Dr. Crandall's table at his office in Georgetown. Don't recollect how
many. There were also a number of them at his lodgings, in a trunk. He
denied to me that he had distributed any, but did not conceal or deny
that he was in possession of them. He mentioned that he was formerly a
subscriber to the Emancipator, but they had stopped it, and he had taken
them in its place. They were sent to him from New York, and came in a
box by water, and not by mail. Witness collected and brought them to the
jail, tied up in a handkerchief. Being fearful of some trouble when he
got into the hack, he proposed to Mr. Jeffers to take Crandall to the
jail through the back streets, and keep him there during the night,
for fear he might be wrested from us and lynched. It was Dr. Crandall's
desire to be taken out of the way of the people, and be carried to the
jail. Before they left the office a crowd had collected, and they made
an effort to get off as quick as possible, being very apprehensive that
Dr. Crandall would suffer some harsh treatment, and serious injury from
them. The event verified his expectations, for he found afterwards that
the carriage was waited for somewhere on the avenue, where it was
expected to pass, by a numerous and excited collection of people.
_Cross examined._--Conversed with Dr. Crandall at his office and on the
way to the jail. Went to his lodgings, and found Emancipators there.
Did not offer to carry him before a magistrate in Georgetown. Told
Dr. Crandall what my apprehensions were for his personal safety, and of
being waylaid, and proposed that he should stay at the jail that night.
He attempted no concealment, and gave witness free leave to search his
papers, &c. Witness found Boston, New York, and Baltimore newspapers,
and a great many Telegraphs. Dr. Crandall opened the trunk himself and
showed the tracts. Don't remember whether they were loose, or tied
together and enveloped. Those were the pamphlets now in court. Don't
recollect whether the letters were brought away. There were many plants
in the office. Don't know what they were put up in. Think it was
pasteboard, or something like it. Asked him if he was Dr. Crandall, to
which he replied yes. Then told him that he was charged with being an
abolition agent and exhibited the warrant for his arrest. He did not
then say any thing about the tracts in his possession, but when they
were found he stated they were sent to him from New York, instead of
the Emancipator, to which he had formerly been a subscriber. He did
remark that he had not distributed any tracts of the kind.
_Question by Key._ Which of the pamphlets did you find at the office,
and which at the house?
_Coxe_ objected to the question.
_Key._ I wish to know which kind were sent to Crandall in the box from
New York.
_Cranch, C. J._, saw no objection to the question.
Witness then stated that he found the Anti-Slavery Reporters in the
office. Did not recollect any others in the office, except the
newspapers. The other tracts, together with some books, were found in
his trunk at the house. Crandall did not say all the papers came in the
box. Did not endeavor to elicit any confessions from Dr. Crandall, and,
in fact, reminded him that he and Mr. Jeffers might be called on as
witnesses. Witness recollected that, during the examination, there was
a paper produced by Dr. Crandall, who was too much agitated to read it.
One of the magistrates attempted to read it, but don't know whether it
was read or not. Dr. Crandall was much agitated. There was a great
excitement outside the jail, and much alarm in it. Dr. Crandall was
arrested on the 10th, and examined on the 11th of August.
Witness remembers that there was a conversation in the hack, as they
were coming from Georgetown to the jail, in which the following question
was asked Dr. Crandall:--"Don't you think it would be rather dangerous,
at the present time, to set all the negroes free?" Don't recollect the
precise words of the reply, but he inferred from it----
_The Court_ interposed. We don't want your inferences, Mr. Robertson;
give us the facts, if you please.
Well, if it please the Court, continued Mr. Robertson, my impression was,
at the time, that Dr. Crandall's reply amounted to this--that he was for
abolition, without regard to consequences. Mr. Jeffers asked the Doctor
if he did not think that abolition would produce amalgamation and also
endanger the security of the whites. The doctor did not object to these
consequences. He thought the negroes ought to be as free as we were.
_M. Jeffers_, constable, deposed that he saw some pamphlets endorsed
"please read and circulate" in Dr. Crandall's office. Witness, when he
entered the office, said, "we want all your incendiary tracts, Doctor."
Witness looked into a large box and saw the pamphlets.
The box was without cover, and the pamphlets lay in a corner. At his
lodgings, more pamphlets were found. Don't know how many there were
in the box. Those in the trunk, at the house, were nearly all new.
Dr. Crandall explained that they had stopped the Emancipator and sent
the pamphlets in lieu of it. Think he said they were sent around in a
vessel, in a box. Witness asked him what he was doing with so many of
them. The reply was that he had procured them for information. Don't
recollect that any of the botanical specimens were in newspapers. He
said they had stopped sending papers weekly and sent them monthly.
Witness asked what he was doing with so many of the same numbers at the
same time, to which he replied that they all came in the box, and that
he wanted them merely for information. Witness looked into, and not
liking their language, remarked that he did not see how any one could
derive much improvement from such stuff.
Witness recollected that there was a paper which Dr. Crandall tried to
read, but was prevented from reading, by extreme agitation. Dr. Crandall
rolled it up and put it in his pocket. He was much agitated, and witness
thought, at the time, that he was indiscreet in so freely expressing his
sentiments. No pamphlets with the endorsement "read and circulate" were
found in the trunk. When Crandall was asked why he wanted so many of the
same number of the Anti-Slavery Reporter for information, he made no
reply. In the course of the conversation in the hack, Crandall said he
did not intend to deny his principles. Witness asked him if colonization
would not be better than abolition. He replied: No; he was in favor of
immediate emancipation.
_Question by Bradley._ Did he not say, "I am for immediate preparation
for emancipation." Witness did not recollect precisely. That might have
been the answer. Would not say it was not. When he said he was in favor
of immediate emancipation, witness remarked that it would be attended
with dreadful consequences. We should all have our throats cut, and the
next thing would be amalgamation.
_Thruston, J._ Would the amalgamation occur after our throats are cut,
Mr. Jeffers?
_Witness._ Dr. Crandall in reply to this remark, said, "well let the law
take care of all that."
_B. K. Morsell, Esq._, one of the justices who committed the traverser,
stated that, at the examination of the traverser in the jail, the
witness just examined, Henry King, deposed that the pamphlet which he
took from Crandall's office had written upon it the words "please to
read and circulate." This deposition was made in the presence of
Crandall, and Crandall did not pretend to deny it, and admitted that
the words were in his own handwriting. He said that when he was about
to take passage in the steamboat, at New York, there was a bundle of
pamphlets brought to him. Don't recollect whether he said they were
brought to him before or after he went on board of the boat. Don't
remember whether Crandall said they were sent or brought to him. He
stated that he was then on his way to this city. A bundle of pamphlets
were brought into the jail, at the time of the examination. Crandall
said that all he brought on were there, except twelve or thirteen.
Crandall did not state at what time the words "please read and
circulate" were written upon the pamphlets. There was no distinction
drawn between those which were endorsed and those which were not. They
were all thrown together. Don't recollect that Crandall made any
distinction in regard to them. He was understood to speak of all the
pamphlets together. The only contradiction in Crandall's statement was
that he, at first, said that pamphlets were brought to him as he was
leaving New York in the boat, and afterwards said they had been in his
possession for some time. Witness looked at some of them and saw that
some were of older date than others. Could not distinctly recollect
which were of old and which of new date. There was a considerable
interval between the dates, but don't remember how long. While the
examination was going on, there was a great commotion outside of the
jail, and a loud knocking at the door; the prisoner seemed agitated,
which was not wonderful, considering the circumstances. Don't recollect
that he said any thing about the time when the words "_please read and
circulate_" were written on the pamphlets.
_Mr. Key_ here admitted that he recollected hearing the prisoner say,
at the examination in the jail, that the endorsements were written two
years before.
_Mr. Morsell_ continued. Don't remember that Crandall presented a
written paper. Think it likely he did. There were three magistrates
sitting, and it might have been given to one of the other two. He
believed it appeared, on the examination, that Crandall had been in
this District some months.
_Clement T. Coote, Esq._, one of the magistrates who examined the
traverser in the jail, deposed that Henry King, upon his examination,
stated that the words "_please read and circulate_" were written upon
the pamphlet when he got it from Crandall. A bundle of the tracts were
brought in. Crandall said he had received them just as he was leaving
New York, on his way to this District. He was going down to the boat
when they were brought to him. Crandall stated, as witness distinctly
recollects, that the endorsements were made some time before. Witness
did not recollect that he stated the precise time, but that he said the
endorsements were made some time before. Did not recollect that he said
he came on directly to Washington. After the pamphlets were shown to
King and Crandall, witness's impression was that Crandall had been
detained some where on the way, and in the interval had written the
words. There was no contradiction that he noticed in Crandall's
statements. Crandall admitted that the words were in his handwriting,
but said they were written some time before. Crandall said they were all
there except about a dozen. He did not say whether he had distributed
any; but witness did not understand him to state that the number had
been diminished since he came here, but that the bundle exhibited
embraced all the tracts which he brought with him from New York.
Witness's impression that they were all the pamphlets which witness
brought to the District, except the one which he lent to King; but
Crandall did not in his statement except that one. He understood
Crandall that all that he received at New York were there, except about
a dozen. He recollected that Crandall said he had been a subscriber to
some of the abolition publications. Witness or one of the magistrates
asked Crandall "whether he was aware of the nature of the pamphlets when
he left New York?" To which Crandall replied that he supposed them to
be of the character with those for which he had been in the habit of
subscribing. Crandall was also asked "why he was put in possession by
the publishers of so many copies of the pamphlets, and whether it was
not because they supposed he would circulate them and be an efficient
agent?" In reply to which Crandall said "it might be so." He did not
intimate that he had any knowledge of his appointment as an agent.
_The Court_ here asked witness whether the traverser intimated that the
tracts were given to him with his assent and approbation.
_Witness._ He admitted that the tracts contained his sentiments; but he
was not understood to say that he approved of his appointment as an
agent, or considered himself as acting in that capacity. When Crandall
said the endorsements were written some time ago, witness called his
attention to the date of one which was not two years ago. Witness
received a written statement from Crandall at the examination. Does not
know what became of it. Thinks it was returned to Crandall. Crandall
did not say he knew the contents of the tracts when he received them,
but said he supposed they were of similar character to those which he
had subscribed for. Witness read a paper which contained Crandall's
statement on the subject, and recollects that it was written in the
jail. Has no recollection that it stated that Crandall was a member of
an Abolition or Emancipation Society. When witness called Crandall's
attention to the endorsements on the tracts, Crandall said they had been
on some time. Believes he said something about two years, and recollects
that he then remarked to Crandall that one of them had not been
published two years.
_B. K. Morsell, Esq._, (called again) stated that Crandall, when asked
whether he was acquainted with the nature of the pamphlets sent to him
in New York, said he supposed that they contained his sentiments, and
were of the same character with those which he had taken some time
before. He used these very words, "I don't pretend to deny that I am an
anti-slavery man, and profess these sentiments." The pamphlets were then
before us, and the examination referred to them. He added, that when he
came on here, he found he was too far South to circulate the tracts, and
that all he had received were those before us, except about a dozen. He
did not deny that he came direct to this city from New York. He said
nothing which impressed witness with the belief that he stopped on the
road, if he said he stopped on the way, witness did not hear it. There
was considerable confusion in the jail during the examination. Crandall
might have said many things which witness did not hear. There were a
great many people in the jail. He recollected that Crandall said the
words "please read and circulate" were written two years before, and
that Mr. Coote pointed to a pamphlet, so endorsed, which had been
printed within two years; but he understood that Crandall's statement
was applied to all the pamphlets together. He understood that some of
the pamphlets were found at Crandall's office, and some at his lodgings,
and that they were found scattered about the office.
Does not recollect that there was any testimony about unpacking a box.
There was nothing in the testimony which made any impression that there
was any distinction between the pamphlets. They were all brought
together. Recollects that Crandall handed him a written paper. Began
reading it, but could not get through with it; could not read it, and
handed it back to Crandall; supposed that it was written under some
agitation.
_Jacob Oyster_ knew the prisoner in Georgetown, and prisoner hired a
shop of him. He was sick some time after he hired it, but had a large
box put into it. When he hired it he said he was going to lecture on
botany at different places. Witness was present when he opened the box,
and it contained books, surgical instruments, and pamphlets. He saw two
or three such pamphlets as were shown in court, which were thrown out
of the box. Mr. King came in and picked up a pamphlet and said he should
like to have the reading of one; and the prisoner said he might. When
King saw it, he said it would not answer, it was too far South. A day
or two after he asked King what he thought of it, and he said he didn't
like it, and asked witness if he had seen the endorsement, which he
showed, "read and circulate." Witness didn't see any writing on the
others. He had some conversation with Crandall when the news first came
of the attempt to murder Mrs. Thornton, and told prisoner nobody was
to blame but the New Yorkers and their _aid de camps_; and that the boy
said he had made use of their abolition pamphlets. Crandall replied,
that he didn't approve of putting them into circulation, for the
excitement was too high already.
_Cross-examined._ He said he helped unpack the box--that he knew of no
other pamphlets; but Crandall had newspapers to put up his plants.
Witness was in the shop almost every day, and never saw more than two
or three people there; and never saw Crandall talking with any colored
people or slaves. He was in the habit of going out into the fields,
and brought back a great many plants. He thought the prisoner conducted
himself very well, and was a very steady man in every respect. The
papers in his office were of all sorts, and from different cities.
_William Robinson_ saw the words "read and circulate," but had never
seen the defendant write. He had received similar publications but did
not know where they came from. One came through the post-office, but was
not postmarked where it was sent from; and had no postage on it. He
returned it to New York to the publisher. He heard Crandall admit the
handwriting to be his in the jail.
_Charles Gordon_ was in the War Department, and the whole building was
flooded by them. He returned his to New York to the agent with remarks,
and had received none since. This was just before Crandall's arrest.
_Coxe_ remarked he had done the same; and it was no evidence against
Crandall.
_The Court_ was of opinion that the printing and publishing these
pamphlets in New York, is not evidence of their publication here, so as
to fix upon the defendant here such a knowledge of their publication as
to make his possession alone, even with the words "_read and circulate_"
written upon them, evidence of the publication of them by him here.
That in order to show the evil intent with which the defendant published
the paper charged in this first count, it is not competent for the
United States to give in evidence to the jury other _unpublished_ papers
or pamphlets found in the defendant's possession, unless accompanied by
evidence of some acknowledgment or admission, by the defendant, that he
knew and approved their contents.
That the evidence did not appear to the Court to justify the inference
that the defendant knew and approved the contents of those pamphlets,
unless it can be connected with evidence that they were of the same
nature with those which he had been a subscriber for.
_Key_ then proposed, as he had shown that the traverser had by his
declaration approved of the publications, and had also implied approval
by writing on the words read and circulate, to put them in as evidence
of intent, in relation to the one published, and given to the witness
King.
_The Court_ ruled that they could not be given in evidence, without
proof of publication.
_Key_ then proposed to read the Emancipator, as a paper he had
subscribed for, instead of which these had been sent.
This was objected to on the ground that there was no proof that he had
_subscribed_ for the Emancipator; and that if he had, it was at a period
previous to the time about which he was charged with any offence. The
Emancipator was sent gratis, and _taken_ by many persons who did not
approve of it.
_Jeffers_ was called, and said Crandall said he had _taken_ the
Emancipator, or _subscribed_ for it, he didn't know which.
_The Court_ decided that such Emancipators might be given in evidence
as were published before the declarations of the traverser.
_Thruston, J._, dissented from this opinion on the ground that it was
not competent to put in one libel, for which the prisoner was not
indicted, to show the sentiments he entertained in regard to one for
which he was indicted.
In the midst of considerable discussion as to the parts which were
proper to be read on the different sides, the most of the day, Tuesday
and Wednesday, was consumed in reading long articles from different
numbers of the Emancipators, to show that the Anti Slavery Society
intended to use every exertion to procure the immediate abolition of
slavery. In the course of this reading, _Key_ proposed to read an
advertisement of the different works published by the Anti Slavery
Society, which was objected to on the ground that it would admit all
the works named to be read, and as Crandall had not been proved to be
a member of that Society, he ought not to be made answerable for all
their doings, nor for all that the editor of the Emancipator might see
fit to publish.
_The Court_ decided that the reading must be confined within some
reasonable limits. That the District Attorney might read such _editorial_
articles, or parts of them, as he saw fit, and the counsel for the
defence might read any other parts, or the whole, if they chose. The
advertisement was of course rejected, but reading of other parts was
continued.
_The District Attorney_ afterwards offered evidence, under the third
count of the indictment, to put in certain tracts with pictures upon
them, which was objected to upon two grounds. _First_, that the count
was insufficient, as it did not specify any libellous publication and
did not declare that the offence was against any person, or government,
or people, which was said to be an essential form of indictment; and,
_second_, because the whole of the tracts, papers, and pamphlets, were
illegally obtained from the prisoner.
The defendant's counsel then read the warrant under which Crandall was
apprehended, which authorized the officers to take the person of the
prisoner, and to search his papers; and contended that such search
warrant was illegal--that a man's private papers were sacred from
search.
The objection was resisted on the ground that the objection was made too
late. It should have been taken at the outset of the trial, or before
the magistrates--that the warrant (which was admitted to have been made
by the District Attorney) was proper, and conformable to the law which
admitted of search in the premises and in the persons of thieves and
counterfeiters for the tools and implements with which they were enabled
to commit their crime--and that it was competent to use the evidence
which had been obtained, although it was illegally gotten in the first
instance.
_The Court_ was of opinion that the evidence was competent, on the
principle upon which evidence might be given of stolen goods found in
consequence of confession, though the confession might be forced from
the prisoner by threats or evil treatment. The confession might not be
evidence, but the fact of finding the stolen goods could be proved to
the jury.
_The Court_ also overruled the objection to the form of the count, and
did not consider it so imperfect as to authorize them to reject evidence
offered under it.
_Key_ then went on to prove that certain libels found in the possession
of the prisoner were circulated in the District.
_Gen. Hunter_ identified one of the tracts as a copy of one sent to him
through the post office, marked one cent postage, both the tract and
envelope of which having been burnt. He thought it strange the postage
from New York should be only one cent. It was about the time the city
was inundated with abolition papers.
_Coxe_ objected to the testimony, if the paper was destroyed.
_Key_ was called as a witness by Bradley, and testified that the paper
handed the witness was one of them handed in at the jail as found upon
Crandall, and had not been out of his possession, since.
_Bradley_ remarked that the paper was a July number, and had not been
published when Crandall came from New York. If, by the testimony showed,
they were all delivered in New York, this paper could not have been
found upon him.
_James A. Kennedy_ was shown a paper, and said his initials were on it.
A considerable number of the same came on in a bag--about a bushel and a
half--from New York, some of which were delivered and some were returned
to the post office. The rest were not delivered at all. He did not
recollect any of the same kind sent before, though many had been sent
since, every month, as late as March last. They came in an envelope
addressed to single individuals. The postage for a sheet was two and a
half cents. These were marked half a sheet, and some were charged one
cent and a quarter; afterwards, they were found to be more than half a
sheet, and were charged two and a half cents, as for a whole one. There
was no postmark put upon them, as that is confined wholly to letters.
_Benj. E. Giddings_ saw some of these papers at the time spoken of by
Mr. Kennedy; and never saw any before July last. They all came in a bag,
and he did not think any were dropped into the post office here. The
office here, as well as at Georgetown, had been watched to see if any
were put in by persons here.
The two last witnesses were clerks in the post office.
_Mr. Ball_ said the papers were given to him at the jail, after
Crandall's examination, and he kept them locked up till they were sent
for and delivered to Mr. Key at his office.