Lancaster Examiner and Herald

              VOL. XXVI.
PIIBLISHKD   BY
KDWAKD C. PARLINGTON,
oreicK IN Nonru liUF.rM strkkt.
The EXAMINER & DEMOCRATIC HERALD
is published weekly at TWO DOLLARS a year.
Ai)VKRTisKME>-T.s not exceeding one square
will be iusorle.l three time? for onu dullar,aud twenty, five ei'uts willbe charged foreach mlditionalinsertion. A liiHTul discouut allowed to thr eendverliiiing bythe
LANCASTER, PA., WEDNESDAY, DECEMBER 10, 1851.
NEW SERIES, VOL. XIV-NO. %
THE CHEISTIAUATSEASON CASES.
[Continued from last week's paper.l
FIFTH DAY.
The Court met at 10 o'clock, to re pu mo ll'*' Cliristiaini trcaami caseB. Tlic i-xcitfiiifiit li- Iiyar is evideully ou ilio iucnjiso. Tlw i"!*"-"- iigD ways wero urowikd to a grculei- i-xtunt tlmn on any of the tirecedins 'liys*
Tho obiect Ihat first slnick tht-- "--ye un enlcr. ing tho Court loum on Snturil'i.v moniing, wa." a row of coloretl men Pfiito.I nn tho uoilh f.nJe of the room. Th^-y xwrc ch'-^xx[y nx Uieir up pearance, nntl i!ii.'ii' li filrong prcBumii
and fucL'H piesenlcd vidfiico llmt thoy hild just C8cap-ed irom ilio hand^ .-t the b«rber. ThL-se weri the coUn-vtl t-nMuion-wilk-gcd U. have been engaged iu lhe trcns.u. ut Chnsiuiuti. and mnn- bere.!twouiv-lNur Th-ywere all smnlarly at¬ tired, wc.-uitif.' axMUn! tlien- necks " rod, white aud bUu« Ptiirt--" Lnci'i-lm Mult waa at their head. Thi,*. vve hflieve, is her firslappeariinci* in Coint pint'f lh.; triaU have commenced. Htr di-uilU-d and hciiovoleiH couulenanco ever nt inTcis uiteiitii'ii. Under that calm exterior there el.'vv.-; :i firo- kiiidlfd by charity, which ia us iiniv<'i>uE u.s it ifi ardent and enduring. Sbe eai hiiittiiig during lbe eutire ficssion of the court, npn-irently unconficious of what was going on jircttiid hvr, excepi whcij st>mo point iu lho les- linuuiy bcemcd lo bear strongly'against the prisi'iier. Thon her oyes were lifleti from her wnrk, anti epaikled for a motuent with ndtniru- lion; but bpccdily ruhipFed into thuir iulolli gt-Mit yol quiet and peaceful ujipcct.
One ot lbe olored peisons, whopo uamo is CoUister Wilson, was too uuwcU to be broughi from prison on Saiurduy morning. It is unl just to aay, that Iheso colored men, tukeu to* getlier, will comparo in peraonal a[i[ioafaiice wilh an equul nutnber of thesiiiue raco, taken indiscriminately from i»iiy part uflhe world.
Tlie Iwu whito men, Lewis and Scarleir. were qUo brought IVum prison, but uccupied ilie rear ur east end of the court room. Tiieso twij ap¬ peared to be beiween 30 and 40 years nl ago, and judging fi'.nn llu-ir gaih, do nnt belong it. the Society ul Friends, ui had heen geuerally supposed.
Un inquiring lunv it iiapiiened ihat thc culnf- ed prisoners were uli dressed alike, we wen- iuformed ihat diev hnd becn clnlbcd by a coni- Tiiillec of I-uiicg heli/ngii'g I" 'he Abuliiion So¬ ciety, who hnvu beeii" very atlenlive to lhem since llipy have been iti prition.
"Conflidcrable delny occurred in getting into busines.i in consviiueiice of ihn writ i.ssued ou Friday lo bring all the prisimers inlo Court, for lho pnrpose of recngnition by the witness KUne.
Diairict Ailorney Ashmead contended, thai if Kiiuewas asked any (piestion by the conniiud (or defendant in refeietice (o eiiher of the pri.f- uners being al llie Pcene wliere lho alleged Irca.son look plane, ihey would be bound by that answer, and culd not cimtiudiel Idin, m it Was upon a colhileial tshiie.
.Mr. Jno M. Head usked tint he mi;,'ht be per¬ miued to mention a mailer to lho Conrt. He Kaid llmt lhe lu-idlh ofihe inisouer Hauway ie fitich as 1.1 requite free aif. On account of his coiifiiienu-nl he lias bulVered very much Irnin ;i paitl ill llie bteasl, .Mr. li. faid thttt the ptia- oner's hoallh ii.i^ always beeu bail.
.Iudge Griei" s-ii,l llial il was customary iu mo.-il cn,-*e.i wJn-ii' lhe prisointr isuncmdeiimed. to have lirin in c..iitineiuent; but iu a matter where healih isroncerned indnlgenco might lie granled. The .lii.Ige dir-'Cleil lhe Marshul to provide him wiUi lietlt-r aiiarliiietils.
Mr. Uead t*iiid that ill order l»i facilitate the case, they wniibl a^k lhe prisouerloname lliost- wfio wi'io ihere. aud to omit at-king que,'*ti<ins concerning iho-io who wero imt there, so that afie.'waidb ibey luiglil produce evidence In pIiow Ihal Pfteh per.sons Jt.s were idenlified by the wilnes-j. wr^ie nnt preseut ul all. It in to avoid keeping so many witnesses in allendatice. when il could he dispensed wiili.
Judge Grier ^aid lbat in a caso uf this do- scription, they would nol make nny premature lieci-iion. ll is not lH•^¦e.-^ury to prove the 'den- litv nuw ol llie wiiolrt lOtI wIio wero jiroseul on the occasion menliotied. It is in this case nuiy collateral mailer. It migiii be raising heit- firty or fifty coMatond i,-?rifs. Jiavitig no heariug at a'li upon the ease of Uanway.
Jndge Kane suid thnt lie cniiciirred in Judge Grier'tf opiniun. 'I'he ajipiication was therefure Uot granled.
The prisoners were direcied to retire from the Cniirt n.om. forlhwiih to an ndjoining room. After they arrived there, they displayed thai peculiar liiiiit-hcurlednes-i which is au- charac lerislic o| tjieii iace. Tliey laughed and chat, ted l.igether as if they hatl 'met tipf.u a hoiidiy. Judge Grier sai.l" ihal Hiey eonld not try ihirly-eiglit i.-'Sues in one, iherefore the examina¬ tion uill he confined lo the piismieron trial.
Tlie alleiiti'iti uf lbu Couit was called to sev¬ eral mistakes iu the repurls of the I'hunogra- pher-^.
Henry H. Kline, crosfi-oxamiiied—resumed by TiiaddeuB Stevens—I bave not told auy per¬ son that I saw a man shoot Edward Gorsuch ; I itave not lol.I anv peroon lbat I saw J'urker (^hnot Edward Go'rsuch; 1 did not lell Jacob ^Vllilson the abovo thing, nor any body else ; I did not tell any pers-m ihat Hanway gave par licidar aid to the negroes ; I did not tell Samuel Loughlin that Hanway gave lho negroes orders toehoot; I did nut tell Mr. I/mghlin that I was in lhu woodd when the firing took place ; 1 did not tell atiy person llmt Uie firing in lhe lane look place between o and 7 o'clock ; J can't tell lbu tirae of duy nearer; I could nol tell by lhu suu; lhe suu was nul up when I heard lhe war^anl^ read in lho hnu.-*e; it was three-quarters af an hour from the thne I cliased the uegro in ihe house to the liino I heard the firing in the lane.
It might bc ^o l.ing. or longer, I can't tell; I did not teil Mr. Co.jpcr that if my men hati obeyed ih^re wi nld have beeu no firing, L hud not u word wilh Mr. Cuopcr, for I took guod care uf lii[n and iwu or ihree others; [ saw .Mr. Coo[ier un lhe next morning lhe 12th; that was lhe only time 1 saw him; I did nut lull him that 1 Culled my meu three limes to como on, and that ihey wonld not olj.'y ; I was very careful whai I said ; I do not know Whitson by name; 1 reznendjer going lo a hotjstj un Sui:day after I'arker; I saw a nnm there, but tuid imth¬ ing lo him; 1 did imt hte the wllitt^ men with arms; thcy miglit havo had siniiilhing in llit-ii Jiockets; six ul my meu had revolveis; 1 had a revolver in my pocket; we had a guide; 1 ihonghl be was a while man; I did imt discharge my revolver iil'ter the light began; 1 was near lhe end of the lane ut lho time; as suon as the cars lefl lhe (iaji, I went lo I'arkor's iiouse ; il was ahotil 12 or 1 o'chick.
Quesiion by J. W. Aahmead—Yon said ihat you were careful iu yonr conversation wilh .Mr. Cooper ; nuw U-U wiiy you were careful 1 Mr. Stevens ubjecled lo the queBtion. The quesiion was overruled. The Court said that he had given the utiawor. Ho was cautioned in regard tohim,
liuesiion by .Mr. Brent—I saw Mr. Cooper at Christiana liio day oflbe murder; he was one <.flhe Coroner's jurats; Mr. Gorsuch ran licroSB lho hmo to the door; 1 fell, and ho had a hetler oppurlunily of siieiiig more than I did.
By R. iM. Luc—I met Mr. SearioU coming up on a horse whicii wasina ewe;it;he was not al Ilm scene as I saw.
Dr. 'Ih.inia'; Tearce, sworn—I nm a residenl uriiiiliiniore eounly, Md; I resided and do re- nido alo!ig>id.>of ihelntc Edwurd Gorsuch: I am related in hitu. I am a nephew; I accompanied ]\Ir. EJu-.-,id G.iisuch. H. Kline and oibera Christiaaa in Uu; nioulh of September last; on luy way up tlie inad, from Chrisliana towards I'arkcr'ii tf;\v,-irds tho west, I heard a bugle; the Bound was nut remote; I arrived ot bar¬ kers hon.M; ulii.ui ill,, (iawn of day; we passed ulong the long laui-, -.nul hi^I.nc we came to ll: short lane a black iicisun was discovered nnd chased to tho Imiis-!; .Mr, Kline and Marslial in front; my uncle was uexl; 1 waa in the rear; we went across in an angle inid reached Uie house; I received a severe blow from a mirisile from the honse over Uie right eyf-; ihu missili were kept tip for some Ume helui« liia warriuil wus reud; ailer wo found we could nut oifecl un entrance to lho liouso Uie wai-rauts were read ; Kline colled for the proprietor ; die war- ranlH were then taken oiit and read for Jusl and Nelson; lliey were read by lhe Marshal lie tnld them he woe lhe Marsha!; ihey wert read lo Uie man called the proprietor; Uie con
he could do nothing for ub, it was not a lawful
I forgot to state that the blacks were, I tho t uboul giving up. unlil Hanway came up, wden tbey gave a yell; I recognized Noah, one of my uncle'8 slaves; ihe blow I received gave mea black eye: I staggered; I Q'f> received, whde among the blacks, a shot in lhe wrist and lwo shot in the spine; my cloihos had u great uiany sh.it in them; I received a ball through my hat which slightly wiumdod the scalp; the first guu I .-iow fired was from the window, at my uncle ; I told my uncle that a gun was pointed outof the window, and to be careful not to go up: the shot from the window went over my uucle'« head; the negroes wore near enough lo hear wliat was eaid, for they occupied one aido of Uie road, and we tho other.
£,\ plan ofthe place was laid before the wit- nes.-». M) that he could point out the preciao lo¬ calities oftho partiea engaged.")
I wtis some six or eight steps frnm tho bar towDnls Parker's house; the Marshal was in the long lane; tbe corn fields intervening be¬ tween myaelf and where the Marshal stood, prevontetl mo from seeiDg him; I thhdc there were about eighty negroes there; Isaw some white men running away at the time I was making my escape; I saw^ Dickinson Gorsuch the next morning iu o prostrate condition ; bis
' e was very low; he had  40  Bhots  in  the
t>ulsi
arm and 30 in"^ the sido; I Uiought he would not recover, for respiration was very hard, and fever high, pulse very low ; I saw Joshua Gor¬ such on the Saturday after, the same week, at homo in Muryland ; ho was in bed ; ho had a wound in the head, injuring lhe occipital bone; it alfecled hia mind.
When I asked Hanway to arrest the blacks, ho tui ned towards them and said nothing; after that .loahua aud myself coniinucd up the lane; I ran ulong the eide of Joshua for a lime, bul finding ihey were muking at ns very fast I rau ahead\d Joshua; I looked back and saw a black slrike him ou the head with lhe butt end of a gun; he fell forward; I had a conversation wilh Hauway, but I don't recollect what he aaid; 1 asked him why he had como there, that ho had belter staid nway ; he gave mo a very decided auswer, which siruck me.
Mr. J. W, Ashmead asked what the prisoii- .•rV nrmncr was on that occsson, to which Mr. Stevens ohjecled on lho grouud Uiat it wa.s inukiiig the witness a judge of manner insiead ofa tiilrrator of facts.
Witness—The   conversation  was angry  on
hoth siiiea ; ihero wcro ditferent groups of iie^
roes;  the group at the bar was composed   of
abuui 10 blacks; lhe yell camo from the party
f blacks who  caine frnm the houso; it was
after the reading of the warrant; the   firing
commenced ot lhe time of tho yell, and after
my ttiicJe   was   knocked  down; I  think  lhe
blacks could hear the reading of Uie warrants ;
I heard a halloo for help from the house as we
were coining up ; I was nbout fifteen stojiB ofi
wheu the convorsaUon took place betwoeu the
.Marshid and Hanway; I  saw some  seven or
¦ighl meu runnius from lhe house towards the
reek,
I eaw several negroes that day riding up on
horseback; ihey were certainly armed; [ saw
Xoah running up towards the house; ho  was
f the party who came up on  horseback;
he diJ not como ont of thc house; I saw Dick-
tieou (Jursuclt; Ije bad u bleeding at lhe mouth,
-vhich must have proceeded frora hemorrhage ot
lhe liiugs-
Crns'^e.tamiued.—At the   Umo  I   heard lhe cunvcrsalion between Kline aud Hanway, Mr. Lewis was b\; they were at tho   mouth ofthe lane, between Uie bars nud  the long  lane, iu the monlh of short lane; the  coloreii persons who were loading lheir guua wero on the other si.le of the lane; hy the Marshal I   mean   Mr. Klhie : ilanway was going tlown   'ho   Inno   on horseback towards  the  honse; ho was aboot idwav between tho short lane aurl the creek. Till- blacks on lhe other side ofihe luno had passed   up; no firing hnd   Iheu   taken   place; •om tho time that I relurned from the Marshal I the time ] escancil. 1 heard no firing in the mg lane;  I never said that while t   was niak- iig my csca[ie,  that Hanway interposed and ^ked   lhe  blacks lo go back; I said that I be- ieved when he turned, he turned b.-jck u pari of the negroes, and doing that might havo saved my life; I dmi*t recollect leHing Dr. Lickinson no; 1 did not lell Dr. I'allerson so; 1 never liave told any person that if I  had left the   ground there wouhl havo been no firing; I dnn't reml- lect lelJiiig   James   Henderson  so; 1   recollect saying ilnii if lie had acted  wilh   forelhonght we might have been tngulher,  und   lhe result been ditTerent: I may have said  ihat lmd my uncle retired the afi'air would liave turned out difi'erently; I did not tell Mr. Lowis  Cooper that lho  Marshal  waa  a  poor thing, aud rau frum the ground ou ihe firflt intimation of dan¬ ner. I did not  te
wo saw a negro coming out of Uio lane; be j Mr Brown said that ho believed others wore slopped behind; I beard my father halloo to ' sufl'ering, among whom was Jacob Moore, one of catcli him; I went after him, in company  with I (^^ defls.
l.nvi I'owel that Kline was a inoaslrous p.ior lliiiig. ami a coward, uud that I had no confidenc-e iu hiin; I expressed the opiiii(.n that if Hanway had turued back, and said anylhing.|that it might have saved my life; I did not hear Hauway aay anything to lhem; I lliink Hanway waa there sufiicienily long lo take Joshua upon his horee.
¦Mr, Ureni asked the witness to slute wlial he lieard Hanway say lo resiraiu tho blacke, or mnke theui gu back.
Mr. Stevens objected tn ihe quesiion. Ho said it was an insinuation coming from counsel which ho was sure would not he tolerated iu auy case, particularly in ono of their character. Mr. Itreiit replied that the geutleinan's state¬ ment that it was a mere insinuation, was un-» warrantable, aud ho disclaimed any such thing. Jnu'ge Grier said—That it aecnicd like « re commencement that ihey could ask the witness anything iu relation to tho fact of tho prisoner's restraining tho blacks; nuylJiing of thy kind tlmt may have been done by Hauway, can cer¬ tainly bo placed in evideuco.
Mr. Brent BJiid  thathe wauled lo lebnt the idea Ihat Hanway saved lho fife ofthe wiluess by turning back. The quesiion was sustained by lbe Court. Wttness—I   didnot hear  anything on   Han¬ way's part to restrain the violence ofthe blacks. Quesiion by Mr.  Cooper—We were  in ad vance of Hanway  and tho donee mois wjis  far behind me.
Question by Mr. Stevens—I ditl uol see Han way nee weopoiid at any time.
Joshua Gorsuch. sworti—I wa.s noishbor to tho late Edward Gorsuch; I accomjianied Mr. Kiiiiu, Edward Gorsuch, and others, to Chrisli- aim, in tha month of Septemher last; arrived there on lhe morning of tho lUh ; I heard a bugle as we were going up to Mr. Parker's; it was to my righl; wo went ou iheu to the bars; wo heard some one singing; we jiroceeded to the hou.se; ¦. hen wo arrived there Edward Gor- 3ucli lold Iji.s servant iNelsun to come down and give himself up ; Uiat il would bo better for him.
They said he was not there; Mr. E. Gorsuch said. " yefl, 'lm ia, I (iaw liim." I wus slrock on the lop oftho shoulder wilh a block; powder lla^ihed in the winilow.
Edv.-aid Gurstich then said, 1 waut ni} pro¬ perly ; lho blacks aaid thoy were nut there;! observed that perhapa you tJonotknoA' tliem by Ihe name we give, fur ihey assume ficlilious names ; lho Marshal read lbe warrants.
Therewas a manon horseback there; the .Marnlial went to him; by this time a large uum¬ ber of blacka were in Uie short lane; they were cuiigregtiUng all arouud.
The .Marshal said, " come on, 1 hold this man responaible; provided this mau is worth it, your properly it secures ;" lho man ho had reference to was Hanway.
The .Marslial aaid, " come on," he wng struck with a club and knocked down; I tried to shoot one of UiBin; ihey fell lo and beat me; my cap smipped ; i aimed at the man who siruck me. Iran, and saw Dickinson, theson of Edward, hy the bare; ho aaw the lane atrewed with col¬ ored persons and somo white; Uio blacks fol- I'lwed crying "kill him, kil! him;" every oue who could get a lick at mo struck me.
I saw u man on horseback, whom 1 asked to let me get on behind; I wna theu kuocked down wilh something heavy; I received a great many blows ; my cap was lined and hadiu il two handkerchiefs, ondl)od it nol been for tbem I wonld-uot havo been standing hero to-day; I Went to a houso kept by a man numed Itodgerfl" I saw the Marshal there; I theu went to Davis' sture lo huy a bal; I asked somo of them to carry raeou to Penningtonville; a uwn agreed to take me there for a dollar; I gavo it to him; Igot in thecars and wenl to Columbia, then to Wrightsville, then lo York ; the mau uu the care wanted me to go homo with him ; I could not go home with auy definite account of my friends. HO I would not go ; I saw Joshua Hammond, Edward Gorsuch's slave there; Edward said to him, there is no uso of going on that way; he waa going on like a savage; Isawanother of my cnnsin's slaves there, whom I took to be Noah Uuely ; I have no doubt that one of them was Josh Hammond; I heard several horns blow
Dr. Pearce, I weut at tho back part of the house to keep the negroea from getUngout; I got on an out-house; I waa ihare at the time tliey gavo lha blacks permissi'iu to consider; I then saw a manon horseback coming uj'; all wore away but my fatlier aud myself; they made a noise when the man on horseback came up; I saw Philip Pearce's b.iy coming out; the man who kept the house, Parker, said, "thero he ie, take him," poinUng in Josh; hefore Uiia I saw Josh riding up the hmo wilh u gun; a litUo ni¬ ter 1 saw them striking my futher with clubs; andttholiniho side attho sametime; I was bleeding very much, and cpiuiug blond; J aalted a man to hold my head ; ho wouldnot do it; I asked him to get mo some water, nud after asking Jiim several limes he got il; I recognized the man afterwards in prison lu be Scarlett; Uieru w.ue about eighty there; lhe blacks look¬ ed out c-f the wiudow.'aiid sawthe man was standing at llie bars; he was on a horso; the blacka thon cheered ; I saw two of my father'^ slaves there, Nonh Bueley, and Josh Hammond; I was about ten feel off when they commenced to kill my father; I had my side to hira, I could not reach my father for the crowd that was around him; my pi.-ftnl was knocked outof my haud; I received ubout eighty shots in me; I remained at Mr. I'uwei's three weeks before I nntild be removed. The horns from the hiiiis.- were lilown beforo the negroes had assembled. I passed some blood from my luugs; I now feel the iiijuties; I havo pains in my sido, and it hurls ine to cough. After Hauway had corao (nlbe btira, the blacks in lho houso all com¬ nienced dtamping ou lhe tloor. No cross e.xam- hiatjon.
Nich'.las Hutchingc. sworn—I was a neighbor of lho iale Edward Gorsuch, in Ihe Stato of .Maryland;! accompanied him on the Ilth of September to the house of I'arker;! heard a liorn blowing, as I was going up ; it came from tho right. Wlien he camo to lhe house, Kline luid the landlord that lie was an ofiicer, aud Caine to make au urrest. Mr. Gorauch eaw one of his slnves nt the window, and told him he would forgive him if ho wouldcome back,— Someihing was thrown out of tho window whicii siruck Mr. Pierce; a gun wus fired, and shortly after, a horn wua blown. Th -.y asked f.ir Gomeliino to consult, when teu minutes were given lhem; iu the meantime, a man rode up to tho bers; the Marshal weut up to him and asked him to assist; ho then gave Iiim the warrants; he then read lhem and passed lhem lu Kline. Another man came up ; Klino handed him tlie warrants to reud ; he  looked  at  them
d pa.-scd them buck. I think, ut that time about iliiriy negroes cume up, armed with guns, clubs, >c.ylJies, i^c. Kline colled lo us to leave UiB house, ihat ho had some pers.m whu was re.-potisible. He went to lhe sliort lane ; Kline lulil me loiullow him The neg nea rushed out of lhe honsy. I saw Dickinson Gorsuch come up, bleeding, and then I maile my escape, I did seo the fuce of tho man on horeeback.— Tliero were 150, or more negroes Ihero, I sup¬ pose, the gun fired out oflho window was fired over old Mr- Gorsuch ; the negroes were load^ hig iheirgutts at l)io Ume. I suw some uf the niaves <.f old Mr. Gorsuch ; uuo culled Noab Buoley ; 1 saw no nlher.i. I feel ciu'taiu it was N'oali. 1 first saw Dickinson nml Kline logether, couiiug up lo the woods; Kline had hold ofhim. At the lime Hanway came up lo the bars, they iipjieaied to be in gn-al spirits, shonling and singing; beiore Uial Uiey seemed to bo raiher intimidaied.
Cruss-examiiii-d—1 did not seo lhe while men speak to lhu i egroes. I was down in the lane when I saw Hanway with the Marshal.
Nathan Nelson, sworn—I wns a neighbor nl the lale Edward Gorhiieh. iu lhe Slate of jMary- laiid; I went with him in the mouth of Decem¬ ber, tn the honfle of Mr. Parker, at ClirisUaini; going up the n^nd we heard a bugle lilown ; we .law (UIO or lwo negroi-..* al the short lane: they saw us. and ran; wo ptirsned lhem Io Uie honse; when we got Uiere, sounilliiug was Uirowii out of the window : llieii a guu was dischargeil over the fchoulder of Mr. Edward Gorsuch; bofore that, the Marshal read lbe warrants; he gave 'hem time tn cousfder whetlier ihey wotdd give ihemselves up ; I dou't know the lime given lhem ; ut thai-time a man on horseback came, then Uiey bpgan to mnke a great noise; there was a crowd of niggers in tho laue inaking a yreat noise; the Marshal hallooed to ns to retire; Unit he helil that man responsible fur the prop¬ erty ; when I got out in llie lane I aaw the man .in ahorse, aud a young man by his sido; I eaw nne of Mr. Gorsuch's slaves there; he was cal¬ led Noah Bueley ; I saw the face of tlie iuan on horseback; I take tlie prisoner to bo the man ; it was nollong after Hanwuy appeared that the niggers came up ; Hanway suid to me, " I don't Uiiiik you can do anything ;" I replied, I dmi'i ihink We cau; I beard reports of guna; there were some seventy-five or one humlred niggers ihere; they were arraod with guns, swords, scythes, clubs, &c ; I heard horns blown fro m thu house and the surrounding country; lb' hums at the houdo wero blown beforu llie nig gers assembled; il waa about dtiyligJil; I saw Kline talking lo Hanway.
Cross-examined.—I heard ihefirst hnrn be¬ loro wo got In tho mouth nfthe long lano; I thought ono of the horns which I heard was in the direciion of therailroad;! can't tell how fur off it was; it was a heavy, ioggy moriiiiig; I can't tell wbelher it was hefore ur after six o'cluck; Hanway was at the mouth of the short lane; the boy, who was standing by him, was called Juhu liodling; when ihey were together Kline was not thero with them ; I did not seo Kliue come hack after the firing; Htttchingeand Kline were ahead of me; I did not say Hutch- ings and Klino were nearthe wood wheu the firing commeuced ; tbo fiyst I saw of Diclcinson Gorsuch after that was enleiiug Ihe wood wounded ; Kliue was then goiug from him ; I did lint sec Kline hnng Dickinson up the lune; after the firing commenced ! took towards Uie
v'oods ; I did nol see Mr.  I..ewis AltalT as I re-
ullecl;Idid nol seo Mr- Lewia thereat the lime Hanway was reading the warrant; I lefl Hanway and the white man standing Ihere; I don't know which wuy Mr. Hanway waa look-
Miller Nott, sworn-—I resido in Rtra.sbug lownship, Lancaster county, two miles from Christiaim;! recollect the occureence in Sep¬ tember last, in Christiana; 1 visited the battle ^ ound that morning; I reached lhe ground some few minutes aflcr the firing: Mr. Gorsuch was nol llien tpiito deatl; I concluded there were betweeu seventy-five aud ono hundreil negroes ihere ; a quaniity of them were armed; there waa a gootJ deal of firing; [was ahoui two hundred yards from raiker'a house when lho filing commenctd; ! saw JoBe|)h ScurleU there ;1 kuow him; 1 have known him fur seveu years, probably longer: Scarlett lives ahout a mile and a half from Uiere, ho was on horseback.    Nu cru-s-ixamiiialion.
Quesiiun by Judge Grier.—What was dune wilh Mr. Gorsuch?
Witness.—Wo removed him to where the inqueat was held.
Quesiion by Mr. Brent—Tbe negroes scatter- ery soou after Mr, G.'s death,    I heard no
Hi I
said lie had come to "urrest Uiem,  aud Umt h would do it; he then  wrote an order for more men ; lho blacks np stairs askedfor limo to con¬ sider ; during lhia lime thc  prJsouer rode  up; the M.ir.«hrd totd him the case, aud asked him
ersaiiou wan kepi up lhia wuy ; the Marshid   from the winduw; it was before the blacks had
" "' '    ' ¦'   -  •     asBenibled ; Ihey told that there were but five
Ul the houBo.    There wero obout one hundred
and fifty blacka  intbe long lane, who arrived
wuh Hiunes,  clubs,  corn-cutters, aud I  might
c--.'^ "i^P" f?""^' '"'* ^ '^^"'^ recollect; theonly -.--_i ._..„, r„..„ ,1,^  v,-v:dr:\v, ard after
-;¦"¦ ¦"¦¦   .'    '   .'-.- .;..".i'-r of Edward
\'-. '   ¦¦;¦ /¦  ¦ _     ••       ¦ "   ¦•:'::-'::¦ t'll .'::¦¦   'a-l
""'        '¦'¦ ' -¦ ¦¦- ".,:;,.¦     '  -s;-;! ubc-nt f> Oi
horns blown dewn that way
Jr>hn Moll, Bwurn—(a bov about 1."))—1 ro collect the moruing in Sepiember last; lbe fir¬ ing coinmeiiceil about sunrise; there was a good deal of firing ; ! Faw the balUo almost GO or 70 yards from f'arker'a house, ihero was aboutlOO negroes Ihero I ; saw a yunng man wouuded by lho big oak tree, ahout 40 ur 50 yards from Ihe short lane; Kline was wilh him; ho brought him ont and saldowu.
Cro.ss-cxamiued—It was opposite the mnuth uf the huig laue I first saw lhe wuunded man ; I saw him come out uf Uie long lane.
Mr. Sleven.H announced to the Goitrt, that hy accniale mcasnremeut it hns been found that the distance from the mnuUi uf long hmo to Uie shorl lane is sevetity-nne yards. Plans of the ground have beeu fiirnished by the parliea, from whicii Um Court is enabled to leant accu¬ rately the precise posiUon of poisons and local¬ ity uf places previously mcntiuned in the courae of the examination.
Mr John W. Ashmead said that there were uo more witnesses fur the United Stales present but that a number are in the dcbiura' apart¬ ment Ho suggested lo lho Court Uio propriety of adjourmng. It being near Uie hour f,\v ad- junriinicnt; and Ihal il woid.l give the ollicers trouble, aud canse delay, to send hir tbem nuw. The Court was therefore ndinurneri nuUl Mon¬ day m.iruing, nl 10 o'cl.ick, when the examina¬ tion of wiinessea fur lhe United State.'', will be reaumed.
After the Court had adjourned, lho jurrors made an apphcaliun privately, lo be permitted toattend some church which Umy miMit select. Their Honors granled the request.
Thaddeua Stevens, Esq., informed lhe Court thai he and Mr. Cooper would not be in atten¬ dance ou Monday, in cnnst-queuco of a cull to Waslimgteu. Mr. S,, iu his accustomed spirit of irony, said thai his prcsoiicco in Washington was id»3olutely neceasary, as ho bad to lake care of Mr.   Forney,
SI.XTH DAY. United Statf.s Crncux CounT—Judges Grier and Kane.—The case of Castner Hanway vtn leJiinicd thi;. morning. Tht trial ha? lo;' nore nfita ii:t*::es;. Thf i''nurt rooi:! wiw ?y..:r filled, at:d t.iio UHitrt rot:-..
Miller Nott, sworn—I was aroused on the morning of the fifth hy some sharp hallooing; I studied for a moment, when my litUc boy ran away, and I went after him, for fear ho would get hurt; my son got there first; it was a little after sunrise when I got there; I saw a man on horseback going away; he was riding towards thc north; he had pot got to the branch when I saw him; negroes were behind him; I think he had no coat on; if he had it was black; I sa v no while men there; there were about 50 blacks be¬ tween me and tho man on horseback; ahout 12 or 15 negroes advanced towards where Dickinson was, under the tree: an old colored man came up; I etopped him and said, what is Uiis you ha%'e hccn doing this morntng 1 he ?aid I have been doing nothing; he said to me don't you hear the horn blow? He started to where Dick¬ son was; I said stop, I want to know more about it; then 12 negroes came up to Dickson, and I said they will kill him; and I eaid, "save him save bim;" hc did not answer; then I said mind what is before you; he then threw up his arms, and turned round, and the blacks went hack; thcy went towards the corn field; then went into the house; Josiah Clarkson the colored man, got on something high, and cried " order, order," and they all became still ond quiet. At the time I saw Mr. Gorsuch, was when the blacks were run¬ ning through Uie corn field; he waa laying nearer the hits than thc house; hc was not (juite dead then, when I went up to him, no one ofl'ered to move him; I saw Scarlett ride in at thc mouth of the long lane ; his horse was a little sweaty; he rode down thc lane towards Parker's house and then rode out again; I don't know where he wenl then; I think to the mill; the way that Mr. Hanway would come hy the road to thc mil! would not he a mile ; it would he something less by the corn fields; tlie firing was over when I got there; Lewis iivcs about a mile from Parker's house;  Scarlett lives about tho same distance.
Question hy J. W. Aahmcad—What was lhe color of the horse ?
Witness—I dnn't know the color of the horse. Question hy J. M. Reed—Where were you at tliat time ?
Witness—T was near the mouth of the long lane at Uie time, on the road running down to¬ wards my house.
John Nott, recalled—I got to this placo about len minutes before my father; I weut by the side of the road ; standing against the fenco; I could see Parker's house ; they broke out of thc house; a little after they came out they fired and disap- pcircd out of the big lane to the lilUc lane; at one time they fired at a tremendous rate; there were about 60 or 70 ouiside before they broke out; some ot the mouth of thc UtUe liine anil somo at the bar ; I did not eee any white men running; T did not sec any negroes come up on horsclinck ; I eaw three or four horses hitched along the fence in hig lane ; I do not know whose horses they were ; I saw one of Mr. Gorsuch's slaves, as theyare called, before day light; hc as called John Bier: the last I eaw him was at the Brick Kiln about two monihs before, alHan- ay's; he wos passing hy at the time ; I did not soe any blacks in the light when I saw Dickinson Gorsuch bleeding very much ; ho was ahout five feet from tiie placo where he was seated ; I got some water for him ; I held an umbrella over his head, thc negroes came up in a great fury with lubs; my father said they will kill him, old Jo¬ siah Clarkson; he did not say atiything; my father repealed it; Clarkson ditl not answer.
Answer—my father said ''save him," and then Clarkson raised up his hands to thc blacks, and then they turned back. I heard a colored man, named Ezekiel Thompson, say that hc would as leave die as live. My father said hc would kill him.
Mr. Brent asked what he meant by saying kr.
Mr, Read objected to the question on the ground
that it  was repealing the examinaiiou in  chief,
and that thc witness could not tcll who his father
nieant.
The witness on being interrogated said that hc meant to have used the word iheii instead of he.
Judge Grier said that it was a very common error for wilncssc.'i to use Uie singular for thc [ilural, when narrating a story to the Court.
Witness—I saw Hanway going along ihc lane; negroes were hehiiid him shooting; I did not ecc whom they were shooting at.
J. M. Read said that he would now fix the witness' posiiion in thc lane. For this purpose thc Counsel laid the plan before him, in order that hc might point out the precise locali ty of the places named by him. This portion of the evi¬ dence was given to a fclcct few, so that we were unable lo obtain it. It was a matter more for thc Court than.lhe jury.
I etood in lhe first pofiition about a qunrter of an hour hefore I lemoved to the second.
J. Franklin Reigart affirmed—I am an Alder¬ man of the city of Lancaster; I issued warrants for the arrest of Castner Hanway, Elijah Lewis and others.
Mr. J. M. Read here interposed, ond asked tho counsel what ho intended to prove by the witness.
Mr. Brent said that hc wanted Uic witness to narrate a conversation which took place between tho Marshal and Castner Hanway.
Witness—Thc warrant was in reality issued by Mr. Gihon, the affidavit was signed hy mc; hi got about fifty men and proceeded to theplace; they brought back Hanway and Iiewis to Mr. Zarrachcr's; while on the porch, Mr. Klino wenl up to them and said, "you white livered scoun¬ drel, yesterdoy I pleaded to you Hke a dog for my life;" Lewis answered that he had to fly for hi" life; Hanway said noihing; I went up and told hitn thnl he must not create any excitement there; he answered, thathe could hardly suppress his feelings; he, however, went away.
Cross-examined by Mr. Read.—Had not Mi Kline a formidable pair of whiskers ^
Witness—I thought he nas a very singular looking man.
Mr. Road asked othcr qucsUons in regard to thc personal appearance of Kline, which were stopped hy thc Court.
Cross examined by J. M. Read—What did Kline eay to you in regard to speaking to any boJy to pave his life. Mr, Read desired to show that he had before ihc Alderman said ho had not iicard either Hanway or Lewis speak a word thc grouud of the fight, and that the occasioi^ spukcn of by the witness was a mere chulition of passion on tho part of Klinc. Mr. Read asked that the afiidavit be put in evidence.
Judgc Grier said that lie thought the matter was irrevalcnt As Judge Kane was about to deliver his opinion, Mr. Read satd Ihrit he would not prc,'5s tbe matter upon the Courl.
Witness—At the Umc I was laking the affida¬ vit before the warrant was issued, I saw Mr. liCwis nn the spot; in the room; I saw Han¬ way on the ground with Lewis at the time the constable was despatched in the crowd; Lewii asked me if ho might go to Lancaster; I saw the constable serve thc warrant about 10 yards from the office, on both Hanway and Lewis.
Question by Mr. Brent—I think 1 saw Mr. Lewis in lhe room at the time Klino was giving his evidence in my office.
William Proudfoot, sworn—I reside in Stras¬ hurg, Lancaster county; I am a constable there; UlC warrants forihe arrestof Hanway, Lewis and others, were placed in my hands; I arresled Han¬ way and liCwis at Fred. Zarrachcr's house, in Chrisliana; I was there a little before them; I made thc arrest myeelf;' Hanway and Lewis had come to Christiana; I went out and took them inlo custody; thcy asked me if they could not gel off until to-morrow; I told them I had no au¬ lhority ; Klinc came up to Hanway and snid, "you white livered scoundrel, if you had said one word yesterday, not onc of our men would have heen killcd-.-you rolher sold lhem to shoot," Hanway made no reply, bulElijah Lewis replied, I did not; I heard nothing on cither side about begging for lives.
Cro.ss examined by J. M. Read—I did not see T/Cwis and Hanway at Znrracher's lavcrn before thc warrants were issued. I first saw him at the porch of Zarrachcr's house; itwas known among the crowd that the deposiUon was taken for thc purpose^of making arrests; Lewis and Hanway were in lhe crowd.
Mr. Read asked tho witness if hewas person¬ ally willing that the prisoners should go to Lan¬ caster unUl the next morning. Mr. Brent ob¬ jected to the question.
Witness—They told mo that they had been at the Diatrict Attorney's at Lancaster. Thoy Raid that the District AUorncy had nothing todo with it. I was not willing that they should go, Charles Smith, aflirmed—I reside in Chester county, about 2 miles from Christiana ; I recol- lect the morning when Kline and the party came
¦n'nro'l
said, that they also intend to ahow that the blow¬ ing of horns at Parker's house and elsewhere, was a preconcerted action to resist the authority of the United States.
Mr. J. W. Ashmead said—that he thought this one of the moat important witneases. That they inlended to prove that the said Samuel Williams had insiead of getting lo Parker's houee, by mistake went to another place, and there told the object of his visit tophristiana.^
Mr. Lewia replied that if we look iit the in¬ dictment, it will he found that not a word issaid of tho man Williams, who has becn meniioned. It is to be recollected that Williams has not been connected in any way wilh the deft. We have a right to presume that tho defence waB only on the ground as a spectator, which wo will provf.. Your honors will perceive that it wants the con¬ nection between Williams and Hanway. You must first show that the person charged is con¬ nected with the conspiarcy, then you muat give the conversation between tlie'conspiiators.
\ man must nol be implicated in the conspi¬ racy by mere conversation between olhcr parties than the one accused. The defendant has not been connected with the affair as a conspirator. They might wiih the same propriety have ac¬ cused Mr. Nolt, wlio arrived on Uie ground so soon as to implicato Castner Hanway.
Judge Kane —It is in evidence that tbc deft, was present at the time of Uic overt act. The mate¬ rial question is the purpose for which he came—¦ whether it was accidental or intentional. Such evidenco may be given os will enable the jury to Infer the intention of the deft, in being there.
Judgfl Grier said—We consider there is some prima facie evidence that thia man was connecl¬ ed with the affair. If a man is found armed, along with an hundred others, to resist the au¬ thority of the U. S., you may possibly give in evidence that notices were given, epeechea were made ; and meetings were held. The evidence was admitted.
Wiflness—Tho colored man came (o my piece about 5 o'clock in Ihc morning; his name was Samuel Williams; he said he had corae up in thc morning cars along with others wbo were af¬ ter slaves, among'whom were Nelson and others, whose names he had on a pieco of paper, at Chrisliana; hc eaid that he had come to my house in mistake for Boyd's.
Hc said he wished us to give tho slaves notice that iheir masters were after Uiem; he said he left three names at Christiana; Kline asked me to the assistance of Dickinson Gorsuch; he said ho would give .$5; to any one who would bring thc bodies of Edward and his pon; I saw the bo¬ dy of Edward laying in lhe orchard; I did not lake him lo my house; I did not move him al all; thc inquest had not been held; I left and went, to Penningtonville.
Question hy Mr. Brent—Did you see any of the wounded?
Answer—I saw only bleeding at the mouth; hc said ho wished notice to be given to the slave.'; hc used the word slaves ; T did not know where any of the slaves wcro ; I did not know ; he did not tell me from whom he got this infor¬ mation; I did not ask him.
Cross examined—Boyd'e adjoins my place; 2 miles from Parker's.
Dr. Augustus Cain, affirmed—I reside near Christiana; nbout 800 or 1000 yards from that place; il is ahout 2A milea from Parker'a house; on the lOlhof September last, in the afternoon, Josephus Waahington presented a paper to me wiUi lliree names on it; lhe first I do notrecjllect, lhe eecond I do not know; the seeond name was "Josh;" the third name was Ford; with a dash afier it and under; it wos written Hartford county, Maryland; another colored man was wilh bim.
Question by Mr. Brent—A colored [man told me that the kidnoppora were at Parkers*; it was o'clock in the morning; the first man that told me was Francis Harkins, a colored man; I heard of the murder on the forenoon of that dav; I was called upon to dress the wounds of two col¬ ored persons on the forenoon of thc day; there were two—one was wuunded in thfi arm, lltc other in the thigh; it was with balls; I extract¬ ed them.
I did not give the information; one of them was named Henry C Hopkins, thc other John Longlny; il is likely I do know that a meeting was held where tho Fugitive Slave Law was ta¬ ken into consideralion; it was held at West Chester, at the Horticultural Hall; there were speeches made disapproving of the Law.
Mr. Brent here presented the witness wtUi a notice of a call for a meeting, published in one of the puhlic new.spapers'. Mr. B. asked him if the resoluUons published were the aame as was passed.
Witness—I do nol know; I do not know who was the Chairman of thai meeting; I don't know whether Mr. Hanway was there; I was no ofF.cer of Uial meeUng; I Ihink. the mcetiny^ wis hehl in thc Spring; il wos the AnU Slavery Society which met there; it was the anuual Convention; I am not aw.ire of any proceedings heing pub¬ lished in any paper whatever; I was there as a mere spectator.
Question by G, W. Aahmead—I dressed John Longley's wounds in a house of ray tenant; hc was a lighl man. short and raiher Uiin; hc did not tcll mc how he got hurt; I did not ask him; Heury C.Hopkins occupied Uiehous-^; he is one of tho men that was wounded; the lasl time I saw hiiu was thc day of the murder; they left the neighborhood immedialely after; my house was tenanlle.ss on that afiernooo; I did not know where John Longlcy resided.
John Roberts, sworn, (a colored buy)—I reside a mile thc other side of Smyrna, abnut 8 miles from Parker's house; I havc been in debtor's apartment 72 days; thore wa^ a colored man in there wilh me named Josephus Washington,and another named John Clark ; they escaped from prison; I don't know how thcy escaped; I re¬ collect the morning of the battle at Parker's house ; Joseph Scarlet came to my house about sun up; hc was on Iiorseback; hc asked for my f.vthcr; my mother told him he was not at home; hc said the kidnappers were at Parker'.«, and to Ict llle colored people know it; I went to Joseph's houee to tell them, but they were not at home ; I got a gun which I got from Joseph Townsend, a while man ; hc loaded it for mc ; f went to go to Parker's, and I got aa far as George Irving's about 8 o'clock; I told Townsend that kidnap¬ pers were at Parker's. No cross examinaiion.
Sainuel Hanson, (a colorod boy.) sworn—I lived at Wm. Rcgg's, about l-^ mtJcs from Chris¬ Uana, and ahout 2j) miles from Parker's; I was at thc battle at Parker's awhile afier eun up; I got there aficr thc fight w.ig over; there were about fifty colored persons there ; they were arm¬ ed with guns, someof thom ; I heard a good deal of firing while coming down Uic lane; I seen Hanway between tho little house and Parker's; no one livc^ in thc small house; it is between Parker'a and (he creek; il is in lho long lane; he wns on horeeback, goir^ up the lane, towards Pownell's house and the creek ; I was about five or eix yards from him ; I was in lhe road coming up to lhe houee; I passed Hanway; I did not speak to him ; I had no arms with me; there were eomo negroes standing just alune, as iftbey were going away ; thera were some behind him; I went inlo the little lane a piece, when I started antl^'came home; I saw the body of Mr. Gorsuch; I wnfi about one yard from him; I dou't know whether he was dead ; I went down to Chrisliana to get a pair of hoots, when a man came along and eaid kidnappers were at Parker's; I met George Pownell coming u[) the road; he told me kidnappers were at Parkers; hc is a white man ; hc was going away from Parker's house; when I saw him he was coming towarda Chris¬ tiana ; hc did not go towards Parker's.
Cross examination—I did not work for Isaac Moore; I was not at his house that day ; after I was not on the battle ground, I did not hear any firing; I am certain I snw Hanway ; it was near thc orchard that I saw him ; I think he was rid¬ ing down towards the creek.
Question liy Mr. Brent—I vvant to understand this. You said you were going aflcr a pair of boots 1
Mr. Read interrupted thc witnosB, in an objec¬ tion to Uio question; he said it would be noihing hut a repeiiiion of tlie evidence in chief, which would not be fair for tho priaoner or justice.
Mr. Brent replied, Uiat thc gentleman's idea of unfairncaa suited only his view of thc case ; if after a cross examination, I am in douht aa to the precise points in thc witness' cvjdence.T have a perfect right to be satisfiEd in all doubtful points.
Mr. Read said that hc had great respect for the gentleman from Maryland, who had beon sent here, by Uiat Stato, to try Uieso causes for lhe U, Statfts.
Mc. Read waa hero interrupted by Mr. Brent, who stated that the gentleman had made uao of "¦^r-Tr:-'!::'' wh'rh wern vltTlv irrni^vrin* f" the
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u^ tj-day, we"- i^hp'\ 'vhen ordy twc anawered ¦ :•: U.cir nunicH—George G. L.*ii-Lir, and .Franklin ¦ { VsnEant,    Thc-y wcro porDuled to !ea.T ¦'iiilir i v.'undny nert. 1      1 *po billa wcfc- tiimti'RO  'his rioii.inL': one
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battle ; and I was going to (ake*iip potatoes; Mr. Lewis came along and told me that kidnappers were over at Parker's; it was aftt-r sun up; he told me it was no time to take up potatoea now, when William Parker's house was oU surrounded by kidnappers; I went over there with him; the first I 0aw was tho Marshal and Mr. Hanway, standing togeiher near tho mouth ofthe road; I did not pass close to them ; I did not hear any thing pass between lhem; I heard the noise of Uie guns and saw tho smoke; when the firing took place, it kind of scared me; and I ran away towards the barn ; tbo Marshal anJ Hanway were standing near tho abort lane; I got into the corn fields and came out in the road by the woods; I went atraight over to Jacob Moore's, where I got my washing done ; that is all I know about it.    No cross examination.
Dickison Goraucli, rccilled—(A coal was here presented Uie witness) That ii* the coat which my father wore on the occasion; and that is the hat (which was also handed to him) worn by Dr. Pearce. The vest which the witness wore was also shown to the jury. The holo through the hat, which was made by a ball fired from Park or*a window, waa shown thejury. One of the preceding witnesses, it witl be recollected, testi¬ fied that Ule ball passed through Dr. Pearce's hat —injuring the scalp a Utile,
Mr. George L. Ashmead infiirmed tho Courl that the teeiiraony on purl of the U. States had now closed,
John M. Read snid—That as one of his col¬ leagues wos absent at Washinglon, (Thaddeus Stevens,) and oa Ihey had to rely upon the notes of tho Phonographers, which would not be ready until tliis evening, he proposed that Mr. Cuyler should nol commence lhe opening for the defence until this morning.
Judge Grier replied that the only objeciion he had to tiic propueition was, that thc jury empan¬ nelled might suppose that he was about to he too liberal at the expense of their time. This was the only thing that caused him to hesitate, as hy thc employment of Ponographers to lake the teatimony, they had already gained two day's timo. It Was so great an advantage that hc had made up in his mind never again to take notes of a cause on trial.
Mr. Cuyler said that they would only lose three-quarters of an hour's lime by lhe adjourn¬ ment, and this would more than be made up by enabling him to condenso his remarks.
The Court granted the request and adjourned to meet thia morning at 10 o'clock. Judge Grier, however, said something ftbout silling un¬ Ul 11 o'clock at night.
SEVENTH DAY. OPENING ADDRESS OF MR. CUYLER. The case of Hanway was resumed this morning. The icslimony for the Uniied Siatea closed on Monday afternoon. A much larger number of ladies were in attendence than on any previous day, and plain bonnets were plenti¬ ful, Tho Court Room was again thronged witli Bpectators. and the seata were all filled long before the opening of thc Court.
"The Hon. James Cooper and the Hon. Thad¬ deus Stevens were absent yeaierday, but were presnnl to-dny.
John Richardson, Presideni of the Bank of Nonh America, who was c.Yciiscd aa a juror un¬ lil Wednesday, presenled himself, and asked to be excused altogether, or ai leasi on discount dayg, (.Monday ond Thursday.)
Judge Grier excused him nntil Tuesday next. J. M. Reed asked the Court for u habeas cor pus, to  bring up  ihe body of Elijah Lewis, as lhe defence wanted him m Conri. The Court ordered the writ to issue. J. Coo|)er said—The  prosecution   hod  over¬ looked n small maiter yesterday, niid llicy wuuld like a few miuutes to call a woman to  lealify to I hc fact of Edward Gorsuch having a large qunn- tily of money on his persoti at  ihe  time   ofhis death.
Mr. Stevens objected to it. Judge Grier said—The fact of a robbery hav¬ ing beou commitled coald noi  tiffed the priwuii- er in a trial for ireason.
Mr. Cuyler then commenced bis opening speech to ihc jury. It is elorincnt and im^verful, and displays great research. It does credit to his head and heart, and will be read with inier¬ esi wherever the English language is spoken or understood.
May it please the Court—Gentlemen of the Jury :—I congratulate you, gonUemen of lhe Jury, thai we have reached one of ihose laud- marks in the progress of this cause, which as- Eiitres us Ihal its end cannot be far distant. Thc Government has closed its case. What it could prove to austain this grave charge against ihc prisoner at the bnr, it has proven, and if Uie ev¬ idence has affected your minds as ithas mine, you havc listened wilh painful surprise thai o charge so grave haa been founded upon evidence so weak. You have wondered, as you listened, that this man baa been taken, upnn auch evi¬ dence, from his quici home, with all its endear- menls. and compelled to spend so many snd nnd weary hours in thc loneliness of his cell, await¬ ing an uncertain future, and a trial npon an al¬ most unheard-of charge, to bc supported by ev¬ idence the naiurc of which hc scarcelj knew.
It will be my duty, genilcn-.eii, before I set down, to review some porlions of the testimony offered by the t.iovernmcnt, and to point out to you its total inadetjuacy lo sustain the chnrge of high ircnson. To open lu yon the prisoner'a de¬ fence, and to explain to ynu those processes, bolh of law nnd of fact, whicii when passed up¬ on .by your judgments, will, he c&niidentially hopes, mstire his acquittal.
This, gentlemen, is no ordinary prosecution; it presents no ordinary features. Apart from lhe interest ii derives from tiic fnci that it in¬ volves hotll the guod name and tho life of ilio prisoner ai the bar. Apart from thc fact, ihat public interest nnd public feeling arc so deeply enlisted ; and thai so many watchful eyes arc on us to-day.
Thc Slate of I\Iarylnnd is here to-day. In thc person ol her Attorney General, an<l his coadjutors—a jirivatc prosecutor in a criminnl cause. Far be ii from me-io say, that tlie thir.-its lor thc blood of this man ; and yoi I havc seen events occt:r in lhe trial of this case, which might aitnosi justify this remark.
It has ever been tho nicrciful doctrine of the law, thai thesworn oflicer of liic law, its public prosecutor, was not justified in exhibiting tlie partizan zea! of" privaie counsel, in pressi-.ig for a conviction. His duty waa to aid lhe Conri in doing justice, lo seek the disclosure of ihci whole truth, whetlier il make for or against the Comnionwealih ; in shorl, lo seek mercy, rxc'- sacrifice ; justice, nui a conviction, flow has it been in this cause I
Mr. Ashmead, ihe proper officer of the Gov¬ ernment—who bring."! in every public nnd every professional duty—as we of ihe Philadelpllia Bar well know—at once the highest profcssi.m al skill, nnd the most nimbly frankness and can¬ dor is in thc hack-grnund. Our friend,-) from the Stale of Maryland-—fjr whom no geullemnn ontcriams a higher respect than I do—arc in the fliregroiitid. Maryland distrusts tho justice of Pennsylvania—she distrusts ihc faithfulness to thcir solemn duty of the Officers of the General Government. Shc is here to-day. in her own Counsel, in what she regarda as her uwn case. As 0 natural resull, we have witnessed pre¬ cisely whol experience t.iughl us wc niight e.\- pect. This cause, involving the momentous is¬ sues of life and death, lias beeu tried as if it were a private cause. In a panel of nineiy-iwo aiiending jurors, >hc prisoner, cntitltid to Uiiriy- four challenges, challenged twenty-fimr—while UlC Governmeni (exercising a right by the most recent case denied tn a public prosecution in England,) set aside thirty-six jurors. In the conduct of the cause, the zeal of private coun¬ sel has been exhibited, nnd diecharged witnesses have been recalled, and cross-examined wit¬ nesses havR been re-examined in chief—tiie opinions and impiessions of witnesses Iiave becn asked for and pui in proof as fact. And yester¬ day, it was ofl'ered and received in proof to of feet lbe prisoner, thai by the lying lips of Hen¬ ry H. Klinc, lhe prisoner and his t'ellow-prison- er, Elijah Lewis, were charged in ihe vile pro¬ fanity of thai miserablo creaiure, with what Kline new, and this prosecution admits, waa a lic; nnd his silence (Lewis denying the asser¬ tion) is lobe loriured ina lacii admission of thetruth of ihal which thc prosecution itself ailmitsisa false charge. Sir, I takc back my word. Thc Stale of Maryland doos thirst for hlood. or elae this cause, inadmissible even in n Quarter Sessions practice, would nol have becn tried.
We mention these things not reproarlifully of the Court. From them, at all Umes, it is my pleasure to admit wo hove received ihe most impartial justice, tempered with the truest kindness. It has been ao because wc have per¬ mitted it lo be FO. We have permitted it lo be 80 because wo knew well thc perfect innocence of our client. We had nothing to conceal—bul sought only the fullest exposure of thc truth— antl nbove all, and beyond all, wa knew ihe strength of our own c luse, and wc were resolv¬ ed, here, in this Court to prove this lo he lhe most obsurd and groundless prosecution ever in- Btiiuicd in this orany other Courtof Justice I Strong languago, genUemen ! Bear with me un¬ til I close my case, and so as I sustain these words, deal with my cheni.
And here, gentlemen, I have a word to say for my colleaguesnnd for myself, lest we should be misundersiood—whieh I will nol forbear to say—aiihough upon a lopic not spoken of usu¬ ally in couris, for I am   invited to   it by tho   rc-
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exci.mg lho lopic, I have fell free, sir, "> "IjuJe  n?insl lhe. Oniled Slates.     Do lhe faci, of lhe j ,i,era were'8i.t or aevon in lhe houao and aomo 10 ihiB subjecl, because 1  could .nol bul feel  as  case snalaln the charge ! oulaidn wLn I u-pnt Hnwii slnirs wiih a liirhi-  f
lho learned gentleman spoke  that li.s remarks ^     Sir-Did youhaar t. t [Thn  three harmless, | ™:,"'P''X,J ^f'Sioodon Jhe  floor; lhL''''ne.xl
implied ot leasl thai we, of our side, were here,; non-resisting    Quakers,   ond   eight-and-thiriy perhaps, lo advocate, certainly to defend  acts hostile to the Union.
Mny it pleose the Court, I nm here, and my colleagues nre here, fiir no sucii purpos*;; but when we remember the strange and unusual fact that, in this prosecution lhe Stnte of Maryland 13 here, by two genllemen, ifor whom persorial- ly we desire to express the truest respect,) im¬ plying, by their presence, distrust of ihe proper officers of the General Government and dis¬ trust of the justice of Pennsylvania, we (eel, gentlemen, and we believe you will feel as Peiin- sylvaniana, that the remarks of the learned gen¬ tlemen were not lightly spoken, and that our frienda of the other si:le, designed, however un iusily, to impute to Pennsylvania lack ol ii.fi- delily to her Consiiimionnl obligations. I bng your honors' purdon tbr this di--gression, and I will pass at once to the merits of tny case.
Fidelity to her Constitutional obli^ations I— Sir, as 0 Pennsylvanian, I.say Uic ch.-Trse nf ibe learned gentlemen wns unjust. The hisiory of her legislation on tliis subject will vintlicnte her good faidi. I will nol advert to her legislation prior to I82f;, for lhe learned gentlemen did not complain of it; but I commence with the act of \S26. Sir, it w-ispneacd by our Legitilnturc at the request of Maryland. ! read from the j'Mtr- nals of the Ilouse of Representatives, {Mr, Cuyler here rend a lengthcned^extrnct, showing ihai Mr. Giddshurough and otlicrs apncnred as Commissioners from ihe Stale of Alaryland. and were invited to seata un the Iluor. .\lso, further extracts relative to this bill, and Uie ngency of these gentlemen in its passage.) I read further, .'^ir, ihai one inlclligciu member ot the Huuse, Mr, Hobart, proieaied, and the grounds of hit prolcsl arc those ndopted by the Supremfi Court of ihc Uniied Stales in tiie Com va. Prigg. (Mr. Cuyler here read Uic protest.)
This, [hen, was thc much nhiiscd act of 1826, and it was thc act passed ai the request of i\Ia- ryland herself This wns succeeded by thc de¬ cision in Com. vs. Prigg, reported in Hi Peters, pronouncing the act of IHJi; uncon.«iitutionai, null and void, and declaring that State legi^ln- lion on the subject wns needles? aud uncnlled for. In strict pursuance of that decision, the Legislalure pa.-ised ihe mucii slandered act oi 1847, and it pa.ssed unanimously. Strange that our Iriends coinjilaiu ul, and denounce it. It bears the approving signature of one of my learned opiionents, iMr. Cooper, who was nl that time Speaker of Uie House.
Merely as a part of ihc hisiory of our action, I refer,- in this connection, to the decision of Judge Coulter, in Caufiman vs. Oliver, 10 Bar, as fully sustaining our legislation.
It will appear, then. iTiai Pennsylvania was ever true to her plighted constimtionnl fuith. [ will not indulge in recriminations; but i can¬ not forbear to alhide to the statutes of .Mary¬ land, which consign to perpetual alavery .he free black citizen of a Northern State, who sets foot upon her soil, or to the bill, wliiL-h 1 per¬ ceive by the morning papers, Souih CaroUna is discussing, forbidding the use of her process in her couri.i lo cilizens of Northern Stales.
The defendunt, Castner Hanway, gentlemen of thejury, comes licre and ineirucis nie, us ilis counsel, to say, in the strongest and most unequivocil langunge, that he is, and wiirprove that iiR is, an innoceni man, most unjusily charged with this higii ofi'cnce.
Wc will submit to you, a jury of his country¬ men, his evidence, and will iheu ask. noi mere¬ ly a verdict of acquiital, but that, in thc lull convictions of ilis perfect innocence, yon will restore ftim to ihe home, .iml to the n/Iectronafc embraces of his wife, who, as yon have witness¬ ed, has so it|iiderly and truly clung :o him ns the partner of his sorrows, with a good nnme, ns unsullied as il was before ihia lirst impiit;ition was cast upon It.
The defend.mt. gentlemen, is no dishnnRSi outcast; he isan lioucst, peacelul. law abiding ciiizen, as free of participaiion in Uiis offence aa you who sil in the jury bux, or hia honor up on the bemrli, who, wiih yunrselvea, and, I doulu not, witii o'.ir friends on tlic otiicr ?ide, will rejoice if I Bhall be able to assure him, iliai lhe lielendani is indeed au innocent mnn.
The defend mt, gen'feme n, isnot iicre tlirougli his counsel lo defend those sad dc(-d.i which dis grnci^d lhe sweot and peaceful valley near Chris tiana on the Ilth of .St-ptember,]a.si, or by onr unltiud or reproachful won! to open again the yet fresh wounds of any member oi tliat family whicii suflered so deeply iherc. It is no pari of ili.s defence to defend those who look part in thnl conflict. Ilia defence is simply that he was in no way a party to tliese untragus; luii n.'. a prpcaulion 1 yinill pass beyond this line. .Tnd aild.id to tilis, will open to you. thnt hoMcver tinive nnd serious may be ami irt llie ofi'.'nce ol thoae who muk pari in tiiese omr.nge.';. yet il (lues not amounl tu the ulfuncc cimrged iu Uie indiciment.
Tiie defendant i.s a native of the Smte ol Del¬ aware, a slave .State, u'licre mi'uy of hie kiti dred aud many of hia friends sUll resiilo. Ai five years of ngc, he removed witli liia fatiier lo Clieaier couniy, Penn.'^ylvnnia. At"'cr living Uiore for several years, lie removed wiih hia father from this State, fur a short lime, to Mary¬ land, and tiien for a number uf years to une ol (hn Wcitern -Sfntes. About rlircc y.-irs nso, he roiurned to Chester cnuniy, in ibis ffiatc, and last apring. having been married a few'months hefore, he cslaliiisiied himself in t'Usinrs?, whicli is that ol a niiller, in (.Ciiestcr \';illny, iu Lan¬ caster rounty, clo?c to lhe scone of this uuirasc Ynu wili lliu.'; observe that lie i.-* nlmost a stran¬ ger in this, his now place uf nliodc; nnd yet there, as edscwhere, we siiall show you lie iias suslained with till—and I had aitnosi said, abuve all—a gond mime in all respect.';, and most ofnll for peareliiliie::s. miictm-ss and suliniisi.Ion lo the laws.
To undersinnd iliis case, gcnth-nirn. ii Is nec- cssttry thai you ahould know somclliiug uf ihe geography of the country wiiere these iivent.-; took place. Parker's house, tiie scene of wliat 1 cill lho riul, i-s situated in Ch'.^irr Valley a sweet nnd lovely epof. Tlie valley is at liiis point altout nne mile in width, nnd united on cith¬ er side by Ilills, at wliose bascH wiiul tilong thc main road.
These two roads arc connecled by n private lane abuut nne mile in length. Pnrker'.'* houec i.s in the v.'ilb'y, ne.Tr to one of ii.-^- .'^idcs. h i,-^ iippronciied iiy a short lane leading off iVl-ih iIip inng lane, and aboui furiy feei Ir.mi tbe en;rance uf tiie t<iio?l into llie long lane—biirs are placed acroy.'; the shorl lane.
This sweet valley wns the abode of pence and contcniineni until the evenis which I nm about ru detail, tool; place.
On the borders of Lanca.'iier cmnty there rc- Sidis a baud of mi-creauis, wlin nre well known to tin; Iowa and known lu the reeonl.-; of Uie petiiientiaiy of ifiia .State. Tiiey are pr.if.'Sr^i.ni- al kidnappers. Not kidnnppers iu the sensr spokenoflty the learned .Indue yi'slt'rdriy—luu kidnapper? in 'ho Icgnl .'^nise ol the t.Ttii — 'flieee men bv a serious of hlwl^^s and dinhuli- cal outrage.^, linve invaded tbe p'-ace ul Uie val¬ ley—brgt;tling dread in every iioii^ehuld. nnd a general senpenf insrcuriiy in every iiou>e, Ii will bc in evidence that in the montli uf .Scp- cmbcr. ISdO, Uiesc   men entered   tiie   iionse
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flenry WIi|inm.«, nnd at his very fireside seized and carried imo perpetual slavery, without riglit and witiiout process of iaw uf nny kind, nn in¬ nocent iiired man in his t-mploy.
Siiorily afterwards, in tiie momii of .March last, these law]cs= sroundrels cnirred as armed ruinans, the house of .Mr. Cliainbrrinin. ntul ai'¬ ter posting scniincis ahout ilie iiouse in tlu: very presence nf members uf llie terrified tamily bent tu liic eanb one ot hi? servanis ami cnrried him awny. The Iamily ir.iced lliMti ly th*^ fresh blood ol tiieir victim, to a puini in ihc rt|f;e of lhe woods, where thc fresh Irncc of wn^on wlieela showed ibc course Uicy had taken — Neiiiier of these men were ever returned. I migiit deinii o:her and kindred onirnges, but ii will lie enough fiir me to sav—ihai tbo effect hns been to produce everywhere through fhi,c till then peaceliii valley, a ceneral nnd deep sense of inscciiriiy. In eon.sequence of tliese occurrences, the binrks exercising but a fair and nntural right, arin'ed ihenisclves, and to some exteiu organized purely lur their own proiectinn.
Yet there wore good meu nnd true in tbi valiey, wlio nobly exerted themselves tn sootlii thcjiisily excited feelings of tbc people ; tind among Ibcm, most promineni, was Elijah Lewis. Tu-d:iy this man is an inmnic ofa prison, clinrg- ed with high treason, to be tried for hi.s lil nnd yet he isan innocent man ; as Iree uf Eiilit ns you wiio sit in the jury bux.nr his Honor upun ilie bencii, 1 coiiie libw, gentlemen, t tiio occurrences of llth of Septemlier lasi. On the morning of ibnt day. ahuiii sunrise, it will bein proof toyou. Elijah Lewis was informed by a witnees, wlin will bo placed on Uie stnnd, there were " kJdnappers at Porker's hoii.-e;" and started at once, as y.m or 1 would hnve done, upcn iho receipt of such a noii.-e- H.- a.s be paseed, gave the informntion 10 Cnsiuer Hanway.
Hanway mounted his horsc. and rod" over, and at lhe bars met Lewis, wiiu hnd 'aken n nonrcr route across the ficiils. As they nrrived Mine nut them, nnd staling that iic was .llnrslial re¬ quired their .lid ; Lewis a.sked to sec his author¬ ity, and Kline produced lhe writs; nicanwliilo lhe blacks wore gathering fast, and Ilanway. pointing out (he fact, warned ihe Marshal ol the danger of attcmpiiit?. "n''';'".s"f^h circum¬ stances, an arrest, and advised hini to retire.— At Uic same time, and before any tiring, tbey re¬ tired, , _
And passing out ot the siiort lane, Lewia fol¬ lowed by ICliiie turned up towards the woods, while Ilanwjij' rode down the l_ong lane loivnrd.s liio creek. Before lhe firing Ivline had reached U- w..uid!?, r-iid wi.5 iburefor-!, a^ 11 v,i:lbn pmv- ;.'.. .'-wat fiom the !,;-.>i tiijil fri.i.i ;:i,t s-iL'r.es S:c , ¦ . ji.TpIi-iy'iif c--£...-iu('d in -ti'. le^iimonv 11 tli- ; ¦¦¦:«! xhe. :'"' ...; rr-.k "^Mce. Y^B, g'Ml'.ienieu '.Vh ' ¦¦'-.¦    ¦'    /:,.i   I.e  WD.;   ;,.^...j._  ,1,,-,    Ijp ,...   ^.
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with cnrn-cutiers, clubs, and afewmuskeis, and bended by n miller, in a lelt hat. without a coat, without arms, and mounted on a gorrel nag, le¬ vied war against the United Siatea T
Blessed be God thai our Union has  survived the shock.
Sir—It is for a charge nf High Treason, based upon auch levying of war, that we are hero 10- day. Il wae lor this that tho State of Mary¬ land forsook her high position and entered this Court as a private prosecuior—thirsiing for blood—the blood of thia obscure and humble man. Ii was for this, ihui a grave Senaior for sook his accusiomed paths, and is Iiere lo-day. asking fbr blood—the bl**od of ono of hia con¬ stituents. It was for this, tho Recorder ol the City of Philadelphia, aelf-perauaclcd that hicb taleni and grcal inoral weight were needed to sustain such a persecution—btg pardon—prose inion—volunteered his services. Out sir, lhe subject ia loo grave for irony,' sirange iliougii it may bo, and absurd ihough it seema to me—yet 10 this man il may be (iealli. Uui I could not forbear lo say—thai a charge founded upon a proposition so absurd—thai lo slote it, wna to ret'uic it—could nol bm shock the common sense of all lhe people, Ayo! V'uir commuu sense. genUemen of the jury.— Be guided by your common sense. You were not a.sked lo lay thai a side wiicn ynu entered tile "jury bo.T, or to subalitute Ibr it faniica, theories, or Uie spcculaiions of ingenious coun¬ ael.
Indeed, h.td I the lime lo trace down '\n the State trials Uie decisions upon these words, I could easily show, that fiom time to ihey have received by English rulings a narrower and alill more narrow meaning; but I venture boldly tu afiirm that in no period of English law for the lasl two hundred years, have events such ns havo been detailed here in evidence been held to be high treason, except when the law was pronounced through lhe polluted lips of a Seroggs or a JefiVies. May il please your hon¬ ors, 1 can tind somewhere in the English State trials, precedents—alaa, too many precedents— 10 prove that there is no principle of constitu¬ tional hiierfy which we hold sacred that is not tiaptiscd wiiii tho mariyr biood of some one wbom we revere for liis noble patriolism, and yet who perislied on the acaffold—convicted of bigii treason for his defence of ihal high princi¬ ple. IJui if I am to come 10 more recent times, I say both Briiish and Ainericai' low will show that a charge of high treason ca.moi Jie sustain¬ ed upon these grounds, and that no where have theae words, " levying war," received a con¬ struction which will sustain this indiciment.
I reiurn, sir nearer to the point of my case,— Treason ngainat thc United States, we are told in liic Constitution, shall consist only in levying war iig'iinsi thc United States, a.id giving aid and comfort to (heir enemies.
To me, lhia languaee seems to be what it ought ID be—plain and unequivocal. Left to its imtuial meaning, it addresses itaelf, aa it ought to do, to the easy comprehension of every man. It ia pan ofour consiituUon. An Insiruinem whicii is designed lo govern all ihc people, ehould receive no strange, Innciful or unnatural con- atruciion, contrary to the eimple comprehension of tbc gre.ii mass of ihose w]m arc governed by ii.
It will scarcely be contended that ihe natural incnning of these words will su-iain iliis indicl¬ menl.
To escnpe the difficulty, we are toid tliey are words bcrruwcd from thc English statute, '25, Kdward HI ; nmi have afii.'ccd to thetn in Eng¬ li.-h law. hy a l.mg tcries of time honored de- cisionis. a certain lixed nnd well known legd nienning.
I shah have occasion, eir, presently, to call vour aueniion to several of the most recent Englisli rulingfi uponthe meaning rf ilieee words ^iiffd the-'-e wili scarcely bc found lo austain earlier rulings In English Courts,
Mr. Cuyler here cited a number of auihori- tii-s from Howell's Stale iriais, and among ntlir-rs, Lord George Gordon's case, remarking. Umt lhe law as there laid down, was a noble exhibition of tlic itiiegrjiy of Lord Mansfield, wliose charge, evidently suiitid in law, wna de¬ livered, while smarting willi the recollection of the destruction liy tiie mob of ills own noble mansion, wiUi Iua private papers, and other nl most invaluable coiiients. He also referred to Wimrton's State triala. paces -160, .''94, 5S9, .'igu ntid'G24. He lurther cited from liowell's State trials, vol. ^:i. pnge 'J2l, Thistlewood's case.— He also rend largely from the reports of the Ignited .Stales ligainst Ho.xey, 1 Paine, 2GJ. and CQUclmli'd hy .-inlying—ihis, gentlemen uf tJie jury, id the case 1 open lo you. Iia ajipeal 13 to yonr common sense ami your reason, as well as your eoiisclence and your oailis as jurors.
In tliic appeal I shall not be mistaken. Say y your verdici, tinu thia man is innocent, and restore bim lo bia iir.me and iiia family, from which he never i-lmuld havc been separated, and y word tor it, tiie memory of your verdict will bc 10 you always a sweei and cherished recollec- lion.
lAIay it please Uie Court, I will proceed to cnll witnesses fur Uie defence, TflK WITNESSES FOR TIH''. DEFEXCK.
'I'ii.iiii'is I'ciiiiinijton, a/firnied—Mr. .Sicvens nsked him tu state any fact wliicii he knew ol the carrying nwny of any ncgrora nt night bv kidnnppiijg tiicm from liio neiglil)orlioud o'l Christiana,
ni.jecicd to by Mr. Cooper.
District All >rn^y Aslimend staled that Uiis qurstion was roKaternI tu tlie i5sue, tt wns an attetnpt to show tiiai nine months beforo. some persuns had commiiied nn illegal act. It will not he proif-iuicd tlmt ilic people who wvixl (u nrr.'st Mr. Cur.-iich'a slave went there illognlty,
Jiid^M' (Jrier—It would hove becn al! right 'to object if lilt; defendant iiad bren indicted tor re- .'-iistiiig the oflicers ; but he i,s here on a ciiurce of trenlou, wiiicli required a combimtiion. Tiie rillempl was iiere 10 show ihat an nsioi-Iation iiad tnk'.-n pl.TC/; h.ng befure lu fesisl the illegal acts ttf kldnapplnir.
Thc rnited Sintes could jirove tiie defen- tant's eonneclion witii any asruciatlon to resist llie i.lw^u^tile United Sin;..-, and iIic otiicr side may sliuw that liie combination took place to re¬ sist .some oilier acts ngninst their rifilits. The M.iwing of horns will [ic argued by ihc United Slates to sliow precuncert ot action. Now can't tiio defence allow ihat Uie horna were iilown tor some otiier purpose f
Judgo Kane said lie differed a liitle from Judge Grier, but it pruiiahly amoumed to tlie .-^ame tiling. Tiic iegilimato i]ueslion, he tiioughl, uiight be. was there sucli a feelinc [ler- vnding the communiiy in tliat neigiii.urliood, a> 10 iiitliicc tiiem tu i-uuiliine lo resir't the laws ol llie Unite.] .Sl.iies i
Mr. Hicveiis—'i'hc criinc of irenson consists ill tiie act ii.7iiir and ilie reason tor duing it. -An act might l.e durn.' wliich linil tlic ingredients nt inn^.in in it. but if liu; rcn.-utie fir liic commi: si.tji ol puch ni-ts were legal in liicmsclves. w.uild nol be treason, .'^ouie few mattorB had been givi-n by tlie pro.sccuiiun, .^uch as blowiu; ;i Imrn al breakl'ast. iVc, to susiain th'eir case.
When we desire to sliow ibnt the comhinaiion liad tnkrn plnee 10 repel confessed kidnappers wim luikcd abou', thai neighborhood, and who make a business oi stealing and dealing in hu¬ man flesh, we certninly eau do ao. We want (o ehiiu- that a whole neighl'orhoud were ready to resist an attack bii.:h as liad becnbefi-re made nponthem. We >hall show in time thai thc acts of defendant wliile on thc ground weri Iionorable, humane nnd nohle.
J. .M, Read said, thcy proposed 10 becin with¬ in ;i year, and show a distiiici state of facts oc- cirrliig iri this valley, wh cii created a feeling ot insecurity in the mind ofevery white man. a; well as bla.-k mnn, nnd thm. under this feeling, these men had aright 10 go there and see thnt the persona about to be arrested were aliened fugiiives, aud that the officers ImJ Uie legal pro¬ cess for so doing.
Wc desire to show, npon the .jur^lioii of in tention thnt ibe dttciidiint wciu lo Uie plact merely lo sec ilini the Inw was nropi-rly execut- e-!. The coin)iinniinn did not e.viend beyond :radsbury townpiiip, where ontrnges imd previ ously been commitled upon tiie rigl'ia of its cit izens. a tew niontii.s previously, 'fhe Iionse o the son-in-lnw of tlic witness on the stand was invaded, nnd its inmniea knocked down, and a ci-ircd freeni.nu abducted. On ihc defendant g.dnrr uver nnd Iinding llic ofiicera Iiad legal pro ccss^ lie tiid nol intorlcre.
Mr.  Aslimcati eaid—that Ida colleague, Mr Coupir. wiiiUd discuss tho relevancy ol  thc les- limuiiv  ofii^red  lo the Court, as  'he  poinc   iic {die IJisirict Altorney) had taken, had been ovc ruled.
James Cooper-Uiought lhe autliority cited liy hia colleague, did not settle the fiueslion of Mine. Lord Holl said thai anv net, ihe conspir aey ot which began at any time, the net could be given in evidence, wiiere it was connected with lhe cnsc on trial.
Hut here was nn act committed nine monihs ago, by third parties, and he cuuld nut see its relevancy here. In Prliig's defialun, a masier would be competent to carrv off his slave, when fonnd, and would not be reliable !or a breach of liu- peace.
Judge Grier—N'ui wliether you had a right 10 stale lbc gcnernl proposilioii. The Uniied States hoa a rigtic i-i argue a certain inieiiiioii-— Tiiey have siiuwu thnt one negro man followed down, and ihey might argue that he gave i;itor- iiiation, and tlmt the whole neigiiborhuLid iiad nrmed to resiat the law.
I think it will be proper for tills ilefetidam to show thai the. whole neighburliood liad armed to rcsint what they supposed to he-n danger from
ground lo a placo in lhe      	
thoughi a carriage had been stnnding, into whirii Ihey mighl hnve put him; I knew ono of the men; the one with the club nnd alung shot; his name was Perry Marah.
Crosa-examinod—I knew the black man had hved with my son-in-law, Mr. Chamberlain, aboul 18 months; he wenl away oncc on account of the danger which aurreunded the blucks in lhe place; T don't know wheihor he wns a freeman or a slave; had heard it eaid thai he had come fi'om Maryland; I did nnt know wheiher he was a runaway; I don't know whu lhe perfions were who came afier him; tlicy said noihing to me; I did not speak to them; lho ne¬ gro went by the namo of Johnatmy son in-law"s Iiousc ; ihey osked for him by anotiier nnmi; ; I had not heard before that he hnd nny otln-r name; that occurred in January, IS-'il, I don't recollect lbc day of the monlh; 1 never iicard him apoken of as a fugitive slave ; lie left my pon-iu-law'a for three weeks; the reason I un¬ derstood was liccause he and otiiers became alarmed, because ihcy hcnrd thai a negro had been kidnapped in ihe neigliborlioud; f don't know iiow irue the report was.
Queetion by Mr. Brenl—I wns not preaenl when he firal came lo my eon-in-taw's; I did not heir ihe bargain between lhem; several col¬ ored persons went aw.iy with "John"—the nnme was not general—I can't oay mnch in re¬ gard lo the violence ofthe struggle, becauae the wiiile i;:en were beiween me ond him; In* siruggled when ihcy tried to hold him and tie him, when Utey went away they broke a diaii in piecea ; when the two men came there, tliey told my boy thnt liicy wanted to buy my sun-in- ' law's chickens; Uie oilier men did not w.iit f.ir mc lo anssvcr tliem, tml wnlked siraighi in,
Henry Rhay, sworn—Aboul 8 o'clock on a Monday evening in January, I overtook a com¬ pany at tiic end of Chamiiorialn's lane ; tiiey said to ine, " say no.liing ;" onc of llicm had a pislolln bis hantl; I said I will say what I |iicasc, you are afier no good business; one ol them .saitL ihoy were going over to Mnr.=;h Chamber¬ lain's to take n black, mau ; the man who bnd the weapon in bis hnnd, and who told mc lo anv nothing, wa.s Perry Marsh ; I knew nnother one named Willinm Bear ; he lived about 3 miles from the Gap lavean In Lancaster county, in Paradise, adjoining Strashurg.
Cross-e.xamined by Mr. Brent—This was about two miles Irom Parker'a ; I am nnt cer¬ tain whether it was a pistol which hc hnd in bia hnnd ; for it wns dark ; I never knew the co'ur- ed man wliom they were going after; there were five or aix of them together in the rond ; nil I knew resided in Pennsylvania; I could not ftll where thc othera come from ; I have resided in thai neighborhood ever since I have known nny¬ thing at all; I know nothing about the br.tile.
Quesiion—Do you know of any meeiing iiav¬ ing been held in lhe neigliborhood, in reiaiion to thc fugitive slave law?
Mr. Stcens objected to the question, on llu^ ground that it waa a matter for exnmination in chi c-f.
Judge Grier sustained ibe objeciion. Tiic que.siion was therefore overruled.
Question hy George L. Asiimead—Bear re¬ sided on the Strasburg road, whicli ia wcai from the Gap tavern.
Rachel A. Chamberlain, afiirmed—I am the wife of .Marsh Chamberlain.
Question by Mr. Stevens—Pleaso fo givo mc nn nccnunt of lhe laking awny of tiie colored man frtmi your !iou?e, in January last.
Answer—I reside in Lancaster county, Sada- luiry township ;-a set of men entered our houae. seized the colored man, knocked liim down, and iieat and bruiecd iiim in a most shameful manner ; I w.i.s up siairs at ihe lime; I eaw ihis through a stave pipe hole.
Cross-examined by Mr. Cooper—There wn.i a lii;iit in tiie room; Idid not see nny iilowa siruck ; I am sure ihat ; I saw a pistol ; I don't knuw in whose hands it waa.
.Miller Pennington, sworn, (a while boy;—In January last G or 8 mcu came to my si.-ter',-'- iiuuse after the colored man ; two men came lu lbc door and knocked ; I eaw twoouisido on the niirib side (;f Uie liouse ; tiie otiiers cnme In un the soutll side. Thia witnese only corrubotntcd the evidence of Rachel A- Chamberlain.
-Mr. Steven? snid be would not puraue the kld- ti.ipi'ing :ii)y furtlicr.
Elijnli Lewis, called—The counsel uaked th.n lhe cxaniiiiniiun ol Una witness be delayed until be return of Mr. J. W. .\shnicad, who wns ob-
real   kidnappers, who were,   known   to   livo
.Mr. Breni said, in the abaence of Mr, Ash¬ mead he e.mid state Unit the witness wns one ol hc tieieiidnnts, now in eiistody, flnd ihat lie had le.n intfirmed, in nddition, that Uiere was an¬ otiier bill againsi the witness and Caatner [lan-
ly. cbnrgini: theni jolnily ivitb ireason.
Mr. Breni coniiuued—(.Mr. J, W. Ashmead nd appearing.) lie objected lo ihe witneaa (.11 llie gruund thai the witness is inieresttd in th'- cnse as a party charged. I hold in my iinnd an iniiictinoni wbere Castner Hnnwav, Elijaii Lew¬ is aid Joseph Scarlet are charged witii levy- ini;- ¦^^¦ar againsi lhe Uniied Sinics, Tbc poinr" I subniti is ihis—Unit if ihe defendant should be ncqulticd iiy lhe evidence of Lewi?, Ii wiil al^i. rqiiil I.,cwis uf both the clmrgrs again-^l bim ir trens.m. rfiiihniif, therefore, to vmir hu/n'r-. lii'it Elijnli Lewis is a pany to the record. '!'!::- gen:leman cited sevenil authorilies lo ¦¦¦iipp-TT pn.=ition psiinicd. I hold that be ), wj, ;;;. CMiipeteiil witness on tlio ground stated. 1 ii.il.i, nUu. Uiat if, as in a case of ctinspiraey, .-V li .-u'-i C are elinrged jointly. B nnd C canii.-t i<--i;\- in bciialf oi A.
Judge Grier—Suppo.-c,Mr. Oreni. ii lo-> i.i- a are ciinrgeil joiinly with trenEon. ctitild 11..r i!.,- jury sny lbat fiieli arv guilty, and .'^iieb ,'u<- 1.-, guilty I
.¦\gniii—If one of tiie parties chnrge.i  sli.-.rM acquitted, can be nut bc produced asav.-n-
:-.s ill belialf of others charged v.'ilii the saui-- olfence ? I mnke the iterrogalories nicreiy t.. test yuur arguments againsi lho ndmis^ioc nl Lewis' evidence,
Mr. Ileatl was aboui to spenk, whrn ,'11^:.. Grier snid, if you can find n piecedont fcr iin- rijpclioii of tilis wlinoss, I am not aware ol 1' ; w.xit ever such a tiling heard of in ilic Iii-i.iry .11 trials /
-Mr. Cooper enid that perhap'i he could throw
me hght on the subject by rending n parai-raph trum .Mc.\alieynn Evidence. (He accordin;^lv n nd to the Conn.)
Mr,Brent said,that he had onooiherauUinriiv to rend.    Iiwns a deciaion uf Lord Ellcnburoimir.-^,
-Mr, Rend   snid, that ilie   authoriiv   cited was
Id not tu be law.
."\Ir. J, W, Aslinicad citetl a cnse orcon,spiia.-y .¦\siiine.q.rs   Rcpor:s,  witii   Uic  dci-ir^iun  u'f .Iiidiie Ivinir-
Ju-ige Grier ?.ii.l. ibot be ibniji:bt the gonilr- mcii had tiot brough- any evidenco to siipp.irt the r iiosition. The evidence g.jcs to t!ic creili. Mli'v ul the witness.
Eiijnh Lewis nlnrmed-On ihe ini-.iuiii:: ..i tile Ilih tit September, abuui sunrise or n liti'i- b^for^, when Isaiah Chirkaan t.-ld in-- Uinr kid¬ nappers Were nt Parker's, ond th:a I b.id bc:!'.-j IT" down to see that justice wn> done. I went to llnnway's bouse; be gnt his hortc juk! wc,;: a!on2 v.-jrli me ; I being on foul. I weiu n.T.is-t the lields: he touk the ro.id, nntl in cnuiini: ii:r.i tiie buie. he e.mie from tim soutii, ami I t.iv.-nnl- the nonh ; he was tiierc a Ittiic l)(.-f.)re tne ; I -¦•¦aw Kline comiug out ofthe short lane: he went up to Hnnwny and snid. " I nm the Mar- sliol ot lhe United States;" I saitl to Hanuay wlii-re is lus ainbortiy f He pulled oui a paper. wiiich 1 rould not read, because I hnd not mv spectacles ; I saw the nnme of Edward D. Iir.:- rahnni at lhe bottoni of it ; I then thuugh: he hnd nuthoriry : he wanted us to assist iiini; llnnway said, " I wili hnve noUiiiig lo do wi'b it."
'I'iien there cnme n number of negroc? wiiii L'lin? poiined ; Ilanway said, "dun't shoot for God's snke, don't shoot; ¦¦Kline said, timt h.- woul,I hold u.s rcj.punsil.le lor the si;ive.-j, and ^Tui tlmt hc wouhl ^o away ; lie called Jii.-i njeii ; Hanway went towards the norih, ami 1 wenr lownrda the v.-oods; I rnst mv eve li,i.-k. and .^nw Kline toUowiiiii Ihiinvny ; whrtiirr tliere w;is another per.-^un with biin or n.'t, I am rtoi sure ; t\» I got up by ilje fo:n (ichis, Uiere was a shoiiiing iiy tlte necnies; by ihi^ time Klino W.IS up bv the Woods ; he c;ii(ed ;u mo to stop, aud said, Uiat a innn had lieen ^hot; he pnssed Oil, and I los! ^iiilii of him ; t'roni my posiiion, I could benr the (-iiouting niid the firing.
Queeti.Ul iiy t^rcvens—Hanway did not cros:, tu speak to tiio negroes, except whai I told von h.' Enid : Hanway did not loll Kline thai hc'did not care I'.ir the Actof Congress or any oilier Inw ; ! did nut say so ; at lhe time of the firiiii; Kline did not get into the cornfield ; he did iio> go bnck to thc mouth of iho shorl Jane i'rum liic ids, nt the lime he was following me : I was on the fence alongeide ofthe rond; Hiunvav iimino weapons of nny kind wiien we sinruii from ilis Iiouse ; he hnd an old cunt /md an uld itut on ; llnnway and mv.ceif were not nrreaied ; we gnve ourselves up; we went ii> Ciiristiana !0 dl) so.
Cross-examined iiy Mr. t'onper—I did not know Uiere wns a warrant nut ; 1 was lold thai a warrant was prcparinc; I wns told ao nt my house by CJeo. \Vliits.in ; liiero was no firing on the ground wiien ! went; our olijeci in going then; wfle lu nscortain whether they had any nu- iJiuriiy th'^ri': we had no otlicr business ; some ¦if lite culored people bad arms in their hands • ! wna nhout 5(J0 or GOO yards from the house wjien I heard lhem ahouiing; wc did not retina th.-way wo came; Mr. Hanway and myself took diflerent directiona ; 1 did not go back .ind assist, when Kline asked mo, because I w-.m greaUy alarmed.
Question by George L. Ashmead—I know a
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