New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-07-30
THE WHEELER STAIRCASE.
ForR CoLoRED MEN ARRESTED.
-, ra. phl.f.llhla Ersring BaII.tIa. W q

-FOUR COLORED MEN ARRESTED.
F,o,. The Phasselphia Frs-ing Bsqetil Jgiy g.
John Ballard, William Custis, James ! Braddock
James Martin and Isaiah Moore, the for eoorei me-
arrested on a charge of participating in the Whsels
Slave rescue were before Judge Kelley this ,noruiei
OF writ of habeas corpus. These men we're charged
before Aldermau James B Freeman with assault sal
battery. They wen held by the magistrate IN Se~
each TO answer The CHARGES against them.
The case of John Ballard, alias Rabbit, was srs
called.
Col. Wheeler was called and sworn-IIe then =
peated tire evidence that has already been pubshA
lie enid that Ballard was proscnt and caught HIN b
the arms rudciy; he Ballard, said that II resisie
thew would cut my throat from ear to ear.
Ire witress was cross examined oy Mr.. Perce, AMI
in rop, 10 bis questions, sad;
The persons accompanying me were my slaves IN
der The laws of North Carouai they were accompt
nynp me voluntarily through free country 10 AHA
country | was gong 10 Nicaragua as Minis or troa
the United States; these servants were never win u
IN North Caroius q ey lived with me irlng zoe PN
wear IN Washmgioni they were never WIN IN Nora
jnro'ira: 1 SAID they were my slaves under the la
nj North Carolina because ! am citizen OF hi
State; got thom in Virginia; they were slaves then
have owned them some fhree years believe; oM
branches of the family are owned by my family; u
nsne of the woman il J4ue; in the South slaves 20
erallv take the irnGme of then owner presunes u
,yonfi he known ~ Jane Wheeler; the boys are s0u
10 or / wears old respectively | 30 not know ha
prt ere age; the youngest was out az service w
vears; Nicsrelun is free country was eHYig
Them as free people as my family. rhe witoess hes
explain ed II at be mer' by Tree people was that nj
wet OF their own free Will
The question OF the commission OF highway roboeT
BY the defendants was here mooted District A'ofng
Mann abaI don,d that charge, saying that the coTg
OF III. hway robbery III the case was simply aosuru
der the laws of Ptnnsyvania. Mr. Wheeler remArsa
that The servants had property OF his with then,
mn hrella af d other articles.
Question by Mr. Pierce" DO the laws OF Ncafsgu
alOw The importation OF slaves tI
Mr. Mann objected TO he question.
Mr.. Pierce rel Piled that tie action IN this cse oN
hitherto been based upon the ground that the parts
were slaves He desired to show by the wines ms
tits purity was being taken through the Free sais
PENNSYLVANIA the Free state OF New-lo K, there's
set sail for Nicaragua. and that rs an embdssador
would not break the laws ofthe State 10 which be W.
ACCREDITED.
Mr. Mann eontended that Mr. Wheeler was not
ompstent witIess az to what we're lie laws Of Nc
ragua. Ihese people were bis servants, whe herIs
bond apd he had a right TO protect uen, anat
his re ht he had beer deprived by the defendants.
TIE Court sustained III objection on TIE gro1
bat Mr.. Wheeler was not competent WITNESSES
he ltws Of q foreign State. -
The Di,trict-Atioruey again remarked thathe
abandon ed the charge of bighwa, robbery, md 1s
the binding over On that charge was simply nlcuoA
The cross examii alton gas then RESUMED
| first saw Ballard on the boat The wnoeug
|
wbor he threat. ned to cut my throat was proyoiA
RI tho time but not excited; was as cool as sne
ths moment; | am sure he had hold on me; heba
hold OF my arm evidently supp0sing Was aOoain
draw q weapon; had no weapon apOut me excE
eucb ss God Ami, hty gave me-my lists dii 81
could TO prevent my property being taxed sway no
me; laid my hand on tie shoulder OF the woman ~ 4
said "Jaue you know you have children and ifieaa
al Wa.hngron;' | said THIS 10 try and excite gyms
thy among the penons about to get 'hem 70 el
alone: eli three Of my eervHpts made an oaiayiif
know they halloed murdorl don't know ~dieh
them bollefed The mother saih SIZE knrF whsns
Wa Going. ard she wanted 10 be LET alone; ua
she did not 60 voluntarily | saw williamson ~
hold of ler; she has two children III "dshlnfDni
mas not vet come back; in reply 10 a questoe hw
Williamson Jane said she wanted 10 be free bot ns
she knew whore che was soingi had not po9s
10 make her free; when we went TO my iather'BiN
the servants sent with me- we're not scprrstefSS
time until they were taken away was ca1nonea1
friend in the cars that might have trouble Win y
abolition friends. Il
/ Mr. Price asked that bail in the case be rcdpco
be considered it oxorbtaDt and oppressive
TIE Distrct Attorney said that hlzhFsy 'eo'T
was impossible Undsr the circu Instances ahsu
/ laws of PENIS, lvania and the chargt Dcnnz
/ not was merged in that Of riot. He wOli u'Is'e
/ ark that Ballard be held TO answer the caerse' "
eeult end battery and riot -.
Judge Kelley seid the question presented 70 w
dicie mind war simply ole OF bail Assau1I
]
/ H. The community, and bail in such e'ses wG ~
fixed heavier than ~ 900 In the hremens nos
participants were seldom held in HEAVIER slnss-
bail than 81 900; and in one case, wnefe ,is -.
dragged little arsenal about with them, ana W. 49,
kefr loaded With sugs 10 WI hin an men OF '"O"z
B muzzes for the purpose Of attacking men VPf-s.l
he sciors were ed in 81 900 esc1. he Kne~ S.sn
! Ctber serious instances, not n,cfssaf9 " n.y."
/ wi ere heavier / all not required. .,.,~r
Tie defendants In this we're eyifentJ ~
and It was lot probable that they were yer 1-
eI en or oeeply ski'l-d in in ernaiioDe Ia, oa ~
the rights aud privileges Of ambassadors eD'shs
men The judge IL conclusion. said re saw 49,
in The care 10 iuslif the demanding Of excfDtsa II
ard he would reouce ii : 900. lie woula eA''
boil o.,
The case Of William Gusts was next e'uel 10
Wheeler testified that THE defendant wr oN~ I'd
men who took hold OF him. The bail 10 tpS :
AFRO reduced 10 81 600 .ufs
Capt. Heath, Officer Wallace, aud hr ~
were cal ed and exami ed as 10 the share iD' e
dock, Martin aud Moore took ia the IA y
From The evider CO If d ese men i seeinei ~
bo,s kicked end criel murder a. they ~e.sosla
pa, sed Of the boat The woman, the WIN I'D
held back and seemed unwilling to 90 WIN ,ss Wis
10 the caTriat @ b waiting on Docket Al .eesud
ncsses agreed that there WIS noise OF any gsh,ns
aud very little excitement C-pt Heath ssn ,1s 'bres
was done quietly and quickly. No one ss So" seeon
defendants ast sant d DO anything more 'o"N
paDy the crowd . h.S before
Digricr.A torney Mann said that be ns sa n th
abandoned the charge of highway ro5Hery hat The
case of these three defendants be could nc - were
charge of riot could be slstsinel. Ibere Tive "a
quiet md II did not appear that they "e'0
d pTOceediDgs. 49,, eompt
He thons BIZ tat smother ofanse ba9 ofc;.s, ,bsr
ted. Tire penoCs bel BEN taken on sisv Be
consent and this was an ofense aSen's =. ,ts Do
would ask that the defendants oe "'''