The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-01-15

AFFIDAVIT OF xEssRs. ARBuoKLE AND COCHRAN.
Stah of Pennsylvania, County Of Ere, 90;
VIM G. Arbuckle and John r. Cochran being duly
sworn did dsposs and that they have heard the
going affidavit of VIM. B. lowry read; that they we're
present with him and others In the Office o, Thom pson
Grant At the time referred 10 BY raid Lo-ry in his aft
and that the facts therein stated TO have taken place
said Office BY him correct and true they Ia
position that they heard and saw Whatever was said
and DONE and that nothing said and done from which
contempt Of court resistance to its OF could
be inferred, and that Mr. Spreul the deputy sh
WIN ARBUcKLE.
]. R. COCHRAN
Sworn to and subscribed before me this i2th day Of
January, 1854. BENJAMIN GRANT, U 5. Com'r.
AFFIDAVIT OF MR.. GRANT.
State Of Pernsylpdnid, County Of Ere, IS
Benjamin Grant, of lawful age, citizen Of Erie being
duly sworn saysrhAt on the evening" OF the otn day Of
January inst QS54 about eight O'Clock Mayor Kios
was in the office Of deponent In Ere soon sfter, or
while sitting there, DR. Ira Shsrwin accompanied by
D.. sherwin said he was under arrest By Deputy 8
Marshal Sproul, on an attachment for contempt Of
court; the who entered with Dr. said he
. conductor the Western Railroad and ~ the
quest OF Mr. Sproul had taken eharg OF Or. Shsrwin
that Mr. spioul WAS back with Gen fitzpatrick, but
would be here; In few minutes John jack, Gen
Johp fitzpatrick and Archibald Kirk parics either spgy
together, entered the Office, by conduct
SEs or S, other Ts0.d the ssso wit.
buckle and perhaps Others stepped into private room
for consultation; defendants Fitzpatrick, Kirkparicx,
Cleveland that they aware that there strong
feeling against them and all citsens 4 Erie, and they
to 70
did not wish TO be taken through Ohio Mr. Lowry said
be old not know whether thu .rhal had right to take
tho teendapts through another State but whether he
had he conH dent he would not do IT, because
that Marshal Frost ha said to him and others that
attachment other proeess Issued for citizens Of
to Pttssurg; previous TO the coming In Of Gen. Kill
pAt'itk Mr. Lowry had drawn request 10 the Dsputy
AsSak ut all fha AaHa, To-
vsnia and efe.irg to guarantee their atendsnos at
III sburg which signed by large num- Der Of cits-ns
while he absent Mr. Lowry said: List 1T bs under
stood that attempting resist the language Of
he paper have drawn be considered harsh and be mis-
Uptsrstoed will write another that motives AMI
sn ionf be clearly hnown that II is not Intention
to resist any mandate Of the court or to ask Off
violate his duty;' and DINGHY Lowry wrote
second papsr which alse ly signed these
ne showed to deferd.n ts it was said by
present that Mr.. sproul had come, and he mmsdi
him; he said he could not consent 10 tbs request; he
Was tsid' both S{ M. Lowry and Mayo, Kps, that
for the citizens Of Erie they should be psrmit
ted to go through Pennsylvania ard he wa.
fendsnts and take them into the st, II Ohio that
they were ready t. go that they han dispo ioB TO
escape or avoid going thai thew had koo~n that the At
tachmens awarded ten twelve hours sefoe and
had ade NO attempt to escape; Mr. Sprou st dscned
acceding to the request aie his orders imperative
the easiest and best but said II he could induce the
defendants to lie should have TO make rsur that he
had been resisted Mr. Lowry then iniignantly spoke
and sad, Mr.. Sproul, you shall OF be permitted
make tuch return hsse men intend to CO. viii and
shall go; they will go if have to carry them
heads they only make this request be permitted go
through Psbns yvaniA and If that ia DENIED them, they
will go any way you may direct" deponent ,hsn sug
g.ste that the reads were good and defendants and M
u could leave the stage together In the morning. Mr.
Sprou asked what time the left answered.
at O'Clock he then asked II defendants would leave
cd that they would and turned 10 them to confirm his
answer which they did, II was then agreed And undsr
stood that all parties were to meet At Bo-ns hoei IN
conveyance to Ptsburg when all separated aud started
depoD nj supposed, 70 their hom.s hotels mutually
satisfied teponent believed, and still believes; the
parties d. ring The whole stood round small
BILE in deporents private office he thinks he beard and
all that done In the ROOM and 60 far a.
ieponent heard uothipg said dsre from
which an intinaton could be drawn that resist
Anc-, objection to defendants going to Pittsnurg
NEWS hesriue, anc Mr. Lowry, Mayor King, George j
Morton and others told Mr. Sproul At the commences.
neIt Of the conversation that they did not wish
tenc to interfere with his duty officer OF the
court thai he should not be moesed prevented from
pero ming his icsl duty, but they did rtquss. that
he Defendants rht MD be rmittsd DAYLIGHT
and p1s through their own State and not dragged
of Ike fs Ia the night tpecAl train rough
thsr st.'e ard be surrounded BY lot Of railroad em
yes with whom they did not wish to associate
he> hAo been guilty OF crme and this could
b~ an ed sithoot any interference with his ot
uomou, kuu rs retpestt Ole cltlIcn5
A. tho c tIuy ahord' were. curing ths tins In the
fTont cfhc-, sash ard all Of whom EXPIRE ed wish
Ire asno~t OF the court should be oosys; but also
xpress~d d,sire that tie def.ndants should % per
i,;.d to rave In daylight and 60 through Penn vlaniA
= The beat OF ceponeLs kno sledgs and ecoc there
otbpg like ress,a intinsted aud Mr. Sproul
isAtsd Indy and respectfully. BENJAMIN GRANT.
sworn to. and subscribed before vi. iah dsy O.
%. uary 1894 3. MksNIN SMITH j L,
AFFIDAVIT OF MEssRs. kocH AND DAVIS.
STATE q 4 csnsylcantd, County Of Erie
B-fore the subscriber. comm ssoper Appoin Ted BY
the Circuit Court of the United States the Western
district Of Pennsylvania, personally appeared A. W.
Davis and Ae.es Koch who, after being duly sworn &C.
cording TO law, did depose and say, that they we're
present At An interview between B Lowry add Mr..
Sproul Deputy Marshal for the Western drtrc.
lvsnia on tie morning of the seventh day Of January
inst between seven and eight oclo,k that they
heard Mr. Lowry tell Mr. scroul thst Dr. shsr win aud
ia cks we're men n the city and that Kpsrck and
Krky airick soud be there in few minutes; that Mr..
Sproul expressed himself being well satisfied with the
Kind and gentlemsniy treatment he had received from
wsud proceed In the stage and that the said Kpatdck
KIRK patrick, shrvin and Jacks, might to Pttssurg
by Monday evening that to AL this the
said Mr. Sprou not only his consent bat that he
expressed his entire satisfaction with It TBS said DE-
others rs named above cid stat in the direc
ton Pi.sburg in short time, In purraaoce to the
above arrangement and that when they were about
10 start the prisoners were informed that aica
had received by citizens Of Erie from the city
counsel Who were then in Harrisburg by telegraph stating
east Re I'D had os ed to have ali proceedings against Kill
patrick Kirkpatrick Jacks, and shsrwin FOR contempt
OF Court discontinued provided the city authorities OF
Erie ard the Road mini sioners Of Harbor Greek would
yield certain legal rights which they believe they
fess and that prisoners all sa ono, We can compromss
noth & tie whole matter u n the hands Of the courts
of our State and Of the United States obey all the orders
OF the courts" and tnat with these declarations the
prisoners started for Ptburg and these Opponents far
ther say that they have frequently heard Alfred King
and " 10 wy speak before the city ccunss, and at
public meetings. and that they have always heard them
speak in the strongest language in favor of resisanoe
the mandates OF the Circuit Court ofths United States
and not only ed resistance but advised the people
to treat the Ulcers Of said Court with courtesy and re-
spe,t. DAVIS;
sworn and subscribed before me this 18th January,
1854. BENJAMIN GRANT, U, Z. Commissioner.
AFFIDAVIT or Mr.. SCHNEIDER
STATE Of Pennsylvania, County If Era IS.
Before the subscriber, Com missioner OF the United
States for the Western district OF Pennsylvania psrson
ally appeared Frederick Seine der citizen Of Erie who,
after being duly sworp did declare and say that the
goth day OF Deceu Der ult he in Cleveland II
expected in Cleveland that the United states Marshal FOR
the Western district Of Pennsylvania would pass through
there with citizens Of Ere nader arrest Deponsnt