ored 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 offeras 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.
