New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-09-03
nm WffELER ALhyE CASE.


elm. mil ~.
Az, W.bssef ,enafbad b,ai bA though tis faets ~
L.T ,ts,ed 4, Lis ot,.fisg hal been eDuobJfasf b
t. ,yds,en Fisl Whseer only iDisffarsd W save tH
o,,.,s sf bic family fo'n jsierfsfthca 90 tbe par
'I, ,ooL ,i,si vas earring them away u vassbiZh
5000 o.,,.,o n, which Tho history 6f ths country
49, ~, ,,, 80, cou, Try that is civilized county he
oo u,eesJent Mr. .Fbseler was The ca'mes' OF t1'
assembled crowd Ito had Ofiers NJ assistance nc re-
plisd that " The lava VII g'vs |'' ~, 80
Trusted In the supr. mac Of Tho hss, aud the conSe
onet co of your verdict vi either add 10 our lame %
I. nd 10 our d.e c. Alu ting 10 NE Character 0, or
Wheeler m Minister, ho sa " hf W han VIC .sut "
tansii with all bis property, no o." 81 TnI vua
,c,,, lie referred 10 tho C, &c OF Ir. Sous having
beon stopped a, Calais by the rcpch government an
the demand Of Mr. Mason, the Minister to rrancs 'or
an explanation Of the insult the, ouetea 70 our NM
ter TO Spain, arguing that the present was even
stronger case la case of riot II only necessary 70
den .fy the perties participating IN te matter no,
altogether but with common des1 IN o. breakng inc
peace. The learned counsel read - ,ehsn "yu'
authorities to support his position ne saia n''
Wheeler would have been perfectly nstihed ID WIN
holding the persons Of the slaves and retaining them
in his seryce even by force. The law q nations docs
not apply as between the States OF the t'oh iheie
are two kinds of the law of nstiens-the ufst we may
call positive laws and the second law tCayentionai
law of nations He read the Law Of 1850 Of me Penn
syyania Legsla .ure and the act OF ls47 II cOnnec-
ton; arguing that the only effect OF the Lac In re-
peang the law of 1850, to nullf some OF "a pro
visions. The right to ABIDE here rifA sfdres HS re-
pealed but The transit right not repcaled ke ar
eued for Mr. Wheelers credblity. Mr.W. has believed
In q becoming manner-no difference has occurreoi 10
his evidence and that of several other dslnteresed
Witnesses He objected to the reception OF the womane
lanes, testimony. She was even on the verandah
with a negro woman alongside Of her, and she said
nothing of ibertyshe did not assert her right to free
dom at the time of going on the boat-she sst quies
willie the mep colored and white urging her to
90; .he said as heard by Mr.. Smith, who comes from
N.y-York TO testify only from sense OF Justice, that
she wished to 90 with her master. Tie urged that tue
IL. alt alfa-
woman testimony, Jane johnson Is enureiy unrena-
Bile and not in any to be beteved aud was very
severe in his remarks in rela' On to tue objections
tending to the credibity ofte" ness Inc testimony
OF the other witnesses the viewed by tue cou-
sel for the purpose of showin ma. the object OF the
persons enga aged in this aifa was to create not
The charge of assault and battery Is clearly
proved by several witness Dot only the mere oreacn
of the peace, but also that MIR. W heeier was most
foully treated in his own person. Ihe counsel then
mentioned Mr. Craters testimony, aud defended this
witness from attacks which he supposed might De
made upon him by the counsel for the defense. lie
also defeI ded the other witnesses ior 'he
and handled the witness for the defense quite severely
showing discrepancies in the evidence lie reminded
the Jury OF the importance of the case that they had
the of Pbilsdelp ha IN charge and couid
keen for her the name she bears, that OF law
abiding cy-that the world may know shat In Phiia'
deli hia at least we have law and honor and justice
Wm s. Pierce Esq., addressed the Jury on oeaah
of the defendants he read from the act OF l7s5 Mr.
p claimed as an objection to the bill OF indictment
that there was only statutory oense charged therein
and therefore the definition of riot at common law
did not apply to the as
IL DENYING the charge of riot, stating that even II
disturbaLce or any other breach OF the public peace
whether in its ncpency or 10 its grsndest execution
did occur, it was Col Wheeler 8 OVID laaiI, ana no
was the cause of it, TIE men, the counsel said had,
even if they did seize COL Wheeler, only done so 70
prevent his drawing weapon-this 10 the Colonei
own evidence. He said there was no query except
4 Cd thA fonf hat
Capt Heath, Mr. Myrtle and Others, standing on the
lower deck heard nothing ofdisorder until the gangway
had been reached and the party was gong ashore,
though the riot is said to have occurred on ne upPo
Seck The learned counsel eloquent in his denunca-
t;on of Slavery He did not charge Col w heeer WIN
violence to Jane. He might be tue best ana most
,misble of masters but that was not the question
The Colonel might have ded, zane wou'd pnen NC
10 nav for the administration OF the eetate she could
have been sent to Texas to the nee heds the cotton
plantations the sugar estates OF the South-t was
then no wonder that although Jane had good master
che wanted to leave him. The counsel was quite
earnest and eloquent in his review OF the relations OF
the North and South He contended that the Union
was not in danger-that il was not worm preserving
If IL did not protect all its Citizens even from the
ravaqes the General Government is trying to niict
upop the inhabit snts of this country. Aluuhg 10
the Christiana riots, he censured Judge Kane with
some yehemence. He charged Mr.. Wheeler with
being here by the instgation OF the Government OF
the United States and for the purpose OF aiding the
govern ment catching negroes TO eoncate tne oouth
Mr. Pierce then referred particularly to Custs one OF
the defendants contendDg that he was identified by no
in the whole course of the proceedings, and that
from other evidence he could not be of the men
who held or assaulted Col. Wheeler. You can now
Judge OF the merits Of the case, said Mr.. P contend
the offense was not riot by the statute there was no
terror In short Gentlemen Of the Jury, To- adopt the
words Of the Commonwealth witness" taere Das no
not" You won't throw the South into hts by YER
dict OF not guilty. ask you to say that these men
only in the worst aspect Of the case, desired to give
the woman choice and give her fair play to exercise
that choice With lengthy review Of Jane Johnsons
testimony Mr.. Pierce closed his pleading.
Charles Gibbons, Esq, then addressed the Jury tor
the defense This Gaze, he said was attended by very
REGULAR circumstances recOuDtiDg the events attend
ing Mr.. Wheeler's 91w~l with slaves who he even
claimed TO bold PenDsyl soil, where al are
free The woman thirsted for hberty-she mcde her
desire known-these men, il you please, acquainted
her with her rights. 1.-THE head and front OF their OF,
+" Tending hath this extent, more" He reviewed
the of the habeas corpus issued in rea-
ton TO there men time since. Mr.. Gibbons rsii-
culed the idea of the Government being nsuited De-
cause Pompey took the gallant Colonel by the arm
ard Caesar told him to knock chipirom on his hat
I propose 10 speak LIST of Col. Wheelers position
I ere 2dly. To the position Of the defendants here
lat Col. Wheeler was lawyer and he knew by the
laws of Pennsylvania his slaves were free when
brought here II is fair matter OF Inference but the
Coloi el proves il by his own evidence. Mr.. Gboons
ouoted The evidence with many striking comments.
Mr Gibbons refned TO the act OF 1850, the law max
iLg Pennsy wanna free State, and the law repeating
it, coDtendDg that the night 70 BRING slave nere ,o
spy time whatever, even ~ traHsnu, was abrogated
by the law.
From, The Philadelphia Bulletin, Sept J.
After the conclusion Of the summing up and speeches
judge Kelley charged the Jury as follows: