Daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1859-1865, 1860-04-05
.8g 0fle!gIr31ph,
Reported for the Daily Intelligeneer
Excitement In Boston.

BosTox, April 4.-F. u. SaOborn, was
arrested at Concord, by q. S. officers, last
night, under requiSition from the Senate
Committee. Judge Hoard, OF the SUI
IRENE Court has issurd writ Of haheas
corpus, aud the bearing ii now progress
sing in this city.
FsScoND DEsPATca.l E,-
Watson Freeman, jr., Deputy Q. S. Mar
sh all, and Silas Carlton, Deputy Sergeant
at-Arms. of the Senate, called at Sanborn's
residence Mt o'clock, last night. San
horn refused to accompany them when he
was hnndcuffed and taken to carriage nj
the door, during which he struggled vio-
lentlv and the members of his family cried
murder, IRE. &c. The excitement spread
and the town bells were rung, collecting II
large crowd.
Rufus Hosmer, citizen, died suddenly,
it is supposed from the excitement the AZ
fair occasioned.
Sanborn WAS forcibly taken from the
officers, by the crowd and taken out OF
their mower, until a writ of habeHs corpus
could be obtained. 1t is said that the
writ has been prepared for sometime, in
anticipation of the arrest. Deputy Sheriff
John B. Moore, served the writ Of habeas
corpus anu arrested Sanborn, which ended
the mission of the Z. s. Marshars posse
for the time being.
The following IS the writ of ha6eas cor
pus:
Commonwealth OF Massachusetts; TO the
Sheriff of our Counties, &c:
we command you that the body OF +. b.
Sanbcrn, of Concord, in the County of
MiddIcsex. by SiIas Carlton, imprisoned
and restrained of his liberty, as it is said ::
you take and have him before Justice of
the Peace of our Supreme Judicial Court,
II. Boston. in the County of Suffolk, i'm
mediately. What our said Justice shall
then and there consider concerning him in
his behalf, and summon this said Silas
Carlton then and there to appear before
our said Justice, to show the cause of the
taking and OBTAINING of the said Frank B..
Sunborn, and have you then and there this
writ, with the doings thereon. Dated,
April third, 1860. (Signedl
EBENEZER RoCKwooD HoAR,
Associate Judge Supreme Judicial Court.
The hearing is before the full Bench,
consisting of Shaw, Metcalf, Bigelow,
Worrick and Hoar.
The subject of the arrest of Samborn
was introduced before the Legislature in
the form of resolution to employ the
State Attorney for the defence. The reso-
luton was briefly debated and laid on the
table.
o'clock P. NAT the hearing of the
hnbcas corpus writ in the case OF Sanborn,
his counsel presented the following points
Ist. That the Sergeant-at-Arms OF the
Senate of the U. S. had no power out OF
the District of Columbia, which is e%ciu-
sively under the jurisdiction of Congress
I'd That the precept for arrest being di-
rectcd to the Sergeant-at-Armsh he alone
can serve it.
Sd. That the Sergeant-at-Arms cannot
deputize his powers to others out OF the
District of Columbia.
After hearing the argument of the coun-
I-scl Chief Justice Shaw briefly reviewed
the circumstances of the case and stated
that it presented no conflict of authority
between the Executive of the u. 5. and the
Executive officers of this Commonwealth
AS to the LIST point taken the Court was
not prepared to say that the Senate could
not have its precepts served outside of the
District of Columbia.
On the third point, that the Serseant-Ht
Arms could not depute his authority to
other persons, there was no doubt, and nj!
the Court were agreed that he had nc
such authority. a warrant of the Court
must be limited TO the person to whom ii
! is given by the Senate. The order OF the
Court was that Sanborn be discharged.
The rendition of the decision called
| forth demonstrations of applause, which
were speedily checked. Tho court room
was thronged. Sanborn left with his
friends for home.