Richmond daily times. [volume] (Richmond [Va.]) 1850-1853, 1851-04-17

never I0unQ a morn SO sweet
Since first loves hope was born;
We loved between the white thorn bougb,
So true-l cannot leave her now.
THE BOSTON FUGITIVE SLAVE CASE.
EXAMINATION BEFORE THE SENATORIAL COMMITTEES
The Senatorial Committee of Investigation on the
order introduced by Mr. Robinson, inquire "whether
the freedom OF any inhabtant of this Commonwealth
s endangered through the remssness of any officers
thereof; or if any officer has refused or neglected to
serve any process tor the of any person charged
with being criminal and also "to inquire if any law
Tor the security OF personal liberty has recently been
violated by officers OF the city of Boston, or by officers
OF the Commonwealth pretending to act under the or
ders OF said city, with power to send for persons and
papers, held its second session in the Senate chamber
yesterday afternoon, at three o'clock, according TO
adjournment
Mayor Bgelow was further examined, but only tes
titled to the fact that he had ordered out the notice tn
prevent riot and bloodshed.
Marshal Turkey called and sworn. Testified that he
had been acting in the case OF Sims under written
order OF the mayor and aldermen; ne interpreted those
orders to mean any thing that would protect the peace
OF the city or prevent bloodshed. He caused the
chains to be put around the house. but his orders
did not exclude any person entering who had business
with the courts; spectators and ders had been excnd
| ed No police officer under United States nav
Heudged that the United States officers could not have
made the arrest from their previous bunging work
boodshed would have followed He construed the or
der he had received mean that it, in his opinion he
could save boodshed, he should accompany Sims to
the State line.
George T. Curtis was called and testified to some
Officer o. A. Butnam, Charles Devens, and Benja-
min F. Hallet, were called, but did not answer.
Rev. Mr.. Higginson, of NewburYport testified to
| conversation with Marshal Turkey, in which he asked
the marshal il it was his business to help to carry Sims
away, and the reply was no. but it his business to
help the United States marshal to keep the peace. He
then added OF his own accord: 81 knoao that am
violating the State lao, yell you knoD it-but
am not responsible; am acting under orders, and it is
thesmayor andladermen who responsible"
Mr. E. w. Jackson, OF Chelsea, testified that he
could not get into the courthouse without permit
H. A. Bancroft OF Groon, was called but testified to
nothing of importance.
DR.. VIM F. Charming, of Boston, testified to various
facts, but principally to conversation with Marshal
Turkey in which the marshal said that The work he had
| in hand would be done.
He then asked him, "are you not aware that this is
contrary 10 the statute ofns Commonwealth" He said
to me know no statute ofthe Commonwealth know
no order but the orders of the mayor and aldermen
He said that he acted according his ordels- his
orders were the other way, he would in that way.
And wish to state here, that believe he is sincere in
this matter, of acting according his orders and be-
lieve he would willingly act in different way
At ST o'clock the committee adjourned to 81 o'clock
this morning.
This morning the committee reasssmbed at 81 ocPk
The first witness called was
Deputy Sheriff Coburn, who testified that he has now
in his hands process for the arrest OF SIMS and has
not attempted to serve it since the previous examina
ton; had been informed by the United States marshal
that the United States criminal process should be dis
posed OF he should resist this process and hold the man
on the fugitive process was summond before Judge
Woodbury., yesterday, and there learned that Sims
had been remanded to the custody of the United States
marshal upon the United States criminal process;
should have stated yesterday that when called upon
the marshal for his answer upon the he told
me he held Sims upon the criminal warrant and if he
had not the criminal warrant he should hold him on
the fugitive warrant; don't know that any thing was
subsequently done with the United States criminal pro-
cess; subsequently,, l called upon Mr.. Lunt, United
States district attorney, and requested of him if any
disposition was made OF the United States criminal
process to give me notice. he has given me no notice;
he SAID, n courteous manner, he should take his own
time and own course, which understood equivalent
refusal to give me such notice; have been pre-
sent by night and day to serve the warrant; do not
know that Sims has been taken away, only by rumor
was out this morning at 6 o'clock; kept no watch orr
guard during the night considering my duty so to
do had been informed on several occasions by the
shall. that he should not give him up the criminal
process.
Yesterday afternoon, acting under the advice OF the
attorney general, made return to the criminal pro-
cess before 3oclock on separate piece of paper in
tending to annex to the warrant, and return the
police court. As was proceeding to make the return
to the proper tribunal, was met by summons to APP
pear before Judge Woodbury., and. considering that
summons as new exigency in the case, thought it
prudent to stop and hold the warrant without ma
king the return, that if an exgency should arise
could use the warrant. was summoned to appear be-
fore Judge Woodbury. as witness. THE return upon
to make this return this morning to the court at nine
o'clock. 1t has not yet been made.
On two occasions after this warrant came into my
hands had conference in regard to its service with
the city marshal. The first Immediately after
had made demand on the United States Marshal for
Sims. called on the city marshal and stated that
had cfimina warrant against Sims.
Commissioner B. +. Hallett appeared in behalf OF
City Marshal Tukey, and protested against exami-
nation into what passed in conversation between the
marshal and the witness, when the former not pre-
sent
The committee decided to hear the testimony, not
outstanding the protest.
Mr. Coburn continued and said that he informed Mar
shall Turkey that he had a criminal warrant against
Sims, and if Marshal Devens should give him up, he
Cobum) wished to call upon him Tukey) to aid in pre-.
venting a the disturbance OF the public peace
He replied Certainly, SIR give me your written order
and you shall have any assistance give you; such
are my orders from the Mayor" This was the first
conversation with him.
The second time on the night of the issuing OF
the habeas corpus by Judge Woodbury.. then told him
if any exigency should occur by which Sims should be
placed in my hands, should then wish to call on him
to prevent rescue, &c. He replied before saying
that he wanted the order in writing. then made blank
order to be filled up Unnecessary calling upon The city
MARSHAL and submitted it to him TO ii it met his
der from the mayor. This order made the sup
position that Sims had been arrested by me. lie said
| it covered his order and he should respond TO it.
| No exigency has occurred authorizing an arrest and
l have therefore not called ion him to aid me. The
city marshal did not volunteer TO assist me in the
| rest WAS toiu ny soutc oHo cise that NdIend
key had said that he ready to assist me, but pre-
sulned he meant to be understood in case l made a
written call upon him. Have had no consultation with
! Mr.. Devins since Judge Woodbury. remanded Sims.
| had conference with thesAuolney General, and he
advised me to make the return. He gave me no fur
the advice the return relieved from further duty.
made this return at his suggestion He approved OF
my making the return under the new state OF thisas
which existed after / was summoned before Judge
Woodbury..
In conclusion, Mr. Coburn stated that in this matter
hu1h bio do off in haat
| manner possible. He had devoted nearly all his
time TO ii by night and by day, and he thought he had
done everything that he could do under the eircum-