The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-06-04

fall an6 in its administration what is to be the pro-
lection OF the unfortunate men who are brought
within its operation Will those who call the statute
merciiess, commit it to Il merciless Judge2 II the
statute involves that right which ior us makes life
sweet. and the want Of which makes life misior-
l tune shall its administration be confined ~ those
who reckless Of that right in others or gnorans
careless OF the means given for its legal defence
| or dishonest in their usel If any men wish this
they arc more cruel and wicked than the statute for
they would strip from the fugitive the best security
and every alienation the statute leaves him. AsI
think the statute is constitutional it remains for
me now to apply it to the facts of the case. The
/ iacts 10 DC proved by the claimant are three -
Il mat Anthony Burns owed him service in Yir-
! gina.
2 That Anthony Burns escaped from that SER
vice.
the statute, section TO- declares ''shall be held and
taken to lie full and conclusive evidence of the fact
OF escape and that the service or labor of the per-
son escaping Is due to the party in such record
uoned." Thus these two facts are removed entirely
and absolutely from my jurisdiction, and l am en-
treiy and abs olntey precluded from applying evil
dence to them. IT, therefore, there Il In the case
evidence capable Of such application, cannot
The third fact is the identity of the party before
me, with The Anthony Burns mentioned in ,hs
record This identity is the only question I have
night 10 consider. To this and to this alone. / am
TO apply the evidence and the question whether the
respol dent was in Virginia or Massachusetts at a
certain time, is material only as it is evidence on
the point OF identity So the parties have used it.
and the estimony Of tho complainant being that
the Anthony Burns Of the record was In vir-
gini' IN the 18th OF March last, the evidence
OF the respondent has been offered to show that
he was in Massachusetts on about the first Of
March last and thereafter till now. The testimony
OF the claimant is from single witness, and he,
standing in circumstances which would necessarily
bias the fairest MINDFUL other imputation than
this has not been offered against him, and from any
thing that has appeared before me, cannot be. His
means OF knowledge are personal, direct, and qua.
lily him to testify confidently and he has done 50.
The testimony the part Of the respondent is from
many " witnesses whose integrity is admitted and to
whom no imputati0n of bias can be attached by the
evidence in the case and whose means of knowledge
ae personal and direct but in nv opinion less full
and complete than that of Dir. Brent. Then between
the testimony of the claimant and respondent there
is conflict, complete and irreconciable, on the
qresti IN Of IDENTIFY such conflict OF testimony is
not unprecedented nor uncommon in judicial pro.
ceeiipgs. and the trial of DIR. Webster furnished a
memorable instance of it. The question now is,
whether there is other evidence in this case which
will determine this conflict. In every case of dis
puted identity there is one person always whose
knowledge is perfect and positive and whose testi
mony is 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
tion which took place between Burns and the claim
ant on the night OF the arrest When the complain
ant entered the room where Burns was Burns salut-
cd him, and by his Christian nSme-"How co you
do Master Challesi" He saluted Mr.. Brent also,
WiliamW (To the appellation MASTER give no
weight)
Col. Suttle said, Chow came you herel"
Burns said an accident had happened to him
that he was working down at Rockets, on board
vesselgot tired and went to sleep, and carried
of in the vessel.
Mr.. suttle-Anthony, did ever whip you?
Mr.. suttle-Did ever hire you out anywhere
where You did not wish to go?
BuIEs-No, sir.
| Mr.. suttle-Have you ever asked me for money
| that did not give il 10 you?
Buins-No, Sir.
Mr.. suttle-When You were sick, did ] not pre-
! pane you a bid il my own house, aud put You upor
| it, and nurse you:
1 Eurns--Yes, sir.
Something was said about going back. He wa
asked IL he was willing to go back, and he said
| Yes he was.
This was tie testimony of Mr.. Brent. That
conversation took place. confirmed by the testi
| mCny of Caleb Page, who present. and added
| SHOWS vessel. The cross.eAamination of Brent
showed that Col. suttle said -"I make you
no premises and l make you threats To
ne this evidence, when applied to the ques
ton Of identity, confirms and establishes the
testimony of Mr.. Brent in its conflict with
that offered on the part Of the respondent. and
upon tie whole testimony my mind is satisfied
beyond a reasonable doubt of the identity Of the
respondent with the Anthony Burns named in the
record. II was objected that this conversation was
in the nature of admissions, and that, too of man
|
sidcrations would have weight had these admissions
been used to establish the truth of the matters to
which they referred to- ic the usage-the usage, the
giving Of money-nursng, &C.; but they were used
ference to identity Had they been procured by
hone or fear, they would Rave been inadmssible;
hi OF that considered there was no evidence On
Tie law and facts Of the case, consider the cai m
j int entitled to the certificate from me which he
claims
The courtroom was at once cleared of spectators
! and the prisoner was removed to the room in the
upper pant OF the building, which he has occupie
the result Of the hearing and he at gave orders
| to have Court square cleared which was promptly
! performed by the police.
STREET sCENEs--REMovAL OF THE PRISONER.
| 1t having been made known that the procession
\ was to pass through Court and State streets the
sidewalks Of those tborougbfares were thronged
| with men, women and children, and the house-tops
4 and the windows were soon occupied with persons
anxious to witness the solemn execution Of the law.
There was a long pause in consequence OF the d.
vided authority of the commanding officers Of the
day. The duty Of clearing the streets was imposed
| upon General Edmandss command and upon the
police, and the custody and removal of the prisoner
| devolved upon the Marshal and his aids and the
United States troops. After many formalites the
streets were cleared and passage was made, ex-
/ tending from the Court House to Commercial street
During the period from the time the decision was
rendered until the removal of the slave the greatest
activity was discernible at the City Hail.
i
| tion, notifying the citizens that during the day
| Major General Edmands and the Chief Of Police
would make such disposition of the respective forces
under their command. as would best secure the
! peace and that they were clothed with full dis
cretora airy powers to sustain the laws of the land
| and ealing upon all well-dsposed citizens to eav
those streets which it might be necessary to clea
temporarily, and under circumstances TO obstruct
modest any officer, civil military, in the Lawful
/ discharge OF his duty In the meantime, the
| L. s. troops were reviewed, and the six-pound
field piece, which was brought from the Charles
| town Navy Yard in the morning, was got in readi.
| LEGS, and the men who were detailed to it were
drilled by Lieut.. Couch The crowd in Court street
| looked on with interest, and some persons Kissed
| occasionally. The Hon. John G. Park dressed his
Office in mourning, and two three persons on
| Court street followed his example. The Common.
oeaih building displayed three flags, dressed in
Grape, and coffin, with the word " Liberty y on
the lid, was suspended in ffont. Other par
ties in State street placed Grape In ront of
their stores, and gave signal indications