E. G. Wood, (police officer,) James Buckley, (Lieutenant of city

police,) John Hence, Samuel Goldy, Peter Keller, (an ex-police

officer,) Charles Worrell, (innkeeper,) William McDaniels, (tax

collector,) Wm. B. Rankin, (attorney,) Alderman Brazier, Thomas

Stainroop, John S. Keyser, (marshal of police,) Jacob Weightman,

(bar-tender,) John Gamble, (police officer,) John Millward, W. W.

Weeks, Andrew Flick, (constable,) F. M. Adams, (attorney,) C. B. F.

O’Neill, (do.,) Aaron Green, James Barber, (constable,) James Brown,

Sr., (innkeeper,) John H. Moore, (police officer,) Daniel Weyman,

Thomas Connell, John Martin, Robert L. Curry, E. J. Charnley, (clerk,)

D. A. Davis, (interpreter,) D. L. Wilson, (carriage driver,) Jacob

Dulther, John McElroy, (clerk,) J. W. Stanroop, Egbert Summerdyke,

Nathan Lucans, Lafayette Stainroop, Thomas Downing, W. D. Haylett, D.

D. Emerick, D. W. Rickafus, James Pidgeon, Albert G. Stevens, James

Brown, Jr., David Vicely, W. L. Gray, John Selets, Henry Cornish,

Samuel Babb, Thomas Wallace, John C. Lamb, Wm. Ray, (innkeeper,)

Joseph A. Nunes, (attorney,) Joseph Abrams, (attorney,) Michael Barr,

(innkeeper,) W. W. Hankinson, Charles H. Lex, Thomas E. Connell, Jr.,

J. L. Thomas, (attorney,) William Connell, (gas-fitter,) Joseph S.

Brewster, (attorney,) E. E. Pettit, (do.,) Wm. E. Lehman, (do.,) Dr.

Vondersmith, Alderman White, Charles P. Buckingham, Phillip Winnemore,

J. C. Smith, George Carter, J. P. Loughead, (attorney,) were called

to support Kline’s character. Many of them said, they had heard his

character called in question, but that they would believe him on his

oath.

William Noble was next called, to prove that “in the month of

September, 1851, the county of Lancaster, and particularly the

neighborhood of Christiana, was patrolled by armed bodies of negroes,

after a report that slaveholders had come up there for slaves. That

these armed bands of negroes went from house to house, in that

neighborhood, searching for the slaveholders, swearing vengeance

against them, and expressing a determination to kill them.”

The object of this was to sustain the allegation of combination--the

gist of the entire case, in the proof of which the prosecution had so

signally failed.

To this extraordinary offer, Mr. Read, on behalf of the defence,

objected on several grounds. The evidence was in chief, and not

rebutting testimony. It was the bounden duty of the prosecution, as

well by the rules of evidence as in mercy to the defendants, to have

offered it before the close of their case. Besides this, the Act of

Congress requires that the United States shall furnish, three days

before a trial for treason, the names of those witnesses whom they

intend to examine touching the charges against the prisoner.

Mr. G. L. Ashmead and Mr. Brent both replied, asserting that the

existence of this testimony was not known to them at the commencement

of the trial; and arguing that this was rebutting testimony; they could

find no part of the defendant’s case which it could be considered as

rebutting, except the opening remarks of counsel.

Both members of the Court decided the evidence offered to be in chief,

and sustained the objections of Mr. Read.

Samuel Worthington was next offered, to prove that some time in 1851,

he and a party of men went to the neighborhood of Christiana, in search

of a fugitive slave, and stopped at the house of a man by the name of

Haines; that “immediately the same signals were given at that house

as at Parker’s;” and to show by this that “the motive which actuated

Hanway and others was not of a lawful and legal character, but of a

treasonable and criminal kind.”

The same objections were made as before to Noble’s testimony, and the

defence again expressed their disapprobation of giving evidence to

rebut lawyers’ speeches.

The Court overruled the offer, on the same grounds as had rejected

Noble’s testimony, and the witness was withdrawn.

Cist Cockney was next examined, to contradict Jacob Whitson, who had

testified in regard to conversations of Kline. John Bacon testified to

a difficulty between Kline and some officers at Christiana.

Harvey Scott was called “to prove that the testimony given by Carr

and others--the alibi--is not correct; that he was on the ground, and

to explain how he got out of the room and proceeded to the scene of

action.” After some conversation the question was asked, “Were you at

the battle on the morning of the 11th September last?”

_Answer._ I gave my evidence that I was there, once. I was frightened

at the time I was taken up, and I said I was there, but I was not.

_Question._ Were you there on the morning of the 11th September last?

_Answer._ I was proved to be there, but I was not there.

_Question._ On the morning of the 11th September last?

_Answer._ No sir. Kline swore I was there, and at the time I was taken

up I told the man I was not there; and they took me to Christiana, and

I was frightened, and I didn’t know what to say, and I said what they

told me.

The witness was not cross-examined, but, after a threat to prosecute

for perjury, was discharged.

The next morning (Dec. 2) an informal conversation took place in

regard to the evidence of Scott. In answer to all the imputations of

tampering, made by the prosecution and others, it is sufficient to say,

that from the time of his arrest till the examination on the first of

December, he was confined in the debtors’ apartment of the Moyamensing

Prison, in custody of the U. S. officers, and beyond the reach of any

person, except such as went there on behalf of the prosecution. Like

all liars, when left to himself and his own reflections, he concluded

it was best to tell the whole truth, especially when this exculpated

him from the difficulty into which his own folly and weakness had

plunged him. It had been proved, beyond a doubt, that Scott was _not_

within three miles of Parker’s house on the morning of the 11th, and

his declarations made that morning to witnesses who were examined,

proved that he was capable of telling the truth, when uninfluenced by

fear. As soon as arrested, he was threatened with imprisonment and

death; but at first he told a consistent story. Soon the coward’s hope

induced him to make false statements. Ignorant, and not gifted with the

ordinary intelligence belonging to persons of his condition in life, he

knew not the nature and obligation of an oath, and swore as he believed

would be acceptable to those whom he supposed to have power over

his liberty, and perhaps his life. From the time of the preliminary

examinations until brought upon the stand, he was in the care and

keeping of the agents of the prosecution; and, as appears by the

statements made at the time of his examination, he had been visited in

his cell, after the testimony for the prosecution had closed, by some

of the counsel for the prosecution, and there told the story which they

believed he would repeat under oath. They had their manifest reasons

for not calling upon him to give evidence in chief, since they did not

dare to do so, even in rebuttal, till he had been visited in prison,

and the probable nature of his testimony ascertained!

It was also said, that the day before his examination “he was conversed

with by several negroes, in the Marshal’s office, who had to be sent

away from him.” This may account for his finally telling the truth.

It is certain, that in such a place no one had an opportunity of

quite so full a conversation with him as could have been held in his

cell at Moyamensing prison. But the _sight_ of his former comrades

was sufficient to compel him to exercise even the small amount of

conscience which nature had bestowed upon him. But if it were granted,

for the sake of argument, that “some negroes” had a conversation with

him, by what rule of right or principle of law, could they be condemned

for entreating the unhappy man not to degrade himself by committing the

loathsome crime of perjury? Mr. Brent’s pamphlet implies the existence

of such a code of morals; but if it exist at all, its influence must be

confined to the borders of the State he represented.

Dr. Pierce was recalled, to refute the charges of cowardice, which it

was said he had, in conversation, made against Kline; and Dickinson

Gorsuch, to testify that he saw two of his father’s slaves at Parker’s

house.

With this the examination of witnesses closed. Nothing was wanting to

complete the trial but the arguments of counsel, the charge of the

Judge and the verdict. Those who had attentively watched the testimony,

plainly saw that the attempt to sustain the charge of Treason was a

failure. The counsel for the prosecution, if rumor is to be depended

upon, had for several days abandoned all hopes of a conviction. There

were many persons, however, who believed the jury would not be able

to agree upon a verdict. Public excitement had subsided, and towards

the close of the examination of witnesses, the court room comfortably

seated all who chose to assemble to hear the proceedings. The desire to

hear the speeches again drew a crowd, and expectation was raised to the

highest pitch in regard to one of the counsel, who, when his turn came,

considered that it was not necessary for the interest of his client to

occupy the time of the Court.

After some preliminary arrangements, Mr. Ludlow began his remarks to

the jury and occupied the remainder of the day. He commenced by hastily

repeating the part Hanway had taken in the transactions of the morning

of the 11th of September. Then citing the 3d Section of Article III of

the Constitution of the United States, and the decisions of all courts

upon it, argued that the acts committed came within the provisions of

the Law. He said that “taking the whole transaction together, this man

Hanway, if guilty at all, is guilty by virtue of his presence upon

the ground and joining with the conspirators, the whole transaction

being the overt act.” His conduct, Mr. L., thought, was not that of an

innocent man; but that it confirmed the hypothesis of guilty intent

before going to Parker’s. The conflict of testimony to this point,

must, he thought, be decided in favor of the Government’s witnesses.

Elijah Lewis’s evidence, he told the Jury, must be weighed with the

utmost caution. Without attributing perjury to him, it was suggested

“that he would shape his course, so as to swear his friend who was the

leader, he being the lieutenant, out of the difficulty, and his friend

would come and swear him out in turn.”

The alleged case of kidnapping, he said, was committed by a party of

imprudent Southerners, who, under the decision of the Supreme Court

in Prigg’s case, had taken the law in their own hands and carried

their slave away without process. He argued, too, that Hanway’s good

character could not avail him in such a prosecution. The testimony

in regard to Kline’s bad character was, he thought, the result of

opposition to the Fugitive Slave Law, and was more than met by the

witnesses who had been produced in rebuttal. He then defended Kline

from the imputation of cowardice, which it appeared rested upon him,

from his conduct at Parker’s house, and contended he had acted as a

good officer and brave man. Mr. L. then pointed out and attempted to

reconcile to the Jury some discrepancies in the evidence, and concluded

by some eloquent remarks upon the value and importance of the Union.

The next morning, (Saturday December 6th,) before the argument was

resumed, Mr. Brent called the attention of the court to an article

in a paper called the Pennsylvania Freeman. It contained an account

of the serving up of a dinner for the prisoners on Thanksgiving day,

and stated that the Marshal had participated with them. After some

rather severe remarks from the Bench upon the character of the paper,

the Marshal made an explanation of the matter with which Mr. Brent

expressed himself perfectly satisfied.

Whatever may have been the object of presenting the subject to the

Court at that time, whether to “give a public officer an opportunity

of offering a public explanation,” or for any other purpose, it

certainly had the effect of casting odium upon the prisoner at the bar.

It was extraneous matter and as such should have been withheld till

the conclusion of the trial. But when offered, the defence did not

choose to exercise their right to object, not wishing to prejudice the

defendant by any act which, on the part of illiberal counsel, might be

called a disposition to stifle a full and fair investigation, of what

(had not its folly and absurdity been made public) might, by _innuendo_

and such other tricks, have been handled before the Jury in a manner

prejudicial to the defendant.

Mr. Lewis then began his remarks in behalf of the defence. He

deprecated, in strong terms, the whole prosecution, and alleged it had

been commenced in a moment of excitement and public phrenzy. Had a

little time been allowed for reflection, for inquiry into the facts,

to ascertain Castner Hanway’s character, this issue would never have

been presented to this jury. He suggested that the whole proceeding

had taken this course at the instigation of the authorities of a

neighboring State. The people of Pennsylvania did not deserve such

treatment. They had always been loyal, and no better evidence of this

is needed than the course and character of their legislation. Mr. Lewis

then hastily rehearsed the different acts of Assembly upon the subject,

mentioning the objects and purposes of each, and in some cases their

private history. From these it appeared that the State of Pennsylvania

had ever attempted to establish two points: “To provide a means for the

recovery of fugitives within her borders, and to protect her own free

black population. The first she did from comity, the last from duty.”

The course of Maryland, had, he remarked, been uniformly the opposite

of this. She had treated the free black subjects of Pennsylvania with

habitual harshness and severity. After further comments upon the

relative course of the two States, and asserting the right of every

citizen of Pennsylvania, to interpose his influence when injury to her

people or violence to her laws is threatened, he repeated the remark

made by one of his colleagues that no one deprecated the unfortunate

occurrences on the morning of the 11th more than Castner Hanway, and

that neither he nor his counsel came there to justify, excuse, or

palliate them. In their management of the defence they had desired to

obtain not only justice to the living, but to observe a due respect

to the memory of the dead, and a regard for the lacerated feelings of

those who were bound by near ties to the unfortunate murdered man. The

Messrs. Gorsuch had not been asked a question in cross examination, but

were permitted to tell their story as witnesses in their own way.

He then referred to the case of alleged kidnapping at Chamberlain’s,

and the feeling in the neighborhood which grew out of it. While this

feeling existed, Kline, after having spent a day and two nights in the

neighborhood, hanging about taverns and exhibiting himself abroad

at unusual hours, made his descent upon the family of Parker under

cover of the night. The whole affair had a kidnapping aspect. “The

persons that saw this company of armed men surrounding this house of

a negro supposed to be free, and held at bay by those within, might

well suspect them to be kidnappers.” He reviewed carefully the whole

evidence, and by the circumstances proven, argued the absence of

combination, which must be sustained by two witnesses. Every act of

Hanway’s could be explained and was explained by attributing to him

humane and philanthropic motives. Any other construction was forced and

unsupported by testimony. “Instead of being guilty of treason, there is

no reasonable ground for imputing even impropriety to him. Never indeed

was such a prosecution founded upon evidence so meagre, or such a

charge seriously made, that would be so foolish if it were not that the

subject is so serious.” Mr. L. then commented upon the law of treason,

and in a masterly argument occupying seven pages of the printed report,

fully elucidated to the jury the legal theory on the subject.

Mr. Brent followed Mr. Lewis. He began his remarks by reference to the

oft-mooted question of counsel for the prosecution. He and Mr. Cooper

were there by authority of the general Government, and he complained of

the statements which had been made in the public prints and elsewhere

of the difficulties which had arisen in their own camp. He said “there

was an unfortunate question of etiquette between the learned gentleman

(Mr. J. W. Ashmead,) and myself (Mr. Brent,) which upon my arrival in

the city was fairly and honorably adjusted between us.”

The State of Maryland could not take the reports of the trials from the

public newspapers. This man might be acquitted honorably, yet _she_

would not know it or _believe_ it, and his duty was to inform the

citizens of Maryland officially of what had taken place. They did not,

as had been stated, thirst for blood; and he complained at length of

the insults that had been offered him and his State, by those counsel

for the defence, who had animadverted upon the extraordinary array of

counsel for the prosecution. He then, “before discussing the legal

merits of the question at issue, attempted to depict the condition of

the South,” and went into an elaborate history of the Fugitive Slave

Law, with an enumeration of the rights and privileges guarantied by its

provisions to slaveholders. After this, he spoke of the Union, and the

duties of each citizen towards his Government.

He then passed to what he called, “the powerful combination of crushing

testimony (corroborating Kline in every particular,)” and promised to

prove from it that Hanway “did then and there connect himself with an

organized band, which had been formed for treason.” He argued that

“there was overwhelming circumstantial evidence to demonstrate Hanway’s

implication in the previous conspiracy.” There was no direct proof, nor

was it expected this could be brought “from a region the whole of which

is infected, and where every white man in that immediate neighborhood,

(with the exception of Miller Nott) _is leagued with the traitors_.”

From Hanway’s presence, his silence, and all he was proved to have

done, Mr. B. added it “was passing human credulity to say that you

cannot infer in all this, a feeling of hostility to the law, and an

intention to resist it.”[C]

The hour for adjournment having arrived, Mr. Brent suspended his

remarks.

On Monday morning (Dec. 8th,) at the usual hour, he resumed by

answering the comments Mr. Lewis had made upon the laws of Maryland, in

relation to free colored persons coming into that State; and spoke of

the evils that would result from a dissolution of the Union, and the

execration in which those persons should be held who preached treason

in the streets and from the pulpits.

He expressed surprise that Hanway’s wife had been permitted to remain

by his side during the trial, and warned the Jury not to be moved by

her tears. “There are other strange things,” he continued, “that have

occurred in the progress of this trial,” and he mentioned the escape

of prisoners, and the refusal of Harvey Scott to commit perjury a

third time. The conduct of Elijah Lewis, Joseph Scarlet, Hanway, Dr.

Kane and Lewis Cooper, on the day of the attack on Parker’s house, was

next reviewed, in the severest terms; and then, after speaking of the

evidence, he justified the conduct of Kline. He defended the Southern

States from the charge of cruelty towards slaves, and enumerated some

of the laws upon the subject.

The law of Treason was next considered, and he presented his views

at length to the Jury. In conclusion, he repeated that the “State of

Maryland did not thirst for innocent blood. She thirsted only for the

pure undefiled fountains of Justice. She stood there for her rights,

and stood undaunted.”

Mr. Read, the senior counsel for the defence, followed in an elaborate

and searching argument. No part of the case was left untouched. The

only report of his remarks to which we have access, is very meagre,

not as full as that of the latter part of Mr. Brent’s speech. He

alluded in opening to the monstrous doctrine that the Constitution

allowed a master the right of seizing his slave wherever found, without

even offering to establish his identity, as had been alleged to be

the Law by those who had commented upon the case of kidnapping from

Chamberlain’s house. Prosecutions and abuse for not sanctioning such

outrages as these, were equivalent to saying, “if you do not turn negro

catcher, we will indict you for treason.”

He continued with a rapid and striking sketch of English history,

throughout the period from which the cases relied upon by the

prosecution had been selected,--reviewing it reign by reign, showing

with great force the barbarous and tyrannical character of the times,

whose principles it was attempted to write into the Constitution of

America in the nineteenth century. Having laid this general foundation,

he proceeded to discuss at length each particular case that had been

cited; and not confining himself to the mere face of the report, he

searched out the facts from an array of collateral authorities, such

as was probably never before submitted to any Court in any State

trial, exhibiting the state of parties, the influences at work upon

the Bench and the Juries, the character of the Judges, and the real

value which ought to be attached to their decisions. Coming down to

the later periods of English Jurisprudence, he insisted that even

their Courts had abandoned these principles, and would not now listen

to the authorities which the prosecution had attempted to enforce in

Republican America; and showed conclusively that at the present day in

England, no man could be convicted of treason in levying war, unless

an open insurrection or rebellion were actually raging in the land,

and aiming at the change or destruction of the Government. Passing next

to the American decisions, he argued, that stripped of the improper

phraseology in which some of them had been clothed, they established

the same doctrine, and that when this phraseology appeared to cover

wider grounds, it had been derived from earlier English cases, which at

the time of making the decisions were supposed by our Judges to be the

actually existing law of England, our lawyers then not having the means

of exposing their utter worthlessness.

Having established the general rule above stated as the result of the

decisions now in force, Mr. Read passed to an analysis of the facts of

the case; showing in the first place how utterly preposterous was the

attempt to dignify this miserable riot with the name of insurrection

and rebellion, and that looking at it in its true light, Hanway was

not and could not have been a participator. The only overt act he

committed, consisted in giving insolent replies to Kline, and the

evidence of this was wholly uncorroborated, depending entirely on

Kline’s credibility. “A man morally and physically deaf, comes here and

says he heard the defendant _whisper_ to the colored men the words,

‘shoot at them.’ A perjured man who don’t hear and can’t hear, is

brought into this court to convict an innocent man, whose hands are

white--not red with the blood of his fellow man.”

From the contradictions in Kline’s own testimony, and the opposing

evidence, both of the government and the defence, he showed beyond a

doubt the perjury of this essential witness; that he was not and could

not have been near the bars at the time of the firing, but almost half

a mile away in the woods. As this single point was absolutely fatal to

the case of the prosecution, he thought it useless to expend time on

minor and immaterial details.

After reviewing the testimony of the prosecution, he passed to that

of the defence, and showed wherein it supplied the defects of the

Government’s case. He commented upon the conduct of Harvey Scott, “who

had been tutored to tell a story, and who was frightened into it by

Marshal Kline.”

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 6 / 8 段