Elijah Lewis was next called to the stand. In the absence of Mr. Ashmead, who it appeared had determined to object to the witness, Mr. Brent made the objections, on the ground that he was interested in the issue of the trial,--i. e. if his testimony should procure an acquittal of Hanway, would this not enure to the acquittal of Lewis on the joint indictments against them, as Hanway could not be tried a second time? The objection was overruled by the Court, and the witness admitted. He was then carefully examined and cross-examined, and gave an account of the transaction, from the time he was first told that “there were kidnappers at Parker’s house,” until he delivered himself into custody.
Henry Burt, who lived with Castner Hanway during September, 1851, was next called. He testified to Lewis’ having told Hanway that there were kidnappers at Parker’s house. While Hanway was eating his breakfast, he saddled the horse. After the affray he saw Kline, and had some conversation with him.
Jacob Whitson testified that Kline, three days after the riot, came to his father’s house in search of Parker, who he said had shot Edward Gorsuch.
When the Court sat the next morning, Mr. R. M. Lee, considering himself misrepresented by Mr. Cuyler, in his remarks the day previous, explained the position he occupied in the case. The subject of counsel seemed to be a painful one to most of the gentlemen engaged on the part of the prosecution, and no opportunity was lost to explain to the public the relative position occupied by each. Mr. Cuyler, of course, when he heard that “the gentleman did not occupy the position of a volunteer, withdrew his remarks.”
Thompson Loughead was then examined as to the occurrences of the morning; Samuel H. Laughlin as to conversations with Kline; Isaac Rogers, who lived within a few hundred yards of Parker’s house, as to the occurrences of the morning; and John C. Dickinson in relation to conversations with Dr. T. G. Pierce, after the transaction. Dr. Patterson and J. G. Henderson also testified to statements made by Dr. Pierce in relation to the occurrences of the morning.
Hon. W. D. Kelly, one of the Associate Judges of the Court of Common Pleas, for the City and County of Philadelphia, Francis Jobson, (collector of water rents,) Wm. D. Francke, Daniel Evans, (fire-proof chest maker,) Isaiah G. Stratton, Wm. Stroud, (officer in the Custom House,) Jacob Walker, John Hinkle, Norman Ackley, (constable,) Anthony Hoover, Aaron B. Fithian, Geo. K. Wise, John Mackey, Andrew Redheffer, John McEwen, Thomas Liston, William Hopkins, James Smith, William Nutt, John Manderson, Jacob Glassmire, John Dittus, Joseph Parker, Charles H. Roberts,[B] testified that they knew Henry H. Kline. They were citizens of Philadelphia, and some of them had been acquainted with him for twelve or fourteen years. When asked the question prescribed by law, “What is his general character for truth and veracity?” the answer uniformly was, “It is bad,” or words to that effect. Some, and among these Judge Kelly, when asked, “Would you believe him on his oath?” answered, “That would depend on circumstances;” some answered positively “no,” and others so qualified their answers as to show their belief that his testimony should be received cautiously.