ss,--that it is
proper to state here that neither the marshal nor his deputy is
authorized by law to employ a permanent force sufficient to resist
a mob; and that he has no authority to call to his aid the troops
of the state or of the United States.
P. RILEY,
U. S. Deputy Marshal, Massachusetts District.
* * * * *
Commonwealth of Massachusetts, Suffolk County, February 17,
1851.--Then personally appeared the above named Patrick Riley, and
duly swore that the foregoing deposition by him subscribed is true,
as to facts stated to be in his personal knowledge,--and that he
believes that the statements therein given as made to him by others
are true.
HORATIO WOODMAN, Justice of the Peace.
* * * * *
After the reading of the above return, Samuel E. Sewall, Esq., protested
against placing the whole of the last named affidavit on file, as a part
of the return, inasmuch as it purported to narrate facts which took
place previous to the last hearing, and the order thereon.
The Commissioner inquired of Mr. Sewall, for whom he appeared. Answer,
"For the alleged fugitive, called Shadrach."
The Commissioner,--"You cannot appear for a person who has avoided
process."
Mr. Sewall. "The return in question shows, that he was forcibly removed.
He is claimed as property. There is no evidence before the Commissioner
that he has voluntarily avoided. So we are ready to proceed if the
Commissioner chooses."
The Commissioner. "You cannot address the Court, Sir. It is well
settled, that a person who avoids process, cannot appear by attorney.
The Marshal may make such a return as he sees fit. I cannot interfere.
But I will say that the return seems to me proper, and it may be filed."
Mr. Curtis declared the proceedings suspended, and ordered the Marshal
to proclaim the Court adjourned indefinitely.
* * * * *
On Monday the 17th of February, 1851, Charles G. Davis, Esq., of Boston,
an attorney, and counsellor at law, was arrested upon a warrant issued
by B. F. Hallett, Esq., a U. S. Commissioner, upon complaints made to
the District Attorney, a copy of which is subjoined. Mr. Davis gave bail
for his appearance.
* * * * *
Thursday morning, February 20, 1851. U. S. Circuit Court Room. Before B.
F. Hallett, U. S. Commissioner.
_United States, vs
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