The true Democrat., 1855-09-04
DECISION OF JUDGE KANE.

DECISION OF JUDGE KANE.
 Ihe z. s 1. er ge7. TAeeler gs. Passmore IVIgi0nas-- -Sta' HaJeas Corpus, 2 July, 1855 -Col. John II. Wheeler, of North Carolina, the United States Minister of Nicaragua was on board Il steamboat, at one of the Delaware wharves on his way from Washington, to cm- bark at New York for his post of duty. Three slaves, belonging to him, were sitting at his side on tue upper deck.
 Just as the last signal bell was ringing Pass more Williamson came up to the party-declar- ed to the slaves that they were free-and forci- bly, pressing Mr. Wheeler aside, urged them to go ashore He was followed by some dozen or twenty negroes, who by muscular strength car red the slaves to the adoning pier; two of the slaves at least, if not all three struggled to re- lease themselves, and protesting their wish to remain with their master; two Of the negro mob in the meantime grasping Colonel Wheeler by the collar, and threatning to cut his throat if he made any resistance.
 The slaves were borne along to a hackney coach that waiting, and were conveyed to some place of concealment Mir. Williamson following and urging forward the mob; and giving his name and address to Coolonel Wheel er with the declaration that he held himself responsible towards him for whatever might be his legal rights; but taking 10 personally active part in the abduction after he had left the deck.
 I allowed writ of ha5eas corpus at the n- stance of Colonel Wheeler, and subsequently, an alias, and to this last Mr. Williamson made return, that the persons named in the writ "nor either of them, are not now, nor was at the time of issuing of the writ or the original writ or at any other time, in the custody, power or pos of bo 1,rh I or restrained wherefore he cannot have the bodies" etc.
 At the hearing allowed the relator to tra- verse this return, and several witnesses. who were asked by him, testified to the facts as have recited them The district attorney upon this state of facts, moved for Williamson's commit ment, | for contempt in making false return; 2 to take his trial for perjury
 Mr. Williamson then took the stand to purge himself of contempt He admitted the facts substantially as iu proof before: made 1t plain that he had been an adviser of the project, and had given it his confederate sanction throughout. He renewed hij denial that he had con. trol at any time over the movements Of the slaves, or knew there present whereabouts Such is the case, as it was before me on the hearing.
 cannotl look upon this return otherwise than as illusory-in legal phrase, as evasive, if not false. It sets out that the alleged prisoners are not now, and have not been since the issue of the habeas corpus, in the custody, power or possession of the respondent; and in so far it uses legally appropriate language for such re- turn. Butit goes further, and by added words, gives an interpretation to that language essen- tially variant from ifs legal import.
 It denies that the prisoners were within his power custody or possession ct any time sohat- e0er Now, the evidence of respectable, uncon- tradicted witnesses, and the admission of the respondent himself, establish the fact beyond controversy that the prisoners were at one time within his power and control. He was the per- son by whose eoupsel the so-called rescue was devised. He gave the directions, and hastened to the pier to stimulate and supervise their ex- ecution. He was the spokesman and first act or after arriving there Of all the parties to the act of violence, he was tho only white man, the only citizen, the only individual, having recognized political rights, the only person whose social training could certainly interpret