But the papers were safe in Dr. Crandall"s trunk. Yes, all were there and safe, but those taken out and circulated, exactly as the case would have been had they been counterfeit bank notes, and not incendiary pamphlets. Gentlemen, did he not give Mr. King one, because he thought that he _would not_ mention it? And, gentlemen, would he not as likely give to those who _could not_ tell? At every step in our community, he meets such men; he is enjoined in the language of these papers, to give them currency "in highways and by-ways." This man should be glad of the opportunity, by public trial, to exonerate himself from the charges against him. They are distinctly made--the testimony clearly laid down--testimony, in my opinion, ample for his conviction. There are two questions in this case: are the libels charged criminal?--are they proved to have been published by the traverser? I call your attention to the libels and to their tendency. The Colonization Society published them only to denounce them. The Colonization Society only contemplates free negroes, and has nothing to do with slavery.
Mr. Key here explained the difference between the papers read by the traverser"s counsel and those charged in the indictment, and showed that the Kentucky synod, the grand jury of our District, &c. were for gradual emanc.i.p.ation by the whites, and not violence by the blacks, &c. He thought having a number of these printed libels stronger proof against the traverser than having only one written; commented upon these papers coming through the post office with only one cent postage, as strong evidence that they were sent in here; upon the fact that none of his witnesses testified to his character or pursuits within the last two years; upon the improbability of such a man as Crandall was represented to be, of high character as a man and a physician, leaving Peekskill to go botanizing merely. Mr. K. here commented upon the inflammatory character of the libel alluding to the _colonial_, and, as he contended, the _general_ system of slavery. Mr. K. here read again from the pamphlet, and then added: I am accused of being emphatic; I confess my blood boils when I read the closing sentence of this libel--this taunting us with the torch of the negro at our threshold, and his knife at our throats--this fiendish allusion to the _beauty_ and chivalry of the South; it displays cool and demoniac malignity! Mr. K. then alluded to the pictures, saying that they could be meant only for the illiterate, and tended only to insurrection and violence. Mr. K.
animadverted upon the speeches and opinions of eminent Southern men, quoted by the traverser"s counsel, to show that their objects were different from those of the abolitionists. Mr. Key remarked, with great severity, on the abstract proposition of the sinfulness of slavery, and the declaration in the libels of the "South being awakened from their snoring by the thunder of the Southampton ma.s.sacre." He contended that Crandall admitted, in his examinations at the jail, that all the papers he had were sent from New York, and came in a box; and said nothing about having received two parcels; and that he also admitted, that he had all the papers sent, but twelve or thirteen, and argued that those twelve or thirteen were circulated here, amongst improper persons: that if otherwise, the traverser might and could prove to him, to whom they were delivered.
He adverted to the slander contained in the libels, that a free person of color might be sold here for jail fees when apprehended as a runaway slave. He commented on the evidence of Mr. Austin, and argued that it was far from showing that the packages were not broken by Dr. Crandall, and part of them taken out and distributed. He also argued that Dr. Crandall took no pains to have the pamphlet returned to him, which he delivered to Mr. King, and did not destroy those he had after hearing that there was an excitement on the subject, and that none of these libels and picture books were used by him, as the other newspapers were, to preserve his plants, thereby proving his disposition to preserve and circulate them. Mr. Key also referred, in corroboration of what C."s views were, to his declarations to Jeffers" favorable to the amalgamation of the blacks and whites, and also those to Colclazier and Tippet, "that slavery brought the slaveholder and slave into promiscuous sensual intercourse," "and that he was willing that the North and the South should be arrayed against each other." Mr. Key added: This is a subject to us not of indifference. It has been one of much excitement, and we are bound to act in self-defence. If in your conscience, gentlemen, you think the traverser innocent, acquit him. Judge of these libels--the words--the meaning--the tendency--read their endors.e.m.e.nt "please read and circulate" in the traverser"s handwriting--look at these pictures!--hear his admission, "I gave them to a man who I thought would not tell on me." There are twelve or thirteen of them brought here by him unaccounted for; hear his prevarications in the jail and elsewhere: and if he is an innocent man, cruelly imprisoned under an illegal warrant, and these vile, calumniatory libels, are actually this _innocent_, _persecuted_ gentleman"s _property_--_stolen_ from him--then gentlemen return him his property and let him go free. It is with you, gentlemen; I ask of you but to do your conscientious duty.
The jury retired, and, after a short deliberation, agreed upon a verdict of NOT GUILTY. After which they separated, and returned their verdict into Court the next morning.