Raftsman's journal. [volume] (Clearfield, Pa.) 1854-1948, 1855-11-14
TIE RAJ TgMANss JOURNAL.

der the order filed by Judge Kane, in the Dis
trict Court, on the 30, ult., the Counsel of
Passmore Williamson, on Friday, the I'd inst,
presented petition, which set forth
ssThat he desires to purge himself of the con-
tempt because of which he is now attached,
and to that end is willing to make true answer
to such interrogatories may be addressed to
him by the Court touching the matter hereto
fore inquired of by the writ of Habeas Corpus
to him directed at the relation of John II.
Wheeler. Whereof he prays that he may be
permitted to purge himself of said contempt,
in making true answers to such interrogatOr;es
may be addressed to him by the Court
touching the premises
In order to understand plainly the relative
position Of the Judge and the petitioner, it is
necessary to look back at the record of the
transaction. When the writ of habeas corpus
wss issued to PAssMoRE WILLIAMSON his re-
turn follows:
s.That Jane, Daniel and Isaiah, or by what
ever names they may be called, nor either of
them, are not now, nor was at the time of the
issuing of said writ the original writ, or
any other time, in the custody, power or pos
session of, nor confined nor restrained their
liberty by him. the said Passmore Williamson,
therefore he cannot have the bodies OF the
said Jane, Daniel and Isaiah, or either OF them,
before your honor, as by the within writ he is
commanded y
Now let us take Judge KANE's own account
OF the matter, as given in his decision ON the
2Jth July:
.SAt the hearing l allowed the relator to ira
verse this return and several witnesses, who
asked by him, testified to the facts as l
have recited them. The District Attorney,
upon this state of facts, moved for William
sons commitments. for contempt i'll making
a 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 in proof before made it plain
that he had been adviser of the project and
had given it his confederate sanction through
out. He renewed his denial that he had con-
troll, ut any time, over the movements of the
slaves, or knew their present whereabouts.-
Such is the case, as it was before me on the
hearing.
/ cannot look upon this return otherwise
than illusory-n legal phrase, as evasive, if
not false. 1t sets out that the alleged prison
ers are not now, ard 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 a return. But it goes further, and by
added words, gives an Interpretation to that
language essentially variant from its legal i'm
port.
1t denies that tie prisoners were within his
power, custody or possession at any time tchdt-
erer. Now, the evidence Of respectable, un-
cOHIT1NlCEeu Witnesses ana lfle 9ulnlSSlOn OF
the respondent himself, establish the fact be-
syond controversy, that the prisoners were at
zone time within his power and control. He
was the person 10y whose counsel the social
ed rescue was devised. He gave the direc-
tions ard fastened to the pier to stimulate
and supervise their execution. He was the
spokesman and the first actor after arriving
there Of all the parties TO the act of vio-
lence, 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 thehnd.'
This was the substance of Judge KANE's re-
marks, and for these reasons PAssMoRE VIII
HANSON was consigned to prison until he
should purge himself of the contempt, which
consisted in saying that the s:prsoners'' were
not within his power, custody or possession,
at any time tchdterer, when according TO the
Judges Interpretation of the evidence, it was
established beyond controversy that they were
at one time within his power or CONTROL
L or this s.contempt'' Mr.. WILLIAMSON remain
ed incarcerated from July 9th to November
Sd, when he came into Court with the petition
above recited, and Judge KANE then address
ed him as follows:
esPassInore Williamson-The Court has re-
ceived your petition, and, upon consideration
thereof, have thought right to grant the pray
L.
open court, your solemn affirmation, that in
the return heretofore made by you to the writ
Of habeas corpus which issued from this court
at the relation Of John II. Wheeler, and to the
proceedings consequent thereupon, you have
not intended contempt of this Court or of
its process Moreover, that you are now will
ling to make true answers to such interroga-
tories as may be addressed to you by the
Court, touching the premises inquired of IN
the said writ of labeas cOrDuS''
Here was permission granted to do exactly
what Mr.. " nLiAMsoN, three months before
had fully performed to the extent of his abiIi-
ty. lie had, through CHARLES GILPIN. Esq,
his counsel, said he chad complied with the
usual form in making return to the habeas
corpus, and had denied the custody now or at
any time. If not deemed sufficient, it world
be necessary to take other steps or other forms
The prosecution had his remedy in a civil ac-
action for damages against the offending bar
ties ard that be s'desircd to put in a com
plete return, and then be permitted TO 90
without all as having made sufficient answer
The man who complied with all the usual
forms, aud expressed his desire to put in a
complete return, and answered all questions
propounded to him before he was sent to rris-
on, is griciously permitted so swear that he
intended no contempt, and is willing not to
perlure himself in the premises This afir-
nation having been made in the form indica-
leu oy tile d JuoSe, ne asked District Attorney
VAN DYKE il he had any suggestion to make
and of course Mr.. VAN DYKE desired to nro
pound question, which the Judge directed
him t" submit to WLLIAMsoN's counsel. which
was Gone in writing, as follows:
'sDid you, at the time of the service of the
writ OF haoeas corpus, 1t 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 mandate of said writ, by bringing
before this Honorable Court the persons of the
slaves therein mentioned
Ii 10 this interrogatOry you answer in the
atfirmative state fully and narticnIarl, The