Philadelphia, THADDEUS STEVENS of Lancaster, JOS. J. LEWIS of
Westchester, THEODORE CUYLER of Philadelphia, and W. ARTHUR JACKSON,
ditto.
On behalf of the government were present: JOHN W. ASHMEAD, District
Attorney of the United States for the Eastern District of Pennsylvania,
GEO. L. ASHMEAD of Philadelphia, JAMES R. LUDLOW, ditto; and in the
phonographic report it is stated that “the State of Maryland was
represented by ROBERT J. BRENT, JAMES COOPER and R. M. LEE.”
Why such a statement should appear in the only report of the case
printed by authority is totally inexplicable. The government of the
United States had no right to admit the State of Maryland as a party
to the record. If Hanway had offended against any State authority, it
was against the State of Pennsylvania. The statement, then, must be
a mere _dictum_ of the reporter, and the entire array of counsel for
the prosecution must have been by _permission_ of the United States
government.
The counsel for each side having been formally recognized, the clerk
proceeded to call a jury. The government submitted a series of six
questions, which it was proposed to ask each juryman, touching his
competency to be sworn. The first related to conscientious scruples
on the subject of capital punishments--the usual question put in
capital cases; the second, third, fourth and fifth asked, in different
forms, whether the juror had formed an opinion of the case; and the
sixth asked his opinion of the Fugitive Slave Law. After remarks from
the counsel on both sides, they were amended by the court, but not
materially altered. The rest of the day was spent in selecting jurors,
and discussing matters which arose from time to time upon their answers
to the several questions put to them.
The third day passed in the same way, Minor points were raised by the
counsel and decided by the court, but nothing of general interest
occurred. It was, however, by this time, evident that the trial would
occupy much time, and arrangements for the accommodation of the jury,
witnesses, &c., were made accordingly. By three o’clock, eleven jurors
had been sworn, as follows:
1. Robert Elliot, Perry county.
2. James Wilson, Adams county.
3. Thomas Connolly, Carbon county.
4. Peter Martin, Lancaster county.
5. Robert Smith, Adams county.
6. William R. Saddler, Adams county.
7. James N. Hopkins, Lancaster county.
8. John Junkin, Perry county.
9. Solomon Newman, Pike county.
10. Jonathan Wainwright, Philadelphia county.
11. Ephraim Fenton, Montgomery county.
The 12th, James Cowden, Lancaster county, was called but not sworn
at the time. The Court had determined to adjourn over till Friday,
Thursday being the day appointed by the Governor of Pennsylvania as
Thanksgiving day. As the rule of law would have required the jury to
remain together, after the panel was complete, until a verdict was
rendered or they were discharged by the court, for their comfort, Mr.
Cowden was not sworn. They were allowed to separate, and his Honor,
Judge Kane, informed them that apartments had been provided for them at
the American Hotel, immediately opposite the courthouse, where he would
advise them to remove their wardrobe during the interval.
On Friday morning, names of the witnesses for the Government were
called, the twelfth Juror was sworn and the Court was ready to proceed
with the trial.
It was known that the defendant was to be tried for Treason, but how
the acts he committed were to be construed into this grave offence
was a mystery which now was about to be developed. He was to see
the witnesses face to face, and hear them testify in regard to the
occurrences at Christiana. Public expectation was anxiously awaiting
the developments for the first time about to be made. Vague rumors
were to give place to proof, and a precedent to be established that
would settle many perplexing questions which had arisen from sectional
interpretations of the Fugitive Slave Law of 1850.
Mr. Ashmead, the District Attorney, opened the cause in a speech about
an hour and a half long. Relying on information he had received from
the lips of witnesses examined in private, he committed the common
error of stating that some things would be testified to, which were
only heard of in these opening remarks. He rehearsed the indictments,
gave a short account of the occurrences at Parker’s house, spoke of
its being the result of a combination of which he had evidence, and
concluded by explaining to the Jury the law of Treason, quoting at
large from the books. His remarks were given to the public through the
press, and being the first authentic publication from the trial, were
generally read. It created the impression that Hanway was guilty as he
stood indicted--no one doubting that witnesses would prove the exact
statements made by the cautious District Attorney.
When Mr. Ashmead had concluded his remarks, Z. Collins Lee, Esq., the
U. S. District Attorney for the District of Maryland, appeared, and
was recognized as one of the counsel for the Government. The array
of counsel for the prosecution then comprised one U. S. Senator, one
Attorney General of a sovereign State, two U. S. District Attornies,
one Recorder of the city of Philadelphia and two members of the
Philadelphia Bar, who boasted of no official position. With such a
combination it was confidently expected that, as a matter of practice,
aside from the issues to be tried, the management of this cause would
be a model which the profession would be safe in imitating.
After proving the appointment of Mr. E. D. Ingraham as Commissioner of
the United States, Mr. Ingraham was called and testified to the issuing
of the warrants for the arrest of Noah Buley, Nelson Ford, Joshua
Hammond and George Hammond.
At this stage of the case Mr. J. M. Read asked that the witnesses for
the prosecution be kept out of the Court-Room during the progress
of the trial. Mr. Ashmead asked for the same order as regarded the
witnesses for the defendant. The Court, admitting the propriety of both
requests, granted them, and directed the Marshal to provide suitable
accommodations. There being no objection on the part of the defence,
the Rev. Mr. Gorsuch, who had been subpoenaed for the proof of some
collateral matter, was allowed to remain.
Drafts of Parker’s house and the fields around it were presented, and
their accuracy proven.
Henry H. Kline, the Deputy Marshal, who had attempted to make the
arrests, was next called. It was known that he was the “leading
witness” on the part of the prosecution. He had been the leader of the
U. S. forces in this contest; had taken an active part in having the
neighborhood of Christiana placed under arrest; had declared martial
law there; and had been the principal witness at the examinations in
Christiana and Lancaster. His testimony was naturally looked for with
some interest, as well by those who knew the character of the man, as
by those who had then heard of him for the first time. His evidence
is contained in 33 printed pages of the report published under the
auspices of the Court,--more than one tenth of the whole work. It is
not our purpose to speak of it at length; we have already spoken of the
facts as they occurred. The portion of his testimony bearing most upon
the cause, was his statement of the interview with Hanway and Lewis at
the bars. The jury were informed of the _truth_ of this matter before
the trial was concluded, by other witnesses.
During the examination of Kline the question of identity of those
present at the transaction came up, and the most of those prisoners
whom he had called by name were ordered to be brought up to Court on
the next (Saturday) morning. It is this which gives Mr. Brent the
offence of which he so loudly complains in his printed report (p. 5)
of the trial to Gov. Lowe. He comments on the dress of the negroes,
the manner in which they had combed their hair, their position in the
crowded court room, and of the conduct of the officers having charge of
the prisoners who thus gave them “aid and comfort.”
In his zeal, Mr. Brent probably forgets what he must have learned in
his instructor’s office, that the Law presumes every man innocent, and
requires that he shall be treated with every possible attention to his
personal comfort, while confined in prison awaiting trial upon any
charge. He certainly must remember the sumptuous mode of living allowed
to Dr. Webster in Boston, to the Knapps when charged with instigating
the murder of their uncle, and many other similar cases well known to
every Tyro in the profession.
Besides this presumption of law, the friends of every prisoner
must have free access to him until conviction. The jailer is only
responsible for his appearance at the proper time, and may permit him
any privileges, save liberty, to which he is entitled as a free man.
When these negroes were brought to the prison, from Lancaster, they
were dressed in their summer clothing. Their wives and children were
too poor to come to Philadelphia to attend to their comforts. It is a
strange cause of complaint that they found persons humane enough to
furnish them with proper garments. A moment’s reflection would see
the reason why “their comforts and their clothes should be, in every
respect, alike.” The supply was probably furnished from the _same_
store, at the _same_ time, and for the _same_ purpose. Instead of
being a reproach, it is an honor to our city, that persons were found
who were unwilling to permit these creatures to suffer for the want
of those comforts which are not furnished at the public expense; and
were Mr. Brent better acquainted with our citizens, he would see the
same thing done in many other cases, in which humanity could not be
construed into “bullying and bravado” of such a Government as that of
which we are all proud.
On the morning on which the prisoners were brought into Court, Mr.
Read represented to the Court the effect confinement had on Hanway’s
health; and the Court instructed the Marshal, that when thus suffering,
the authorities had “no right, if he can be safely kept otherwise, to
keep him in a manner injurious to his health. If the Marshal can give
this prisoner better lodging, feeling certain he can keep him safely,
we have no objection to any indulgence of that nature, and direct the
Marshal to grant it to him.”
After Kline had concluded, Dr. Thomas Pierce was called. His testimony
embraces about thirteen pages of the paper book. He repeated
substantially the evidence of the Marshal. Mr. J. M. Gorsuch was next
called. His story was clear and consistent throughout. Mr. Dickinson
Gorsuch followed him. These two gentlemen being one a nephew, the other
a son of Mr. Edward Gorsuch, were not cross-examined by the defence.
Messrs. H. Hutchings and N. Nelson were next called.
These witnesses had all accompanied Kline to Parker’s house, and
testified to the occurrences there. The remainder were called to
prove what transpired after the attempt to make the arrests had
been abandoned, or to other circumstances deemed necessary by the
prosecution to make out their case. After Miller and John Nott had been
examined, the Court adjourned.
On Monday morning, after the excuses of several jurymen had been heard,
and an order made for the alleviation of the condition of Collister
Wilson, one of the prisoners awaiting trial, the cause was resumed by
recalling Miller and John Nott. The array of counsel had, on Saturday,
neglected to elicit something that had been, “upon consultation,”
deemed of importance. The examination was resumed, and continued
at length upon minor points, until the Court, at the instance of
defendant’s counsel, stopped the repetition.
Alderman Reigart and Wm. Proudfoot, constable of Sadsbury township,
testified to the conduct of Hanway and Lewis, when bullied by Kline at
the house of Frederick Zerker, where they had surrendered themselves to
the officers. The object of this was to show, that their silence was
tantamount to a confession. Alderman Reigart testified to having come
down from Lancaster with a _posse_ of one hundred and fifty men to make
arrests.
Charles Smith was offered for the purpose of proving that notice of
the intended arrest had been given to Hanway and others, by Samuel
Williams. The evidence was objected to, the question argued at length,
and the objection overruled by the Court. Smith then testified merely
to the fact, that Williams had given notice to him, but did not know
the same had been given to Hanway.
Dr. Cain testified to nearly the same facts, and, in addition, to
his attendance upon an annual meeting of the Anti-Slavery Society of
Pennsylvania, in West Chester, some time previously. This was the
only attempt made to sustain the allegations of the opening speech of
the District Attorney, in regard to combination for the purpose of
resisting the Fugitive Slave Law. Two colored men, John Roberts and
Samuel Hanson, were next placed upon the stand. Towards the end of
Hanson’s testimony, a discussion arose upon a point of evidence, in
which Messrs. Brent and Read took part. Their remarks were diverted
somewhat from the purpose; and Mr. Brent took occasion to explain his
position in the case, though, at that time, his position had not been
assailed. He asserted his right arose by reason of an invitation from
the Federal authorities, though, he said, he came by authority of the
Executive of Maryland. Altogether, his attempt to define his position
totally failed; and the public would have understood the matter quite
as well, if, according to the rule, no answer had been made to the
concluding remarks of the defendant’s counsel.
Jacob Wood testified that Elijah Lewis had called him from his work
that morning, telling him that kidnappers were at Parker’s house. Mr.
D. Gorsuch then identified the coat his father wore on the morning of
the attempt to arrest; and to the surprise of every one, the case of
the United States was announced to be concluded.
Seldom do there occur like discrepancies between an opening speech
and evidence offered to sustain it. Those observers who, relying upon
the loose statements of the public journals, really believed treason
had been committed, and, without any personal feeling towards the
particular defendants, hoped for a conviction, were sadly disappointed.
The general public were astonished that so much smoke had arisen from
so small a fire, and wondered what could be the reason. While the
friends of Hanway and his colleagues, knowing from the first the exact
truth, were gratified that the _denouement_ was in precise conformity
with what they had foreseen _must_ be the result of this mockery of
justice.
The Court adjourned earlier than usual, both to give counsel an
opportunity of consultation, and to await the return of Messrs. Cooper
and Stevens, who were absent at Washington, where they had gone to be
present at the opening of the thirty-second Congress.
The next morning, Tuesday, Mr. Cuyler opened for the defence. After
expressing his surprise at the insufficiency of the testimony offered
to prove what had been threatened, he commented on the strange and
unprecedented array of counsel in the case for the Government. He spoke
of the fidelity of the State of Pennsylvania to the Constitution, and
for himself and colleagues endorsed the eulogistic remarks of the
opposite side, upon the value of the Union. The defendant, he said, did
not come to justify the transactions at Christiana, but to say that “he
was in no way a party to those outrages.” He was a native of Delaware,
had, at five years of age, removed with his father to Chester county,
Pa. After living there for several years he had resided in Maryland,
and afterwards in one of the Western States. About three years previous
to the trial he had returned to Chester county, and in 1850 married and
settled in Lancaster county, near Christiana. Mr. Cuyler then mentioned
two cases of kidnapping which had occurred in Lancaster county, and
spoke of the natural feeling in the neighborhood in regard to such
outrages. He then detailed the occurrences of the morning of the
eleventh of September, stated that it would be proved that Hanway had
been told there were “kidnappers at Parker’s house,” that it was this
which carried him there; that it was owing to his and Lewis’ exertions
that more blood was not shed; and that, by throwing himself between
the negroes and their pursuers, Hanway had saved the life of Dr.
Thomas Pierce. He then stated that he would show by “ample proof the
notorious bad name of Kline for truth;” and closed his remarks with his
view of the Law of Treason, quoting at length from many acknowledged
authorities.
Thomas Pennington was then called, to testify to the “kidnapping and
carrying away of colored persons, in the neighborhood of the Gap,
within the last year.”
The testimony was objected to, and a long argument ensued. The Court
ruled that it was important, as bearing upon the question of intention,
and must be admitted. The witness then stated, that in January, 1851,
just after nightfall, two men entered his house, presented a pistol at
the head of a colored man, who lived with him, and threatened to blow
his brains out if he resisted. Other men followed, bound the black man,
dragged him off, placed him in a carriage, in waiting, and hurried him
away. Henry Ray, Rachel Chamberlin and Miller Pennington testified to
the same facts.
Elijah Lewis was next called to the stand. In the absence of Mr.
Ashmead, who it appeared had determined to object to the witness, Mr.
Brent made the objections, on the ground that he was interested in the
issue of the trial,--i. e. if his testimony should procure an acquittal
of Hanway, would this not enure to the acquittal of Lewis on the joint
indictments against them, as Hanway could not be tried a second time?
The objection was overruled by the Court, and the witness admitted. He
was then carefully examined and cross-examined, and gave an account
of the transaction, from the time he was first told that “there were
kidnappers at Parker’s house,” until he delivered himself into custody.
Henry Burt, who lived with Castner Hanway during September, 1851, was
next called. He testified to Lewis’ having told Hanway that there were
kidnappers at Parker’s house. While Hanway was eating his breakfast,
he saddled the horse. After the affray he saw Kline, and had some
conversation with him.
Jacob Whitson testified that Kline, three days after the riot, came to
his father’s house in search of Parker, who he said had shot Edward
Gorsuch.
When the Court sat the next morning, Mr. R. M. Lee, considering
himself misrepresented by Mr. Cuyler, in his remarks the day previous,
explained the position he occupied in the case. The subject of counsel
seemed to be a painful one to most of the gentlemen engaged on the
part of the prosecution, and no opportunity was lost to explain to the
public the relative position occupied by each. Mr. Cuyler, of course,
when he heard that “the gentleman did not occupy the position of a
volunteer, withdrew his remarks.”
Thompson Loughead was then examined as to the occurrences of the
morning; Samuel H. Laughlin as to conversations with Kline; Isaac
Rogers, who lived within a few hundred yards of Parker’s house, as
to the occurrences of the morning; and John C. Dickinson in relation
to conversations with Dr. T. G. Pierce, after the transaction. Dr.
Patterson and J. G. Henderson also testified to statements made by Dr.
Pierce in relation to the occurrences of the morning.
Hon. W. D. Kelly, one of the Associate Judges of the Court of Common
Pleas, for the City and County of Philadelphia, Francis Jobson,
(collector of water rents,) Wm. D. Francke, Daniel Evans, (fire-proof
chest maker,) Isaiah G. Stratton, Wm. Stroud, (officer in the Custom
House,) Jacob Walker, John Hinkle, Norman Ackley, (constable,) Anthony
Hoover, Aaron B. Fithian, Geo. K. Wise, John Mackey, Andrew Redheffer,
John McEwen, Thomas Liston, William Hopkins, James Smith, William Nutt,
John Manderson, Jacob Glassmire, John Dittus, Joseph Parker, Charles
H. Roberts,[B] testified that they knew Henry H. Kline. They were
citizens of Philadelphia, and some of them had been acquainted with
him for twelve or fourteen years. When asked the question prescribed
by law, “What is his general character for truth and veracity?” the
answer uniformly was, “It is bad,” or words to that effect. Some, and
among these Judge Kelly, when asked, “Would you believe him on his
oath?” answered, “That would depend on circumstances;” some answered
positively “no,” and others so qualified their answers as to show their
belief that his testimony should be received cautiously.
John Carr, a blacksmith, who lived four or five miles from Parker’s,
testified that on the night of the 10th of September, between eight and
nine o’clock, he followed Harvey Scott (one of the colored men whom
Kline swore he saw at Parker’s) up stairs to bed, in the garret of his
house, and buttoned the door after him; the next morning (the 11th) he
unbuttoned the same door, called him down, saw him immediately go about
his daily employment, and had him employed that day in his shop. John
S. Cochran, who also lived with John Carr, testified to substantially
the same facts.
Lewis Cooper was examined as to the transactions of the morning of the
11th, after the riot. He carried from the ground, in his dearborn, the
wounded Dickinson Gorsuch, and the body of Edward Gorsuch. He testified
to some conversations with several witnesses, and that he was one of
the neighbors who accompanied the corpse to Maryland.
John Houston was called, and testified that about the time of the riot
there was a party of men at work on the railroad near Christiana,
who were called to work in the morning by a bugle; and to some other
immaterial matters.
Enoch Harlan, Joseph M. Thompson, George Mitchell, Levi Wayne Thompson,
Andrew Mitchell, Wharton Pennock, Samuel Pennock, John Bernard, Calvin
Russell, Isaac Walton, James Coates, Ellis P. Irvin, Geo. W. Irwin,
testified that they knew the defendant Hanway, some of them having
known him from boyhood. They all represented him as an “orderly, quiet,
well-disposed and peaceable citizen.”
With this the testimony on the part of the defendant closed. They
had proven all they promised--the notoriously bad character of Kline
for truth and veracity, the good character of Hanway, the acts of
kidnapping, and such other circumstances as repelled the presumption
of combination; but most important of all, the fact that Hanway went
suddenly to Parker’s house, upon information that there were kidnappers
around it, to prevent if possible the recurrence of such scenes as had
more than once appalled the neighborhood; that when shown the legal
authority of the officer, he was going away, and only delayed his
departure from the ground to use his exertions in preventing bloodshed.
The prosecution, in turn, offered rebutting testimony. Mr. G. L.
Ashmead, in his opening remarks, offered to sustain the character of
Kline, which, it seems, was thought to have been somewhat damaged by
the attack made upon it; to prove (if the attendance of witnesses could
be procured) that the seizure from the house of Chamberlain was not a
case of kidnapping; that in September, 1850, armed bands of negroes
paraded the “streets of Lancaster” (city) in search of slave-hunters;
that in April, 1851, a Mr. Samuel Worthington had been prevented from
making arrest of an alleged fugitive from labor, in the vicinity of
Christiana; to contradict some witnesses who had related conversations
with Kline; to prove that Harvey Scott was at Parker’s house, by the
testimony of Scott himself; to prove that after the riot Kline had
acted as a good officer; and that sundry meetings had been held in
Lancaster county in favor of the “higher law.”