The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-04-16

received message from the marshal thai he WAS
IN ms Once called @ men, being at y O'Clock then
senung the wrt have you Thomas Simms in your Gus.
iody and will you show him TO be delivered from
duranee upon this writ, according to It's requirement"
His answer was in these words have the man in nv
custody, and ii you aeapt 10 take him shall nlerpose
such force (and much. and no more OF couse) will
enable me TO retain him then asked him ii the police
and other officers who stationed in and about the
court house, or not under his direction He
answered, " Under my direction entirely"
! Mr. Roblnson,-Did you have criminal process put
INTO your hands for the arrest of Smms
Mr. Cobnn-l did. On the 7th OF April, about III
o'clock a. M received message. left with my clerk
That s. f. tewall, esq, wished TO in the Law Ii
orary TO which place went Immediately, and met Mr.
| ). He wished TO know what had been done, and how
matters stood relative to the writ Of personal repeyn.
stated 10 hm, and told HIM that the marshal would not
give up the man unless compelled by Superior force.
Mr. Sewal did not advise that course; on the contrary
cllemen, any resort 70 forcble execution OF process
against the marshal He said he wished me to 20 to
his office very soon We started; and abou,
leaving the Law Library, gentleman wished to speak
me, and Mr. Sewall ;hen stated that criminal warrant
had been issued against Simms which he thought super
seeded the fugitive process held by the marshal re,
see him in hall hour Shortly after about l2 o'clock
on going TO my office, found note from Mr.. Sswall.
requesting TO go into the circuit and take
and leave the warrant he had spoken Of After very
few moments delay, went and there met Mr. Sewall
and MIR. Hildreth. who issued the warrant received
the warrant A few minutes conversation ensued; and
at ten minutes before O'Clock went 10 the marshal
(he being in court,) presented the warrant stated to
him that had criminal process agaias. Simms, and
mand OF my precep The marshal replied that il
was matter of Importance and difficulty, and he
wished to take legal advice, and would doaso at
once. He said, inform you that j. have criminal
warrant against him, on the comPaias OF Mr.. Butman
He subsequently told that acting the advice of his
counsel he refused to give him up and should resist his
being taken if necessary He did not give this positive
answer until the following morning, the Sh. He said
that was matter OF some difficulty and he could not
positive answer, he said, when told you he had the
warrant it was not in his pocket, but in his desk,
near at hand He said he holds now Said he would
give copy, which he subsequently, did, on the sth.
between and two o'clock, being the day of his final
answer again called on the marshal. and again de-
manded the delivery of Smms, and asked how and by
one the fugitive warrant the other the criminal warrant
by Commissioner Eallet, the complaint of A. O. But
man, for assault on him. while he (Butman) was en-
gagged in assisting in The execution of the United States
process issued by Commissioner Curtis. Did not say
what action had been had still have the process, and
have been constantly on the look out to serve it. should
opportunity | out late last night, in the
United States clrcuitcourt room to if there was the
least chance to serve IT, 8u
Mr.. Keyes.-Have you ever had occasion to arrest a
man under criminal process who was also held by an
other party under civil process
Mr.. Cobum-I presume that have; but | was never
called upon to serve such process under different urs-
Mr.. Keyes.-Shoud slave commit murder. and
you have warrant for his arrest, would you arrest
Mr.. Cobun.-I should let the marshal know the fact,
and take advice in the matter. .a1
At this point c. b. Goodrich, esq, made remark
TO Mr. Coburn which not distinctly heard Some
conversation ensued between him and Mr.. Senator
keyes, in which the senator said to Mr. Goodrich, al
need none of your advice" Mr. Goodrich Neither do
wish any of yours" Mr.. Eveeth here rose and stated
TO the committee that Mr. Goodrich appeared friend
OF his, give legal advice in necessay but
in giving in his evidence he had occasion to consult
hun.
Mr. Cobun-l have had several conversations with
the sheriff about the bond and how far it my right
and duty 10 proceed.
In the mernng, beside the above, Richard Hdreth.
esq and Hon John p Bgelow, mayor of the city, gave
in lher evidence In the afternoon the mayor completed
his testimony Marshal Tukey, Commissioner George
Il. Curtis, Rev T. w. Hggnson OF Newburyport, Mr.
II. A. Bancroft OF Groton, and Dr. w. +. Charming OF
Boston, examined. Marshal Tukey testified that he
acting under the orders OF the city government and
that all the police force of the city employed in and
around the courthouse to prevent the OF the slave
Smms, and in guarding said slave that the force would
be engaged TO aid the United States marshal when the
slave should leave the city He also stated that fifteen
hundred of good and respectable citizens there
in this nweah-merchants, bankers, presidents
of insurance companies, mechanics laborers and truck
men-had volunteered their assistance TO him, in il
wanted to aid in taking the slave beyond the lines
OF the city.
The committee again this morning at half-past
o'clock.