The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-06-06

call the statute mercess commit II mcrciless judgef
II the statute involves that right which for ns makes
life sweet and the want which makes life misfortune
shall its administration be confined to those who are reck
less OF that right in others ignorant careless Of the
any wish this they cruel and wicked than
the statute for they would strip from the fugitive the best
security and every alienation the statute leaves him
AS think the statute Is constitutional il remains for
now 10 apply it to the facts Of the
The facts TO be proved by the claimant are three
l. That Anthony Burns owed him service in Virginia.
a That Anthony Burns escaped from that service
These facts has proved by the record which the statute
section TO- declares ha be held and taken to be fni ana
Conclusive evidence Of the fact Of escape and that the ser
vice labor Of the person escaping due to the party IN
such record mentioned
Thus these two facts are entirely and absolutely
from jurisdiction and am entirely ana nnsoaSs pre-
is in case evidence capable Of such application can
not make IT, ~
the Anthony Burns mentioned in the record
This identity the only question have right 10 con
slider To this and to this alone am to apply the cyl
aenee and the question whether the respondent in
Virginia or Massachusetts al certain time Is material only
as It Is evidence the point of identity So the parties
have used it. and the testimony OF the complainant being
that the Anthony Burns OF the record in Virginia
the 10th OF March last the evidence OF the respondent has
been offered show that he was in Massachusetts ON or
about the LIST of March last and thereafter Till now
The testimony of the claimant is from single witness
and he standing in which would necessarily
bias the irest mind but other mpuation than TINS mas
appered before me- cannot be- his means OF knowledge
are personal direct and qualify him to testify confidently
and be has d0ne 3d.
many witnesses whose integrity is admitted and to whom
no nputation of bias be attached by the evidence
te case and whose means Of knowledge are personal and
direct but in my opinion less full and complete than those
of Mr. Brent
Then, between the testimony Of the claimant and re-
spondent there conflict complete and rreconeiabe on
the question of identity. Such conflict OF testimony IS
not unprecedented uncommon in judicial proceedings
and the trial of Dr. Webster furnished memorable IN
stance Off
The question now is whether there is other evidence IN
this case which will determine this conflict IN every case
and poe d whose testimony
not within the reach of error and that the person whose
identity is questioned and such this case affords The
evidence is Of the conversation which took place between
Burns and the claimant on the night OF the arrest
When the complainant entered the room where Burns
was Burns sauted him. and by his Christian name How
do YOU do Master Charles n He saluted Mr. Brent also
and by his Christian name" How do you do Master VIII
LAMP To the appelation Master give no weight
accident had happened to himthat he was working down
Roberts, board vessegot tired and went 70 sleep
and carried off in the vessel.
Mr.. S-Anthony, did ever whip you
Mr. Sid ever hire you out anywhere where you did
not wish to go?
Mr. Shave you asked me for money that did not
give il to you
B.-No, sir.
Mr. S.When you were sick did not prepare you bed
in my house and put you upon it and nurse you?
B.-Yes, sir. Nae
Something was said about going back He asked if
he willing TO go back and he said-Yes, he was
This the testimony Of Mr.. Brent That converse
ton took place was confirmed by the testimony Of Caleb
Page who present and added the remark that Burns
said he did not in Captain Shows vessel The
examination of Brent showed ~that Colonel Sntte said
l make you promises, and make you threats
To this evidence when applied to the question of
identity, confirms and establishes the testimony of Mr..
Brent in its conflict with that offered the part of the
respondent and then the whole testimony my mind is
satisfied beyond reasonable doubt OF the identity Of the
respondent with the Anthony Burns named in the record
Ii was objected that this was in the nature
Of sdmssionsand that too of supehed by circum-
stances and fear and these considerations would have
weight had the admissions been used to establish the truth
of the TO which they reerredi e., the usage,
the giving of money nursing &c but they used for
such purpose but only evidence reference iden
y Had they been procured by hope or fear they would
have been nadnssibe but of that considered there
evidence.
On the law and facts of the case consider the claimant
entitled to the certificate from me which he claims
The first division of Massachusetts militia formed upon
the Common about o'clock, mq in accordance with
the order Of Major General Edmands await the
mand of the authorities in the preservation of the peace Of
the city during the enforcement OF the fngvesave law in
the rendition OF Burns With exalted duty per-
vadng the breast ofevery il perceive that
the ey peace in their trust and the law
in its operation with strong and strong hearts sup
port IL
The police out in their entire force under the inn
mediate disposition Of chief Of police Taylor, and
stationed at such points most exposed TO the
sqaare tnronged with people but the square itself
kept free by the energies OF the police
six-pound cannon brought from the navy-yard
and placed the square, under the direction of the United
States troops at the courthouse and short time
pended by the soldiers in drill practice showing by their
evolution that real Of the weapon under their charge
would be most hazardous to enemy
The in the vicinity Of the courthouse and the
the procession to take closed the crowd
that hronged the streets precudng all possibility OF doing
business The upper windows the buildings that looked
upon Court square filed with from early
hour those Of the buildings in Court and State
streets.
Some people hung patterns Of black and white cambria
from their windows A lawyers Office in Court square
was trimmed with black The Commonwealth Office
decorated with coffin, bottom up inscribed Liberty
which hung by from the tops of the buildings be-
meath which the procession had pass its way the
buke
Early in the morning Mayor Smith issued the following
rnocLAnAuosl
To NE CihyeHs Of Bosfoo To order throughout
the city this day Major General Edmnnds and the chief
police viii make such disposition OF the respective forces
under their command will best promote that important
object and they clothed with full discretionary pow
ers 70 sustain the laws Of the land
All we-disposed citizens and other persons urgent
y requested 10 leave those streets which may be found
necessary clear temporarily, and under circumstances
to obstruct modest officer civil military, in the
lawful discharge Of his duty.
J. " c. SMITH, Mayor
MAYORS 0FfIos, City Hail. Boston, June 2, 1854
At hapas eleven o'clock troops took up their line
Of march from the Common, and all but the lanccrs took
mp their position State street.-the lancers forming ON
the side of the courthouse Companies were detailed
ia tInt ~art,, J.,.