Weekly national intelligencer., 1851-04-12
THE NEW FUGITIVE SLAVE CASE AT BOSTON.

THE NEW FUGITIVE SLAVE CASE AT BOSTON.
The Boston papers furnish the particulars OF the
arrest in that city, on Thursday, Sd instant Of the
fugitive slave Thomas Sims, which was briefly
mentioned in Teegraphic despatch published in
our paper of Saturday.
II appears that the arrest was effected with little
difficulty. The slave himself made some resist
ance during which Of the officers received slight wound
in the thigh from sharp instrument but the wound SO
far from being one, is such that the officer was not
until hour afterwards that be had received any in
jury whatever The prisoner forthwith conveyed in
carriage the courthouse where he retained through
the night under the immediate charge of u g. Marshal
DEvEss and his assistants.
Every thing connected with the arrest conducted with
much promptness and without creating any undue excite
ment In order be prepared for any emergency that might
arise, strong posse of officers close at hand ready for
action at moments wanng but their services were not
directly required excepting in single instance
SAMUEL E. SEwALL, Esq, the wellknown abolitionst
bearing that fugitive had been arrested, and then about
oclock) in the courthouse, repaired thhe and meeting
Deputy Marshal RILEY the steps, demanded admission to
the building, saying that he counsel for the fugitive
Mr. Riley refused him admission whereupon he became
greatly excited, and using violent language conducted
the wschhouse Here he appeared quite frantic, aveng
that the fugitive be tried and that he Sewa
bis counsel The officer of the night cooy replied that he
rather thought the fugitive would not be tried at that hour of
the night and that he Sewa) would have plenty of time in
the morning to defend his CLIENT whom he did not then
know, and probably had The gentleman
tualy became calm, and after short detention
leased with caution to leave Court Square and repair i'm
medately to his home.
i a3.
Early Friday morning chains placed at the QUITE,
edge of the sidewalk around the courthouse and strong
posse police and watchmen in attendance to keep h
walk clear and prevent persons having business in thu
building from enterng well preserve the public peace
Some unusual excitement prevailed about the building but
only few coored people among those whose
osy induced them stop the Square and gaze upon the
officers on duty, and listen to the general gossip.
! Between and 10 o'clock, GEoRaE t. CUR7fs, Esq,
United States Commissioner appeared in the United States
Court Room, when SETH ]. THoMAs Esq, who appeared
counsel for the claimant stated that JoHS B. BAcos
present the agent Of JAMES POTTER Of Chatham county,
(Ga) and sought the restoration Of Thomas Sims, fu
gve from the service Of Mr.. POTTER. He then read the
warrant upon which the prisoner arrested.
i j. LoRIsG, ROBERT RAsToUL, Jr., and SAMUEL E.
SEwALL, Esqs appeared counsel for the prisoner
i Mr. sEwALL asked for delay, and alleged reason
therefor that he expected to prove that the prisoner free
sachusetts.
Mr. RAsroul wished for delay, and was of the same
opinion as his associate.
Il The COMMISSIONERS decided that the claimants should
proceed TO put in their evidence.
Mr.. THOMAS then read several legal documents, duly
thencate from the State Of Georgia, relative to the
and then introduced witnesses prove the identity Of Sims,
well that he the slave Of the person claiming him
He escaped from Savannah about the 22d Of February and
arrived in Boston the 7th March.
Mr.. THOMAS having rested his case
Mr.. SEwALL asked for q delay until Tuesday, in orde,
to examine questions of law which might arise.
Mr. RAsroUL wished for delay for the purpose of examin
ing the mode of Authorization of the papers put into the
case. The under which this brought new
and required much examination in every particular, there
many novel questions which would naturally arise.
The COMMISSIONER said that it seemed to him that de
lay Of twenyfour hours would be abundant time for ths
for the defence ascertain what the precise ground
. Of defence
Mr. LoRIse felt that great responsibility rested upol
him. and he wished ample time examine all matters
law and all grounds Of defence. The Of kind
which he had experience and he wholly unprepaI
ed for the defence, he hoped delay until Tuesday woul
! be granted.
The observed that he did not say he shoul
call upon the counsel argue their defence in twentyfor
hours but he should postpone any further hearing in tn
until 10 o'clock Saturday morning and the court WI
then adjourned for the day.
During the progress Of the proceedings the courthouse
from three hundred persons assembled in the vcnit
Of the square, but manifestation of disposition to Great
disturbance occurred lhe was mucn crowd
and the gallery kept closed large police force
attendance in the court house well upon the outside
and the greatest possible order and decoum maintained
In the Supreme Judicial Court of the State, be
Chief Justice SHAW and Justices FLETCHER
and BIGELow, Mr.. 8. E. SEwALL presented petition pray
ing the court to issue writ of habeas corpus in behalf
Sims ...s
Mr.. SEwALL having read the petition, and stated th
grounds upon which the application made, the Judge
together for few moments and the Chief Justc
then announced the decision of the Court refusing the writ
the ground that appeared by the facts stated in the pet
ton that if the writ should be issued and the peione
should be brought before the Court would be the duty
the Court to remand him to the custody from which he
taken and that the uniform practice Of the had been
such cases to refuse the application.
Mr. SEwALL then inquired if the Court would not befol
deciding refuse the writ, hear argument the
tutonal question.
The CHIEF JUSTICE replied that the Court had aIread
decided to refuse the writ after heaSng the counsel
as they supposed he desired to be heard.
In the House Of Representatives of the State
then in session. Mr. EARLE Of Worcester presented the
titon Of William A. White Francis Jackson Theodore Par
ker, Samuel g. Howe Robert Morris and twenty y-thee 9th
e for the Of the State House Yard for public meetin
the afternoon for the purpose of taking into consideration
the arrest Of citizen under the fugitive law, and to devils
proper and legal for the defence and protection
the citizens Of Massachusetts against such arrests On
ton by Mr. Earle that the prayer Of this petition be granted
it was laid on the table by vote of lat to 49,