The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-05-30
witness said that Col. Subtle !, one time cave inert

Witness said that COL Subtle al one time gave mort
gage Of his property and among the slaves Burns
The direct examination here closed.
The cross examination Of Mr. Brent ELECTED material
fact.
Caleb Page, teamster residing Somerville was the
next witnessHe present at the interview between
Col sutte and Burns and mainly corroborated the tes
mony Of Brent
The record Of the ownership Of Burns by Col Suite
hereafter.
The Cosrt then took recess
Tie proceedings we're recommended at quarter past
four O'Clock.
Mr. Ellis asked the Commissioner previous to the com.
OF the hearing that might be issued
that he could obtain TO the Court House without
being Obliged to git an officer TO accompany him.
The Court replied that he had authority in the mat
ter.
Mr. Ellis asked for further postponement on account
of want of time to prepare the CAGE nothing Of the
exciting circumstances by which they were surrounded.
Stil he said, must go We shall offer some evil
dence to contradict the evidence put In Before stating
what that evidence s-evidence which he thought would
satisfy that there is gross wrong here, and
which would fair mind to besitatehe called the
attention of the court to the position in which the Is
left by the claimants He urged that upon the 1t
now stands the defendant Is entitled TO ms discnarge
freedom being held sacred and sacred than
trial for the greatest crime for the that from this
decision there be appeal The learned counsel
seems have assumed that there is desire to free
man, not under the law but the objections against
tations. It is not true win not call their
in Judgment. Sooner than lay my hand to such
work a. they have volunteered in, would my
right hand 3ither and would sooner be struck dumb
than open my mouth in such work as this desire to
say that feel oppressed also Tor another cause can
not help feeling that there influences at work which
make this any thing but trial only in the inHu
in which have hope and that is that you, as
Judge, will hold steady banc, and as man remember
could hope present the argument in full in this
When the effort to get writ Of de honino repleg
process Of the common law. He argued that the de-
cisiops quoted not relevant in this They
poltical DECISIONS and this is not political trial 1t Is
singular that Just on the passage Of certain bill this
matter brought up here, and 1t is than singular
over ride the Court here.
Mr. Ellis then alluded to the law and snid that claim
ants counsel presented for their law politics In their
view, the enforcement of the law matter Of poti
cal necessity Such have been the case formerly,
against such political influence and said"I choose to
point out the darkness and speak Of the who
with pistols in their pockets and to Court House where
muskets and bayonets pointed at your breast If
this goes they desire he goes to the block the
lash; and the man is fool who expects me to any
other Of it. present this not they present
it; but that entitled to the judgment if
man well known here was seized How wonld he be
tried. Burns should be tried as If he was freeman
clear and unless the evidence is overwhelming that he
is not freeman, he is entitled to go free. The
the part of the prisoner is this The evidence
will be to show that prior to the time this escape is
alleged to have taken place, this mau freeman of
about bis work. They bring this record;
which they have put in prove the facts which they
aege and object to II that it Is not entire record
It is transcript from III it does not set forth the testi
mony required by the act that it is competent to
the extent to which they wish to It, He argued that
the record should have the effect it would have in vr
gina and SO far this gives it effect here,
far it is in opposition to the provisions of the Constu
ton. He further objected that his Honor could know
nothing Of It, and could take judicial cognizance Of
the fact This book they offer TO prove the laws of Vr
qina proof at all They bring proof of these laws
They must prove something which is the basis Of their
proceedings here.
The Court them at O'Clock, adjourned till o'clock
to morrow morning.