s brought up for condemnation.
Two noble men, Mr. Dana and my friend Mr. Ellis, defended Mr. Burns.
There was to be no regular trial before Commissioner Loring.
On the evening of Friday, May 28th, there was a meeting at Faneuil
Hall, and an attack on the Court House where Mr. Burns was illegally
held in duress. In the attack a Mr. Batchelder was killed,--a man
hired to aid in this kidnapping, as he had been in the stealing of Mr.
Sims. To judge from the evidence offered before the Grand-Jury of the
Massachusetts Court, and especially from the testimony of Marshal
Freeman, it appears he was accidentally killed by some of his own
confederates in that wickedness, and before the door of the Court
House was broken through. But that is of no consequence: as Mr. Dana
has said, "He went in for his pay, and has got his _corn_." On Friday,
June 4th, Mr. Burns was declared a slave by Commissioner Loring and
delivered up to eternal bondage.
It seems to be in consequence of my connection with this case that I
am indicted; so you now approach the end of this long defence. I come
to the last part of it.
* * * * *
(III.) Of the Indictment against Theodore Parker.
I am indicted, gentlemen, for "resisting an officer" who was engaged
in kidnapping Mr. Burns; and it is charged that I, at Boston, May
26th, "with force and arms did knowingly and wilfully, obstruct,
resist, and oppose, ... Watson Freeman, then and there being an
officer of the United States, to the great damage of the said Watson
Freeman; to the great hinderance and obstruction of justice, [to wit,
of the kidnapping of Anthony Burns,] to the evil example of all others
in like case offending, against the peace and dignity of the said
United States and contrary to the form of the statute made and
provided."
It is also charged that "one Theodore Parker of Boston, ... with
force and arms in and upon the said Watson Freeman, then and there, in
the peace of the said United States being, an assault did make, he the
said Freeman also then and there being an officer of the said United
States, to wit, Marshal of the United States, ... and then and there
also being in the due and lawful discharge of his duties as such
officer" [to wit, stealing and kidnapping one Anthony Burns]. These
and various other pleasant charges, Mr. Hallett, in the jocose manner
of indictments, alleges against me; wherefrom I must defend myself, as
best I may.
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