment IS not over six nouthsipr comment AID
tine hot t1eeecing SlOCc-s hight punishment for 20 IA
THE learned gentleman CONCLUDED BY saying that was to
be Hhths! any law Of ts United States could be
cessfuly resisted II It's execution.
Jcsdph T. Sabi@e ealled-Reside AZ syTacuss U. s.
Con missioner.
Mr. HnLls-waita moment; how were you appointed
By Judge. Couklng and Nelson; re Ts that knew Of Il
was certified copy OF the order Of the Court have he
copy with me was appointed IN June, 1880.
Mr. HILLS remarked that he Wished 20 nd out whether
the gentleman an officer lie YVES appointed under
Jcis sct. We object any evidence from this
until settled that be is Judicial officer We deny that
he be Judicial officer under tie Constitution Il zves
40 authority for such appointment We have, also,
the best evidence that he properly appointed and that
hat gives HIN authority TO ACT
sei.l officer. Ts aoes no, provide for the appoint
ment OF Conn isiouer IN this way. Mr. Sabine ap
pointed before the Fugitive act passed We deny that
bring existence Judicial officer, with power for fna
Judgment be created Ii neither Of The avs provide
the manner il IS here to Be decided that Commissioners
he created In civil il Is necessary tina, arsdic
TIE CoUsT-I unasrstsne three objections 70 be made
That the evidence Of Commissioners aPpoin,mentis
not suff Gent.
? That the act il uDccr ssi.utionel-
And that power conferred BY the acts fer such
IA NYE-Another-that judicial Officer. under the Gov
eminent Of the United States cannot Dc appointed By N
Tie coart held that Mr. Sabine hAd been acting from nj.
supsutIDent to this that the Judges Of the United
ii es h.d made appointments SINCE 1872; that officer
appointed before the passed aud lastly the
al obiecten involved under the ~ objection The
Commissioners nnder the Constitution not Judicial
officers there1cTe overrue the objections and you e4a
20 en- with the examination Of the witness.
cr the Of Jenny the tnes then read tie 2d@vt
hat JsIy OVID 'gyes IN NisO J.nss h-s s o.
that N lS45 jenny sid u lssou-1 " one ~ % ene
Miller the warrant issaed BY witness - Conn.sonsr on
he let Of oetobe- 1881 for Jss arrest and me return
thereon Of the Duputy Martial :.
Vifsess ooaisaEes-JeTTy was brought 20 ny ohSe 10
ey-euse on TIE Ist day Of Octchr Iso IN custody OF
TA,rv w Alien Detuy Marshal; there were torr Deputy
N M1r,has here when issued the warrant gave 10
Ain lane, T. Lawrsrce Jr was The st,orney Tor efin'
a., a. 1r-.st Wa issnei about II o'elock, A II.
p,,TKJcT ArrosSEY-Wif3ess vii 20 on, and tel what
Happened 81 the Townsend Block
TIiis objected: IL l. not PRETENDED thar knoca had
,,h;rg 10 40 With re a9air :, the Townsend BLOCK
fhe Court oveued the objection and counsel excepted
it,ss -,st rTedThe exsminxrioG went for hour;
"a, ,,s v - densev crowded i Impossible 20 carry
On ~ rx.rrnstoa there Il proPosetio saoz-n %