tural expression of
a stranger. The other words testified to by others were, "take him out."
He goes down, and does not interfere, according to his own statement. He
shows no disposition to prevent a rescue.

The Commissioner inquires whether not interfering may not be indirectly
aiding and abetting.

_Mr. Lunt._ I am not ready to take that ground at present.

_The Commissioner._ He is undoubtedly liable, as a magistrate, and
subject to a fine of $300.

Mr. Lunt reviews the evidence of what took place in the entry, argues
that Mr. Homer could not have seen the whole disturbance, says that as a
professional man, he can't say it is proved beyond a reasonable doubt,
that Mr. Davis uttered the words "take him out, boys," and does not
think they would satisfy a jury, taken by themselves. But there was
reasonable cause for binding him over. Mr. Prescott shakes my confidence
in my preconceived opinions upon the subject, as to whether Davis went
out or not. I did not think before that Davis went out. Mr. Prescott
cannot be mistaken. Mr. Prescott's testimony is not met by the negative
testimony of Mr. Riley, for it was impossible that Mr. Riley could have
constantly watched the left hand or easterly door, while talking with
others or disputing with Mr. Wright. If he did go out then, he had an
opportunity to concert a signal with the colored men without.

Mr. Lunt argued to show the intenseness of Mr. Davis's interest and zeal
in opposition to the law, that it was avowed by him under oath upon the
stand; that showed his predisposition and excited state of mind upon the
subject, and the greater liability of his being betrayed into an act of
overt resistance to the law, if an opportunity occurred. This excited
state of mind continued in the court room, as was proved by his
addressing the officers in the abusive and sanguinary terms used by him.
Up to the moment of leaving the court room, and when expostulated with
by the officer, for saying he and others ought to have their throats
cut, he admitted that he had said so, and that he said so again. Clark
and Hutchins heard the cry--"Take him out boys;" and Byrnes, whose eye
was fixed on Mr. Davis, was certain that they came from him.

The words were uttered. He was in that peculiar state of mind, which
rendered such words the natural expression of his feelings, and they
were in perfect accordance with the general purpose of resistance to the
law publicly promulgated by his assoc