s conclusive.

_Mr. Dana._ Does the Commissioner mean to rule that a man may be hung in
a criminal case, on the return of an officer in another, and that a
civil case? This case goes further. Here the very man who made the
return is on the stand. Cannot we show by him that a part of this return
is matter of form, and that he does not know whether it is true or not?

_The Commissioner._ I think, Sir, the return of the officer is
conclusive in all these proceedings.

_Mr. Dana._ But the fact is already in--and the return is nullified. The
objection is too late.

_The Commissioner._ If he has answered, it may go in, _de bene esse_.

_Mr. Lunt._ Does the Commissioner mean to rule in that testimony?

_The Commissioner._ I receive it _de bene esse_; to give such weight to
it as I shall think proper.

_Mr. Dana._ Mr. Riley, do you know whether the man you arrested was the
man named in the original warrant?

_Mr. Riley._ Hardly a man is arrested known to the officer. The officer
is responsible for mistakes. I don't know that the man arrested was the
man named in the warrant.

Did not apprehend a rescue or an attempt when Davis left. He left at my
request at the time he left. He did not leave the room from all I saw,
until his final departure--don't recollect seeing him outside the bar,
nor conversing privately with any person beside counsel. He is known to
me as a counsellor practising law in Circuit Court.

_To District Attorney._ There might have been fifteen persons in court
room when I left. My attention was not directed to Davis particularly.
He _might_ have been absent without my knowledge.

_To Mr. Dana._ I kept my eye on the door after the room was
cleared--ordered that no one should be admitted.

_Charles Sawin, Dep. Marsh._ Soon after Mr. Davis came in and sat down,
he rose, coming towards me, and asked who Mr. Clark was, whether he was
a southern man? I said, "No, that he was a citizen of Boston, and had
been for some years." I asked Mr. Davis what there was in the wind, and
he replied--"Not anything that I know of." He then added, "This is a
damned dirty piece of business." This was before the proceedings before
the Commissioner had closed. Afterwards when the proceedings had ended,
Mr. Byrnes was standing within the rail and I was outside, Mr. Davis
said, "Well, you ought all to have your throats cut." The attorneys were
present. In all there were about twenty persons present. It was after
the order h