Mr. Read then asked for an order from the Court for the payment of the defendant’s witnesses, and cited the case of Aaron Burr in support of the request. The District Attorney asked that a time be fixed for argument upon the matter, and the Court named Friday as the day on which they would consider the motion. The argument was heard as appointed, and the Court refused to make the order.
Those in authority had determined, as has been seen, to abandon the prosecution for treason. To avoid the imputation of imbecility, it was resolved to attempt a conviction upon the charge of misdemeanor under the Fugitive Slave Law of 1850. So much noise had been made about the grade of crime committed at Christiana, that it was not expedient to permit the matter to leave the U. S. Courts after the verdict of “not guilty” in Hanway’s case.
Accordingly, Samuel Williams was detained for trial in Philadelphia, while his partners in crime were removed to Lancaster to await the action of the State authorities. His principal offence was not such as made him amenable to the State of Pennsylvania, it not being charged that he was ever at Parker’s house.
Sufficient breathing time having elapsed after the trial of Hanway, William’s case was called on Monday, January 5, 1852, in the District Court, before Judge Kane. All parties not being ready for trial, a postponement of one week was ordered.
On Monday, the 12th of January, the prisoner was arraigned on two bills, one charging him with interfering to prevent the arrest of Noah Buley, the other with interfering to prevent the arrest of Joshua Hammond. To both of these charges he plead not guilty.
On the part of the prosecution G. L. Ashmead, Esq., James R. Ludlow, Esq., and John W. Ashmead, U. S. District Attorney, appeared; and R. P. Kane, Esq., W. S. Pierce, Esq., and D. P. Brown, Esq., appeared in behalf of the defendant.
After some delay the following jury was empannelled: Pratt Roberts, Chester Co.; Thomas Vaughn, Philadelphia County; Henry McMahen, Philadelphia city; Patrick McBride, Philadelphia Co.; Michael Keenan, do.; Frederick Boley, Sr., do.; Joseph Dowden, Chester Co.; Samuel Culp, Germantown; Minshall Painter, Delaware Co.; Joseph Thornton, Philadelphia Co.; Francis Parke, Chester Co.; and Peter M’Conomy, Lancaster.
Mr. G. L. Ashmead opened the case to the jury by stating what evidence would be presented to them, and his view of the law of the case. In this, as in the trial for treason, Kline was the principal witness against the defendant, and the most of the evidence offered was a repetition of that in Hanway’s case.
After several postponements on account of the illness of the presiding Judge, the case was resumed on Monday, February 2d. The defence relied upon, was the deficiencies in the evidence for the Government, and the uniform good character of the defendant. After able argument, the case was given to the jury on Wednesday, February 4th. On Thursday they returned a verdict of “not guilty.”
In the meantime the State authorities had been proceeding in the matter. On Monday Jan. 12, 1852, the Lancaster County Court of Oyer and Terminer and Quarter Sessions, met at Lancaster city. On Thursday the 15th, the District Attorney of Lancaster sent up to the Grand Jury a number of bills charging Castner Hanway, E. Lewis, J. Scarlett, and the other defendants in the treason cases, (some of whom were in prison, not having been able to procure the bail required,) with riot and the murder of Edward Gorsuch. The next day, about one P. M. the bills were returned to Court, all IGNORED. That afternoon those “Traitors” in prison were released, and the bonds of those on bail were cancelled.