and Mr. Hutchins, who saw Mr. Davis at the moment, and
were outside, say it did not come from him, but from the negroes, and
Prescott attributes it to the negroes. Four men were nearer to Mr. Davis
than Byrnes was, and all of them exculpate Mr. Davis. And Byrnes is
confessedly hard of hearing, and not particularly familiar with Mr.
Davis' voice. Moreover his character for truth and veracity is
impeached.

Mr. Davis was on or near the platform when Mr. Homer saw him. Mr. Adams
met him on the lower floor, by the Marshal's office, while the noise was
going on up stairs; talked with him two or three minutes, and walked
round the building, and saw the crowd go up the street. This proves that
Mr. Davis did not linger near the rescuers; nor did he absolutely run
away, or fly, as a man would who desired to avoid discovery. On the
contrary, he did just as any other person would have done. He staid long
enough to let himself be seen by several persons, but not long enough to
be of any aid to the rescuers. Nothing can be clearer of cause for
imputation, than the conduct of Mr. Davis in the entry and on the
stairway.

Such, please your Honor, is all the evidence against the defendant. It
is reduced to an exclamation on the stair-case, sworn to, not very
confidently, by a deaf man, who was too far off to hear well at any rate
of hearing, denied by three officers, with good hearing, two of whom
were outside, while a dozen voices were calling out the same thing at
the same moment; the moment, too, one of alarm and excitement on the
part of the officers. If such evidence is sufficient, who can be safe?
Who would dare to act as counsel in any case of public excitement, with
a suspicious and angry government watching every motion, served by
officers of broken down reputations?

Please your Honor, I have done with the testimony. On what principles of
proof is the judgment to be made up?

The Constitution requires that no person shall be arrested without a
warrant supported by oath. The Act of 1789 requires these proceedings to
be conformed to proceedings in the State Courts. In Massachusetts it has
always been required that the complainant shall be first examined on his
oath. In this case there has been no examination under oath. Mr. George
Lunt, has sworn, "so help me God," that Charles Gideon Davis, a
Counsellor of this Court, has aided in rescuing the prisoner. Yet, so
help him God! he knew nothing about the facts. He has made oat