The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-04-15
The Sheriff Arraigned before the Senatorial
Committee.

/ y. o.,
Bigelow The u 8. Marshal, City Marshal; and several
Deputy Sheriffs were also present.
The committee first called upon Sheriff Eveleh, who
| sworn by the chairman.
We quote his testimony from the Commonwealth extra
| Q. Are you Sheriff Of Suffolk!
q. Have you in your hands process commonly called
de honine rspsgiandO'
A. have reason to believe such a process Is in the
hands of one Of my deputies-Mr Coburn.
O. Did you give him any advice IN relation to the SER
A. am not certain that have given him any advice
| upon the subject
| q. Has this process been served,
| A. That part Is not within my knowledge.
O. Have taken legal advice in relation to the SER
vice Of this bill,
| and Of the Attorney General.
| q. What did they advised
| A. have the written opinion Of MIR. Parker.
| q. You will put it in!
| A. Twill give you copy.
| O. Have you received any advice from the Attorney
| General,
| A. have, sir.
| q. Ia that in writing!
| A. 1t isl have copy Of that,
/ q. IsN true copy?
| A. believe II is.
You asked if had received advice in relation to
the service have from many people, but not other
/ have received volunteer advice. This morning
ceived some resolutions from the town of Chelsea.
Q. When this writ put into the hands Of the Of
| A. I do not know sir
q. Have you had criminal process put into your
i
A. have had process issued by Richard Hdreth,
| based on u complaint Of Charles List.
| q. When did you receive that!
| A. 1t was brought to by Mr. Sewall. told him
supposed might be served mt any time lie requested
Mr. Coburn to It, and won't to give 1t to him do
| not rocollect what day that was.
was not actually put into my hand, BY him d III
o'clock. do not know what was done with the writ 1
informed him what Mr. Coburn said that he had served It,
O. Have received counsel relative to the SER
/ vice Of this writ!
A. believe it is contained in the papers before you.
O. Did you ask for advice particularly in reference
TO this
| A. i did
A. 1t is not; but thought 1t necessary In this
do not know Of my knowledge whether this writ
Q Did the Deputy tell ynn h" had served this writ,
A II. ala oa,ht to say I called upon the Governor
in to the matter, and he letter to
Mr.. Parker, who declined giving an opinion without au-
Q. What did the Deputy say was the reason for the
| Marshals not giving up simms,
had Simms fugitive from service, and also that he
had process to hold simms as q criminal
a. Is this the conversation which he gave as the result
| Of the first attempt to serve the witt
| @. What else did he sayl
A. lie refused to give him up and said he shoud hold
him with what power was at his command
| q. by force!
O. Has there been more than one attempt to serve this
| warrant
| A. believe there has
q Did the Deputy inform you which process the Mar
| shal proposed to hold siInns on
| A. do not rtcollect.
o. BY Mr. Keyes-Dd you consider the satisfac-
tory; and IL you knew there force enough in your
hands TO do i, why did you not do II! :,
| A. While he held him under criminal warrant,
thought II enough to hold him II was ON the ground
Of the criminal warrant alone do not know which Of
| the warrants the prior one.
By Mr. Wood-IIave YOU received any advice to The
to be pursued In case the criminal process In the
A The advice, / think l. in the written opinion; I
should return the process to the Court in such acase
to take advice on the subjects am here to answer any
proper questions which may be put TO me.
By Mr.. Kcycs.-If he was held under warrant for
debt should you consider your warrant would override
that
A. I should.
| a In this case do you consider the holding him a
slave the property II another as more important than
A. should not wish to be required to that
should prefer taking advice before serving the process
u. J. Coburn, Deputy sheriff, sworn.
Y Are you the Deputy Sheriff Of suho'k'
q Did you have writ Of de hOmine rcp siano placed
into your hands,
A had wri, Of personal rcplevn placed in my hands
the 9TH q April by Charles O. Davis, In behalf OF
Thomas simms; when lac came, late in the afternoon
was engaged and he went away 10 return shortly lac
called again in short time and gave me wr o. per
Thomas simms; conference OF some little time was
had. and the writ compared with the statutssi
he asked me II l would serve y. aud see that the
| proper bonds given; told him | would do so
| would do II without using force, he said ne did
not expect force 10 be- used he did expect that
with IL he wished only To have such proceedings As
would lay the foundation Of future proceedings agans,
the Marshal told him would take the writ and eSc
in good faith. but that had little expectation he
would be given up the writ was Issued by the Court ~
Common Pleas hac supposed II to b. by the ch,ei
Justice but subsequently found y was not have th'
writ, aud will furnish copy to the committee con-
,ersaton cnsucd about the bonds h. asked me how
much bonds should require told him should want
to consider II he said he wan ed to be very hgh nc
| gave the writ. and nj 80 minutes 10 left ! con
ferrtd WITH gentlemen about tne amount ana ass ~
| amount the next morning, the 5th-i mstaSe about
the FIRST statement which the It'll went " th'
cce IL Mr. Davis the bond was executed W my once
quarter before 10 Mcssrs 7 Gilbert Wendell Phillips
and Francis Jackson being named rs surrtcs went 4
tn, Narshas Office. and delivered the writ at 10 minutes
to 10 oclock and demanded the body 70 be delivered &
me he Marshal said " he called upon then To de
eide H. must give him up hut ne wished to take
III and h the coursc Il the morning he would decide
at ~ o'clock called upon the Marshal he said upon
advice of counFcl, be must refuse TO give him up
think he stated not then. but at the first interview, d,
wished To consult with SIR. Curtis aud Mr. Choate
think he said MIR G. =. Curtis.
In the al, ri oon Mr. Davis with others, called on M
and wished me H. make further demand upon the mr.
iinl al about 81 o'clock went to the inarshals Once
and asked him II he had rhoma. smms IA custody an'
would show him be delivered up ~ accordance
with the d,mand he said he had HIM aud u attempts
to atc HIM be would oppose foTcc-such force a. w"n
~ ntCtsaiy, askod HIM IL the police utcer about "
court ~ use we're under his control not he said "un
dr ny c,hifi cmtir,y, he meant all the i9rco ~ an
~ II he c,ur. hous, l then LEFT. md made no othe
attempt 10 serve the writ have made no return = th
writ NLith not teturnsble until the July term q th
court; have made inquiries of one police officer wh
sad H. vas dututpd under the United stats Mar
stlt and ht Beloved the others also ~ was Ir
.,rts a. VIII IN tpoke; he said speaking * IN "r'
sou wei ,fccls YOU will have to ~ ,lscwh,re v
VI ait ~ acting uEr the Marshal, that i all kh0'
! IL tbs writ.
: l. I'd you have criminal process put into you
! ards g. itiation to sinms
a. en- the 9Th Il, halt pa II o'clock. received nr
ticc e. meet MIR StwR Ia tht law library met mn
when ht Inquired tUOut the writ a personal r.pleNih,
| stated lLy fttts ia tie case when, aittr sun
|, | ttnutfHtiun. H. wthrd 60 20 To hs Oihce' -
wac l,iLg cut gentleman stopped be-Nhr
Lc taid thing about serving criminal proc -
han past L. received note from Nr ttvt ~ - =
hin "a The th6uu Court at ~ after; went ini
tbs Court, and met Mr. sewsi aud Mr. Richard Hidretl