The national era. [volume] (Washington [D.C.]) 1847-1860, 1851-12-11

not know where any of the slaves were lie
did not tell me how or from whom he got this
information.
Cross-examined by Mr. Lewis--Boyds al
joins my house, four miles east oil Parker ;
about two miles from Parkersburg.
DR. Augustus Cain called. and athrmea ior
the United States.-I reside near Chrlstlaha'
about 500 or 1000 yards away, and about TWO
miles from Parker's house | was there on
the afternoon of the 10th OF September last
Josephus Washington gave me paper thefe,
with three names on 1.-THE first iorge', ,he
second was Josh. and the third Ford under
the names were the words Hartford county
Maryland. did know Josephus Washington
before that time, but not the other. whom
learned to be Clark. | heard that the kldnap-
pers were about Mr. Parkers.
Judge Grier-What that the term USED III
the neghborhood of all saye-owners!
Witness-l gave the words rs they were
used sir. Francis Hawkins colored was the
first that told me of this heard OF the muir.
der or fight in the afternoon was called
upon in the forenoon of rhe day to dress the
wounds oftwo colored persons-one was wound
ed in the arm, the other in the thigh. ex-
tracted the balls
Affernoon.-The testimony given before the
court this afternoon in the case Hanaway was
to the effect that meeting had been held IN
the neighborhood of Christlana by the anti
slavery society, last spring at which the fug'
tive Slave Law was discussed but the witness
could not tell whether Hanaway was there oi
not
John Roberts. a negro boy, testified to seeing
- - ~, 10
to his fathers house about sunrise on the morn
ing of the murder ON horseback Scarlet tol,
him there were kidnappers at Parker's house
and requested him to inform the colored people
Witness got a gum had it loaded, and went t
the scene of action
Samuel Hanson a negro boy, testified to see
ing Runaway on the battle ground, las h
termed it, among the negroes. Witness wa
informed by George Pownall, white man
that kdnappers were at Parkers house. he
went up there, but did not arrive till the hgh
was over He heard much firing as ne ap
preached, and saw the negroes armed. Saw
old MIR Gorsuch lying on the ground but could
not say whether he was dead or not.
Jacob Woods, negro testified TO seeing Hama
wayiit s,.S.iane leading~to Psrtsr's hn"7e ss.'fs
I7--N~>N-, >>Iis>~ ~ Nf64.ex Kline WAS told 10y
! ! A-s'-''---S 1870 "o@e5 Lewis. ttu'
kidnappers were az Parker H6tr@, ,.,,, ,-s,yS
heard the firing became. frightened, and ran
away to the barn.
The clothing of old Mr. Gorsuch. the vest OF
Dickinson Gorsuch, and DR.. Pearce's hat, were
brought into court during the evidence, and
were all much perforated, rs though by bullets
and knives.
The testimony for the United States here
closed
The court adjourned.
TESTIMONY FOR THE DEFENCE
SEVENTH DAY.
Tuesdau December 2-1he trial of Hama
way was resumed this morning Theodore Z.
Cuyler opened for the defence and commenced
by reviewing the several acts Of the Assembly
of Pennsylvania on this subject, and rccapItu-
lated the facts of the testimony which they
would be able to present to the court, upon
which they confidently relied for an acquittal.
Remarking upon the serious and unusual ma
ture of the charge, he said it had another point
of deep interest, viz:
1.-The State of Maryland is here to-day, in
the person of her Attorney General and his
oadjutors-a private prosecutor in a criminal
cause Far be it from me to say that she
have seen events occur upon the trial of this
case which might almost justify this remark.
at has ever been the mcrciiul doctrine of
the law, that the sworn officer of the law, its
public prosecutor, was not justified in exhibit
ing the partisan zeal of private counsel, IN
pressing for a conviction. This duty was to
aid the court in doing justice, to seek the dis
closure of the whole truth whether it make
for or against the Commonwealth in short, to
seek mercy, not sacrifice justice, not convic-
ton How has it been in this case
Mr.. Ashmead, the proper officer of the
Government who brings to every public and
every professional duty, Ms we of the Philadel-
phia bar well know, ut once the highest pro-
fessional skill and the most manly frankness
and candor is in the background Our friends
from the State of Maryland, for whom no gen
tlcman entertains higher respect than do,
are in the foreground Maryland distrusts the
Justice of Pennsylvania - she distrusts the
aithfiilness to their solemn duty of the officers
IF the General Government. She is here to-
lay in her own counsel in what she regards as
Ter own case. AS q natural result we have
precisely what experience taught us
We might expect. This cause, involving the
nomentous issues of life and death, has been
ried as if it were private case In panel
If ninety-two attending jurors, the prisoner
untitled to thirty-four challenges, challenged
while the Government Exercising
|. right by the most recent cases denied to u
public prosecution in England) set aside thirty
Tx jurors.
In the conduct of the cause the zeal Of pri-
'ate counsel has been exhibited-dscharge
Ia va al
ned witnesses have been re-examined in chief,
the OPINIONS and impressions of witnesses have
been asked for and put in proof as facts. And
yesterday it was offered and received in proof
to affect the prisoner, that by the lying lips OF
Henry II. Kline, the prisoner and his fellow
prisoner, Elijah Lewis, were charged, in the
vile profanity of that miserable creature with
what Kline knew and this prosecution admits
was lie, and his silence Lewis denying the
asserton) il to be tortured into n tacit admis-
sion Of the truth of that which the prosecution
itself admits is II false charge. Sir, take back
my words. The State of Maryland does thirst
for blood, or else this case nadmissible even in
Quarter Session practice, would not have
been tried"
MIR. Cuyler stated that Cashier Runaway
was native of the State of Delaware but
moved from there when five years old He is
no abolitionst and has no sympathies with
them.
The speaker stated that they would prove
that MIR. Hanaway was upon the ground al
Chrlstiana, for the purpose of putting down any
disturbance which might arise. He would
prove that Kline was in the wood, and did mo-
see the occurrences which ne had detailed and
sworn 10. Mr. lianaway it could lie proved
=. l.. la Lots H.
and danger, and it was TO his cxertons tina
the life of DR.. Pierce was saved The defend
ant further did all he could to stay the acts o
the rioters and succeeded in restraining thu
blacks from committing more extensive mis-
chief
He ridiculed the idea of such events rs is de
tailed in the evidence being held to he higl
treason, except when the law was pronounced
Al Al .oItkol l.po nf S.rn,,,,, m. 1.