iates and co-laborers, who had been
formed into an organized body in this city. He did not content himself
with going out when Hutchins opened the door for him. He braced his back
against the door-post, and pushed against the door to open it wider.
Then came the cry--"Take him out, boys!" And Byrnes had sworn it came
from Mr. Davis. Connected with Mr. Davis's leaving the room was another
significant fact. Almost at the moment that he, quitting that part of
the room where the fugitive was, started to go out, the fugitive rose,
put on his coat, and appearing to be excited, walked forward, just as
the first cry was raised.

Mr. Davis lingers on the stair-case, and goes to his office, not knowing
or caring, he would have us suppose, what had been the issue. Upon this
evidence, it seems to me a clear case for holding the party over for
further examination and trial.

* * * * *

_Wednesday, Feb. 26._ Upon the opening of the Court the Commissioner
delivered his decision.

He commenced by stating the offence under the statute with which the
defendant is charged, and stated that he should confine himself
principally to the question whether the defendant was aiding or abetting
the person who had been arrested, and that the legal decisions upon the
construction of the statute were merely for the purposes of this
examination. The Commissioner then reviewed the evidence as to the
expressions of the defendant in the court room, and stated that it had
been proved that the defendant said the officers of the Court ought to
have their throats cut. No notice was taken in the opinion of the
evidence of Geo. W. Minns, Esq. The following extracts are made from the
opinion of the Commissioner.

"The defendant has also volunteered the statement in this court, when
called as a witness in the preceding examination, that he was glad the
prisoner was free, and when further questioned, he left it unexplained
whether that opinion also embraced the unlawful means that had been
used."

"These facts have a legal bearing upon the _animus_, the wilful intent
with which any act may have been done, by the defendant to aid in the
rescue; and I should fail in the duty of a magistrate at this time, and
under all the circumstances surrounding this examination, to permit to
pass unrebuked any manifestation of a resistance to or contempt of legal
process, especially when coming from intelligent citizens and men in
official