On the morning on which the prisoners were brought into Court, Mr. Read represented to the Court the effect confinement had on Hanway’s health; and the Court instructed the Marshal, that when thus suffering, the authorities had “no right, if he can be safely kept otherwise, to keep him in a manner injurious to his health. If the Marshal can give this prisoner better lodging, feeling certain he can keep him safely, we have no objection to any indulgence of that nature, and direct the Marshal to grant it to him.”
After Kline had concluded, Dr. Thomas Pierce was called. His testimony embraces about thirteen pages of the paper book. He repeated substantially the evidence of the Marshal. Mr. J. M. Gorsuch was next called. His story was clear and consistent throughout. Mr. Dickinson Gorsuch followed him. These two gentlemen being one a nephew, the other a son of Mr. Edward Gorsuch, were not cross-examined by the defence. Messrs. H. Hutchings and N. Nelson were next called.
These witnesses had all accompanied Kline to Parker’s house, and testified to the occurrences there. The remainder were called to prove what transpired after the attempt to make the arrests had been abandoned, or to other circumstances deemed necessary by the prosecution to make out their case. After Miller and John Nott had been examined, the Court adjourned.
On Monday morning, after the excuses of several jurymen had been heard, and an order made for the alleviation of the condition of Collister Wilson, one of the prisoners awaiting trial, the cause was resumed by recalling Miller and John Nott. The array of counsel had, on Saturday, neglected to elicit something that had been, “upon consultation,” deemed of importance. The examination was resumed, and continued at length upon minor points, until the Court, at the instance of defendant’s counsel, stopped the repetition.
Alderman Reigart and Wm. Proudfoot, constable of Sadsbury township, testified to the conduct of Hanway and Lewis, when bullied by Kline at the house of Frederick Zerker, where they had surrendered themselves to the officers. The object of this was to show, that their silence was tantamount to a confession. Alderman Reigart testified to having come down from Lancaster with a _posse_ of one hundred and fifty men to make arrests.