Without desiring to invade the prerogatives of the Jury in judging of the facts of this case, the Court feel bound to say that they do not think the transaction with which the prisoner is charged with being connected, rises to the dignity of treason, or a levying of war. Not because the numbers or force was insufficient, but
1st. For want of any proof of previous conspiracy to make a general and public resistance to any law of the United States.
2d. There is no evidence that any person connected in the transaction, knew there were such acts of Congress, as those which they are charged with conspiring to resist by force and arms, or had any other intention than to protect one another from what they termed kidnappers.
The testimony of the prosecution shows that notice had been given that certain fugitives were pursued; and that the riot, insurrection, tumult, or whatever you may call it, was but a sudden “conclamatio,” or running together to prevent the capture of certain of their friends, or conspirators, or to rescue them if arrested.
He concluded by some general remarks upon the enormity of the offence committed against the State government, and the part which had been taken in the whole transaction; by the States of Maryland and Pennsylvania, and the General Government.[E]
The Jury having heard the charge, retired to deliberate. They returned in about ten minutes, and rendered a verdict of NOT GUILTY.
After the verdict had been rendered and the Jury discharged, the District Attorney said, that the prisoner was charged on four other bills of indictment for misdemeanor. On these he proposed to move for a nolle prosequi, and said that if the State of Pennsylvania did not hold him to answer any other charges, he would move for his discharge.
Judge Grier said that, on motion of the District Attorney, the defendant was discharged, and Hanway left the Court room a free man—after an imprisonment of four months wanting a day. The next day, (Friday Dec. 12th,) after a long conversation, Elijah Lewis and Samuel Williams were admitted to bail in the sum of $2000 each, and several bills against some of the prisoners were nol pros’d, on the motion of the District Attorney.
On the following Wednesday, (Dec. 17th,) the Court met again for the purpose of taking some action in reference to the remainder of the prisoners, who were charged with treason. The District Attorney said that inasmuch as the charge of Judge Grier to the jury in the case Hanway, clearly convinced him that, upon the evidence, the charge of treason could not be sustained, he had determined to enter a nolle prosequi upon the remainder of the bills. He thought, however, that a clear case of murder and riot had been made out, for which the prisoners were amenable to the State authorities, and he had communicated with the authorities at Lancaster upon the subject. In reply, the District Attorney of Lancaster county had informed him, that detainers had been lodged at the Moyamensing prison by virtue of which they would be carried to Lancaster, by the U. S. authorities. He therefore moved that the U. S. Marshal be directed to remove the prisoners to Lancaster at his leisure, there to await the action of a Grand and Petit Jury of that county. Mr. Ashmead further said, that he would lodge detainers against the prisoners with the authorities of Lancaster, in order that they might be tried in the U. S. Courts in Philadelphia for misdemeanor, should they by any possibility escape punishment in Lancaster. He was determined to do his whole duty in the case, and if these men were to go unpunished, it should not be through neglect on his part.
The Court then made the order as required, and Judge Kane discharged the jurors from further attendance.