Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1855-11-09

D
This morning. Passmorr Williamson ar
pclrcd in the United States District Court.
accompanied by Mcssrs. Meredith, Gilpin,
and Hopper, his counsel, aud offered the fol.
lowing petition -
PETITION.
To the Hon. the Judge nr the District
Court Of the United States for the Eastern
District OF Pennsylvania.
The petition Of passmorc Williamson res
pcrtlullv showcth
That he desires 10 purge himself Of the
contempt hccausa of Wtici he j. now attach.
I'd, and Is willing to make true answers
~ such intcrrugatories a. NAV be- addressed
to HIM by the Court touching tie matter
heretofore cnquircd Of by the writ Of Labcas
Corpus to him directed at the relation Of
John II Wheeler
Wherefore he prays that he may be per-
mitted to purge himself Of said contempt by
making true answers to such interrogatOrie.
as may be addressed to him by the Hon
Court touching the premises
+. WILLIAMSON.
Judge Kane, after considerations replied
to the petitioner as follows
pds-rnorc Williamson-Thc Court has
received your petition, and, upon considerat-
ion thereof. have thought right to grant the
prayer thereof. You will therefore make
here, i'll open Court, your solemn Affirmation.
that in the return heretofore made by you to
the writ OF haheas corpus which issued from
this Court at the relation Of John II. Vince
Ter and in the proceedings consequent there
uron, You have not intended contempt of
this Court or Of its process Moreover, that
you are now willing to make true answers to
such intcrrogatOries as may be addressed to
l,rr bn rl, tl,o
inquired Of in the said writ Of habcas cor
pus.
The required affirmation was then made in
the form dictated by the Judge.
Mr. Gilpin then read the intcrrogatory
that had been propounded, and the reply Of
Mr. Williamson.
Htpro gGtorV-Did YOU, at the time Of
the service ol the writ Of IIabcas Corpus at
the relation Of John II Wheeler. or at any
time during the period Intervening between
the service Of said writ and the making of
your return thereto, seek to obey the man
date of said writ, bringing before this honor
able Court the persons OF the slaves therein
mentioned
If to this intcrrogatory you answer in the
affirmative, state fully and particularly the
mode in which you sought to obey sad
writ, and all that you did tending to that
end.
The reply made was as follows
ANs"ERo or DEFENDANT.
did not seek to obey the writ by proluc
ing the PERSONS therein mentioned before the
Court because | had not. at the time Of the
service OF the writ, the power over, the Gus
tody or control Of them, and therefore it was
impossible for me to do SO. first heard of
the writ OF hdjoaS corpus on Friday, July 20,
between | and > o'clock, \. NJ. ON my return
from Harrisburg. After BREAKFAST, about 9
% clock. went from my house to Mr.. Hop
pcr's office. wL'n and where the return was
prepared.
At 10 O'Clock came into the court as
commanded by the writ. sought to obey
the writ by answering it truly, the parties
not being in my possession or control, it WAS
impossible for me to obey the writ by produc-
ing them. Since the service of the writ have
not had the custody, possession or power over
them. nor have known where they were,
except from common rumUr or the new paper
reports in regard to their public appearance
in the city or elsewhere
Some discussion arose between Mr.. Van
dyke, the District Attorney. and the Counsel
oi Mr.. Williamson Mr. aud he cnuteuicd
that the reply Of the defendant was eva
rivc and contradictory The Judge said the
difficulty, he thought. could he easily over
come by amending the answer, and ut the
suggestion of the Court it WAS amended in
the following manner
did not seek to obey the writ by produc-
ing the persons in the writ mentioned before
this curt.
did not SO seek because verify believed
that it was entirely impossible for me to pro-
ducc the said persons agrcably to the com
mand of the Court.
The answer was then accepted by the
Court and ordered filed.
Mr.. Nandyke then submitted another in
tcrrogatury, the substance of which NI>
whether or not Mr.. Williamson had been
guilty OF mental reservations, in lis reply 10
the ir>t intcuotaturN
The Court ovcrrulIed this interrogatory As
superlluous and improper.
Judge Kane then said. " The contempt is
now regarded as purged and the party is
released from custody. lie is now renstat-
ed to the position he occupied before the con-
tempt was committed. Mr. Williamson is
now before me on the return to the writ
Mr.. Nandykc then arose and addressed the
Court as follows
Mr.. Williamson being now, by his purg4-
ton, rninstatcd in the standing before this
Court which he occupied imme-
ilnely preceding the time when he was guilty
Of the contempt Tor which he was committed
On the 9th Of July last, have to suggest
that Mr. hcelrr, at whose relation this
writ of haheaS corpus had been issued, was,
ut the time he filed his petition, in hopes that
the remedial process of this Court would not
have been cvidcd or diSregarded by Mr.. Will
lomson, ut that he would have cheerully,
~ an endeayor to obey that writ, sought an
adjudication Of the highest judicial tribunal
II the country, of the questions, whether Mr.
W heclor was entitled To plss over the soil of
pennsylvania with his property. and whether
n not wrong had been committed in the
Urcible abduction thereof
But in this hope he has been deluded. His |
'emedy was at an early period of the proceed
ngS IN this case arrested by the contuma-
'ious disregard on the part Of the defendant
If the lawful process of tins Court, and hay |
ng waited for a reasonable time for him to
Sk leave To purge his contempt in order that /
lc might further pursue the remedies afford /
ii by reason of the writ Of hahcas corpus.
nd finding that the defendant Wa, controlled .
: the rchtor believed 10y a pcrtinacitv, in .
collation. of his duty, and injurious To the .
lights OF the lltor, he determined to insti-
ute "a sult in another branch Of the courts Of /
he nitri States. for the recovery of the
damages which have occurred by the tortious
cts ui the defendant towards his person and
rupcrty, aud u suit for this purpose has
'en commenced in the cirult courts and
'ill he duly prosecuted with the hopes that
may aiforia moro ample remedy to Mr..
Wheeler than b" has been enabled to obtain
y the present Proceedings of the [. :. for
his circuit
After Mr. Nlniykc had concluded, Mr..
lercdith inquired, lis MIR Williams n
srhnrra1 .