The Trial of Reuben Crandall, M.D Part 2

_Clement T. Coote, Esq._, one of the magistrates who examined the traverser in the jail, deposed that Henry King, upon his examination, stated that the words "_please read and circulate_" were written upon the pamphlet when he got it from Crandall. A bundle of the tracts were brought in. Crandall said he had received them just as he was leaving New York, on his way to this District. He was going down to the boat when they were brought to him. Crandall stated, as witness distinctly recollects, that the endors.e.m.e.nts were made some time before. Witness did not recollect that he stated the precise time, but that he said the endors.e.m.e.nts were made some time before. Did not recollect that he said he came on directly to Was.h.i.+ngton. After the pamphlets were shown to King and Crandall, witness's impression was that Crandall had been detained some where on the way, and in the interval had written the words. There was no contradiction that he noticed in Crandall's statements. Crandall admitted that the words were in his handwriting, but said they were written some time before. Crandall said they were all there except about a dozen. He did not say whether he had distributed any; but witness did not understand him to state that the number had been diminished since he came here, but that the bundle exhibited embraced all the tracts which he brought with him from New York.

Witness's impression that they were all the pamphlets which witness brought to the District, except the one which he lent to King; but Crandall did not in his statement except that one. He understood Crandall that all that he received at New York were there, except about a dozen. He recollected that Crandall said he had been a subscriber to some of the abolition publications. Witness or one of the magistrates asked Crandall "whether he was aware of the nature of the pamphlets when he left New York?" To which Crandall replied that he supposed them to be of the character with those for which he had been in the habit of subscribing. Crandall was also asked "why he was put in possession by the publishers of so many copies of the pamphlets, and whether it was not because they supposed he would circulate them and be an efficient agent?" In reply to which Crandall said "it might be so." He did not intimate that he had any knowledge of his appointment as an agent.

_The Court_ here asked witness whether the traverser intimated that the tracts were given to him with his a.s.sent and approbation.

_Witness._ He admitted that the tracts contained his sentiments; but he was not understood to say that he approved of his appointment as an agent, or considered himself as acting in that capacity. When Crandall said the endors.e.m.e.nts were written some time ago, witness called his attention to the date of one which was not two years ago. Witness received a written statement from Crandall at the examination. Does not know what became of it. Thinks it was returned to Crandall. Crandall did not say he knew the contents of the tracts when he received them, but said he supposed they were of similar character to those which he had subscribed for. Witness read a paper which contained Crandall's statement on the subject, and recollects that it was written in the jail. Has no recollection that it stated that Crandall was a member of an Abolition or Emanc.i.p.ation Society. When witness called Crandall's attention to the endors.e.m.e.nts on the tracts, Crandall said they had been on some time. Believes he said something about two years, and recollects that he then remarked to Crandall that one of them had not been published two years.

_B. K. Morsell, Esq._, (called again) stated that Crandall, when asked whether he was acquainted with the nature of the pamphlets sent to him in New York, said he supposed that they contained his sentiments, and were of the same character with those which he had taken some time before. He used these very words, "I don't pretend to deny that I am an anti-slavery man, and profess these sentiments." The pamphlets were then before us, and the examination referred to them. He added, that when he came on here, he found he was too far South to circulate the tracts, and that all he had received were those before us, except about a dozen. He did not deny that he came direct to this city from New York. He said nothing which impressed witness with the belief that he stopped on the road, if he said he stopped on the way, witness did not hear it. There was considerable confusion in the jail during the examination. Crandall might have said many things which witness did not hear. There were a great many people in the jail. He recollected that Crandall said the words "please read and circulate" were written two years before, and that Mr. Coote pointed to a pamphlet, so endorsed, which had been printed within two years; but he understood that Crandall's statement was applied to all the pamphlets together. He understood that some of the pamphlets were found at Crandall's office, and some at his lodgings, and that they were found scattered about the office.

Does not recollect that there was any testimony about unpacking a box.

There was nothing in the testimony which made any impression that there was any distinction between the pamphlets. They were all brought together. Recollects that Crandall handed him a written paper. Began reading it, but could not get through with it; could not read it, and handed it back to Crandall; supposed that it was written under some agitation.

_Jacob Oyster_ knew the prisoner in Georgetown, and prisoner hired a shop of him. He was sick some time after he hired it, but had a large box put into it. When he hired it he said he was going to lecture on botany at different places. Witness was present when he opened the box, and it contained books, surgical instruments, and pamphlets. He saw two or three such pamphlets as were shown in court, which were thrown out of the box. Mr. King came in and picked up a pamphlet and said he should like to have the reading of one; and the prisoner said he might. When King saw it, he said it would not answer, it was too far South. A day or two after he asked King what he thought of it, and he said he didn't like it, and asked witness if he had seen the endors.e.m.e.nt, which he showed, "read and circulate." Witness didn't see any writing on the others. He had some conversation with Crandall when the news first came of the attempt to murder Mrs. Thornton, and told prisoner n.o.body was to blame but the New Yorkers and their _aid de camps_; and that the boy said he had made use of their abolition pamphlets. Crandall replied, that he didn't approve of putting them into circulation, for the excitement was too high already.

_Cross-examined._ He said he helped unpack the box--that he knew of no other pamphlets; but Crandall had newspapers to put up his plants.

Witness was in the shop almost every day, and never saw more than two or three people there; and never saw Crandall talking with any colored people or slaves. He was in the habit of going out into the fields, and brought back a great many plants. He thought the prisoner conducted himself very well, and was a very steady man in every respect. The papers in his office were of all sorts, and from different cities.

_William Robinson_ saw the words "read and circulate," but had never seen the defendant write. He had received similar publications but did not know where they came from. One came through the post-office, but was not postmarked where it was sent from; and had no postage on it. He returned it to New York to the publisher. He heard Crandall admit the handwriting to be his in the jail.

_Charles Gordon_ was in the War Department, and the whole building was flooded by them. He returned his to New York to the agent with remarks, and had received none since. This was just before Crandall's arrest.

_c.o.xe_ remarked he had done the same; and it was no evidence against Crandall.

_The Court_ was of opinion that the printing and publis.h.i.+ng these pamphlets in New York, is not evidence of their publication here, so as to fix upon the defendant here such a knowledge of their publication as to make his possession alone, even with the words "_read and circulate_"

written upon them, evidence of the publication of them by him here.

That in order to show the evil intent with which the defendant published the paper charged in this first count, it is not competent for the United States to give in evidence to the jury other _unpublished_ papers or pamphlets found in the defendant's possession, unless accompanied by evidence of some acknowledgment or admission, by the defendant, that he knew and approved their contents.

That the evidence did not appear to the Court to justify the inference that the defendant knew and approved the contents of those pamphlets, unless it can be connected with evidence that they were of the same nature with those which he had been a subscriber for.

_Key_ then proposed, as he had shown that the traverser had by his declaration approved of the publications, and had also implied approval by writing on the words read and circulate, to put them in as evidence of intent, in relation to the one published, and given to the witness King.

_The Court_ ruled that they could not be given in evidence, without proof of publication.

_Key_ then proposed to read the Emanc.i.p.ator, as a paper he had subscribed for, instead of which these had been sent.

This was objected to on the ground that there was no proof that he had _subscribed_ for the Emanc.i.p.ator; and that if he had, it was at a period previous to the time about which he was charged with any offence. The Emanc.i.p.ator was sent gratis, and _taken_ by many persons who did not approve of it.

_Jeffers_ was called, and said Crandall said he had _taken_ the Emanc.i.p.ator, or _subscribed_ for it, he didn't know which.

_The Court_ decided that such Emanc.i.p.ators might be given in evidence as were published before the declarations of the traverser.

_Thruston, J._, dissented from this opinion on the ground that it was not competent to put in one libel, for which the prisoner was not indicted, to show the sentiments he entertained in regard to one for which he was indicted.

In the midst of considerable discussion as to the parts which were proper to be read on the different sides, the most of the day, Tuesday and Wednesday, was consumed in reading long articles from different numbers of the Emanc.i.p.ators, to show that the Anti Slavery Society intended to use every exertion to procure the immediate abolition of slavery. In the course of this reading, _Key_ proposed to read an advertis.e.m.e.nt of the different works published by the Anti Slavery Society, which was objected to on the ground that it would admit all the works named to be read, and as Crandall had not been proved to be a member of that Society, he ought not to be made answerable for all their doings, nor for all that the editor of the Emanc.i.p.ator might see fit to publish.

_The Court_ decided that the reading must be confined within some reasonable limits. That the District Attorney might read such _editorial_ articles, or parts of them, as he saw fit, and the counsel for the defence might read any other parts, or the whole, if they chose. The advertis.e.m.e.nt was of course rejected, but reading of other parts was continued.

_The District Attorney_ afterwards offered evidence, under the third count of the indictment, to put in certain tracts with pictures upon them, which was objected to upon two grounds. _First_, that the count was insufficient, as it did not specify any libellous publication and did not declare that the offence was against any person, or government, or people, which was said to be an essential form of indictment; and, _second_, because the whole of the tracts, papers, and pamphlets, were illegally obtained from the prisoner.

The defendant's counsel then read the warrant under which Crandall was apprehended, which authorized the officers to take the person of the prisoner, and to search his papers; and contended that such search warrant was illegal--that a man's private papers were sacred from search.

The objection was resisted on the ground that the objection was made too late. It should have been taken at the outset of the trial, or before the magistrates--that the warrant (which was admitted to have been made by the District Attorney) was proper, and conformable to the law which admitted of search in the premises and in the persons of thieves and counterfeiters for the tools and implements with which they were enabled to commit their crime--and that it was competent to use the evidence which had been obtained, although it was illegally gotten in the first instance.

_The Court_ was of opinion that the evidence was competent, on the principle upon which evidence might be given of stolen goods found in consequence of confession, though the confession might be forced from the prisoner by threats or evil treatment. The confession might not be evidence, but the fact of finding the stolen goods could be proved to the jury.

_The Court_ also overruled the objection to the form of the count, and did not consider it so imperfect as to authorize them to reject evidence offered under it.

_Key_ then went on to prove that certain libels found in the possession of the prisoner were circulated in the District.

_Gen. Hunter_ identified one of the tracts as a copy of one sent to him through the post office, marked one cent postage, both the tract and envelope of which having been burnt. He thought it strange the postage from New York should be only one cent. It was about the time the city was inundated with abolition papers.

_c.o.xe_ objected to the testimony, if the paper was destroyed.

_Key_ was called as a witness by Bradley, and testified that the paper handed the witness was one of them handed in at the jail as found upon Crandall, and had not been out of his possession, since.

_Bradley_ remarked that the paper was a July number, and had not been published when Crandall came from New York. If, by the testimony showed, they were all delivered in New York, this paper could not have been found upon him.

_James A. Kennedy_ was shown a paper, and said his initials were on it.

A considerable number of the same came on in a bag--about a bushel and a half--from New York, some of which were delivered and some were returned to the post office. The rest were not delivered at all. He did not recollect any of the same kind sent before, though many had been sent since, every month, as late as March last. They came in an envelope addressed to single individuals. The postage for a sheet was two and a half cents. These were marked half a sheet, and some were charged one cent and a quarter; afterwards, they were found to be more than half a sheet, and were charged two and a half cents, as for a whole one. There was no postmark put upon them, as that is confined wholly to letters.

_Benj. E. Giddings_ saw some of these papers at the time spoken of by Mr. Kennedy; and never saw any before July last. They all came in a bag, and he did not think any were dropped into the post office here. The office here, as well as at Georgetown, had been watched to see if any were put in by persons here.

The two last witnesses were clerks in the post office.

_Mr. Ball_ said the papers were given to him at the jail, after Crandall's examination, and he kept them locked up till they were sent for and delivered to Mr. Key at his office.

It appeared that they were kept at the office some time, and were sealed and labelled by Charles McNamee, though one or two persons were in the office while he was doing it; and Mr. Key certified, that on the first day of the trial, before they were sorted, many persons in court took different numbers of them to look at, but he believed they were all returned, and he took pains to request them who took them to hand them back to him. To the best of his belief, the pamphlets now in court were the same which were delivered at the jail, without addition or diminution.

_P. R. Fendall_ was connected with the office of the Colonization Society. The Anti-Slavery Reporter was sent from New York in exchange for the African Repository published by the Colonization Society; some controversy had existed between the two Societies, and it was necessary to read their attacks in order to be able to answer them. The papers received were open for the use of members, and were sometimes loaned to others to take away and read.

_Key_ then offered four numbers of the second volume of the Anti-Slavery Reporter to the jury.

_Bradley_ claimed one as his, which never was in the possession of the prisoner.

_Key_ requested him to be sworn, and

_Bradley_ testified, that he could identify the paper by several marks which he pointed out. He received it in November last, in consequence of a letter which he had written with a view to procure two or three, which were sent on through the post office. He wrote for them in consequence of conversation with Crandall; (but he was not allowed to state the substance of what Crandall said.) How this paper came into Mr. Key's possession he did not know, but this disappeared from his desk in court, and two others had been taken from his office.

Considerable argument ensued upon the point, whether it was competent to give in evidence a printed copy of a _known published libel_, or whether in order to be evidence against the person on whom it is found, it must not be a written copy. On one side it was argued that every one might innocently have a printed copy, but the having a written copy would show some extraordinary interest in the libel; and the books all spoke of a written copy only as evidence of publication. For the prosecution it was urged that having a printed copy was stronger evidence than a written one, especially when the party had a number of copies of the same libel, endorsed in his own handwriting with words that showed an interest, and an intent to circulate it.

_The Court_ was of opinion that it was competent to give in evidence such printed copies of the known published libel as were found upon the prisoner with the endors.e.m.e.nt "read and circulate."

Two witnesses were called, _Colclazier_ and _Tippet_, to testify to conversations held with Crandall in the jail, in which he spoke in favor of immediate emanc.i.p.ation and against slavery.

The case for the prosecution was here closed.

_Mr. Bradley_ then stated the opening of the defence. After some general remarks upon the course taken by the prosecution, and difficulty of getting witnesses here to testify in behalf of the prisoner, from so great a distance, as well as the impossibility of putting in depositions in a criminal case, without the District Attorney's consent, which he would not give, he went on to call the attention of the jury to the details he meant to prove. He intended to show Crandall's whole course of life, from his boyhood up; that he was regularly educated as a surgeon and physician, and settled in Peekskill; and that no man ever obtained a higher character for probity and skill; that he never was a member of an abolition society, and there was none in the place where he lived; that he had no idea of stopping here when he came on, but came as the attendant of an invalid family with whom he had resided; that the pamphlets were packed up, not by him, but by the lady of the house, as waste paper, without his even dreaming of their contents; and that the endors.e.m.e.nts were put on some two years ago. He would show also that he had subscribed for temperance papers; but that the abolition papers were sent to him without his knowledge of their contents; that after he arrived here, and found this the best field in the world for the study of botany, he concluded to stop and give a course of lectures, instead of going to the West, as had been his intention previously, according to arrangements he had made. The bundle that was given him in New York was sent without his knowledge of their contents. It remained tied up till a day or two before his arrest, when it was untied by Mrs. Austin; and, as had been proved by the officers who arrested him, up to that moment they had never been opened or even separated. He said he would show the law, and bring it to bear upon the points of the case; and he declared if he believed Crandall guilty of distributing or intending to distribute incendiary papers, he would abandon his cause, and no longer consider himself his counsel.

The following extracts of speeches made in the Capitol at Was.h.i.+ngton, at the eleventh annual meeting of the Colonization Society, in which slaveholders themselves made remarks which, it was urged by the defendant's counsel, were quite as strong, and as much calculated to excite sedition, as the words of the libel charged against the prisoner.