o'clock—this was some few minutes before the rescue. Mr. List had just left with my copy of warrant, and had not returned at the time of the rescue,—did not know the use to be made of it. My impression is, that Mr. Sewall, yourself and Mr. Wright, were moving out together, but that Mr. Sewall got out before you did. There were three persons to leave, and I think you were all gradually moving to the door—I had no doubt you could get out safely and without disturbance—can't say you conversed with Mr. Wright or the preacher—there was some general conversation—saw you and Mr. Wright have no private conversation. I told Mr. Wright he might remain if prisoner assented. Perhaps the prisoner would like his counsel—Shadrach assented. I let Mr. Wright go up and speak to prisoner; I kept my eye on Mr. Wright when he spoke to the prisoner—he went up and took hold of his hand—Mr. Loring left the room sometime before. When Mr. Wright came in, I was surprised. You said Grimes better not come in—counsel asked me if a friend might remain with prisoner during his arrest—Messrs. List, Sewall and Davis were present—can't swear who asked me.

To the Commissioner. Some colored friend I supposed—can't swear it was Davis asked it.

Mr. Dana. Do you know the person you arrested, was the person named in the warrant?

Answer. The person rescued was the person arrested under the warrant, but cannot say he was the person named in the warrant.

The Commissioner. Do you contradict your return? The return is conclusive.

Mr. Lunt. Mr. Riley, do you mean to contradict your return! I warn you, Sir!

Mr. Dana. He has contradicted it. Mr. Riley, you didn't know that the person you arrested was the man named in the original warrant and complaint, as the slave of Debree?

Mr. Lunt. I warn you, Mr. Riley, not to give that testimony! I warn you, Sir!

The Commissioner. The return of the officer is conclusive.

Mr. Dana. Does the Commissioner mean to rule that a man may be hung in a criminal case, on the return of an officer in another, and that a civil case? This case goes further. Here the very man who made the return is on the stand. Cannot we show by him that a part of this return is matter of form, and that he does not know whether it is true or not?

The Commissioner. I think, Sir, the return of the officer is conclusive in all these proceedings.

Mr. Dana. But the fact is already in—and the return is nullified. The objection is too late.

The Commissioner. If he has answered, it may go in, de bene esse.

Mr. Lunt. Does the Commissioner mean to rule in that testimony?

The Commissioner. I receive it de bene esse; to give such weight to it as I shall think proper.

Mr. Dana. Mr. Riley, do you know whether the man you arrested was the man named in the original warrant?

Mr. Riley. Hardly a man is arrested known to the officer. The officer is responsible for mistakes. I don't know that the man arrested was the man named in the warrant.

Did not apprehend a rescue or an attempt when Davis left. He left at my request at the time he left. He did not leave the room from all I saw, until his final departure—don't recollect seeing him outside the bar, nor conversing privately with any person beside counsel. He is known to me as a counsellor practising law in Circuit Court.

To District Attorney. There might have been fifteen persons in court room when I left. My attention was not directed to Davis particularly. He might have been absent without my knowledge.

To Mr. Dana. I kept my eye on the door after the room was cleared—ordered that no one should be admitted.

Charles Sawin, Dep. Marsh. Soon after Mr. Davis came in and sat down, he rose, coming towards me, and asked who Mr. Clark was, whether he was a southern man? I said, "No, that he was a citizen of Boston, and had been for some years." I asked Mr. Davis what there was in the wind, and he replied—"Not anything that I know of." He then added, "This is a damned dirty piece of business." This was before the proceedings before the Commissioner had closed. Afterwards when the proceedings had ended, Mr. Byrnes was standing within the rail and I was outside, Mr. Davis said, "Well, you ought all to have your throats cut." The attorneys were present. In all there were about twenty persons present. It was after the order had been given to clear the room. I made no reply to remark. I thought it was uncalled for. I missed Mr. Wright and Mr. Davis about the same time. I did not see him go out. I was near the prisoner. I saw a tallish man whisper in the prisoner's ear during the hearing. The prisoner then took off his coat, and rolled up his shirt sleeves, and adjust his neckerchief and look kind of fierce. It was a white man that whispered to the prisoner. Mr. Davis might have been gone a minute before the rush was made to break in.

Cross examined by Mr. Davis. I don't know that your remark was, "this is damned dirty business for you to be in." My impression is that you did not qualify it. I did not consider it mean business. I thought it was legal business. I don't know that what you had said was the conclusion of a conversation that you had been having with Mr. Byrnes, and I don't recollect that the remark was, "Well, then, you ought to have your throats cut." Mr. Byrnes was near, and so were others of the counsel with you. There was a Mr. Morris, or Morrison, with them.

Mr. Davis. What Mr. Morris?

Sawin. That one! (pointing to Mr. Morris, who was in the bar) The little darkey lawyer!

The Commissioner. Mr. Morris is a member of the bar, and entitled to be spoken of with respect, as much as the white lawyers who were engaged in the case.

Sawin. I meant no disrespect. I only used the expression for the purpose of designating the man.

Mr. Dean. The remark seems to amuse the district attorney.

Mr. Lunt. I cannot always control my muscles.

Sawin. (To Mr. Davis.) Have known you four or five years—never told you I was Deputy Marshal. Have given you business—considered the remark not unfriendly—didn't think much of it. The man was arrested in his apron and shirt sleeves—coat was afterwards brought in—don't know that he put his coat on again before the rescue. Heard Mr. Riley say to him, "Now, pretty soon, we'll have dinner." This was about the time you went out—thought you were counsel all the time.

Fred. D. Byrnes. Am a Deputy Marshal. Saw Davis in room on Saturday sometime while proceedings were going on. The first thing I heard Mr. Davis say, was "Damn mean business." The prisoner was in the bar. Mr. Sawin was on one side of the prisoner, and Mr. Clark on the other. Mr. Davis was within two feet of the prisoner, and I was near Mr. Davis. This was before the adjournment. Afterwards, near the rail on the left of the room, Mr. Davis came along and put his hand on my shoulder, and said—"This is a damned pretty mess," or, "you are a damned pretty set," and "every one of you ought to have your throats cut." After that, and when nearly all the people had left, Mr. Wright and Davis came along, and I said to Mr. Davis, "I always took you for a gentleman until to-day, but I am very sorry to say I can't say it now." He said, "Why?" I repeated his remark about cutting our throats, and he replied—"Well, I say so now." Mr. Davis then went out. I saw nothing out of the way when he went out. After Mr. Wright had passed out, I saw Mr. Davis near the wall on the right of the door, and close to the steps. I heard a voice that I then took to be Mr. Davis's, say—"Take him out, boys—take him out." I did not see his lips move, but I thought it was him who spoke the words, and I think so now. I am