The New York Herald Newspaper, May 29, 1854, Page 2

ide. THE FUGITIVE SLAVE CASE IN BOSTON. FURTHER PARTICULARS OF THE RIOT. The Boston Military and United States Marines on Guard. The Owner of the Slave Arrested and Held to Ball. BIAMINATION OF BURNS. Determination of the Mayor to Preserve | ‘the Peace. Arrest and Arraignment of the Rioters, he, ke, &. [From the Boston Journal, May 27.] No unusual excitement was perceptible about the Court House during the day yesterday, and the fu- gitive, Burns, remained under guard. During the forenoon, a writ was issued by Seth Webb, Esq., on an action of tort, for the recovery of $10,000 da- mages against Messra. Charles F. Suttle and Wil- liam Brent, ‘for, that the said Tuttle and Brent on the 24th day of May instant, well knowing the said Burns to be a free citizen of Massachusetts, con- | aspired together tohave the said Burns arrested and imprisoned asa siave of said Suttle, and car- ried to Alexandria, Va.,” &., &c. Lewis Hay- den, a colored man, was the complainant in the case. The writ was served upon Messrs. Suttle and Brent, and they gave the required bail in the sum f $5,000 each. : - Subsequently, Chief Justice Wells issued a writ of plevin against U. 8. Marshal Freeman, directing at officer to bring the body of Anthony Burns, the itive, before the Court of Common Pleas, on the th day of June next, but the Marshal did not obey order, Soon after Burns’ arrival here, as it now appears, Ae wrote a letter to his brother in Alexandria, who is also a slave of Mr. Suttle’s, stating that he was at work with Coffin Pitts, in Brattle street, cleaning old clothes. This letter he dated in “Boston,” but sent it to Canada, where it was post-marked and sent according to the superscription to Burns’ bro- ther in Alexandria. As is the custom at the South when letters are re- ceived directed to slaves, they are delivered to the owner of such slaves,who opens them and examines their contents. This Sasa to have been the case with Burns’ letter; an roe own hand his place of retreat was discovered y his master. An excited meeting was held in Faneuil Hall last night, to take measures to prevent the return of the fugitive. The meeting was terminated very abruptly by a report that an attempt was then making to res- cue the fugitive. On the abrupt termination of the meeting in Fan- euil Hall, the excited crowd rushed for Court square bg mell, shouting ‘“‘Resoue him!” “Rescue him!” c. Entering upon the eastern avenue, in the space of a minute or two several hundred people had collected. The officers in the building closed | the doors, when some dozen people, some of whom were colored, rushed up the steps, and commenced pounding on the doors. A pistal was fired by some one in the crowd. A pistol was shortly fired on the westerly side of the Court House, when the crowd rushed round the building. Here some thousand people collected in a very brief space of time. Seve- ral pistols were fired in the streets. The crowd immed mence upon the south door and a battering ro some twelve ft upon the stout oa an assault " with axes, shape of a heavy beam), fg ich was at once launched door, The battering ram was wi ed bya dozen or fourteen men, white and rar d,who plunged it against the door until it was stove in, Meantime, several brickbats had been thrown at the windows, and the glass rattled in all directions. The leaders, or those who appeared to act as ringleaders in the mélee, oantingalle shouted — Rescue him!” “ Bring him out!” “ Bring him out!” “ Where is he?” &c., &c. The Court House bell rung an alarm at half-past nine o’clock. When the doors were opened, two or three per- sons rushed into the entry, but the officers in the building, who were mustered in full force on the nee the valorous rioters so warma reception ith clubs and swords, that they quickly retreated the streets. Two shots were discharged in the try, which appeared to intimidate the rioters ewhat, and they retreated to the opposite side of e street. At this time a large deputation of police om the Centre watchhouse arrived upon the ground, and in a few moments arrested several per- sons,and tock them to the watchhouse. Stones were occasionally thrown at the windows, and shouts continued to be made, but. the firm stand of the officers stationed within the building, with the support they received from the police, prevented any farther demonstration. in ¢ saddest part of this outrage on the part of the | mob rests in the fact that human life has been sacri- iced. At the time the mob beat down the westerly door of the Court House, several men; employed as | United States officers, were in the pumage EH using their endeavors to prevent the ingress of the crowd, and among the number was Mr. James Batch- elder, a trackman, in the employ of Col. Peter Dun- | bar, who, almost at the instant of the forcing of the | door, received a pistol shot (evidently a very vowel § charge) in the abdomen. Mr. Batchelder utteres the exclamation, “‘ I’m stabbed,” and falling back- wards into the arms of watchman Isaac Jones, expired almost immediately. The unfortunate man resided in | Charlestown, where he leaves a wife and one or two ebildren to mourn his untimely death. At the time of forcing the door, and just as the fatal shot was fired, one of the rioters, who was standing on the upper step, exclaimed to the crowd, “You cowards! wit yon desert us now?” At this moment the exclamation of Mr. Batchelder, “ I’m stabbed!” was heard, and the rioters retreated to the ce side of the street. nthe meantime a white man rushed into the crowd and distributed several meat axes, with the blades enveloped in the original brown papers. Two or three of these axes were subsequently picked up by the officers, and were deposited in the Centre watchhouse. ~ Shortly after the death of Mr. Batchelder, Coroner | Smith took charge of the body, and will hold an in- quest to-day. After the arrests had been made, the crowd, al- though excited, remained quiet, but a new element was introduced by the arrival of a military compa- ny. The Boston cena A Capt. Evans, were in the streets for their usual drill. When they march- ed up Court street the mob at once supposed them to be the U.S. Marines, come to preserve order, and they were at once saluted with hisses, groans, and other marks of derision. Capt. Evans, seeing an excited crowd, and not knowing anything of the disturbance, immediately marched his command down the west side of the Court House, and halted in the square, the crowd giving way. When the cause of the appearance of the company was ex- plained, the crowd gave them three cheers, aud the company departed. . By order of the Mayor, the Boston Artillery and the’ Columbian Artillety were ordered out, and about midnight they took quarters in the City Hall, where they remained during the night waiting fur- ther orders, A large force of officers were detailed for duty ng the night outside the Court House, and hout the whole evening and night an addi- strong force was inside, fully armed and pre- pered for any ey. ‘uch arrangements fave been made by the U. 8. shal, and by the Chief of Police Taylor, together ) the orders of the Mayor, that any and all at- pts at pers f the fugitive or creating an evil wed mob, will be met with the most certain and casfal defeat. e examination of the fugitive now in custody | be resumed at nine o'clock this morning, and e who are knowing to the facts doubt that jus- will be administered and the laws of the coun- duly executed. tic ‘he ‘following persons were arrested for taking | ve part in the riot, or for specific acts of vio- | sce or misconduct. Aloe G, Browne, Jr., alaw student at Cam- vdge. John J. Roberts (white), of Harrison avenue, for ext neeis ane of the gaslights at the easterly entrance of the Court House. Walter Finney, colored; John Wesley, colored; ‘Wesley Bishop, colored; Thomas Jackson, colored; Henry Howe, white; Martin Stowell, white, of ‘or: cater. ‘oon Thompson, white, one of the above parties, emost in the attack on the westerly door, Clief_ of Police, who was insfintly on the yrang through the crowd, and seizing the tried him to the Centre watchhouse, fol- e crowd. All the persons arrested the lockups in the Centre watch- jorning men of the north, Boylston ions of the city police, were promptly r at A he Chief, and placed on duty outside of the Court House. ? r the door had been forced open John C. | mpted to effect an entrance, but was re- Tonce “asa cit of Boston,” made a few bluster- ing revnarks an, t. The noise of the mob created 9 stampede in the Museum, and much alarm prevailed among the la- r The performances were interrupted, and pio ly belt the avdience lett the house, y the officials, and after demanding admit- | Haur-rast Nive o’Crocx A. M. Afew persons loitered about the Court House through the night, but no fae ocourred | after the melancholy affair in the fore part of the | | evening. | Between twelve and one o'clock last night, De- | puty Marshal Riley peoceaton to East Boston, and calling Y the captain and engineer o the steamer John W. Taylor, chartered that boat for special ser- | vi Steam was got up with despatch, and the proceeded at once to Fort Independence, where shi 1k on board a corps of United States troops, | | under command of Major SeC. Ridgley, and Lieute- | turned to the city, and at half-past six o'clock this morning the troops were quartered within the walls of the Court House. About the same hour that Mr. Riley left for East Boston, officer W. K, Jones was des} Navy Yardin Charlestown with orders for troops, | and in avery short time a corps of United States marines, numbering fifty men, rank and file, under command of Lieut.Colonel Dulaney, with Captain J.C. Rich, First Lieutenant Henry W. Queen, Second Lieutenant A. N. Balser, were also quartered in the Court House, and reported to the U.S, Marshal as | ready for duty. | At an early hour this morning people began to collect about the Court House, viewing the damage done to that building last night by the mob, and dis- cussing the merits of the case, and the circumstances therewith connected. At eight o’clock several hun- dred persons had reassembled, and every moment the crowd increased until the number reached thou- sands. nf | . About a quarter Pes eight o’clock the Columbian | | Artillery, Captain Cass, marched into Court square, | where the, were greeted with hisses, groans, and | | otlter insults from the crowd. The company enter- | ed the Court House, but after a brief stay they took up their quarters in City Hall. | _ Shortly afterwards the Boston Artillery, Captain | Evans, entered the square, and also took their quar- | ters in City Hall. ; Colonel Cowdin, of the Artillery, was in attend- ance at the City Hall, under orders, and the other companies attached to his command are under arms at their several armories, | The Independent Corps of Cadets, Lieut. Col. T. | ©. Armory, commanding, and the Boston Light In- fantry, Ge ip Rogers, are ordered out, and a corpo- ral’s guard from each of the other companies at- tached tothe First Regiment Light under orders at their respective armories, The westerly side of the Court House shows the effects of the assaults made upon it last sighs The door which was forced is well battere bp and there are between forty and fifty panes of glass broken. Two or three of these evidence of having been perforated with bullets. Ten o’Croox A. M. It is estimated that from seven to ten thousand Persons are now in Court square. ‘The body of the unfortunate officer Batchelder, who fell a victim to the unrestrained passions of the | mob last night, has just been removed, by order of Coroner Smith, to his late residence in Charlestown. As the coffin was peing placed in the covered car- | riage which conveyed it out of the square, the nois; | outcries of the assembled multitude were hushed, and quiet reigned until the vehicle which bore the | body had left the square. When other vehicles passéd through the square, | the riotously disposed were quite boisterous, and crowded upon the officers who were stationed about the easterly entrance of the Court House. Three or four of the most forward in these disturbances were promptly arrested and committed to the Centre watchhouse. These summary arrests tended to cool the ardor of the riotous, and order was once more restored for a time, | In company with High Sheriff Eveleth, Mayor Smith appeared on the steps of the easterly entrance of the Court House, and, being introduced by the | Sheriff as the Mayor of the city, briefly addressed he croyd. He expressed regret at the assemblage, and warhed the multitude, as good and peaceable citizens, to quietly go to, their homes, at the same time adding, that a sufficient force was in readiness to preserve the public peace; and that, at all hazards, the laws of the aa try are the laws of the State, and the laws of the Unit States, shall be maintained... (Applause.) Agai beseeching the crowd to disperse quietly, and go to their several residences or places of business, and | remarking that in case they remained, they might be presumed to do so for no good Purpose, his Honor retired, and, in company with the Sheriff, repaired to the City Hall. Just as the Mayor closed his remarks, a colored man made séme demonstration of disrespect, and he was immediately arrested and committed to the watchhouse. A large number of the more orderly portion of the crowd soon retired. The following are the names of the persons arrest- ed this forenoon:—Charles H. Nichols, George Smith | and Edward D. Thayer, (minors,) James Nolan and | John Jewel, (adults,)and William Johnson (colored). ‘The last named is the one who, at the close of the Mayor's address, made o disrespectful and insulting | | remark. < . | Haxr-past Evsven o’Ciock A. M. | For the past hour and a half the crowd have re- | mained comparatively quiet, and their numbers have somewhat diminished. | We learn that the inquest on the body of Mr. Batchelder is adjourned until Monday afternoon next. The Columbian Artillery, Capt. Caas, have just | left the City Hall on relief, and the Independent Corps of Cadets, Col. T. C. Amory, commanding, are marching into the square. | "A detachment ‘of the Boston Light Dragoons, Co. B., have been ordered to be in readiness at their | armory. } The Mayor has caused posters to be printed, bear- | | ing the following request: Crry Hatt, Boston May 27, 1854. Io the Citizens of Boston :— Under the excitement that now pervades the city, you are respectfully requested to co-operate with the munici- | oe authorities in the maintenance of peaco and good order. ‘The laws must be obeyed, let the consequences be what | | they may. yee VC. SMITH, Mayor. | Hatr-past One o’Ciock P. M. About an hour ago, the Boston Artillery, Capt. Evans, were relieved by the Boston Light Infantry, | Capt. Rogers, who, upon marching into the square, roseaied to an apartment assigned them in the Sit 5 The crowd continue in a state of comparative quiet, majority of thoze present being apparently rawn there from motives of curiosity. The number | has considerably decreased during the past two | hours, but there are still many hundreds assembled | about the square. The New England Guards, Capt. Henshaw, have | been ordered on duty this geen It is currently reported that a telegraphic despatch was this morning received from Washinton by the U.S, Marshal, directing him to have the fugitive slave trial put through as promptly as possible, and the law carried out to the letter. Also authorizing him to call upon all the U. 8. troops in the vicinity | for assistance, and, if needed, to send to New Yor for reinforcements. (Brom the Boston Traveller.] | The Court House this morning had the aspect of a beleagured fortress. At an early hour « vast crowd was a upon the ontside, which, though exhibiting no violence of action, gave ex- pression to their feelings upon the subject in various ways. - Tnside of the Court House could be seen the uni- forms of the U. S. troops, a number of soldiers from the fort and marines from the Navy Yard, having been sent for during the night, in all amounting to about one hundred mren, "the soldiers from the fort were brought up by the steamer John Taylor, and | are under the command of Major 8. C, Ridgley, and Lieuts. O. B. Wilcox and O, A. Mack. The marines | of the Navy Yard are commanded by Lieut. Col. Du- | laney, with Capt.J.S. Rich, First Lieut. H. W. Dula- ney, and Second Lieut. N. N. Balsey. The Boston Artillery and the Columbian Artillery were also under arms, ping juartered at the City Hall. In addition to this, Major General Edmands issued an order for the assemblage of the Cadets, Lieut. Col. Amory; the Boston Light Infautry, Capt. Rogers; and a corporal’s guard from each of the other com panies of the regiment, to be ready for any emergen- cy which might arise, and they are under arms at their respective jes. | _ Of the occurrenees last night, we learn that Mr. Batchelder, when killed, was standing near the door which was battered down. He attempted to stem | the tile from without when he was stabbed and | thot. There is a wound on his head, and also several wounds in his abdomen, one pro! by a knife and the other by a pistol, which a person this mornin; comes forward and testities was fired from the crowd. There was a great ow of blood from wounds in the | abdomen. Coroner Smith has empannelied a ja into the circumstances of his death, and has ordered Dr. Stedman to make a post mortem examination of the body, alter which testimony in the case will be | received. | | | to in el alls were found this morning embedded ng of the entry-way where the attack was The door battered down was quite a power: ne, and bears unmistakable evidence of the de- ination and energy of those who attacked itfrom te I the avenues to the Court Honse were strictly de constables of the city, and other officers “ppointed for that purpose. A portion of police force was also seatte: out the square rder to keep the peace. M present were | drawn there ly motives of curiosity; others appear ed to be highly excited, and declared that come what might the fugitive should not be carried from the city. A number of those present appeared to be | repe froin the adjacent towns. There was great anxiety to get inside the Court House, though but very few, comparatively, gained admittance. The stalrway leading to the United States court room, (which is in the second story,) was guarded by a detachment of United States ma- | | vines, with muskets, and th nants O. B. Wilcox and 0. A. Mack. She then re- | | names are Charles H. Nichols, George Smith, Ed- ched to the | | the purpose of electing whether he would make a de- | | day succeeding his arrest, nor in a haste incompati- | | the counsel ; and my collea; E ermit the | place, for tl | it is only since last night that we have really been | laws being presumed to exist. The state of feeling | | was seized under a false pretence of robber | was the state of things at 11 o'clock yesterday. | not have been admitted | This did not surprise me, that falsehood should go led to Judge | denied admittance to the court room on aceount of its crowded condition, made the task of preserving peace without infringing upon the rights of citizens, a delicate and difficult one. Repeatedly were the marines called upon to clear the passage way, and some hot words passed, but no blows were given, though some rather rebelled at coming in close con- tact with the muskets of the military. Mayor Smith during the forenoon addressed the large crowd aseembled in the square, from the Court | House steps, urging them to disperse, and stating that the peace of the city would be maintained at all hazards, He also announced that all disorderly per sons would be forthwith arrested. i During the forenoon, five persona charged with a disturbance of the peace, were arrested. Their ward FE. Thayer, Jomes Noland, John Jewell, and Wm. Jackson. They were placed in the Centre watchhouse, THE COURT ROOM. ‘The prisoner was brought in at 9 o'clock, hand- cuffed, in the charge of a few stout looking individu- als. He appeare Pee downcast and anxious. Immediately behind the prisoner several seats were filled with speci officers. Edward G. Parker and Seth J. Thomas appeared for the claimant, and Charles M. Ellis and Richard H. Dana, Jr., for defence. The proceedings were commenced at 10 o'clock, before Mr. Com ioner E. G. a Be Mr. Parker was about to open, when Mr. Ellis asked the Court for delay for the Purpose of prepar- ing a defence, the delay already had having been for | ared as amicus cure for the | fence or not. He ap} prisoner, that the prisoner should not be tried on a | ble with dignity. Since then no pergon has been ad- mitted to the prisoner till yesterday afternoon,except felt that delicacy re- quired they should prisoner to make up his mind. Yesterday afternoon, then, the defence could have proper access tq the peace for the first time, and a to-day would equivalent toa rial,therefore,on the day succeeding the arrest. On such a day as this, too, nobody can be expected to act asin ordinary circumstances, with due regard to justice and calmness. He had not believed that such a {bing as this arrest and trial could again take ere were due safeguards in State laws to secure a fair trial. Four years ago public sentiment was for compliance with law for og sake; but it is not so now, for the man stands here to-day as if a freeman of Massachusetts, entitled to the protection bd ora laws, and | believe your honor 80 consi- ler it. Your Honor stands here in the | ete of Judge and Jury; for I fear that now none of these old processes which have been the protection of men of our race for centuries will be efficient; so that there is more | reason that your Honor should give the fullest and fairest chance for preparation, the chance to let us know that you have looked at it calmly through the | hours of the morning away from the exciting influ- ences of this day and the night. There is more need of it now than ever before, for there is a pecu- liar position of things in our community. In effect, in the true position of counsel. Mr. Ellis concluded with disowning any connection with the meeting of last evening, that he might have no bias in the offi- cial capacity in which he was now called to act. Mr. Parker, for the claimant, objected to the de- ferring of the case over to Monday. He had not presen the case for the day before yesterday, when e knew the objection to then trying. it to be merely one relating to the disturbed mind of the prisoner. It is not pretended eo es such is the case, but the ground to-day is different. There is no need of delay, for this is merely a preliminary examination to decide whether the defendant shall be transferred | to a court in the district formerly inhabited by him, for a more full examination, and this is all that is | contemplated by the statute and supported by the decisions of several judges. This is not a perma- nent trial, but one to decide whether the Party shall | be transferred to the trial of laws elsewhere, such | in the community, too, is but another reason why this wpa: subject should be disposed of as soon as orsible. | “ Seth J. Thomas, for the claimant, went over part | of the same ground, and said that there was no round for continuance on the plea of preparing de- fence, because there was no proof that there really was a defence to be made. If, under a law, a man claims property, and shows his claim to bea one, and well-founded, there is nothing to be but to make outa certificate to have him returned to the laws of the State to which he belongs. Ifthe poe is made ont to your honor’s satisfaction, the *T myself, havo not doen ima since. th pening of | , Inyself, have not seen him since the 0) "9 this cave till to-day, and we know that the Marshal | would freely have admitted Mr. Dana and the other | counsel to the prisoner. There is no prospect, if we defer five days, that the fact can be changed; it is | not shown that witnesses can be brought from Vir- | ginia to testify the prisoner’s being a freeman, that any are to be found here to prove him an old resi- dent. Therefore there seems nothing new in points of fact, and as for law the counsel must be prepared. The result of the delay for two days has been seen, and if certain men who were instrumental in excit- ing a riot last evening, can lay their heads os their pillows and feel themselves Itleas of the blood of a man, I shall be happy to hear of it. The claimant comes here with letters, papers, and cer- tificates, in a way to secure confidence in his being the party he represents himself; the constitution de- cided in favor of the right of the claimant to take his slave, and the act of 1850 was merely to give facili- ties for the performance of the duty. How, in pan of fact, can this law, which is bind- | law of the State, havin; aes hold, be resisted, any more than the United ‘tates laws re- | specting credit or trade taking possession of pro- perty? ‘The de Phage defence is an objection to com- | Pliance with the law; but that does not alter or change the law, and cannot make it anything else than a law. The defence is not that the slave is not the man he is claimed to be, but that the law is not bin« or constitutional—but already has it_been app aia the Judgesof the Supreme Court who have lone judicated upon it. We can see no argument for | delay in this case which does not go as against the law , rather than to the true point in issue. Richard H. Dana, Jr., for the defence, replied, | saying the objections were drawn from ost | everything in law, politics and humanity, except the point placed before your honor. We do not | know that the Fugitive Slave law is under discus- | sion, or.the laws of hee The simple question | is, whether we shall be forced into this trial at once, | without time to prepare our defence. The statute under whith we are acting the counsel forthe claim- | ant says is summary, but the Court of Admiralty has | summary proceedings, which at the same time have many days baer In the case of Sims, where there was more excite- ment, where the question had not been settled on the execution of the law, seven or eight days time was granted. To-day is Saturday. On Wednesday | night this man, employed in a shop in Brattle stoeel; by six or eight volunteers hired for: pieces of 8 Ghee not regulaily employed, hurried here, this Court House converted into a slave pen—and the next day he | was brought into court, having seen no one but the men (not officers) who arrested him. Passing by, then, and learning the facts, came in to volunteer. The man was entirely stupified, and | evidently did not know how to act, under the in- fluence of terror. He had understood that if he put | the man who claimed him to trouble, he would be punished hereafter. This is the position we hold; we hope the counsel on the other side is satistied with his position. The conduct of the man at the time, and your ho- nor’s sense of justice and propriety, on my motion, ordered an adjournment, leaving me as before, not his counsel. erefore I could not go forward then as his counsel. But he was willing to recognise me; but it would have been said by all, had I visited him Thursday, that his mind was not made up and I had persuaded him to set up a defence. Propriety, therefore, kept me away. Then the colored clergyman, Mr. Grimes, Deacon Pitts, or Aix. Phillips, it was thought beat. should and ascertain whether he desired a defence. The U.S. Marshal refused to give leave to any man but me to visit him, and he said, too, we believe, that it would be useless to apply to your honor, his then Knowing the personal character of your honor, I caused an application to your honor, then in Cam- bridge, and 7 ‘anted a stringent opinion or re- quest to the to admit two friends. So that at this time, it is less than twenty-four hours since the first friend of that man was admitted to learn that he wished defence; and even then they would | but for my aiding them, They aan vi and told me the man said all the stories obout the man wishing to go back were false. with violence and fraud. We ap Sprague for a writ of de homine replegian application continued till six o'clock, but was re- | fused, so that we could not prepare till Inst night, in | an hourot excitement. And now the counsel wishes us to hurry, for fear there will be disturbance; that | is an argument which can’t be put to any court, be- | cause there is a weakness in the power.’ If the law is not strong enough, let the law suffer and not the man. The counsel says this is a perfectly plain question. | But how is he or your honor to know that til! there is | atrial? Under all the circumstances, an & momentous case, we must have dela sel calls the man a person; | say if ther onrearth he is one, to be tried not on ev’ on a record of Virginia, which inchides a prisoner lence, but | ning | but identity; and that record is made up, ex parte,in | the absence of the man, on we know uct what testi- mony, and this record must be final evidence here in | a distant tribunal; and that is the worst feature of the law, and a feature not to be paralleled in any other land on earth. If the man was born and | . wounding him so that he . division was under the orders of Capt. (late | elqmations of the kind. nok | Mr. Jobn be conclusive evidence that he was born in Virginia. ‘The Court is not a responsible power; there is no appeal from it. And yet the counsel would say he isin a hurry, and go on to try this case forthwith. The bre is delivered to no court on earth; here you decide whether he.shall be delivered to the mas- ter with authority to take him to Virginia; but he may be taken anywhere; and he knows now that he is to be sold at the first block for the New Orleans market, with his maimed hand and scarred face, to be sent to perish in the cotton fields of Louisiana or Arkaneas. If the claimant did so, your bonor can do nothing, for the certificate will give the man de facto to master, and he may do as he pleases with him. Thus all things tend to show your honor that time should be pan fed. We want time to look at this record; we have a copy, but the counsel was not willing to let me have the original in my hands longer than 9 few moments. The counsel says there is no defence. Does he base his astertion on the aiiost unconscious admly- sion of the prisoner, the other day, or what might be construed into an admission that the claimant was his master? Does he not? I did not think the lawyer was to be found who would attempt to twist an equivocal reply of a poor, hunted, frightened fagitive into an admission of his being a slave. Truly, the average of human nature has fallen. In action for a note of hand for $5, fourteen days pati granted; and may not one day be here gran’ Mr. Parker said that there was no fear of the pri- soner being sold at the first block, as there was an assent on the part of the claimant to sell the man to parties here. Mr. Dana—If that is true let us have delay till it is settled. Is it true or is it not? My. Commissioner Loring expressed his conviction that the delay before had not been abused by the prisoner ; the man had (Mr. L. said in effect) moved as quickly as it was possible under the circum- stances. He had made up, his mind to have a de- fence, he had selected counsel, and all were here ; and now the counsel, so recently sppointed, had on their own behalf, asked for time as lawyers to pre- pare a defence, a request by no means 5 As for the excitement without, the Court can take no cognizance of that. A continuance is therefore granted till bgriag braces at 11 o'clock. The body of Mr. Batchelder has been conveyed to Charlestown. The inquest will not take place until ‘Monday afternoon n The Columbian Artillery have been relieved from service. A detachment of the Boston Light Dra- goons have been ordered to hold themselves in readi- nese at their armory. The square continues to be the centre of a large crowd of people, but there is no sign of any more violence. Inside of the Court House, beside the United States troops, a oh Posse of ial offi- cers are in attendance, g all the alley ways. The fugitive is in the upper sory ee on all sides, and will remain so until Monday next. THE RIOTERS ARRESTED COMMITTED ON A CHARGE OF MURDER. : Nine persons who were arrested last night, were brought up in the Police Court this Tein an- swer to a charge made by Luther A. Ham, Chief of Police, that on the night. of the ah ot May they assaulted James Batchelder with fire arms, died, and that they did therefore commit the crime of murder. The names of the accused are A. J. Brown, John J. Roberts, (colored,) Walter Phoenix, (colored, John Westerly, (colored,) Walter Bishop, (colored, Thomas Jackson, (colored,) Henry Howe, Martin joer and ae sa mn. seetona pie pes ite young, others are old, one x: Mr. Hane for the prosecution, said ‘hat ‘the gov- ernment would not prolay be ready before the middle of next week to proceed to the examination of the case. There was ies a number of witnesses, some twenty-one in number. Mr. O.G. Davis, for the defence, ae if some of the prisoners were not arrested before the deadly assault upon Mr. Batchelder took place? The Court said that even if it was so it might ap- ar upon examination that they were accessories fore the fact. Mr. Davis said that there was one of the prisoners who was merely charged with putting outa gas . lamp, long before the fatal attack occurred. Mr. Ham said that he expected to prove that there was a concert of action am the prisoners from the time that the light was put out until the death of Mr. Batchelder. Mr. Ham also said, in reply toa statement by counsel for defence, that the ta was made for an unbailable offence at a very late hour on Sat- urday; that he had used his utmost diligence ingot ine, boop pe a ho Poa eed. The ie advice gentlemen how to proceed." Court endorsed this statement. He aleo said that he would endeavor to be ready yy Tuesday next at 11 A. M., but if not rng 4 then, he should ask for a further postponement. This was rather reluctantly acceded to by the counsel for the defendants, and the prisoners were committed, with- out bail, until that time. Mr. Batchelder, who was killed, resided on Front street, Charlestown. His wife knew nothing of his death until this morning, when the announcement was made to her by a lady who saw an account of the occurrence in the morning papers. She chanced tobe in the front yard, ani Immediately fainted and was taken into the house. He leaves no children. [From the Boston MY Stimulated by the brute instinct of force, and urged by an‘earthy sort of sympathy, fanaticism seems re- solved to ayer ae the compat its violence and elevate him as nearly as above the repellant ibutes of the After all the and braggadocia age, we should be ashamed to see force con- the measure of manhood; and as long as we profess to live under an or, gov- ernment, the supremacy of the laws, ard the sancti- ty of the constitution, should ire every good ci- " en <4 rebuke ee that fanaticism ae a em) perpetrate fe authority. our laws are jast of ODP ve, the Me opento repeal or alter 9 ; but wl ist on the statute books of the nation let us abide and maintain them. If men’s sympathies will seek darkness rather than light—if they prefer violence to te e, let be ak the consequences. at bee) in i name of > unscrupulously a] fae other peo lee property inone shape ‘would ardly hesitate to it in another. . The seene presented at the Court House last ‘after the crowds had adjourned from Faneuil , was humiliating in the extreme to an_order-loving, law-abiding Cn y The air rang with the loud anc vociferous ¢1 of the infuriated mob, who, armed ition trath. of our | they ex- | | for the cause of freedom itself, to join in no | ! | | | | | | | | | with a battering ram and axes forced an entrance into | the tem, the Court House-desecrating ple of justice,un- Ger the fanatical delusion that the fugitive was con- cealed there, and they determined rescue him. Those who were within the building at this tinie re- sorted to the use of firearms, and the report of a number of pistols was heard. One man was killed. Mr. James Batchelder, a man about thirty-five years old, was in the inside of the Conrt House, and when the sounds of parties forcing the door were heard, came down to the lower peeeeerey, and approached the door, - er with others, in order to prevent the mob from en- tering the building. Batchelder reached the door at the moment it was burst open, and before he had ken a word, or had time to act, a pistol was dis- charged by some one on the stone steps on the west- erly side of the building, the contents taking effect in his abdomen, severing the main artery. Mr. Batchelder exclaimed, ‘‘ I am stabped,” and fell back into the aime of a companion, an ex-watchman, who, by the eid of others, sey him to the Court rocm, where he died almost instantly, and without uttering any other expression. The was con- veyed to the basement of the building, and Coroner pee jib bne| and tat hold an began ob The wound presented a rag pearance as fh camuad Wo concn aune tees ites tomn,a puch. Ly murder was not generally known by the mob, and when it was stated that a man had been shot, one of the ringleaders of the rioters replied, with great emphasis, ‘Then there will be one the less to kill to-morrow.” At the commencement of the disturbance, the alarm bell on the Court House was rung as a signal of a riot, and as the trouble had not been wholly unexpected, the various divisions of the watch sent the pepe lag of their forces at once to the scene of action. The force from the Boylston put chief) Eaton, and was on the und with the toon commendable promptness. While arresting the ringleader, at the door of the Court House, the Chief of Police had his badge torn from him, and those having the axes flourished them in the faces of the officers, crying to those of the mob who were behind, and who ‘had fallen.somewhat back, “Come on, cowards! Don’t desert us now!” and other ex- The crowd, however, did sppstenty dere to molest the officers, and the arrested parties, as stated above, wefe locked tp im the watchhouse. Among the crowd who were thus shouting, was seen tl While this was going on‘on the west side of the building, the cry arose among the mob that there wos a subterranean passage under the Court House, leauitng to the rooms above, and that the fuyitive might be reached by gaining m of it. With this view srveral persons rushed down into the room ocoupied by some of the constables, and a gc nitle ee came with Soluen yi not nding tl massage expected, they broke ag ‘ id some other d f fr. light, and di » When their ¢ large number who were | brought up under your honor’s roof, that record must | ther depredations were stopped by the entrance of | no digant he tall form of | C. Cluer, so well known in our courts. | to the lock-up. OPINIONS OF THE BOSTON PRESS. {From the Boston Journal, (whig,) May 27.) The disgraceful scenes of violence which trans- pired in this city last evening—the exciting mect- Re in Faneail’ Hall—the lawless counsels which there prevailed—the violent attack upon the Comrt House—and_ last and most to be deplored, the mar- der of an officer who was faithfully discharging his duty, are well calculated to lead the peaceable and well disposed—those who respest the laws, and who recognise the authority of a properly constituted government—to reflect upon the nature and tenden- cy of the insane efforts which are making to rescue an alleged fugitive from the custody of the United States authorities. s If unrestrained passion is to be allowed full swa: if lawless violence is to go unrebuked, and men nf in social position are become the leaders of a mob—if a law of the United States is to be trampled unger foot, and the officers of the government shot down iz the discharge of their duty, and this with- out rebuke, then indeed will a blot rest upon the fair fame of our city, and Boston will be dograded in the estimation of the whole Union. ‘We take a more hopeful view of the present ex- citement. We know the vig majority of our citizens are well- disposed. y will uy the constitution and support the laws. The: sustain the authorities in firm and di stand which they have taken to put down mob violence, and will aid'in the preservation of order. The law will tri- umph over the passions of an i d mob. Of this we have an evidence in the agetagee and success with which the city authorities have met the crisis, and in the readiness with which the citizen Idiery—who are with the Pe and of them— ve onded to the call of duty. “ ‘The self-constituted friends of the alleged fugi- tive, have certainly taken a very injudicious course, and one which has tended to e ‘rags any pro- rly directed efforts to rescue the unfortunate man a return toslavery. They did not wait to try the virtue of legal proceedings. In their eagerness to igo upon the fugitive slave law, they fone a f increasing the aol motel ast of inc! 8 wi every one felt for the unfortunate poner would only arouse a feeling of indignation, and a deep deter- mination among the law-abiding portion of the com- Pasig to the ‘snthorities in enfo: the awe. Keri Sage pore ecb semi red, and the man Who wiseh Rewhere hese —— voluntary transfer of the claim by which he is held, is still confined in the Court House, under the guard of United Statés »and in actual bodily fear lest some indiscreet friends should endanger life ather than see him returned to slavery. We are glad that the excited and violent leaders of the mob have been allowed time formtheir pas- sions to cool, and for reflection uj their unwise course. The real friends of the fugitive can now devise some means to secure his freedom with- out ti the laws. There is evidently a disposition on Mog) of the Commissioner to ex- tend to Burns all the favor which is consistent with his duties, and with a- proper administration of the law. We have no fear, with the able counsel who have been employed in his behalf, that the case will be summarily disposed of, and if the worst fears of the friends of Burns should be realized—if he should be remanded by the Commissioner to the custody of his claimant—his rescue from slavery may yet be effected without reserting to violent means, which under any circumstances are casmenere In the holy hours of the Sabbath, by the quiet of the domestic fireside, let those who have been instru- mental in inciting to deeds of violence and blood: shed reflect ‘upon the deplorable consequences of their rashness, and upon the duty which they owe their country, as republican citizens—to the State; whose fair fame should be above all price—and to” the tees the maintenance of the peace and or- der of which their own security so inti- mately depends. Let them consider well how they can best serve the cause of the poor fugitive, whose rescue by violent means they cannot hope to effect, rather than in what manner they can most strongly show their contempt and hatred for an obnoxious law. Above all, let them consider whether the deep, earnest, and abiding feeling which exists at the North in favor of human freedom may not be made more available in its opposition to the slave power, if more moderate measures and wiser coua- sels should mark the course of those who claim to be its peculiar champions. ic the Boston Transcript, May 27.] The streets of our usually quiet city present a strange aspect to-day. Many of our citizens are called from their aercetas avocations to take up arms in defence of the laws, and to oe anarchy and bloodshed. Patriotic and sober-minded men ices at this time, as they have ps firmly - some rebellious swellings o} called upon, by their fealty to law, to suppress the inborn sentiments of their humanity, and to keep their plighted faith with those who have just vio- lated a solemn compact! Many men who have never before given much attention to the subject, now ask themselvee—What is our duty in this emergency? pom = the example of violating compacts to followe. No man, we think, familiar with public sentiment here, can that, the by the smost uated South tas alienated tkees foe the ES i : i of our common country the confidence and of the people. We have done much for our ments, our promises, our contracta. But answer to the above queries, dutios enjoined, and repulsive ed, we are nevertheless required just ful re isa day coming after to-day—in that coming y? today’s heats and passions will have past, but if records will remain. Let every man so conduct at this time, that he may refer to that record with pleasure and honor. A few years ago, the advocates of freedom were mobbed in our ts, their persons were treated with indignities, and their Property was Lata Let them see to it that, from ig martyrs, her become not rioters. Folly has ita martyrs as wel as'wisdom. Let us all trust to that and be- neficent spirit of freedom, justice and humanity whichis now making such progress ‘upon the earth. In this country, opi: is ger than kings; and ‘we may reasonably hope that our counti ry, now tl asylum for the op pressed of the Old World, will at day become indeed the land of the free. fo sesec shall not always reign, ere comes a brighter day. [From the Boston Traveller, (free soil whig,) May 27. In relation to the statement made by Mr. F. W. Bird, of Walpole, in Faneuil Hall last evening—that the Traveller had refused to correct an error in its Teport of the circumstances connected with the ar- rest of the fugitive Burns—we have only to say:— Had Mr. Bird, or any other person, applied to the editors or reporters of the weller for @ correction of an error in our » with f that there was an error, the correction would have been cheerfully made. But instead of doing this, a man, who roves to have been Mr. Bird ht to our count- ing room, at about two o'clock, an advertisement, for which he was charged the usual price for inser- tion. After paying for it, began a tirade of profane abuse of the Boston papers, saying it was a ined shame that such an item could not be got intoa Boston paper without paying for it. At this mo- ment one of the editors entered the counting room, and the clerk referred Mr. Bird to him, saying, if it was anything that ought to go in free, he had bet- ter. speak to the editor. , however, Mr. Bird declined to do, but told the clerk to give his com- ey to the editor and to te'l him lamned mean, sti concern, that would take for such a thing. mone: ’ The editor on receiving Mr. Bird’s compliments, told the clerk to return both the advert! it and money to Mr. Bird. We are requested to say that the U.S. Commis- sioner, who issued the warrant against Burns, is not Ellis Gray , Esq., but the Hon. Edward G. Loring, Judge of Probate for this county. IMPROVEMENTS AT SARATOGA.—We notice exten- sive improvements going on in almost every part of our village. About old wn aed Spring, great im- provements have been made during the past six months. A new house has been erected over the spring; the streets and grounds around it have undergone re- airs, and everything connected with the spring looks inviting. “Messrs. Clarke & White anni expend large sums in beautifying this great From the improvements at “Emj ring, you would scarcely know the place. Circular street has been laid out and worked throngh as far asthe Em- pire. A park has been Jaid out at the termination of Circular street and adjoining the Empire. The street, commencing at this point and leading through the valley towards the Pavilion, is now underg9: thorough repairs, grading, &c. Messra, Weston Co. are determined to make the Empire i in pom! to the old Congress —Saratoga Sentinel, lay 25. ‘The smalipox is raging to a considerable extent in Jnckeooville, Fa.; the ty Connell of St. Augustine, in obedience to the wishes of ber citizens, have declared ber quarantine laws in fyll foros. te ee he | son arrested, on the officers, who arrested the parties and took them | The Fugitive Slave Excitement in Syfacuse. the ep DECIPED BELL» Ree [From publican, May 27.) The abolitionists and negro worsh! ippers of this town were beautifully sold Fperieg noon. About 54 o’clock a despatch, of which the following is a copy, was received over the House line:— ~ Mau Terai, Lyons, May 26, 43g P. M. ToIna H. Com, C. A. Wilkiton and JC. Lode, Syra- cuse :—Sound the: alarm—Marsial Hillyer and- Young Mott are oh board with a fugitive slave named Geor, Teraph—rescue! rescue! Be at the depot in time ” 0. M. meet them. At6.45 P.M, the mail train arrived at the depot, could be got out—pro- bably without wai ing two minutes—backed do quite fast to the freight depot; to make age hehe mail train on the old road, expected in about fifteen minutes. The cars had hardly commenced backing and got out of the depot before the Tocsin of Liberty, a cracked bell in some sheeple about town, began ting, and in ten minutes all the negroes and excita- ble whites, boys, men and loafers were rushing with all their speed to and through the ig ee and in crowds followed the -train down to the freight sta- tion. As many as three thousand pene were gather- _ ed at both depots within ten utes—some armed with sticks, and several of the ne; exhibiti knives, revolvers and pistols of various kinds, e were sorry to sce and hear some white men encou- them to rescue the person and urging resist- ance, We had to laugh to see the President of the Coun- Alderme: cil, some m, the Police Department and others, following down to the freight depot in state to preserve the , While two or three bells kept up an awful until half-past seven. Many, very mnany citizens manifested a determi- nation to protect the Marshal and prevent the ree- cue if necessary, and we were to discover so much feeling and determination to see the laws en- forced if necessary. x It is needless for us.to say that the negro was not found on the cars—neither was the , but we are satisfied that whenever he does make his ap- pearance here with a fugitive, he must have a strong, firm and reliable force to protect him. Upon looking into Webster's Dictionary, we find, perhaps, a clue to the whole affair. The word “teraph” is of Hebrew o1 » “‘ supposed by some to be an idol, by others to be a charm or amulet.” And it is now evident that the definition is correct. A Pies is the idol of Syracuseans, a runaway slave a the Ser amulet met gel clergy er instan worthless, rofligate, and Sara dies a od lany a was e_evenit |. ot the rast manifested by some of the mob in bar and almost frightening to death a poor inoffensive Regro who happened to be on & subsequent , and who resides here ecpce , but whom the would-be violators of the law hurried off with eae and yells, and determined to send forthwith swe} Toll the be, sound the tocsin, hurrah for runa- way negroes it evening the Genesee street church door con- tained a placard as follows:— 69 8 FELLA MC LSS SSS Se SSSA, ° SYRACUSEANS e ° TO THE e ° RESCUEI! ry ° FREEMEN! e ° BE ON HAND ° ° AT 11 O'CLOCK, ° ° The “Jerry Rescue” bell is ringing as we go to press, The Battery Murder Case, TO THE EDITOR OF THE NEW YORK HERALD. New York, May 27, 1854. Dear Smr—In your issue of 24th March in the present year, you published a statement in the HERALD regarding the murder of the German on the Battery, some two years since. 3 In that article you go on to state “‘ facts,” &c, &., substantiating your preyious knowledge that the German was murdered by Saul, Howlett, Johnson, agd Morse alias Frenchy, who, you 1» CORTO porated your facts by a confession which made a few days prior to his death to a keeper at the Bing Sing serena Cpe = was Decree e purport of confession Saul, Howlet lohnson and himself comunitied that, dood for the paltry sum of Sire ars dollars. Hat on all occasions ever held the Haraup above after Bean try’s laws into eternity, and their bodies now lay mouldering beneath the green sward? Is it not both wicked and inhuman, [ wound I, for myself, have been twice to con- radict ae its of the same charnion otk oan fying the dead. I have an aged mother and a fami- ly, who, as is my duty, I am bound to Toe sen broveht a jones Catan ta eee gen brought u; ma «a / one of tl Polatives. It seems from your ticle that this must not cease, or that the igno: of the son must alike descend the E 5 ut ary. p Where were Howlett, Sanf and Johnson on that eve- ning? We find tliat on the 23d of December, over one month previous to the murder, that Wm. Saul was upon the charge of grand larceny, he ‘was sent to prison, where he remained until the 25th. of February. Now how was it possible for Saul to in that deed. Next we find John- the 6th or 7th of January, put in the Tombs, andon the 13th of January sent on Blackwell’s Island, where he remained vnti) the 12th of Gt oe Can you inform me how Wm. Johnson could take part in the German’s murder on the 27th of January, when he was under confinement from the 6th or 7th of January unti) the 12th of April. Now where is Nicolas Howlett. We find that he with seven others was arrested from a house eng — near oat upon — a eel ary, five days previous to the murder, and upon the 24th he was received on Blackwell's Island un- tact, and there he remained until ~ Sod , When he Mas brought down upon a corpus. Now, sir, was it possible that he (Howlett) could come down from the Island and commit the murder, and then retarn and remain on the Island for some nineteon days, is it possible { say? can any conscientious person answer “ Yes?” This, sir, is evidence, not circumstantial, but poal- tive. this any satisfaction for rela- But, withal, is tives whose feelings have been wounded in the ut- most degree? And wherefore is it, because, sir, the curiosity of a gaping community mnst be ga- tisfied that happiness of a family—already de- stroyed—must be further outraged by Sibelions are ticles being put forth at the cost of the departed, to gratify the appetite of the public? Iam sure you ce once see the bg Te! am further ae oes | at you can sympat ith me and mine. think'it but Bavper that the public should see both sides of the picture; and by giving this publicity pS a aos —— of your valuable paper, you greatly oblige yours ectfully, . iy oblige yours, resp Jouw Howzerr. Vanvaste Revics—The ture authorized the late Secretary of State, Mr. Randall, to purchase the correspondence and other papers of nor George Olt id three thousand ton, for which was dollars. Among these, and carefully preserved, are the six very important papers taken from Andre when captured. Those pe rs, under the advice of Arnold, were concealed between the feet aud atock- ings of Andre, as is well known. They consist of artillery orders, estimate of ‘the forces at West Point, the number of men requisite to man the works, retarn of the ordnance in the different forts, redoubts, and batteries, remarks on the outworks, describing the construction of each, and its streagth or weakness, hints of operation, &c ; also, the cele- brated “) ’? from Arnold to Andre, or John An- derson, bis assumed name; and also the two pass ports to Joshua H. Smith, who went on board the ship Vulture to bring Andre on shore, where, at inson’s house, the first personal interview was held with Arnold, and are executed in a bold and easy style of penmanship. There is not as mach as one letter thet betrays the tumult which must have reigned in his bosom at the time—ratver an ry zeeve of carelessness in smooth liaes,—A/bany Rei er.