Part 6

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.

The counsel who appeared in his defence were: JOHN M. READ of 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.