The republic. [volume] (Washington [D.C.]) 1849-1853, 1851-02-26

or three minutes. heard q noise and shout ABOVE,
while was talking with MIR. Davis a.
Alonxo +. Neale-constable Neale.-I was IN the
court-r room ON Saturday; was called IN by Mr.
Noycs, the messenger of the United States Sour.s
saw Mr.. Davis in the court-ro room saw nun 81
out Of the court room Somebody asked me to let
Mr. Davis out l said not the doorkeeper
The person then spoke to Mr. Hu.oahs' w0 ne.
the door and Mr. Davis passed out suppose now
il was MIR Wright who asked me to open the door
Tor Mr. Davis. j think MIR. Davis, MIR. Wright,
and a third person .,ten,inn was called of ' for
a moment, by noticing the coored man to get
No. put his coat on, and walk about. Then
came the ycIl and the forcing of the door. Doubt
ing whether. a constable. Ihad any right to in
teriere, concluded not TO do any thing until some
emergency occurred. ] saw MI. Hutchins driven
away from the door; IL Is my opinion that Mr.
Byrnes behind the door. If SO, he could not
see outsde the doorway. At the time of the fret
rush there were one or two near Mr. Hutchins, and
MIR. Byrnes might have been one OF them. should
about the time MIR. Wright and MIR. Davis passed
out. When the yell came the prisoner ran towards
the door this side, and then back on the other
side OF the rail. ! WINS somewhat excited, but
helped in holding to the door. John Riley
was on the other side, and 80 was Patrick Riley
felt rather vexed that they did not come TO the
door attacked to assist in closing 1t, and with
drew from the door. John Riley calling for
before The prisoner put his coat on, and show signs
ofexcitement; and there had been good deal of
loud talking outside. was in the court room
about an hour. should not think Mr.. Davis went
out after came in, until he went out at the time
have spoken Of
George w. Minis. esq.,. counsellor at law was
IN this court room between ono and two on Satur-
day-saw Mr.. Davis was here. Including the off,
GERS and counsel, there appeared to be about .
dozen persons in the courtroom when was ad
m,t a Heard Mr.. fkAey say shs prisoner would
every thing reasonable done to make his situation
comfortable. Saw Mr.. Davis--his manner was
calm. He remained go till an incident occurred.
Some person behind where was sitting said some
thing, concluding with the remark, ''Kill the ne
gro." thought the remark came from Mr.. Byrnes,
put don't know. mr.. Davis' at tne time was
was irritated by the remark, and said. "Then on
that principle, you ought to have your threats CUT.
Mr.. Byrnes and another officer were behind me.
sitting within the bar. next to the railing.
which was between me and Byrnes and the other
officer. l know Mr.. Byrnes's voice, and am able
to recognise it, and thought at the time that it
was he who made the remark, but cannot swear
1t was not very loud, and did not turn round to
look at MIR. Byrnes didn't think, from the tone,
kill the negro, but thought it was made for the
purpose Of Irritating Mr. Davis. My attention was
CHIEFLY occupied in looking at the prisoner. The
remark caused a flush to rise ON Mr.. Davis's face.
do not think that he made any reply.
During the examination of Mr. Minns there was
slight alteration between Messrs. Dana and
Lunt, Mr.. Lunt having said that Mr. Damn needed
watching. After some remarks by Mr.. Dana. Mr..
Lunt said he only meant to say that Mr.. Dana
needed watching in the that all lawyers need
ed it.
The commissioner, in pleasant manner, begg-
ed that the counsel would not require him TO settle
not understand Mr.. Lunt as intending personal
reference to Mr.. Dana. The remark was general,
and probably not unfounded, namely, that in the
zeal of cross examination counsel generally
quired TO be watched.
Mr.. Dana having EXPIRE ssed himself satisfied with
the explanation OF MIR. Lunt, the commissioner
added, that he would also take this opportunity to
say that he was very much gratifed with the pro-
fessiona propriety with which the defence had been
conducted By the counsel, (AIr Dana;) that he had
more gratifed, il formed an agreeable contrast
with the course pursued By one Of the counsel in the
previous case. (ndr. Hildreth.) whose object it
imaginary issues, and cite authorities altogether
irrelevant to tho cause in hearing, to the law
bearing upon it. He could only say, in regard to
those points, that 30 long counsel appeared desi
rous to try the matter before him, he should extend
to them every courtesy and attention; but if they
expected to embarrass the proceedings, defeat
the legal purposes Of these examinations, by diff
ferent course, they would be disappointed
Frederick Warren, deputy marshal-l left the
court room about five minutes before two O'Clock
went down stairs-cnme back by the passage up to
the supreme court-went to the closet, and there
heard the shout; came out of the coset; found the
crowd more dense than five minutes before. and
the door being pulled and vibrating; proceeded to
the city marshais Office to notify the marshal who
said he could do nothing. told him the crowd
son near the corner of the recess, when entered
the closet. When | got back from the City Hall
the rescue had been made.
THE object of Mr.. Warren's testimony was to
show that 1t was he, and not Mr.. Davis, who
seen In the passage, and to 60 into the courtroom
few minutes before the rcscue.J
called 'o The s. his as
that Mr.. Davis Of the counsel for the fugi-
tive. and took part in the consultations about the
arrangements for writ of hobeas corpus, and n
writ de hsmine replegiando. Witness drew up the
writ Of habeas corpus, but Chief Justice Shaw re-
fused 70 sign it, Its purpose to test the consti
to issue warrant. He never heard any one sug-
gest the of force for the liberation of Shadrac.
Had heard Mr.. Davis expressly declare against
resortng to any other than strictly legal in
efecting the release of persons arrested fugi-
tives Mr. Dana referred to his own declarations
to the same effect at meeting in Faneuil Hall,
shortly after the passage of the law.
Eizur Wright, of the editors of the Common.
areoth.-I was in the courtroom Saturday; j
came about halfpast one; had previously been at
the Adams House, attending a meeting of the pro-
prietors of the Commonwealth; met some reporters
coming out of the courtroom whom ! got to the
door. The officers refused to admit me. said
mitted l spoke to Mr. Davis, asking him what
the matter, and he told me about the arrest OF
the coorcd man at breakfast He told me some
thing about the papers not being satisfactory.
got into little difficulty with Mr.. Riley, by sup
posing him to be the counsel for the claimant Mr..
Davis then told me that Mr.. Riley the deputy
marshal. said to some of the people that there
were not many persons outside, and may have
said to MIR. Davis. When MIR. Davis went out,
was Just about where Mr. List il now sitting, in
front of the clerks desk
At this stage the court adjourned till Monday.
From the same.
Two soRH ARRESTS ON Account OF THE RESCUE
On Saturday forenoon Thomas Paul Smith, color
ed man, was arrested on warrant for aiding in
the rescue of Shadrack, brought before Commits
sioner Halctt pleaded not guilty, and held to bal
in $4,000 for his appearance on Friday next for
examination. Timothy Gilbert became his surety
He named Charles List as bis counsel.
In the afternoon. in his clothing shop in Cam
bridge street, Lewis Hayden, colored man. was
rested, brought before MIR. Hallett. pleaded no,
day next by James n Buffum, Of Lynn, in s . 900
Hayden is the fugitive who escaped from Kentucky