The Court adjourned earlier than usual, both to give counsel an opportunity of consultation, and to await the return of Messrs. Cooper and Stevens, who were absent at Washington, where they had gone to be present at the opening of the thirty-second Congress.
The next morning, Tuesday, Mr. Cuyler opened for the defence. After expressing his surprise at the insufficiency of the testimony offered to prove what had been threatened, he commented on the strange and unprecedented array of counsel in the case for the Government. He spoke of the fidelity of the State of Pennsylvania to the Constitution, and for himself and colleagues endorsed the eulogistic remarks of the opposite side, upon the value of the Union. The defendant, he said, did not come to justify the transactions at Christiana, but to say that “he was in no way a party to those outrages.” He was a native of Delaware, had, at five years of age, removed with his father to Chester county, Pa. After living there for several years he had resided in Maryland, and afterwards in one of the Western States. About three years previous to the trial he had returned to Chester county, and in 1850 married and settled in Lancaster county, near Christiana. Mr. Cuyler then mentioned two cases of kidnapping which had occurred in Lancaster county, and spoke of the natural feeling in the neighborhood in regard to such outrages. He then detailed the occurrences of the morning of the eleventh of September, stated that it would be proved that Hanway had been told there were “kidnappers at Parker’s house,” that it was this which carried him there; that it was owing to his and Lewis’ exertions that more blood was not shed; and that, by throwing himself between the negroes and their pursuers, Hanway had saved the life of Dr. Thomas Pierce. He then stated that he would show by “ample proof the notorious bad name of Kline for truth;” and closed his remarks with his view of the Law of Treason, quoting at length from many acknowledged authorities.
Thomas Pennington was then called, to testify to the “kidnapping and carrying away of colored persons, in the neighborhood of the Gap, within the last year.”
The testimony was objected to, and a long argument ensued. The Court ruled that it was important, as bearing upon the question of intention, and must be admitted. The witness then stated, that in January, 1851, just after nightfall, two men entered his house, presented a pistol at the head of a colored man, who lived with him, and threatened to blow his brains out if he resisted. Other men followed, bound the black man, dragged him off, placed him in a carriage, in waiting, and hurried him away. Henry Ray, Rachel Chamberlin and Miller Pennington testified to the same facts.