il. The offence
would have been the same in the eye of the law, if he had been rescued
from the hands of the agent having no warrant, in the streets, or in a
railroad car.

I have nothing more to submit to the Court on the subject of the law
applicable to this case. I will now call your Honor's attention to the
facts in proof.

To avoid repetition and confusion, I will call your Honor's attention to
single points.

1. Mr. Davis was counsel in the case, and acted as such. Mr. Morton, who
knew Shadrach, and to whom Shadrach looked for advice, recommended Mr.
Davis to him as counsel. Mr. Riley testifies that Shadrach twice pointed
out Mr. Davis to him as one of his counsel, when officially inquired of
by Mr. Riley. Mr. King and Mr. List, counsellors of this court, testify
that Mr. Davis sat with, consulted with and conversed with the counsel
who addressed the court, made a prolonged and careful examination of the
papers, and was the first who raised the doubt of their sufficiency. Mr.
Sawin, an officer, says he acted as counsel. It is proved that he went
into the court room for the purpose of acting as counsel, and did not
leave the room or the bar at all (the government will admit, not for
more than a minute or two) until the last moment. What other evidence
can there be of counsel's authority? It is seldom if ever in writing,
but is proved by acts and recognitions. After such evidence of the acts
and recognitions of a hasty and troubled forenoon, including the
testimony of two of his own officers, I was amazed at the pertinacity of
the prosecuting officer in calling Mr. Curtis to prove that Mr. Davis
was not counsel. But Mr. Curtis admitted that he knew nothing of the
relations between Shadrach and Mr. Davis, that there are often counsel
who do not address the court, and that Mr. Davis might have been of such
counsel, for aught he knew. And most of the work of counsel was done
after Mr. Curtis left.

I think your Honor will find no difficulty in believing that Mr. Davis
acted as counsel for Shadrach, and was in attendance for that purpose.

2. To connect Mr. Davis with the rescue, the Government has found it
necessary to contend that he left the court room and returned, shortly
before the rescue took place. The only witness to this is Prescott; and
how does he stand? Prescott was in the entry before the rescue took
place, he heard it debated, he saw it through, he gave no notice to any
one, but evidently, from the