The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-01-23
TIE RAILROAD WAR AT ERIE.
Trial or James King, Mayor OF Eric, and w.
b. Lowry, at PittsburK.

Trial OF James King, Mayor or Erie, and w.
b. Lowry, at PittsburH.
CIRCUIT COURT OF rHB UNITED STATES.
From the pittsburs Journal Jan. 30.
Court met yesterday at 10 o'clock. Mr.. Stanton
moved that W. b Lowry and james King be COM
mted for contempt of court in resisting and restrain
ing tie Marshal in sIrssting Ira SherWin, John Kill
patrick and others.
Mr.. Sprou, Deputy Marshal, testified received
wrs of execution on the 9th OF Jsnuary went by way
OF Cleveland to Erie; procured assistance In Cleveland
ard Erie went withis mile of Erie; went to the
house of General Fitzpatrick; told be not a.
home; was told Archibald kiIkpat lex was not at
homes went to Mr.. Sher wis, who was not at home
nj the time but soon arrived; ther win sa1 he would
20 with re; i tod him had attachments for Kirk.
ps,rick, Fitzpatrick aud Jack; he wanted me to let
him rem in until the rest were readyi u en- proceed
ed TO Mr. Jacks; met him near tie house and told
bin hal sd attachment for him and that he would
have to go to Pittsburg with me; he said he would
20 with re; Jack wet into the house to change
his clothes; we then went to Dr. Sherwins; met him
al the door with baggage In baud after thst drove
on TO Mr.. Klrspatrlcks; met him at the gate before
the houses teld him my object said he would go with
me; he went into the house to see the family / then
went to see Fitzpatrick, who was at tavern
near by; Mr.. Fitzpatrick said be wished to see his
Iaoher before he would 20; then agreed to 90 with
him; the rest said they wished to go to Browns
Hotel in Erie; they went in charge Of Mr.. Reynolds
one OF my assistants; Mr.. Fitzpatrick and arrived
in Erie about ten O'Clock; had train in readiness
to take them to Cleveland, thence to Pittsburg;
when Fitzpatrick ard self reached Erie we found
some tw enty five or thirty persons in Office aad to
be Mr. Grants saw Messrs. Smith, wper, Sherwin
and Lowry thele; the first person met when ! went
into the Office was the Mayor, Mr.. King; King
wanted to know what was going to 90 with the
prisoners; ] told him was going to take them to
Pnsburg, tie nearest aDd mot favorable road; he
seid the people would not let them 60 that night; he
then ssked me TO go into another room; did so;
Lowry came to me in a shor time with two papers
in his hand (These were two letters or obligations,
erected TO Deputy Marshal Sproul, in which King,
Lowry, snd some fifteen others, agreed to become
responsible for the ap earance OF the prisoners before
the Circuit Court OF the United States, 10 answer
certain alleged charges OF contempt Lowry said they
must not leave town that night; said If they intend
ed to resist would not be able to take them; King
said no. they did not intend 10 resist nut the people
would not let them be taken; kirkpatrick said he
would not go that night Others in the room said
ID if they should go that night; they agreed to
meet me next morning at eight o'clock.
Cross examipation-I left Pttsburg for Erie ut
Dire o'clock on THURSDAY evening the same day on
which the court made The order; A M. Reynolds
went to assist me; gave him no written deputation;
told him what wanted him for; Mr. Reynolds said
he was q contractor on railroad; had no parti-
cular reasons for appointing him; did not know hin
well; got acquainted with him at Erie; did not know
where he resided; had two other assistants Messrs.
Richardson and Pierce; got Mr.. Pierce in Cleveland:
don't know whether he is connected with any rail.
road or not got Mr.. Richardson in Cleveland; took
him along; never bin before; understood he was
an Eastern man; resides in Massachusetts,; had no
particular object III ng bin; gave him written
deputyship told Inn TO go with me: George Lee
went up with me from Pittsburg as deputy; knew
bin before, but had no particular object in taking
him; saw him in the court room and told him
to come with me: knew HIN in Erie before;
knew he had been in Erie on one OF the roadg;
we reached Cleveland in the morning; left Cleve-
land at nine O'Clock; did nc. stay there more TIL N
one hour; think we arrived at Erie at two O'CLOCK;
had but four deputies with me; stopped about
one mile this side n Erie one If the assistants had
carrisge ready; did lot GO Into Erie at ALL we drove
to Mr.. Kilpatricks house. but aid not fiUd him in;
when we reached Erie, / saw South and Lowry at
Grants office; said bad attach nents to take Kirk
patrick Fitzpatrick Sherwin and Jacks, to Pittsburg:
told them would take them by Cleveland; King sad
the people would not let me take them they wished
to go TO Pitssburg through Pennsylvania; some of
them wanted to know If had a right TO take the
through Cleveland; told them thought had; King
thought so too; said / would take them the most
direct route; did not tel them tie writ instructed me
to take them by Cleveland; they said they were viii
ling TO 60 through Pepnsy lvania; did not say they
would furnish the means to go that way; wished TO
know If they intended TO resist; King said no;
remarked fihey would resist, sou not take them,
and would have to make such return; Lowry told
ne not 80 make such return; they said they
would 60 10 Pittsburs, but not that night; l did
q hear them FAY, all we ask is that you take
Is through Pennsylvania; told them there
was no direct way; they agreed TO meet
ne at eight O'Clock in the morning a..
Browns Hotel: could 90 TO better; when concld
ded Lot TO go through ONO dismissed deputes
I'D not tell any person in File that had made any
sereement with prisoners; prisoners told me in the
morning they had private carriages, and they would
meet me in Meadville; | did not wait for them;
went CD TO Meadville; prisoners met me at Mead
vile; arrived there about fifteen minutes after | did;
did not tell Kirkpatrick that he'd made arrange
ments to take them on in stage; saw Mr. Jacks in the
orning: he did not say to me that the rest would
be along in few minutes; requested should let
BIN come with tue rest; gave him permission to do
so; Lowry and were on good terms wnen we met
in Erie; did not complain that had ample time to
serve attachment on him before going to his honse;
when went to the house Mr. Lowry was not ia; told
Mrs. Lowry to inform Mr.. l.. j had been there; did
not know anything Of Mrs. Lowry's illness; did not
hear Marshal Frost ask Lowry as TO his wiles Ill
health. Witness said ne had been at Erie five times
in regard to this matter; old not know it was dan
gerous 10 take prisoners through Cleveland.
Geo. W. How, sworn reside at Erie; am con-
ductor On railroad: vas in Erie 9th Of January; was
in Grants Office at the time prisoners were there:
was at depot at quarter 70 O'Clock; came down
from Harbor Greer; rode on the outside; went to
Browns Hotel; staid there few minutes, then
went to Grants Office; saw King, Arbuekle, Lowry,
Morton and some thirty Others: Lowry vds writing;
ssked ten or fifteen TO sign paper; they signed 1t;
Lowry sale he would write another to eyale the Ia y;
the Sheriff said the deputy marshal had no authority
to appoint aids; said there could be oae hundred aud
City men raised before morBtpg ID resist them;
Lowry there at the time; several said they should
not 40 that night; remaired III Office about hour;
much excitement prevailed.
Cross eXa nination-Reside in Erie county; joined
parties at the depot: met Reynolds Richardson,
Kirkpatrick Jacls and Shermin,tlere Mr. Jacks was
put in my custody either SIR. Pierce or Richards
asked NE to assist them: went With Jacks to get
hat; we proceeded 10 Grants office; saw q paper,
sigl ed by several persons: think Lowry said we
VIII write two articles, because this may appear dis
respectiul this was done after the irswas signed;
did not hear Lowry say they might go or thst they
would go. ii permitted to go through Pennsylvania
Aiva III. Reynolds sworn-Lve in Vermont; am
engaged in rallruaG business; In Erie on the 9th
Of January; was in PI,tsbury when Mr.. Sproul re-
Que stei me to 20 TO Erie; when we went to Grants
kirLps trick objected to going by Clevelaud said be
would never 90 four foot track unless he was
caried over cold; after 10 TX prisoners, despatch
WIS sent 10 Ceye nd that night; had ado prepara-
TORS for taxing them 70 Cleveland.
w. +. Richardson. sworc-Reside in Massachu-
setts ON not employed on any railroad was IN Ere
On the 9Th Of January; was requested by Sproul to
20 TO Erie with him; went TO Harbor Creek Witness
testified that Lowry cane into Grants Office and
IT. ~. l.. Ar,na azrL H..