The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-04-15
nj, I took the warrant, ana went "a

VINO gave me a vsrs. ten minutes before zen oclc
the nsrshai's once a. inai warrant rant apd deman'
| the surrender Of simms; cd to take counsel;
question. upon which he wish ave a criminal warra
aginst simms. upon the compla, him; afterwa,
thought this satisfactory and lea he replied I'll
called upon the Marshal for his advice to hi
/ one Of the gentlemen had not given the the 9Th;
| he gave the answer on the morning o. ushal 81
said that he could not give him up; the IA, befo
he had not the warrant about him the da, "
but had it then; have made return rs il h
be served; then demanded Simms. and asked byM
process he held him! lie said ION two processes--o.
fugitive, and the other for assault the officer
q. Did he state that Simms had been examined and
bound this warrant!
A. lie did not (Ihs witnesses spoke indistincty
that it was difficult for the reporter to hear
by Mr. Keyes-IIsve you had occasion to arres u
criminal process, already held on civil process
have but not when held under process issuing from
another Jurisdiction Should person, ain ed az slave
commit murder, would you arrest h m should lot
tn Marshal know the fact, and take advice.
mir. Goodrich counsel for officers. made mpert
nent Interruptions which rebaked by Mr. Reyes
and the Chairman.
Did the Sheriff give you any directions,
lie gave no directions, but him from time to
time; he left me in this matter to my Judgment
stances.
Richard IIldreth sworn-I issued criminal process
against Thomas Simms it appeared by the testimony Of
Charles List that IN conversation with Smms the latter
said two persons arrested him charge Of stealing
watch knowing he had not stolen watch he suspected
the charge was for the purpose Of arrestng him
slave lac had determined to defend Misunderstanding
other weapon but knife. he attacked officer with
the determination of killing him the knife broken
In the struggle.
This was the substance Of the testimony upon which
the complaint was made to the issue of
this warrant issued warrant against Ccphas Ames
mate Of the ship in which Smms came for assault
This warrant was served by constable Leighton who
brought his prisoner before Justice Merrill Of the Police
Court The complainant went for counsel and during
his absence the Justice refused to take cognzance Of the
warrant the ground that the complaint not filed
In the court lprocured the complaint te be fled and
that is the reason why have 1t not with ! had
vera conferences with the Sheriff and with Mr. Coburn,
and said to the latter that If the United States Marshal
had criminal process against Smms and executing
it in bona de manner it would hold him. but that If it
trick to shield him from criminal process of Mas
sachusetts it would not hold.
said to him that II would not allow him to hold him
more than rea soma BILE time either for or
acquittal. advised him that the civil process
bar from carrying him Immediately before commissioner
for examination; but the contrary he should carry
away from the State by the civil process told him
how to proceed. Yesterday afternoon went to the
bury for mandamus to take the prisoner before the
commissioner the criminal charge l told him that
unless he did So he would not fulfil his duty.
The law Of 1915 for the protection Of personal liberty
has been violated in several instances to knowledge
and in the held by Commissioner act; Constablcs
Jones' Sawin other officers testified tina. they had
been employed by the Marshal to detan Shadrach, flu
gtve went before the Grand Jury and made complaint
to that effect one Of the jury said to Mr. Dana that they
had doubt that the law of lS43 violated but they
did not find any bills against the officers; Mr. Neal
constable also testified that he had been employed by the
watchmen constables in everything but the power to
writs
(Mr. Griswo'd, member of the committee came in
about this time all Of the others having been present
from the opening.
John p Bigelow sworn--I am Mayor of Boston; did
not give orders for the police officers to put chains around
the court house, gave orders to the Marha to adopt
all to the public peace eav
ing the details to him; gave orders to the
mander Of the Light Infantry TO have portion Of his
troops In readiness to sustain the law; have occa
sons before particularly mt the time Of the murder Of
nr Dort ln I'm ar-tp
chief Of the militia then in the city, the exigences
in which TO call out the militia is reasonable apprehen
sion that difficulties might arise from dsordery indvi
duas thought there such danger at this time;
the evidence consisted in the fact that individual had
been forciby rescued from the officers Of the law and
that il might again; this in connection with the
fact that nhammatory appeals had been made to per
to themselves against the law; think did not
give my instructions the Marshal in writing; the
mander Of the regiment il Charles L. Holbrook Of this
city the requistion written, and read the precept
to HIM have the precep at my Office and viii endea-
to furnish copy; the military called out week
sgo to-day the first night two companies were out, and
since then company has been duty daily, day and
night Of the companies from Roxbury II there
L. any charge presume 1t will be at the expense of the
city no bills have been presented yet
do not know they will be at the expense Of the city
but presume they will be the city rarely has the advan
tage Of getting aid from other The Marshal had
Instructions to edopt for the security Of the
under the control OF the - Marni I'll. tim. IL tho
arrest If shadrach do not know that complaints have
been made that such officers under the control Of
the Marshal Constabes not under the control Of
the city do not know that watchmen under the
control II the u. s. Marshal. The watchnen under
the control Of the city BY night employ themselves
they choose by day. Watchmen are technically
stables for some duties am not aware that any ex-
pei contracted with reference to city officers in
the Of Shadrach None has come under my official
cognrsnce The city will undoubtedly pay the expense
Of watchmcn during the present case do not know
that the U s. Marshal has nadc any arrangement with
il the u $ Marshal should make arrangements to
ploy watchmen police contrary to laws Of the State,
would you not take notice OF II
l decline answering.
O. Did your ins tructons to Marshal Turkey authorize
the placing Of chains round the Court House.
A. Undoubtedly the authority was included In them
do not know but believe the court house belongs to the
city The city leases the United States certain apart
mcnts to be used court and adjoining room;
do no, know how many rooms have never simms;
this part of the court house leased to tn. United
states, suppose for the purpose of holding courts and
for any other purpose necessary in relation t. the same
1t is not likely there any restrictions In the lease
the Marshal advice instruction in re-
ation resisting civil process issued by the state
instructed the Marshal whenever Shnms should be taken
away to render such assistants might be necessary to
preserve the peace given Instructions to the
military in relation to assistance such occasion;
they remain In fancuil Hall, subject to orders.
a. DO you know what IL to he done In relation to the
military, when Sinms IL to be taken away
A. must take the responsibility of declining 10 an
swer.
have no knowledge 81 any ornaments belonging to
the general government which have been placed IN
city building have never received amy advice from
the United states government or officers thereof rela
tive action In emergency of this kind have
had teegraphc despatch from the United states
government relative to this matter
Further investigation was then postponed TIL half
past o'clock. Y. VI The committee rcassemblei NJ that
hour, aud additional testimony taken but We do
not deem u worth publishing The whoc isc.tsstion
turns out to be complete sIIle and the Scn,e and
Senatorial committee appear to smell something Ike
humbpg In the business.
The Departure of simms from Boston--Tri-
bulatton OF the Abolttionist-.
From the Boston Evening Mail April II
At three o'clock this morning body of about 20 ~ the
city watch placed the command Il city Mtrshs