Page:A Historic Judicial Controversy and Some Reflections (Gregory, 1913).djvu/5

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A HISTORIC JUDICIAL CONTROVERSY
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smilingly in the west as he shed his rays upon the spires of Milwaukee for the 11th day of March, 1854; a glorious prelude to the coming day of rest. The doors of the prison shook as though another Peter were within, and the willing cell yielded up its victim to the fresh light and air of God's glorious earth. The negro waved his hat as he mounted the wagon in return to the waving of hats and joyous shouts which arose from that vast crowd of freemen who said that the Milwaukee jail could not be used for the confinement of men who had committed no crime."

It is significant that this lawless but humane mob was "addressed by the most eloquent and influential members of the Milwaukee bar." What the tenor of those addresses was does not appear; but what followed would indicate that these eminent lawyers had appealed to the feelings rather than to the sound judgment and law-abiding spirit of their listeners. Booth many years afterwards in a public address recited his part in this lawlessness. He then said:

"In riding through the streets of Milwaukee to call a public meeting, I did not cry as was reported and sworn to, 'Freemen to the rescue!' A forcible rescue was never my purpose; I aimed simply to secure for Glover a fair trial and competent counsel, and in calling the meeting I used but two forms of speech, viz: 'All Freemen,' or 'All citizens who are opposed to being made slaves or slave catchers turn out to a meeting in the court house square at two o'clock,' the only variation being that I sometimes used the word 'men' and sometimes the word 'citizens.' * * * The immediate cause of the rescue was the speech and report of C. K . Watkins, chairman of the committee to wait on Judge Miller and inquire if the writ of liberty would be obeyed. He reported that Judge Miller said, 'No power on earth could take him from his jurisdiction.' He (Watkins) expatiated on the tyranny of the judge and the hardship of imprisoning Glover over the Sabbath; I had invited the Racine delegation to meet our committee at the American House for consultation and was about to start when I heard a shout and saw a rush for the jail and anticipated the result. I went up to Dr. Wolcott and Byron Paine, standing on the court house steps, and said to them as the crowd was bringing Glover out, that I regretted the act, that it was a bad precedent and the people would not discriminate between this case and one in which a prisoner was rightfully held. To personal appeals of Dem-