The republic. [volume] (Washington [D.C.]) 1849-1853, 1851-02-24

WILL BE PUBLISHED EVERY THURSDAY.
this invitation came from the defendant. and one
| other witness heard the words sscome in" or Sin,
in" This exclamation could not have come from
any person outside Of the door, and all the circum
stances surrounding the defendant in the testi-
mony, tend to fix it upon him.
Mr.. p. Riley the defendant standing in the
jury seats, doing nothing, but the precise time is
loft uncertain because lac states that his attention
occupied by the prisoner, and, when he left the
prisoner and rushed TO the door, he was pressed
between the baize door and the judges bench, and
he there pointed to the prisoner, to deter hun,
though he had no weapon, and told him he would
shoot him if he stirred. This ia not inconsistent
fendant was forced back came back into the
room simultaneously with the rush Of the mob,
which followed accompanied the call to come in.
The testimony of Mr.. Davis, for the defence,
does not necessarily conflict with this current of the
Governments testimony. He snys when he went
out he did not sec The defendant at ALI that, he
slipped OUT he saw black fingers on the door, and
then the door was closed Immediately after he
saw the fingers the door, and he made out to get
down to the landing But il there is a conflict of
testimony here, it is OF that nature that it is the
trate to settle.
If the call to come in was made by the defendant,
1t could have been only for the purpose of inviting
and aiding in a rescue, because at that time the
defendant knew that the marshal had dirednd all
but the officers to retire, with the view of keeping
the prisoner in close custody, and none but the Of
uCer6, the prisoner, and the defendant were there
the mob broke in.
Such act followed as il was by the rescuc of
the prisoner, and the conduct Of the defendant be-
fore and at the time, would seem plainly to come
within the provisions of the statute, constituting,
directly or indirectly, the offence charged The
defendant has failed to explain the evidence against
him here; earnestly hope he may be able to do so
elsewhere
The cfendant is ordered to recognise in the cum
Of three thousand dollars, with surety for his ap
pearance at the district court of the United States
next to be holden in Boston, the third Tuesday of
March next.
Mr.. Sewal moved for reduction of the bail to
= 900 or s. 500.
The Commissioner remarked that if the prisoner
was not able to give bail in the of S 5000, he
would be glad to entertain the motion.
Mr.. Sewall said that he had no doubt that he
could give So 900; but if 1000 was sufficient TO
he thought $1,000 or S. 800 sufficient to hold Mr..
Wright.
Mr. Hallettsa he was not at all disposed to have
the bail excessive in this NATTER and therefore, in
consideration Of the representation OF the council,
he should fix the bail at S Z, 900.
Mr.. Sewall then became surety for Mr. Wright,
and he was released from custody.
From the same
ExAMIsArioN CHARLEs G. DAVIS, ESQ.,, ron
AIDING IN THE ESCAPE OF TUE FUGITIVE SHApnAcK.
The examination Of Mr. Davis commenced before
MIR. Commissioner Hallett yesterday forenoon i'm.
mediately after the conclusion of the of Mr..
Wright. Much of the testimony ia precisely. or
very nearly the same in the case just finished.
The following is brief report of such matters as
did not fully appear in the examination of Mr..
Wright.
Mr.. Davis, assisted by II. II. Dana, jr., esq, con.
ducts his own defence.
Patrick Riley, deputy marshal, called and sworn
Was present on Saturday, and had an alleged fu-
gitivc in custody; colofed man. saw him re-
move his coat and also his neck-cloth. Knew that
he had no weapons, and was anxious that
should be given to him. Shadrack told Mr..
Davis was ono of his counsel. MIR. Davis was pre-
sent about the commencement of the proceedings,
and do not remember of his leaving the court
room until the rush, unless it might have been
when stepped out into the entry, after the ad-
tournament, and before MIR. Wright came in, for the
purpose of requesting the messenger of the build
ing, Mr.. Merrill. to close such Of the doors Of tho
building as were not necessary to have remain open
| did not see Mr.. Davis after he passed the inner
door; AZ that time was by the prisoner; heard
Mr.. Davis say nothing offensive.
Cross-examned by MIR. Davis. ! believe you
was sitting at the table examining the documents
Immediately after the order was given TO leave the
room. When went out to SEQ Mr.. Merrill went
to the end of the passage, next to the supreme
court room. where met Mr.. Merrill; and upon
my return into this room l did not observe you in
the room.
MIR. List was making some inquiry about Mr..
Danas wishing copy Of the warrant. He said he
was going to Mr. Danas office, and he would take
it. had copy of the warrant in my hand, which
handed to Mr.. List, and suppose he took it 10
Mr. Dana.
To Mr. Dana-I don't remember of your telling
me that you wanted copy of the warrant for the
reason that you intended to take out hd6eds corpus
To Mr. Davs-Either Mr.. Davis or Mr.. Sewall
requested II some friend might remain with Shad-
rack. do not undertake to say Mr.. Davis made
that request, but il ono of the two. The
friend was colorcd man. do not kno,c that
the person arrested on my warrant Shadrack;
but the person arrested that warrant is the
that has escaped, and ia the ono named in my re-
turn.
Here some discussion was had in regard to whe-
ther the person arrested was the one named in the
warrant, and the commissioner decided that the
question might stand for argument hereafter
To MIR. Dana-At the time MIR. Davis was going
towards the door, had no apprehension that there
would be any attempt at rescue; do not remember
OF seeing Mr.. Davis outside the bar that morning.;
do not remember Of seeing him converse with any
one but counsel; feared there might be trouble
but had not any idea that at that time there would
bs any attempt at rescue.
To MIR. Lunt-I was in the room oil the tinc cx-
cepting when went to tho end Of the passage to
MIR. Merrill. Iwas not absent more than minute
and half. MIR. Davis certainly could have been
absent several times, during the two hours was in
the room, without my knowing it. At the time
went out into the passage way gentleman, DR..
Charming, chemist, not the old gentleman, who
was standing on the stairs, said to me, " You tpM
hare TO anstcc to sour God for this" Quite a num-
bcr of negroes were about at the time.
Charles Sawin called and sworn.--Saw Mr.. Davis
in this room Saturday; when he came NIr. Davis
proceeded (bcfore the adjournmcnt) TO a table Mr..
Clark was sitting at the right Of the prisoner; Da
Wis asked me if he (Clark) was a southern man;
repned no, fhat DC was n citizen. then asked him
what in the Wind? He said it was n dirty piece
of business. Afterwards both Of changed our
positions; this was after the adjournment. Davis
then said-"You all ought to have your throats
cut" This was after the ordor had been given to
clear the room. made no reply, thinking it was
altogether an improper and uncalled for remark; |
missed MIR. Davis and MIR. Wright AZ the Same
time.
After a tall man (whom did not know had
whispered to the prisoner, and while Commissioner
Curtis was on the bench, the prisoner jumped up,
pulled of his coat, and looked quite savage as
thought. When Davis left the room was near the
prisoner; after he left the room, heard some one
say, take him out, boys" and repeat it,.
To MIR. Davs--When this cry was made you
might have been just outside the door, or you
mi al heep hal 4. douyp sf,