The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-06-02
THE BOSTON FUGITIVE SLAvRCAsE.


Counsel.
From the Boston Atlas June
Aeh O'Clock the rebutting testimony fof the claimant
Was continued large number Of witnesses having been
sworn.
Eras,usB Gould was cared-Reside in Porter street;
had the care q the city building last March, and have
had for two years Jones for that building
the 25th of March and no other time during the month
he had two with him. AMI nobody else never saw
the prisoner before only there mornings and nights
my brother (who testified Tuesday, sent Jones
there for me he employed there at any other
time during the month by me or any one
Cross. examined--aiy brother, as well myself has
mis- work to do in the morning anu ut night
VIM II. BatcheIier called -conversed with Jones on
MONDAY this week IL at the Out side door Of the
Court House, btw~sn anu O'Clock On Monday night,
after the court adjourned,
The defence objected TO he admission of this CONVEX.
sation Jones had been permita ,estiry to II
on his examination in chief The objection was
tanned.
Benjamin True called TO show AN admission b, the
defendant as to the tincc ~Asn he came to Boston.
This objected 20 shat adm ssipns Of the prisoner
could not be ell evidence and that 1t was not
rebu;ing testimony.
Mr. Thomas said it Intended refute the affrma.
tive position OF the de.ence OF he nature of an alb
that Buros in Boston before the ale .ed escape
The COMMISSIONS ruled Tint the admissions of the
prisoner might be received subject 10 his future doci.
sons lat the evidence ni Burns neng in Boston
about the first Of March attended to show
identity ana that hr irues testimony intended to
be CONSIDER ed as rebung testimony, u received at all
Witness continuedu"uycrsed with the prisoner lasi
Friday Saturday in regard TO ho~ long lie had been
think II Was in the mori.ing; then appointed
put, by the Marshal, 70 take charge Of him
prisoner was under intimidation aud in durlnce at the
time If this NersatiOn
Mir Parker argucu ihai the testimony admissible,
unless actual intimidation could be shown.
Mr.. Dana quoted o. the courts Of North
Carolina rejecting the ie, imony of slaves because il
was likely Ia BE- the echo II their inase,S wishes.
1te Commissioner ecitet hat t!c EVIDENCE might be
admitted, il, upon previous examination for That pur
pose, ii mo- shown tne had teen intnida Ton.
y ecal oath administered by the commissioner,
and The witness wa eAen.iucd by Mr., lana.
Was sent for by the States Marsha, We
day enng OF last weeh the message thai hs wanted
to rec me, old not Know what lac wanted ti got there
several men were there 40 weapons were given me- wit
Il entitled tive ~ The present aud "a the
of several Their had die ctions to in
except by direction OF the Marshal; was not armed till
FRIDAY night not armed have piss ols swords
in the room where We keep the prisoner; the
tion with Buns Friday Saturday; thu re
was good cal of tik with Burns then; tai. ed the
whole matter did not bear INN told he would have
TO go bsck an! how when he urst came there he was
little inmidated has been calm since any mere;
we have given him every hing he wanted to make him
comfortable heard ray anything to intimdae
him since; talked with him general suhects--about
Virginia and Massuchu did OF answer tor all Massa
chusets, only for my elf; he ino TO read and
write has bad oyster stews candy and newspapers have
head one say TO him, while attempts a. rescue were
feared or ut any other time that be ~ pt sui 1t would
be better fer him.
The question of intimidation argued and the Com
missioner decided tie test mony admissible
Direct examination resumed. The ersaton think
Frioay part il with refere TO the time
Burns had been here We we're talking about where he
born, and how lng lie had been here; lac said he
had been here about two nopths-pe rhss iite Short
he said nothing abe how long he had been here
Ii generally conceded that this Testimony SHOULD
be understood establishing proof Of Burns
having been in Virginia, but only attacking the ev
dence Of defence, TO bis having been in Boston
about the first OF March
The claimants rested their case here.
mr.. pANA's CLOSING ARGUMENT FOR THE DEFENCE
Mr. Dana commenced his argument at tSeuty minutes
before IL o'clock, by copgra tuiang the Commonw alh
that she vas about to b. relieved from this
der which for the third lime she breathes hea yly that
the courts about 10 be agaio free from
surveillance OF hirelings The peace ii the city had
Iasnn hale l,.l
been in this building The interests of the United
States would DO longer require, for purposes of in
tmidation or Otherwise, the presence OF It's legal
officer in a private between man and man. He
wished he could no il mida,ion had been attempt
was man had not been overturned He was proved
to have been here at least two months by their
nees and since the 6rs Of March by many others and
there wss the evidence Of only one man aud peee of
paper that he escaped from servitudc the 2tth of
ALieh Inc question OF ihs mans liberty stands not
against the peace and safety of the community, but
aginst zoo in one mans pocket which that man has
re'used There are things valuable than lie and
liberty ia e those things. II Burns upon trial
for murder, there would b. jury try hma chance
anew trial one year between liz sentence and the
cuiioD, and the executive ceneIey to the last
might supevene. but in this If the certificate
signed there coul be further action. For this
son lie Logged his Honor would insist upon the strictest
proof that there might be mistake to be regretted,
but beyond control correction lie cited the well
neWh Cases Of Gibson and Freeman 81 cases VIII ms
fsL.s had accidentally hen corrected. out alas how
many lad been unco rected we know not We never
near Of item Itere ere on record thousands OF mis-
tales Of identification from the days OF Esa to the pre-
sent time; and here We have only man against a
host as 10 the identify OF Burns In question Of den
tity numbers thing, because all different
points and combinations. There is a mistake as to |
the time OF escape the evidence shows this witness
Brent would have you believe lie knows Burns
than he does know. The counsel then reviewed the
testimony for defence showing that each witness corro
borated The testimony Of the others The testimony Of
Mr. Whittcmore, at least being bunker whig he had
no doubt the community would sustain his Honor in
believing he had caught Jones in swearing falsely,
he not the to hide IL out Of sight he
positively that Burns Is the man who was working With
m mr. nj Ia RI hrnlQ han nd n
the prisoner was not described with convenient GER
tanty" by the oscar on the hack of the hand there
fore tie record fails TO identify the prisoner II Burns
left Richmond In vessel as they claim between the
Goth ans the GATH it would not he possible for him
month Of March. but 1t Is ncontestibly proved that he
worked there in the early part Of the month If any
9Th 10 the 10th Of h,rch the prisoner worked al the
hntarsn Works, South Boston There Is probability
time they state but why have they not produced the
officers Of the vessel with whom they be away
Having failed TO produce this most satisfactory test
mony, The prisoner ia entitled TO be discharged They
have asked 10 delay they had rather proceed without
Millspsugh an'with hillspaugh They take the
est possible By taking the dropped BY
prisoner under intimidation If we could say to these
men that they are not 10 act in the double capacity Of
sellers Of under false pretences and witnesses of
their confessions under In imitation il might reduce their
vsgss somewhat but II would be a great public benefit
Sntne said 10 The prisoner " make you promises,
and make you threats" This IL it meant anything
meant from this time forward you are on your good
behavior you will be dealt with according to the trouble
give me- The witness be- a doubt, under
intimidation but IL the testimony OF True is received 1t
amounts TO nothing at all However excellent his inten.
ton have been he has not done great deal Of
vice That the prisoner the night OF his arrest had
called Suttle by the term 90 Massa" Is nothing conclu
siye for he had then turned aud addressed Brent
q Massa william" 1t was the common phrase in tue
Southcrn States. Mr.. Dana claimed that tue counsel
for the defence had blenaed sections Of the statute
which were intended to be alternatives. Section six
required various cepositions with proof OF den
ty az person be put in here trial Section ten II
restricted them TO proceed ~tha record as on
Judgment rendered In Virginia Identity being the only
thing be proved Yet while putting in the record As
hnai complete proof they had also proceeded under
the other section to put in testimony and such iestimo
as has shown the record Ia be wanting That test
mony and its response they cannot throw aside, and
claim the record alone final This record vas not
What claimed 10 be its reading showed IL not
nf h,tr at. fhaf