New-York daily tribune., 1854-05-29

than tie United States law respecting crc,'.. o ie
taking POSSESSION Of property. The aej jg0o defense = a
cEfctsp 10 compliance with tie law; out ua t)es e'
alter or change TIE law, and cannot maSe 'l-
tia law. Tie defense l, not that the sit'e !, H. -
man lie i claimed 90 be- but that tie law = not =,
COZ siituioua but already has II bccn dplroNet ~ a
the judges of the supreme Court who have agnl,h hi
uron H. We argument for delay M uh' c.se
Which does Lot a. against the law rather han - e
Rickard H. Dana j.. for the defense, repliSd, say
i,, ,le clectops were drawn from almost every
placed before your Honor. We DO not know that the
Fugitive Slave law Is under discussion, or the laws oi
Virginia Tie simple question T. whether we shall De
forced into this trial az without tim to prepare our
defense The statute under which we ae acils, mc
counsel for the claimant saws l. summary but the Court
Of Admiralty has summary proceedings wnlch at inc
srrre tie ave uauv davs delay. In the OF SINS,
where there excitement where the iaO,uJh hl
not been settled the execution OF the law sew "a og eSat
dfvs tine was granted To-day l. SATURDAY. oh
Wednesday nclt this man, employed in shop IN Brtte-
So was seized under false prcten>e oi Eoooey' %! SN %
Ccht volunteers lirCd for pieces OF siNer ho' I1rE
eIlovcd hurried here this Couri-llousc eonvegte inn
xer and next day he brought into court. having
s,fn ~ one Iut the men not oiccrs who arrested hun
Passing by then, and learning the iaets came N -
volunteer. The entirely suPihei and evidently
did not know how to set under under II. ne a
ror. He had understood that if he put the nan who
claimed him trouble, he would be punished hereAites
This is the position we holds we hope the c5rnssi on ne
other side is satisfied with his position The oondsct OF
the the me and your Honor sense Of rstce aad
proprety, my motion, ordered an adjournment leaving
before no. his counsel. Therefore l COulu not 90
forward then his counsel But he was willing 20 cog
nze me- but il would have been said by all had visited
him Thursday that his mind not made up and had
persuaded him TO up defense. Proprety therefore
kept me away Then thScOlored clergyman, Mr. Grimes
Deacon Pitts or Mr. Philips it though. best should
go and ascertain whether he desired defense The L. y
Marshal refused TO give leave to any man but me to VlsU
lin and he said too believe, that would be use
less apply your Honor This then was the state OF
things at II o'clock yesterday Knowing the personal
character of your Honor caused application to your
Honor then in Gambrdre. and granted n stringent
nion request to the Marshal To admit two friends
so that at this time, is less than "a hours since the
first friend Of that man was admitted 10 learn that
he wished defense; and even then they would not
have been admitted but for my aiding them They
returned and told me the man said all the stories about
the man wishing to go back were false. This did
not surprise that fasehood should 90 with violence
and fraud. We appealed to Judge Sprague for writ OF
de hom,ne repegiaHdo and the application continued till
six clock but refused that could not prepare
till last night in hour of excitement. And now the
counsel wishes to hurry for fear there will be disturb
ance that argument which can't be put to any court
bee there is weakness IN the power II the Lave Is
strong enough let the law suffer and not the man. The
counsel says this is perfectly plain question: but
or your Honor to know that till there trial Under all
the circumstance. and with such momenous case we
must have delay. The counsel calls the man person
say if there is prisoner earth he s one, TO be tried not
on evidence, but a record Of Virginia, which includes
everything but identity; and that record is made up er
yGrt in the absence of the man, on we know not WHAT
testimony and this record must be final evidence here ID
distant tribunals and that j, tho worst feature of the law
and feature 10 be paraieled in any other land ON
earth If tie man born and brought up under your
Honor roof that record must be conclusive evidence thar
he born in Virginia. The Court is not responsible
power there appeal from it, And yet the counsel
would say he in hurry and on TO Try this case forth
with The prisoner is delivered 70 no Court on earni
ter with authority take him to Virginia. but he may be
taken anywhere and he knows now that he ia to be sold
at the first block the NewOrleans market with his
mamed hand and SCARED face to be sent TO perish in the
cotton fields of Louisiana Arkansas. If the claimant
did 20 your Honor can do nothing for the certificate will
erf,nf ho ulru de fTcfp Ia
leases with him. Thus oil things tend to oshow your Honor
that time should be granted We want time to look at this
record we have copy but the counsel not willing to
let have the original in my hands longer than few
moments The counsel says there is defense Does he
base his assertions the almost unconscious admission oi
the prisoner the other day or what might be construed
admission that the claimant his master Does
he not did not think the lawyer was to be found who
would attempt TO twist equivocal reply of poor,
hunted frightened fugitive into admission of his being
slave. Truly the average of human nature has fallen
In scon for note Of haDd for Is fourteen days delay
is granted-and may not one day be here granted.
Mr. Parker said that there was no fear OF the prisoner
being sold the first block there was assent ON the
part Of the claimant to sell the man to parties here
Mr.. DAsA-If that is true let have delay till it Is
settled. l. it tIuo or is it not
Mr.. Commissioner Loring expressed his conviction tina
tie delay before had been abused by the prisoner the
man had Mr. L. said in effect moved quickly it was
possible under the circumstances lie had made up nus
mind to have defense e had selected his counsel and
had their behalf asked for time lawyers to pre-
pare defense, request by no means unreasonable As
the excitement without the Court can take no eoSni
Of that continuance Is therefore granted TIL
Monday morning at III O'Clock.
The body of Mr. Batcheder has been conveyed to
Charestown The inquest will not take place until Mon
day afternoon next.
1he Columbian Artillery have been relieved from
service. A detachment of the Boston Light Dragons
have been ordered to hold themselves In readiness al Their
ATuory.
The Squere continues TO be the center Of large crowd
Of people but there signs Of any violence. In
eide Of the CourtHous beside the United States troops
NJ alaffie
all the alley ways. The fugitive is in the upper story
guarded all sdes and will remain so until Monday next
THE RIOTERS ARRESTED COMMITTED on CHARGE
OF MURDER.
Nine persons, who were arrested last night were
brought up the Police Court this morning TO answer TO
q charge made by Luther A. Ham, Deputy Chief of
Police that on the night of the 2sh Of May they assaulted
James Batcheder with firearms wounding him 80 that he
died. and that they did therefore, commit the crime Of
murder
The names Of the accused A. j. Brown, John j.
Roberts, lcolored Walter PbGnix, lcolored,l John
Westerly, lcolored Walter Bishop, leoored,i Thomas
Jockson lcoloredD Henry Howe, Martin Stoweh and
John Thompson. Some Of them are quite young others
are old one being gray-headed.
Mr. Ham for the prosecution said that the Government
would not probably be ready before the middle Of next
week 10 proceed TO the examination OF the case ihere
was quite number Of witnesses, some twenty-one In
number. :.
Mr. C. g. Davis, for the Defense inquired if of the
prisoners not arrested before the ueany eseus upon
Mr. Bstehelder took place
The Court said that even If it So il might appear
uYon examination that they accessories before the
IgCt.
Mr. Davis said that there Of the prisoners who
was merely charged with putting out gas lamp long be-
fore The fatal attack occurred.
Mr. lam said that he expected prove that tbsre
concet action among the prisoners from the time tina
the lghl was put out until the death Of Mr. Batche
der.
NJ Hsm also said, in reply to statement By counse
for defense, that the complaint made for unbaie