The New York herald., 1850-08-28
The End of the Harri.b.rg Riot.
DECISION or JUDGE PEARSON ON THE WRIT or HABEAs
CORPUS.

CORPUS.
The following opinion OF Judge Pearson de-
hvered on Saturday evening, when he heard the
owners and their assistants on habeds corpus, on
the charge OF assault and battery.
The Commonwealth vs.. William Taylor aud
others-WIit OF habeas corplu.-These gentlemen
are brought from the prison Of Dauphin county on
a writ of hdbeas corpus, having been confined
under the following circumstances The court
was Informed this day that great not had CON-
menced and was IN progress ut and about the pri-
son, and that n number of persons were engaged IN
fighting within the jail walls, tina, much blood had
be en- shed, and some lives supposed 10 have been
taken, and Il was apprehended, from .the number
of persons In the street endeavoring TO force an
entrance, than consequences OF the grayest
character might be expected. We directed
our sficer, with the police Of the town,
10 raise sufficient force, make their way to
the doors of the prison, and secure them,
eonhning all who were within, and preventing the
entrance Of any more; and on this being done, TO
raise sufficient force to arrest or dsperse the mob
on the outside, and secure and retain those withn
all OF which appears TO have been performed. Our
sole object was TO preserve the public peace and
secure those who had broken IL. The evidence
now before shows that the parties hearing had
entered the vestbule Of the prison for the purpose OF
securing their slaves, who had fled from the State
Of Virginia, been charge with borfe stealing, and
by us discharged on a writ OF habeas corpus. The
evidence shows that great violence was used BY
the owners in endeavorug to secure their pro-
perty; that the slaves were severely beaten,
and leh bleeding and almost senseless. The
parties before us are fully identified, and the
facts clearly proved. SO far 40 disclosed by
those who have testified, there does not appear
to have been anything in the nature or character
OF the resistance to Justify resort TO such ex-
ueme measures. The defendants have offered
evidence TO show that they were attacked by the
slaves in hostile manner, and used no more force
than was necessary 20 repel the attack and secure
the in custody. We do not believe that, accord
ing to the rules Of law in regard TO preliminary ex
srpinstops. we have right tn hear their evidence.
This is but preliminary examination on wrt OF
kdbe0s cwpss; we are net TO hear the evidence on
both sides, but on the part on the commonwealth
only else on every such writ, this court (or the
separate judges thereof, as the case might be-
would srrorate TO itself the decision OF all Disputed
facts in the hrst instance rendering the trial by Jury
superfluous and unnecessary. We poesess ny law
no such power, but where a yrirsa facis case is
made out by the commonwealth, must leave the
cause TO be settled by jury, when all the evidence
will be heard. AZ court, we will judcislly take
notice Of the facts proved before yesterday that
the men endes esvorva to be arrested were slaves be-
longing to Mr.. Taylor, and in our decision this
morning, we declared that he had right TO take
them wherever he could lay his hands peacesbly
upon them, except In the actual presence Of the
court. We are also Of opinion that he, and those
whom he may have called TO his assistance, had a
right TO just ar much force In arresting and se-
curing them, an officer of this common wealth,
with process in hts hands, has in executing such
process yet, as we could by no means justify q
sheriff or constable in using the amount Of violence
proved TO have been used In this case, but would
hold them snswersble for assault and battery
must we hold these defendants. The otiicel
must, in the first place, use an gentle 10 &c
cure the party ordered TO be arrested III resisted
he must overcome that resistance by force. bu
must he extremely careful to measure Il by the de-
| gree OF violence peed against him, and can only
Justify ating HE prisoser 20 prevent great bodily
bsrn TO himself, and must desist soon AZ he hs'
IL in bis power to secure him by other means. We
| esbbot accord to the defsndan,s here any greate
power, when they cone 10 our coil TO seize thet
fnRitive sleves, than ~e confer on our own peace
/ ofiesu. The peryons engaged in resisting thess
mes in the lsvfus srersise Of their night of seznrs
are guilty offs Irest wrors, end most unlusnhso''
breach of the public pesce, for which hsvs ns's
| we must, an like manner, held these gentlemen u
snswer nj our nert Court 81 Quarter Sessions
whsr> the whole subject wiu be inves1faied, hl
the Court j. y. Psassor, President Jsdge,