or without money or price, it is a case
like this. I think it a monstrous thing, unless it be a case beyond
doubt, that counsel should have been selected to be proceeded against in
this manner.
I take the facts to be these:--Mr. Davis, being a counsellor of this
Court, and possessed of no small sympathy for persons in peril of their
freedom, when it was known that a person claimed as a fugitive slave was
arrested, and in a few hours, perhaps, to be sent into eternal
servitude, Mr. Davis steps over to my office and suggests to me that we
offer our services as counsel. He leaves his business, which is large,
while five courts are in session in this building. He sits here that
whole Saturday forenoon by the prisoner, to whom he is recommended by
Mr. Morton. He is twice spoken of to Mr. Riley by the prisoner, as one
of his counsel. He sits from eleven to two o'clock, absorbed in this
case, his feelings necessarily excited, (and I should be ashamed of him
if they were not excited,) but his intellectual powers devoted to the
points of law in this case, and your Honor knows that the points are
various and new. By the courtesy of the Marshal, the counsel were
permitted to remain here, because the Marshal had not yet determined
where to keep his prisoner. They remained until the time for the
prisoner's meal. When the business is over, they leave. Some one must go
out first, and somebody must go out last. It is nothing more nor less
than the old rule of "The Devil take the hindermost." Mr. List leaves
the Court-room--Mr. Warren goes out. All the officers are to go to
dinner, and the door is to be opened and closed each time. Dinner is to
be brought in. Twenty times that door is to be opened.
In the mean time about that door is collected a small number of persons
of the same color with the person then at the bar, very likely, perhaps,
to make a rescue, some advising against it, and some for it, with
considerable excitement. Mr. Davis slides out of that passage-way and
goes to his office. Mr. Wright is prevented from going by the crowd. Not
a blow is struck. Not the hair of a man's head is injured. The prisoner
walks off with his friends, straight out of this Court-House, and no
more than twenty or thirty persons have done the deed. Three men outside
of the door could have prevented the rescue. Mr. Riley did not suspect
it. Mr. Warren did not suspect it. Mr. Homer did not suspect it. Mr.
Wright did not suspect it. Nobody suspect
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