and of course can use them.” The certainly did return accompanied by a guard of armed men, and by force and under protest hurried the prisoners to the Court.
About 4 O’clock the case was called by Capt. Robert F Smith J. P. The counsel of prisoners called for subpoenas to bring witnesses. At twenty-five minutes past four took copy of order to bring prisoners from Jail to trial (See this document) afterwards took names of witnesses.
Counsel present for the were , , , and .
25 minutes to five the writ was returned as served June 25th..
Many remarks were made at the Court that I paid but little attention to, as I considered the whole thing, illegal and a complete burlesque.
objected to the proceedings in toto, in consequence of its illegality showing that the prisoners were not only illegally committed; but that being once committed the magistrate had no further power over them; but as <it was> the same Magistrate <before> <before whom he was pleading who imprisoned them contrary to law & the same who, as Captains forced them from jail, his arguments availed little> was presentthe arguments availed but little. He then urged that the prisoners be remanded untill witnesses could be had and urged a continuance for that purpose. suggested untill twelve O’clock next day. [illegible] again untill witnesses could be obtained; tha[t the?] Court meet at a specific time, and that if w[itnesses?] were not present to again adjourn without [illegible] the pri[so]ners. After various remarks fr[om?] , and others, the Court st[ated?] “this writ was served yesterday and we [2 words illegible] untill tomorrow at 12 [P.] M. to get witn[esses?] [p. 44]