The republic., 1851-02-22

| coats buttoned up around their cheeks. passe'
toward Howard street. Heard that the man hat
| been borne away. Found great crowd outsid
the courthouse am magistrate. but did no
think what power Ihad az such At that time. Mr.
Hildrcth said Mr.. Davis certainly bad not moci
physical power for such emergency. The CON
missioner remarked he might have had moral pow
er, which IL often Of more consequence than physi
| cal power Mr.. Davis said, couldn't tell which
| way the moral power was
Cross xamined.-In the course Of the foreno Don
it occurred TO me that rescue was possible. did
not think that one would be attempted. volun-
teered to be the vigilant committee for securing
legal defence for persons arrested under the law
for scizing fugitive slaves. l think was ut Syra-
| cusc when the meeting was held at Faneuil Hall,
and a committee was appointed. don't know
that the committee was appointed, or that was
upon il. II was twenty minutes after the rescue
that went towards Ho yard street, having heard
that he had been taken in that direction. When l
left the court house went to my office. have
never bonsted Of aiding in the escape have only
said that the mob was going in when was coming
out have never taken any credit in relation to his
escape. Never had aconvcrsation with Mr. Wright
in which claimed any such credit.
don't disguise but that ! am very glad OF the
fact that the man is free.
The commissioner said-Are you glad that he Is
free by unlawful means?
Mr.. Davis and his counsel objected to the qucs
tion, but the commissioner said II was proper, as
going 10 the point of bias.
Here q long discussion ensued, whether MIR. Da
Wis should answer thequestion, Mr. Lunt contending
that MIR. Davis volunteered to introduce his feel
ngs in relation to the rescue.
Mr.. Davis defined his position. He was glad to
hear of the escape Of the man. But he was always
sorry to hear Of a breach Of the peace.
Dr. william J. Stone testified that ne knew Mr..
Wright TO have been in the habit Of reporting for
the Commonwealth ncwspaper: ana that ne bad re
Afternoon.--Thc commissioners having taken his
seat, MIR. Hildrcth rose to put in some authorities
TO the point, that an officer is not protected II he
v1nk er,tA .laA
in the warrant. But before reading them, he said
he felt aggricved by the course Of the commissioner
in the morning, by ordering him to take his
seat. when be said he thanked God il was the law
of the land that party might kill the marshal
If he arrested him, he not being the person
named in the warrant He believed he had said
no more than authorized by the cases to be
found in the books. He then read several cases of
killing of officers reduced to granddaughter on ac-
count of irregular proceedings by the officers, or
defects in their warrants He then put in the case
of Roliman and Swnrtwout, arrested at New Or
leans by General Wilkinson IA accomplices Of
Aaron Burr, and sent by him to Washington, to-
gether with dspostion setting forth what General
Wilkinson judged to be their criminal acts. Two
ofthe judges Of the district court the de-
ants for trial, but the Supreme Court, on habeas
corpus held that the deposition could not be used
as evidence in a criminal case, and they were dis
charged
Mr. Sewall senior counsel, now proceeded with
the closing argument, that il was necessary to
show that the man escaped was the man claimed
by Cuphart As to the conduct OF DIR. Wright, or
any other man, In rejoicing at the escape Of Shad
rack II could not be used against him as tending to
show that he had aided in the escape. He had a
right TO express such feelings. Supposing MIR. Ri.
ley not to have misunderstood the defendant, and
that he did say he would have given money to the
prisoner TO buy pistols weapons for his defence
when arrested, no inference could be drawn from
such a remark that he was then concocting plan
for an escape. He in the court room rightfuliy
- h,,aiu n a
ted as such, and, after he had been ordered out,
was allowed by the other officers to remain, be-
cause he was reporter. X had been proved that
he was called out OF meeting OF the proprctors Of
the Commonwealth paper, that be might proceed to
the court rs reporter Of the paper None OF the
witnesses represent the defendant as having done
any act towards the rescue. On the contrary, they
represent him as passive during the dsorderly pro-
ccedings, viz, standing in the jury seats. Clark
was not certain, and could not be- that 1t was the
defendant who used the words a. como in,' and
Hutchins, who swore to such expressions, did not
pretend to fix them upon any individual. II there
fore depended entirely upon the testimony OF
Byrnes whether they could be charged upon Mr.
Wright, and he was instructed to say that i was
utterly and wholly false, and an absolute fabrica
ton, from beginning to end, on the part Of Ryrnes
In his account Of the movements of Mr.. Wright
and Mr. Davis, in making efforts to get out, Byrnes
was entirely contrsdicted oy messrs. Clark x nnd nm
Riley that MIR. Wright did not leave the court
room, bat, on the contrary, upon reaching the door
he borne back by the crowd, ana alter that
remained quiet
In reply, Mr.. Lunt, for the prosecution, said il
was not necessary to show any purpose formed by
Mr. Wright before he came into the court. room.
After nc camc in he was found asking the prisoner
where his dcfcnces were, and then Whispering to
him then he declared he would give, if he were to
give any thing, money to buy pistols or weapons
for the prsoncr and that he called upon the rescu-
ers to s.come in'' was proved by three witnesses,
and fourth heard the words uttered by some one
near the door. And the rescue followed instantly
upon that summons TO the crowd to enter. Mr..
Byrnes had been corroborated in every material
point, and contradictcd in no one in relation to
which he had undertaken to speak with any degree
of confidence.
The district attorney having concluded, the COM
missioner stated that he would announce his dec-
sion to- morrow at ten o'clock, and the court ad-
iourned to that hour.
Ma. DAvB's CAsK.-The case next in order was
that Of Charles G. Davis, esq. We have received
no intimaton Of the nature of the evidence on
which the prosecution is based. His defence will
be conducted by Richard II. Dana, jr. MIR. Dana
is not one of the counsel in MIR. Wright's case.
ANorHER ARREST ON ACCOUNT OF THE RESCUE
Yesterday forenoon colored man named James
Scott was arrested in his shop, in Ann street, on
warrant for participating in the rescue, and was
held for examination on Tuesday next. Three
coored men of property, named Pitts, Clark, and
Coburn, became bail in 900 for his appearance.
From the Boston Atlas.
The Rescue.
As we anticipated, when first heard of the
rescue of the fugitive slave Shadrack, reports OF