er was given for clearing the court room, I
saw a man standing behind the rail, who was disinclined to leave. He
left rather slowly, and, as he was leaving, he reached his hand over to
the prisoner, and, I believe, calling him "Fred," said--"We will stand
by you till the death." It was a colored man.

_Jessee P. Prescott_, in the employ of the Fitchburg Railroad Company,
testified that he was present in the passage way at the time of the
rescue, and described the scene. A stout negro man came up the passage
way from the supreme court room. He was peculiarly dressed, and two
negroes said to him--"You are just the man we want." Another
said--"That's the boy for them," pointing to him. There being some
difficulty in getting the door open, some sung out--"Go it. Life or
death, we are prepared for 'em." Another said--"Damned bloodhounds."
Others said--"Knife 'em." One man, whom he took to be a minister,
dissuaded the other party from acts of violence. Saw the rush into the
court room, and saw the fugitive borne out in the arms of four or five
persons. I am sure I saw Mr. Davis go into the court room by the east
door, some five or ten minutes before the door was forced open. One man
had a sword.

_Cross examined._ I had seen Mr. Davis before. I had seen him at the
Thompson meeting at the Tremont Temple. I think I had seen him trying a
case in court also. Saw you at the Chaplin meeting. The person I took to
be you was in a hurry--had no hat on, and spoke to a man as he was
coming in. Said, "How do you do," merely. It was not more than ten
minutes before the adjournment.

Mr. Lunt here rested the case for the prosecution.

Mr. Dana moved the discharge of the defendant, on the ground of failure
of proof, to raise the question of the construction of the statute, and
asked the commissioner if he adhered to his ruling in Mr. Wright's case.

The commissioner denied the motion, and said that he considered it
sufficient for the Government to prove that a person claimed as a slave
had been rescued.

TESTIMONY FOR THE DEFENCE.

Mr. Davis now called a number of witnesses for the defence, and Mr. Dana
gave notice that the first set to be examined were expected to testify
to the character of the government witness, Frederick D. Byrnes, for
truth and veracity.

* * * * *

William Ross was called to the stand as to the character of Byrnes, but
Mr. Byrnes being absent, was withdrawn.

Mr. Riley re