Bradford reporter. [volume] (Towanda, Pa.) 1844-1884, 1855-08-18
The Wheeler Slave Case--Decision Of
Judge Kane.


Carolina, the United States Minister to Mica
ragua, was on board steamer at one of the
Delaware wharves, on his way from Washing
ton to embark at New York for his post of
duty Three slaves belonging to him were
sitting at his side on the upper deck.
Just as the last signal-bell was ringing, Pass
more Williamson came up to the party-de-
clared to the slaves tlat they were free-and
forcibly 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
to release themselves, and protesting their wish
to remain with their master; two of the negro
mob in the meantime graSping Col Wheeler by
the collar and threatening to cut his throat if
he made any resistance.
The slaves were borne along to a hackney
coach that was in waiting and were conveyed
to some place of conccalment Mr. William
son following and urging forward the mob
and giving his name and address to Col. Wheel
er, with the declaration that he held himself
responsible towards him for whatever might be
his legal rights but taking no personally ac-
tive part in the abduction after he had left the
deck
| allowed a writ of ha5eas corpus at the in
stance of Col. Wheeler, and subsequently an
aiias and to this last Mr. Williamson made
return. that the persons named in the writ - nor
either of than, are not now nor was at the time
| of issuing OF the writ, or the original writ or
| at any other time, i'll the custody. power, or
possession of the respondent, nor by him con
fined or restrained wherefore he cannot have
/ the bodies" etc.
At the hearing | allowed the reIator to ira
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 William
sons commitment, |. for contempt in max
I ing false return ,. to take his trial for per
jury.
/ Mr. Williamson then took the stand to purge
himself of contempt. He admitted the facts
substantially as in proof before made it plain
that lie had been an adviser of the project and
/ had given il his confederate sanction through
out He rene we'd his denial that he had con-
troll at at any time over the movements Of the
slaves, or knew their present Whereabouts
! Such is the case as it was before NE on the
hearing
/ cannot look upon this return otherwise
than as illusory-in legal phrase, as evaSiye If
not false. 1t sets out that the alleged prison
ers are not low, and have not been since the
issue of the Rabs7s corpuS, in the custody. pow
er or possession Of the respondent and in so
fer it uses legally appropriate language for
such ! return. Bat it goes further, and by add
cd words. gives an Interpretation 70 that Ian
guage essentially variant from It's legal i'm
port.
1t denies that the prisoners were within his
power, cust0d or possession az any time what
ever. Now, the e7idsuce Of respectable, uu-
c0atr2dcted witnesses. and the admission Of
the respondent himself, establish the fact be
vond controversy, that the prisoners were at
one time within his power and control He
was the person by whose counsel the s0-called
rescue was devised. He gave the direction,
and FASTENED 10 the pier 10 stimulate and su-
perviSe their execution. He was the Sp0kes-
man and first actor after arriving there OF
eli the parties 10 tine act of violence, he was
the only white man, the only citizen, the only
individual having recognized political rights,
the only person whose social training could
certainly interpret either his own duties or the
rights of others under the constitution OF the
land.
/, would be futile, and worse. 10 argue that
he who has organized and guided, and headed
I mob. TO effect the abduction and impriSon-
nent Of oJher>-he in whose presence and by
whose active influence the abduction and i'm
pris0nmeUt have been brought ab0ut-nlight
excuse himself from responsibility by the asseC-
ton that il was not his hand that made the
unlawful assault. or that be never acted aS the
gaoler lie who uGiIeS with Others To commit
crime shares with them all the legal liabilities
that attend on its commission. He chooses lis
company and adopts their acts
This is the retritQtive law Of all concerted
crimes : and lis argument applies with peculiar
/ force Ia those cases in which redress aud pre-
Eentjon of wrong are sought through the writ
Of A15eas co~Pas. This the gTca. remedial pro
ces> hy which liberty i indicated anl re>tor-
! ed toIcrateS no language in the response which
il calls for that can mask a SUbteTfuge The
dearest interests 0f-l;fe, personal safety, do
nestle peace, social TeIyGSe. all ta2t man can
value U that Is worth living for-age involved
in this principle The institutions OF soc;erv
would lose more than halftheir value. and courts
Of Justice b.come imDctent for protection. if
the writ Of A4teGS ooTPEs could not compel the
truthful, direct, aud une9uiY0cal-ia answer
10 It's mandate.
II will not DO 70 sav 10 the man. whose wife
or whose daughter has been abducted. =. / did
not abduci her she Is Ros in my possession
/ 90 lot detsia her; iRaSMgch sS the assault
was made by the hand Of NV sab0rdiaates. and
| hare forborne 10 ask where ther propose coz
sumns,iuC the wro1g"
II IS clear. then. as i SEEMS TO ne, that in
legal acceptance tie parties whom this wit
called on Mr.. Williamson 10 pZU3Rce, were zt
one tine within his power and control and
his answer, 80 far a. l:relstes 20 bis p0Eer over
them. makes no distinction between that time
and the present. Icannot give different il
terpTetstion TO his language from that which
lie has practically girea hinself. a0d cannot re-
gard him SIS denying his power over tbepzison-
lers nov. when be does not sver that hs has