l in the
Court-House.

Mr. Dana here proposed to put in the testimony given by Mr. Davis on the
examination of Mr. Wright, on the ground that the government had asked
Mr. Clark whether he heard Mr. Davis's testimony in Mr. Wright's case,
and he had stated a portion of it.

Mr. Lunt objected.

Mr. Dana said the government had put it in either as conversation or as
confession. In either case the defendant was entitled to the whole of
it, under the general principles of evidence.

_The Commissioner._ You may put in all that part of Mr. Davis's
testimony which concerns the statement of transactions which Mr. Clark
testified that Mr. Davis said, but no more.

Mr. Dana then read a small portion of Mr. Davis's testimony, and said he
should rest his defence for the present.

_J. S. Prescott_, recalled by the government.--I recollect seeing Mr.
Warren in the passage-way after the man was carried down stairs; but he
was not the person I saw before the rescue, and who went in by the door
next to the Marshal's desk. That man spoke to one of the colored men. I
also saw a man come out of that door, go into the closet, and return
into the court room by the same door.

_Cross-ex._ I saw Mr. Warren start on the run down stairs. Saw Mr. Neale
too. I said to him--"What, have they rescued the man?" and he said they
had. He appeared agitated. At the time I spoke to Mr. Neale I knew they
had taken the negro out. I spoke to Mr. Neale because I took him for an
officer. I was at the Court House to see a Mr. Pearson in the Supreme
Court.

After the rescue I had some conversation in Court Square on Saturday
afternoon with Mr. Simon Hanscom, a reporter. I did not tell him I was
in the Court Room; but told him I was present when the crowd rushed in.
I knew that several people saw me there. I had been told I had been seen
there. I felt it to be my duty to tell Mr. Riley what I knew about the
proceedings, as I regarded it as outrageous. I may have said in one
sense, I was glad the man had got away, so far as he was concerned. I
gave notice first to Mr. Riley of what I knew. I expected to be called
as a witness. Knew that it was known I was here. Think I should not have
spoken to Mr. Riley if I had not known that I had spoken of having been
here. I do not exactly approve of the law, for I think there might be a
trial by jury; but so long as it was the law, I did not want to see it
put down in the manner it was. Some one pointed me out to Mr.