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: Held in Boston, in February, 1851.Davis, Charles G. (Charles Gideon)
History
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: Held in Boston, in February, 1851.
Davis, Charles G. (Charles Gideon)
Davis, Charles G. (Charles Gideon), 1820-1903 -- Trials, litigation, etc.; Fugitive slaves -- Legal status, laws, etc. -- Massachusetts -- Boston; United States -- Fugitive slave law (1850)
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.
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