Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1855-11-06
Pas.more yviIIiamsOn,s ReIen.e,

cial oppression, one of the most glaring in
stances of the wrestling of the law to pur-
poses of injustice and tyranny, was conclud-
ed on Saturday, by the release of Passmore
Williamson, or the order of the judge who
flung him into prison.
If the incarceration of this innocent man,
against all law and every shadow of justice,
| proves that even under democratic system,
! the private citizen is not secure against arbi-
trary power and violent malice, on the part of
magistrates. his release equally demonstrates
that, under such a system, the force of public
opinion is sure at last to right the utmost
! wrong, and to humble the most bold and reck.
| lese contemner of justice and official duty.
| On the 10Th of August, Passmore William
son was brought before Judge Kane by virtue
| of writ of habeas corpus, commanding him
to produce the bodies of Jane Johnson and
| her two sons, alleged lsves of J. ii. Wheeler,
! freed by the act of their master, and taken
| from The latter's keeping by the will of Jane
herself. who left him soon rs Mr.. William
| son informed her that she had legal right so
| to do. To this writ, Mr.. Williamson made re-
! turn, that the persons required were not in
his custody, and that accordingly he could not
produce them For making this return, Mr..
Williamson was shut up in Moyamensing
prison on the 9th of July, on the ground
that it was false reCurn, and as such con-
temptuous towards the court.
Since that time Mr.. Williamson and his
friends have been necessarily engaged in en-
deavors to extricate him from this unj Just and
illegal confinement. As a matter Of course,
they first applied to the courts of Pennsylva-
MIA, whose manifest and primary duty it is, to
protect the liberty of her citizens against ar.
bitrary and tyrannous violence, from whatso-
ever quarter. The chief justice pusillani-
mously refused to interfere and then, with
great expense and delay, they resrted to the
full bench OF justices, who again, after long
waiting. gave their notorious decision i'll ia
vor of Judge Kane and his right to shat up
men in Jail without either law or right.
Meanwh the universal indignation of the
country expressed through every couceil able
channel, had not only branded this unjust
Judge which stamp from which his reputa-
ton can never recover, but had been felt by
him as a burden too great to be borne Pri-
waite suggestion were given that any reason
able pretext would be adopted for the release
of Mr.. Williamson: and accordingly Jane
Jobnson's petition was presented, but true rs
all its STATEMENTS paipably were, and just as
were all its demands, it was rather too strong
to be allowed AT tie same time, however,
the court took occasion to open the door for
another arrangement. Other proceedings
were had, till finally Judge Kane proposed
that Mr.. Williamson himself should appear,
and take immediate steps for his lberation.-
Hereupon, willing to adopt every means that
should not compromise the truth, or gurrem-
der a principle, Mr.. W lliamson petioned for
leave to appear before the court, and purge
himself Of that contempt because Of Which he
imprisoned.
When this petition was presented, the dis
trict attorney contended that the word 'e-
1, i l L. 81 \
Williamson admit that he was legally incar-
cerated, which, Of course, he would never
have done. But so DESTROYS was Judge Kane
of eXtricating himself from the delestabe po-
sition i'll which he Stood that he overrnled
the proposal and allowed the petition to pass
as it was. Then Mr.. Williamson was to an
swer why he had not produced the bodies of
Jane Johnson aud her children, as required
by the original writ. To this interrogatory
his reply now, was, simply because it was
| impossible" Here again the district at ornev
sought to go further, and compel him to an
swer whether he would have produced them
had it been possible, but this the judge also
excluded, and upon this answer released the
| prisoner.
The case then stands thus: Mr.. Williamson
was adjudged guilty of contempt of court and
| was exen declared by the judge to be guilty Of
! Johnson and her ,ns were not in his custody,
| wherefore he could not produce them.
After being held IN prison for such con-
tempt for the period of three months and one
week, he is at last allowed to amend his for
mer answer by making oath simply that he
did not produce those persons Because it
was impossible to do SC"
With regard to the esstn initial identity be.
tween these two answers, comment is needless.
Had this eclatant act of repentance and
submission been sooner made, Judge Kane
might have founded upon it some hope Of
reganing some portion of those relics of pub
lie esteem which may possibly have renamed
to him after his conduct i'll the Chrstiana at
fair; but now it comes too late, and is too
evidently enforced by that supreme power of
public opinion to which even the most obstino
ate and audacious offender must sooner or
| later bow. But the ill effect of this matter is
not confined to Judge Kane alone. 1t has
deeply shocked the public confidence in the
administration of justice in general, and in
| the efficacy Of our laws to secure the most
sacred rights. To be Judge was o ce title
oil respect, but at this rate it must soon be
come the contrary. People talk sometimes of
radicals and destructives, who sap the iounda-
tons OF society and undermine the basis of
public morals; but judge like Kane does
more at a single blow TO shake the social lab
ric and retard the progle ss of people than the
| vices OF private criminals III half century.
In any other northern city than Phladel
| phia, such an outrage as that, OF which, fer
more than the quarter Of year, Mr.. William
son has been the victim, would have provoked
| public disturbance. Certainly there was new
| er an occasion in which a revolutionary rene
! dy would have seemed more truly iu-tiiable.
But the result, as 1t now stands, puts those in
| the right who hold that violence should never
| be employed, even for right end. Passmore
| Williamson comes from his prison at the | eace
| full fiat of public opinion-released by the
| justice Of his cause, and by the voluntary
submission of the tyrant who ilnmure1 him.
| ~ Y. Tribune.