Wilmington expositor. (Wilmington, Del.) 1831-18??, 1832-03-23

don the question of his identity, expressly adj
uniting the crimes alleged in the indictment 70 have
been committed thus excluding all proof Of the main
facts, which the public had anticipated would be de-
veloped these trials. He was, however found gull
ty, and sentenced TO three months imprisonment In
passing sentence upon the defendants the circuit judge,
who is now governor OF New York. descanted, in terms
OF great severity, upon the nature of the crimes they
had committed and, at the request Of several citi-
zens furnished copy of his remarks for publication
They were published accordingly, and have been ex-
tensiyely circulated in that part of the country Still
few extracts it is believed will not be unacceptable.
The judge says, Our constitution shows il, and the
declaration of independence declares, that the
moesed enjoyment of liberty, and the pursuit of hap
piness, are the unaenable rights of man. so sacred
do we hold personal liberty that the mpressment
Of seamen from Of ships has been consider
ed sufficient cause for national war; Your conduct
has created in the people of this section OF the coun
y strong feeling of virtuous indignation. The court
reoices to witness ito be made that citizens
person cannot be invaded by lawless violence without
its being felt by every individual in the community 1t
blessed spirit, and we do hope it will not snbside
thatt will be accompanied by ceaseless vigilance K
untrng activity, until every actor in this profhgate
conspiracy hunted from his hiding place land brought
before the tribunals of the country to receive the pun
iishment merted by his crime. We think we see, in
this public sensations the spirit which brought us into
existence nation and pledge that our rights and
liberties destined TO endure The point of these
remarks will be better understood from knowledge
OF the fact, that the counsel of Sheldon in their adj
dresses to the jury, had cautioned them against being
influenced by the excitement that prevaied-had re-
presented that excitement to have been produced by
ambitious demagogues who hoped to ride the whrld-
wind and direct the storm and had deprecated the
attempt to connect the masonic institution with such
foul acts as charged The remarks OF the judge
were intended rebuke for this language and the
praise which he avished 'the blessed spirit was
thus intended and understood encomum on anti
masonry The truth and force of his observations are
not diminished by the circumstance, that when he ceas
led to be an independent and impartial judge, and be-
came political PARTISAN associated with masons, and
ldepenehnt them for success he himself sought to
discredt this blessed spirit to check the ceaseless
vigilance and to ebuke and paralyze untirng ACTIVE
lty, which he had commended Its only effect is, to
establish most concusvcy the communicating influence
of feemasonry, and its vast power, which could COM
pei public OFF, thus to proclaim his own nconss-
ency and repndate sentiments which found their echo
lin the bosom of very American who neither hood-
lwinked nor cable towed.'
=" In the month of February, 1927, grand jury for
Ontario county again assembled at the Court of Gene
raj Sessions of the Peace and renewed the inquiries for
the detection of the offenders against Morgon. They
found bill ofindctmen against II persons, for con-
spracy to kdnap and carry away that person, and for
falsely mprsoing and carrying him parts unknown.
These persons James Lakey, physician, Chaun-
Icy H. Goo, stage proprietor, Hiram Hubbard, the
keeper of livery stable, John Butter6eid, whose &C.
Cupationi is unknown, James Ganson, an nnkeeper,
and formerly member Of the state Legislature, Asa
Eowlen an inn-keeper Harris Seymour, Henry How
ard, Joseph Scofed and Moses Roberts, who have
lbeen before mentioned, Holloway Hayward, consta-
ble James ellis, respectable farmer John Whitney,
la respectable stone-cutter, Burrage Smith, grocer,
Simeon 3. Jcwett, an attorney and counsellor at
law, and Willard Eddy, whose occupation is un-
known.
"At the same court, the indictment against Harris
Seymour, Henry Howard and Moses Roberts for con-
lspring to charge Morgan with stealing, which had
been found, before mentioned, brought trial.
was i'll proof that these persons had gone with Cheese
bro from Cenandaigua to Batavia, to arrest Morgan
gainst him, issued by the justice, Chapman, for steal
ling shirt and handkerchief; that he had been taken
in Batavia and hurried off with great severity and ru
dencss. and without giving him opportunity to ap
prize his friends Of his situation. But it held by
the court that the warrant evidence of probable
cause and that the defendants could be convicted
They were accordingly acquitted,
ain March 1927, another grand jury assembled in
Monroe county, at the Court of Oyer and Terminer.
A majority of them fleemasons Very faint eff
forts were made to obtain testimony and Indictments
were found.
In April, 1927, grand jury assembled at the
Oyer and termirCr, in Niagara county, and a COM
plant was made to them against Eli Brace then Sher
i'll OF that county, by Of the county committee, LII
seems to have been anticipated that this grand jury
would enter upon investigation of the subject, and
preparations were made accordingly. 1t is stated
ted by Hiram b. Hopkins, royal arch mason, and at
the time deputy sheriff, that he instructed to
summon any grand jurors but such particular
ly friendly to the masonic institution At that time
grand jurors selected by the sheriff from the cit
liens at large. The jury accordingly packed,
pursuant to ACKNOWLEDGEMENTS Of them being ma
sons and the others friendly to the order. Mr.. Hop
kns says The district attorney was royal arch ma
son, who knew all about the Morgan affair." in my opin
ion and the foreman of the jury of the war
NEST zealots OF the order in the county, One of these
grand jurors ha; furnished statement of the proceed
ngs before them, from which the following is taken 81
he foreman claimed the right to examine the witness
ses himself After several had been examined by him
IN such way as to give no information, of the u
rors put questions to witness. When that witness
had retired thSuror called aside by the foreman
and privately solicited to refrain thereafter from ask
ing questions, and to leave it with the foreman The
Juror however persisted and occasion, insis-
ted that witness should answer what he knew of the
matter The witness objected, because, he said, heI
considered his testimony irrelevant and because hel
was poor man. who got his living by labor and if he
should testify, It might prove serious injury to him
sen and his family lare majority of the jury decd-
ca that the witness need not answer but the pertina
cious juror insisted on his right and finally obtained his
point. The witness called back and testified that