left with my copy of warrant, and had not returned at the time of the rescue,—did not know the use to be made of it. My impression is, that Mr. Sewall, yourself and Mr. Wright, were moving out together, but that Mr. Sewall got out before you did. There were three persons to leave, and I think you were all gradually moving to the door--I had no doubt you could get out safely and without disturbance-can't say you conversed with Mr. Wright or the preacher-there was some general conversation-saw you and Mr. Wright have no private conversation. I told Mr. Wright he might remain if prisoner assented. Perhaps the prisoner would like his counsel-Shadrach assented. I let Mr. Wright go up and speak to prisoner; I kept my eye on Mr. Wright when he spoke to the prisoner-he went up and took hold of his hand-Mr. Loring left the room sometime before. When Mr. Wright came in, I was surprised. You said Grimes better not come in-counsel asked me if a friend might remain with prisoner during his arrestMessrs. List, Sewall and Davis. were present can't swear who asked me.

To the Commissioner. Some colored friend I supposed-can't swear it was Davis asked it.

Mr. Dana. Do you know the person you arrested, was the person named in the warrant?.

Answer. The person rescued was the person arrested under the warrant, but cannot say he was the person named in the warrant.

The Commissioner. Do you contradict your return? your return? The return is conclusive. Mr. Lunt. Mr. Riley, do you mean to contradict your return! I warn you, Sir!

t

Mr. Dana. He has contradicted it. Mr. Riley, you did n't know that the person you arrested was the man named in the original warrant and complaint, as the slave of Debree?

Mr. Lunt. I warn you, Mr. Riley, not to give that testimony! I warn you, Sir !

The Commissioner. The return of the officer is conclusive.

Mr. Dana. Does the Commissioner mean to rule that a man may be hung in a criminal case, on the return of an officer in another, and that a civil case? This case goes further. Here the very man who made the return is on the stand. Cannot we show by him that a part of this return is matter of form, and that he does not know whether it is true or not?

The Commissioner. I think, Sir, the return of the officer is conclusive in all these proceedings.

Mr. Dana. But the fact is already in-and the return is nullified. The objec

tion is too late.

The Commissioner. If he has answered, it may go in, de bene esse.

Mr. Lunt. Does the Commissioner mean to rule in that testimony?

The Commissioner. I receive it de bene esse; to give such weight, to it as I shall think proper.

Mr. Dana. Mr. Riley, do you know whether the man you arrested was the man named in the original warrant?

Mr. Riley. Hardly a man is arrested known to the officer. The officer is responsible for mistakes. I don't know that the man arrested was the man named in the warrant.

He left at my

Did not apprehend a rescue or an attempt when Davis left. request at the time he left. He did not leave the room from all I saw, until his final departure-don't recollect seeing him outside the bar, nor conversing privately with any person beside counsel. He is known to me as a counsellor practising law in Circuit Court.

To District Attorney. There might have been fifteen persons in court room when I left. My attention was not directed to Davis particularly. He might have been absent without my knowledge.

To Mr. Dana. I kept my eye on the door after the room was cleared-ordered that no one should be admitted.

Charles Sawin, Dep. Marsh. Soon after Mr. Davis came in and sat down, he rose, coming towards me, and asked who Mr. Clark was, whether he was a southern man? I said, “ No, that he was a citizen of Boston, and had been for some years." I asked Mr. Davis what there was in the wind, and he replied- Not anything that I know of." He then added, "This is a damned dirty piece of business." This was before the proceedings before the Commissioner had closed. Afterwards when the proceedings had ended, Mr. Byrnes was standing within the

cut."

rail and I was outside, Mr. Davis said, “Well, you ought all to have your throats The attorneys were present. In all there were about twenty persons present. It was after the order had been given to clear the room. I made no reply to remark. I thought it was uncalled for. I missed Mr. Wright and Mr. Davis about the same time. I did not see him go out. I was near the prisoner. I saw a tallish man whisper in the prisoner's ear during the hearing. The prisoner then took off his coat, and rolled up his shirt sleeves, and adjust his neckerchief and look kind of fierce. It was a white man that whispered to the prisoner. Mr. Davis might have been gone a minute before the rush was made to break in. Cross examined by Mr. Davis. I don't know that your remark was, "this is damned dirty business for you to be in." My impression is that you did not qualify it. I did not consider it mean business. I thought it was legal business. I don't know that what you had said was the conclusion of a conversation that you had been having with Mr. Byrnes, and I don't recollect that the remark was, Well, then, you ought to have your throats cut." Mr. Byrnes was near, and so were others of the counsel with you. There was a Mr. Morris, or Morrison, with them.

Mr. Davis. What Mr. Morris?

Sawin. That one! (pointing to Mr. Morris, who was in the bar.) The little darkey lawyer!

The Commissioner. Mr. Morris is a member of the bar, and entitled to be spoken of with respect, as much as the white lawyers who were engaged in the

case.

Sawin. I meant no disrespect. I only used the expression for the purpose of designating the man.

Mr. Dana. The remark seems to amuse the district attorney.

Mr. Lunt. I cannot always control my muscles.

Sawin. (To Mr. Davis.) Have known you four or five years-never told you I was Deputy Marshal. Have given you business-considered the remark not unfriendly-did n't think much of it. The man was arrested in his apron and shirt sleeves-coat was afterwards brought in-don't know that he put his coat on again before the rescue. Heard Mr. Riley say to him, "Now, pretty soon, we'll have dinner." This was about the time you went out-thought you were counsel all the time.

Fred. D. Byrnes. Am a Deputy Marshal._ _Saw Davis in room on Saturday sometime while proceedings were going on. The first thing I heard Mr. Davis say, was "Damn mean business." The prisoner was in the bar. Mr. Sawin was on one side of the prisoner, and Mr. Clark on the other. Mr. Davis was within two feet of the prisoner, and I was near Mr. Davis. This was before the adjournment. Afterwards, near the rail on the left of the room, Mr. Davis came along and put his hand on my shoulder, and said-" This is a damned pretty mess," or, you are a damned pretty set," and " every one of you ought to have your throats cut." After that, and when nearly all the people had left, Mr. Wright and Davis came along, and I said to Mr. Davis, "I always took you for a gentleman until to-day, but I am very sorry to say I can't say it now." He said, Why?" I repeated his remark about cutting our throats, and he replied"Well, I say su now:" Mr. Davis then went out. I saw nothing out of the way when he went out. After Mr. Wright had passed out, I saw Mr. Davis near the wall on the right of the door, and close to the steps. I heard a voice that I then took to be Mr. Davis's, say-" Take him out, boys-take him out. I did not see his lips move, but I thought it was him who spoke the words, and I think so now. I am acquainted with Mr. Davis, and knew it to be Mr. Davis's voice, and no other one's voice. His shoulder was resting, or leaning against the wall. I had passed through the baize door with Mr. Wright, so that I could see a person at the corner of the wall at the outer door.

Cross examined. Mr. Hutchins had the charge of the door. I did not notice his position. Did see Mr. Clark's position. I saw nothing different in your going out from others going out. Clark and Hutchins were in front of me. I do not think the baize door closed on you before Mr. Wright came. The shout was after the pulling of the door commenced. Before that there had been several attempts to pull the door open. I had seen the ends of fingers on the edge of the door before that repeatedly. There was no rush when you passed out; but there may have been some hands on the door. I had gently led Mr. Wright as far out

.. A

as the threshold when the rush commenced. I saw no obstructions in your way when you went out. I can't say whether Mr. Hutchins had to let go of the knob or not, when you got out. I thought at the time, that you meant to call the people in, and I so told our people then.

Mr. Davis cross examined the witness very minutely as to the repeated opening and shutting of the baize and outer door during the minute prior to the rush, and also as to his position from moment to moment, and the positions of Clark and Hutchins, at and near the door. He testified that he was somewhat hard of hearing, more so some days than on others.

To Mr. Dana. I think Saturday was one of my hearing days. I don't hear so well to-day. My deafness came on when Elder Knapp was here. I was called out on duty at the time of the disturbance in Bowdoin square, in 1843, or thereabouts.

To Mr. Lunt. I saw a cleaver in the hands of a black man outside the door. He was standing rather back.

To Mr. Dana. I know the voice I took for Mr. Davis's was not a black man's voice. I know a black voice usually from a white man's. It was a white man's voice, and I thought at the time it was Mr. Davis's. I did not think it was Mr. Davis's voice because of its being a white man's voice. It was my opinion that it was not the voice of a colored man. There were many other voices heard calling out at the time. My first reason for supposing it was Mr. Davis's voice was that it was not a black man's voice. Within the past three years I have casually conversed several times with Mr. Davis. Know him as I know a thousand other people in Boston.

To Mr. Lunt That the voice I heard was not a black man's was only one of my reasons for supposing the voice was that of Mr. Davis.

Friday, Feb. 21st. Calvin Hutchins was called, and testified, that he was stationed at the door, and had hold of it, when Mr. Davis came to the door to go out. Mr. Byrnes spoke to him, and I opened the door for him; that is, I let it open, there being others pressing upon the door. I let the door open enough to let him out. I saw the stairway all filled. The stairs leading up were all filled also. When he stepped round, he got his back against the side of the door, and clapped his left hand up against the door. There was a cry to go in. I should suppose by the fingers on the door that five or six got hold of it to pull it round. I had already opened it as far as for others, and there was sufficient room for him to go out. I could not tell where he went to. He stood there when the door got started, and I was slapped round outside into the passage-way.

Cross examined. (To Mr. Davis.) To go out the best way to clear the crowd, you ought to have turned to your right; but you faced round to the door, putting your left hand upon it, and opening it more than was necessary. Some one had

hold of the knob of the door at the time, and there were fingers on the edges. I was holding on to the door to give you space enough to get out, and was contending with the negroes by keeping the door from being opened more than sufficient to let you out. You slid out to the right.

To the Commissioner. Mr. Davis's back was against the door jam, or door post on the right, when his hand was on the door. [Witness goes to the door, and explains the position of himself and Mr. Davis, at the moment Mr. Davis had his hand upon the partly opened door.] The door opens outwardly from right hand Didn't see Davis afterwards.

side.

act.

Col. Seth J. Thomas was next called, and put, by the counsel for the defence, on his voir dire, as to any interest he might have in the penalties provided in the He answered that he was the counsel for Mr. De Bree, the owner of the alleged fugitive, and that he had received written instructions from his client in relation to the case of Shadrach ; but he did not hold such a power of attorney as is contemplated in the fugitive act. His relations to the case were those of an attorney and counsellor of law, and as such he had advised with Mr. Caphart, the agent, who held such a power of attorney from Mr. De Bree as is intended in the Fees in no manner depended upon the result of the proceedings in the case. Mr. Dana inquired what was to be proved by this witness.

act.

Mr. Lunt. That the person under arrest was claimed as a fugitive.

Mr. Thomas. Was here on Saturday last, saw a person called Shadrach, who was alleged to be a fugitive slave.

This evidence was strongly objected to as hearsay, but held admissible by the Commissioner.

Cross examined. My means of information is confined to others. Don't know that I ever saw the negro before.

The Commissioner said that he had ruled that the Government were not obliged to show that Shadrach was a slave, and that no further evidence was necessary to show that he was arrested and escaped.

Mr. Davis. The question now arises under the present warrant and complaint, which alleges not only that one Shadrach was a fugitive slave; but that the same Shadrach who was a slave to one De Bree, was rescued. The Commissioner has ruled that the Government are not obliged to prove that the man under arrest was a fugitive, or was a slave. Does the Commissioner also rule that the Government need not show that the man arrested was the man claimed, and that the man rescued was Shadrach ?

The Commissioner. The Government may prove by Col. Thomas that the man arrested was the man claimed.

Here the question was discussed, whether the prosecution were bound to prove that the colored 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 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.

Mr. Clark. I don't know that I saw anything peculiar in your conduct. Many persons spoke to Shadrach, besides the person who whispered to him. While my back was turned towards Shadrach, I heard some one say to him-" We will stand by you till death.'

George T. Curtis, Esq., U. S. Commissioner, who held the examination in the case of Shadrach, testified that there was no actual disturbance during the hearing. About the time of the adjournment, it might have been a minute or so afterwards, a tall young colored man, standing behind the rail, approached Shadrach, and, addressing him, said—“ We will stand by you." Mr. Riley, the deputy marshal, observed the man, and heard the remark, and checked him, and sent an officer to remove him to another part of the room. Mr. Davis was present, but I did not know he was one of Shadrach's counsel. He neither said or did anything, so far as I saw, from which I could infer he was present in that capacity. Mr. E. G. Loring, and Mr. Sewall were the only recognized counsel; that is, they were the only persons who addressed the court, and I should not have allowed him more than two counsel.

To Mr. Dana. It is common to have more counsel than address the court. I do not know that Mr. Davis may not have been one of these. I should not have limited him, except as to such counsel as should address the court. [Witness identifies the papers produced before him, and the order he passed for the adjournment, &c.]

man.

the scene.

Austin S. Cushing. I was present on Saturday, while the proceedings were going on. After the order was given for clearing the court room, I saw a man standing behind the rail, who was disinclined to leave. He left rather slowly, and, as he was leaving, he reached his hand over to the prisoner, and, I believe, calling him " Fred,” said—“We will stand by you till the death.' It was a colored Jessee P. Prescott, in the employ of the Fitchburg Railroad Company, testified that he was present in the passage way at the time of the rescue, and described A stout negro man came up the passage way from the supreme court room. He was peculiarly dressed, and two negroes said to him" You are just the man we want. Another said—“That's the boy for them," pointing to him. There being some difficulty in getting the door open, some sung out-"Go it. Life or death, we are prepared for 'em." Another said-" Damned bloodhounds." Others said-" Knife 'em." One man, whom he took to be a minister, dissuaded the other party from acts of violence. Saw the rush into the court room, and saw the fugitive borne out in the arms of four or five persons. I am sure I saw Mr. Davis go into the court room by the east door, some five or ten minutes before the door was forced open. One man had a sword.

Cross examined. I had seen Mr. Davis before. I had seen him at the Thompson meeting at the Tremont Temple. I think I had seen him trying a case in court also. Saw you at the Chaplin meeting. The person I took to be you was in a hurry—had no hat on, and spoke to a man as he was coming in. Said, "How do you do," merely. It was not more than ten minutes before the adjournment.

Mr. Lunt here rested the case for the prosecution.

Mr. Dana moved the discharge of the defendant, on the ground of failure of proof, to raise the question of the construction of the statute, and asked the commissioner if he adhered to his ruling in Mr. Wright's case.

The commissioner denied the motion, and said that he considered it sufficient for the Government to prove that a person claimed as a slave had been rescued.