Differences of Opinion Among Counsel for the Government—A Brilliant Array of Lawyers—Selecting Twelve Men, “Good and True,” from a Large Venire—The Prisoners Arraigned and Pleas Entered.

In the so-called official report of the Castner Hanway trial, which involved the final disposition of all the treason cases, it is fitly stated by the author and editor that “the ability which marked the trial throughout, the patient attention of the judges, the eloquence and learning of the Counsel, and the full examination of every matter of fact and law in any manner involved, gave to the trial a deep and abiding importance, such as will make its perusal interesting to the general reader, and of indispensable use to the Legal Profession.” It is not to be expected, however, that a detailed report of these proceedings or a presentation of their technical aspect falls within the scope or prescribed limits of this sketch. Those desirous of perusing them can get access to Mr. Robbins’ report in many libraries; lawyers will find the case reported for their special benefit in Vol. II of Wallace’s Report of Circuit Court Cases for the Third District, pp. 134-208. The report of Attorney General Brent and the message of Governor Lowe, in the Maryland State Documents, 1852, constitute an interesting history of the facts and valuable discussion of the law; and Mr. Jackson’s reply undoubtedly corrects and modifies some of the impressions that the complaints of the Marylanders would tend to create.

Even outside of these quasi-official documents there remain signs that there was some division of counsel, if not conflict of opinion, among those engaged in the prosecution as to the most expedient course to take and the more effective remedy[Pg 62] to apply to the broken law. Whatever the private opinion of U. S. District Attorney Ashmead may have been, his presentation of the case and his entire part in the trial evinced no lack of preparation or ability and no want of sincerity in the Government’s cause. He shrank from no responsibility that his position imposed. He was, moreover, the direct representative of the Law Department of the Fillmore administration. His chief was Attorney General John J. Crittenden and Daniel Webster was the premier of that Cabinet. There was at that time no “Department of Justice” as now organized; there was simply the office of the Attorney General, and an investigation of the archives of the Department fails to disclose anything whatever with respect to the affray or the trials. There is, however, authority for the statement that the final determination to prosecute for treason was made by Webster and Crittenden, who concluded and advised “that even if a conviction were not obtained, the effect of the trial would be salutary in checking Northern opposition to the enforcement of the Fugitive Slave Act.”

Some question of professional etiquette arose between counsel who appeared for the State of Maryland and those who represented the United States by direct employment for the Government. Mr. Brent reports that this was “satisfactorily adjusted in a personal interview” with Mr. Ashmead. He further says:

“This gentleman, in the presence of the Hon. James Cooper, tendered to me the position of leading counsel in these trials, which I promptly declined, on the ground that I never had claimed such precedence for myself, as well as on grounds of policy and expediency for the prosecution.

“It was then agreed that the Hon. James Cooper, of Pennsylvania (the distinguished colleague associated with me for the State of Maryland), should occupy the position of leading counsel, which he did with fidelity and signal ability. I will here take occasion to remark that, however unfortunate[Pg 63] the preliminary difficulty between Mr. Ashmead and myself, and however prejudicial it may have been to the development of the evidence, by preventing that early interchange of views and information, which was necessary to a thorough preparation of these important cases, yet I received during the trial every social and professional courtesy at the hands of that gentleman, and he was at all times prompt to act upon any suggestion which might be made by either Mr. Cooper or myself.”

JOHN W. ASHMEAD.
U. S. ATTORNEY WHO CONDUCTED THE PROSECUTION.

Whatever may have been the nature of their difficulties or the character of their settlement, there was a good deal of “girding” during the trial from the defense at the relations of the various opposing counsel; and there was some recrimination after the Government’s defeat over the responsibility for what its representatives thought was a miscarriage of justice. When the lawyers were finally lined up the record showed these appearances: J. W. Ashmead, D. A. U. S., G. L. Ashmead and J. R. Ludlow represented the United States: R. J. Brent, Attorney General of Maryland, James Cooper, a Senator of the United States for Pennsylvania, and R. M. Lee, of Philadelphia, appeared as special counsel; Mr. Brent by order of the Governor of Maryland, of which State Mr. Gorsuch was a citizen; Mr. Cooper and Lee also private counsel of Mr. Gorsuch’s relatives: For the prisoner, J. J. Lewis, of West Chester, Th. Stevens, of Lancaster, John M. Read, T. A. Cuyler and W. A. Jackson, of Philadelphia.

David Paul Brown also sat at the prisoners’ counsel table; he appeared for Joseph Scarlet, whose case, with that of others, depended on the result of Hanway’s trial.

Most of these names will be remembered by the general reader as already eminent or soon to so become. The Ashmeads were notably able lawyers; Mr. Brent had high professional position; James Cooper was then United States Senator, from Pennsylvania; Ludlow later became a member of the Philadelphia judiciary; Lewis of West Chester and Stevens[Pg 64] of Lancaster were leaders of their respective county bars. John M. Read was later to be a member of the Supreme Court of Pennsylvania. Theo. A. Cuyler was long one of the foremost of Philadelphia’s lawyers. Mr. Jackson, junior counsel and historian of the defense, died Jan. 10, 1857, aged 29, and after less than six years his promising career ended.

The trial was held in the second story room of old Independence Hall and sentimentalists speculated as to whether the cause of Law or Liberty would prevail in a historic building consecrated to both these vital principles of organized society. It had been refitted for the occasion with new gas fixtures and special ventilating devices. The opening day did not attract the concourse that thronged the chamber and corridors as the trial progressed, but the seating capacity of the room was fully occupied.

Court opened at 11 A.M. Monday, November 24, 1851. Seventy-eight jurors answered; and Judge Grier ordered a call of the defaulters under promise of a $100 fine to those who were in default until next morning. Jurors called and some missing with one accord then began to make excuse. Before the session adjourned eighty-one answered and it appeared that nineteen had been previously excused. Arrangements were made for reporting the proceedings; there was some discussion over the impanelling of the jurors, but nobody was disposed to quash or continue; the prisoner, Castner Hanway, was arraigned and pleaded. The questions to jurors were framed upon the replies to which challenges were to be based, and the first juror, David George, was called on the second day of the trial.

Thence the selection of jurors proceeded until twelve men were secured satisfactory to both sides. This occupied the Court until Wednesday evening. Next day being Thanksgiving the trial was adjourned until Friday morning, the jury selected being accommodated and lodged at the American Hotel, opposite the old State House.

[Pg 65]An essential part of this narrative, in its political and popular interest, is the personnel of the entire venire of jurors. It is here given with brief memoranda abstracted from the official report, indicating what disposition was made of each person called. Where there are no comments the juror was not called; and the twelve finally sworn are each marked with a *.

    1. Adams, Peter, Farmer, Mohnsville P. O., Berks County.

    2. Baldwin, Matthias W., Machinist, 335 Spruce St., Philadelphia. Founder of Baldwin’s Locomotive Works. Stood aside.

    3. Barclay, Andrew C., Gentleman, 147 Arch St., Philadelphia. Challenged by defendant; had an opinion.

    4. Bazley, John T., Gentleman, Doylestown, Bucks County. Challenged by prisoner.

    5. Beck, John, Professor, Lititz, Lancaster Co. Principal of famous Boys’ School; Excused at Mr. Stevens’ instance because “the school could not get on without him;” grandfather of Hon. Jas. M. Beck.

    6. Bell, Samuel, Gentleman, Reading, Berks County. Associate (lay) judge and excused.

    7. Brady, Patrick, Merchant, 397 Arch St., Philadelphia. Challenged by prisoner for opinion.

    8. Breck, Samuel, Gentleman, Arch St., west of Broad, Philadelphia. Prominent citizen; aged 81 and deaf; Excused.

    9. Brinton, Ferree, Merchant, Belmont P. O., Lancaster Co. Later associate judge; father-in-law of Judge Wiltbank, of Philadelphia. Stood aside.

    10. Broadhead, Albert G., Farmer, Delaware P. O., Pike Co. Deficient hearing and frequent headaches; Excused.

    11. Brown, John A., Merchant, S.E. Cor. 12th and Chestnut Sts., Phila. Challenged by prisoner.

    12. Brown, Joseph D., Gentleman, 167 Arch St., Philadelphia.

    [Pg 66]13. Brush, George G., Merchant, Washington, Lancaster Co. A prominent citizen and Democrat. Challenged by prisoner.

    14. Butler, Robert, Clerk, Mauch Chunk, Carbon Co.

    15. Cadwalader, George, Gentleman, 299 Chestnut St., Philadelphia. Excused temporarily. Prominent Philadelphia Democrat. Subsequently called and challenged by prisoner.

    16. Cameron, Simon, Gentleman, Middletown, Dauphin Co. Ex U. S. Senator. Unwell and temporarily excused.

    17. Campbell, Hugh, Merchant, 33 Girard Street, Philadelphia.

    18. Clendenin, John, Gentleman, Hoagstown, Cumberland Co. Challenged by defendant.

    19. Cockley, David, Machinist, Lancaster City. Challenged by U. S. for opinion.

    20. Cook, Jonathan, Gentleman, Allentown, Lehigh Co. Challenged for opinion by defendant.

    21. Coolbaugh, Moses W., Farmer, Coolbaugh P. O., Monroe County. Challenged by prisoner.

    22. *Connelly, Thomas, Carpenter, Beaver Meadow, Carbon Co. Accepted and sworn (3).

    23. Cope, Caleb, Merchant, Walnut & Quince Sts., Philadelphia. Applied for excuse; refused as he was “not over 60.” Recalled and not answering, fined. Subsequently remitted on account of ill health.

    24. *Cowden, James, Merchant, Columbia, Lancaster Co. Stood aside at first, finally accepted (12).

    25. Culbertson, Joseph, Gentleman, Chambersburg, Franklin Co. “Excused for age, hardness of hearing and vertigo.”

    26. Darby, John, Gentleman, Fayetteville, Franklin Co. Enfeebled; deaf; excused.

    27. Davies, Edward, Gentleman, Churchtown, Lancaster Co. Stood aside.

    28. Deshong, John O., Gentleman, Chester, Delaware Co. Stood aside.

    [Pg 67]29. Diller, Solomon, Farmer, New Holland, Lancaster Co. Stood aside.

    30. Elder, Joshua, Farmer, Harrisburg, Dauphin Co. Stood aside.

    31. Dillinger, Jacob, Gentleman, Allentown, Lehigh Co. Excused because of “kidney trouble.” Conspicuous Democrat.

    32. *Elliot, Robert, Farmer, Ickesburg, Perry Co. Accepted and sworn (2).

    33. Ewing, Robert, Merchant, 446 Walnut St., Philadelphia. Challenged by defendant.

    34. *Fenton, Ephraim, Farmer, Upper Dublin P. O., Montgomery Co. Stood aside. Subsequently recalled and accepted (11).

    35. Fraley, Frederick, Gentleman, 365 Race St., Philadelphia. President of Schuylkill Navigation Company; Excused temporarily. Conspicuous citizen. Treasurer Centennial Company in 1876.

    36. George, David, Gentleman, Blockley, West Phila. P. O., Philadelphia Co. Stood aside. Recalled and challenged by U. S.

    37. Gowen, James, Gentleman, Germantown, Philadelphia Co. Father of P. & R. President F. B. Gowen. Challenged by prisoner. Democrat.

    38. Grosh, Jacob, Gentleman, Marietta, Lancaster Co. Political friend of Stevens. Associate (lay) judge, 1842-47. Stood aside.

    39. Hammer, Jacob, Merchant, Orwigsburg, Schuylkill Co. Associate (lay) judge; Excused on account of his wife’s illness.

    40. Harper, James, Gentleman, Walnut & Schuylkill Fifth Sts., Phila. Challenged by prisoner.

    41. Hazard, Erskine, Gentleman, Ninth & Chestnut Sts., Philadelphia. Father-in-law of Samuel Dickson, later one of the leaders of the Philadelphia bar. Challenged by the prisoner. Democrat; merchant; iron master.

    [Pg 68]42. Hipple, Frederick, Farmer, Bainbridge, Lancaster Co. Stood aside.

    43. Hitner, Daniel O., Farmer, Whitemarsh, Montgomery Co. Challenged by prisoner.

    44. *Hopkins, James M., Farmer, Bucks P. O., Drumore Twp., Lancaster Co. Ironmaster, Conowingo furnace. Fusion Candidate for Congress against Stevens in 1858. Accepted (7).

    45. Horn, John, Gentleman, 16 Broad St., Philadelphia. Biased in favor of defendant and challenged for cause by U. S.

    46. Hummel, Valentine, Merchant, Harrisburg, Dauphin Co.

    47. Jenks, Michael H., Gentleman, Newton, Bucks Co.

    48. *Junkin, John, Farmer, Landisburg, Perry Co. Accepted (8).

    49. Keim, William H., Merchant, Reading, Berks Co. Stood aside.

    50. Keyser, Elhanan W., Merchant, 144 North Ninth St., Philadelphia.

    51. Kichline, Jacob, Farmer, Lower Saucon P. O., Northampton Co. Challenged by prisoner.

    52. Kinnard, John H., Farmer, West Whiteland P. O., Chester Co. Stood aside.

    53. Krause, John, Clerk, Lebanon, Lebanon Co. Stood aside; had conscientious scruples against death penalty.

    54. Kuhn, Hartman, Gentleman, 314 Chestnut St., Philadelphia. Conspicuous citizen; descendant of old Lancaster family; Challenged by U. S. for opinion.

    55. Ladley, George, Farmer, Oxford P. O., Chester Co. Stood aside.

    56. Leiper, George G., Farmer, Leiperville, Delaware Co. Associate (lay) judge; excused. Prominent Democrat and intimate friend of James Buchanan, to his latest day.

    57. Lewis, Lawrence, Gentleman, 345 Chestnut St., Philadelphia.[Pg 69] President Mutual Insurance Company; very busy. Excused for a fortnight.

    58. Luther, Diller, Gentleman, Reading, Berks Co. Challenged by prisoner.

    59. Lyons, David, Farmer, Haverford P. O., Delaware Co. Challenged by prisoner.

    60. McConkey, James, Merchant, Peachbottom P. O., York Co. Deaf and deputy postmaster; excused. Of old Democratic family.

    61. McIlvaine, Abraham R., Farmer, Wallace P. O., Chester County.

    62. McKean, Thomas, Gentleman, 356 Spruce St., Philadelphia. Excused on account of illness. Leading citizen and member of distinguished family.

    63. Madeira, George A., Gentleman, Chambersburg, Franklin Co. Stood aside.

    64. Mark, George, Gentleman, Lebanon, Lebanon Co. Stood aside.

    65. *Martin, Peter, Surveyor, Ephrata P. O., Lancaster Co. Anti-Buchanan Democrat; later associate judge and prothonotary; “was under the impression offense might be treason.” Accepted (4).

    66. Massey, Charles, Merchant, 170 Arch St. Philadelphia. Excused on account of ill health.

    67. Mather, Isaac, Farmer, Jenkintown, Montgomery Co. Stood aside.

    68. Merkle, Levi, Farmer, Shiremanstown, Cumberland Co. Stood aside.

    69. Michler, Peter S., Merchant, Easton, Northampton Co.

    70. Miller, John, Gentleman, Reading, Berks Co. Challenged by the prisoner. Excused.

    71. Moore, Marmaduke, Merchant, 153 North Thirteenth St., Philadelphia. A prominent Democrat. Challenged by prisoner.

    [Pg 70]72. Morton, Sketchley, Farmer, Gibbon’s Tavern P. O., Delaware Co. Stood aside.

    73. Myers, Isaac, Merchant, Port Carbon, Schuylkill Co.

    74. Neff, John R., Merchant, 124 Spruce St., Philadelphia. Excused for absence from the State.

    75. Newcomer, Martin, Innkeeper, Chambersburg, Franklin Co. Challenged by U. S. for opinion.

    76. *Newman, Solomon, Smith, Milford, Pike Co. First juror drawn. Stood aside. Subsequently accepted (9).

    77. Palmer, Strange N., Editor, Pottsville, Schuylkill Co. Stood aside.

    78. Patterson, Robert, Merchant, S. W. cor. Thirteenth and Locust Sts. Had decided opinions. Challenged by prisoner.

    79. Penny, James, Farmer, Liberty Square P. O., Drumore Twp., Lancaster County. Stood aside. Neighbor to Quaker Abolitionists.

    80. Platt, William, Merchant, 343 Chestnut St. Philadelphia. Excused because of ill health.

    81. Preston, Paul S., Merchant, Stockport, Wayne Co. Stood aside.

    82. Reynolds, John, Gentleman, Lancaster City. Father of Gen. John F. Reynolds and Admiral Wm. Reynolds and former proprietor of a Democratic newspaper in Lancaster. Examined at length; showed disfavor to defendants and was challenged peremptorily by Stevens.

    83. Rich, Josiah, Farmer, Danboro P. O., Bucks Co. Stood aside.

    84. Richards, Matthias, Gentleman, Reading, Berks Co. Challenged by prisoner.

    85. Richardson, John, Gentleman, Spruce St., west of Broad, Philadelphia. President of Bank of North America. Excused temporarily for bronchial affection.

    86. Rogers, Evan, Gentleman, Locust St. and Washington Square. Challenged for cause by defendant.

    [Pg 71]87. Ross, Hugh, Farmer, Lower Chanceford Co., York Co. Challenged for cause by defendant. Scotch Irish, Presbyterian, Democrat.

    88. Rupp, John, Farmer, Mechanicksburg P. O., Hempden Twp., Cumberland Co. Associate judge; excused temporarily. Recalled and challenged by U. S. because he was opposed to death penalty.

    89. Rutherford, John B., Farmer, Harrisburg, Dauphin Co. Stood aside.

    90. *Saddler, William R., York Sulphur Springs P. O., Adams Co. Accepted (6).

    91. Saylor, Charles, Merchant, Saylorsburg, Monroe Co. Postmaster. Excused.

    92. Schroeder, John S., Clerk, Reading, Berks Co. Challenged by prisoner.

    93. Small, Samuel, Merchant, York, York Co. Prominent citizen and representative of notable family. Stood aside.

    94. Smith, George, Farmer, Upper Darby P. O., Delaware Co. Stood aside.

    95. Smith, John, Smith, Jenkintown, Montgomery Co. Challenged by defendant; extended discussion; challenge sustained.

    96. *Smith, Robert, Gentleman, Gettysburg, Adams Co. Accepted (5).

    97. Smyser, Philip, Gentleman, York, York Co. Challenged for cause.

    98. Starbird, Franklin, Farmer, Stroudsburg, Monroe Co. Stood aside.

    99. Stavely, William, Farmer, Lahasha P. O., Bucks Co. Challenged by prisoner.

    100. Stevens, William, Merchant, Whitehallville, Bucks Co. Challenged by prisoner.

    101. Stokes, Samuel E., Merchant, 39 Arch St., Philadelphia.

    102. Taylor, Caleb N., Farmer, Newportville, Bucks Co.[Pg 72] Suffering from what Judge Grier called “Epidemic of deafness.” Excused.

    103. Toland, George W., Gentleman, 178 Arch St., Philadelphia.

    104. Trexler, Lesher, Gentleman, Allentown, Lehigh Co. Stood aside.

    105. *Wainwright, Jonathan, Merchant, Beach, below Hanover St., Philadelphia. Stood aside. Subsequently recalled and accepted (10).

    106. Walsh, Robert F., Merchant, 5 Girard St., Philadelphia. “Thought the offense treason.” Challenged by the Court.

    107. Watmough, John G., Gentleman, Germantown, Philadelphia County. “Strongly against the whole business.” Challenged by U. S.

    108. Watson, William, Farmer, Mechanicsville, Bucks Co. Stood aside.

    109. West, David, Farmer, Kimberton, Chester Co. Stood aside.

    110. White, Thomas H., Gentleman, N. W. Cor. Ninth & Spruce Sts., Philadelphia. Challenged for opinion by U. S.

    111. Whitehall, James, Gentleman, Lancaster City. Challenged by prisoner.

    112. Witman, Andrew K., Farmer, Center Valley P. O., Lehigh Co. From neighborhood of Fries rebellion. Challenged by U. S. for opinion, after long discussion.

    113. Williamson, William, Gentleman, West Chester, Chester Co. Challenged by prisoner.

    114. *Wilson, James, Gentleman, Fairfield P. O., Adams Co. Accepted and sworn (3). From neighborhood of Stevens’ iron works.

    115. Vanzant, Franklin, Farmer, Attleboro P. O., Bucks Co. Two children sick. Excused temporarily.

    116. Yohe, Samuel, Gentleman, Easton, Northampton Co. Stood aside.

[Pg 73]As finally selected the trial jury consisted of the following persons:

    1. Robert Elliott, farmer, Ickesburg, Perry County, aged 69.

    2. James Wilson, gentleman, Fairfield postoffice, Adams County, aged 73.

    3. Thomas Connelly, carpenter, Beaver Meadow, Carbon County, aged 54.

    4. Peter Martin, surveyor, Ephrata postoffice, Lancaster County, aged 46.

    5. Robert Smith, gentleman, Gettysburg, Adams County, aged 57.

    6. William R. Saddler, farmer, York Sulphur Springs postoffice, Adams County, aged 41.

    7. James M. Hopkins, farmer, Bucks postoffice, Drumore Township, Lancaster County, aged 50.

    8. John Junkin, farmer, Landisburg, Perry County, aged 56.

    9. Solomon Newman, smith, Milford, Pike County, aged 48.

    10. Jonathan Wainwright, Merchant, Philadelphia, aged 66.

    11. Ephraim Fenton, farmer, Upper Dublin postoffice, Montgomery County, aged 52.

    12. James Cowden, merchant, Columbia, Lancaster County, aged 36.

Average age of jurors: 53.

In opening for the prosecution District Attorney Ashmead defined the act of treason, as it had been laid down in previous judicial deliverances, and he relied on the proof that there had been an armed and organized resistance to the execution of the laws of Congress, in which the prisoner not only participated, but of which he was a leader. After he had concluded, Z. Collins Lee, of Baltimore, United States District Attorney, appeared also for the prosecution. Witnesses[Pg 74] were excluded while other witnesses were testifying. Mr. G. L. Ashmead, who was a cousin of the United States Attorney, conducted the examination of the witnesses. The scene was located; Deputy Kline told his story in detail, substantially as the incident has been related; he insisted that he asked Hanway and Lewis to aid him in enforcing his writs and they refused; Hanway sat on his horse during the affray and Joshua Gorsuch, pretty badly hurt, got behind the horse for protection. Kline was the special target of severe and sarcastic cross-examination by Mr. Stevens, as he was the Atlas of the Government’s case. To break him down on the identity of those who were present at the riot, Mr. Stevens insisted on the Court allowing the presence in Court of all the prisoners; and when he accomplished this dramatic purpose he turned Kline over to Mr. Lewis for further and protracted cross-examination on the skirmishing movements of the arresting party before the riot. Mr. Read also took a hand in his cross-examination, which was not concluded until the Saturday of the first week. His last answer at this session was to the effect that he did not see Joseph Scarlet at the “action.”

Dr. Pearce testified at some length corroborating Kline; and averring very distinctly that he saw a shot fired from the window of the house at Gorsuch, the elder. He was severely cross-examined by Mr. Stevens, who intimated repeatedly that the witness had charged Kline with cowardice. Dickinson Gorsuch followed him and testified to the main facts. Neither he nor his cousin, Joshua, was subjected to any cross-examination; and both of them were less direct in their accusations against Hanway and Lewis than Kline, at the most declaring that Hanway’s arrival seemed to give the colored men inspiration and encouragement. The son established his father’s determination not to be driven or intimidated from the premises, and described the killing of him and the wounding of himself. These circumstances,[Pg 75] creditable to the valor of the Gorsuches, did not materially prejudice the case of the defendant on the trial. Dickinson recognized Scarlet as one who at first refused to help him, but subsequently got him water. Nicholas Hutchins was also examined as to the affray and corroborated the other witnesses; likewise Nathan Nelson, the other of the Maryland party. These witnesses were positive in their recognition of Noah Buley and Joshua Hammond, the elder two of the runaways.

The first week of the trial closed with Miller Knott on the stand. He was a citizen of the neighborhood, who was not charged with any complicity, but who had given aid to the wounded. He had seen a man on horseback, in his shirt sleeves—presumably Hanway—riding northward, with a band of negroes following him; and a half score or more attacking Dickinson Gorsuch, while others followed Isaiah Clarkson into the corn field. He saw Gorsuch the father lying alone not yet dead; and Joseph Scarlet, on horseback, at “the mouth of the long lane”; he subsequently returned with the colored men toward Parker’s house. From this witness it appeared that it was a mile from Hanway’s mill to Parker’s house, that Joseph Scarlet would have to travel two miles and his horse was “sweaty,” that Elijah Lewis lived from a mile and a half to two miles away. Mr. Knott was not subjected to cross-examination. His son, John, had preceded him to Parker’s by ten minutes and saw the riot from a point about thirty yards from the junction of the long lane and the house lane. He saw from fifty to sixty negroes come out from the house, shouting and shooting, disperse up the little lane and run toward the creek. He saw horses hitched on the fence in the long lane; he saw Dickinson Gorsuch bleeding and gave him water. Again the defense desisted from cross-examination of either of the Knotts. Alderman Reigart testified to an............