Legal Papers of John Adams, volume 1

Editorial Note

Paine's Minutes of the Referees' Hearing

12.

The elements of a rescue include the officer's lawful custody of the prisoner and the forcible removal of the prisoner from that custody. Failure to assist an officer or even impeding him in his efforts are crimes of a different nature. Hovey's point here is that Bassett never had custody of Zephaniah, and, therefore, his return, or account, of a rescue was wrong.