me that a
man had just been arrested as a fugitive slave, and was before the
Court, and proposed that we should offer our services as counsel. I
asked if he had counsel. Mr. Davis said it was a sudden arrest, and a
case for volunteers. We went over to the Court Room. The Court was in
session. There was a division of labor. It was agreed that I should take
charge of the Habeas Corpus and of a writ _de homine replegiando_, and
Mr. Davis was to remain and assist at the hearing. I went to the
Marshal's office, and there drew up a petition for a habeas corpus, and
filled out a writ _de homine replegiando_. Deputy Marshal Warren was
present. I left word with the counsel to send me down some one to swear
to the petition in the prisoner's behalf. Mr. Morris came with Mr.
Loring and swore to the petition. I then went to Chief Justice Shaw, and
asked for the writ. He refused it, for reasons which he gave. I returned
to the Court Room, reported my proceedings to the counsel, and prepared
to obviate the objections of Judge Shaw. Mr. Davis knew of all these
proceedings. Just then Mr. Curtis adjourned the Court to Tuesday.
Finding that there was to be no hurrying, I agreed with the counsel,
(including Mr. Davis.) to meet them in consultation at 3-1/2 P.M., at
Mr. Sewall's office. Bespoke a copy of the warrant from Mr. Riley, and
returned to my office. A little after half past one, I received a
message that, by the Marshal's permission, the counsel were to remain
awhile in the Court Room for consultation, and wished me to join them
there. I sent word that I would come immediately. I was accidentally
detained, by a client, until nearly 2 o'clock, and, in the interval, the
rescue had taken place.

_To Mr. Lunt._ I heard some conversation from people of all opinions, in
the way of conjecture or inquiry as to whether the blacks would resort
to force, but nothing in the way of advising or planning such a course.

_Mr. Lunt._ Can you say that none of those who acted as counsel here,
spoke of it?

_Mr. Dana._ I can say, most positively, that I never heard one of the
gentlemen who acted as counsel here, say any thing in the way of
advising or planning a resort to violence, or that indicated any
knowledge or belief on their part that it would take place.

_Mr. Lunt._ Did you attend the meetings at Faneuil Hall in October,
relating to the Fugitive Slave Bill?

_Mr. Dana._ One I did, the other I did not. I do not recollect the
dates. When