of detention, the
United States not being permitted by the law of the state to use
the jails, and having none of their own. That the examination
proceeded, and after the reading of certain documents presented by
the claimant's attorney, and some discussion, the commissioner
decided to grant the delay until Tuesday following the 18th inst.
That the counsel for the prisoner asked of the commissioner if they
might not remain and hold consultation with their client, and
examine with him the papers presented, to which the commissioner
assented,--that the court room was ordered to be cleared, and was
cleared of all save some fifteen officers, being all the reliable
men whom we had been able to collect, the counsel, and some
newspaper reporters,--that Mr. Warren, at this time, which was
about half past 12, returned from the navy yard, and informed me
that he had seen Commodore Downes, who said he could not grant my
request,--that I despatched what officers I could spare to ask such
of their friends to remain as would assist, and to procure all the
additional force possible, intending to use the court house as a
place of detention. That Mr. Curtis, also left. That crowds of
negroes and others began to gather about the court room, and in the
passage ways leading to the court house,--that I went to one of the
messengers who had charge of the building, and desired him to have
all the court house doors closed as soon as possible, which were
not necessary for use.

That, at or before one o'clock, Mr. Ebenezer Noyes, the messenger
of the U. S. court, was despatched to the city marshal, whom he
informed that the U. S. marshal wanted every man that he could send
to keep the peace in and about the court house, to which the city
marshal replied, that he had no men in, but would send them over as
they came in. That at about two o'clock, all the counsel had left,
except Mr. Charles G. Davis, and a reporter, who I learned was
Elizur Wright, one of the editors of the Commonwealth newspaper;
that as the door was opened for them to leave, which opened
outwardly, the negroes without, who had filled the passage way on
the outside, took hold of the edges of the door as it opened, and
then a struggle ensued between the holders of the door within, and
those without. That