*

"The only other evidence refers to the manner the defendant went out of
the door. Hutchins, who passed him out, says that the defendant turned
his back to the wall, the outer corner of the casement, instead of going
directly forward, and put his head on the outer door, and then it
started and was forced open. This act, as it was exhibited to the
Commissioner, by the witness, is not inconsistent with the explanation
that it was the result of the rush and pressure without, and the force
there applied to the door; and if the attack was unexpected by the
defendant, his neglect to interpose resistance to the forcing of the
door, or to aid the officers, which it was his duty to have done, and
which, it has been urged by the district attorney for the prosecution,
with much force in the argument, may have been caused from sudden
surprise or agitation. And even if, as the previous and subsequent
conduct of the defendant might lead to infer, was a wilful omission of
duty, especially in a magistrate, yet, if unaccompanied by any act or
expression, aiding in, or inciting to the rescue, and in the absence of
a call from a proper officer for assistance, it is not the distinct
offence charged in the complaint, or defined in the statute; and the
party, if answerable, is so in another form and tribunal. It is further
to be considered, as suggested by the counsel for the defence, that the
decision in this hearing is not final, or in any legal form conclusive,
and as the defendant has a permanent locality, leaves the inquiry open
elsewhere, should this evidence or further proof require it. Upon the
whole evidence, therefore, and applying the rule which should govern
preliminary examinations, of not binding over a party accused, without
testimony beyond that which might constitute legal probable cause for
his arrest and examination, I shall order that the defendant be
discharged."

The commissioner now addressed the defendant personally, and
said--"Charles G. Davis, the court order you to be discharged, and go
without day."

Act of Congress of 1850.

AN ACT TO AMEND, AND SUPPLEMENTARY TO THE ACT, ENTITLED "AN ACT
RESPECTING FUGITIVES FROM JUSTICE, AND PERSONS ESCAPING FROM THE SERVICE
OF THEIR MASTERS," APPROVED FEBRUARY 12, 1793.

_Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled_, That the persons who have
been, or may hereafter be, appointed commissioners, in v