New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-04-02

friends OF TIE claimant, VINO seemed N
comprise the refuse of medical schools, knew
that the claim was pending, and seemed inclined
to regard ForDeys announcement as q false alarm.
Messrs. Ear =, Warmer Bull and Hopper an
peared for the alleged fugitive, and Mr.. Ben. n.
Brewster for the claimant. 1t ~ not my purpose IA
enter into all the details Of the trial, many Of them
have become in this city almost stereoiyped. De-
PENDANTS counsel must confer with their client sur
yellance OF the Marshal, more time demanded, &C.,
&c. At last, Mr.. Brewster opened tho case for tbs
claimant and presented the transcnptof the record
made in due form in Virginia Court OF Record,
setting forth that Mr. Butler resides 10 Jefferson
County, and claims to be the owner Of negro who
has escaped from bondage. The defendants COM
eel opposed the admission Of this transcript 90 the
ground that there were several ensures, and ths
the alleged iugitives name was spelled no less thai,
FIVE different ways: Honor, Honor, Homer
Honour, and Oner. The Judge nevertheless nd
mitted it, and the trial proceeded by examining tn
witnesses for the claimant. The first called wa
one Henry +. Cameron (no relation, hope,
Simon), who confessed to tailoring aud saye-hunt'
ing with equal Indifference, both being equally leQit-
innate in his estimation if well pa d--the patch
being the great item in one and dispatch in the other
As far az candOr ia concerned, Cameron yndIcated
bis orthodox fraction OF manhood. The next wit
ness who testified to the identity OF the defendans
was also tailor. Mr. Brewster, with his wonted
ions, to ultimately attain the unit, true man,
ut he was unsuccessful for biz next witness, Robert
G.. Harper who said he came "A volunteer foi
~ the sake of Justice and his country" swore tha
ahen children, he and The defendant were ptaysates
The next witness was brother of the claimant
and, for aught in the record to the contrary, nigh
also be a part owner of the alleged fugitive. an,
cOnse quenty an Interested witness; but nus TEST
mony was nevertheless admitted by his Honor
Ind a
moDy by Messrs. Earle, Bull and Warmer, the
Court adjourned till the next day. The Court met tbs
next morning, and after refusal to grant contln-
uance 10 obtain witnesses in behalf Of Moses Horne,
Mr. Earle Oper ed for the defense, and showed first,
that there was proof OF property 10 the deiend-
ant on the part of the amant, and secondly, that
the ensures and alterations and misnOmers 10 tho
Vrcinia certificate rendered it, as evidence,
wholly invalid, and cited parallel cases in
prOmissory notes from several reports, which his
Honor the Judge, carefully noted down, for what
purpose unless for the sake of appearances, it IL
difficult to surnise. Toward the close OF hi5
speech, it was announced that a witness for the
defense had arrived, and permission being accordet
to introduce her, Caiharine Jones took the stand,
and testified that she had known the defendant ID
Harrisburg some eight months before he is alleged
TO have escaped from Virginia, nor could crose-
examination shake her testimony. Mr.. Bull then
closed for the defense, and his Honor, declining TO
hear Mr. Brewster, proceeded, after 4 few minutes
of untroken silence, to read his decision, which,
in the most concise terms, sanctioned the claim
holding witnesses and certificates of record as un-
impeached; so, of course nothing was left for him
TO DO but to follow the decision of III Howard, SCI,
and f" TO award the certificate TO the claimant Of
"hs right TO take the party, according to act Of
"Congress." A ronnd of applause from medical
students and Market-street drummers followed this
announcement and the slave arose and left The
Court, hedged in by Marshals. t
But what meaneth the terrified expression on the
stolid face of our worthy Chief Marshal, Jacob 8.
Yost1 What paper 10 that between his fingers
which causes that stalwart man to trembe Can
it be habeas cOrpus7 1t is even so. What lie 70
be done His Honor properly is non committaL.
Mr.. Brewster hOnorabiy declines giyiDg advice,
already engaged as counsel for the plaintiff Away
few the Mar sbal Ike arrow fro the bow, were
the calls Mr.. Marshall Mr. Marshall" of his
Honor aueht but empty air to his ears as he few
down stairs to seek for counsel.
Such is meager outline of the trial and Of the
netamOrpbosis, more horrible than any in Ovid, Of
q man guilty Of no crime, and free by the God OF
Nature ard his own exertions, into slsye. Let me-
glance at the setting which surrounds this gem Of
Justice aud American Freedom.
In the first place. it has been proclaimed in the
papers that there was no excitement. This ia fasc.
The deepest interest prevailed in circles far remote
seen on almost every box on the sidewalk in Market
street, and the Fall elections, reared its admonish
irg front and waived back many who would willing.
ly have thrODged that Court room and the avenues
leading thereto Nor can Market street be altogether
condemned for its silence A business man has other
considerations than those for himself and his family;
he should be cautious before endangerng, by loss Of
trade, the obligations to his cred tors. As it wa,
the Courtroom was crowded both by spectators aud
by the members Of the bar; in addition 10 wet
known Abolitionisfs whose presence on such ar
occasion was matter Of course, such as j. Miller
McKim, Rotert PBryis, Passmore williamson and
others, We noticed Commissioner Loogstreth DAVID
Paul Brown, esq, Philip s. Randolph, and others.
Nor were troops of shining ones" absent; there
sat Lucretia Mott before whose presence, we
should think, injustice to the slave would stand
confessed ike the viper from the chaice OF ST. Johu.
and Mrs. Rachel Barker Moore, Miss Sarah Pugh,
Miss Wharton, a cousin Of the new u. s. District
Attorney, Miss Mary Grew, &C.; also, one or two
ladies OF the family of our highly respectable and
conservative fellow-citlzen, Fred. H. Fraey, esq
and others.
Narrowing the circle, let us look, in the second
place. at the course pursued by the counsel for the
defense and their speeches. Geo. Earle is censured
by the bar for not adhering TO law and discussing
its technical bearings, but Instead thereof he
launches forth into philippics against Slavery, and
into appeals for humanity, which are not germaine
10 tbe supJect. beg leave 10 differ from my pro-
fessiOnal brethren. The course which brother
Earle pursues is precisely the ony one before him.
Should he attempt to argue the case on legal
grounds he is instantly met by barr er higher than
the Himaayas, and more nnpenetrable His only
recourse is to ascend into the loftier regions OF
truth and religion and from the throne of immutable
Justice, to hur the lightning at the granite rocks Of
precedent and expediency. Herein be shows not
only intrinsic nObleness, in bis willingness to bear
the SCOTS of the public but also legal shrewdness
If the act OF September 1880 is law he nav NOT