COMMONWEALTH OF MASSACHUSETTS.

_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:--

Report of the Proceedings at the Examination of Charles G. Davis, Esq., on the Charge of Aiding and Abetting in the Rescue of a Fugitive Slave: Held in Boston, in February, 1851. · 第 13 / 21 题