Mr. Davis was twice recognized by
Shadrach as his counsel. When I came in to the court room, Shadrach
appeared excited, and was talking a good deal. I told him he had better
keep his mouth shut, and not to speak to any person except his counsel.
He asked who he should have, and I designated among others, Mr. Davis
for counsel.
_Cross Examined._--I communicated my intention to E. G. Loring. I was to
have an answer from Colonel Thomas on Monday morning. I don't recollect
mentioning this to any of the counsel. I did mention it to several
people. The case had been postponed till Tuesday, before I called upon
Colonel Thomas.
_Charles List, Esq._, Counsellor at Law. I was in this room on Saturday.
Mr. Davis was here in the capacity of counsel for Shadrach. I heard
Shadrach ask him to serve as counsel. Mr. Davis joined Mr. Sewall and
myself at the table in examining the papers sent on by the owner for
establishing his claims to Shadrach. Mr. Davis examined them very
thoroughly, and expressed a decided opinion that the papers were not
sufficient under the statute. I asked Mr. Davis who the men guarding the
prisoner were. He said one was Sawin, whom he knew well, and he would
inquire of him the other's name. He did so, and told me his name was
Clark. Did not state to Davis my object in asking. Was told here there
were to be proceedings for habeas corpus. I asked Riley for copy of the
warrant. He said he had one for Mr. Dana, which he was to have before 2
o'clock. I told him if he would let me have it, I would give it to Mr.
Dana before 2. Sewall and Mr. Davis were then present. I went to Mr.
Dana's office. I left eight or ten minutes before two, leaving Mr.
Davis. I think Mr. Davis did not leave the court room any time while I
was there. I was there from the commencement of the hearing, except for
a short time that I stepped into the law library, to see if a particular
gentleman was there. I think I went into the library before the
Commissioner left. I spoke with Mr. Davis frequently in the court room,
and I think I should have known it, if he had gone out. No attempt had
been made to force the door when I left. I had no difficulty in getting
through the people in descending the stairs, or going through the
passage, getting out of the court house.
_Mr. Dana_ here proposed to prove that Mr. Davis at various places and
times had advised the colored people against acts of violence. [The
Commissioner was inclined to allow the
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