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 Sat.u.r.day 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 ident.i.ty 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 circ.u.mstances 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 pa.s.s 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 G.o.d.
_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 pa.s.sed for the adjournment, &c.]
_Austin S. Cushing._ I was present on Sat.u.r.day, 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 pa.s.sage way at the time of the rescue, and described the scene. A stout negro man came up the pa.s.sage 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--"d.a.m.ned 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.
TESTIMONY FOR THE DEFENCE.
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 a.s.sociate counsel.
The prisoner put on his coat while within the bar, before Mr. Davis left the room.
_To Mr. Lunt._ On Sat.u.r.day 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 pa.s.sed, 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,_ a.s.sistant clerk of the Munic.i.p.al 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 pa.s.sage. 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 pa.s.sing 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--"G.o.d-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.