olored man arrested was the person intended in the
warrant, and named Shadrach. The Commissioner again held that the
returns on the warrant were _prima facie_ evidence that the man arrested
was the said Shadrach.

Mr. Dana thought Mr. Riley had destroyed the presumption arising from
the return by having testified that he did not personally know whether
the man was Shadrach or not; all he could say was that he knew he was
the man he had arrested as Shadrach.

Col. Thomas was allowed to testify, that the man arrested and brought
into the court room was claimed by Caphart as Shadrach. When he came
into the room Caphart said, "This is my boy." Col. Thomas produced a
paper and testified to it as the power of attorney. Objected to on the
ground that the signature was not proved. The Commissioner held that it
was admissible as one of the papers before Mr. Curtis.

_Simpson Clark_, recalled.

_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 witn