He continued, in these words, copied from the minutes taken on the examination: “Burch interrogated the boy in the usual manner, told him if he purchased him he should send him south. The boy said he had no objection, that in fact he would like to go south. Burch paid $650 for him, to my knowledge. I don’t know what name was given him, but think it was not Solomon. Did not know the name of either of the two men. They were in my tavern two or three hours, during which time the boy played on the violin. The bill of sale was signed in my barroom. It was a printed blank, filled up by Burch. Before 1838 Burch was my partner. Our business was buying and selling slaves. After that time he was a partner of Theophilus Freeman, of New Orleans. Burch bought here—Freeman sold there!”
Shekels, before testifying, had heard my relation of the circumstances connected with the visit to Washington with Brown and Hamilton, and therefore, it was, undoubtedly, he spoke of “two men,” and of my playing on the violin. Such was his fabrication, utterly untrue, and yet there was found in Washington a man who endeavored to corroborate him.
Benjamin A. Thorn testified he was at Shekels’ in 1841, and saw a colored boy playing on a fiddle. “Shekels said he was for sale. Heard his master tell him he should sell him. The boy acknowledged to me he was a slave. I was not present when the money was paid. Will not swear positively this is the boy. The master came near shedding tears: I think the boy did! I have been engaged in the business of taking slaves south, off and on, for twenty years. When I can’t do that I do something else.”
I was then offered as a witness, but, objection being made, the court decided my evidence inadmissible. It was rejected solely on the ground that I was a colored man—the fact of my being a free citizen of New York not being disputed.
Shekels having testified there was a bill of sale executed, Burch was called upon by the prosecution to produce it, inasmuch as such a paper would corroborate the testimony of Thorn and Shekels. The prisoner’s counsel saw the necessity of exhibiting it, or giving some reasonable explanation for its non-production. To effect the latter, Burch himself was offered as a witness in his own behalf. It was contended by counsel for the people, that such testimony should not be allowed—that it was in contravention of every rule of evidence, and if permitted would defeat the ends of justice. His testimony, however, was received by the court! He made oath that such a bill of sale had been drawn up and signed, but he had lost it, and did not know what had become of it! Thereupon the magistrate was requested to dispatch a police officer to Burch’s residence, with directions to bring his books, containing his bills of sales for the year 1841. The request was granted, and before any measure could be taken to prevent it, the officer had obtained possession of the books, and brought them into court. The sales for the year 1841 were found, and carefully examined, but no sale of myself, by any name, was discovered!
Upon this testimony the court held the fact to be established, that Burch came innocently and honestly by me, and accordingly he was discharged.
An attempt was then made by Burch and his satellites, to fasten upon me the charge that I had conspired with the two white men to defraud him—with what success, appears in an extract taken from an article in the New York Times, published a day or two subsequent to the trial: “The counsel for the defendant had drawn up, before the defendant was discharged, an affidavit, signed by Burch, and had a warrant out against the colored man for a conspiracy with the two white men before referred to, to defraud Burch out of six hundred and twenty-five dollars. The warrant was served, and the colored man arrested and brought before officer Goddard. Burch and his witnesses appeared in court, and H. B. Northup appeared as counsel for the colored man, stating he was ready to proceed as counsel on the part of the defendant, and asking no delay whatever. Burch, after consulting privately a short time with Shekels, stated to the magistrate that he wished him to dismiss the complaint, as he would not proceed farther with it. Defendant’s counsel stated to the magistrate that if the complaint was withdrawn, it must be without the request or consent of the defendant. Burch then asked the magistrate to let him have the complaint and the warrant, and he took them. The counsel for the defendant objected to his receiving them, and insisted they should remain as part of the records of the court, and that the court should endorse the proceedings which had been had under the process. Burch delivered them up, and the court rendered a judgment of discontinuance by the request of the prosecutor, and filed it in his office.”
There may be those who will affect to believe the statement of the slave-trader—those, in whose minds his allegations will weigh heavier than mine. I am a poor colored man—one of a downtrodden and degraded race, whose humble voice may not be heeded by the oppressor—but knowing the truth, and with a full sense of my accountability, I do solemnly declare before men, and before God, that any charge or assertion, that I conspired directly or indirectly with any person or persons to sell myself; that any other account of my visit to Washington, my capture and imprisonment in Williams’ slave pen, than is contained in these pages, is utterly and absolutely false. I never played on the violin in Washington. I never was in
