_Suffolk County._
I, Patrick Riley, of Boston, in the said county, counsellor at law,
having been duly sworn, depose and say, that I am, and have been,
for fourteen years past, the principal deputy of the United States
Marshal for the District of Massachusetts.
That on Saturday morning, February 15th, 1851, about twenty minutes
before 8 o'clock, A.M., I was called upon at my residence, by
Frederick Warren, one of the U. S. deputy marshals, who informed me
that there was a negro man, an alleged fugitive, to be arrested at
8 o'clock, who was supposed to be at Taft's Cornhill Coffee House,
near the Court House, and desired to know where the negro should be
put in case he should be arrested before I reached the office; that
I told him to place him in the United States Court Room,--and that
I would come to the office immediately,--that I came down almost
immediately to the office, where I arrived shortly after 8 o'clock,
and there found Mr. Warren, who informed me that the negro was
unknown to Mr. Sawin, deputy marshal, to whom the warrant was
handed on the night previous, as I have been informed, though no
notice of it had been given to any occupant of the marshal's
office,--and that the negro was unknown to any one of the marshal's
deputies or assistants,--that Mr. Warren informed me that Mr.
Sawin had gone to find the man, who by previous arrangement was to
point out the negro, and who had not shown himself as agreed; that
I remained in the court giving directions, and making preparations
to secure the negro when arrested, and awaiting the return of Mr.
Sawin; that I saw him after ten o'clock, and he informed me that he
had seen the parties in interest, and that it had been arranged not
to attempt the arrest until 11 o'clock,--that I told him that it
should not be delayed one moment, and directed him to notify the
man who was to point him out to come instantly; that he left for
that purpose, and at ten minutes before 11 returned, and said that
the parties were about Taft's Coffee House, and that the men
engaged were also in readiness in that neighborhood; that I went
immediately with Mr. Warren, Mr. John H. Riley, and other deputies
to the said coffee-house, and there found all our men, nine in
number, stationed in and about the place,--that there were several
negroes in and about the house, and I inquired for the man who was
to point out the alleged fugitive, and was informed that he had not
arrived; that Mr. Warren and myself went immediately into the
dining hall at the coffee-house, and to avoid suspicion, ordered
some coffee, and were waited upon by a negro, who subsequently
proved to be the alleged fugitive; that, not hearing any thing from
our assistants, we took our coffee and rose to go out and learn why
we had not heard from them; that the negro went before us to the
bar-room, with the money to pay for the coffee, and in the passage
between the bar-room and hall, Mr. Sawin and Mr. Byrnes came up,
and each took the negro by an arm, and walked him out of the back
passage way through a building between the coffee-house and the
square beside the court house to the court-room as by me directed.
That I immediately, while he was entering the court house, went to
the office of the city marshal, in the city hall, in the same
square with the court house, and there saw Mr. Francis Tukey, the
city marshal, told him what had been done, and stated, that as
there would probably be a great crowd, his presence with the police
would be needed to preserve order, and keep the peace in and about
the court house, which is owned by the city, and in which all the
courts of the commonwealth for Suffolk county are held. That Mr.
Tukey stated that it should be attended to,--that I told him that I
should notify the mayor instantly, and proceeded up stairs to the
mayor's office, where I found Hon. John P. Bigelow, mayor of the
city, and made the same communication and request to him, which I
had made to Mr. Tukey. To which the mayor said,--"Mr. Riley, I am
sorry for it." That I then left the office, at which time it was
just half past 11 o'clock.
That I went immediately to the court-house, and found the negro in
the United States court room, with the officers, and found all the
doors closed, and was admitted by the usual inside entrance,--that
George T. Curtis, Esq., the United States commissioner, was called,
and came, and the claimant's counsel were sent for,--that all the
doors were kept closed excepting the usual entrance, which was kept
guarded by officers,--that the commissioner informed the fugitive,
who was named "Shadrach" in the warrant, of the character of the
business, and asked him if he wanted counsel,--to which he said
that he did, and that his friends had gone for counsel,--that while
waiting for the counsel to come, the room began to be filled with
negroes and whites,--that the counsel for the prisoner appeared,
and claimed a delay, to give them opportunity to consult with their
client, pending which I desired Mr. Warren, the deputy marshal, to
go to the navy yard at Charlestown, about two miles distant, and
ask Commodore Downes whether, should a delay or adjournment take
place, the navy yard might be used as a place of detention, the
United States not being permitted by the law of the state to use
the jails, and having none of their own. That the examination
proceeded, and after the reading of certain documents presented by
the claimant's attorney, and some discussion, the commissioner
decided to grant the delay until Tuesday following the 18th inst.
That the counsel for the prisoner asked of the commissioner if they
might not remain and hold consultation with their client, and
examine with him the papers presented, to which the commissioner
assented,--that the court room was ordered to be cleared, and was
cleared of all save some fifteen officers, being all the reliable
men whom we had been able to collect, the counsel, and some
newspaper reporters,--that Mr. Warren, at this time, which was
about half past 12, returned from the navy yard, and informed me
that he had seen Commodore Downes, who said he could not grant my
request,--that I despatched what officers I could spare to ask such
of their friends to remain as would assist, and to procure all the
additional force possible, intending to use the court house as a
place of detention. That Mr. Curtis, also left. That crowds of
negroes and others began to gather about the court room, and in the
passage ways leading to the court house,--that I went to one of the
messengers who had charge of the building, and desired him to have
all the court house doors closed as soon as possible, which were
not necessary for use.
That, at or before one o'clock, Mr. Ebenezer Noyes, the messenger
of the U. S. court, was despatched to the city marshal, whom he
informed that the U. S. marshal wanted every man that he could send
to keep the peace in and about the court house, to which the city
marshal replied, that he had no men in, but would send them over as
they came in. That at about two o'clock, all the counsel had left,
except Mr. Charles G. Davis, and a reporter, who I learned was
Elizur Wright, one of the editors of the Commonwealth newspaper;
that as the door was opened for them to leave, which opened
outwardly, the negroes without, who had filled the passage way on
the outside, took hold of the edges of the door as it opened, and
then a struggle ensued between the holders of the door within, and
those without. That Mr. Warren the deputy, immediately ran to the
city marshal's office, but not finding him in, went to the mayor's
office, and was informed, that the mayor had gone to dinner. That
he then stated to those in his office that there was a mob in and
about the court house, and called upon them to send men to help
disperse it. That he then returned to the city marshal's office,
found him in his private room, informed him of the trouble in the
court house, and asked him to send all the men he could furnish,
and whether he (Mr. Warren) could aid him in getting his men, to
which he said that Mr. Warren could not assist him in the matter.
That, meanwhile, the struggle at the door continued for some
minutes, and the crowd of negroes finally succeeded in forcing the
door wide open, rushed in in great numbers, overpowered all the
officers, surrounded the negro, and he was forced by them through
the door, down the stairs, and out of the side door of the court
house, and thence through the streets to the section where most of
the negroes of the city reside,--that officers were despatched in
pursuit, but have not succeeded in finding his present abode.
That from the time of the first notice to the mayor and city
marshal, immediately after the arrest, as heretofore stated, to the
giving of this deposition, neither the mayor nor the city marshal
has appeared, nor has a single officer under their direction
appeared, or aided in attempting to disperse the mob, or in keeping
the peace; and that, in my opinion, it was the predetermined
purpose of both not to do their duty in keeping the peace in and
about their court house; for the city marshal, when requested by
Henry S. Hallett, Esq., to disperse a similar mob, which had
collected about the office of his father, a U. S. commissioner,
during the excitement in the "Crafts" case, said that he had orders
not to meddle in the matter, as I am informed by the said Hallett,
and that the city marshal gave a similar answer to Watson Freeman,
Esq., who asked him at about the same time why he did not disperse
the mob, as I am informed by the said Freeman.
That Charles Devens, Jr., Esq., the U. S. marshal for this
district, was at the time of the arrest, returning from Washington,
where he had gone on imperative official business,--that it is
proper to state here that neither the marshal nor his deputy is
authorized by law to employ a permanent force sufficient to resist
a mob; and that he has no authority to call to his aid the troops
of the state or of the United States.
P. RILEY,
U. S. Deputy Marshal, Massachusetts District.
* * * * *
Commonwealth of Massachusetts, Suffolk County, February 17,
1851.--Then personally appeared the above named Patrick Riley, and
duly swore that the foregoing deposition by him subscribed is true,
as to facts stated to be in his personal knowledge,--and that he
believes that the statements therein given as made to him by others
are true.
HORATIO WOODMAN, Justice of the Peace.
* * * * *
After the reading of the above return, Samuel E. Sewall, Esq., protested
against placing the whole of the last named affidavit on file, as a part
of the return, inasmuch as it purported to narrate facts which took
place previous to the last hearing, and the order thereon.
The Commissioner inquired of Mr. Sewall, for whom he appeared. Answer,
"For the alleged fugitive, called Shadrach."
The Commissioner,--"You cannot appear for a person who has avoided
process."
Mr. Sewall. "The return in question shows, that he was forcibly removed.
He is claimed as property. There is no evidence before the Commissioner
that he has voluntarily avoided. So we are ready to proceed if the
Commissioner chooses."
The Commissioner. "You cannot address the Court, Sir. It is well
settled, that a person who avoids process, cannot appear by attorney.
The Marshal may make such a return as he sees fit. I cannot interfere.
But I will say that the return seems to me proper, and it may be filed."
Mr. Curtis declared the proceedings suspended, and ordered the Marshal
to proclaim the Court adjourned indefinitely.
* * * * *
On Monday the 17th of February, 1851, Charles G. Davis, Esq., of Boston,
an attorney, and counsellor at law, was arrested upon a warrant issued
by B. F. Hallett, Esq., a U. S. Commissioner, upon complaints made to
the District Attorney, a copy of which is subjoined. Mr. Davis gave bail
for his appearance.
* * * * *
Thursday morning, February 20, 1851. U. S. Circuit Court Room. Before B.
F. Hallett, U. S. Commissioner.
_United States, vs. Charles G. Davis._
George Lunt, Esq., District Attorney, appeared for the United States.
Richard H. Dana, Jr., and Charles G. Davis, Esquires., for the defence.
Mr. Lunt moved that the original complaint be amended by the addition of
another count. No objection was made, and the following complaint, as
amended, was then read:--