New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-04-05
Arrest of Frank b. sanborn.

AffeS1 Oh r. r1nk bs SdnDOTms
Bosros, Wednesday, April 4, 1860.
+. b. Sanborn was arrested at Concord by United
States officers last night under requstion from the
Senate Committee. Judge Hoard of the Supreme
Court has issued writ Of habeas corpus, and the
hearing is now progressing in this city.
SECOND DISPATCH.
Watson Freeman, jr., Deputy U. s. Marshal, and
Slas Carleton Deputy Sergeapt-at Arms Of the United
States Senate csedat SanboIns residence at O'CLOCK
last night. Sanborn refused to accompany them, when
be was hsndcued and taken TO carriage at the door,
during which he struggled violently, and the members
of his family cried "Murder," Fire. etc. The excite
ment spread, and the town bells were rnng collect
ing large crowd.
Rufus Hosmer, a citizen, died suddenly, 1t is sup
posed from the excitement the affair occasioned him.
Sanborn was forcibly taken from the officers by the
crowd and kept out of their power until writ OF ha-
beas corpus could be obtained. II s said the writ has
been prepared for time in anticipation OF the ar
rest. Deputy Sheriff John B. Moore served the writ
of habeas corpus and arrested Sanborn, which ended
the mission of the United States Marshals posse for
the time being. Tie following is the writ Of ha-
beas corpus:
Commonwealth of Maaehu,es the Sheriff Of our Com
lies &C.: We you that the body of Frank B. Ssnbom
Of Concord in the County Of Mdde'ea ~ ss' Carleton n inn
sVs before justice Of our supfe2e Judicial Court Boston
in the County Of Suffolk immediately after the receipt Of TINS
writ what said Justice shall then and there
Carleton then and there appear said Justice show
born and have you then this writ the dongs thereon
Dated April 1890 ard signed 1y n lockwood h0'
John S. Reyes John A. Andrews, and Samuel r.
seweIl are counsel for Sanborn. and U. S. District
Attorney c. L. Woodbury. and Milton Andrew for the
United States
The hearing is before the full bench, consisting OF
Judges Shaw, Metcalf, Bigeow, Merrick, and Hoar.
The subject of the arrest of SanboIn introduced
before the Legislature, in the form Of resolutions, to
employ the State Attorney General for the defense.
The resolutions were briefly debated and laid on the
table.
p. MAJ the hearing Of the habeas corpus writ in
the Gaze of Sanbon, bis counsel presented the follow
ing points:
l. That the sergesnSt Arms Of the Senate of the United
States has has out Of the District OF Columbia which
is exclusively under the Jurisdiction CT Congress
That the presep for arrest being directed to the Sergeant
That the segeantstArms cannot deputize his power to
others out Of the District Of Columbia
After hearing the arguments of the counsel Chief
Justice Shaw briefly reviewed the circumstances OF the
case stating that it presented no conflict OF authority
between the Executive of the United States and the
Executive officers of this Commonwealth. AS to the
first point TAKEN the Cont not prepared to say
that the Senate could not have its precepts served out
side of the District Of Columbia. On the third point,
that the Sergeant-a Arms could not depue bis author
ty to another person, there was doubt and all the
Court were agreed that he had no such author
ty warrant of this sort must be limited to the
person to whom it lie given by the Senate The order
Of the Court was that Sanbon be discharged.
The rendition of the decision called forth demon
STATIONS of applause, which were speedily checked
The courtroom thronged.
Sanborn left with his friends for home.
The Massachusetts, Bouse of Representatives, oy
unanimous suspension of the rules, received the fol-
loving memorial, which was read;
1.-THE memorial Of T. B. sanbon Of Concord free white
citizen Of n co ON S ngb o youf memcfas
orby seized and handcped In h own house IN
warrant If any they had but dragged your emorast into the
and attempted to force him into carriage evidently os
Aforesaid being citizens Of Concord 50 s5 as your
their smss finally given by themselves time after the
events first related, being sss Carlton Coolidge Tsrson Free
"fuhermore your emoriaist would represent that writ
Of hsbeas corpus being served the said Carlton 6y deputy
wit beng gsed ~ no 1es1 Of the supreme
body your memorast his hsndca' bnt ysu re,
of sid Carlton and though the aforesaid writ Of
hAbea corpus called for the body OF your A
be geyous violation Of bis rights citizen OF this common
wealth andbereore he such relief nom your hoot
able body his safety and your 0Tn sFHy msg BosOn
After reading the above memorial, resolution TO
instruct the Attorney General of the State to act as
counsel for Mr. Sanborn, was taken from the table,
142 to 20 ana debated at length. The resolution was
passed at the third reading, and was then tabled. Inc
result in the Court being known TaTlton and other
officers engaged in Sanbons seizure were arrested On
waIsnts from the Police Justice Of Concord, and re-
leased on personal recognzance to appear there Oh
Friday for hearing. Mr.. Sanborn makes the follow
ing additional statement in regard to the arrests
at first offered no resistance but when the hand,
cuffs were put / refused to go, not having heau
any warrant. or any signatures, or peea toiu
the names of the officers the nature OF my chense
40 far as can recoeci. When they dragged me INTO
the or en- air without allowing me 10 put Oh my ooOts
oyercoat, OF hat called Murder y and resisted WIN
nv feet as well as could with four stout men houing
e. they ragged TO the carriage, which mao 9eeh
brought up by fifth or sixth cortederae, aIl az
tempted to put me in broke the side OF tue carrsge
with my feet and nv sister sezng one of the ruihans
they dropped my feet again. Again they trie a
10 put me in, but my sister whipped the horse, witch
started and fOied them again. They were suh sliug
cling with me and ber-tve men against man anu d
woI1an-when the neiehbOrs came running to my ald.
The rufans still attempted to kdnap me- but they soon
found they were overpoweTed. Then, and not until
then did they read, their warrant IN the street. oy tue
light of lantern, while stood, handcuiled ana hai
clothed in their hands. This must have been fifteen
minutes after my first seizure"