On the 18th September, Collister Wilson was lodged in Moyamensing

prison. It does not appear by whom he was committed.

On Sunday morning (the 14th Sept.) the prisoners who had been taken

to Lancaster, were again brought before Alderman Reigart, but were

remanded until Tuesday the 16th.

Before the 16th, it was thought advisable by those in authority, to

change the nature of the charge against the prisoners. They had been

arrested as offenders against the Commonwealth of Pennsylvania. Now

they were to be considered as culprits, to be punished by the laws of

the General Government, and were to be accused as traitors. It was

probably with a view to prepare for this, that, when they were brought

to the appointed place on the 16th, they were again remanded for one

week, until Tuesday the 23d of September.

It is generally considered that a man is safe from prison walls until

it has appeared to a magistrate that there is probable cause for

believing he has committed some offence that should be inquired into

by a jury of his country. Such was the common law of England, and many

believe it to be the common law of this country. The magistrate has

the right, in the exercise of a sound discretion, to detain suspected

parties a _reasonable_ time, while he hears the charges and decides

whether there is necessity for his making a formal commitment. In these

extraordinary cases, however, the operation of the law seemed to be

inconvenient to those who had its initiatory administration, and the

rule was not observed.

Before the appointed time, the company in the prison had been

increased. On the 18th September, Jacob Moore was arrested on process

issued by Squire Pownall.

The prisoners were brought up to Lancaster County Court House about 10

A. M., and the examination began before Alderman Reigart.

Thomas E. Franklin, Esq., John L. Thompson, Esq., District Attorney

for the County of Lancaster, John W. Ashmead, Esq., District Attorney

of the United States for the Eastern District of Pennsylvania, and

R. J. Brent, Esq., Attorney General of the Commonwealth of Maryland,

appeared as counsel to sustain the charges against the prisoners. On

their behalf appeared the Hon. Thaddeus Stevens, George M. Kline,

George Ford and O. J. Dickey, Esqrs.

Twelve witnesses were examined on the part of the United States, and

about the same number on the part of the defence. After two days

deliberation, the Alderman felt it his “duty to commit Castner Hanway,

Elijah Lewis, John Morgan, Henry Simms, Jacob Moore, Lewis Clarkson,

Charles Hunter, Lewis Gales, George Williams, Alson Parnsley, George

Wells, Nelson Carter and Jacob Woods, into the custody of the Marshal

of the U. S. for the Eastern District of Pennsylvania, to answer at the

next session of the U. S. Circuit Court, the charge of having committed

Treason against the United States and aiding and abetting in the murder

of Edward Gorsuch, a worthy citizen of the State of Maryland.” They

were accordingly brought down to the Moyamensing Prison on the 25th of

September.

H. Clemens, A. Clinch, W. Harris, J. Phillips, L. Stewart and C.

Valentine were discharged, having been detained in prison from the

12th to the 25th of September to await their examination. Jacob Woods,

the man last mentioned, does not appear to have been arrested. He

was, towards the close of the examination, upon the witness stand,

virtually, though not formally, as state’s evidence. It appearing that

his testimony implicated himself more than any one else, was probably

the cause of his detention as prisoner instead of witness.

On Monday the 29th of September, “in consequence of the determination

of the District Attorney to send bills to the Grand Jury indicting for

Treason those accused of participation in the Christiana riot,” Judge

Kane charged that body at length upon the law which should govern them

in their inquiries. This course was required of the Judge by his duties

as a public officer; yet many were surprised that he should have taken

as the basis of his charge statements which many persons knew to be

purely imaginative.

He stated briefly the occurrences at Parker’s house on the morning

of the 11th September as he had heard them, and that “it was said

that the time and manner of these outrages evinced a combined purpose

forcibly to resist and make nugatory a constitutional provision; and in

confirmation of this, it is added, that for some months past gatherings

of people, strangers as well as citizens, have been held from time to

time in the vicinity of the place of the recent outbreak, at which

exhortations were made and pledges were interchanged to hold the law

for the recovery of fugitive slaves as of no validity, and to defy

its execution.” Personally, however, the learned Judge said he knew

nothing of the facts, and had attempted to preserve his mind free and

unprejudiced, being one of the members of the tribunal before which the

accused might be tried.

If the circumstances mentioned had taken place, the Judge was correct

in saying the highest crime known to the laws of the United States had

been committed at Christiana. He cited many authorities, and concluded

by stating with what misdemeanors the prisoners could be charged, under

the acts of Congress, if the Grand Jury were of opinion that treason

had not been committed.

On Friday of the same week (Oct. 13) the Grand Jury returned true bills

charging the following men with Treason.

(White). C. Hanway, E. Lewis, J. Scarlett, and James Jackson.

(Colored). J. Moore, G. Reed, B. Johnson, D. Caulsberry, A. Parnsley,

W. Brown, (2nd), H. Green, E. Clark, J. Holladay, W. Williams, B.

Pendergrast, J. Morgan, E. Thompson, T. Butler, C. Wilson, J. Jackson,

W. Brown, J. Clarkson, H. Sims, C. Hunter, L. Gales, P. Woods, L.

Clarkson, N. Carter, W. Parker, J. Berry, W. Berry and G. Williams.

One charging George Wells (colored) with the same offence, was ignored.

On the next day, like bills were returned against S. Williams, J.

Hammond, H. Curtis, W. Williams, W. Thomas and N. Ferd.

The bill against Noah Buley was ignored.

On the following Monday, the 6th of October, the U. S. Circuit Court,

in which the prisoners were to be tried, held its session. The District

Attorney moved for a special venire to issue to the Marshal to summon

108 Jurors, 12 of whom were to be from Lancaster County, “to try the

charges against Elijah Lewis and 37 others who had been committed for

treason against the United States growing out of the murderous outrage

at Christiana.” He announced that he would move for the arraignment of

the prisoners on the following Thursday, and that the fourth Monday of

November had been fixed for the trials. Judge Grier said that such a

motion was strictly proper, and he directed the Marshal “to summon men

of the highest respectability of character, for intelligence, integrity

and conscientiousness, in the community, and to inform them that their

attendance will be enforced by the Court, and that no excuse but

sickness would be received for non-attendance.”

The arraignment did not take place the next Thursday, for reasons best

known to the District Attorney. No further public proceedings were had

until the trial. In the mean time the Traitors were made as comfortable

by the attentions of their friends as the rules of the prison

permitted. Though the building was erected at an enormous expense, it

is badly ventilated and miserably heated. Yet the rules did not permit

any of the prisoners to have fire in their cells, which at that season

of the year was absolutely essential to their comfort. Some of them,

predisposed to pulmonary complaints, suffered severely on account

of this privation. Before the termination of the trial the Court

ordered the Marshal to provide more suitable quarters for two of them,

representations having been made by their counsel that this precaution

was necessary to preserve their health and probably their lives.

On Sunday morning, Nov. 9, about 4 o’clock, two of the witnesses for

the prosecution, who had been detained in the Debtors apartment of the

Moyamensing Prison, made their escape, by means of the shutters of

their cells and their blankets. A white man who was under confinement

on another charge went with them.

On Tuesday morning, in the District Court, the District Attorney, after

stating the facts, asked for a writ of Habeas Corpus directed to the

keeper of the Debtor’s apartment, returnable on the following Friday,

directing him to bring forth the runaways. On Friday, the keeper asked

for more time to make answer, and the following Monday was appointed.

On Monday, it appeared by the statements of some of the counsel for

the defence that the truant witnesses were more important for the cause

of the prisoners than for the prosecution, and they came into court

to complain of the escape as prejudicing their clients. The District

Attorney undertook to controvert this position, and argued that because

these witnesses were receiving $1.25 per day from the United States

while in confinement, more than they could have earned if at liberty,

their escape was not their own act and deed. A strange and novel

doctrine! Most men, whatever their complexion, would prefer the light

and air of heaven at 50 cents per day, to a cell 8 by 12, in a prison

notorious for its poor ventilation, at $1.25. This was, however, the

only evidence of “assistance from without,” which the U. S. Counsel

so frequently insinuated, and upon which Mr. Brent, in his official

report, rings such doleful changes, charging treachery on the part of

some officer _within_ the walls of the prison. The public was therefore

informed by one official dignitary, that these witnesses were assisted

_from without_; another tells us assistance came _from within_.

Leaving out of the question the universal preference for the _outside_

of prison walls, there are two circumstances to be considered in

relation to this escape, which, when told, the public will be as well

able to surmise the truth as any attornies, whether in or out of

office. These fugitives were confined as witnesses, not as defendants

upon _any_ charge. Their friends, or the friends of emancipation,

had not the same access to them the law gave to the prisoners. Being

detained to testify on behalf of the United States, they were under the

strict and especial charge of the government officers.

Besides, the Moyamensing prison is notoriously insecure. Scarcely

a month passes by that there are not escapes. The iron bars in the

windows of each cell are merely let into the mortar, which a prisoner

has only to remove with his knife. The bar can then easily be

displaced; and if a little management is used to escape the observation

of the keepers, a defendant need not wait for the verdict of a jury to

restore him to liberty.

On the investigation of the law relating to the matter, it was found

that the keeper of the debtor’s apartment was not amenable to the

United States District Court. The inquiry was accordingly dropped,

informally.

On the same morning, at the instance of the District Attorney, it was

ordered that the bills against the prisoners be certified to the U. S.

Circuit Court, and he announced that Castner Hanway would be tried on

the following Monday. John Jackson, it was also said, would be tried

immediately after Hanway.

During the week, the preparations made on both sides were conducted

in private; but one or two matters that excited some attention were

permitted to make their way into the public prints. The entire

private history of the difficulty which required the umpirage of the

authorities at Washington, would be peculiarly _piquant_. But we have

undertaken only an epitome of such matters as were made public, and

would be digressing from the course marked out, were we to go “behind

the scenes.”

It appears that as soon as the preliminary examinations were concluded,

and it was determined to try the offenders upon the charge of treason

against the United States, intimation was received from Washington by

the authorities in Philadelphia, that the Administration desired no

pains should be spared in conducting the trials with energy, and in

a style worthy the occasion. The learned District Attorney for the

United States obeyed these instructions to the very letter. Counsel

were retained to assist him. The country was searched to procure the

necessary evidence. Arguments were prepared beforehand, and briefs

drawn by skilful hands to be used at the proper time. Before these

preliminaries were quite concluded, letters were received from the

Attorney-General of a neighboring State, which, by their tone, plainly

showed that the writer considered himself entitled to the management of

the whole matter, and offers, it is said, were made to the authorities

here and their colleagues, to take the control of such portions of

the trials as this professional usurper chose to assign them? No

proposition like this could be entertained. The _dramatis personæ_ had

all been assigned their parts, and had studied their speeches. The

machinery had been adjusted for a certain number of wheels, and more

than these would clog the movement. Answer was made that there were

no vacancies to be supplied; but if the Attorney-General chose to be

present, some alteration might, perhaps, be made in the programme.

The chief Executive of the State he represented, would not permit

his officer to be thus rebuffed. Complaint was formally lodged at

Washington, the result of which was, that the whole management of the

case was altered. The then Secretary of State wished to _compromise_;

and when the District Attorney of the United States for the Eastern

District of Pennsylvania arrived from Philadelphia, he was told that

the affair was unfortunate indeed, but an alteration was unavoidable.

The Attorney-General must be allowed to have his own way; and those who

had expended their time and talents in making the proper preparations

of the case, were to acknowledge him as their leader.

The effect of this misunderstanding was manifest upon the trial, and to

it is solely attributable the fact that, professionally speaking, the

management of the prosecution in Hanway’s case was, in many respects,

a complete blunder. Had the original intentions been pursued to

completion, the Bar of Philadelphia would not have been surprised by

the imbecile efforts that were made from time to time to bolster up the

mistakes and omissions constantly resulting from a misapprehension of

both the law and the facts of the case, on the part of those who had

assumed its management.

The papers of Saturday, the 22d of November, announced that the trials

would begin on Monday, and added, that “Such conveniences as the

limited room in which the trials are to take place (would allow) have

been prepared; but they are totally inadequate to the occasion, and we

shall not be surprised to hear of _hundreds_ being disappointed who

would like to hear the evidence and the arguments of counsel.”

This alone would be a sufficient answer to the absurdity of the

statements made by Mr. Brent in his official report, in regard to the

favors shown by the Marshal to the male and female members of the

Anti-Slavery Society, and to free negroes. The extract is made from

“Cummings’ Evening Bulletin,”--the authority Mr. Brent cites in support

of his allegations. It was penned before the commencement of the trial,

and may be considered as the testimony of an unbiassed witness.

If, however, the Governor of Maryland, to whom Mr. Brent’s report

is made, had taken the trouble to examine the files of the paper in

question, he would have found that on the first day of the trial, the

reporter says: “Long before the hour arrived for the Court to meet,

the seats were occupied by _white_ men, and _not a female_ made her

appearance. We did not see a colored man in the room.” In the account

of the second day, he says: “A very few members of the Society of

Friends were present; and these few were probably the personal friends

of Hanway.” In the report of the third day, no remark is made about

persons present. The reporter, however, says: “The seating of every

person who desires to be present cannot, of course, be accomplished.”

On the fourth day, it is said: “The same absence of colored persons is

visible.” Throughout the whole trial, no mention is made of colored

persons _in the Court room_, except those brought up from prison to be

identified by the witness Kline.

The exclusion of “a respectable gentleman from Maryland,” one of the

witnesses,--mentioned by Mr. B., is not a case of extremity. During

the examination of the witnesses who were called to testify to Kline’s

good character, a gentleman of Philadelphia, a member of the Bar, and

consequently an _officer of the Court_, who had been subpoenaed,

when called to the stand, before he answered the questions asked him,

complained to the Judges that he had been denied admission to the

Court room. Towards the close of the trial another member of the Bar

complained to the Court of the same thing. In both cases the Marshal

was called to account, and justified the conduct of his deputies by

saying the room was too small to admit all who desired to be present.

The Judge told him to do the best he could, and that all members of the

Bar _must_ be admitted.

The writer of this went away more than a dozen times because it was

impossible to get near the door, and saw hundreds do the same thing.

He was personally known to every officer of the Court, and could have

gained admission had there been standing room.

Those who wished to hear and see, secured their places betimes. If Mr.

Brent had read his favorite authority more closely, he would have seen

that the reporter remarks jocosely upon the perseverance and patience

of those who “secured their seats by seven o’clock A. M., and waited

till ten for the opening of the Court.” Had the “respectable gentleman

from Maryland” been out of bed in time, he might have secured a front

seat.

On Monday, the twenty-fourth of November, the Trial was commenced at

eleven o’clock A. M., in the United States Court room, at Philadelphia.

The entire second floor of the building, known as Independence Hall,

is leased by the General Government for the sittings of the Circuit

and District Courts. The eastern portion, immediately over the room in

which Congress held its sessions when Independence was declared, is

divided into the offices of the Clerk and Marshal, Jury and Witness

rooms, &c. The western portion is the Court room, and is probably one

of the most elegantly furnished, for court purposes, in the country.

The learned Judge of the District Court takes great pride in having

everything about him conducted in the most polished style, and few

Courts can boast of more urbane and polite attendants than the Circuit

and District Courts of the United States for the Eastern District of

Pennsylvania.

For all ordinary purposes, for admiralty causes, the hearing of patent

cases, and other business usually transacted in these Courts, the room

is sufficiently large. But on occasions attracting much of public

attention, great inconvenience is felt by all whose duties compel them

to be in attendance; and during the trial of Castner Hanway, as has

just been seen, complaints were loud and frequent.

For this occasion the room had been refitted. Gas fixtures of the

chastest designs had been erected, in anticipation of evening sessions.

Ventilators of the most appropriate patterns had been placed in the

ceiling, controlled by cords terminating at the bench of the Judges, so

that a uniform temperature could be preserved. Nothing was wanting but

space to promote the ease and comfort of those who were to figure in

the solemn investigation about to take place.

Long before the appointed hour, the Court room was filled with persons

anxious to witness the opening ceremonies. Officers were in attendance

to see that the spectators were seated, and no more were admitted

than the room would contain comfortably. In the lobbies and on the

stair-way, policemen were stationed to prevent the crowd from rushing

up, to allow those to pass who had been called thither by duty, and

to preserve order below. For the first ten days they were retained on

duty, their number being diminished by degrees until public curiosity

had subsided.

At eleven o’clock, Judges Grier and Kane took their seats, and the

Court was opened by the usual proclamation. The clerk called the names

of one hundred and sixteen persons who had been summoned by the Marshal

to attend as Jurors. Among them were some of the oldest and best known

citizens of the eastern part of the State of Pennsylvania,--men whose

lives were a guaranty that they were above all petty influences and

vulgar prejudices,--who could safely take the oath prescribed by law

for a juror.

Eighty-one answered to their names. Several of the absent had sent

excuses, and nineteen of those present were released either absolutely

or temporarily on account of sickness or other causes. Preliminary

arrangements were made for reporting the proceedings phonographically

for the use of the Court and the counsel. Some conversation was had as

to the propriety of restraining the publication of the testimony, &c.,

of the trial in the newspapers, for fear that, upon a second trial, an

unprejudiced panel of jurors could not be found. But no order was made

by the Court, and during the whole trial, the papers of this and the

adjoining cities contained full accounts of everything that transpired.

The District Attorney then gave notice that “as at present advised, he

would in the morning move for the arraignment of Castner Hanway,”--and

the Court adjourned for the day.

On Tuesday morning, before ten o’clock, the Court room was again

filled. After a few more excuses of jurors had been heard, the District

Attorney for the United States, moved for the arraignment of the

defendant, Castner Hanway. Mr. John M. Read, one of the counsel who

afterwards appeared for the prisoner, made some remarks in regard to

the informality in the summoning of the panel of jurors, and cited

several cases to sustain the objections which he informally made to

the whole array. The District Attorney in reply alleged that the

return to the _venire_ was perfectly proper, but intimated that if the

counsel for defence would move to quash the array, there would be no

opposition on the part of the Government. This was the first intimation

given to the public that the jurymen returned were unsatisfactory

to the prosecution. There had been rumors that the District

Attorney himself intended making a motion to quash, but no official

dissatisfaction had been previously known. To such a proposition,

however, the defendant could not agree. He had been in a felon’s cell

for more than two months, and his health and strength were fast giving

way to the confinement. He and his friends had spared neither pains

nor expense to procure the attendance of witnesses, and were as well

prepared then for trial as they ever could be. Any panel of impartial

men was all he asked, and this he had no reason to doubt were then

summoned, as by law, he was entitled to have them. Yet to give the

Government as fair an opportunity as its officers desired, another of

his counsel, Mr. Thaddeus Stevens, offered to make the motion to quash,

on condition that the prisoner be admitted to “_ample_ bail,” and the

trial be ordered to take place in the county of Lancaster. The District

Attorney refused to agree to this, and the clerk read to the defendant

the Indictment.

This paper, containing five counts, charged him with wickedly and

traitorously intending to levy war upon the United States. It embraced

the usual amount of legal nonsense, and recited as much of the

transactions at Christiana on the morning of the 11th September, as

were necessary.

After the reading had concluded, the clerk asked him--

How say you, Castner Hanway, are you guilty or not guilty?

_Hanway._ Not guilty.

_Clerk._ How will you be tried?

_Hanway._ By God and my country.

_Clerk._ God send you a good deliverance.

A History of the Trial of Castner Hanway and Others, for Treason, at Philadelphia in November, 1851 With an Introduction upon the History of the Slave Question · 第 4 / 8 段