e right.

_To the Commissioner._ Mr. Davis's back was against the door jam, or
door post on the right, when his hand was on the door. [Witness goes to
the door, and explains the position of himself and Mr. Davis, at the
moment Mr. Davis had his hand upon the partly opened door.] The door
opens outwardly from right hand side. Didn't see Davis afterwards.

* * * * *

Col. Seth J. Thomas was next called, and put, by the counsel for the
defence, on his _voir dire_, as to any interest he might have in the
penalties provided in the act. He answered that he was the counsel for
Mr. De Bree, the owner of the alleged fugitive, and that he had received
written instructions from his client in relation to the case of
Shadrach; but he did not hold such a power of attorney as is
contemplated in the fugitive act. His relations to the case were those
of an attorney and counsellor of law, and as such he had advised with
Mr. Caphart, the agent, who held such a power of attorney from Mr. De
Bree as is intended in the act. Fees in no manner depended upon the
result of the proceedings in the case.

Mr. Dana inquired what was to be proved by this witness.

_Mr. Lunt._ That the person under arrest was claimed as a fugitive.

_Mr. Thomas._ Was here on Saturday last, saw a person called Shadrach,
who was alleged to be a fugitive slave.

This evidence was strongly objected to as hearsay, but held admissible
by the Commissioner.

_Cross examined._ My means of information is confined to others. Don't
know that I ever saw the negro before.

The Commissioner said that he had ruled that the Government were not
obliged to show that Shadrach was a slave, and that no further evidence
was necessary to show that he was arrested and escaped.

_Mr. Davis._ The question now arises under the present warrant and
complaint, which alleges not only that one Shadrach was a fugitive
slave; but that the same Shadrach who was a slave to one De Bree, was
rescued. The Commissioner has ruled that the Government are not obliged
to prove that the man under arrest was a fugitive, or was a slave. Does
the Commissioner also rule that the Government need not show that the
man arrested was the man claimed, and that the man rescued was Shadrach?

_The Commissioner._ The Government may prove by Col. Thomas that the man
arrested was the man claimed.

Here the question was discussed, whether the prosecution were bound to
prove that the c