The republic., 1851-04-15

VINO Responsible.
Mr.. X. w. jackson, Of Chelscs, testified that ha
could not get the courthouse without permit.
H. A. Bancroft, OF Groton, was called, but testi-
fed 10 nothing Of Importance.
DIR. VIM. r. Channing, Of Boston, testified to VA
rious facs. but principally to conversation with
Marshal Tukey, in which the marshal said that the
work he had in hand would be done. ii.l a,li gl'
He then asked him, care you not aware that this
He said TO me, know no statute of the Common
wealth. know no order but the orders Of the
mayor and aldermen. He said that no acted &C.
cordipg to his ordersif his orders were the other
mere, that believe he ia sincere in this matter Of
acting according TO bis orders; and believe he
would willingly act in different way. sss
O'Clock this morning. .'.--as 'e''''-4--
This morning the COMMITTEES rsassembled At 81
O'Clock. The first witness called was 81 81
Deputy Sheriff Coburn, who testified that he has
now in his hands proccss for the arrest Of Sims.
and has not attempted TO serve il since the pre-
vious examination; had been informed by the Uni-
ted States marshal that If the United States Grim
inal process should be disposed Of ho should resist
this process and bold the man on the fugitive pro-
cess; was summoned before Judge Woodbury.
yesterday, and there learned that Sims had becn
remanded to the custody Of the United States mar.
shal upon the United States criminal process;
should have stated yesterday that when called
upon the marshal for his answer upon the warrant
ne told me be held Sims upon the criminal war
| rant. and If he had not the criminal warrant he
should bold him on the fugitive warrant; don't
know that any thing was subsequently done with
the United States criminal process; subsequently,,
called upon MIR. Lunt United States district attor-
ncy, and requested Of him il any dispoaition was
made Of the United States criminal process 70 give
me notice; he has given me no notice; he said, in
a courteous manner, he should take his own time
and own course, which understood ~ equivalent
to refusal to give me such notice; have bean
present by night and day 10 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 or guard during the night, not consider
ing 1t my duty TO do; had been informed ON sev-
eral occasions, by the marsha, that he should not
give him up on the criminal process.
Yesterday afternoon, acting under the advice or
the attorney general, made return to the GRIM
inal process before three O'Clock, on a separate
piece OF paper, intending TO annex it to the war
| rants and return 1t to the police court. Az / was
proceeding TO make the return to the proper tribu-
nal, was met by summons to appear before
Judge Woodbury.. and, considering that summons
rs new cxigency in the case, thought il prudent
to stop and hold the warrant without making the
return, that If an exigency should arise could
use the warrant. was summoned to appear be-
fore Judge Woodbury. as witness. [The return
intended TO mako this return this morning to the
court at nine O'Clock. It has not yet been made.
On two occasions after this warrant came into
vice with the city marshal. The first was imme-
diately after had made demand on the United
States marshal for Sims. called on the city mar
shai and stated that had criminal warrant
against Sims.
Commissioners B. F. Hallett appeared in behalfof
City Marshal Tukcy, and protested against an ex-
animation into what passed in conversation be-
tween the marshal and the witness, when tho for
mer was not present. 4ffirr ~ t i.s
The committee decided to hear tho testimony,
Notwithstanding the protest. 6.
Mr.. Coburn continued, and said that he informed
Marshal Tukey that he had a criminal warrant
against Sims, and If Marshal Devens should give
him up, he (Coburn) wished to call upon him
(Tnkey) to aid in preventing rescue or the dis
tsaFh FhoV fSf he H. III
tainiy, sir, give me your written order and you
shall have any assistance can give you; such arc
my orders from the mayor, This was the first
conversation with him.
The second time was on the night Of the issuing
OF the hobeos corpus by Judge Woodbury.. then
told him II 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 az before saying that he wanted the order
in writing. then made blank order, to Be filed
up necessary calling upon the city marshal. and
submitted It TO him TO if 1t met his order from
the mayor. This order was made on the supposition
that Sims had beon arrested by me- He said il
covered his order and he should respond to it.
No exigency has occurred authorizing an arrest,
and have therefore not called on him to aid me.
The city marshal did not volunteer to assist me in
the arrest. was told by scme one else that Mar
shal Tukey had said that he was ready to assist
me, but presumed he meant TO be understood in
case made written call upon him. Have had no
consultation with Mr.. Devens since Judge Wood
bury remanded Sims. s5A N .ssa-fA
uuu u conference Win the ATTORNEY u eO0f0J.
| and he advised mo to make the return. He gave
me no further advice, a. the return relieved me
from further duty. made this return 1T his aug
gestion He approved Of my not making the re-
after was summoned before Judge woodbury..
In conclusion, Mr. Coburn stated that in this mat
ter It had been his desire to do his official duty in
the best manner possible. He had devoted nearly
all his time to Il by night and by day, and be
thought he had done every thing that he could de
under the circumstances of the case. The man
being under another jurisdiction. he did not feel
authorized to take him by force. He felt the ap-
proval Of his own conscience that he had done al
ne could to execute his duty in legal manner.
The sergeant-at-arms reported that Mr.. Asa O.
Butman had been summoned q witness, ssand
he respectfully declines appearing"
Richard Hildreth, esq, testified that he was be-
fore Judge Woodbury. when he remanded Sims.
Judge Woodbury. stated that It would be the duty
OF the marshal, as soon as an opportunity occurred
having that criminal warrant in his hands, to take
Sims before the Commissioner for examination
He also intimated that the district attorney might
perhaps, In his discretion, see proper to withdraw
the whole proceeding was cover to obstruct the
State process, thought II my duty to give certain
notices to the United States marshal, Mr.. Hallett,
the Commissioner, and Mr.. Lunt, district attorney.
went to the court-ho for that purpose, and
gave the marshal a written notice calling on him.
If the United States criminal process should be li1
ed, not to remove Sims from the Commonwealth
without giving Deputy Sheriff Coburn notice, in
order that be might serve his warrant Mr.. Lunt
also called on to notify Mr. Coburn II the pro-
ceedings on the criminal process were discontin-
ued Mr.. Halett was requested not to hear the case
without notifying Mr.. Coburn.
don't know what was finally done with the
United States criminal process. Sims was in cus-
tody when these notices were served. He thought
Mr. Coburn had done all that Il in his power to
do, and all that he could do. to serve the war
rant. ft f s8e trttrsF
Mr.. Hildreth then submitted some evidence rcla-
tive to tho obstructions of the court house. At ono
tiue he ri
was Transferred to the marshal's Office, which i on
the left-hand corner Of the eastern entrance That
corner was obstructed by large posse Of officers
the rharshaps, but made them go q round-ab
way to get to them. The main passage ON the
lower floor was completely obstructed. The officer
said ne stopped me from passing through the pas
came along and inquired of the officers by what
authority they obstructcd that passage1 They
said it was by the marshal's order. Understood
A ko Aiaa sAal SAsx> ~>>>s- Ill a.