A History of the Trial of Castner Hanway and Others, for Treason, at Philadelphia in November, 1851 / With an Introduction upon the History of the Slave Question

by Member of the Philadelphia bar

The 12th, James Cowden, Lancaster county, was called but not sworn at the time. The Court had determined to adjourn over till Friday, Thursday being the day appointed by the Governor of Pennsylvania as Thanksgiving day. As the rule of law would have required the jury to remain together, after the panel was complete, until a verdict was rendered or they were discharged by the court, for their comfort, Mr. Cowden was not sworn. They were allowed to separate, and his Honor, Judge Kane, informed them that apartments had been provided for them at the American Hotel, immediately opposite the courthouse, where he would advise them to remove their wardrobe during the interval.

On Friday morning, names of the witnesses for the Government were called, the twelfth Juror was sworn and the Court was ready to proceed with the trial.

It was known that the defendant was to be tried for Treason, but how the acts he committed were to be construed into this grave offence was a mystery which now was about to be developed. He was to see the witnesses face to face, and hear them testify in regard to the occurrences at Christiana. Public expectation was anxiously awaiting the developments for the first time about to be made. Vague rumors were to give place to proof, and a precedent to be established that would settle many perplexing questions which had arisen from sectional interpretations of the Fugitive Slave Law of 1850.

Mr. Ashmead, the District Attorney, opened the cause in a speech about an hour and a half long. Relying on information he had received from the lips of witnesses examined in private, he committed the common error of stating that some things would be testified to, which were only heard of in these opening remarks. He rehearsed the indictments, gave a short account of the occurrences at Parker’s house, spoke of its being the result of a combination of which he had evidence, and concluded by explaining to the Jury the law of Treason, quoting at large from the books. His remarks were given to the public through the press, and being the first authentic publication from the trial, were generally read. It created the impression that Hanway was guilty as he stood indicted—no one doubting that witnesses would prove the exact statements made by the cautious District Attorney.

When Mr. Ashmead had concluded his remarks, Z. Collins Lee, Esq., the U. S. District Attorney for the District of Maryland, appeared, and was recognized as one of the counsel for the Government. The array of counsel for the prosecution then comprised one U. S. Senator, one Attorney General of a sovereign State, two U. S. District Attornies, one Recorder of the city of Philadelphia and two members of the Philadelphia Bar, who boasted of no official position. With such a combination it was confidently expected that, as a matter of practice, aside from the issues to be tried, the management of this cause would be a model which the profession would be safe in imitating.

After proving the appointment of Mr. E. D. Ingraham as Commissioner of the United States, Mr. Ingraham was called and testified to the issuing of the warrants for the arrest of Noah Buley, Nelson Ford, Joshua Hammond and George Hammond.

At this stage of the case Mr. J. M. Read asked that the witnesses for the prosecution be kept out of the Court-Room during the progress of the trial. Mr. Ashmead asked for the same order as regarded the witnesses for the defendant. The Court, admitting the propriety of both requests, granted them, and directed the Marshal to provide suitable accommodations. There being no objection on the part of the defence, the Rev. Mr. Gorsuch, who had been subpœnaed for the proof of some collateral matter, was allowed to remain.

Drafts of Parker’s house and the fields around it were presented, and their accuracy proven.

Henry H. Kline, the Deputy Marshal, who had attempted to make the arrests, was next called. It was known that he was the “leading witness” on the part of the prosecution. He had been the leader of the U. S. forces in this contest; had taken an active part in having the neighborhood of Christiana placed under arrest; had declared martial law there; and had been the principal witness at the examinations in Christiana and Lancaster. His testimony was naturally looked for with some interest, as well by those who knew the character of the man, as by those who had then heard of him for the first time. His evidence is contained in 33 printed pages of the report published under the auspices of the Court,—more than one tenth of the whole work. It is not our purpose to speak of it at length; we have already spoken of the facts as they occurred. The portion of his testimony bearing most upon the cause, was his statement of the interview with Hanway and Lewis at the bars. The jury were informed of the truth of this matter before the trial was concluded, by other witnesses.

During the examination of Kline the question of identity of those present at the transaction came up, and the most of those prisoners whom he had called by name were ordered to be brought up to Court on the next (Saturday) morning. It is this which gives Mr. Brent the offence of which he so loudly complains in his printed report (p. 5) of the trial to Gov. Lowe. He comments on the dress of the negroes, the manner in which they had combed their hair, their position in the crowded court room, and of the conduct of the officers having charge of the prisoners who thus gave them “aid and comfort.”