Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1854-05-31
THE FUGITIVE Slave CASE.


We continue to-day, the details Of the trial
Of Anthony Burns, Cor the alleged crime of
stealing himself The hearing before Com
missioner Loring, was resumed at IL past 8
o'clock, on Tuesday. in the U. S. District
Court Room. The Court was guarded by the
U. S. mercenaries.
{ Mr.. Ellis resumed his opening argument
which was one Of great power, eloquence, and
legal ability. He showed that the warrant
was not sufficient evidence in the case He
argued that the charge against Burns was al
together insufficient to hold him. 1t alleged
that he owed service to Col. Suite, but it did
not set forth how. They were bound to
allege that he was Slave. Mr.. Ellis said in
regard to the record, they offer it, and they
must stand upon it, as a record entitled to full
faith. The record is not binding in Virginia
without notice to the individual, and it is
entitled to no more weight here, by the pro-
visions of the Constitution. Healso repeated
the point raised yesterday, that the commits
sioner, could have no knowledge of the Courts
Of Virginia, or the Seal of the State which
was purported tobe affixed to the record. He
quoted Grcenleaf, sec. 4S9, to sustain this
point, that the laws of other States could not
take judicial cognizance of this record the
record could only be proved in Courts of
Justice as foreign laws.
Again they have offered here for several
purposes the confessions and admissions Of the
prisoner. He quoted authorities, Greenleaf
2l5 to 229, to show that under the eircum-
stances, these confessions could not be taken.
To be admissible, they must be voluntary, and
must not be given under the influence Of
threat.
Mr.. Ellis took up other points and argued
most powerfully, that, according to all the
precedents, and in conformity with the almost
universal practice Of law, his client should be
discharged.
He then spoke Of the evidence, and said he
should show in point of fact that the evidence
they adduced, that Buns was in Richmond
about the 10th of March was not SO. We
shall present witnesses who identified Burns
on seeing him, and show that this case, is
founded on wrong. In conclusion he urged
that the Commissioner would see even handed
justice fully done, and that the man should
have trial upon those principles of fairness
which he has right to have, growing out of
these circumstances, which have nothing any
where to be compared with them.
Evidence for she Defence.
The witnesses for the defence were then
called-the first was
William Jones, (colored. )-reside in South
Boston; am laborer; know Burns saw
him first on Washington street the first day
OF March; talked with him half an hour ;
employed him to go work on the 4th day of
March In the Mattapan works at South Bos-
ton worked at cleaning windows; he work.
ed with me five days; the day / saw him I
made minute of the fact in Mr.. RUSSELL 1
shop, and asked Mr.. Russell to nut il down
on my book; keep a memorandum; can't
write myself; the entries were made in the
book by Mr.. Russell; agreed to give him
eight cents a window, and when he aesnt
Through with the windows, L give him d dol
9 lar and half; he said / hadn't settled m
with him right; he went to the clerk about Il:
have that memorandum book iii WAS hand :
90 70 the COUNSEL; on referring to this book
an able to state that did 60 with. him al tl,;s
time 70 south Boston to work.
Gross examined. Never saw Rur,s haf,-. I
saw him on Washington street ~ s. ssol-
10 me first don't recollect the dav ~ Fe N
week al,cut the first Of the weel.. 7 -. ~.
tlfmjgst before the Commemorate osea.. 8 ~ y
said he could do most anything: taol. ~; =
from there to Mr.. Russell's shou. and ,r s,.r.
from there to Mr.. Ferns shop; Russell kesn