The republic. [volume] (Washington [D.C.]) 1849-1853, 1851-02-25

L
called, and testfed that he was stationed at the
door, and had hold Of it, when Mr.. Davis came t.
the door to go out. Mr.. Byrnes spoke to him, and
| opened the door for him; that u. let it open
there being others pressing upon tho door. lei
| the door open enough To let him out. saw the
stairway all filed The Stare leading up were all
back against the side of the door, and put his lie n
hand up against the door. There was cry to 20
in should suppose by the fingers on the door that
five or six got hold of Il pull il round. had al
ready opened il as far for others. and there was
sufficient room for him to go out could not tell
where he went to. He stood there when the door
got started, and was slapped round outside the
passage way.
Cross -ex amined.-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 was holding on to the door
TO give you space enough to get out, and was
tending with the negroes by Keeping the door from
being opened more than sufficient to let you out
To the Commissioner.-Mr. Davis's back was
against the door jam when his hand on the
door pushing il open: 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.
Colonel Seth J. Thomas was next called. and
put, by the counsel for the defence, his dire
as to any interest he might have in the penalties
provided in the act. He answered that he was toe
counsel for Mr.. De Bree, the owner OF the alleged
fugitive and that he had received written instruc-
tions from his client in relation to the of Shad
rack; but he did not hold such power of attorney
as is contemplated in the Fugitive act His rela.
tons to the were those of attorney and
counsellor of law, and, az such. he had advised
with Mr.. Cuphart, the agent who held such pow
er Of attorney from MIR. De Bree as is intended in
the act. The fees in no manner depended upon the
result OF the proceedings in the case.
Here was discussed over again the question which
was raised in Mr.. Wrights case, viz, Whether the
prosecution were bound to prove tint the colored
man arrested was the person intended in the war
rant, and named Shadrack. The Commissioner
again held that the returns on the warrant was
prima facia evidence that the man arrested the
said Shadrack.
Mr. Dana, for the defence, thought Mr.. Riley had
destroyed the presumption arising from the return
by having testified that he did not personally know
whether the man was shadrack or not; all tie could
say was, that he knew he was the man he had ar
rested as Shadrack.
Colonel Thomas, upon inquiry, now testified that
on Saturday was the man claimed as Shadrack by
Mr.. Cuphavt, agent and attorney Of Mr.. De Bree.
When he came into the room Mr.. Cuphart said,
That is my boy Shadrack"
Simpson CLARK was next called to testify to an
admission by Shadrack after his arrest that he
Shadrack.
MIR. Dana objected, first, that such an admission
would es but he1r,syi second, BY the act he was
The Commissioner held that an alleged fugitive
was only excluded from being witness in the case
Of q complaint against himself az fugitive, This
did not exclude his admissions in the case Of the
party Of his identity 10 usually the highest which
can be obtained on that point.
Mr.. Clark proceeded TO testify. After the man
was brought in, he asked who 1t was that claimed
him. He first asked me, and referred him to Mr.
Sawin. Mr.. Sawin named one person to him, and
he said he did not know him. Mr.. Sawin then
naned anothef person e hin, and &c SAD ne DID
and commenced TO tell me the circumstances Of his
coming away, but advised him not TO speak to me
about It, as might be made witness against him.
told him not to tell any one but his counsel; and
Mr. List, his COUNSEL f6ld him the SAME, and he
stopped talking to the officers and others. was at
the further side of the door when Mr.. Davis went
opt. Describes the opene, and repeats part Of the
testimony Of Mr. Davis for the defence In the case
To Mr.. bavis.-I don't know that saw any
thing peculiar in your conduct Many persons
spoke TO Shadrack besides the person who whis-
sShadrack, heard some one say to him, "We will
stand by you TIL death.:'
George a. Curtis, esq, United States Commits.
sioner, who held the examination in the case OF
Shadrack. testified that there was no actual dis
turbancc during the hearing, About the time OF
the adjournment. 1t might have been a minute or
80 afterwards, tall young colored man, standing
behind the rail, approached Shadrack, and. ad-
dressing him, said: 1--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 did not know that he
was one of Shadrack's counsel. He neither said or
did any thing, so far az saw, from which could
infer that he was present in that capacity. Mr. E.
g. Loring and Mr.. Sewall were the only recognised
counsel; that is, they were the only persons who
addressed the court, and should not have allowed
more than two to address the court as counsel. II
is certainly common for gentlemen 70 be engaged
as counsel in court other than those who address
the court. WITNESS identifies the papers produced
bpfo he m FIJI he a
mcnt, &c.
Austin S. Cushing-I was present on Saturday,
while the proceedings were going on. After the
order given for clearing the court room, saw
man standing behind the rail, who was disin-
clined to leave He left rather slowly; and, as he
was leaving, he reached his hand over to the pri
soner, and, believe, calling him Erred" said
"We will stand by you till the DEATH" 1t was
Jesse 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 de-
scribed the scene. stout negro man came up the
passage way from the supreme court room de
was peculiarly dressed, and two negroes said to
him, "You are just the man we want" Another
said "Thats the boy for them" pointing to him.
There being some difficulty in getting the door
open, some sung out, "Goi Life or death, we
arc prepared for 'em." Another said, Damned
bloodhounds." Others said, "Knife EN-" One
man, whom he took to be minister, dssuaded the
other party from acts Of violence. Saw the rush
into the courtroom, and the fugitive borneout
in the arms of four or five persons. am sure saw
Mr.. Davis go into the courtroom some five or ten
minutes before the door was forced open. One man
had a sword.
Cross -cxamined.-Ih had seen Mr.. Davis before.
had seen him at the Thompson meeting at the Ire
mont Temple. think had seen him trying a
case in court also.
Mr.. Lunt, district attorney, rested the case here
| for the prosecution.
TESTIMONY THE DEFENCE.
Mr.. Davis now called number of witnesses for
the defence, and Mr.. Dana said that the first set to
be examined were expected to testify to the charac-
ter the Government witness, Frederick d. Byrnes,
| for truth and vcracity.
William Ross was called TO the stand as to the
character of Byrnes, but withdrew for the purpose
Of examining Mr.. Riley on some points connected
with the rescue. and about the fastening of the cast
| crly door, which was not forced, nor attempted.
He quite confident that Mr.. Davis did not leave
the court room and come in again just preceding
the rescue. He seemed 70 be busy III talking with
the associate counsel. On Saturday morning MIR.
nos olaJ, hcJc Craffa