New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-10-17
f.cs stated u the peon and thai TIE State Of PeusyI

state whom ther represented and sh0 their ap7fy
II thty had any. inorv behalf of ile Siae 81
Perusylvuna Il Answered thst they hal been
roytd B. n Constable who made tue arrest - zhch
]; replied The Ccur thst their duty - tAeir can
ended wien hey had made on; his return 10 the Wit "
hateas corpus that the Constable had 10 more c3rcarn
with the result % this rrOCc ding han any other ctEen
That the United STATES Government has appeared BY
- proper enierion IN tense Of is oce aat Il
the Commonwealth Of Pennsylvania. by any ocor eHs
tied 10 represent her avOs this prccco Ding and COMPLAINS
that her laws have been taasgessed by the prisoner
they should BE- heard That the gentlemen hal any
thorify from the Goyeuoror Attorney General Of Peansy
vsua OF from tho Prosecuting Attorney o. lazorne County
they should be heard But the Court hal NJ reason
believe that any Of those Offices had shown, ~
would show, tie least coun.susnce 70 saoa proceedings
and rs the urson who had right 70 COM lain As the in
ured party III sny one had has confessed ne j0sce 81
lis y fleeing the country would cot permit mere
volunteers 20 Interfere for the purpose o. eaooua me
STATE Of Pennsylvania against her VIII with TIE Jaast
SAFES or thai any society OF pes u NV '1I
should assume 10 b. the guardians OF her peace anu
dignity
Evidence was then received TO show hs, ne prisoners
were DEPUTIES Of the Marshalhat Lawful warrant vas
Pit into their hands commanding them TO arrest one IL
liam Thomas, fugitive from labor that in pursuance Of
this warrant they arrested said fugitive thar he resisted
with crca- violence and made az mPts 10 wound AMI Kill
the of GERS that he succeeded in escaping from their Ar
rest ran into the ver wherc armed with knife he d.
Glazed h. would not be taken alive and hs, the officers
seerC this % le his determination, gave mp me attempt
70 recspiure him. and came away and thar ot thrse acts
done In obedience 20 their writ they had been falsely
charged with riot aud assault and battery Toe counsel
for the prisoners having thus shown, they contenlei
case sufficient authorize their discharge, closed thar
case But the Court being informed that number ofre
spectacle persons present who had Witnessed The
Transaction end being DESTROYS u ascertain Wheter the
officers had acted in unjustihahle mannor such A. IN
cal for censure or punishment ordered mo depouons 81
those persons 10 b. taken by Commissioner IN orde'
also 70 ascertain upon what grounds the sworn in0rma
ton as made, ard who the persons prosecuting n,
the deposition OF VIM c Gaide'sleeve' on whose oath
the warrant was founded. taken, It being due 81
that re that be should be allowed % justify himself
for tie course he has pursued In order to obtain this
warrant for he prisoners be had signed deposon STAY
ing positively that the prisoners had commued an Assault
ard battery Kill William Thomas. with pistols, Sc..
with intent TO Xii him. He say- on oath tha1 he was
rot present and knows nothing of he transaction what
ever that he did not see William Thomas that day at all
that certain Joseph Easierlne had told him that man
shot the river bank and was dying aud that 1t
a colorcd man that shot that he immediately
consulted Mr. Collins and after finding out the name OF
OF the prisoners that he then went 10 justice OF the
peace and told him that there had been mon shot at the
liver bank and be wanted warrant that the justice
wrote out information and read TO hun, aud he swOre
otto he tcst 0fhis ka0rledge and bl that he never
wore out warrant against any body before and was
anew business to him. but he did by the counsel OF Col
Inns that he did know the persons who attempted to
arrest Bill officers at that time that he cannot tell
what b. swore before Esquire GO in order TO obtain
the waron; that he die not see the prisoners ne pistols
got all his information from Easterne and amani that
lis interview with them was very briet-done IN mn
ute that he had no belief of what the otlces came
for lis mind being wholly intent on the single object OF
obtaining warrant at that time that he thought
man had been killed by shOts aud made no tarthor
sheriff and told him he wanted 10 execute IT, Nothing was
done on this warrant Some two weeks after this, after
the witness had learned that the fugitive was not shot
and that the prisoners officers, and had made the un
snccessl attempt to arrest the fugitive aft layt was
brought to him. ready written out By Squire Burroughs
ION which this warrant was ssued burroughs had maize
cut the affidavit at request of Messr Brown and Jackson
That was intended when the normaii0nlwas drawn out
that one Kutz to g. but as II was ncOnvement 70
find Kutz the Squire told him il did not make particle
Of difference whether he kuz swore 90 H. ana NJ signed
and sore IN H. after hearing il read That he cannot tell
WHO employed Messrs jackson and Brown hut supposed
II was some person in Philadelphia That he knew nothing
Of them until they introduced themselves to him IA ms
store That came into his mind 20 state 70 the ma
cistrate that the persons claimed to be Mahals officers
making an arrest and finally, that no knew nothing
about any pistol fire arms or any knives anu FORKS or
any thing under heaven
Comment on such conduct Is suporduous 1t is enough
10 say that shows To the Court that while the sane ana
intelligent portion Of the population OF Wltesbarre who
this Transaction and the public prosecutor whose
duty was prosecute oenses against the pubhc peace
have not proper to institute any proeeedng some
thianthopic Individual association, IN Phiadelpnlh
have venturod take the people Luzerne county une
their protection and have been 50 fortunate as to hd
witness willing TO swear to an information Oh inc ruin or
lsehood of which by his account he was utterly e
norant mputng bad motive e. the witness Tor such
rash and i'll advised conduct, think he has suffered
his zeal to his discretion and pleased 10 see that
he now better informed and in his last deposition has
refused 10 testify to that which he has heard by report
from Others and he believes that rumor Is no es
tm0ny
In order TO correct any false Impressions which may
have been received with regard to this transaction we
think proper TO give brief history Of the facts AS eli
cited from the testimony Of numerous and respectable eye
witnesses who havd been examined and TESTIFY not to ru
NOR but to what they and heard.
The three Deputies the Marhal accompanied by two
gentlemen from Virginia, who well acquainted with
he fugitive to be arrested entered the dining Of the
ThGnx Hotel in the morning. about o'clock, and found
the negro Bill William Thomas in the The agent
Of the owner took hold OF the fugitive and banded him
ov or 10 the officers saying "ths is the boy require you
take under the warrant the officers proceeded 10
arrest him. telling him they United States officers
violent struggle eDsued the landlord OF the hotel VINO
was sitting his breakfast got up and went around the
table, and said Bill give up there is no use n resist
Bill called for his pistols The landlord attempted 20 get
hold Of him Bill made pass at him, 70 hit hun in the
face but missed it, and struck him on the shoulder The
officer ATTEMPTED to secure him Of them seized him
round the washe was thrown on the hoor but rising
with them he obtained possession OF carving kniie, and
attempted stab Mr.. Settle who had come 70 the assist
ence Of the officers. This blow was partially warded
off by another person, 30 that Settle was struck with
the handle instead of the point Of the knife on his
elbow ard disabled from rendering further assist
a1ce The knife being taken from him. the officers
endeayored to secure the prisoners hands with shakes
handouts but succeeded only IN getting them on his
right wrist when Bill struck CressOn Of the deputies
over the head with handouts nctng cut his temple,
and stunning and disabling him for a time. Bill was
a. ain thrown down, the officers in vain attempting %
secure his hands with the handouts; Bill rose up with
them and seized table knife and wounded slightly the
hands Of Jenkins who held him around the waist Tbs
knife was vrested from him, and likewise fork which be
had seized. While Bill had possession Of the carving
knife and endeavorng stab the officers some
cried out 10 them why don't you shoot him., one Of
them answered. 90 We don't want dead negro DO not
" hurt m one Of the Witnesses said be fought desper
aiely and endeavoredto Kill them He made his way 10
the door at length with two OF the officers endeayong
hold him. and finally released himself from them, and
aped and towards the river The officers then said
they would try brighten him, and fred OF pistols, but
did not point the pistols towards him. Bill waded I
INTO the river some furnished him with large 4
knife The officers then dispatched messenger for the
Sheriff who refused to render them any assistance. Bis
othes were much torn and considerable blood had been