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

II ~ V"at uiu Wo ooPuty say WA the roaS0i
for the marshal's not giving up 6immsi
A. understood him to cay that the marsha
said he had Simms NJ fugitive from service
and also that he had q process TO hold Smms a.
a criminal. D.
q. Is this the conversation which he gave u,
the result of the first attempt to serve the writ
A. 1t il.
q. What else did he say!
A. lie refused to give him up, and said he
should hold him with what power was at his
command
! @. BY force?
A. understand so.
O. Has there been more than one attempt to
serve this warrant!
A. | believe there has.
@. Did the deputy inform you which process
the marshal proposed to hold Smms on!
A do not recolect.
c. BY Mr. Keys-Did you consider the an
swer satisfactory; and if you knew there was
force enough in your hands to do it, why did
you not do it
A. While he held him under criminal war
rant thought it was enough to hold him. 1t
was on the ground Of the criminal warrant
alone / do not know which of the warrants
was the prior one
| BY Mr.. Wood-Have you received any advice
criminal process in the hands of the marshal is
given up!
A. The advice, think, is in the written opn-
ion should return the process to the court in
such case, to take advice on the subject; | am
here to answer any proper questions which may
be put to me. tN
BY Mr.. Keyes.-lf he was held under war
rant for debt should you consider your warrant
would override that.
A. should.
q. In this case do you consider the holding
him as q slave, as the property of another as
more important than holding him for debt?
A. should not wish to be required to answer
that--should prefer taking advice before serving
the process.
D. ]. Coburn, deputy sheriff, sworn.
Q. Are you the deputy sheriff Of Suffolk?
A. am.
@. Did you have writ of de homine re-
plegiando placed in your hands?
A. had a writ of personal replevin placed in
my hands on the 9th of April, by Charles G.
Davis, in behalf of Thomas Simms when he
came, late in the afternoon, was engaged, and
he went away to return shortly he called again
in short time, and gave me writ of personal
replevin against the marshal, and in behalf of
Thomas Smms; n conference of some little
the statutes; he asked me if would serve it.,
and see that the proper bonds were given;
told him would do SO ; would do it without
using force; he said he did not expect force to
| be used he did not expect that or wish it; he
wished only to have such proceedings as would
lay the foundation of future proceedings against
| the marshal; | told him would take the writ
and execute it in good faith but that | had little
expectation he would be given up; the writ was
| issued by the court of common pleas had sup
posed it to be by the chief Justice, but SUISSE
quently found it was not. have the writ, and
will furnish copy to the committee ; n CONVEX
sation ensued about the bonds he~asked me
how much bonds should require; told him I
should want to consider it; he said he wanted it
to be very high; he gave me the writ, and at 80
minutes to 5, l left conferred with gentlemen
about the amount, and decided upon $1,000.
went to Mr. Davis Office to tell him the amount
the next morning, the 5th-l mistake about the
first statement which was on the 4th-l went
to the Office of Mr.. Davis; the bond was exc
cuted in my office quarter before 10; Messrs
II. Gilbert, Wendell Phillips, and Francis Jack
son, being named as sureties went to the mar
shals office, and delivered the writ at 10 minutel
to 10 o'clock, and demanded the body to be de
vered to me the marshal said, if he was calleo
upon then to decide, he must give him up, but
he wished to take counsel, and in the course o
the morning he would decide at IL o'clock
called upon the marshal he said upon advice
Of counsel, he must refuse to give him up;
think he stated not then, but at the first inter
view, he wished to consult with Mr.. Curtis and
Mr.. Choate; think he said Mr.. C.. p. Curtis
t In the afternoon, Mr.. Davis, with Others called
t on me, and wished me TO make a further demand
upon the marshal at about 81 o'clock went
} to the marshal's Office, and asked him If he had
Thomas Simms in custody, and would show him
to me, to be delivered up in accordance with the
demand he said he had him, and if attempted
to take him he would oppose force-such force
: as would be necessary; asked him if the po
lice officers about the Court house were under
his control, or not he said, "under my control
entirely !" he meant all the force in and about
the Courthouse then left, and made no other
attempt to serve the writ | have made no re-
turn of the writ which is not returnable until
the July term of the court have made inqui.
ries of one police officer, who said he was dep.
uted to act under the United States marshal, and
he believed the others were also it was Mr.
, Jones to whom | spoke; he said, speaking of
the writ, if you want officers you will have to
go elsewhere for we are all acting under the
marshal !" that is all know of this writ
@. Did you have criminal process put into
your hands in relation to Smms
, A. On the It'll, at half-past ii o'clock, re-
ceived a notice to meet Mr.. Sewal in the law
: library; ! met him, when he inquired about The
writ of personal replevin; | stated the facts II
the case. when, after some conversation, h'
: wished me to 90 to his office as | was going
out gentleman stopped me--when he sale
something about serving criminal process al
halfpa IL, ! received note from Mr.. Sewal t.
meet him in the circuit court at -, soon after
| went into the court, and met Mr. Sewall anC
Mr. Richard Hildreth, who gave me warrant
] took the warrant and went to the marshar'
Office at ten minutes before ten o'clock stated
that had a criminal warrant, and demanded the
surrender of Simms he said that presented {
new question, upon which he wished to taki
counsel; but said he, ! will inform you have
a criminal warrant against Simms, upon the
: complaint Of Mr.. Butman; ! thought this was
, satisfactory, and left him ! afterwards called