Early the next morning Morgan was arrested, and an extra stage engaged to take the party back. The driver, becoming uneasy as to the regularity of the proceedings, at first refused to start, but was persuaded to go as far as Stafford, where Ganson—whom the driver knew—said everything was all right and that he would assume all responsibility.
About sunset of the same day—Monday, September 11—they arrived at Canandaigua, and Morgan was at once examined by the justice; the evidence was held insufficient and the prisoner discharged.
The same complainant immediately produced a claim for two dollars which had been assigned to him. Morgan admitted the debt, confessed judgment, and pulled off his coat, offering it as security.
The constable refused to take the coat and took Morgan to jail.
Tuesday noon, September 12, a crowd of strangers appeared in Batavia, assembling at Donald's tavern. A constable went to Miller's office, arrested him, and took him to the tavern, where he was detained in a room for about two hours. He was then put in an open wagon with some men, all strangers to him. The constable mounted his horse and the party proceeded to Stafford. Arriving there Miller was conducted to the third story of the stone building beside the creek, and was there confined, guarded by five men.
About dusk the constable and the crowd took Miller to Le Roy, where he was taken before the justice who had issued the warrant, when all his prosecutors, together with constable and warrant, disappeared. As no one appeared against the prisoner, the justice told him he was at liberty to go.
From the docket of the justice it appeared that the warrant had been issued at the request of Daniel Johns, Miller's partner.
The leaders were indicted for riot, assault, and false imprisonment, tried, three found guilty and imprisoned. At the trial there was evidence to show that on the morning of the 12th a meeting was held in the third story of the stone building at Stafford, a leader selected, and plans arranged.
On the evening of Tuesday 12th a neighbor of Morgan's called at the Canandaigua jail and asked to see Morgan. The jailer was absent. His wife permitted the man to speak to Morgan, and the man said that he had come to pay the debt for which Morgan was committed and to take him home. Morgan was asked if he were willing to go; he answered that he was willing, but that it did not matter particularly that night, for he could just as well wait until morning; but the man said "No," that he would rather take him out that night, for he had run around all day for him and was very tired and wished to get home. The man offered to deposit with the jailer's wife five dollars as security for the payment of the debt and all costs, but she would not let Morgan out, saying that she did not know the man and that he was not the owner of the judgment.
The man went out and was gone a few minutes, and brought back a well-known resident of the village of Canandaigua and the owner of the judgment; these two men said that it was all right for the jailer's wife to accept two dollars, the amount of the judgment, and release Morgan. Taking the money, the woman opened the inside door of the prison, and Morgan was requested to get ready quickly and come out. He was soon ready, and walked out of the front door between the man who had called for him and another. The jailer's wife while fastening the inside prison-door heard a cry of murder near the outer door of the jail, and running to the door she saw Morgan struggling with the two men who had come for him. He continued to scream and cry in the most distressing manner, at the same time struggling with all his strength; his voice was suppressed by something that was put over his mouth, and a man following behind rapped loudly upon the well-curb with a stick; a carriage came up, Morgan was put in it by the two men with him, and the carriage drove off. It was a moonlight night, and the jailer's wife clearly saw all that transpired, and even remembered that the horses were gray. Neither the man who made the complaint nor the resident of Canandaigua who came to the jail and advised the jailer's wife that she could safely let Morgan go went with the carriage. They picked up Morgan's hat, which was lost in the struggle, and watched the carriage drive away.