t said
did not take place. Prescott said there were officers knocked down at
the door, that one colored man knocked an officer under the rail of the
bar, and another took the sword and brandished it in the room. Mr.
Davis, who was inquired of on that point, said that there were no blows
struck. Don't know what part of the transaction Davis spoke of.
Therefore the information he received from Mr. Prescott was not used in
making up the account of the rescue which was given in the Commonwealth
"extra" published on Sunday morning.
_Cross examination._ Mr. Prescott said it was well done, and he appeared
very much pleased, as many others did. I was also very much pleased at
the escape; and am always gratified at a person's gaining his liberty.
He had no recollection of expressing any approbation of the manner of
the rescue. I am not in favor of violating the laws. I should have been
very glad if Shadrach had not been arrested.
_Mr. Lunt._ Is Mr. Davis often at the office of the Commonwealth?
_Mr. Hanscom._ I have seen him there once or twice before the rescue,
and once since.
The evidence was here announced to be closed on both sides, and the
court was adjourned to Tuesday, 10 o'clock.
* * * * *
MR. DANA THEN ADDRESSED THE COURT, AS FOLLOWS:
_May it please your Honor:_
Certainly, Mr. Commissioner, we are assembled here, this morning, under
extraordinary circumstances. I am not aware that since the foundations
of our institutions were laid, since we became an independent people,
since the Commonwealth of Massachusetts had an independent existence,--I
am not aware that a case similar to this has once arisen. I do not know
that ever before in our history, a judicial tribunal has sat, even for a
preliminary hearing, upon a gentleman of education, a counsellor of the
law, sworn doubly, as a Justice of the Peace, and as a Counsellor in all
the Courts, to sustain the Constitution of the United States and the
laws made in pursuance thereof,--a gentleman of property, family,
friends, reputation, who has more at stake in the preservation of these
institutions than nine in ten of those who charge him with this
crime;--who stands charged with an offence (in the construction now
attempted to be put upon the statute) of a treasonable character, a
treasonable misdemeanor, an attempt to rescue a person from the law by
force, an attempt to set up violence against the law of the land.
Therefor
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