Kenosha telegraph. [volume] (Kenosha, Wis.) 1850-1854, 1854-04-14
Sueech of C. K. Watkins.


1t Mituedukee.
Ifit be an offence that visited man
in prison, then am ] guilty. If it be
crime to sympathize with those who are
in affection, then | am not ambitious to
appear altogether innocent. 1t is true
that when sent for, | visited q man in
prison. 1t is true when the prisoner
told me that he had been Knocked down
with clubs, bound in chains and dragged
in an inclement night, without covering
upon his head, and with scarce any
clothing upon bis person, to distant
Jail, | did not approve the act. 1t is true
that when | saw the stains of blood from
his bleeding wounds, | was not wholly
insensible to his sufferings aud wrong.
But that | advised him that he could
have fair trial by Jury, or that his case
would be heard by an impartial Court,
l deny. His complexion forbid the one,
and | should have been false to my con-
yictions if had given him any assur-
ance of the other. The onl y consolation
| did or could give him was his right
to the writ Of habeas corpus, and l ex-
planned to him that such writ was a writ
of right writ that the fugitive slave
act had not taken away, and the only
right that was left to a man of hi. com
plexion under his accusation. That by
it he could have the legality of his ar
rest inquired into, and that if pistols and
deadly weapons were the only means by
which he had been taken and was con-
fined, he could be liberated, but that if
these were accompanied by the process
of Court of competent jurisdiction it
would justify his arrest, and that bis per-
sonal injuries were merely formal Incl
dents TO the most approved mode Of SER
vice of it. The benefits of this writ |
vouchsafed to secure to him. II was
applied for against the Sheriff who act
| uQiiy held him under restraint, and the
writ was defeated by the return in fic-
ton of law that he was III the legal GUS
tody of the Marshal. Another writ was
applied forand served upon the Marshal.
To this, according to local precedent,
there was open and ayowed disobedience,
and the prisoner, disappointed, was with
out hope. AS last resort, application
! was made to Judge Miller, and though
too penurious to be entirely honest, too
wilful 20 be ordinarily just, some hope
was entertained of clemency from his
cowardice; but while the latter did not
forsake him, he was not possessed Of the
former, and he refused any inte, ference,
perssting that the Marshall ought not
to obey the writ Of habeas corpus from
State Court, and that he would not
then entertain the case himself.
When this had all TRANSFERRED, l do
now here confess that | did to a large
and respectable concourse of people, state
what of facts | have here stated. | do
confess that indicated the right of the
writ of habeas corpus. That | declared
it to be the great bulwark of personal
liberty. That there was no man so OBJ
scure that it could be denied to him
none SO high as to refuse obedience to it.
That when this writ was put at defiance,
and all obedience to it refused, and all
means had been exhausted to enforce it,
| do further confess that | made pub
lie acknowledgment from the top of a
fenc4 post that | had proceeded in the
law as far as | had any knowledge of
the practice, and that as counsel for the
prisoner, | left it for Others to proceed in
the case according to their sound judg-
ment; and understand that the prison.
er is satisfied with the manner in which
they conducted his case. Now, Mr..
Commissioners, to all this | confess, and
plead not guilty to the complaint, and
shall at all times be ready fJr trial, and
if | am not convicted | shall entertain
at no time any suspicion that it is from
any fault Of the Court.
If | am convicted, when the term Of
my imprisonment shall have expired,
the people will agaiu see me upon the
fence post ready tovindicate the writ of
habeNs corpus as the safest protection of
our prison houses as well as Of the liber-
ty of the citizen.