New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-02-24
launches. ]. is merely question whether taey
will do j.
ArLTHER INCARCERATED FOR HARBoR-
ING HIS OWN CHILD-JUSllCE Al
WASHINGTON.

co-,,.pop6enee Of The ~ z. Tribune.
WASHINGTON, Feb. -, 1859.
c,se Ia, recently fallen under my observation
r,i.b illustrates what may be done in the interest
q c,vsr, under the laws Of the District OF Column
ba. Let me state the facts as thsya are;
free colored m.n, named Emanuel Mason,
lives on C.p,t.l Hill. Hi, wife and children are
osped By his former master, from whom he bought
bis OVID freedom, and who lives at the other end Of
the town. Mason has beea in the habit OF hiring
his wife from time TO time and of supporting his
children until they were old enough to be OF ser
yice 20 their master. His youngest 500, born IN
hi. house, lived there until he was ten years VI age
when the master demanded him. The father
thought that if be must give up his boy 70 % taken
he knew not where, il was at less. fair thst ne
should receive some remuneration for bringing HIM
M. from the man 10 whom all his future earnings
would go. This being refused, the boy was not 10
be found. =
warrant of arrest, founded upon charge of
haI boring his own son, was Issued against tue
father by magistrate named Ferguson, VINO, IN
conjunction with a county constable named Reyn-
olds served il himself and thrust the poor negro
into Washington jail. The next day, be was
brought before the magistrate, but refused 10 MS
close the whereabouts of his boy, and was re-
manded 10 prison. On the ensulog day, lie was
bailed out against the cautious advice OF the mag
istrate, by humane gentleman OF TINS city.
Two DAYS subsequently, l witnessed his mock
trial before the same magistrate who arrested him.
In proof of his guilt the affidavit OF an interested
witness in the city, who might hare appeared per-
souaiiy-as in law be was bound TO debut was
UNIV bling to do so, offered and admitted as eV-
idence OF this affidavit the defendant had no pre-
yious notice or knowledge.
To an objection from the counsel for the defense,
the magistrate replied that the accused had had no
tee for he had himself mentioned IN his presence
that such an affidavit would be taken, which is
true but he had not minated the lime or place,
nor given the defendant any legal notice thereof
whatever. In reply to the objection that the evi-
deIce if competent, could not be deemed sufficient
10 hold the prisoner fer trial, the magistrate said
that "if Mr. Digs of Maryan were present, ne
" had no doubt that his testimony would make
% the evidence strong enough; as twas he thought
4" if probable"
On this insufficient and eS parte testimony he
said that he should hold the prisoner to bail IN the
sum of 50 coo to answer at the next Criminal
Court of the City of Washington the charge OF har-
boring his own son While the friend OF the ac-
cused was demonstrating against the excessive and
unreasonable amount Of bail, his counsel also sug
costing that $500 would secure his appearance at
Court the magistrate became so excited as to say
that if he went on talking he would raise the bail
still higher. Such is legal justice ia this city-a
fair specimen, according to my observation, during
the last two years.
This ease is, indeed, hard. The little son al
Iuded to is the last of number that have been for
cibly taken from their father, as fast As he has
reared them, aud now that the CppresSOr cannot
find the last remaining object of heart-broken pa
rents love- in order 10 sell it of TO the far South,
this free American father is to be tried in Grim.
ina court oi the Federal metropolis for the crime OF
having haIbOred his only child. MARTYR.