Mr. Lunt. I propose to show that Shadrach admitted he was a slave, and owned by De Bree, and that his name was Shadrach.
Mr. Dana. It is true the Commissioner has admitted Col. Thomas to testify to the declaration of De Bree's agent, as evidence that De Bree claimed the man; but this evidence is still more remote. This is a criminal prosecution. Is a man to be bound by statements of others? This matter was not adjudicated. How can the man's admission that his name is Shadrach affect us? He is not placed upon the stand. He is not under oath. His admission is that his name is Shadrach, not that he is a slave. Moreover, the act provides that the party claimed shall not be received as a witness.
The Commissioner. An alleged fugitive is only excluded from being a witness in the case of a complaint against himself as a fugitive. This does not exclude his admissions in the case of a criminal trial of another party. His admission is the best possible evidence of identity under the act. See Law in Appendix, Sec. 6. ["In all proceedings under this act">[
Mr. Clark. Am a constable. Am employed specially. After the man was brought in, he asked who it was that claimed him. He first asked me, and I referred him to Mr. Sawin. Mr. Sawin named one person to him, and he said he did not know him. Mr. Sawin then named another person to him, and he said he did not know him. He then said he was named Shadrach, and commenced to tell me the circumstances of his coming away, but I advised him not to speak to me about it, as I might be made a witness against him. I told him not to tell any one but his counsel; and Mr. List, his counsel, told him the same, and he stopped talking to the officers and others. I was at the further side of the door when Mr. Davis went out. [Describes the scene.]
Mr. Lunt. Did you hear Mr. Davis testify the other day, if so, what did he say?
Mr. Clark. He said when he got down to the landing he first thought there was to be a rescue, and he saw a man pass two canes up.
To Mr. Davis. I had some conversation with you in the room near the prisoner, after Mr. Wright came in, while the minister was here. The prisoner said something about his trust in God.
Mr. Davis. Do you remember his saying anything further concerning his position, showing any religious feeling?
Mr. Lunt. Religious feelings have nothing to do with this case.
Mr. Davis. I am aware of that, I waive the inquiry.