The southern press. [volume] (Washington [D.C.]) 1850-1852, 1851-04-18

4 the charge vns for the purpose OF arrestlng nam
Is slave; he had determined to defend hiuaeef
l having no other weapons but knife, he at
!, tackled the S(jcer with the determination Of Kill
) ling him 2ke knife WAS broken in the struggle.
This was HE substance Of the testimony upon
, which the complaint was made. subsequently
to the issue of this warrant, issued a warrant
against Cephas ]. Amcs mate Of the ship in
which Simms came, for an assault. This warrant
was served by constable Leighton, who brought
his prisoner before Justice Merrill of the police
court. The complainant went for counsel, and
during his absense the justice refused to take
cognzance Of the warrant, on the ground that
the complaint was not filed in the court pro-
cured the complaint to be filed, and that is the
reason why have it not with me. had seve-
raj conferences with the sheriff and with Mr.. Co
burn, and said to the latter that if the United
States marshal had criminal process against
Simms, and was executing it in bona fdS man.
ner, it would hold him but that il twas trick
to shield him from a criminal process OF Massa-
chusetts, it would not hold.
said to him that it would not allow him to
hold him more than a reasonable time, either for
examination or acquittal. advised him that the
civil process was no bar from carrying him i'm
mediately before commissioner for examine
ton; but, on the contrary, he should carry him
the sooner, lest the man should be carried away
from the State by the civil process, told him
how to proceed. Yesterday afternoon went
to the sheriff. and advised him to petition Judge
Woodbury. for mandlmus to take the prisoner
before the commissioner on the criminal charge.
| told him that unless he did so, he would not
fulfil his duty.
The law of l843, for the protection of per-
s0nal liberty, has been violated in several in
stances to my knowledge, and in the court held
by Commissioner Hallet; Constables Jones,
Sawin, and other officers, testified that they had
been employed by the marshal to detain Shad-
rach, a fugitive went before the grand jury
and made complaint to that effect; one of the
jury said to Mr.. Dana that they had no doubt
that the law of l843 was violated, but they did
not find any bills against the officers Mr. Neal,
"A constable, also testified that he had been en-
ployed by the marshal; watchmen were en-
ployed in the same case and watchmen are con-
stables in everything but the power to serve
wrts.
Mr.. Griswold, a member Of the committee,
came in about this time, all of the others having
been present from the opening.]
John p. Bigelow, sworn-l am Mayor of
Boston; | did not give orders for the police
officers to put chsins around the Courthouse
| gave orders to the marshal to adopt all meas
ures necessary to preserve the public peace leav-
| ing the details to him | gave no orders to the
commander Of the Light Infantry to have por-
ton of his troops in readiness to sustain the
law; have on occasions before, particularly at
the time of the murder of DR.. Parkman; do
not know that the commander-in.chi of the
militia was then in the city, the exigencies in
which to call out the militia, is a reasonable ar
prehenson that difficulties might arise from DIS
orderly individuals thought there was such
danger at this time the evidence consisted in
the fact that an individual had been forcibly res
cued from the officers of the law, and that it
might occur again; this, in connection with the
fact that inf1ammatory appeals had been made to
persons to arm themselves against the law
think did not give my instructions to the mar
shal in writing the commander Of the regiment
is Charles l.. Hobrook, of this city the requi-
stion was written, and ] read the precept to
him have the precept at my office, and will
, eadeavor to furnish copy; the military was
called out week ago to-day the first night,
two companies were out, and since then, one
company has been on duty daily, day and night ;
one of the companies was from Roxbury; if
there is any charge, presume it will be at the
expense of the city no bills have been pre-
scented yet.
do not know they will be at the expense Of
! the city, but presume they will be; the city
{ rarely has the advantage of getting aid from
other sources The marshal had instructions to
adopt measures for the security of the public
peace. do not know that police officers were
under the control of the United States marshal
at the time of the arrest of Shadrach. do not
know that complaints have been made that such
officers were under the control of the marshal.
Constables are not under the control of the city.
do not know that watchmen were under the
control Of the United States marshal. The
oh tIo trn1 IF h.a ~, h,
night, and employ themselves as they choose by
day. Watchmen are technically constabes for
some duties. | am not aware that any expenses
were contracted with reference to city officers in
the of Shadrach. None has come under
my official cognzance. The city will undoubt-
eddy pay the expense of watchmen during the
present case do not know that the United
States marshal has made any arrangement with
officers of the city.
If the u. s. marshal should make arrange
ments to employ watchmen or police, contrary
to laws of the State, would you not take notice
Of il?
7 decline answering.
Q. Did your instructions to Marshal Turkey
authorize the placing of chains round the Court
house.
A. Undoubtedly the authority was included
in theml do not know, but believe the Court
house belongs to the city. The city leases to
the United States certain apartments to be used
as a court room, and an adjoining room; do
not know how many rooms; have never seen
D Simms this part of the Courthouse was leased
: to the United States, suppose, for the purpose
of holding courts, and for any other purpose ne
cessary in relation to the same, it is not likely
there were any restrictions in the lease ! never
gave the marshal any advice or instruction in re-
laion to resisting civil process issued by the
State | instructed the marshal, whenever Simms
should be taken away, to render such assistance
as might be necessary to preserve the peace; |
have given no instructions to the military in re-
laton to assistance on such an occasion; they
remain in Faneu Hall subject to orders.
} O. Do you know what is to be done in rela
, ton to the military, when Simms is to be taken
away
| A. NUT take the responsibility of declining