The national era. [volume] (Washington [D.C.]) 1847-1860, 1855-07-26

+, a writ OF ha6eas corpus, to be directed to Mr..
Passmore Williamson. The writ was granted,
and made returnable by three O'Clock in the
afternoon. THAT time, Mr.. Vandyke appeared
for Mr.. Wheeler, and Edward Hopper for re-
Il spondent. Mr.. Hopper stated that he had APP
: peared at the request of respondents father,
(: as mark of respect to the summons of the
: Court; that Passmore Williamson had left for
/; Harrisburgh on private business.
/ Mr.. Vandyke replied, that he who had the
! wrongful possession of person should be pres
!: emit to answer the writ of the Court; but if the
!, party were not present, he would ask for an
!, ALIAS hdbedS corpus, returnable at such time as
: the Court might suggest. His Honor then fixed
this morning at ten o'clock for the return of
the writ.
T The writ commands Mr.. Williamson to bring
IN the bodies of Jane, Dan, and Isaiah, the SER
wants OF Mr.. Wheeler, to await and abide the
decree of the Court
Yesterday afternoon, Deputy United States
! Marshals Jenkins and Crossin arrested five col
tored men, On the charge of riot and committing
an assault and battery on Mr. Wheeler at the
time of the rescue of the slaves. Their names
rare William Gusts, James Martin, j. s. Ballard,
! Isaiah Moore, and James S. Braddock The
!. prisoners were taken before Alderman Free
man, and committed, in default of bail, for a
further hearing at eleven o'clock this morning.
= This morning, at ten O'Clock, the return to
/, the writ of alias habeas corpus was made, by
presence of the body to whom the writ was di-
s rected. Mr.. Vandyke appeared on the part of
the United States, and Messrs. Gilpin, Hopper,
/ Pierce, and Birney, on the part of the respond
cent.
The respondent, Passmore Williamson, ESQ.,,
& made return to the Court to the effect that
5the bodies of Jane, Daniel, and Isaiah, mention
ed in the writ to him directed, were not now,
Nand had not been at any time, in the custody,
power, or possession, of the then respondent.
Mr.. Vandyke briefly stated the facts of the
case as follows: The Hon. John H. Wheeler is
"a citizen of North Carolina; he has been for
some time American Minister to a foreign Pow
FER. He has been at his post in discharge Of
his duties, and was returning to it after brief
visit to the United States. He is the owner of
three colored servants, named Jane, Daniel,
/! and Isaiah.
He was proceeding to New York on Wednes-
day the 18th, to embark for Nicaragua, and,
when on board at the wharf at this city with
his three servants, the respondent came on
board and asked those servants, or one of them,
If they would like to be free. They told him
that they wished to stay with their master
when the respondent and fifteen or twenty col
,ared persons took them forcibly from the custo
dy of their master. The two boys cried to 90
back to Mr.. Wheeler but the respondent here
one Passmore Williamson, forced them away.
The companions and associates of Mr.. vii
Hanson seized Mr.. Wheeler by the throat as
ne was trying to prevent this outrage on his
property, and said that if he made any resist
lance, they would cut his throat.
I The testimony of Wheeler and one or two
others employed on the boat, or about the
wharf, accords with the above statement.
r, Mr. Vandyke said that if he proved these
simple facts, he proved the return false.
The point raised by the opposite counsel, he
f said was, that the Court would not go behind
he return; but he asked that the Court now &C
INTO the question of the commttal of the out
age, and prove by evidence the return to bt
alse
Mr.. Hopper, one of the respondents counsel
, hen asked time to prepare testimony to prove
he return.
The Court said, that if the evidence was gone
nto, and prima fdcie case was made out, the
Court must bind over the respondent on a charge
J If perjury, and of course evidence for the de
, ence could not be taken. He could not agree
% postponement. If the facts are as stated by
he relator, there has been a cruel outrage of Q
most criminal nature.
Mr.. Gilpin, for the respondent, said that they
l.
ion of the possession of the servants at any
line.
Mr.. Vandyke rose after the above testimon,
lad been taken, and, after remarking The
I evidence and the return which had been made
| by the respondent, said he had two motions t.
make: l. He moved that the respondent b.
held in bonds for contempt in making a falls,
ceturn to the Court and 2. That the respond
snt be held in $4,000, to answer charge o
Sillful perjury.
Mr. Gilpin asked whether the Court would
3 low hear the respondent on the question of con
, empt. He was instructed by his client to SAL
hat evidence could be offered which would pu
different complexion on the case.
Judge Kane said he would either hear coun
t eel on the question as it now stands, or h'
would hear evidence for respondent.
L. Mr.. Hopper said the motion OF the Distric
/ Attorney had taken himself and friends by
urprise, and he would ask time for considera
> ion.
, Judge Kane understood that the respondent
vas not willing to take the stand and swear thai
lie had further evidence to offer. If the re
pondent would make oath that he had such
evidence in prospect, the Court would consider
he application for continuance.
Mr.. Passmore Williamson was then affirmed
and testified in substance as follows: After the
/, .olored people left Dock street in the carriage
saw no more of them; do not know where
7 they are; have had no control over them, mol
: Rhave had any hand in their escape; my whole
hfonnection with the affair was this: had heard
That these three persons were in the city, and
'et anxious to inform them of their rights; fol
his purpose went to Bloodgood's Hotel, where
+ saw yellow boy L asked him about the
, saw that man, pointing to Mr.. Wheeler;)
. fnatter, and he told me where the party was
When | went upon the upper deck of the boat
approached the colored woman, and asked hel
Z she knew her rights-that by law she was
free; Mr.. w. asked me what | wanted told
Elm my errand he Mr.. W. kept interfering
and said she knew her rights, and he did moi
: want any interference with his affairs Mr.. w
reminded her of her children at home anc
: asked her if she wanted to leave them she
replied that she did not, but that she wanted tc
be free; Mr.. Wheeler insisted that the woman
did not want to go there was excitement
aud the children cried; ! saw them taken
3 sway; the object was secured of enabling them
: q act in accordance with their rights.
Question by Mr. Vandyke. Was it your OBJ
lct to take them from Mr.. Wheeler
Answer. 1t was, if they desired it.
Cross-examined. VIM. Still, a colored man
, est informed me of the matter; he laid upon
= ,y desk note containing the facts; 1 told hin
/ 81 go to the wharf and attend to it, that was
toing out of town; l afterward altered my mind
sad went to the boat l was there before VIM
Atill do not know who engaged the carriage
. flld Mr. w. | would be responsible to him for
roy damage his rights might sustain.
Question by Mr. Vandyke. Did you say his
rights" or illegal rights2"
Answer. do not recollect which said; nc
Il Al IL 411d