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 Part 5

_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 Sat.u.r.day 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 a.s.sist at the hearing. I went to the Marshal's office, and there drew up a pet.i.tion 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 pet.i.tion in the prisoner's behalf. Mr. Morris came with Mr.

Loring and swore to the pet.i.tion. 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 pa.s.sed, 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 const.i.tutional 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 unconst.i.tutional 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 ent.i.tled 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 pa.s.sage-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 Sat.u.r.day 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 pa.s.sage, 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.

Sylva.n.u.s Mitch.e.l.l, Richard Nutter, ---- Gilbert, and James H. Mitch.e.l.l 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.