_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 pa.s.sage 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 a.s.sented. Perhaps the prisoner would like his counsel--Shadrach a.s.sented. 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 d.a.m.ned 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 d.a.m.ned 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 ent.i.tled 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 ap.r.o.n 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 Sat.u.r.day sometime while proceedings were going on. The first thing I heard Mr.

Davis say, was "d.a.m.n 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 d.a.m.ned pretty mess," or, "you are a d.a.m.ned 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 pa.s.sed 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 pa.s.sed 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 pa.s.sed 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 k.n.o.b 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 Sat.u.r.day 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 pa.s.sage-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 k.n.o.b of the door at the time, and there were fingers on the edges. I was holding on to the door to give you s.p.a.ce 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.