_Henry Gaither_ said he was in Linthicum's shop at the time when

Dr. Crandall was arrested. That an hour before he had heard that the

officers were in pursuit of him. He saw the officers, Robertson and

Jeffers, enter the office; and noticed a crowd gathering around it.

He asked Jeffers, as soon as he came out, what he had discovered, and

Jeffers, in reply, said he had found more than he expected, and had

taken 150 or 160 pamphlets. There was much excitement then in the

vicinity. Witness was then himself excited. When Crandall came out,

witness was apprehensive that he would be wrested from the officers

by the people. Oyster came in, and witness asked him if he had seen

any pamphlets. He said yes, but not more than two or three. Witness

remarked, that Jeffers said he had seen and taken 150 or 160. Oyster

replied, Jeffers is a liar. Some conversation followed, in which it

was suggested that attempts might be made to prejudice the public mind

against Crandall. Witness had since met Jeffers, on the Avenue, and

spoken with him on the subject. Witness remarked to Jeffers, the poor

fellow has suffered enough by so long a confinement, and Jeffers

assented to the remark, and added that he believed Crandall to be

innocent.

_Jared Stone_ was acquainted with Crandall, who lived three years in

witness's family, and eat at his table, in Peekskill. Crandall was a

physician who obtained a good reputation in that part of the country,

and it continued unblemished. He never was known to have any abolition

papers, or to say any thing in its favor, but was, if any thing,

opposed to it.

_Mr. Wilson_ was present at the time spoken of by Mr. Gaither, and said

one of the officers came out and said he had discovered more than he

expected, and remarked, my hopes are more than realized. He could not

recollect exactly the number of papers the officer said he had found,

but thought it was one hundred or a hundred and twenty. Some one in the

crowd said "we ought to take the damned rascal and hang him up on one

of the trees opposite." The witness then went away.

_Mr. Judson_, Representative in Congress from Connecticut, had known

Crandall from his boyhood. Crandall studied with witness's family

physician, and acquired a good reputation; nobody stood better in the

neighborhood. After he had finished his education he removed to

Peekskill, since which witness had been in the habit of seeing him

frequently; and he had always known him as a peaceable citizen. The

precise year when Crandall was admitted he could not recollect, but it

was about 1827 or 1828. Witness had not seen him for two years till he

saw him here in prison, and had never heard aught against him till now.

Mr. Judson also testified, that the prisoner was a brother of Prudence

Crandall, and that at the time of the difficulty with her and her school

for blacks in Connecticut, he met Crandall on board the boat on his way

home from New York; that he talked with him about that school, and the

prisoner said he was going to break it up; that he did not know as he

should be able to do it, for his sister Prudence was obstinate, but his

other sister, who was with her, he knew he could get away. Crandall then

continued home with the witness, and exerted himself with as much zeal

as any one could to break up the school.

_Dr. Sewall_ testified that the traverser came to him some time in the

spring to get a license to practice in the District, and showed him two

letters of high recommendation. He had some conversation with Crandall

upon subjects of science and upon his knowledge of medicine and surgery,

and formed a high opinion of his talents and acquirements. He advised

the defendant by no means to abandon the practice of his profession

for entering upon botany or chemistry, but if he could do that without

interfering with practice, it might do; he thought him too well

qualified in the profession to give it up. Crandall also showed the

witness a diploma, which was regularly signed, and he gave a verbal

license to practice, and said at the meeting of the Board he would have

a regular license made out. He had no reason to believe, from his

conversation with the prisoner, that he had any object in view except

the pursuit of his profession. All the stories that he had talked upon

the subject of abolition with witness, and given him Anti-Slavery

papers, were mere idle talk.

_Mr. Howard_ said he was sheriff of Winchester county, where Crandall

lived, and identified the handwriting of signatures to a letter of

recommendation which Crandall brought with him, and which was allowed in

evidence. All the signers were respectable men. Witness thinks he should

have known if any Anti-Slavery Society existed there--but he knew of

none. He also remembered that Crandall delivered lectures on chemistry

there, and he attended them.

_Mr. Ward_, Representative from the district where Crandall resided,

knew that he had lived there seven or eight years, and that he had a

high reputation as a respectable man, and a good physician.

_Mr. Austin_ was now a resident in Georgetown, but formerly lived in

Peekskill, where he knew the prisoner, who lived in his family three

years. He came then in consequence of having raised up Mrs. Austin

from a dangerous sickness. Witness was a lawyer, and knew Crandall's

reputation to be high as a physician and surgeon, far and near. Witness

was President of a Temperance Society, and Crandall was Secretary; he

did not know of any Anti-Slavery Society, and did not know or believe

that the prisoner belonged to any, or had any thing to do with them.

Crandall came on at his request to accompany Mrs. A., who, with her two

children, were always severely sick in travelling; and returned home

soon after, when he came back again to stop here to teach botany. He

came to witness's house on his return, and was taken sick soon after and

confined to his room. Witness was not a subscriber for the Emancipator,

though he understood one of the numbers in court was addressed to him.

He never saw any abolition papers in Crandall's possession. If he had,

they would have attracted his attention. Witness did not know how the

large box of books and papers came on, but supposed they came by water

when Crandall came the second time. He could not say distinctly, but he

thought a Mr. Dennison, an abolition agent, once left some abolition

pamphlets at his house for himself, and some for Crandall. He could not

identify them in court as the same, and he could not swear whether the

endorsement on them was in Crandall's handwriting or not.

_Mrs. Austin_ said she had known the prisoner as long as Mr. Austin,

and that his conduct in her family was irreproachable. She remembered

Mr. Dennison's having left pamphlets for Crandall and her husband, but

could not say those in court were the same, but they were similar.

Crandall came at her husband's request, to accompany the family, because

they were sick in travelling. He did not wish to come further than New

York, and would not consent to come further than Philadelphia; but as

Mr. Austin did not meet them there, he kindly came on to Washington. She

was cleaning up the house, preparatory to leaving it, and gave Crandall

the large box; and asked his permission to put into it his books and

papers. These pamphlets were lying as waste paper in the garret, and she

threw them with others into the box. Saw that some of them had writing

on, but didn't know of any with writing on in the trunk. The box was sent

round by water, but he brought the trunk when he came on the second time.

He did not carry it to the house when he arrived at night, but it was

sent over in the morning. Crandall was immediately taken sick, and

witness frequently went to the trunk for various purposes, and saw a

package nicely done up, which she supposed to be books. The package

remained just as it was tied up at the bookstore, till six or eight days

before the prisoner's arrest, when she had curiosity to know what it

contained, and he consented that she might open it.

Some conversation was held between witness and prisoner, before and

after opening, which the court refused to admit in evidence.

Mrs. Austin went on and testified, that she did not tie up the package

again, but left it, and she saw it repeatedly in the same state up to

the time of prisoner's arrest. She also saw several Emancipators in the

house, and one or two tracts sent by mail, which she used or destroyed

as waste paper.

_Bradley_ here offered to put in two letters and a deposition from the

man who gave Crandall the package in New York.

_Key_ objected that it was not legal evidence.

_Bradley_ knew it was not, but the witnesses were beyond the reach

of the court--they could not be forced to come and testify; and had

distinctly declared that they were afraid to come into the District.

He had last term requested the District Attorney to join him in taking

their depositions, in consequence of the circumstances, but having been

refused, he had gone on and taken them exparte, and he hoped they would

be allowed to go to the jury.

_Key_ was willing to admit any thing reasonable, but this testimony was

clearly inadmissible.

_The Court_ said, by the rules of evidence, it could not be given but

by consent.

_Mr. Carlisle_ opened the summing up for the prosecution, and remarked

that his was observed by the opposite counsel to be the only case of

seditious libel ever brought before this court, and I will add,

gentlemen, that the decision of it may determine whether or not it may

be the last;--whether or not this traverser may return to his fellow

laborers in iniquity, and inform them that _here_ he has found the gates

wide open, and the way all clear for the propagation of their libels and

their plans. It has been truly said that this topic is one of excitement

all over the country. Under these circumstances this traverser may

congratulate himself upon the opportunity of a fair and full trial, and

that he has not been the victim of summary justice. But, gentlemen, let

justice lose nothing of its proper efficiency by being administered with

coolness and deliberation. The opposite counsel say that the charge

is grave. Aye, gentlemen, it is so, but the proof is full. The offence

charged is one of a fatal, devastating, and, beyond all power of

palliation, most horrid character. These libels are not like common

libels, which tend to bring individuals into discredit and disrepute.

It is an offence of which the like is not contained in the annals of

criminal jurisprudence, peculiar to the state of our society, and in

enormity equal to all other crimes combined. An opulent and extensive

society send out their emissaries and commission and enjoin them to

scatter these infamous productions in the highways and by-ways; to

proclaim them from the house tops, and whisper them in the chimney

corners; to teach to all, high and low, that slaveholding is

man-stealing; and yet they mean no such thing as breaking the peace,

and abhor all violence and tumult. Does the preaching such language

to slaves tend to pacification?

Mr. Carlisle was here commenting upon the nature of the agents employed

for these unlawful purposes, to show that educated men, such as

Dr. Crandall, were the kind naturally to be selected, and was further

proceeding to examine the evidence as applicable to the laws, and, in

his opinion, conclusively establishing the guilt of the traverser, when

extreme physical debility and indisposition prevented him from

proceeding.

_Mr. Bradley_ then commenced summing up for the defence. He said the

nature of the charge was such that it was almost impossible to set aside

the prejudices which had been cherished from youth up, and which were

so natural to men of this section of the country; but he felt confident

the jury would give him a patient hearing, and judge correctly after a

careful consideration of the case. He then gave a statement of the

points of the evidence, upon which there was no dispute; such as--That

the prisoner allowed one pamphlet to be taken by Mr. King; that he was

found here with a number of other papers; that some came round in a box

by water; and that others were given him in New York, and brought on in

his trunk. He wished to draw a distinction between the kinds of papers.

It was proved that a bundle of papers were found, and they were here in

court; but the contents were unknown; whether good or bad the jury had

no right to infer. A large number of papers were found, some of which

were brought away and the others were left. That was all the jury had

to consider, except in regard to three numbers of the Anti-Slavery

Reporter, five numbers of the Emancipator, and the late pictures which

were cut from a work, and represented in contrast two modes of

education--one where children were whipped, and the other where they

were taught more mildly by means of books.

He would not stop now to consider the declarations said to have been

made before the magistrate. Nothing could be more unsatisfactory and

uncertain evidence than these examinations. The very fact that a man is

accused throws him off his guard, and he may say what he does not

intend, or which, if he did, in the midst of excitement the witnesses

might not properly understand or correctly remember. It was said there

were contradictions in his statements, but that supposition arose

entirely from a mistake of one of the justices. The other understood it

differently and saw no mistake at all. It respected the manner in which

he brought on the books--one understood him to say that they were all

given to him in New York, and that he brought them here, and they were

all in the jail but about a dozen; and then, at another time, he said

that he had some of them a long time. The other justice understood him

to say that all that he brought into the District were there, and that

they were all he brought from New York, except about a dozen, which he

supposed he had left by the way. Neither of these suppositions were

right. When he said they were all of them, he meant to say all he

brought from New York; that he had distributed none, for even the one

he loaned to Mr. King was taken by the prisoner from Linthicum's shop,

and was then in Mr. Key's possession, though they supposed it was lost;

and when he referred to about a dozen, he meant that he brought them all

with him except about a dozen, which came in a box by water. It had been

said that he admitted he had circulated a dozen; and yet the United

States' witnesses prove that he denied having circulated any, and from

the first disapproved of putting them in circulation. When the learned

counsel asked why the persons were not brought, to whom he had given the

dozen, to show that they were respectable men, he should have remembered

that the testimony was all against such an idea; and that, if he had

distributed any, the zeal and perseverance of the District Attorney and

the officers would have discovered evidence of it.

It was also asked why the person who gave the bundle to him in New York

was not brought to testify in his favor? as if the criminal wretch who

had palmed off these incendiary papers upon an innocent man, without

his knowledge, could be brought here to testify, when he was beyond

the jurisdiction of the court, and had declared that he was afraid to

come. He had requested the Attorney to have a deposition taken, but he

refused; and when he was spoken to, he threatened a prosecution, and

said he should like to see him; he wished he could get him. The Attorney

now says he would be safe; perhaps so from him; but there are here, as

elsewhere, hundreds of base cowardly scoundrels, who are willing in mobs

to hunt down any one against whom they conceive a prejudice; men who

dare not face a man alone, but who, backed by a mob, are willing to

assail an individual without knowing any thing of his guilt or

innocence.

Mr. B. then commented upon the character of the libel charged, and read

the first count. The first paragraph, he argued, contained no incendiary

language, unless it was to call slavery a crying abomination. He had not

known before that those words were calculated to stir up insurrection.

People were in the habit of hearing them daily from the pulpit, and he

never knew that they became seditious on account of it. The whole of

the matter was a controversy between the Anti-Slavery Society and the

Colonization Society, in relation to the expediency of their different

measures; and if any body could make any thing libellous, he must have

intellectual spectacles stronger than those with which Newton looked at

the stars. In the next paragraph slavery is called "unrighteous," which

was the great offence charged there. If this was a libel, he should show

that Arthur Tappan & Co. were not singular in the guilt of libelling;

for that fathers of the church in a slave state had called slavery

unrighteous too, and that some of the most eminent of our patriotic

Southern politicians had used far stronger and more exciting language.

This was all a controversy whether it was proper that provision should

be made that no slave should be emancipated unless provision was made

for sending him out of the country; and the writer contends that to make

sending a man out of this country, where he was born, a condition of

releasing him from bondage, in which he was forcibly held was a moral

absurdity; and to say so might be libellous, but he could not understand

how it should be so. Some of the jury would recollect when a discussion

of this topic took place in the Legislature of Maryland upon a proposed

law to the same effect, and they would remember that similar arguments

were used there.

The next passage was an extract showing the treatment of slaves in

another country, different from ours, where they have no law to protect

the persons of slaves; and could not apply to the condition of any

portion of our people. It could not be libellous to have the book giving

the original journal of the traveller, and, if it were not, he did not

see how any evil or excitement could be produced by this extract.

He came next to the passage in the second count, which was an extract

of a speech, in which the orator tried to say something grand; but it

amounted to no more than had been said by slaveholders themselves; and

though the Attorney said it with an amusing emphasis, yet he would show

stronger language, to the same purport, in the writings of Mr. Jefferson

and of Mr. Archer, of Virginia, which had been approved by all who heard

or read them.

The whole argument used in the Anti-Slavery Reporter, he contended, was

mild and temperate, more so than could be expected, when the different

habits and modes of thought of the people from whence they came were

considered--a people who, from infancy upward, had heard nothing but the

accents of freedom, and had never lived in a country where they could

actually know the practical effects of our system of slavery. The

example was set them by the ablest writers here, and if we publish and

send to them similar writings, is it to be considered wonderful that, in

their discussions, they should adopt it. Their argument is, that slavery

may increase to be an evil which, by and by, cannot be remedied without

violence and bloodshed; and it is addressed to men who have the power

and the influence to apply a remedy now. The same arguments were

published here by the Colonization Society, which does honor to human

nature, and were founded on extreme necessity.

He read numerous extracts of books to show that similar expressions to

those in the libels charged, were not considered blameable if uttered

or published at the South; and denied the right of the District Attorney

to take particular words, here and there, and hold them up to fix the

character of the paper, without regard to the connexion in which they

were used; and he said that if Crandall was indictable for the language

and meaning of the Anti-Slavery Reporter, then every member of the

Colonization Society were liable to indictment.

[It may be proper to introduce one or two extracts, that the reader may

know the character of the papers read. The following are taken from an

address to the Colonization Society of Kentucky, by _R. J.

Breckenridge_.]

"There are some crimes so revolting in their nature, that the just

observance of the decencies of speech deprives us of the only epithets

which are capable of depicting their enormity. Every well regulated

heart is smitten with horror at the bare idea of their perpetration;

and we are uncertain whether most to loathe at the claim of those who

habitually commit them to companionship with human nature, or to marvel

that the unutterable wrath of heaven doth not scathe and blast them in

the midst of their enormities. Let the father look upon the dawning

intelligence of the boy that prattles around his knee, the pride of his

fond heart, and the hope and stay of his honest name; and then, if he

can, let him picture him in distant bondage, the fountain of his

affections dried up, the light of knowledge extinguished in his mind,

his manly and upright spirit broken by oppression, and his free person

and just proportions marred and lacerated by the incessant scourge. Let

the husband look upon the object in whose sacred care he has "garnered

up his heart," and on the little innocent who draws the fountain of its

life from her pure breast, recalling, as he gazes on one and the other,

the freshness and the strength of his early and his ardent love; and

then if he be able, let him picture those objects, in comparison with

which all that earth has to give is valueless in his eyes, torn from him

by violence, basely exchanged for gold, like beasts at the shambles,

bent down under unpitied sorrows, their persons polluted, and their pure

hearts corrupted--hopeless and unpitied slaves, to the rude caprice and

brutal passions of those we blush to call men. Let him turn from these

spectacles, and look abroad on the heritage where his lot has been cast,

glad and smiling under the profuse blessings which heaven has poured

on it, let him look back on the even current of a life overflowing with

countless enjoyments, and before him on a career full of anticipated

triumphs, and lighted by the effulgence of noble and virtuous deeds,

the very close of which looks placid, under the weight of years made

venerable by generous and useful actions, and covered by the gratitude

and applause of admiring friends; let the man-stealer come upon him, and

behold the wreck of desolation! Shame, disgrace, infamy, the blighting

of all hopes, the withering of all joys; long unnoticed wo, untended

poverty, a dishonored name, an unwept death, a forgotten grave; all, and

more than all, are in these words, _he is a slave_! He who can preserve

the even current of his thoughts in the midst of such reflections, may

have some faint conception of the miseries which the slave trade has

inflicted on mankind. I am unable to state with accuracy the number of

the victims of this horrible traffic; but if the least dependance can

be placed on the statements of those persons who have given the most

attention to the subject, with the best means of information, it

unquestionably exceeds ten millions of human beings exported by violence

and fraud from Africa. This appalling mass of crime and suffering has

every atom of it been heaped up before the presence of enlightened men,

and in the face of a Holy God, by nations boasting of their

civilization, and pretending to respect the dictates of christianity.

The mind is overwhelmed at the magnitude of such atrocity, and the heart

sickens at the contemplation of such an amount of human anguish and

despair."

The Trial of Reuben Crandall, M.D. Charged with Publishing and Circulating Seditious and Incendiary Papers, &c. in the District of Columbia, with the Intent of Exciting Servile Insurrection. Carefully Reported, and Compiled from the Written Statements of the Court and the Counsel. · 第 4 / 6 段