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

To this extraordinary offer, Mr. Read, on behalf of the defence, objected on several grounds. The evidence was in chief, and not rebutting testimony. It was the bounden duty of the prosecution, as well by the rules of evidence as in mercy to the defendants, to have offered it before the close of their case. Besides this, the Act of Congress requires that the United States shall furnish, three days before a trial for treason, the names of those witnesses whom they intend to examine touching the charges against the prisoner.

Mr. G. L. Ashmead and Mr. Brent both replied, asserting that the existence of this testimony was not known to them at the commencement of the trial; and arguing that this was rebutting testimony; they could find no part of the defendant’s case which it could be considered as rebutting, except the opening remarks of counsel.

Both members of the Court decided the evidence offered to be in chief, and sustained the objections of Mr. Read.

Samuel Worthington was next offered, to prove that some time in 1851, he and a party of men went to the neighborhood of Christiana, in search of a fugitive slave, and stopped at the house of a man by the name of Haines; that “immediately the same signals were given at that house as at Parker’s;” and to show by this that “the motive which actuated Hanway and others was not of a lawful and legal character, but of a treasonable and criminal kind.”

The same objections were made as before to Noble’s testimony, and the defence again expressed their disapprobation of giving evidence to rebut lawyers’ speeches.

The Court overruled the offer, on the same grounds as had rejected Noble’s testimony, and the witness was withdrawn.

Cist Cockney was next examined, to contradict Jacob Whitson, who had testified in regard to conversations of Kline. John Bacon testified to a difficulty between Kline and some officers at Christiana.

Harvey Scott was called “to prove that the testimony given by Carr and others—the alibi—is not correct; that he was on the ground, and to explain how he got out of the room and proceeded to the scene of action.” After some conversation the question was asked, “Were you at the battle on the morning of the 11th September last?”

Answer. I gave my evidence that I was there, once. I was frightened at the time I was taken up, and I said I was there, but I was not.

Question. Were you there on the morning of the 11th September last?