The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-06-01
THE BOSTON FUGITIVE SLAVE CASE
The Examination OF Burn. Continued.

before Commissioner Loring. Yesterday, the evil
dence for the defence was put in showing that
Burns was III Boston on or about the first of March
although the claimants alege that he escaped from
Virginia on the Gath. The prospect is consequent
ly much more favorable for the prisoner, and the
authorities are however, still the alert, but every
thing was quiet in the square throughout the day.
The Roxbury Artillery relieved the City Guards
at the City Hall yesterday morning, and remained
on duty during the day and last night They will
be relieved this morning. Another company of U.
5. marines were sent for to Portsmouth yesterday,
and arrived here last evening" under command OF
Capt W. l.. Young. They were quartered in the
Court House.
1t is estimated that the entire bill of expense at
tending the proceedings connected with the arrest
Of Burns, will exceed the sum of thirty thousand
dollars.
The crowd in Court square yesterday was compa-
ratvely small, and manifested no excitement. No
arrests were made for dsorderly conduct.
EXAMINATION BEFORE THE UNITED STATES coMMIs-
sIoNER CONTINUED
Less difficulty was experienced yesterday morning
IN Obtaining access to the court room, both the ma
rnes and the outsiders being less '.excited" than
heretofore. Among the noted anti-savery men
present were Wendell Phillips and Rev. Theodore
Parker The Commissioner came in at Q o'clock,
and at % the trial proceeded
Mr.. Eli addressed the Court in continuation Of
his opening argument in favor Of the prisoner The
counsel for defence stood there as lawyers, asking
the prisoners discharge under the law, and they
hoped his Honor would give not feathers weight
to the insinuatons that they desired anything else.
general allegation. There is no title or charge
made with sufficient particularly There is defect
in this warrant and complaint that they do not pray
for legal process but for the restoration Of Barns
the claimant in the State of Virginia This is not
In the power Of this Court to grant; the statute
provides only that if the facts are proved, he shall
be delivered up here-not in Virginia.
He assailed the statute under which the proceed
ings are held, being unconstitutional in several
important particulars. Every Court of record in
thirty odd States cannot practically be known and
recognized. Here he cited Greenleaf's Evidence to
show that the laws and records of one State must be
proved in another under the common rules Of evi.
dence, and argued that behind this record it must be
shown what Is the law under which it was made.
IT is Virginia law that description alone is proof
of slavery.
The learned counsel quoted largely from the laws
of Virginia respecting slavery The claimants must
prove before this tribunal Burns descent from a
slave mother and all the facts necessary to establish
state of servitude, in the same manner that they
would be compelled to do in Virginia. The admis-
sons or confessions of Burns should not be received
because, as has been held by Southern Courts, his
admissions are likely to be only such rs may please
his master. Having stated in support of their title
that Sutte did mortgage his slave, unless they also
show that the mortgage was raised, their claim fails,
because the legal title resides not with Sutte-the
mortl yer-but with the mortgagee. Another de-
feet in their claim is that they do not prove strict
exact escape. They have no case upon their own
showing their evidence of identity is altogether
insufficient; there must be something beside the
mere statement OF one person.
Mr.. Ellis then entered into an elaborate analysis
OF the analcgies between the present Fugitive Slave
law and the law of 1913, to show the weight which
Should be attached to presidents under the old law.
Decisions had been made which were proper sub
jects of precedent, that the facts of servitude and
escape must both he made out. This the claimants
had failed to do. Other decisions, founded on the
idea Of the good faith subssting between the dife
rent sections Of the Union were not now anthorita-
tive, no such good faith now existing in point Of
feet, as recent events 20 to prove.
He conteLded that this court Is judicial power
fecause It's decision is final 1t decides tie question
Of property in this man Burns, and these proceed.
ings aie preliminary TO nothing The only avgum mt
that this is not judicial tribunal is that ID is not
judicial in form.
BY this Fugitive Slave law the trial by Jury is
Impaired it undertakes to cut Off oil form Of such
trial. Under the law OF 1898 there were as nsany
as six forms in which the question of the prisoners
freedom might have been tested m the State courts,
and after igmens there were still further oppor
tnni.ics for such test.
He concluded by restating what they expected to
prove by the evidence in addition to the points Of
law. They relied not merely upon the nirmities Of
the claimants case but also upon tbs Justice of their
own. Ne should show shat, aside from the iniqui-
ties Of the law, this was a case commenced and car
RED forward III wrong, and nothing bub wrong.
Tie defence then proceeded to call their evidence.
EVIDENCE P0I DEFENCE
Williams Jones (coloIua) sworn--Live in South
Boston; an aboring maa know Burns; first saw
him on Washington street, first day Of March;
stood and talked with him about work: employed
him March 4th to go to work in the Matapan
Works, South Boston; we cleaned windows there;
he worked with me five days; the day | saw him
took him into Mr.. Russell's shop and asked the day
OF the month, so "a to put il down; am in the habit
OF keeping memorandum book; have nremoran-
dun OF his commencing work on March 4th; | can't
write; Mr. Russell made these entries in my book;
agreed to give him eight cents window when
we got through with the win iows gave him 81 60;
he said brdnt settled up right; he went to the
clerk about it. WITNESS produced and identified
his book.l From this book am able to verify these
dates have mentioned.
Cross examiped--Never saw Burns till | saw him
in Washington street, he spoke to me first; don't
know what'day OF the week; Is was on the right
hand side Of the street, Just below the Co'nooa-
UsofM ofirce; he vas alone; IL was about eleven
o'clock; he had different clothes from what he has
now; il want my business 81 examine his clothes;
Think he had light coat and cap ON; his clothes
were on; he askad me, did | know any man vino
could gire him employ in stores said he could DO
NEST any thing; carried him from there to Mr. Rus
sells SHOP and from there to NJ. Favors shop; Mr..
Rutcll Keeps No. Spring lane; Goa't know his
fi,tt uanc; was tiers FIVE or six niGutcs Grofntaere
10 tay9rs ataid half an hour more from there to
9pCtLccarJ Aahop under the United States Hotel
had no otl er place to go they are ali the while
iociing with -ue there; went there TO fool; don't
knew VIA. Burns went there for staid there
fslf 81 hary and fooled witt,the clerk; then went
% Nv Mace 3,ss shop, on Ess ak street, Barns went
vi'h ne; laa nothing else TO do but 20 arluad the
city, Nisi.eA sr. bell, dancing master, on Washing
tgs srC,; tfen went down W.shingt IN street homc
ar'i Ban With ne; live in The rear OF az Broad
way, South Bcet0n, No. Pages court; IL was night
tscD; haGnt ainsd, hardly ever cat moro than Ode
neal.a Say; that IL just when ct huagTy; the
weather vas nadliug; deaf think There Vas snow;
might aaye clipped ny mind; don't resollcct the
weather IN March, it corscs SO often; negef expect
Cd TO sec The man any more j. might daYe r'ared
twenty times that day and not n2see "; ss.i1
the scxt, ard the next after that; l9eant never
Jected tssee lin in court heTe said with Ifc I'VE
nights; nRxt day wa went % sec The Superinteud'
e,l at th8 CITY Han; Gould saw Burns, but don't
know whather lie noticed him; we went through
seyeia streets ard got home before nj glt; did 10.
| thing taat day; next DAY the Hrst thing did was
< to get ~; went down 20 Matgpan Works, and saw
Mr. SAWYER; t,3ked 9Th him about TAKING the job;
| wert htrc about II or IL o'c,nck, fixed some
whasYath; can't tel the day OF tie week; then
returned ard cc<ancnces work ri the works ~
\ one oclock; Brfps was with ne all the time; w
worked ihsro &C days; didn't see Burns have any
oloihcs only Shat he had on; my house i close by