The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-12-12
ne TREASON TRIALS AT PHaVaPHA.
United states Circ uis Court.
THE CHARGE OF JUDGE eRIER.
ACQUITTAL OF HANWAY,
&c. &c 10
OUR SPECIAL eoRRKsP oNoKscE.
TWELFTH DAY.


PHILADELPHIA, Dec. 0, 1851.
g,. JsAn M Read snanssstion Of his Speech.
Like an old horse Of genuine metal With none but
our blood veins in whose heart the trumpet sound
which summons him TO battle fails to rekin-
die les youthful ardor and in its eye the flashing Are
Mr. Read, who at first appeared but little more than
an indifferent spectator Of the progress of this trial.
seems now that his for speaking has come, to
have aroused to full appreciation OF the Important
part which he has to enact He is the perfect master OF
his subject; from his we'll stored mind he has to-day
poured forth such stream Of learning as could dow
only from rich and fertile He speaks directly
to Tia point before him bout apparent etor and with
decided ability.
Mr. Read quoted freely from English history. He ana
yssd in lucid and powerful manner the Of trea
soa which had been tried and sdudicated upon in Eng
Land He thought that the arbitrary doctrines promu
gated In early period OF monsrehical government.
not to be adopted this day in this free country
Many Of them had long since boen discarded in the Land
where they originated others would not be laid down
in England now the questions there and I'M
encountered by odious lies He showed that many
of the English which cited as authorities on
tbs former trials for this country were not
regarded such in England We possess kuo rleige
OF their history which exist in the United states
at TIA; time He ezh bted n strong light the oooquy
which had attached TO oourts and the prosecuting
who bad r. gnrsd b. Idly constructive doctrine
OF treason An Attorney ocDers of England, who. at
this day should prosecute t in like some
OF those which had been reIerred to- would De booted
from his ohce. He euoy z.d me manly Just and he
conduct Of those bad acquitted prisoners
whom tie Ensrh gG'ereuisas and Enghsn Judges hsd
sought Illegally and Tally to convict OF treason,
IN IN which tie crime committed, II any, were
mersT Disdem-sDcrs He hed that Wa had no right TO
write into the const ut" ~ United States in place
of its plain aud simple dtHiLon Of this crime arbi
trsry and moparchical COM q uction Mr. Read con-
tended that II was far construction Of the con-
stitution of the United siates. that there must
be substantially before the crime OF urea
con can be committee Ne ssid that in the Of
Aaron Burr, Chief office 8hall expressed the opinion
that NOT ell the English TO be regarded
authority In tins lie thought he might fairly
say that the Chief Jusc rid that there could be
oessory before the fact he certainly Of opinion
that there could be accessory after the fact.
Mr. Read spoke nesrly hours the Law questions
involved in the a ted very numerous suthori-
ties ~ cngrt the mo, important Of which the
following which he gsrted not law at tia present
Burton Bensterd's aessenger Busley, Howell,
$40, Dsmaree & purctase 10 Howell SSH The Weayers'
cssa, Hale, 1921 P.sclsm's case, Phil IS
Tbs following be coasid,red sustaining his own
view OF the law IL Gao 10 Lives Of the Cnanc 205;
Campo Lives OF the ohane go SO il4-lS; l Camp
go 20 vol !, III. rs z6s PSI 2sii McLauchiins
Frost case @ & I2s I6l; Const g. O. Is and TO-
regard to the the Western Insurgents and
OF Fos he said that b. you'd not quarrel with them;
but at the same time Ia nought that the principles sp
psd TO them ought Ii ~ be extended TO other cases
He then comm.pcso the discussion Of the tes-
II
believed there hut witness for the gCvern
meat 60 any overt as ~hatever by the prisoner But
in point Of fact the whole Of Klines party owed their
lves TO tie appesarcr Of Cashier Hsnway Lewis and
Scarlet on the ground But for this the negroes udg
lag from what they ana do would have murdered the
whole Of them Mr. Read with great severity
upon the conduct Il Kline and the Maryland men, In
prosecuting Hanwsy Lewis after both Kline and Dr.
PsArce had seknoweoged that they owed heir lives to
these very men. He then attacked khne's testimony,
snd argued that be must have testified fisely. The
overt act sworn to BY Kline the STOPPING over by
Cssner Hanwsy and saying something to the negroes
Kline WIS deaf ana could not hear what; and for this
CsstDer Hsuway Is 70 be hung Now what II that
Kline did not hear! 1t Cashier Hsnvays protect
ing warning not TO shoot; the very thing which saved
their I've.
Judge Grer here remarked ths; II half past three
O'Clock
Mr. Resd--I not tina. II was 90 late. have
felt my voice cracking for some time.
The court adjourned 20 o'clock tomorrow morning
The court room crowded during the delivery Of
Mr. Reads speech. But the spectators preserved the
utmost sis and they well the court and Jurors
gave their undivided attention TO the speaker Mr. ste
eat behind him and observed at time to
looking eufiousy into pocket edition Of the bible
ve may expect To hear scriptura authority to be
cited tO-mO