Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1854-06-03
TnE FUGITIvE SLAVE CASE.
BURNS SENT BACK TO BONDAGE !.

~Ntih4.ooASAASh A<oAAiASs SNAAHAtANANNs
to hurry to the Court House, from that time
until the decision was announced.
About half past seven o'clock, detach-
ment of U. S. Artillery marched into Court
Square, with field-plece, which they point
ed to Court Street, and which they loaded and
unloaded, as an intimation to the citizens that
they could shoot them down more rapidly even,
than they could go through their insulting
exercise.
AT nine o'clock, the Court House bell
tolled for the opening of the Commissioners
Court, and at half past nine the decision was
rendered, that the claimant was entitled to
Anthony Burns.
The decision of the Commissioner created q
deep sensation in the Court Room, for it was
generally supposed that the result would be
different. The number and responsibility of
the unimpeached witnesses, who testified that
Burns was in Boston four weeks prior to the
time the plaintiff alleged that he made his es-
cape, furnished good reasons for the SUPPOSE
ton that the doubts as to the identity of the
prisoner would weigh in the Commissioners
mind in favor of Burns.
During the delivery of the decision, the pris-
oner fixed his gaze upon the Commissioner,
and as the conversation between himself and
master, as sworn to by witnesses, was detailed,
he listened with the most intense earnestness.
When it was stated that he said he was "wil-
ling to go back" to Virginia, the prisoner
shook his head very emphatcally, as if to in
dictate that the statement was false one.-
This act was noticed by many persons, and
created considerable surprise, as well as SYM
pathy, for the unfortunate man.
The Commissioner's Decision.
The Commissioner first considered the OBJ
lection of counsel to the Fugitive Slave Law,
that it is unconstitutional. He decided that
the =" law . is Constitutional.
He next reverted to the argument that the
"law " is wicked and cruel, and no good man
will execute it, and SAID:
g 1t is said that the statute is so cruel and
wicked that it should not be executed bv good
men. Then into what hands shall It's admin
istration fall, and in its administration what's
to he the protection OF the unfortunate men
who are brought within its operation viii
those who call the statute merclless commit it
to a merciless judge:
What more merciless judge could be found
than Loring:
The Commissioner thea took up the main
point.
The facts to be proved by the claimant are
three:
l. That Anthony Burns owed him service
in Virginia.
2. That Anthony Burns escaped from that
service.
These facts he has proved by the record
which the statute, sec. 10, declares ''shall be
held, and taken to be full and conclasiee evil
dence of the fact Of escape, and that the SER
vice or the labor Of the person escaping Is due
to the party in such record mentioned"
Thus these two facts are removed entirely
and absolutely from my jurisdiction, and [
am entirely and absolutely precluded from APP
plying evidence to them. Ii therefore there
is i'll the case evidence capable of such appli-
cation, cannot make 1t.
The Sd fact is the identity of the party be-
fore me, with the Anthony Burns mentioned
in the record.
This identity is the only question 1 have
right to consider. To this, and to this alone,
l am to apply the evidence and the question
whether the respondent was III Virginia at a
certain time, is material only as it is evidence
on the point of identity. So the parties haze
used it, and the testimony of the complainant
being that the Anthony Burns of the record
was III Virginia on the 10Th of March last,
the evidence OF the respondent has been fer
ed to show that he was in Massachusetts on or
about the first Of March last and thereafter
till now.
The testimony of the claimant is from sin
gle witness, and he, standing in c,rcumstan-
ces which would necessarily bias the tairest
mind-and other imputation than this has not
been offered against him, and from anything
that has appeared before me, cannot be-his
means of knowledge are personal, direct and
qualify him to testify confidently, and he has
done so.
Tie testimony on the part of the respondent
is from many witnesses whose integrity il adj
m ted, and to whom no imputation of bias
can be attached by the evidence i'll the case,
and whose means Of knowledge are personal
and direct, but in my opinion less full and
complete than that of Mr.. Brent.
The question now is, whether there is 9TH
Ct 0NiQSHcG III ILLS CdSe WHICH WILL uClcIlOlle
this conflict. In every case of disputed iden-
tity, there is one person always whose knowl-
edge is perfect and positive, and not within
the reach OF error, and that is the person
whose identity is questioned, and such this
case affords. The evidence is of the conversa-
ton which took place between Burns and the
claimant, on the night OF the arrest.
Loring then Iecapitulated the alleged con-
yersation between Burns and the kidnappers,
which Brent detailed, and which the Com
missioner accepted as evidence.
He then said:
To me this evidence, when applied to the
question Of identity, confirms aud establishes
the testimony Of Mr.. Brent in its conflict with
that offered on the part Of the respondent, and
then on the whole testimony, my mind is sat
isied bepond reasonable doubt, of the iden-
tity of the respondent with the Anthony Burns
named iii the record.
1t was objected that this conversation was
in TIE nature Of admissions, and that, too, of
a man supplied by circumstances, and these
considerations would have weight had the adj
missions been used to establish the truth of
which they referred to, l. e., the usage-the
giving money-nursing, &C.; but they were
used for no such purpose, but only Evidence
i'll reference to identity. Had they been pro
cured by hope Or fear, they would have been
inadmissable; but of that l considered there
was no evidence.
On the law and facts of the case, consider
the claimant entitled to the certificate from. ne
which he claims.
As soon as the decision was rendered. the
Court Room was cleared of all the spectators,
to allow the necessary preparations to be