Part 3
_H. B. Robertson_, constable, deposed that he found some tracts on Dr. Crandall's table at his office in Georgetown. Don't recollect how many. There were also a number of them at his lodgings, in a trunk. He denied to me that he had distributed any, but did not conceal or deny that he was in possession of them. He mentioned that he was formerly a subscriber to the Emancipator, but they had stopped it, and he had taken them in its place. They were sent to him from New York, and came in a box by water, and not by mail. Witness collected and brought them to the jail, tied up in a handkerchief. Being fearful of some trouble when he got into the hack, he proposed to Mr. Jeffers to take Crandall to the jail through the back streets, and keep him there during the night, for fear he might be wrested from us and lynched. It was Dr. Crandall's desire to be taken out of the way of the people, and be carried to the jail. Before they left the office a crowd had collected, and they made an effort to get off as quick as possible, being very apprehensive that Dr. Crandall would suffer some harsh treatment, and serious injury from them. The event verified his expectations, for he found afterwards that the carriage was waited for somewhere on the avenue, where it was expected to pass, by a numerous and excited collection of people.
_Cross examined._--Conversed with Dr. Crandall at his office and on the way to the jail. Went to his lodgings, and found Emancipators there. Did not offer to carry him before a magistrate in Georgetown. Told Dr. Crandall what my apprehensions were for his personal safety, and of being waylaid, and proposed that he should stay at the jail that night. He attempted no concealment, and gave witness free leave to search his papers, &c. Witness found Boston, New York, and Baltimore newspapers, and a great many Telegraphs. Dr. Crandall opened the trunk himself and showed the tracts. Don't remember whether they were loose, or tied together and enveloped. Those were the pamphlets now in court. Don't recollect whether the letters were brought away. There were many plants in the office. Don't know what they were put up in. Think it was pasteboard, or something like it. Asked him if he was Dr. Crandall, to which he replied yes. Then told him that he was charged with being an abolition agent and exhibited the warrant for his arrest. He did not then say any thing about the tracts in his possession, but when they were found he stated they were sent to him from New York, instead of the Emancipator, to which he had formerly been a subscriber. He did remark that he had not distributed any tracts of the kind.
_Question by Key._ Which of the pamphlets did you find at the office, and which at the house?
_Coxe_ objected to the question.
_Key._ I wish to know which kind were sent to Crandall in the box from New York.
_Cranch, C. J._, saw no objection to the question.
Witness then stated that he found the Anti-Slavery Reporters in the office. Did not recollect any others in the office, except the newspapers. The other tracts, together with some books, were found in his trunk at the house. Crandall did not say all the papers came in the box. Did not endeavor to elicit any confessions from Dr. Crandall, and, in fact, reminded him that he and Mr. Jeffers might be called on as witnesses. Witness recollected that, during the examination, there was a paper produced by Dr. Crandall, who was too much agitated to read it. One of the magistrates attempted to read it, but don't know whether it was read or not. Dr. Crandall was much agitated. There was a great excitement outside the jail, and much alarm in it. Dr. Crandall was arrested on the 10th, and examined on the 11th of August.
Witness remembers that there was a conversation in the hack, as they were coming from Georgetown to the jail, in which the following question was asked Dr. Crandall:--"Don't you think it would be rather dangerous, at the present time, to set all the negroes free?" Don't recollect the precise words of the reply, but he inferred from it----
_The Court_ interposed. We don't want your inferences, Mr. Robertson; give us the facts, if you please.
Well, if it please the Court, continued Mr. Robertson, my impression was, at the time, that Dr. Crandall's reply amounted to this--that he was for abolition, without regard to consequences. Mr. Jeffers asked the Doctor if he did not think that abolition would produce amalgamation and also endanger the security of the whites. The doctor did not object to these consequences. He thought the negroes ought to be as free as we were.
_M. Jeffers_, constable, deposed that he saw some pamphlets endorsed "please read and circulate" in Dr. Crandall's office. Witness, when he entered the office, said, "we want all your incendiary tracts, Doctor." Witness looked into a large box and saw the pamphlets.
The box was without cover, and the pamphlets lay in a corner. At his lodgings, more pamphlets were found. Don't know how many there were in the box. Those in the trunk, at the house, were nearly all new. Dr. Crandall explained that they had stopped the Emancipator and sent the pamphlets in lieu of it. Think he said they were sent around in a vessel, in a box. Witness asked him what he was doing with so many of them. The reply was that he had procured them for information. Don't recollect that any of the botanical specimens were in newspapers. He said they had stopped sending papers weekly and sent them monthly. Witness asked what he was doing with so many of the same numbers at the same time, to which he replied that they all came in the box, and that he wanted them merely for information. Witness looked into, and not liking their language, remarked that he did not see how any one could derive much improvement from such stuff.
Witness recollected that there was a paper which Dr. Crandall tried to read, but was prevented from reading, by extreme agitation. Dr. Crandall rolled it up and put it in his pocket. He was much agitated, and witness thought, at the time, that he was indiscreet in so freely expressing his sentiments. No pamphlets with the endorsement "read and circulate" were found in the trunk. When Crandall was asked why he wanted so many of the same number of the Anti-Slavery Reporter for information, he made no reply. In the course of the conversation in the hack, Crandall said he did not intend to deny his principles. Witness asked him if colonization would not be better than abolition. He replied: No; he was in favor of immediate emancipation.
_Question by Bradley._ Did he not say, "I am for immediate preparation for emancipation." Witness did not recollect precisely. That might have been the answer. Would not say it was not. When he said he was in favor of immediate emancipation, witness remarked that it would be attended with dreadful consequences. We should all have our throats cut, and the next thing would be amalgamation.
_Thruston, J._ Would the amalgamation occur after our throats are cut, Mr. Jeffers?
_Witness._ Dr. Crandall in reply to this remark, said, "well let the law take care of all that."
_B. K. Morsell, Esq._, one of the justices who committed the traverser, stated that, at the examination of the traverser in the jail, the witness just examined, Henry King, deposed that the pamphlet which he took from Crandall's office had written upon it the words "please to read and circulate." This deposition was made in the presence of Crandall, and Crandall did not pretend to deny it, and admitted that the words were in his own handwriting. He said that when he was about to take passage in the steamboat, at New York, there was a bundle of pamphlets brought to him. Don't recollect whether he said they were brought to him before or after he went on board of the boat. Don't remember whether Crandall said they were sent or brought to him. He stated that he was then on his way to this city. A bundle of pamphlets were brought into the jail, at the time of the examination. Crandall said that all he brought on were there, except twelve or thirteen. Crandall did not state at what time the words "please read and circulate" were written upon the pamphlets. There was no distinction drawn between those which were endorsed and those which were not. They were all thrown together. Don't recollect that Crandall made any distinction in regard to them. He was understood to speak of all the pamphlets together. The only contradiction in Crandall's statement was that he, at first, said that pamphlets were brought to him as he was leaving New York in the boat, and afterwards said they had been in his possession for some time. Witness looked at some of them and saw that some were of older date than others. Could not distinctly recollect which were of old and which of new date. There was a considerable interval between the dates, but don't remember how long. While the examination was going on, there was a great commotion outside of the jail, and a loud knocking at the door; the prisoner seemed agitated, which was not wonderful, considering the circumstances. Don't recollect that he said any thing about the time when the words "_please read and circulate_" were written on the pamphlets.
_Mr. Key_ here admitted that he recollected hearing the prisoner say, at the examination in the jail, that the endorsements were written two years before.
_Mr. Morsell_ continued. Don't remember that Crandall presented a written paper. Think it likely he did. There were three magistrates sitting, and it might have been given to one of the other two. He believed it appeared, on the examination, that Crandall had been in this District some months.
_Clement T. Coote, Esq._, one of the magistrates who examined the traverser in the jail, deposed that Henry King, upon his examination, stated that the words "_please read and circulate_" were written upon the pamphlet when he got it from Crandall. A bundle of the tracts were brought in. Crandall said he had received them just as he was leaving New York, on his way to this District. He was going down to the boat when they were brought to him. Crandall stated, as witness distinctly recollects, that the endorsements were made some time before. Witness did not recollect that he stated the precise time, but that he said the endorsements were made some time before. Did not recollect that he said he came on directly to Washington. After the pamphlets were shown to King and Crandall, witness's impression was that Crandall had been detained some where on the way, and in the interval had written the words. There was no contradiction that he noticed in Crandall's statements. Crandall admitted that the words were in his handwriting, but said they were written some time before. Crandall said they were all there except about a dozen. He did not say whether he had distributed any; but witness did not understand him to state that the number had been diminished since he came here, but that the bundle exhibited embraced all the tracts which he brought with him from New York. Witness's impression that they were all the pamphlets which witness brought to the District, except the one which he lent to King; but Crandall did not in his statement except that one. He understood Crandall that all that he received at New York were there, except about a dozen. He recollected that Crandall said he had been a subscriber to some of the abolition publications. Witness or one of the magistrates asked Crandall "whether he was aware of the nature of the pamphlets when he left New York?" To which Crandall replied that he supposed them to be of the character with those for which he had been in the habit of subscribing. Crandall was also asked "why he was put in possession by the publishers of so many copies of the pamphlets, and whether it was not because they supposed he would circulate them and be an efficient agent?" In reply to which Crandall said "it might be so." He did not intimate that he had any knowledge of his appointment as an agent.
_The Court_ here asked witness whether the traverser intimated that the tracts were given to him with his assent and approbation.
_Witness._ He admitted that the tracts contained his sentiments; but he was not understood to say that he approved of his appointment as an agent, or considered himself as acting in that capacity. When Crandall said the endorsements were written some time ago, witness called his attention to the date of one which was not two years ago. Witness received a written statement from Crandall at the examination. Does not know what became of it. Thinks it was returned to Crandall. Crandall did not say he knew the contents of the tracts when he received them, but said he supposed they were of similar character to those which he had subscribed for. Witness read a paper which contained Crandall's statement on the subject, and recollects that it was written in the jail. Has no recollection that it stated that Crandall was a member of an Abolition or Emancipation Society. When witness called Crandall's attention to the endorsements on the tracts, Crandall said they had been on some time. Believes he said something about two years, and recollects that he then remarked to Crandall that one of them had not been published two years.
_B. K. Morsell, Esq._, (called again) stated that Crandall, when asked whether he was acquainted with the nature of the pamphlets sent to him in New York, said he supposed that they contained his sentiments, and were of the same character with those which he had taken some time before. He used these very words, "I don't pretend to deny that I am an anti-slavery man, and profess these sentiments." The pamphlets were then before us, and the examination referred to them. He added, that when he came on here, he found he was too far South to circulate the tracts, and that all he had received were those before us, except about a dozen. He did not deny that he came direct to this city from New York. He said nothing which impressed witness with the belief that he stopped on the road, if he said he stopped on the way, witness did not hear it. There was considerable confusion in the jail during the examination. Crandall might have said many things which witness did not hear. There were a great many people in the jail. He recollected that Crandall said the words "please read and circulate" were written two years before, and that Mr. Coote pointed to a pamphlet, so endorsed, which had been printed within two years; but he understood that Crandall's statement was applied to all the pamphlets together. He understood that some of the pamphlets were found at Crandall's office, and some at his lodgings, and that they were found scattered about the office.
Does not recollect that there was any testimony about unpacking a box. There was nothing in the testimony which made any impression that there was any distinction between the pamphlets. They were all brought together. Recollects that Crandall handed him a written paper. Began reading it, but could not get through with it; could not read it, and handed it back to Crandall; supposed that it was written under some agitation.
_Jacob Oyster_ knew the prisoner in Georgetown, and prisoner hired a shop of him. He was sick some time after he hired it, but had a large box put into it. When he hired it he said he was going to lecture on botany at different places. Witness was present when he opened the box, and it contained books, surgical instruments, and pamphlets. He saw two or three such pamphlets as were shown in court, which were thrown out of the box. Mr. King came in and picked up a pamphlet and said he should like to have the reading of one; and the prisoner said he might. When King saw it, he said it would not answer, it was too far South. A day or two after he asked King what he thought of it, and he said he didn't like it, and asked witness if he had seen the endorsement, which he showed, "read and circulate." Witness didn't see any writing on the others. He had some conversation with Crandall when the news first came of the attempt to murder Mrs. Thornton, and told prisoner nobody was to blame but the New Yorkers and their _aid de camps_; and that the boy said he had made use of their abolition pamphlets. Crandall replied, that he didn't approve of putting them into circulation, for the excitement was too high already.
_Cross-examined._ He said he helped unpack the box--that he knew of no other pamphlets; but Crandall had newspapers to put up his plants. Witness was in the shop almost every day, and never saw more than two or three people there; and never saw Crandall talking with any colored people or slaves. He was in the habit of going out into the fields, and brought back a great many plants. He thought the prisoner conducted himself very well, and was a very steady man in every respect. The papers in his office were of all sorts, and from different cities.
_William Robinson_ saw the words "read and circulate," but had never seen the defendant write. He had received similar publications but did not know where they came from. One came through the post-office, but was not postmarked where it was sent from; and had no postage on it. He returned it to New York to the publisher. He heard Crandall admit the handwriting to be his in the jail.
_Charles Gordon_ was in the War Department, and the whole building was flooded by them. He returned his to New York to the agent with remarks, and had received none since. This was just before Crandall's arrest.
_Coxe_ remarked he had done the same; and it was no evidence against Crandall.
_The Court_ was of opinion that the printing and publishing these pamphlets in New York, is not evidence of their publication here, so as to fix upon the defendant here such a knowledge of their publication as to make his possession alone, even with the words "_read and circulate_" written upon them, evidence of the publication of them by him here.
That in order to show the evil intent with which the defendant published the paper charged in this first count, it is not competent for the United States to give in evidence to the jury other _unpublished_ papers or pamphlets found in the defendant's possession, unless accompanied by evidence of some acknowledgment or admission, by the defendant, that he knew and approved their contents.
That the evidence did not appear to the Court to justify the inference that the defendant knew and approved the contents of those pamphlets, unless it can be connected with evidence that they were of the same nature with those which he had been a subscriber for.
_Key_ then proposed, as he had shown that the traverser had by his declaration approved of the publications, and had also implied approval by writing on the words read and circulate, to put them in as evidence of intent, in relation to the one published, and given to the witness King.
_The Court_ ruled that they could not be given in evidence, without proof of publication.
_Key_ then proposed to read the Emancipator, as a paper he had subscribed for, instead of which these had been sent.
This was objected to on the ground that there was no proof that he had _subscribed_ for the Emancipator; and that if he had, it was at a period previous to the time about which he was charged with any offence. The Emancipator was sent gratis, and _taken_ by many persons who did not approve of it.
_Jeffers_ was called, and said Crandall said he had _taken_ the Emancipator, or _subscribed_ for it, he didn't know which.
_The Court_ decided that such Emancipators might be given in evidence as were published before the declarations of the traverser.
_Thruston, J._, dissented from this opinion on the ground that it was not competent to put in one libel, for which the prisoner was not indicted, to show the sentiments he entertained in regard to one for which he was indicted.
In the midst of considerable discussion as to the parts which were proper to be read on the different sides, the most of the day, Tuesday and Wednesday, was consumed in reading long articles from different numbers of the Emancipators, to show that the Anti Slavery Society intended to use every exertion to procure the immediate abolition of slavery. In the course of this reading, _Key_ proposed to read an advertisement of the different works published by the Anti Slavery Society, which was objected to on the ground that it would admit all the works named to be read, and as Crandall had not been proved to be a member of that Society, he ought not to be made answerable for all their doings, nor for all that the editor of the Emancipator might see fit to publish.
_The Court_ decided that the reading must be confined within some reasonable limits. That the District Attorney might read such _editorial_ articles, or parts of them, as he saw fit, and the counsel for the defence might read any other parts, or the whole, if they chose. The advertisement was of course rejected, but reading of other parts was continued.
_The District Attorney_ afterwards offered evidence, under the third count of the indictment, to put in certain tracts with pictures upon them, which was objected to upon two grounds. _First_, that the count was insufficient, as it did not specify any libellous publication and did not declare that the offence was against any person, or government, or people, which was said to be an essential form of indictment; and, _second_, because the whole of the tracts, papers, and pamphlets, were illegally obtained from the prisoner.
The defendant's counsel then read the warrant under which Crandall was apprehended, which authorized the officers to take the person of the prisoner, and to search his papers; and contended that such search warrant was illegal--that a man's private papers were sacred from search.
The objection was resisted on the ground that the objection was made too late. It should have been taken at the outset of the trial, or before the magistrates--that the warrant (which was admitted to have been made by the District Attorney) was proper, and conformable to the law which admitted of search in the premises and in the persons of thieves and counterfeiters for the tools and implements with which they were enabled to commit their crime--and that it was competent to use the evidence which had been obtained, although it was illegally gotten in the first instance.
_The Court_ was of opinion that the evidence was competent, on the principle upon which evidence might be given of stolen goods found in consequence of confession, though the confession might be forced from the prisoner by threats or evil treatment. The confession might not be evidence, but the fact of finding the stolen goods could be proved to the jury.
_The Court_ also overruled the objection to the form of the count, and did not consider it so imperfect as to authorize them to reject evidence offered under it.
_Key_ then went on to prove that certain libels found in the possession of the prisoner were circulated in the District.
_Gen. Hunter_ identified one of the tracts as a copy of one sent to him through the post office, marked one cent postage, both the tract and envelope of which having been burnt. He thought it strange the postage from New York should be only one cent. It was about the time the city was inundated with abolition papers.
_Coxe_ objected to the testimony, if the paper was destroyed.
_Key_ was called as a witness by Bradley, and testified that the paper handed the witness was one of them handed in at the jail as found upon Crandall, and had not been out of his possession, since.
_Bradley_ remarked that the paper was a July number, and had not been published when Crandall came from New York. If, by the testimony showed, they were all delivered in New York, this paper could not have been found upon him.