“The testimony of the prosecution shows that notice had been given that certain fugitives were pursued; 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 companions, or to rescue them if arrested. Previous to this transaction, so far as we are informed, no attempt had been made to arrest fugitives in the neighborhood under the new act of Congress by a public officer. Heretofore arrests had been made by the owner in person, or his agent properly authorized, or by an officer of the law. Individuals without any authority, but incited by cupidity, and the hope of obtaining the reward offered for the return of a fugitive, had heretofore undertaken to seize them by force and violence, to invade the sanctity of private dwellings at night, and insult the feelings and prejudices of the people. It is not to be wondered at that a people subject to such inroads, should consider odious the perpetrators of such deeds and denominate them kidnappers—and that the subjects of this treatment should have been encouraged in resisting such aggressions, where the rightful claimant could not be distinguished from the odious kidnapper, or the fact be ascertained whether the person seized, deported or stolen in this manner, was a free man or a slave. But the existence of such feelings is no evidence of a determination or conspiracy by the people to publicly resist any legislation of Congress, or levy war against the United States. That in consequence of such excitement, such an outrage should have been committed, is deeply to be deplored. That the persons engaged in it are guilty of aggravated riot and murder cannot be denied. But riot and murder are offences against the State Government. It would be a dangerous precedent for the Court and jury in this case to extend the crime of treason by construction to doubtful cases.”
Having thus practically disposed of the case Mr. Justice Grier praised the U. S. Attorney and the counsel for Maryland for their zeal and ability, and intimated that the duty of punishing “the perpetrators of this outrage” might be transferred to the courts of Lancaster County, where the activity and zeal of its law officers gave assurance that their duty would be performed with all fidelity.
After the Judge’s charge the jury retired to deliberate at the American House where they were lodged. They returned in fifteen minutes and rendered a verdict of “Not Guilty,” which announcement was received by the large audience present “in a becoming manner”; the propriety of their conduct is ascribed to the fact that the Judge’s charge forecast the verdict.
John M. Read afterwards said some of the jurymen informed him they were ready to acquit before the defense opened.
On motion of District Attorney Ashmead, and in consideration of the ordeal through which Castner Hanway had just passed, four other bills against him for misdemeanor were non prossed and he was discharged from custody and from all further prosecution in the Federal Courts. The charge of treason against Elijah Lewis was withdrawn, and he and Samuel Williams were admitted to bail in $2,000 on four other indictments pending against them. Hanway and Lewis were brought to Lancaster on Friday afternoon, December 12th, and held by Associate Judge Vondersmith in $1,000 bail each, “to answer any charge that might be brought against them.”
There was a later proceeding in which all the other bills for treason were non prossed; and the proposed transfer of the prisoners to Lancaster County was announced by the District Attorney. Mr. Read brought to the attention of the Court the subject of the United States paying the expenses of the Hanway witnesses; for which there was a precedent in Aaron Burr’s case. The subject was fully argued December 19th; and Judge Kane filed an opinion refusing to tax these costs against the Government and dismissing Hanway’s petition.
Subsequently a petition to Congress, of which the following is a copy, was circulated and signed by the defendants, but it availed nothing:
“TO THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED STATES:
“The Petition of
Citizens of the State of Penna., respectfully represents; That Whereas in the month of September 1851 a Riot occurred in the vicinity of the residence of your petitioners, generally known as the ‘Christiana Riot,’ and your petitioners repairing to the scene of disturbance without any evil intentions, but to prevent violence, were arrested by persons acting for the United States, and charged with the highest crimes known to our Laws, and thrown into prison, where they were detained many months and subjected to great expense in making preparations to meet those charges, whereby their estates were wasted, their minds harassed to the verge of insanity, and their health impaired, till premature decrepitude is the consequence, after which they were discharged without a hearing, thereby tacitly admitting the charges were groundless, having incurred an expense of many thousand dollars.
“Your petitioners therefore pray you the honorable representatives of the most magnanimous nation of the earth, to grant us some relief from our embarrassments, and we will ever pray, etc.”
Thus ended the Treason Trials of 1851.