The star of the north. [volume] (Bloomsburg, Pa.) 1849-1866, 1855-08-02
opinion Of Judge Kane
In THE Wheeler SLAVE Cash

| hhHe.--l ne TWO JucetlOus Vi coutotuPt "
Court and perjury in Passmore Williamson,
| in not obeying the commands of the writ OF
habeas corpus, and in making an alleged
false return thereto, was up for decision yes
,erday morning. Judge Kane delivered a
very learoed and exceedingly able opinion ic
relation TO The subject.
| The U s.. 4 er-reE Wheeler Us. Passmore
Wiliamson-Sur Habcas Corpus, 27 July,
IS55-Colonel John H. Wheeler, of North
Carolina, the United States Minister to Mica
| ragua, was on board steamboat, at one of
the Delaware wharves. on his way from
! Washington, to eihbark at New York for his
post of duty. Three slaves, belonging to him,
were setting at his side on the upper deck.
Just as the last signal bell was ringing,
Passmore Williamson came up 10 the party
declared 10 the slaves that they were Tree
and foroibIy pressing Mr.. Wheeler aside,
urged them to go ashore. He was followed
by some dozen or twenty negroes, who by
muscular strength carried the slaves TO the
adjoining pier ; two Of the slaves at least if
not all three, struggling 10 release them
selves, and protesting their wish TO remain
with their master two of the negro mob in
the meantime grasping Col. Wheeler by the
collar, aud threa tening 10 cut his throat if he
made any resistance.
The slaves were borne along 10 hackney
coach that was in waiting, and were con-
vey ed 10 some place of concealment /; MIR.
Williamson following and urging forward the
mob, land giving his name and address 10
Colonel Wheeler, with the declaration that
he he held himself responsible towards him
for whatever might be his legal rights bul
taking no personally active part in the alb
duction after he had left the dock
allowed writef Habeas Corpus at the
instance of Colonel Wheeler, and subse-
queniIy an alias; and 10 this last, MIR. Will
hanson made return, thai the persons pamed
in the writ, nor either of them; enoi now,
ner was al the time Of issning the writ, or the
original writ, or al any other lime, in the
custody, power or possession of the respon-
dent, nor by him confined or restrained:
Wherefore he cannot have the bodies," etc.
AT The hearing | allowed the relator 10 trav-
erse this return and several witnesses, who
were asked by him, testified to the facts as |
have reciled them. The District Attorney
upon this state of facts, moved lor William
sons commitment, /. for contempt in ma
king false return, o. 10 take bis trial for
perjury.
Mr. Williamson then took the srand to
purge himself of contempt He admitted the
facts substantially as in proof before; made il
plain that he had been an adviser of the pro-
iect, and had given in his confederate sanction
Throughout He renewed his denial that he
had contro! at any time over the movements
Of the slaves, or knew their presen. wherea-
bouts. Such is the case, as it was before me
in tine hearing.
cannot look upon this return otherwise
than as iusory-in legal phrase, as evasive,
ifnot false. II sets out that the alleged pris-
oners are not now, and have not been since
the issue of The habeas corpus, in the custo-
dy, power or possession of the respondent /;
and in so far, ii uses legally appropriate Ian
guase for such return. But il goes further,
and by added words, gives an Interpretation
10 that language essentially variant from its
legal import.
II denies that The prisoners were within
power, custody or possession at any time What'
suer. Now, the evidence of respectable, un-
contradicied witnesses, and the admission OF
the respondent himself, establish the fact be.
yond controversy, that the prisoners were al
one time within his power and CONTROL
He was the person by whose counsel the so.
called rescue was devised He gave the di.
rections, and hastened to the pier TO slimu.
late and supervise their execution. He was
the spokesman and first actor after arriving
there. OF all the parties to the act of vic.
ence, he was the only white man, the only
citizen, The only individual having recognize
ed political right, the only person whose So
cial training could certainly interpret either
her own duties or the rights of others under
the constitution OF The land.
II would be futile, and worse, 10 argue,
that he who has organized and guided, and
headed mob, to effect the abduction and
Imprisonment of o,hers--he in whose pres
ence and by whose active influence the alb
duction aud Imprisonment have been brought
about might excuse himself from RESPONSE
billy by the assertion that il was not his hand
that made the unlawful assault, or that he
never acted as goaler. He who uDiies with
others 10 commit crime shares with Them
all the legal Liabilities that attend on its COM
mission. He chooses his company, and adopts
their acts.
L This Is the retfibulive law of all concerted
- = ;snd its argument applies with pecu.
- cases in which redress and
IRE sought through the
ich liberty is yindicated
aies no language in The re.
qearest interests of life, per
domestic peace, social repose,