New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1854-06-01
nv relegraph.l
BosToS, Wednesday, VI

-, Telegraph
BosroS, Wednesday, May 81 1884.
The examination in the fugitive slave case resumed
this morning at q oc clock
The Courtroom was quite full, and the crowd outside
exhibited large increase yesterdays attendance.
The Hon. Joshua X. Gddngs, Wendell Phillips and
Theodore Parker were in the Courtroom
Erostus b. Gould and VIM. II. Batchelder were called
by the prosecution ebut the testimony given yesterday
Their evidence tended to vtae the testimony Of WmJones
Mr.. Ellis objected the introduction OF conversation
between Jones and the prisoner.
The Court ruled that they might introduce such
saton 20 as to show that Jones had made a contrary
statement
Benz Zane, one of the Marshals special Deputies
called by the prosecution to prove the admission Of the
prisoner as to tie time he left Virginia.
Messrs Dana and Ellis strongly objected.
Mr. Thomas replied that the main question here Is az to
identity. Is Anthony Burns the described in the
record Io held that the record is conclusive that one
Anthony Burns did service in Virginia and he wished
to show the admissions the prisoner that he that man.
Mr. Dana oppos ID this mode of Identification. We at
tack the record by showing that tho r-is~~s- could ot
have been IN Virginia the the goth March-hc being
here on the LIST.
Mr. Thomas said the record did show the time of es
cape but merely forth services due. He did not deem
the time of escape material.
The Court ruled that the admissions of the prisoner
could be received and further added These questions
are quite subtle, and should change my mind will
- give YOU notice.
Mr. True then commenced giving evidence but was con-
tnuay interrupted by counsel Witness said he had been
here about two months perhaps not quite 80 long, ana tha
he came from Richmond, Va.
The case for the prosecution closed here.
Mr. Dana then commenced the closing argument for the
defense.
Mr. Dana occupied the attention of the Court for several
hours in his argument which very able lie congrat-
uated the Court and Commonwealth the prospect Of
speedy relief from present degradation by the release of
Burns lie said While the peace Of the city Is hazarded
her Of justice the rest OF the city was never so
peaceful. Brohes ure left in charge Of women only
ghtng-dogs and rsce-horses have nothing 10 do and
congratulate the Marshal that his usual good reputa-
ton il not to be further contaminated by those around
him. ! congratulate you that to be relieved OF
these things by the release of ths IL were 10 be
otherwise would rather these things should continue
" for all time.
Mr. Dana argued that Mr.. Bronts testimony alone sus-
tanned the claimant while half dozen Witnesses whose
testimony had not been mpeached swore positively nat
Burns had lived in Boston weeks previous TO the date
of his alleged escape from Richmond Trues statement
nbou, Burss admission that he had been here abou. two
months. amounted to nothing at all. Trues attention
not called to the point time and goes for nothing a.
no definite point of time WAS fixed. Mr. Brent testhes
that Burns willing to go back. II so why did they
seize and lock him up 1t requires half the bayone's -
Boston TO keep him here and II takes 80 much force 10
keep a man who willing 20 back, what will it take 70
keep a man who not willing to go back The claimants
say that Burns in Virginia the 10Th and las missing
on the cath This does not prove that he escaped Then
they bring admissions Of the prisoner that he escaped
but bis admission does prove anything Of the kind The
record SAYS be owed service to Mr.. Suite hIs their
testimony shows tina, he in reality owed service to an
ohsr person. This record says also that he escapes ou
their testimony shows that he did no. escape 'h inc
record stand under such circumstances The record does
no. even says that the prisoner Is negro tSt inpya
person Of dark mplexion. Now record hei i"' NOT
describe genuine negro better than ai conros be re-
c,ivcd The omission is fatal Tho record dess not say
that he escaped into another State. They endeavor to
prove here by parole testimony that he t1 aecspc into
another State but there is evidence in he record 10
that affect II they mean roy upon tn record they
will c.rtalv fail Your honor has right grant
t6sae without proof OF escape into sneer state and
there is no enco in tie record TO that eject and you
can act only xsder the record
The foregoing are only few Of tho heading points
Mr. Dana'a argument which lsioacd to aticnivsy
by the coari and crowded audience.
Seth j. Thomas Esq made tho closing argumors sor
the claimant lie comphmoned the United S'a,ee anr-
shall rud the Court Tor fairness ard mpartaiy du, The
proceedings. lie also congratulated Boston that fanea
Hrn cosed to-day against inhannatory speeehes and
b.aspbcmy. lie alluded 10 licensed preasner Of tho
Gospel then present l,he Rev Theodore faTker) who
had made the charge Of murder against nc honorable
Commissioner but Mr. Thomas thanked Sod that both
the Commissioner and counsel could rc.,o 10 rest wste'
bood-g ultness in the murder spoken g.
Mr. Thomas then proceeded to rssiew tho oy onoo in
tho case end conlendcd that the objection 70 the precise
day in the record inmAicrr that tho Identity Aia
ownership being ally proved by evidence WIS., sao'n'
for his Honor 20 gran, ORDER. lie pointed OK a.
siderable lcugth the discrepancies in Joaos evidence
sAd that hs statement coald not be- received g i.' "
to the other witnesses, they may, very na'l'A, -,
taken Doubtless they a eelored man "'A 49,"
bu, without any Interior interest, ne sSe"s"0u S'Sia W