The republic., 1851-02-19


office, and that the negro was unknown to any one
of the marshal's deputies or assistants; that Mr..
Warren informed me that Mr.. Sawn had gone to
find the man, who by previous arrangement was to
point out the negro, and who had not shown him
self as agreed; thatI remained in the court giving
directions and making to secure the me-
gro when arrested, and awaiting the return OF Mr.
Sawin; that saw him after ten O'Clock, and he in
formed me that he had seen the parties in inter-
est, and that it had been arranged not to attempt
the arrest until III o'clock; that told him that
it should not be delayed one moment, and di-
rected him to notify the man who was to point
him out to come instantly; that he left for that
purpose. and at ten minutes before II returned and
said that the parties were about Iafts coffee house,
and that the men engaged were also In readiness
i'll that neighborhood; tbatI went Immediately with
Mr.. Warren, MIR. John II. Riley, and the deputies,
to the said coffee house, and there found all our
men, nine in number, stationed in and about the
place that there were several negroes in and about
the house, and inquired for the man who was to
point out the alleged fugitive, and was informed
that he had not arrived; that Mr.. Warren and my
self went Immediately into the dining hall at the
cofee-house, and, to avoid suspicion, ordered some
coffee, and were waited upon by negro who sub
proved to be the alleged fugitive; that,
not hearing any thing from our assistants, we took
coffee and rose to go out and learn why we had
not heard from them; that the negro went before us
to the bar with the money to pay for the cof
fee, and in the passage between the bar room and
hall, Mr.. Sawin and Mr.. Byrne came up and each
took the negro by an arm, and walked him out OF
the back passage eway through building between
the coffee. house and the square beside the court
house to the courtroom, as by me directed.
That Immediately. while he entering the
court house, went 10 the Office of the city marshall
in the city hail. in the same square with the court
house, and there saw Mr.. Francis Tukey, the city
marshal, told him what had been done, and stated
that as there would probably be great crowd, his
presence with the police would be needed to pre-
serve order, and keep the peace in and about the
court house, which is owned by the city, and in
which all the courts of the commonwealth for SUI.
folk county held. That Mr.. Tukey stated that
it should be attended to; that told him that l
should notify the mayor instantly, and proceeded
up stairs 10 the mayors office, where found Hon.
John p. Bigelow, mayor OF the city, and made the
same communication and request to him which !
had made to Mr.. Tukey. To which the mayor said,
.'Mr Riley, ! am sorry for It," then left the Of
fee, at which time it was just ii O'Clock.
That went Immediately to the court house and
found the negro in the United State courtroom
with the officers, and found all the doors closed,
and was admitted by the usual inside entrance;
that George t. Curtis, esq, the United States
Commissioner, was called and came, and the
claimants counsel were sent for that all the doors
were kept closed excepting the usual entrance,
which was guarded by officers that the commits.
sioner informed the fugitive. who was named
"Shadrack in the warrant, Of the character OF the
business, and asked him if he wanted counsel, to
which he said that he did and that his friends had
gone for counsel that while waiting for the coun
sci to come the room began to be filed with ne
groes and whites; that the counsel for the prisoner
appeared, and claimed delay, to give them oppor
tunity to consult with their client pending which
desired Mr.. Warren, the deputy marshal, to go
to the navy yard at Charlcstown, about two miles
distant, and ask Commodore Downes whether,
should delay adjournment take place. the
navy yard might be used place of detention,
the United States not being permitted by the law
of the State to its jails, and having none
of their own. That the examination proceeded,
and after the reading of certain documents pre-
| sented by the claimants attorney, and some dis
cussion, the commissioner decided to grant the de
| lay until Tuesday following, the 18th inst. Tha
the counsel for the prisoner asked of the commits
| sioner if he might not remain and hold consuta
| ton with their client, and examine with him the
papers presented, to which the commissioner
sented; that the courtroom ordered to be
clea rcd, and was cleared of all some fifteen
officers, being all the reliable men whom we had
been able to collect, the COUNSEL and some newspa-
per reporters; that Mr.. Warren at this time
which was about half past IL o'clock, returned
from the navy yard, and informed me that he had
seen Commodore Downes, who said he could no.
grant my request that despatched what officer,
could spare to ask such Of their friends to remair
would assist, and to procure all the possible ad
ditional force. intending TO use the courthouse a
place of detention ; that Mr.. Curtis left tina
crowds of negroes and others began to gather abou
the courthouse and in the passage ways leading t
| the court house; that went to one Of the mcssen
gers who had charge of the building, and desiret
him to have all the court house doors closed a
soon possible which were not necessary for use.
That, at or before one O'Clock. Mr.. Ebcneze
Noyes, the messenger of the United States court
was despatched to the city marshal, whom be in
| formed that the United States marshal wantet
every man he could send to keep the peace in an,
about the court house, to which the city marsha
replied that he had no men in but would send then
over as they come in. That at about two o'clocl
all the counsel had left, except Mr.. Charles G
Davis and reporter, who, learned, was Elizul
Wright, one Of the editors of the Commonwealth
newspaper; that, as the door was opened for then
to leave, which opened outwardly, the negroe.
without, who had filled the passage-way on the out
sde took hold of the edges of the door it opened
and then struggle ensued bstwccn the holders o.
the door within and those without. That Mr.. War
ren, the deputy, Immediately ran to the city mar
shals office, and, not finding the city marshal in
| went to the mayors office, and was informed thai
he had gone to dinner. That he then stated &c
those in his office that there mob in and abou
the courthouse, and called upon them to send mer
to help disperse il. That he then returned to the
city rsha Office found him in his private room
informed him of tho trouble in the court house, and
| asked him to send all the men he could furnish
and whether he (Mr Warren) could aid him in
getting his men, to which he said that MIR. Warren
could not assist him in the matter.
That, meanwhile, the struggle at the door con-
tinued for some minutes, and the crowd OF negroes
finally succeeded in forcing the door wide open
rushed in in great numbers, overpowered all the
officers, surrounded the negro, and he was forced
by them through the door, down the stairs, and ou
of the eide door of tho court house, and thence
through the streets to the section where mos Of the
! negroes of the city reside that officers we're de-
spatched in pursuit. but have not succeeded in find
ing his present abode.
That from the time of the first notice to the may
or and city marshal, Immediately after the arrest
heretofore stated the giving of this deposition
neither the mayor nor the city marshal has ap-
peared, nor has single officer under their direc
ton appeared, or aided in attempting to dispcrse
the mob or in keeping the peace; and that, in my
opinion was the OF both mo-
10 do their duty in keeping the peace in and about
their court house, for the city marshal, when
requested by Henry s. Hallett, esq., TO disperse
similar mob, which had collected about the office o
his father, a United States Commissioner, during
the excitement in the "Crafts" case said that ht
had orders not to meddle in the matter, as am in
formed by the said Hallctt, and that the city mar
shal gave a similar answer to Watson Freeman
ESQ.,, who asked him at about the same time wh y
he did not disperse the mob, as ! am informed by
the said Freeman.
That Charles Devens, jr., esq, the United States
marshal for the district, at the time of the arrest
was returning from Washington, where he had