The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-05-29

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appeal from it, And yet the counsel would say he
is in hurry and go on to try this case forthwith.
The prisoner s delivered to no court on earth; mere
you decide whether he shall be delivered to the mas
ter with authority to take him to Virginia; but he
may be taken anywhere; and he knows now that he
is to be sold at the first block for the New Orleans
market, with his manned hand and SCARED face, to
be sent to perish in the cotton fields OF Louisiana or
Arkansas.
If the claimant did So your honor can do nothing,
for the certificate will give the man de facfo to his
master, and he may do as he peases with him. Thus
all things tend to show your honor that time should
We want time to look at this record; we have a
copy but the counsel not willing to let me have
the original in my hands longer than few moments.
The counsel says there is no defence: Does ne
base his assertion on the Almost unconscious adns
sion of the prisoner, the other day, or what might
be construed into an admission that the claimant
was his master? Does he not? did not think the
lawyer was to be found who would attempt to twist
fugitive into an admission Of his being slave.
Truly, the average Of human nature has fallen.
In action for note of hand for So, fourteen days
delay Is granted; and may not one day be here
Mr.. Parker said that there was fear of the pri-
soner being sold at the first block, there was an
assent on the part of the claimant to sell the man to
parties here.
Mr.. Dana-If that is true let us have delay till it
is settled. Is 1t true or is it not Z
Nv. Commissioner Loring expressed his conviction
that the delay before had not been abused by the
prisoner the man had (Mr. L. said in ehect) moved
as quickly as it was possible under the circum-
stances. He had made up his mind to have de-
fence, he had selected counsel, and all were here
and now the counsel 30 recently appointed, had on
their own behalf, asked for time as lawyers to pre-
pare defence, request by no means unreasonable.
As for the excitement without, the Court can take
no cognizance Of that. continuance is therefore
granted till Monday morning at IL o'clock.
The body Of Mr.. Batchelder has been conveyed to
Charestown. The inquest will not take place until
Monday afternoon next
The Columbian Artillery have been relieved from
service. A detachment Of the Boston Light Ora
goons have been ordered to hold themsevesin readi-
ness at their armory.
The square continues to be the centre of large
crowd Of people, but there is no sign Of any more
violence. Inside of the Court House, beside the
United States troops, large posse of special Off
GERS are in attendance, lining all the alley ways.
The fugitive is in the upper story, guarded on all
sides, and will remain SO until Monday next.
THE RIOTERS ARRESTED COMMITTED ON A CHARGE OF
MURDER.
Nine persons who were arrested last night, were
brought up in the Police Court this morning to an
swer to charge made by Luther A. Ham, Deputy
Chief of Police, that on the night of the 26th Of
May they assaulted James Batchelder with fire arms,
wounding him so that he died, and that they did
therefore commit the crime of murder.
The names Of the accused are A. J. Brown, John
]. Roberts, (cOlored,) Walter Phoenix, lcolored,)
John Westerly, (coored,) Walter Bishop, Icolored,)
Stowell, and John Thompson. Some of them are
quite young, others DID, one being gray headed.
Mr.. Ham, for the prosecution, said that the gov
eminent would not probably be ready before the
middle Of next week to proceed to the examination
Of the case. There quite number Of witnesses,
some twenty-One in number.
Mr.. G. G. Davis, for the defence, inquired if some
of the prisoners were not arrested before the deadly
assault upon Mr.. Batchelder took place?
The Court said that even if it was 80 it might ap
pear upon examination that they were accessories
before the fact.
Mr.. Davis said that there was one of the prisoners
who was merely charged with putting out q gas
lamp, long before the fatal attack occurred.
Mr.. Ham said that he expected to prove that
there was concert Of action among the prisoners
from the time that the light was put out until the
death of Mr. Batchelder.
Mr.. Ham also said, in reply to q statement by
counsel for defence, that the complaint was made
for an unbaable offence at very late hour on Sat
urday; that he had used his utmost diligence in get
ting the matter before the court, having to obtain
the advice OF legal gentlemen how to proceed The
Court endorsed this statement.
l. He also said that he would endeavor to be ready
by Tuesday next at IL A. NJ, but if not ready then,
he should ask for further postponement. This was
rather reluctantly acceded to by the counsel for the
defendants, and the prisoners committed, with
out bail, until that time.
Mr.. Batchelder, who was killed resided on Front
street, Charlestown. His wife knew nothing Of his
death until this morning, when the announcement
was made to her by q lady who saw an account Of
IN e the famed
and was taken into the house. He leaves no children.
From the Boston NALL
Stimulated by the brute instinct Of force and urged
by an earthly sort Of sympathy fanaticism seems
solved to make Boston the theatre Gifts violence and
disorder. Another concerted and premeditated at
tempt has been made to resist the laws and bring
disgrace upon our people. Infammatory appeals,
by reckless men, have succeeded in arousing the
worst and lowest passions, and kndling in the heat
thy for the negro may not be false on, among all
desperate partsans yet is to say the least of it,
rather disreputsbly manifested when it goes down
and reves with the negro, instead Of STOPPING to
elevate him as nearly as practicable to condition
above the repellant attributes of the truth.
After all the boasting and braggadocia of our
age, we should be ashamed to see force con-
stitute the measure Of manhood; and as long
as we profess to live under an organized gov
eminent, the supremacy Of the laws and the sancti
ty Of the constitution should inspire every good CT
tzen to rebuke any outrage that fanaticsm may at
tempt to perpetrate upon recognized authority. i
repeal or alter them, peacefully; but while they ex
list on the statute books of the nation let abide
and maintain them. If mems sympathies will seek
darkness rather than ght-f they prefer violence to
peace, let them take the consequences. He who, in
the name Of philanthropy, will unscrupulously ap.
proprate other peoples property in one shape would
hardly hesitate to steal it in another.
The scene presented at the Court House last night
was humiliating in the extreme to order-loving
law-abiding people. The air rung with the loud and
vociferous cries of the Infatuated mob, who, armed
with batterng and axes forced entrance into
the Court House Decorating the temple ofustice, un
der the fanatcal delusion that the fugitive
cealed there, and they determined to rescue him
| Those who were within the building at this time re
sorted to the use Of firearms, and the report Of q
number Of pistols was heard.
One man was killed. Mr.. James Batchelder O
man about thirty five years old, in the inside Of
the Court House, and when the sounds Of parties
forcing the door were heard, came down to the
lower passage-way and approached the door, togeth
with others, in order to prevent the mob from
teriDg the building. Batchelder reached the door al
the moment it was burst open, and before he had
spoken word, or had time to act, pistol was dis
charged by some one on the stone steps the west
ery side Of the building the contents taking effect
in his abdomen, severing the main artery Mr.
Batcheder exclaimed, ] am stabbed and fell bach
into the al ms Of companion, an ex-watchman, who
by the eid OF others, conveyed him to the Court
room, where he died almost instantly, and without
/ uteripg any other expression. The body was con