The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-05-31

Trne. il was difc TO apply the binary Or 10; IA
of common law to statute conceived In vi lst'oa
Of those principles but ~ must 10 AZ lar a. It may.
Mr. Thomas quoted the Buns case in support e
this testimony and Mr. Dana cod II was not an sur
thorty, because the point had not been raised a.
contested.
The Commissioner said it was his present impres-
sion that the strict meaning Of the statute would MOI
exclude the confessions made by the prisoner, but
be would reserve the point and in the meantime the
evidence could be taken, subject to rejection II 10
should 80 decide hereafter.
The witness then proceeded.
On going into his room the night of the arrest,
Col. Suite said: Anthony, what are you doing q
now came You here ~ Burns said an accident had
on shipping vessel-that he got tired, went 10
sleep, and was brought of the vessel. MIR. Gut
tie then asked him if he had corrected or whip
ped himl
Mr. Ellis objected as the claimants said they wish
ed only to inquire as to the escape, and were nov
endeavoing to prove another point-that Of the ~
aton.
Mr.. Dana expressed his belief that by vireinis
law the admissions of the alleged slave on question
OF status, Is not admitted.
lhe Conmssioner-Go on with the examination.
witness contnued-The first words were on going
into the room: Burns said-"How do YOU do MassS
Charlesf" then followed what said; then Mr. Sut-
tie said" Anthony, did ever whip your" "No sirs
"No, SIR" when you wanted money did ever re-
fuse it to your" "No SIR" sWhen YOU was sicS.
didn't take bed out of my own house and nurss
How do you do, Massa William" that was all, ex-
capt about the escape, which have already told;
there was something said about going back-she
hoy said he would be willing to go back; the mother
being hed Colonel Suttle has full control Of her,
[iuled out]; don't know Of other acts of ownership
Some discussion occurred whether the question
t. Colonel Suttle's claiming to own Burns In Vir-
gnia was admissible. shouting outside.) The OBJ
lection was that 1t would be only the inference Of .
wiling witnsss as to question of law.
The Commissioner decided the witness might
state facts, as to whether Col Sutte had ever said
Burns was his slave; but the inference must be
drawn by the Commissioner
The year hired Burns Col. Suttle made dis
tinct claim to the ownership of Burns. l gave my
bond for him. az is customary in our country, in
such cases. 1.-THE progress OF the examination
was contested inch by inch.] At one time it was
necessary for Col Suite to make pecuniary ar
rangement Of hisafairs and he then claimed to own
Burns, and mortgaged him; be said then he owned
several slaves and Anthony Burns was one OF them
When he wrote to me, at Richmond, to hire out hin
servants he mentioned this boy as one 1t is custs-
mary in Virginia to give passes to slaves (and
others) to 60 about with; when Burns came to Rich
mond he had pass-so he told me when he cams
to my house; it was such pass as have spoken Of
Crossexamined-Own slaves; acquired some By
marriage thirteen years ago; owned none before; in
herited some from my father after his death; have
bought some since; think the last bought was h
never sold any myself; om not dealer; joined Col.
sutte at Alexandria, Saturday evening last to come
on here; left there the same evening; came direct
we could to Boston; had made previous arrange
ments to that effect; there nothing said about
his bearing my expenses, or paying me for coming
on; came here as friend Of COL Sutte; think this
is my first trip; have been In Washington with him;
not after slaves; Suite first applied to me; lodge
in the same room; we arrived here on Monday last;
wrote to Suttle the Tuesday after the boy was
missing; gave the name Of the man to whom he
had been hired; G. w. Millspeaugh; had worked fo9
him since January; the mortgage was made to John
N. Tollson; we first went to the Revere House; had
the conversation with Burnsin room in this building.
about half past eight o'clock, the evening he wAs
taken; do not know whether he had irons on; Mr..
Suttle said at the conversation, " make you NO
promises, and ! make no threats" something
like that; it was that he would make no compromise
with him; believe that did before state the whole
conversation, as far as regards what was asked
about; this after the other conversations; this il
all the conversation recollect came from aud went
Marshal and police that l know of; have lived in
Richmond four years; Col. Sutte has lived there
temporarily as member of the Virginia Legisla-
ture do not know anything about his mother
whether she is his mother or not only by hearsay;
the bond between Suttle and myself has expired;
not responsible for the boys running of; do not
give the exact words Of the boy relative to going
back; aid not suppose was to tell the whole CON-
versatiOn.
Major Caleb Page sworn-Live in Somcrville; am
teamster; remember fifteen minutes after Burns
coming to the room, this man here (Sutte) CANE
in; didn't distinctly hear what was first said; Mr.
Suttle asked Mr. Burns in relation to his treatmens
before he left WITNESS corroborated Brent's tssi-
mony on that point.l Suttle asked B rms why hs
ran away, and thought Suite asked him If he cana
in Captain Shows vessel; he said no; then Satte
asked what vessel he did conc in, and did not hear
the answer. Uproar in Court square.)
Cross-examined-Wor in Milk street for various
houses, with team Of my own; came there thxk
night by order of Of the officers; think It WA
Mr.. Butmans order; he came out and told me that
was the very man he wanted to assist in arresting
a man. didn't help arrest the man; guess there were
five men in the room ut the time; am still employed
by them to stay there; don't know in what capacity;
am employed by the Marshal; have MT been en-
ployed in such business before.
Mr.. Parker here put in the record from the Vfr-
ginia Courts. Mr.. Dana said there were obiec-
tons, but declined pressing them, as there was n
Mr. Parker said they considered this record a. do
cisive and said, with the exception of proving tho
marks ofidentity, their case would be closed
The Commissioner said he had observed thess
marks already.
Mr.. Thomas put in also the code Of Virginia, 70
which reference was made. Greeneaf's Evidence.
and other authorities also cited relative 70 the
authority OF Courts and also to show the existsnoe
On the last point Mr.. Dana objected that book
was not sufficient evidence OF the fact.
MI. Dana asked for two hours further time TO pre-
pare for the defence, and after discussion, 6
ten minutes to p. NJ, the Court took recess Of
forty minutes.
AFTERNOON SESSION.
At twenty minutes past four o'clock all the coun---
sci, ana OtDerH 1mmeQately concerned having
ceeded in passing the bayonets OF the marines (soms
Of whose faces very red), Mr.. Ellis called
upon to proceed with the defence.
Mr. Ellis said In justice " his client he must ask
for a further postponement; this the Court refused
to grant.
He then proceeded to make his opening plea for
TIE defence. After thanking the Commissioner for
the fairness and courtesy he had shown he express
ed his regret that he was SO lily prepared to pro
coed with the defence. This was owing partly TO
the late hour at which he had learned Of the testt
mony lie should present, and partly 20 the guards
been DELAYED beyond the time TO which the court
had adjourned But in spite OF this short time, he
would show they had god defence to make, not
withdrawing the discourt sous charge OF the OPP
posing counsel, when be asked for delay. He re-
ferred to the pro- osti0n for sale, attempt to
obtain an admission that the prisoner slave
The friends of Burns did not come here " get this