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

In his zeal, Mr. Brent probably forgets what he must have learned in his instructor’s office, that the Law presumes every man innocent, and requires that he shall be treated with every possible attention to his personal comfort, while confined in prison awaiting trial upon any charge. He certainly must remember the sumptuous mode of living allowed to Dr. Webster in Boston, to the Knapps when charged with instigating the murder of their uncle, and many other similar cases well known to every Tyro in the profession.

Besides this presumption of law, the friends of every prisoner must have free access to him until conviction. The jailer is only responsible for his appearance at the proper time, and may permit him any privileges, save liberty, to which he is entitled as a free man. When these negroes were brought to the prison, from Lancaster, they were dressed in their summer clothing. Their wives and children were too poor to come to Philadelphia to attend to their comforts. It is a strange cause of complaint that they found persons humane enough to furnish them with proper garments. A moment’s reflection would see the reason why “their comforts and their clothes should be, in every respect, alike.” The supply was probably furnished from the same store, at the same time, and for the same purpose. Instead of being a reproach, it is an honor to our city, that persons were found who were unwilling to permit these creatures to suffer for the want of those comforts which are not furnished at the public expense; and were Mr. Brent better acquainted with our citizens, he would see the same thing done in many other cases, in which humanity could not be construed into “bullying and bravado” of such a Government as that of which we are all proud.

On the morning on which the prisoners were brought into Court, Mr. Read represented to the Court the effect confinement had on Hanway’s health; and the Court instructed the Marshal, that when thus suffering, the authorities had “no right, if he can be safely kept otherwise, to keep him in a manner injurious to his health. If the Marshal can give this prisoner better lodging, feeling certain he can keep him safely, we have no objection to any indulgence of that nature, and direct the Marshal to grant it to him.”

After Kline had concluded, Dr. Thomas Pierce was called. His testimony embraces about thirteen pages of the paper book. He repeated substantially the evidence of the Marshal. Mr. J. M. Gorsuch was next called. His story was clear and consistent throughout. Mr. Dickinson Gorsuch followed him. These two gentlemen being one a nephew, the other a son of Mr. Edward Gorsuch, were not cross-examined by the defence. Messrs. H. Hutchings and N. Nelson were next called.

These witnesses had all accompanied Kline to Parker’s house, and testified to the occurrences there. The remainder were called to prove what transpired after the attempt to make the arrests had been abandoned, or to other circumstances deemed necessary by the prosecution to make out their case. After Miller and John Nott had been examined, the Court adjourned.

On Monday morning, after the excuses of several jurymen had been heard, and an order made for the alleviation of the condition of Collister Wilson, one of the prisoners awaiting trial, the cause was resumed by recalling Miller and John Nott. The array of counsel had, on Saturday, neglected to elicit something that had been, “upon consultation,” deemed of importance. The examination was resumed, and continued at length upon minor points, until the Court, at the instance of defendant’s counsel, stopped the repetition.

Alderman Reigart and Wm. Proudfoot, constable of Sadsbury township, testified to the conduct of Hanway and Lewis, when bullied by Kline at the house of Frederick Zerker, where they had surrendered themselves to the officers. The object of this was to show, that their silence was tantamount to a confession. Alderman Reigart testified to having come down from Lancaster with a posse of one hundred and fifty men to make arrests.

Charles Smith was offered for the purpose of proving that notice of the intended arrest had been given to Hanway and others, by Samuel Williams. The evidence was objected to, the question argued at length, and the objection overruled by the Court. Smith then testified merely to the fact, that Williams had given notice to him, but did not know the same had been given to Hanway.

Dr. Cain testified to nearly the same facts, and, in addition, to his attendance upon an annual meeting of the Anti-Slavery Society of Pennsylvania, in West Chester, some time previously. This was the only attempt made to sustain the allegations of the opening speech of the District Attorney, in regard to combination for the purpose of resisting the Fugitive Slave Law. Two colored men, John Roberts and Samuel Hanson, were next placed upon the stand. Towards the end of Hanson’s testimony, a discussion arose upon a point of evidence, in which Messrs. Brent and Read took part. Their remarks were diverted somewhat from the purpose; and Mr. Brent took occasion to explain his position in the case, though, at that time, his position had not been assailed. He asserted his right arose by reason of an invitation from the Federal authorities, though, he said, he came by authority of the Executive of Maryland. Altogether, his attempt to define his position totally failed; and the public would have understood the matter quite as well, if, according to the rule, no answer had been made to the concluding remarks of the defendant’s counsel.

Jacob Wood testified that Elijah Lewis had called him from his work that morning, telling him that kidnappers were at Parker’s house. Mr. D. Gorsuch then identified the coat his father wore on the morning of the attempt to arrest; and to the surprise of every one, the case of the United States was announced to be concluded.