The national era. [volume] (Washington [D.C.]) 1847-1860, 1853-10-13
JUDGE GRIER.

Soon after the transaction at Wilkesbarre
in which Jas. Cronin, John Jenkins and Geo.
Wynkoop deputy marshals, so called attempt
ed to arrest VIM. Thomas as a fugitive from
service and fred their revolyers at him, they
were arrested on a warrant issued by Gilbert
Burrows, magistrate of Wilkesbarre on the
action Of w. c. Gildersleve, citizen of that
place. The Warrant charges them with riot
and an assault and battery, with an intent to
kill. A petition for writ of habeds corpus was
brought before Judge Grier, of the Supreme
Court, October 4th, with view of securing
the release of the deputies, and shielding them
from the penalties Of State laws fhc follow.
ing report of proceedings we copy from the
National Inteltgeneer If correct, instead of
styling Judge Grier an Independent Judge"
as the Inteihgencer does, we should say that he
is disgrace to the Bench-a second edition,
though perhaps an abridged one, of Old jeff
reys:
Mr.. Jackson, for the high constable of
Wilkesbarre, read his answer to the court in
which he admits that he held the deputy mar
shals in custody, but alleged that he did so by
legal authority, having arrested them on war
rant issued by Gilbert Burrows, magistrate
of Wilkesbarre, on the action of VIM c. Gil
dersleve, a citizen of Wilkesbarre
Judge Grier. Who is VIM c. Gildersleeve
Marshal Wynkoop. Your honor, he is m
Abolitionist of Wikesbarre.
Mr.. Jackson. He is a respectable storekeep-
er of that borough.
Judge Grier Was the assault and battery
committed ON him
District Attorney Asbmead No, SIR he does
not allegs it.
Judge Grier Oh, oh
District Attorney Ashmead said he would
now read the petition for the h0beaS corpus.
The petition sets forth all the facts of the case
from the moment the claim was laid before
United States Commissioner Ingraham up to
the present arrest of the fugitive and the SER
vice OF the warrant on the present occasion.
MIR. jackson replied. He said that the law
did not authorize the officers to execute their
process IN riotous manner as in this case.
Judge Grier | shall take the facts set forth
in the petition to be true, unless the other side
wish to offer testimony.
MIR. jackson then went on to argue that the
act of Congress had no reference to acts COM
mitted against the laws of State nor could
the United States interfere to prevent the exc
cution of the laws of a State
ID. p. Brown followed on the same side
Judge Grier. take it for granted that the
facts set forth in the petition are true and |
shall rely upon them unless they are shown to
be false.
Mr. Brown We rely upon the warrant of
the magistrate issued upon the oath of citi-
zen.
Judge Grier. If you deny what is set forth
10 the petition, will hear the facts in the case
! will not have the officers of the United States
harassed at every step in the performance Of
their duties, by every petty magistrate who
chooses to harass them, or by any unprncpled
interloper who chooses to make complaints
against them for | know something of the
man who makes this complaint The laws of
the United States are binding upon me, and
will not take the warrant issued in this case
as sufficient to hold these officers
Mr. Brown. Your honor will perceive that
if murder had been committed we would not
prosecute in a United States Court for it,
Judge Grier There has been no murder
committed here They were acting under a
process of the United States, legally issued |
shall act as if had the evidence before me-
unless the other side are prepared to deny the
facts set forth in the petition. In that case, |
shall put the matter oh, to give them chance
to submit their testimony. The officers, sup
pose, arrested the fugitive, and he resisted
they then used force to hold him in custody.
Mr.. Brown. We deny this We say that
he did not resist, and that he was cruelty
beaten. We shall show such case Of bar
barity as will appal your honor.
District Attorney Ashmead Ia every ma.
gistrate in the State numbering probably two
| thousand, to have power to issue his warrant
of arrest against the officers of the United
States, upon the Intervention Of any interope,
who who has the hardihood to swear that Tn,
officers exceeded their authority? If this is t.
be the case, the Marshal himself may be ar
rested under their warrant for an alleged i'm
proper exercise of his duties, or eyen the Judge
of this Court or United States District Attor
ney may be subjected to the same annoyance.
Mr.. Brown. Your honor, there was no re-
sistance at all We put our case upon the OK
cess of authority on the part of the officers II
your honor is determined to 20 behind the
warrant of the magistrate, we ask to be per-
mitted to show the facts in the case which will
be found to be of the most horrible character
| District Attorney Ashmead asked that the
officers be discharged from custody.
Judge Grier IL this man Gildersleye fails
to make out the facts set forth in the warrant
of arrest ! will request the prosecuting attor-
| ney of Luzerne county to prosecute him for
| perjury know that the United States have
| a limited authority; but where they have it,
it Is clear, undoubted, and conclusive, that
| theirs is the sovereign authority. II any two
penny magistrate or any unprincipled inter-
| loper can come in and cause to BIO arrested the
Ulcers of the United States whenever they
| please, it is a sad state Of affairs. After the
man against whom the United States warrant
WAS issued has run away, some fellow inter
venes, and runs to State Judge for his inter
ference, and has the United States officers ar
rested. There was a case recently Of this kind,
and to that ! now alude. IL kabeas corpuseS
are TO he taken out after that manner, ! will
have An indictment sent to the United States
grand jury against the person who applies for
the writ or assists in getting it, the lawyer
who defends it, and the sheriff who serves the
writ, to see whether the United States officers
are to be arrested and harassed whenever they
attempt to serve process of the United States
speak Of what is daily done to thwart the
United States in the exercise Of her lawful au.
thority ] will see that my officers are pro-
tectcd When will you be ready with your
proofs in this matter, Mr.. Brown
Mr. Brown. This day ono week.
Judge Grier. Then upon that day will
hear your proof
The case then went over until that time
10 tie Editor of the National Era.
W. naad nm I,dannn2 ant na,nocrat;c Nm mr.