Mr. Davis now called a number of witnesses for the defence, and Mr. Dana
gave notice that the first set to be examined were expected to testify
to the character of the government witness, Frederick D. Byrnes, for
truth and veracity.
* * * * *
William Ross was called to the stand as to the character of Byrnes, but
Mr. Byrnes being absent, was withdrawn.
Mr. Riley recalled by defence. He was quite confident that Mr. Davis did
not leave the court room, and come in again, just preceding the rescue.
He seemed to be busy in talking with the associate counsel.
The prisoner put on his coat while within the bar, before Mr. Davis left
the room.
_To Mr. Lunt._ On Saturday morning Mr. Davis asked me if I had any more
Craft's cases. I told him not that I knew of. This was in the entry of
the Court House. While in the Court Room after the adjournment, he asked
me if he understood me to say in the morning that no warrant was out. I
had no warrant when Mr. Davis spoke to me in the morning. The warrant
was in the hands of another deputy marshal, and I had not then seen it.
I told Mr. Davis that whether I had known, or not, of the warrant, I
should have given him the same answer. The reply rather surprised Mr.
Davis. I think no one could have entered the easterly door without my
knowledge.
_Cross Examined._ _To Mr. Davis._ It was between 9 and 10 A.M., that I
saw you. I was standing at the outer door, you passed, and I first asked
you if you had seen Mr. George P. Curtis.
_Mr. Davis._ It was that which reminded me of fugitive slave warrants?
_Mr. Riley._ You answered the question, and then asked about warrants. I
was waiting for Mr. Sawin, and Mr. Curtis at the time.
_Henry Homer,_ assistant clerk of the Municipal Court. At the time of
the mob, I was standing on the steps, about three above the level of the
U. S. court-room. I had a view of the whole scene. The wooden door was
open, and Mr. Hutchins had hold of it. The crowd was not very large
then, nor pressing very hard. Three good officers outside could have
protected the door, and cleared the passage. Then there were cries of
"go in, and take him out," and the pressure increased against the door,
and all at once it gave way, and in the crowd went. All done in ten
seconds, I should think. Never saw anything done so quick before. Saw
two men take hold of Shadrach and fetch him out, about twenty other men
following. The stairs were clear when they brought Shadrach out, and
they kind of threw him down the stairs. The crowd was all behind him.
There was no crowd obstructing the stairs all the way down. The
collection was outside. In passing him out into the street, they tore
his coat off, and took his hat off. His coat laid in the mud, and his
hat laid there. A woman seized him by the hair and said--"God-bless you.
Have they got you?" Shadrach was very much frightened,--did not seem to
know whether he had got among his friends or enemies. I saw this from
the window at the head of the stairs.
I did not see Mr. Wright. I think Mr. Davis was on the platform, or on
the third stair going down. I did not hear his voice. I think I should
have noticed it, if he had spoken. I heard no white voice. The voices
were all of colored people. I am well acquainted with your voice (to Mr.
Davis),--I have heard the music of it often enough, both in court and
out of it. I will not swear that Mr. Davis did not speak; but I will
swear that I don't remember to have heard any voices but those of
colored people. I had been out to get a volume to see the statute,
forbidding the officers of this state from aiding in any manner in
making arrests under the old law for taking fugitives.
_To the Commissioner._--I remained on the stairs step above the landing
until Shadrach was brought out. I then went up stairs to get out of the
way. I saw no man with two canes; saw no man with a club; saw no man
with a sword. I am a justice of the peace, but I did not know what duty
it imposed on me at that time. The affair was sudden, and I was somewhat
excited.
_Afternoon._--Gustavus Andrews, jailor. I have known Frederick D. Byrnes
ever since he came to Boston. His general reputation for truth and
veracity is bad.
_Cross Examined._ I heard his character discussed by officers, and other
persons. I cannot call to mind at this moment any person, not an
officer, whom I have heard say he was not a man to be believed.
_Hiram Wellington, Esq._ Attorney at Law. Had known Frederick D. Byrnes
about seven years--his general reputation for truth and veracity is
decidedly bad.
_Cross Examined._--I never had any difficulty with him, that I know of.
He once brought a small suit against me for constable's fees, and
recovered, I believe. It was in the justices court. I don't know that he
ever brought any complaint against me. If he did it was a secret one. I
never knew of his complaining against me to the grand jury.
_William Ross_, tailor.--I should like to know what I am summoned here
for. I don't wish to testify. Have known Mr. Byrnes some three years.
His general character for truth and veracity, I should say, is decidedly
bad.
_Cross Examined._ Who have you heard speak of it? I don't wish to say.
There have been twenty people in my place within a week to inquire how
such a liar could get into office. I was once called to court in
Cambridge to testify about his character, and he called upon me to ask
what I had against him. He is a well-known man. He became known on
account of having been brought up for adultery. I could name people whom
I have heard speak of him. I have heard Martha Adams speak of him; she
lived with him when he kept the Cape Ann Cottage, which was mysteriously
burned down, and the insurance recovered. I might name others, but I
don't think I am bound to mention them. Mr. Byrnes knows who they are.
_Derastus Clapp_, Constable.--Have known Mr. Byrnes five or six years;
have not heard his character for truth called in question these two
years; have not heard it discussed within that period. He has kept in
this city during this time.
_The Commissioner._--I think you cannot ask about reputation two years
ago.
_Mr. Lunt_ said it was clearly inadmissible.
_Mr. Dana_ read a case in Wendall's Reports in which it was decided that
the previous reputation could be shown. It is often the best evidence.
_The Commissioner_ thought he should take time to decide the point.
_Mr. Lunt_ said there might be a difference of practice in different
states.
_Ira Gibbs._--Have lived in Boston between 30 and 40 years--was city
marshal. Have known Mr. Byrnes several years. I can't say but that I
have heard his character spoken against in relation to truth and
veracity. I don't think I have heard it frequently spoken about, but
when spoken of, it has been against him.
_Charles Smith_--Constable and Coroner--Have known Mr. Byrnes about ten
years; his character for truth, &c., bad.
_Cross Examined._--The most I have heard about him has been from
officers. Mr. Dexter keeps in the office with me. He has had difficulty
with Mr. Byrnes. So has Mr. Leighton, who keeps in our office. I think I
have heard his truth discussed, in reference to cases in which he was a
witness. One of the cases was at East Cambridge. It depended wholly on
his testimony, I understood, and the other side prevailed. These
discussions about his character were revived on account of his being
appointed deputy U. S. marshal. I don't know that those who spoke of him
wanted the office. Don't know any body who wants his office.
Officers _Rice_, _Dexter_, _Neale_, and _Luther Hutchins_, examined as
to the character of Mr. Byrnes for truth, testified to the same effect
as the preceding witness.
_Thomas S. Harlow, Esq._, Counseller at Law. I have known Frederick D.
Byrnes seven or eight years. His reputation for truth and veracity is
bad.
_Cross Examined._--Have heard him spoken of in the regular course of
business, about the courts among officers. I had some business
connection with Mr. Wellington, when he was sued by Mr. Byrnes.
At this stage, the court adjourned till Saturday, Feb. 22.
_Saturday, February 22d._--Commissioner Hallett took his seat at 10
o'clock. Defence resumed. On the question reserved yesterday, the
Commissioner decided in relation to the knowledge of Constable Clapp of
the reputation of Mr. Byrnes, he having stated that he had not heard his
truth and veracity spoken of for two years, that he must first be
inquired of generally as to Mr. Byrnes's reputation. Mr. Clapp answered
as he did yesterday, and then Mr. Dana was allowed to ask him if he knew
anything of his reputation for truth prior to that period. He replied
that for about five years previous to the past two he had heard his
reputation for truth and veracity spoken of. It was bad.
_Cross Examined._--When he was so spoken of, reference was had to some
business matters; to a civil case at New Bedford, and a criminal case
in Boston. It was his character for truth and veracity that was spoken
of, and had no relation to his honesty in not paying what he owed.
_John G. King. Esq._, Counsellor at Law.--I was in this court room on
Saturday forenoon. Mr. Davis was in when I came in. I ascertained that
he was acting as counsel for the prisoner. After the adjournment I left
Mr. Davis in consultation with the other counsel. Before leaving I drew
up a power of attorney, which the man Shadrach signed. It was made to
Robert Morris, and was intended to give him authority to act in
reference to an application for a habeas corpus. When Mr. Riley was
clearing the room, Shadrach pointed out Mr. Davis as one of his counsel,
and as such Mr. Riley allowed him to stay.
_Marcus Morton, Jr., Esq._, Counsellor at Law.--I was sent for on
Saturday morning by Shadrach. I had known him from six to nine months.
There were but few persons in the court room when I came in. It was
proposed to raise money for his value, if it should be decided to send
him back. I went to the office of Colonel Thomas, the claimant's
counsel, in relation to procuring the man's liberation in that way.
Nothing resulted from the conversation with Colonel Thomas. I don't know
that Mr. Davis knew of it. I know that Mr. Davis was twice recognized by
Shadrach as his counsel. When I came in to the court room, Shadrach
appeared excited, and was talking a good deal. I told him he had better
keep his mouth shut, and not to speak to any person except his counsel.
He asked who he should have, and I designated among others, Mr. Davis
for counsel.
_Cross Examined._--I communicated my intention to E. G. Loring. I was to
have an answer from Colonel Thomas on Monday morning. I don't recollect
mentioning this to any of the counsel. I did mention it to several
people. The case had been postponed till Tuesday, before I called upon
Colonel Thomas.
_Charles List, Esq._, Counsellor at Law. I was in this room on Saturday.
Mr. Davis was here in the capacity of counsel for Shadrach. I heard
Shadrach ask him to serve as counsel. Mr. Davis joined Mr. Sewall and
myself at the table in examining the papers sent on by the owner for
establishing his claims to Shadrach. Mr. Davis examined them very
thoroughly, and expressed a decided opinion that the papers were not
sufficient under the statute. I asked Mr. Davis who the men guarding the
prisoner were. He said one was Sawin, whom he knew well, and he would
inquire of him the other's name. He did so, and told me his name was
Clark. Did not state to Davis my object in asking. Was told here there
were to be proceedings for habeas corpus. I asked Riley for copy of the
warrant. He said he had one for Mr. Dana, which he was to have before 2
o'clock. I told him if he would let me have it, I would give it to Mr.
Dana before 2. Sewall and Mr. Davis were then present. I went to Mr.
Dana's office. I left eight or ten minutes before two, leaving Mr.
Davis. I think Mr. Davis did not leave the court room any time while I
was there. I was there from the commencement of the hearing, except for
a short time that I stepped into the law library, to see if a particular
gentleman was there. I think I went into the library before the
Commissioner left. I spoke with Mr. Davis frequently in the court room,
and I think I should have known it, if he had gone out. No attempt had
been made to force the door when I left. I had no difficulty in getting
through the people in descending the stairs, or going through the
passage, getting out of the court house.
_Mr. Dana_ here proposed to prove that Mr. Davis at various places and
times had advised the colored people against acts of violence. [The
Commissioner was inclined to allow the inquiry].
_Mr. Lunt_ objected to the inquiry, the charge against Mr. Davis being
that he committed a specific act.
_Mr. Dana_ waived the point for the present.
_Mr. List_ resumed. It was agreed in the court room that the counsel
should hold a meeting at Mr. Sewall's office at three o'clock, and
another meeting was to be holden at half past nine the next morning. The
meeting was not held that afternoon on account of the rescue. The
meeting was held Sunday morning, and Mr. Davis was present. Mr. Davis
called attention again to the insufficiency of the papers. Question then
arose whether proceedings would go on, and what Commissioner might do.
_Cross Examined._--I am not sure that Mr. Davis was one of those who
agreed to hold the meeting in the afternoon. There were six who were
considered as counsel. These were named E. G. Loring, Mr. Sewall, Mr.
Davis, Mr. Morris, Mr. King, and myself. I cannot say that Mr. Davis
was not out of my sight five minutes. When I went out, the officer
opened the door sufficient to let me out, using no particular care with
the door. There were in the entry about half as many people as it would
contain; chiefly negroes; did not recognise any one, black or white,
that I knew. I first went to Mr. Dana's office. I was in Court street
going towards Washington street, when the rescue took place. I could not
believe it when I first heard of the rescue, and went back to inquire. I
had thought it possible a rescue would be attempted, for the colored
people were very much against the law. I have spoken against the law,
and probably shall again. [Manifestations of applause on the part of the
spectators. Order commanded by the Commissioner].
_Mr. Lunt_ here put the question,--Do you approve of the rescue? Mr.
Dana objected, and the Commissioner sustained the objection. Mr. List
preferred to answer, and said that he was opposed to any violation of
law, and had advised against violations of the law.
_George W. Adams, Esq._, Counsellor at Law.--I was coming into the East
door of the court house near 2 o'clock, on Saturday, met Davis going
through the passage, near the marshal's office,--saw him pass between
the pillars in front of the office. I talked with him two or three
minutes. I heard noises and shouts above, while I was talking with Mr.
Davis. Men were running in and out, when I left him, I ran out to Court
street, and saw the crowd moving off.
_Alonzo F. Neale_, Constable Neale--I was in the court room on
Saturday--was called in by Mr. Noyes, the messenger of the U. S.
Courts--I saw Mr. Davis in the court room. I saw him go out of the court
room. Somebody asked me to let Mr. Davis out. I said I was not the door
keeper. The person then spoke to Mr. Hutchins, who opened the door, and
Mr. Davis passed out. I suppose now it was Mr. Wright who asked me to
open the door for Mr. Davis. I think Mr. Davis, Mr. Wright, and a third
person, a stranger, went out about together; and my attention was called
off for a moment, by noticing the colored man get up, put his coat on,
and walk about. Then came the yell, and the forcing of the door.
Doubting whether as a constable, I had any right to interfere, I
concluded not to do anything until some emergency occurred. I saw Mr.
Hutchins driven away from the door. It is my opinion that Mr. Byrnes was
behind the door. If so, he could not see outside the doorway. At the
time of the first rush, there was one or two near Mr. Hutchins, and Mr.
Byrnes might have been one of them. I should think the prisoner got up
and put on his coat just about the time Mr. Wright and Mr. Davis passed
out. When the yell came the prisoner ran towards the door on the East
side, and then back on the other side of the rail to the front door. I
was somewhat excited, but I helped in holding on to the door. John H.
Riley was on the other side, and Patrick Riley was walking back and
forth. I felt rather vexed that they did not come to the door attacked,
to assist in closing it, and I withdrew from the door. John Riley was
calling for assistance. There had been pounding at the doors before the
prisoner put his coat on, and shew signs of excitement; and there had
been a good deal of loud talking outside. I was in the court room about
an hour. I should not think Mr. Davis went out after I came in, until he
went out at the time I have spoken of.
_George W. Minns, Esq._, Counsellor at Law.--I was in this court room
between one and two on Saturday,--saw Mr. Davis was here. Including the
officers and counsel, there appeared to be about a dozen persons in the
court room, when I was admitted. Heard Mr. Riley say the prisoner would
be allowed to see his friends from time to time, and every thing
reasonable done to make his situation comfortable. Saw Mr. Davis--his
manner was calm. He remained so till an incident occurred. Some person
behind where I was sitting said something, concluding with the remark,
"Kill the negroes!" I thought the remark came from Mr. Byrnes, but I
don't know. Mr. Davis, at the time, was walking from the table to me,
and heard it. He was irritated by the remark, and said--"Then, on that
principle, you ought to have your throats cut." Mr. Byrnes and another
officer were behind me. I was sitting within the bar, next to the
railing, which was between me and Byrnes and the other officer. I know
Mr. Byrnes' voice, and am able to recognize it, and I thought at the
time that it was he who made the remark, but I cannot swear. It was not
very loud, and I did not turn round to look at Mr. Byrnes. I didn't
think from the tone, that the remark was made by one who intended to
kill the negro, but I thought it was made for the purpose of irritating
or insulting Mr. Davis. My attention was chiefly occupied in looking at
the prisoner.
_Frederick Warren_, deputy marshal. I left the court room about five
minutes before two o'clock--went down stairs--came back by the passage
up to the supreme court--went to the closet, and there heard the shout;
came out of the closet; found the crowd more dense than five minutes
before, and the door being pulled and vibrating; proceeded to the city
marshal's office, to notify the marshal, who said he could do nothing. I
told him the crowd was forcing the door. I think I saw a white person
near the corner of the recess, when I entered the closet. When I got
back from the city hall, the rescue had been made.
[The object of Mr. Warren's testimony was to show that it was he, and
not Mr. Davis, who was seen in the passage, and to go into the court
room a few minutes before the rescue].
_Elizur Wright,_ one of the editors of the Commonwealth,--I was in the
court room on Saturday,--I came about half past one,--I had previously
been at the Adams House, attending a meeting of the proprietors of the
Commonwealth. I met some reporters coming out of the court room, when I
got to the door. The officers refused to admit me. I said I was
connected with the press, and was soon admitted. I saw Mr. Davis, but
was not acquainted with him. Did not know his name. Understood they had
been examining papers. Had no conversation with Davis, except what I now
state. I got into a little difficulty with Mr. Riley, by supposing him
to be the counsel for the claimant. Mr. Davis then told me that Mr.
Riley was the deputy marshal. I said to some of the people, that there
were not many persons outside, and I may have said so to Mr. Davis. When
Mr. Davis went out, I was just about where Mr. List is now sitting, in
front of the clerk's desk.
At this stage, the court adjourned till Monday.
* * * * *
_Monday, February_ 24.--Mr. Commissioner Hallett resumed the examination
at 10 o'clock.
_Elizur Wright_ recalled. I was in the court room fifteen or twenty
minutes. It was perfectly impossible that Mr. Davis could have gone out
and come in again without my knowing it.
_Cross Examined._ Mr. Sewall stated to me the _quo modo_ of the arrest.
About half the time I was in there I was occupied in explanations with
Mr. Riley, after the altercation which arose from my mistaking him for
the counsel for the claimant. The explanations resulted in his giving me
permission to speak to Shadrach. I then shook Shadrach by the hand, and
spoke a few words to him. While Mr. Sewall was telling me that he
thought a good defence could be made for Shadrach, that there would be a
probability of his getting off upon the proof, there were two or three
persons standing about, and some one of them said there might be an
interference on the part of the colored people. Mr. Sewall said that
would be perfectly ridiculous, and I said so too. It was in that
connection, I think, that I said there were but few persons outside. I
had come from a meeting of the persons interested in the Commonwealth.
_Mr. Lunt_--Are you one of the editors of the Commonwealth? [Witness did
not answer, but smiled].
_Mr. Dana_--I object to the question, and ask the purpose of the
district attorney in proposing to put in anything in relation to the
connection of the witness with that newspaper.
_The Commissioner_ remarked that the inquiry was irrelevant, unless the
district attorney expected to show from it a bias on the part of the
witness.
_Mr. Wright_ now, without any further questioning, stated that he was
one of the editors of the "Commonwealth." The conversation was about the
possibility of the colored people taking it quietly. Mr. Sewall said, I
hope there will be no violence.
_Richard H. Dana, Jr._ was called to the stand by Mr. Davis.
[Mr. Dana said that when he entered upon the case, he did not suppose he
should be a witness, or he would have declined acting as counsel.
_The Commissioner._ There is no impropriety in it in a preliminary
inquiry; and in your case, never.]
On Saturday morning, Mr. Davis called at my office and told me that a
man had just been arrested as a fugitive slave, and was before the
Court, and proposed that we should offer our services as counsel. I
asked if he had counsel. Mr. Davis said it was a sudden arrest, and a
case for volunteers. We went over to the Court Room. The Court was in
session. There was a division of labor. It was agreed that I should take
charge of the Habeas Corpus and of a writ _de homine replegiando_, and
Mr. Davis was to remain and assist at the hearing. I went to the
Marshal's office, and there drew up a petition for a habeas corpus, and
filled out a writ _de homine replegiando_. Deputy Marshal Warren was
present. I left word with the counsel to send me down some one to swear
to the petition in the prisoner's behalf. Mr. Morris came with Mr.
Loring and swore to the petition. I then went to Chief Justice Shaw, and
asked for the writ. He refused it, for reasons which he gave. I returned
to the Court Room, reported my proceedings to the counsel, and prepared
to obviate the objections of Judge Shaw. Mr. Davis knew of all these
proceedings. Just then Mr. Curtis adjourned the Court to Tuesday.
Finding that there was to be no hurrying, I agreed with the counsel,
(including Mr. Davis.) to meet them in consultation at 3-1/2 P.M., at
Mr. Sewall's office. Bespoke a copy of the warrant from Mr. Riley, and
returned to my office. A little after half past one, I received a
message that, by the Marshal's permission, the counsel were to remain
awhile in the Court Room for consultation, and wished me to join them
there. I sent word that I would come immediately. I was accidentally
detained, by a client, until nearly 2 o'clock, and, in the interval, the
rescue had taken place.
_To Mr. Lunt._ I heard some conversation from people of all opinions, in
the way of conjecture or inquiry as to whether the blacks would resort
to force, but nothing in the way of advising or planning such a course.
_Mr. Lunt._ Can you say that none of those who acted as counsel here,
spoke of it?
_Mr. Dana._ I can say, most positively, that I never heard one of the
gentlemen who acted as counsel here, say any thing in the way of
advising or planning a resort to violence, or that indicated any
knowledge or belief on their part that it would take place.
_Mr. Lunt._ Did you attend the meetings at Faneuil Hall in October,
relating to the Fugitive Slave Bill?
_Mr. Dana._ One I did, the other I did not. I do not recollect the
dates. When I attended, I read a letter from President Quincy, at the
request of one of his family. That will fix the date.
_Mr. Lunt._ Did you speak at that meeting?
_Mr. Dana._ I object to these questions as matter of right. I am not
obliged to answer them. But, personally, I have no objection to
answering them.
_Mr. Lunt._ I think it would be a satisfaction to the community to know
from yourself how the matter stands as to these meetings.
_Mr. Dana._ On that ground, I have no objections to answering. I did not
speak at this meeting, for reasons of my own. For the same reasons I did
not attend the second meeting. I wrote a set of resolutions, which I
believe were adopted. These I am ready to stand or fall by.
_The Commissioner._ I read them. They were unexceptionable.
_Mr. Dana._ Unexceptionable in a legal view; but your Honor could not
agree to the opinions expressed. After the meeting had adjourned, as I
was informed, (and as it was stated in the papers,) a resolution was
put, and declared by the crowd to be passed, but it was irregular and
not noticed by the officers. That resolution was objectionable, in my
opinion. But in none of the meetings or consultations I have attended,
have any of the gentlemen recommended or suggested use of force against
the law. The private meetings have related to the use of legal defences
and modes of raising and presenting constitutional questions, and have
been composed of lawyers, almost, if not quite, exclusively. The
opinions of the defendant, so far as I know, are the same as mine. He
believes the act unconstitutional and unjust, and will give it no
voluntary aid, but will not recommend or join in forcible violations of
it. I am willing to say this, since we have got upon the subject,
although it is not testimony.
_Charles H. Brainard._ I have heard Mr. Byrnes' reputation for truth and
veracity spoken of, but not until these trials had commenced.
_Charles C. Conley._ Had heard Mr. Byrnes' truth, &c., spoken against
for some time back.
_Charles Mead_ examined on same point, but did not testify definitely.
_Mr. Dana to Mr. Lunt._ It was in the lobby that I saw Chief Justice
Shaw in relation to the habeas corpus. I came into the court room and
reported the result to the counsel. It was after the proceedings before
the Commissioner were over.
_To Mr. Davis._ My impression is that I saw some of the crowd enter the
door on the west side of the building after I heard the yell in the
Court-House.
Mr. Dana here proposed to put in the testimony given by Mr. Davis on the
examination of Mr. Wright, on the ground that the government had asked
Mr. Clark whether he heard Mr. Davis's testimony in Mr. Wright's case,
and he had stated a portion of it.
Mr. Lunt objected.
Mr. Dana said the government had put it in either as conversation or as
confession. In either case the defendant was entitled to the whole of
it, under the general principles of evidence.
_The Commissioner._ You may put in all that part of Mr. Davis's
testimony which concerns the statement of transactions which Mr. Clark
testified that Mr. Davis said, but no more.
Mr. Dana then read a small portion of Mr. Davis's testimony, and said he
should rest his defence for the present.
_J. S. Prescott_, recalled by the government.--I recollect seeing Mr.
Warren in the passage-way after the man was carried down stairs; but he
was not the person I saw before the rescue, and who went in by the door
next to the Marshal's desk. That man spoke to one of the colored men. I
also saw a man come out of that door, go into the closet, and return
into the court room by the same door.
_Cross-ex._ I saw Mr. Warren start on the run down stairs. Saw Mr. Neale
too. I said to him--"What, have they rescued the man?" and he said they
had. He appeared agitated. At the time I spoke to Mr. Neale I knew they
had taken the negro out. I spoke to Mr. Neale because I took him for an
officer. I was at the Court House to see a Mr. Pearson in the Supreme
Court.
After the rescue I had some conversation in Court Square on Saturday
afternoon with Mr. Simon Hanscom, a reporter. I did not tell him I was
in the Court Room; but told him I was present when the crowd rushed in.
I knew that several people saw me there. I had been told I had been seen
there. I felt it to be my duty to tell Mr. Riley what I knew about the
proceedings, as I regarded it as outrageous. I may have said in one
sense, I was glad the man had got away, so far as he was concerned. I
gave notice first to Mr. Riley of what I knew. I expected to be called
as a witness. Knew that it was known I was here. Think I should not have
spoken to Mr. Riley if I had not known that I had spoken of having been
here. I do not exactly approve of the law, for I think there might be a
trial by jury; but so long as it was the law, I did not want to see it
put down in the manner it was. Some one pointed me out to Mr. Hanscom,
as a person who saw the whole of it. I was laughing about it. Mr.
Hanscom called me aside. I could not help laughing. My conversation with
Mr. Hanscom was a very short one. I think I said something about mob
law. Mr. Hanscom tried to get me to talk more; but knowing him to be a
reporter, and the paper he was reporter for, I did not say much to him.
_To the Commissioner._ The person I took to be Mr. Davis, in the
passage, had spectacles, I think, and had his hat in his hand. I did not
think there was a rescue intended until they drew the man out. I
supposed the negroes, in trying to get the door open, only wanted to get
in and see the trial. A few minutes before, in the street, I had been
told that there was a slave case on trial in the U. S. Court.
_Mr. Sawin_, recalled. When Mr. Davis said we all ought to have our
throats cut, he spoke to me. Mr. Byrnes had said nothing about killing
the negro. I heard no such remark from any body. I saw Mr. Minns in the
room.
_The Commissioner._ Why didn't you report the remark of Mr. Davis to the
Commissioner?
_Mr. Sawin._ I did not think enough of the remark to report it to the
Commissioner. I was friendly to Mr. Davis, and had known him a long
time.
_Cross-ex._ It was a private remark.
James H. Blake, late city marshal, Geo. Woodman, Nathan Hyde, John S.
Phillips, and F. L. Cushman, Custom House officers, were then called to
testify concerning the character of Mr. Byrnes. They had known him
casually, and had never heard any thing said about his character.
Robert McGill, Brigham N. Bacon, Levi Whitney, Geo. W. Barker, and M. C.
Woodman, of the Merchant's Hotel and Exchange Coffee House, testified
that they had known him as frequenting their houses several years, and
never heard his character called in question.
R. M. Kibbe, keeper of a billiard-room and eating-house, Joseph Cochran,
keeper of a restaurant, G. L. Gilbert, late of California, previously a
dealer in spirituous liquors, J. G. Smith, wholesale wine and liquor
dealer, Henry Gilbert, dealer in ale and liquors, and Daniel Leland,
Jr., vinegar manufacturer, had known Mr. Byrnes as a customer several
years, and have not heard his character for truth questioned.
Sylvanus Mitchell, Richard Nutter, ---- Gilbert, and James H. Mitchell
had known him in Bridgewater 15 or 20 years ago, but had never been
intimate with them. Not known much of him of late years, and had not
heard his character for truth questioned.
George W. Phillips, attorney at law, had known Byrnes several years as
an officer, and had never heard his character called in question until
within a week.
John L. Roberts, a mason, had known Byrnes by name for a year, but had
never heard him spoken of.
Richard Hosea, constable, testified that his character was good as far
as he knew.
John Roberts, book-binder, had known him several years, not as an
acquaintance or neighbor, and had never heard his character doubted
until last week.
Samuel G. Andrews, a printer, living in Somerville the last year, had
met him 4 or 5 years, occasionally, and had never heard his character
questioned.
Robert T. Alden, sail-maker, had known him 10 years, never heard his
character for truth doubted.
Cross examined. Had met him at balls and assemblies, had known him as a
constable, plumber, and keeper of Cape Cottage.
It appeared from cross examination of the other witnesses, that Mr.
Byrnes had also been known as a farmer, iron founder, tack maker,
sailor, keeper of a restaurant, keeper of a bowling alley, real estate
broker, grocer, and deputy marshal. None of the witnesses had been his
neighbors since he left Bridgewater.
Elisha P. Glover, officer in the employ of the marshal. Had never heard
Byrnes' character called in question until a year ago, don't recollect
hearing it spoken of since then. Did hear one of the witnesses speak of
it a few days after. Was a witness for Byrnes at that trial.
_Simon P. Hanscom_ was now called for the defence, and stated that he
was one of the reporters for the Commonwealth. He was called for the
purpose of proving that Mr. Prescott, one of the government witnesses,
had stated that he saw what was done in the court room at the time of
the rescue. A short time after the rescue, he saw Mr. Prescott in the
street, and, in his capacity of reporter, applied to Mr. Prescott for
information, he having stated that he saw the rescue and knew all about
it. He supposed at the time Mr. Prescott gave him the account, that he
was relating what he had seen only. This was his conclusion at the time,
and, the question having been raised, he was not now able to separate
the hearsay statements made by Mr. Prescott, from the facts which he
stated upon his personal knowledge. Those statements differed from the
observations of Mr. Wright, who was in the court room, particularly in
reference to the knocking down of officers, &c., which Mr. Wright said
did not take place. Prescott said there were officers knocked down at
the door, that one colored man knocked an officer under the rail of the
bar, and another took the sword and brandished it in the room. Mr.
Davis, who was inquired of on that point, said that there were no blows
struck. Don't know what part of the transaction Davis spoke of.
Therefore the information he received from Mr. Prescott was not used in
making up the account of the rescue which was given in the Commonwealth
"extra" published on Sunday morning.
_Cross examination._ Mr. Prescott said it was well done, and he appeared
very much pleased, as many others did. I was also very much pleased at
the escape; and am always gratified at a person's gaining his liberty.
He had no recollection of expressing any approbation of the manner of
the rescue. I am not in favor of violating the laws. I should have been
very glad if Shadrach had not been arrested.
_Mr. Lunt._ Is Mr. Davis often at the office of the Commonwealth?
_Mr. Hanscom._ I have seen him there once or twice before the rescue,
and once since.
The evidence was here announced to be closed on both sides, and the
court was adjourned to Tuesday, 10 o'clock.
* * * * *