_Patrick Riley._ Am a Deputy U. S. Marshal--was before Mr. G. T. Curtis
on Saturday, Feb. 15th; had an alleged fugitive called Shadrach, a black
man, under arrest by warrant from Mr. Curtis--came to this room about
11-1/2 o'clock, A.M.; remained till about 2; about 2 o'clock I was
standing near Shadrach at end of reporter's table inside of bar--he was
consulting with his counsel; I was by the table when I heard a cry that
they were rushing in--the cry came from the officers. Mr. Elizur Wright
and Mr. Davis were the only strangers here, except Mr. Grimes, an
alleged colored preacher. I immediately rushed to the door--some
officers were between the green door and the outer door; I put my
shoulder to green door--just then it cracked, the perpendicular piece
was broken. I pushed as hard as I could with one of my feet against the
judges' desk; I was there some three minutes; some one or two officers
were outside pulling green door toward them. The crowd rushed in,
surrounded the prisoner and left. I should think thirty or forty came
into the room--Shadrach left with the crowd--there was noise and tumult
outside and inside--"tear him away," I heard, and such expressions;
cheers as he went out; before he went out I should think from two or
three hundred. I saw no alteration in conduct of Shadrach, before the
adjournment of court; saw him take his coat off and loosen his
neckcloth--was satisfied he had no weapon, and was anxious none should
be given to him. Mr. Davis was here as one of the counsel. I asked
Shadrach if he was one of his counsel, and he said, yes, he had four or
five counsel. I asked Mr. Sewall who were counsel, and some one said we
four; S. Sewall, E. G. Loring, C. G. Davis and Charles List, were the
counsel. Mr. King remained, stating something about his being counsel,
and also Mr. Wells, his partner. (I told Mr. Wells to leave and Mr. King
said he was his partner, and I let him remain.) Mr. Davis was here at
the opening of Court, and Shadrach told me he was his counsel; he
remained at the table in consultation, from adjournment to about the
time of the rescue; do not know when he went out; do not remember his
leaving the court-room, and I was here all the time, with this
exception; I passed out the door a moment to give directions--I spoke to
the messenger to close court house doors which he did not wish to use.
When I went out, counsel and officers and reporters were here; that was
before Mr. Wright came in. Four courts, C. C. Pleas, Supreme, Municipal
and Police had been in session that morning. About 2, directed Mr. Davis
and Mr. Wright to go out. I remained by prisoner with one or two
officers at door, and between me and the door; did not see Davis after
he passed the door; I saw him pass the inner door; Mr. Wright remained
in; I remained by the prisoner. When I rushed to the door, I do not
remember seeing Mr. Davis; I heard Mr. Davis say nothing offensive in
the court room. [The original warrant for the arrest of Shadrach is here
shown.] This is the warrant, order and return, etc., addressed to the
Marshal or either of his Deputies; I arrested the man mentioned in this
warrant, and the same man escaped.
_To the Commissioner._ I did not come into court room with Shadrach, but
I knew him as the man arrested. The second return, as to the escape,
refers to the same party, Shadrach.
_Cross examination by Mr. Davis._ I saw you examining papers produced
before the Commissioner; saw you at table when Mr. Sewall called your
name as counsel; you were standing; Mr. Sewall was talking to prisoner,
and called you--this was immediately after order was given to clear the
room.
_To the Commissioner._ Commissioner Curtis ordered prisoner be kept till
Tuesday morning safely; I carried it out in reference to prisoner.
_Cross examination resumed._ I walked to end of passage to speak to Mr.
Merrill; did not communicate to you a crowd was at the door. It is usual
on exciting occasions to have officers outside when the door is open;
sometimes have an officer outside. In other courts it is very common to
have officers outside; there are fewer trials with us, and the room is
hired by United States; we have no right to obstruct the entry. [Mr.
Dexter was in room between adjournment and rescue.] Don't know but I
stated yesterday there were officers outside; perhaps that Stratton was
outside helping against the negroes. My printed return was made up of
what I supposed to be the truth. I meant in that to say I heard a cry,
and supposed there was no interpretation, except that the negroes broke
the door open--saw the officers--communicated with them afterward, and
published the affidavit as a general and true account of all that was
material. Immediately after the rescue I ordered officers to go to see
where the man was; I remained. I confess I was under great excitement; I
had no conversation with Byrnes, Sawin or Clark, before the affidavit
was prepared and sworn to. I was enquired of where the prisoner would be
kept--I did not tell, but said if consultation was wanted we could have
it in lobby. You told me, and Mr. List told me you were waiting for Mr.
Dana. I told List that Mr. Dana asked me for a copy of the warrant
before two o'clock--this was some few minutes before the rescue. Mr.
List had just left with my copy of warrant, and had not returned at the
time of the rescue,--did not know the use to be made of it. My
impression is, that Mr. Sewall, yourself and Mr. Wright, were moving out
together, but that Mr. Sewall got out before you did. There were three
persons to leave, and I think you were all gradually moving to the
door--I had no doubt you could get out safely and without
disturbance--can't say you conversed with Mr. Wright or the
preacher--there was some general conversation--saw you and Mr. Wright
have no private conversation. I told Mr. Wright he might remain if
prisoner assented. Perhaps the prisoner would like his counsel--Shadrach
assented. I let Mr. Wright go up and speak to prisoner; I kept my eye on
Mr. Wright when he spoke to the prisoner--he went up and took hold of
his hand--Mr. Loring left the room sometime before. When Mr. Wright came
in, I was surprised. You said Grimes better not come in--counsel asked
me if a friend might remain with prisoner during his arrest--Messrs.
List, Sewall and Davis were present--can't swear who asked me.
_To the Commissioner._ Some colored friend I supposed--can't swear it
was Davis asked it.
_Mr. Dana._ Do you know the person you arrested, was the person named in
the warrant?
_Answer._ The person rescued was the person arrested under the warrant,
but cannot say he was the person named in the warrant.
_The Commissioner._ Do you contradict your return? The return is
conclusive.
_Mr. Lunt._ Mr. Riley, do you mean to contradict your return! I warn
you, Sir!
_Mr. Dana._ He has contradicted it. Mr. Riley, you didn't know that the
person you arrested was the man named in the original warrant and
complaint, as the slave of Debree?
_Mr. Lunt._ I warn you, Mr. Riley, not to give that testimony! I warn
you, Sir!
_The Commissioner._ The return of the officer is conclusive.
_Mr. Dana._ Does the Commissioner mean to rule that a man may be hung in
a criminal case, on the return of an officer in another, and that a
civil case? This case goes further. Here the very man who made the
return is on the stand. Cannot we show by him that a part of this return
is matter of form, and that he does not know whether it is true or not?
_The Commissioner._ I think, Sir, the return of the officer is
conclusive in all these proceedings.
_Mr. Dana._ But the fact is already in--and the return is nullified. The
objection is too late.
_The Commissioner._ If he has answered, it may go in, _de bene esse_.
_Mr. Lunt._ Does the Commissioner mean to rule in that testimony?
_The Commissioner._ I receive it _de bene esse_; to give such weight to
it as I shall think proper.
_Mr. Dana._ Mr. Riley, do you know whether the man you arrested was the
man named in the original warrant?
_Mr. Riley._ Hardly a man is arrested known to the officer. The officer
is responsible for mistakes. I don't know that the man arrested was the
man named in the warrant.
Did not apprehend a rescue or an attempt when Davis left. He left at my
request at the time he left. He did not leave the room from all I saw,
until his final departure--don't recollect seeing him outside the bar,
nor conversing privately with any person beside counsel. He is known to
me as a counsellor practising law in Circuit Court.
_To District Attorney._ There might have been fifteen persons in court
room when I left. My attention was not directed to Davis particularly.
He _might_ have been absent without my knowledge.
_To Mr. Dana._ I kept my eye on the door after the room was
cleared--ordered that no one should be admitted.
_Charles Sawin, Dep. Marsh._ Soon after Mr. Davis came in and sat down,
he rose, coming towards me, and asked who Mr. Clark was, whether he was
a southern man? I said, "No, that he was a citizen of Boston, and had
been for some years." I asked Mr. Davis what there was in the wind, and
he replied--"Not anything that I know of." He then added, "This is a
damned dirty piece of business." This was before the proceedings before
the Commissioner had closed. Afterwards when the proceedings had ended,
Mr. Byrnes was standing within the rail and I was outside, Mr. Davis
said, "Well, you ought all to have your throats cut." The attorneys were
present. In all there were about twenty persons present. It was after
the order had been given to clear the room. I made no reply to remark. I
thought it was uncalled for. I missed Mr. Wright and Mr. Davis about the
same time. I did not see him go out. I was near the prisoner. I saw a
tallish man whisper in the prisoner's ear during the hearing. The
prisoner then took off his coat, and rolled up his shirt sleeves, and
adjust his neckerchief and look kind of fierce. It was a white man that
whispered to the prisoner. Mr. Davis might have been gone a minute
before the rush was made to break in.
_Cross examined by Mr. Davis._ I don't know that your remark was, "this
is damned dirty business for you to be in." My impression is that you
did not qualify it. I did not consider it mean business. I thought it
was legal business. I don't know that what you had said was the
conclusion of a conversation that you had been having with Mr. Byrnes,
and I don't recollect that the remark was, "Well, then, you ought to
have your throats cut." Mr. Byrnes was near, and so were others of the
counsel with you. There was a Mr. Morris, or Morrison, with them.
_Mr. Davis._ What Mr. Morris?
_Sawin._ That one! (pointing to Mr. Morris, who was in the bar) The
little darkey lawyer!
_The Commissioner._ Mr. Morris is a member of the bar, and entitled to
be spoken of with respect, as much as the white lawyers who were engaged
in the case.
_Sawin._ I meant no disrespect. I only used the expression for the
purpose of designating the man.
_Mr. Dean._ The remark seems to amuse the district attorney.
_Mr. Lunt._ I cannot always control my muscles.
_Sawin._ (To Mr. Davis.) Have known you four or five years--never told
you I was Deputy Marshal. Have given you business--considered the remark
not unfriendly--didn't think much of it. The man was arrested in his
apron and shirt sleeves--coat was afterwards brought in--don't know that
he put his coat on again before the rescue. Heard Mr. Riley say to him,
"Now, pretty soon, we'll have dinner." This was about the time you went
out--thought you were counsel all the time.
_Fred. D. Byrnes._ Am a Deputy Marshal. Saw Davis in room on Saturday
sometime while proceedings were going on. The first thing I heard Mr.
Davis say, was "Damn mean business." The prisoner was in the bar. Mr.
Sawin was on one side of the prisoner, and Mr. Clark on the other. Mr.
Davis was within two feet of the prisoner, and I was near Mr. Davis.
This was before the adjournment. Afterwards, near the rail on the left
of the room, Mr. Davis came along and put his hand on my shoulder, and
said--"This is a damned pretty mess," or, "you are a damned pretty set,"
and "every one of you ought to have your throats cut." After that, and
when nearly all the people had left, Mr. Wright and Davis came along,
and I said to Mr. Davis, "I always took you for a gentleman until
to-day, but I am very sorry to say I can't say it now." He said, "Why?"
I repeated his remark about cutting our throats, and he replied--"Well,
I say so now." Mr. Davis then went out. I saw nothing out of the way
when he went out. After Mr. Wright had passed out, I saw Mr. Davis near
the wall on the right of the door, and close to the steps. I heard a
voice that I then took to be Mr. Davis's, say--"Take him out, boys--take
him out." I did not see his lips move, but I thought it was him who
spoke the words, and I think so now. I am acquainted with Mr. Davis, and
knew it to be Mr. Davis's voice, and no other one's voice. His shoulder
was resting, or leaning against the wall. I had passed through the baize
door with Mr. Wright, so that I could see a person at the corner of the
wall at the outer door.
_Cross examined._ Mr. Hutchins had the charge of the door. I did not
notice his position. Did see Mr. Clark's position. I saw nothing
different in your going out from others going out. Clark and Hutchins
were in front of me. I do not think the baize door closed on you before
Mr. Wright came. The shout was after the pulling of the door commenced.
Before that there had been several attempts to pull the door open. I had
seen the ends of fingers on the edge of the door before that repeatedly.
There was no rush when you passed out; but there may have been some
hands on the door. I had gently led Mr. Wright as far out as the
threshold when the rush commenced. I saw no obstructions in your way
when you went out. I can't say whether Mr. Hutchins had to let go of the
knob or not, when you got out. I thought at the time, that you meant to
call the people in, and I so told our people then.
Mr. Davis cross examined the witness very minutely as to the repeated
opening and shutting of the baize and outer door during the minute prior
to the rush, and also as to his position from moment to moment, and the
positions of Clark and Hutchins, at and near the door. He testified that
he was somewhat hard of hearing, more so some days than on others.
_To Mr. Dana._ I think Saturday was one of my hearing days. I don't hear
so well to-day. My deafness came on when Elder Knapp was here. I was
called out on duty at the time of the disturbance in Bowdoin square, in
1843, or thereabouts.
_To Mr. Lunt._ I saw a cleaver in the hands of a black man outside the
door. He was standing rather back.
_To Mr. Dana._ I know the voice I took for Mr. Davis's was not a black
man's voice. I know a black voice usually from a white man's. It was a
white man's voice, and I thought at the time it was Mr. Davis's. I did
not think it was Mr. Davis's voice because of its being a white man's
voice. It was my opinion that it was not the voice of a colored man.
There were many other voices heard calling out at the time. My first
reason for supposing it was Mr. Davis's voice was that it was not a
black man's voice. Within the past three years I have casually conversed
several times with Mr. Davis. Know him as I know a thousand other people
in Boston.
_To Mr. Lunt._ That the voice I heard was not a black man's was only one
of my reasons for supposing the voice was that of Mr. Davis.
Friday, Feb. 21st. _Calvin Hutchins_ was called, and testified, that he
was stationed at the door, and had hold of it, when Mr. Davis came to
the door to go out. Mr. Byrnes spoke to him, and I opened the door for
him; that is, I let it open, there being others pressing upon the door.
I let the door open enough to let him out. I saw the stairway all
filled. The stairs leading up were all filled also. When he stepped
round, he got his back against the side of the door, and clapped his
left hand up against the door. There was a cry to go in. I should
suppose by the fingers on the door that five or six got hold of it to
pull it round. I had already opened it as far as for others, and there
was sufficient room for him to go out. I could not tell where he went
to. He stood there when the door got started, and I was slapped round
outside into the passage-way.
_Cross examined._ (To Mr. Davis.) To go out the best way to clear the
crowd, you ought to have turned to your right; but you faced round to
the door, putting your left hand upon it, and opening it more than was
necessary. Some one had hold of the knob of the door at the time, and
there were fingers on the edges. I was holding on to the door to give
you space enough to get out, and was contending with the negroes by
keeping the door from being opened more than sufficient to let you out.
You slid out to the right.
_To the Commissioner._ Mr. Davis's back was against the door jam, or
door post on the right, when his hand was on the door. [Witness goes to
the door, and explains the position of himself and Mr. Davis, at the
moment Mr. Davis had his hand upon the partly opened door.] The door
opens outwardly from right hand side. Didn't see Davis afterwards.
* * * * *
Col. Seth J. Thomas was next called, and put, by the counsel for the
defence, on his _voir dire_, as to any interest he might have in the
penalties provided in the act. He answered that he was the counsel for
Mr. De Bree, the owner of the alleged fugitive, and that he had received
written instructions from his client in relation to the case of
Shadrach; but he did not hold such a power of attorney as is
contemplated in the fugitive act. His relations to the case were those
of an attorney and counsellor of law, and as such he had advised with
Mr. Caphart, the agent, who held such a power of attorney from Mr. De
Bree as is intended in the act. Fees in no manner depended upon the
result of the proceedings in the case.
Mr. Dana inquired what was to be proved by this witness.
_Mr. Lunt._ That the person under arrest was claimed as a fugitive.
_Mr. Thomas._ Was here on Saturday last, saw a person called Shadrach,
who was alleged to be a fugitive slave.
This evidence was strongly objected to as hearsay, but held admissible
by the Commissioner.
_Cross examined._ My means of information is confined to others. Don't
know that I ever saw the negro before.
The Commissioner said that he had ruled that the Government were not
obliged to show that Shadrach was a slave, and that no further evidence
was necessary to show that he was arrested and escaped.
_Mr. Davis._ The question now arises under the present warrant and
complaint, which alleges not only that one Shadrach was a fugitive
slave; but that the same Shadrach who was a slave to one De Bree, was
rescued. The Commissioner has ruled that the Government are not obliged
to prove that the man under arrest was a fugitive, or was a slave. Does
the Commissioner also rule that the Government need not show that the
man arrested was the man claimed, and that the man rescued was Shadrach?
_The Commissioner._ The Government may prove by Col. Thomas that the man
arrested was the man claimed.
Here the question was discussed, whether the prosecution were bound to
prove that the colored man arrested was the person intended in the
warrant, and named Shadrach. The Commissioner again held that the
returns on the warrant were _prima facie_ evidence that the man arrested
was the said Shadrach.
Mr. Dana thought Mr. Riley had destroyed the presumption arising from
the return by having testified that he did not personally know whether
the man was Shadrach or not; all he could say was that he knew he was
the man he had arrested as Shadrach.
Col. Thomas was allowed to testify, that the man arrested and brought
into the court room was claimed by Caphart as Shadrach. When he came
into the room Caphart said, "This is my boy." Col. Thomas produced a
paper and testified to it as the power of attorney. Objected to on the
ground that the signature was not proved. The Commissioner held that it
was admissible as one of the papers before Mr. Curtis.
_Simpson Clark_, recalled.
_Mr. Lunt._ I propose to show that Shadrach admitted he was a slave, and
owned by De Bree, and that his name was Shadrach.
_Mr. Dana._ It is true the Commissioner has admitted Col. Thomas to
testify to the declaration of De Bree's agent, as evidence that De Bree
claimed the man; but this evidence is still more remote. This is a
criminal prosecution. Is a man to be bound by statements of others? This
matter was not adjudicated. How can the man's admission that his name is
Shadrach affect us? He is not placed upon the stand. He is not under
oath. His admission is that his name is Shadrach, not that he is a
slave. Moreover, the act provides that the party claimed shall not be
received as a witness.
_The Commissioner._ An alleged fugitive is only excluded from being a
witness in the case of a complaint against himself as a fugitive. This
does not exclude his admissions in the case of a criminal trial of
another party. His admission is the best possible evidence of identity
under the act. See Law in Appendix, Sec. 6. ["In all proceedings under
this act"]
_Mr. Clark._ Am a constable. Am employed specially. After the man was
brought in, he asked who it was that claimed him. He first asked me, and
I referred him to Mr. Sawin. Mr. Sawin named one person to him, and he
said he did not know him. Mr. Sawin then named another person to him,
and he said he did not know him. He then said he was named Shadrach, and
commenced to tell me the circumstances of his coming away, but I advised
him not to speak to me about it, as I might be made a witness against
him. I told him not to tell any one but his counsel; and Mr. List, his
counsel, told him the same, and he stopped talking to the officers and
others. I was at the further side of the door when Mr. Davis went out.
[Describes the scene.]
_Mr. Lunt._ Did you hear Mr. Davis testify the other day, if so, what
did he say?
_Mr. Clark._ He said when he got down to the landing he first thought
there was to be a rescue, and he saw a man pass two canes up.
_To Mr. Davis._ I had some conversation with you in the room near the
prisoner, after Mr. Wright came in, while the minister was here. The
prisoner said something about his trust in God.
_Mr. Davis._ Do you remember his saying anything further concerning his
position, showing any religious feeling?
_Mr. Lunt._ Religious feelings have nothing to do with this case.
_Mr. Davis._ I am aware of that, I waive the inquiry.
_Mr. Clark._ I don't know that I saw anything peculiar in your conduct.
Many persons spoke to Shadrach, besides the person who whispered to him.
While my back was turned towards Shadrach, I heard some one say to
him--"We will stand by you till death."
_George T. Curtis, Esq._, U. S. Commissioner, who held the examination
in the case of Shadrach, testified that there was no actual disturbance
during the hearing. About the time of the adjournment, it might have
been a minute or so afterwards, a tall young colored man standing behind
the rail, approached Shadrach, and, addressing him, said--"We will stand
by you." Mr. Riley, the deputy marshal, observed the man, and heard the
remark, and checked him, and sent an officer to remove him to another
part of the room. Mr. Davis was present, but I did not know he was one
of Shadrach's counsel. He neither said or did anything, so far as I saw,
from which I could infer he was present in that capacity. Mr. E. G.
Loring, and Mr. Sewall were the only recognized counsel; that is, they
were the only persons who addressed the court, and I should not have
allowed him more than two counsel.
_To Mr. Dana._ It is common to have more counsel than address the court.
I do not know that Mr. Davis may not have been one of these. I should
not have limited him, except as to such counsel as should address the
court. [Witness identifies the papers produced before him, and the order
he passed for the adjournment, &c.]
_Austin S. Cushing._ I was present on Saturday, while the proceedings
were going on. After the order was given for clearing the court room, I
saw a man standing behind the rail, who was disinclined to leave. He
left rather slowly, and, as he was leaving, he reached his hand over to
the prisoner, and, I believe, calling him "Fred," said--"We will stand
by you till the death." It was a colored man.
_Jessee P. Prescott_, in the employ of the Fitchburg Railroad Company,
testified that he was present in the passage way at the time of the
rescue, and described the scene. A stout negro man came up the passage
way from the supreme court room. He was peculiarly dressed, and two
negroes said to him--"You are just the man we want." Another
said--"That's the boy for them," pointing to him. There being some
difficulty in getting the door open, some sung out--"Go it. Life or
death, we are prepared for 'em." Another said--"Damned bloodhounds."
Others said--"Knife 'em." One man, whom he took to be a minister,
dissuaded the other party from acts of violence. Saw the rush into the
court room, and saw the fugitive borne out in the arms of four or five
persons. I am sure I saw Mr. Davis go into the court room by the east
door, some five or ten minutes before the door was forced open. One man
had a sword.
_Cross examined._ I had seen Mr. Davis before. I had seen him at the
Thompson meeting at the Tremont Temple. I think I had seen him trying a
case in court also. Saw you at the Chaplin meeting. The person I took to
be you was in a hurry--had no hat on, and spoke to a man as he was
coming in. Said, "How do you do," merely. It was not more than ten
minutes before the adjournment.
Mr. Lunt here rested the case for the prosecution.
Mr. Dana moved the discharge of the defendant, on the ground of failure
of proof, to raise the question of the construction of the statute, and
asked the commissioner if he adhered to his ruling in Mr. Wright's case.
The commissioner denied the motion, and said that he considered it
sufficient for the Government to prove that a person claimed as a slave
had been rescued.