The Kansas herald of freedom., 1857-08-01
For as Herald Of Freedom.

EblEcD DhO"N.-I TOM al aItlcio IL
your last I copy the following which
muss have been written by some one not
consersant with the facts in the case:,
aMr. r..Boynton applied to the United
States Commissioner, Edward Hoagland,
for writ of arrest, and was refused. al
though he would not deny that it was an
unproyoksd ASSAULT
We are inclined to think that if Mr..
B. had been pro-slayery man, the case
would have been different" &c.
Boynton and Adams do not reside in
Tecumseh, but occupy claims adjoining
each other, two or three miles south of
Big Springs. On complaint made before
me, as Justice of the Peace, by Boyn-
ton, that Adams had threatened to kill or
personally injure him, warrant was IS
sued and Adams arrested. Adams then
swore to complaint, and demanded a
warrant against Boynton for attempting
to shoot him. Accordingly Boynton was
arrested on that charge. On examination
the testimony was conflicting. but exhibi-
ted such a state of affairs between the
parties as led to the conclusion that Bit
ter animosity existed between them
They had each aimed guns at the other,
with intent to take life, and danger exist
ed that the public peace might be further
disturbed by their misconduct. Both
parties were ordered to give bail, with
two srreties, in the sum of $500. Adams
forthwith gave bail. Boynton requested
time to procure bail, and was left in the
nominal custody of the sheriff. The
complaint against Boynton was dismissed,
as both parties had acted improperly.
During the examination, which took
place at the Court House, harsh words
passed between Boynton and the counsel
for Adams; but it passed off quietly for
the time. After the proceedings were
terminated, was called into the County
Clerks room, on the opposite side of the
hall, and while there the affray took place.
I knew nothing of its origin, nor did
witness more than the termination of it.
l saw severe cut on Beynton's head.
and slight confusion which bled little,
was visible upon the face of his antago-
mist. The sheriff was ordered to inter-
fere, and he separated the combattants.-
Much excitement prevailed, and as many
persons present. beside the beligerents,
were armed, the danger of further and
more general acts of hostility was immi-
nent. To prevent such a result, | ex-
erted myself as much as possible. Amid
the confusion and excitement Boynton re-
quested me to cause both Adams and his
counsel to be arrested-the one for the
assault, and the other for violation of the
condition of the bond just given to keep
the peace, he alleging that Adams had
instigated the attack or affray. On the
other hand, his antagonist insisted that
Boynton struck the first blow, and, as he
had not yet given bail, that the sheriff
should lock him up. Convinced that un-
der the existing circumstances, arrests and
an inquiry into the matter would do no
good, but only further endanger the pub
lie peace, declined issuing another war
rant, or causing the actual arrest of the
parties mentioned, and informed Boynton
of my inability to preserve order or en-
force judicial authority. He was, there
fore, advised, instead of insisting upon a
warrant, TO go before the next Grand jury
and let them inquire into the facts. if he
was not the aggressor. The sheriff, hav-
ing no safe Jail room to detaip Boynton
in, and supposins that his wound required
attention, permitted him to go home, with
the understanding that he should execute
the recognisance to keep the peace, on the
following Saturday. Since then l have
not heard from him.
The. above is plaip statement of the
facts in the case. If you can see any,
thing censurable in my conduct you are
at liberty to comment upon it. The in
situation that "if Mr.. B. had been pro-
slavery man the case would have been
different" [ feel confident cannot apply
to me. did net know the political views
of either Boynton or Adams, until after
the examination and affray. As to the
remark in that article about any class
of citizens "still being considered as
outlaws by the Territorial and u. s. Off
Gals" l can only say is unjust, if intend
ed to apply to me. As native of New
iork-a Northern man by birth, educa-
uen and lnterest-my views, feelings and
sympathies have not been misunderstood
at any time by my fellow townsmen. or
any others who knew me personally. AS
a Free State Democrat have no interest
or sympathy with the pro-slavery party:
and while would be willing to protect
the rights and interests of those now hay.
ing slaves in this Territory, for a limited
time, am as firmly opposed to the further
Or permanent establishment of the insti-
tuition in Kansas as you or any other man
can be. That have seen fit to occupy q
conservative position, and have refrained
from affiiiating with the Free State move
nent-amoyement which have hereto
Iore considered premature-has been suffi-
;len' cause for attacks on me in the Ter
.itorial and New York papers. In 1855
aequiesced in existing laws, and deemed |
he policy adopted at Big Springs dan
serous and improper. | approved the |
'gect of that policy, but rejected the |
means chosen to accomplish it. Before |
he adoption of the Territorial laws of
$50, and consequently anterior to the |
ormation of the issues that have SO long
disturbed the harmony OF the Territory |
"a iSScio W ehoSS ldNS, L HdQ Deel ap- 1
'ointed a United States Commissioners
nd those most conversant with nv Off
ial acts viii certainly acquit me of inius-
ice towards any man from political or
'ersonal motives. Certainly the Free
tate men have no cause of complaint.
s my sympathies were with them.
But to return to the article referred TO.
he affray above mentioned / deeply re-
retted, especially as it took place in the
ourt room, pro TEN, and almost immedi-
tely upon the adjournment of the Court.
Ittendant circumstances satisfied me that,
nder existing laws and organizations. the
fficial duties Of a Justice of the Peace
ould not be discharged with proper yigor.
and dignity, for want of
dequate means of enforcing such decis-
ms as became necessary. ]. therefore,
n the day after the examination. resigned
he Office Of Justice of the Peace for
hawnee County. Respy Yours,
EDWARD HOOGLAND.
or An outrage upon fairness and edi-
iaf l