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


| sweet. and the want Of which makes life misfo,
tune, shall its administration be confined H. thoa
who are reckless of that right in Others or gnoran
OF careless OF the means given for its legal defence
they are more cruel and wicked than the sttrte fo
they would strip from the fugitive the beat secnrit
and every alienation the statute leaves him IA
Inihh the statute is constitutional it remains fo
me now 10 apply it to the facts of the case, III,
/ iacts 10 DC proved by the claimant are three =:
! ginia. nm s''''0e III ''f
,a. 1. ina' Anthony Burns escaped from that ser
:, Ihese facts he has proved by the record, which
te statute, section 10, declares .sha be held and
theh 70 le iGll and conclusive evidence of the fact
o eseape and that the service labor Of the per
o escaping IL due to tie party in such record men
toned" Thus these two facts a,e removed en,ireI
ana absolutely from my Jurisdiction, and am en-
tireiy ana abs olutey precluded from applying evil
uenee 70 them. II, therefore, there il in the case
make it. SaAo'
The third fact is the identity of the party before
me, VITA the Anthony Burns mentioned in ths
seeId. ms identity is the only question have
aght 70 consider. To this and to this alone. am
70 apply The evidence and the question whether the
respol dent was in Virginia or Massachusetts at 4
certain time is material only as it is evidence on
e t1n' o. Identity. 80 the parties have used IT,
I ana ne ,csumony Of tho complainant being that
the Anthony Burns Of the record was IN yir.
gin. IN the 18th Of March last, the evidence
oi the respondent has been offered to show that
he was in Massachusetts on or about the frat of
March last, and thereafter till now The testimony
OF tle claimant Is from single witness, and he.
standing in circumstances which would necessarily
bias the fairest mind-but 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.
'liy him to testify confidently, and he has done So
he testimony on the part Of the respondent is from
many witnesses whose integrity is admitted and to
wiom no imputatiOn of bias can be attached by the
evidence IN the case and whose means Of knowledge
a4e personal and direct but in nv opinion less full
ahG complete than that of Mr. Brent. Then between
TIE testimony OF the claimant and respondent there
is conflict complete and irreconcilable, on the
quest IN OF identity such conflict of testimony il
not unprecedented nor uncommon in judicial bro.
Gee hugs; and the trial Of DIR. Webster furnished
instance of it. The question now il.
whether there is other evidence in this case which
VIII determine this conflict. In every case of dis.
puted identity there is one person always whose
kLowiedge 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 conversa-
lion which took place between Burns and the claim
AM on the night OF the arrest When the complain
ant entered the room where Burns was, Burns saIut-
cd him, and by his Christian Mme-"How % Won
do, Master Challesi' He sauted Mr.. Brent also.
aid by his christian name-"How do you do Master
Nilliam' (To the appellation "Master" give no
Col. SLttle said, Chow came you here?u
). Burns said an accident had happened to him
that he was working down at Rockets, on board
'essel.got tired and went to sleep, and was carried
Mr. suttls-Anthony, did ever whip you?
BulDs-No, sir.
Mr.. Suttle-Did ever hire you out anywhere
where You did not wish to 60?
BuIIs-No, sir
Mr.. suttle-Have you ever asked me for money
that did rot give il to you?
BnIns--No, sir.
taft Suta'ss W. IN, ys.s.lc,,s;
It, and nurse you!
Eurns--lee, sir.
Something was said about going back. He was
asked il he was willing to 90 back, and he said
Yes he was
This was the testimony Of Mr.. Brent. That
took place. was confirmed by the test.
mCny Of Caleb Page, who was present, and added
the remark that Burns said he did not come in Capt
SHOWS vessel. The crossexamination of Brent
showed that Col. Suttle said --"I make you
no premises and | make you no threats 10
NE this evidence, when applied to the ques-
testimony of Mr.. Brent in its conflict with
that offered on the part OF the respondent, and
upon the whole testimony my mind Is SATISFIED,
beyond 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
stupifed by circumstances and fear, and these con-
sidcrations would have weight hau these admissions
Leen used to establish the truth OF tue matters TO
which they referred to- c. the usage-the usage, the
giving OF money-nursing, &C.; but they were used
Tor no such purpose, but only as evidence in re-
ference to identity. Had they been procured by
hone or fear, they would have been inadmssible;
It OF that considered there was no evidence. On
lie law and facts of the case consider the cai m
Mt entitled to the certificate from me which ne
claims
and the prisoner was removed to the room in the
upper pait of tie building, which he has occupie
during his confinement The Mayor was notified OF
the result of the hearing and he at gave orders
to have Court square cleared, which was promptly
performed by TIE 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 thoroughfares were soon thronged
with men, women and children, and the house-tops
and the windows were soon occupied with persons
anxious to witness the solemn execution OF the law
There was long pause in consequence OF the d.
vdcd authority of the commanding officers OF the
day. The duty of clearing the streets was imposed
upon General Edmands's command and upon the
police, and the custody and removal OF the prisoner
devolyed upon the Marshal and his aids and the
United states troops. After many formalities the
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 dscernble ut the City Hail.
The Mayor, at an early hour, issued a proclama.
ton, notifying the citizens that during the day
MajorGen Edmands and the Chief Of Police
would make such disposition of the respective force;
under their commands as would best secure the
peace, and that they were clothed with full dis
cretior ary powers to sustain the laws Of the land,
and calling upon all welldsposed citizens to leav
those streets which it might be necessary TO clea
temporarily, and under no circumstances to obstruc
or nolest any officer, civil or military in the Lawful
discharge OF bis duty In the meantime, the
| L. s. troops were reviewed, and the sxpounc
field piece, which was brought from the Charles
town Navy Yard in the morning, was got in readi
ress, 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 hsset
| occasionally. The Hon. John Q. Park dressed hi
Office in mourning, and two or three persons OF
Court street followed his example. The Common
,eaiM building displayed three flags, dressed il
Grape, and a coffin, with the word Liberty" OIL
the lid, was suspended in ffont. Other par
ties in State street placed Grape In iront o
their stores, and gave signal indication
OF their disapprovd OF the fugitive slave law
Notwithstanding these displays, and the genera
excitement which pervaded the multitude, ther
was little disturbance, and but four persons wer
arrested for disorderly conduct The first man take
| into custodv wa William Jonea (colored the ind