Ans. James Atkinson, Abraham Ogden, William Cole, sergeant, Daniel Phyle, Charles Westfall, Charles Hong, Samuel Wilkins, and John Knipe.

Dallas. And general Bright?

Marshal. Yes.

Dallas. In consequence of this repulse did you take any other means to execute the writ?

Marshal. I did at a subsequent period, I passed the centinel, got into the house, went into the back parlour, where I saw two young ladies and a young gentleman, who were exceedingly alarmed. I tried to appease the young ladies' fears, which detained me in the house for some time. From the house, I went into the yard, (intending to go into the house of Mrs. Waters), where I saw two men: one of them called violently for guards, who I pursued and endeavoured to apprehend, and was prevented by the guards intercepting my passage down an alley through which he fled.

Dallas. Were you on account of the repulse, obliged to summon the posse?

Marshal. Yes; I struck off notices to the number of two thousand, and appointed officers specially to serve them on the persons who were to compose the posse.

Ingersoll. Had you any other writing, except those you

have already mentioned?

Marshal. Yes; an address.

Ingersoll. Any other?

Marshal. I cannot at present recollect.

After some time had elapsed, Mr. Ingersoll said, upon recollection can you say you had any other paper besides the commission, writ, and your address?

Marshal. I cannot..

Afternoon half past 3, court met.

Marshal. I wish to inform the court that after their rising, my memory was refreshed; and in reply to a question of Mr. Ingersoll, I have to state, that I had a paper, containing instructions or advice from Mr. Dallas, which he had committed to writing.

Dallas. Was there any reason given, why I did not give verbal instructions?

Answer. It was because you wished your advice to be in writing, to shew hereafter, what these instructions of advice were, in order that no misconception should take place.

Dallas. Did you not apply to me as, your counsel, and not as counsel for the United States?

Answer. I applied to you as my counsel: you have been my counsel for many years, ever since I entered on the duties of my office as marshal.

Joseph Weatherby, sworn.

Dallas. Did you accompany the marshal when he attempted to serve his writ.

Answer. Yes, Sir: on the 25th of March I went along with the marshal to the corner of Seventh and Arch streets. When we came there, there was a centinel at the door, who presented his piece to the breast of the marshal, very near to him; I thought the marshal asked him if he knew him, and added that he was the marshal of the district: he said he knew no person; he was placed there on duty, and was to let no person enter the house. After that, a guard was marched up, and drove us off the pavement. The marshal asked the sergeant who was the commanding officer? he said he was: he asked was there not a superior officer? he said there was, General Bright: he told him to send for General Bright, which he did. In the interval of half an hour the marshal obtained the names of the guard, which the sergeant gave to him. When General Bright came, he ordered the soldiers to charge bayonet and clear the pavement of every body except the marshal. The marshal then asked him if he acknowledged him to be the marshal of the district? he said he did: the marshal gave him an outline of what was his commission, and again approached towards the door: but was again repulsed: the marshal then read his commission aloud, and told the men to lay down their arms they answered, they would not: the marshal asked General Bright, whether, if he attempted to enter the house, would it be at the risk of his life? General Bright said it would: the marshal then represented to them the circumstances of the case, and made an address.

Dallas. Were you an assistant of the marshal?

Answer. Yes, Sir.

Dallas. Were you obliged to withdraw in consequence of this opposition?

Answer. Yes, Sir: we found it impracticable to serve the process.

Ingersoll. What papers did you see the marshal have?

Answer. He read his writ and commission, and he made an address. I saw no other papers than those.

William Whelan, sworn.

On the 25th of March, Mr. Smith, the marshal, Mr. Weatherby, and myself went up to the house of Mrs. Sergeant, at the corner of Arch and Seventh streets, (with the inten

tion of serving a writ that was in the marshal's hands, against Mrs. Sergeant and Mrs. Waters) where we found a centinel posted at the door, who, on our approaching, presented his bayonet to the marshal's breast, and told him he should come no nearer the marshal asked the centinel if he knew who he was? he answered, he did not care; he was doing his duty and would do it: Mr. Smith said, I am the marshal, and have a process to serve in the house: the centinel said, my orders are to suffer no person to enter into it, and I will obey them. About this time 6, 7, or 8 men in uniform, with arms, came round the corner of Arch street, accompanied by a sergeant with a drawn sword, and stationed themselves afront of the house, ordering all persons to stand back. Mr. Smith addressed the sergeant, asking him who was the commanding officer of this guard? the sergeant said he was: Mr. Smith asked, who is your superior officer? he said General Michael Bright: the marshal requested he would send for General Bright, which the sergeant did: Mr. Smith asked the sergeant if he knew who he was? he answered yes; he knew him to be the marshal: Mr. Smith informed him he had a process to serve in the house: the sergeant replied that he (the marshal) could not be permitted to enter: Mr. Smith asked the names of the guard, which the sergeant complied with the roll was then handed us, from which we took the names of all the guard. In about half an hour General Bright appeared, and ordered the guard to charge bayonet and clear the pavement of every person except the marshal; which they obeyed: Mr. Smith asked General Bright if he knew him and acknowledged him to be the marshal of the district he answered yes, he did: Mr. Smith informed him that he had a process to serve in the house, and requested entrance the general refused: the marshal then read aloud the writ, and again demanded entrance; which was again refus. ed: Mr. Smith asked General Bright, if he (the marshal) should persist in entering, would it be at the risk of his life? he replied yes, it would: the marshal got a chair, mounted it and read aloud his commission as marshal, an address he had prepared, and said, I will now proceed to execute my writ: Mr. Bright replied, do not attempt entering at the hazard of your life the marshal said, if they wished for time to reflect it should be granted: the general said they wanted no time; but resist they would: the marshal went forward a few steps, when General Bright ordered the guard to keep him off; which they obeyed by 4 or 5 of them pointing their bayonets to his breast, ordering him (the marshal) to stand

:

:

off: General Bright said his orders were to protect the ladies. in those houses, and would do it. We then retired and went round to the house of Mrs. Waters, in Seventh-street, where we found a centinel at the door, General Bright and some of the other men came round and stationed themselves afront of the house: the marshal requested entrance to serve his writ there, which was refused by the general, telling the marshal that it would be at the risk of his life if he (the marshal, would persist in entering. We then withdrew, the marshal declaring if the opposition was not withdrawn, he would be under the necessity of calling out the posse of the district, to enable him to execute his writ. Benjamin Tilghman, sworn.

Mr. Dallas. Were you present at the time the marshal attempted to serve his process ?

Answer. I was. I was walking near the house of Mrs. Sergeant between the hours of 12 and 1 o'clock on the 25th of March, and observed a number of

persons on the pavement, also a centinel armed and in uniform walking before the door. The marshal came up and proceeded through the crowd towards the door; when he came near the door, he was stopt by the centinel who charged bayonet upon him; Mr. Smith asked the man if he knew who he was? the reply I did not hear, but immediately afterwards I heard the centinel say he was placed there to protect the ladies, and their property and would do his duty. A few minutes afterwards a number of the guard came quickly round the corner, drove back the crowd, and arraigned themselves before the door on the pavement. I observed the officer of the guard, speaking to the marshal, and the marshal writing on the crown of his hat. At this time I joined the marshal, and staid with him for half an hour; when M. Bright came he instantly ordered the guard to charge bayonet and drive back the crowd. The marshal then asked General Bright if he recognized in him the marshal of the district of Pennsylvania? he said he did: the marshal then informed him that he came to execute the process issued out of the District Court: and General Bright replied, then you will be resisted: the marshal then asked if he attempted to execute his writ, would it be attended with the risk of his life? Bright said it would the marshal proceeded towards the door, and General Bright ordered the guard to charge bayonets, and placed his hand on one of the muskets opposite the marshal's breast: the marshal then called for a chair, it having been procured, he mounted it and addressed the guard and those who were near him. He stated

that his duty demanded him to execute the process now in his hands, issued by virtue of a mandate from the highest judicial tribunal, that he should be governed by prudence and discretion, but with that firmness which it was his duty to manifest; that it became the serious consideration of the military arrayed against him to consider how far they were authorised in, resisting the laws, and he hoped they would withdraw their opposition, that he would grant them time to consider of it, but he solemnly declared his intention of eventually executing the process he had in his hand ; that he would raise the posse of the district if the opposition were not withdrawn. He also read, and exhibited the writ and his commission; he then made another attempt but was driven back: he then ordered them in the name of the United States to ground their arms: General Bright ordered them to continue their resistance, and said they were placed there to protect the ladies of the house, and they should continue so to do until he received orders to the contrary. The marshal went round to the house of Mrs. Waters, where similar circumstances took place.

Cross-examined.

Mr. Ingersoll. By whose orders did General Bright say he was placed there?

Answer. I do not recollect precisely; but I think it must be the executive of Pennsylvania; because he said he would resist until he had contrary orders from Lancaster.

Mr. Ingersoll. You mentioned he read his writ, commission, and an address: did he shew or speak of any other paper?

Answer. I think not any.

Mr. Dallas. The attorney general of Pennsylvania, admitting the identity of the defendants, I have no occasion to establish that point by evidence. I shall therefore offer no further testimony to the court.

Mr. Franklin. It becomes my duty on this occasion to state to you the grounds on which we rely for an acquittal of the defendants, from the heavy charge which has been preferred against them.

The defendants are charged in the first count for that they knowing that the process mentioned in the indictment was duly awarded and issued by and out of the District Court of the United States, for the district of Pennsylvania, and duly delivered to the marshal of the said district, did knowingly,

F