It is clearly proved that there was no suspicion of a rescue, either in
the court room or in the entry, until the instant it took place.
Prescott did not suspect it. Mr. Homer, the highly respectable assistant
clerk of the Municipal Court, who saw the whole occurrence from the
stairway, did not think it would be any thing serious. Mr. Warren, the
Deputy Marshal, passed through the group at the door twice, but two or
three minutes before the rescue, and suspected nothing. Five Courts were
in session, and persons were passing up the stairs and through the
passage-way to the last moment, and suspected nothing. The officers
inside suspected nothing. Their defence against negligence is the
defence of Mr. Davis. Mr. Davis knew that Mr. Morton expected to
purchase the freedom of Shadrach. He had confidence that the documentary
evidence was fatally defective. He was engaged to attend the
consultations on the defence, and on the Habeas Corpus, that afternoon.
He saw that Mr. Curtis was not disposed to hurry matters, or to deny the
prisoner full opportunities for defence. And I will do Mr. Curtis the
justice to say that I have no doubt it was his object to exhibit this
law to us in its most favorable light; to justify its makers as far as
possible. Mr. Davis neither knew, nor suspected, nor thought of a rescue
at that door. Every witness says he went out of the door in the usual
manner, except Hutchins, and when Hutchins thought he should have gone
out in full front, instead of side-wise, your Honor well asked how
otherwise could he have gone out, with a crowd against the door, and in
the passage? I see that your Honor thinks nothing of that; although in
the more jealous eye of the District Attorney, it is matter of
suspicion. To minds so disposed, there is nothing but is proof of guilt.
If Mr. Davis had marched out in full front, it would have been in order
to open the door wider, for the conspirators to rush in. Just so in the
case of poor Shadrach's coat. Yesterday the District Attorney was
certain that Mr. Davis, or some one apprised him of the intended rescue,
because he pulled his coat off. Now, when it is proved, by the
government's own witnesses, that Shadrach afterwards put his coat on
again, I suppose his putting it on will be just as good proof of the
same thing.

Mr. Byrnes, thinks he recognized Mr. Davis' voice in the entry, calling
out, "Take him out, boys!" But the same cry was uttered several times,
and Mr. Homer