New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-07-16
MIR. HANwAY'S TRIAL FOR TREASON.
h Editor of The Tri bune.

10th Editor of The Tribune.
sir: The paragraph in The Tribune OF Sunday
abiding the death OF Mr.. Cashier Iianway and
his trial for treason jusfes some reference TO the
records. Mr. Hanway not indicted for refusing
to serve "a warrant but for resisting the man who
held the warrant. Under the authority OF the
Fugitive Slave law, enactment within the con-
stitutional power Of Congress- and much denounced
In some of the Northern States as the law authorizing
Federal supervision OF elections Is criticised IN inc
South Mr. Edward Gorsuch. citizen Of Maryland.
went 10 Lancaster County, Pennsylvania 10 reclaim
certain slaves who were supposed have fed
thiher. With him went the deputy marshal and
other persons. The party was mot by a band u
armed men. there ARRAY, and Mr.. Gorsuch
was killed. The affair caused much excitement, and
the United states Grand Jury for that district took
the matter into consideration. The United States
District Judge Kane, advised the Grand Jury on
the subject and indictment brought against
Iianway five counts. setting forth with legal par
ticulary and repetition that he with large number
OF persons did wickedy and traitorou,y levy war
against the United states with intent 10 prevent
the execution OF the law. and did assault the officer
and nbcrate from his custody persons who owed
service and labor to Edward Gorsuch, that hs
tn i,oronsy conspired with others to resist the
execution of the law by force and that In pursuance
OF said ratorous intention he prepared divers books,
letters, resolutions addresses, ct ceera, which ne
caused to be dispersed. containing indictments ana
cncourag cmcnts TO fugtives and others tn resist
opposc and prevent by violence and intimidation the
execution OF said laws.
The trial came on In the City OF Philadelphia. on
the criminal side OF the Circuit Court OF the United
States for the Third Circuit. at the October sessions
of ISL. Judge Robert G. Gricr presided and Judge
Kane associated with him. Eminent counsel
appeared. the prosecution the Attorney
General OF Maryland. requested to attend by the
Governor of that state Mr.. James Cooper. senator
in Congress from Pennsy vana: Mr.. J. r. Ludlow.
aferwad Judge In one OF the Philadelphia courts
and other gentlemen. Among those for the defence
were the Hon. John Meredith Read subsequently FOR
many wars presiding justice Of the supreme Court
Of Pennsylvania; Mr.. Theodore Cuyler and the we'll
known Thaddeus stevens. Judge Kane had Instructed
the Grand Jury that TO make out the crime OF treason
there must be conspiracy TO oppose the law ny
force that actual force must have been exerted
and that the participant and nstigator equally
guilty.
AT the trial the prosecution cited Judge story 10
the effect that IA positive intention to overthrow
thc Government need not be shown 10 constitute
treason. but 1t sufficient II the Intention WIS
to prevent the execution Of one or more Of The gen
eral laws the Government. The Court did NOT
favor this presentation. and Judge Grier held that
the jury had two questions to consider frs whether
and second whether the offence was treason mo
judge discussed the older decisions on the snbisS,
doctrines modified II not dlscredited He further
treason the one local and personal the other OF 3
nrbIc nature Forcbly resisting the process OF the
sheriff ne held might felony but Il not treason
Fugitive slaves. he said, might resist their MASTER
or the officer OF the law. but that was felony and not
treason: because their act for private Object
and connected with public purpose. Further, me me
judge charged that the court did not think 'n ne
offence charged rose TO the dignity OF treason OF
lcvying war because there lack OF proof OF con-
spiracy and said that it would be dangerous pre-
cedcnt for the court and jury To extend the crime
of treason by construction to doubtful cases ,,
The evidence failed to connect the accused Win W.
the acts set forth In the Indictment. and the jury
rendered a verdict of not guilty. The judge seems
TO have thought that n conviction would have done
more harm TO the objects for which the law was
framed than would result from an acqut'al anu
that II was absurd to dignity mere riot as treason
or insirrection. Events have demonstrates tne
wisdom Of his rulings. JOHN T.. NOkCkOac.
Brooklyn, June %. 1893.