Mrs. Austin went on and testified, that she did not tie up the package again, but left it, and she saw it repeatedly in the same state up to the time of prisoner's arrest. She also saw several Emancipators in the house, and one or two tracts sent by mail, which she used or destroyed as waste paper.
Bradley here offered to put in two letters and a deposition from the man who gave Crandall the package in New York.
Key objected that it was not legal evidence.
Bradley knew it was not, but the witnesses were beyond the reach of the court—they could not be forced to come and testify; and had distinctly declared that they were afraid to come into the District. He had last term requested the District Attorney to join him in taking their depositions, in consequence of the circumstances, but having been refused, he had gone on and taken them exparte, and he hoped they would be allowed to go to the jury.
Key was willing to admit any thing reasonable, but this testimony was clearly inadmissible.
The Court said, by the rules of evidence, it could not be given but by consent.
Mr. Carlisle opened the summing up for the prosecution, and remarked that his was observed by the opposite counsel to be the only case of seditious libel ever brought before this court, and I will add, gentlemen, that the decision of it may determine whether or not it may be the last;—whether or not this traverser may return to his fellow laborers in iniquity, and inform them that here he has found the gates wide open, and the way all clear for the propagation of their libels and their plans. It has been truly said that this topic is one of excitement all over the country. Under these circumstances this traverser may congratulate himself upon the opportunity of a fair and full trial, and that he has not been the victim of summary justice. But, gentlemen, let justice lose nothing of its proper efficiency by being administered with coolness and deliberation. The opposite counsel say that the charge is grave. Aye, gentlemen, it is so, but the proof is full. The offence charged is one of a fatal, devastating, and, beyond all power of palliation, most horrid character. These libels are not like common libels, which tend to bring individuals into discredit and disrepute. It is an offence of which the like is not contained in the annals of criminal jurisprudence, peculiar to the state of our society, and in enormity equal to all other crimes combined. An opulent and extensive society send out their emissaries and commission and enjoin them to scatter these infamous productions in the highways and by-ways; to proclaim them from the house tops, and whisper them in the chimney corners; to teach to all, high and low, that slaveholding is man-stealing; and yet they mean no such thing as breaking the peace, and abhor all violence and tumult. Does the preaching such language to slaves tend to pacification?
Mr. Carlisle was here commenting upon the nature of the agents employed for these unlawful purposes, to show that educated men, such as Dr. Crandall, were the kind naturally to be selected, and was further proceeding to examine the evidence as applicable to the laws, and, in his opinion, conclusively establishing the guilt of the traverser, when extreme physical debility and indisposition prevented him from proceeding.
Mr. Bradley then commenced summing up for the defence. He said the nature of the charge was such that it was almost impossible to set aside the prejudices which had been cherished from youth up, and which were so natural to men of this section of the country; but he felt confident the jury would give him a patient hearing, and judge correctly after a careful consideration of the case. He then gave a statement of the points of the evidence, upon which there was no dispute; such as—That the prisoner allowed one pamphlet to be taken by Mr. King; that he was found here with a number of other papers; that some came round in a box by water; and that others were given him in New York, and brought on in his trunk. He wished to draw a distinction between the kinds of papers. It was proved that a bundle of papers were found, and they were here in court; but the contents were unknown; whether good or bad the jury had no right to infer. A large number of papers were found, some of which were brought away and the others were left. That was all the jury had to consider, except in regard to three numbers of the Anti-Slavery Reporter, five numbers of the Emancipator,
and the late pictures which were cut from a work, and represented in contrast two modes of education—one where children were whipped, and the other where they were taught more mildly by means of books.