Prison at Tecumseh

FROM KANSAS

PRISON AT TECUMSEH, KANSAS

Monday, December 15, 1856

To the Editor of the National Era:

Notwithstanding the change in Gov. Geary’s policy, Kansas has not yet received a happy peace. To be sure, the arrests and seizures made of late are few, compared with the wholesale and daily ones of a few weeks since; although the Marshal and his innumerable deputies seem to be as indefatigable as ever. Still, noting is done on, or rather against, the other party. As an illustration of the feeling of the official party on this subject, I will name a transaction which occurred here not long since. I have already given the Era an account of the trial of the remaining Hickory Point boys here, and of the discharge of the grand and petit juries, and adjournment of court. It had been supposed that the grand jury would merely adjourn for a few days, to meet again at the convenement of court last week. The cause of this not being done, I have since reliably learned, was as follows: The whole grand jury, with two exceptions, was rank Pro-Slavery, and, of course, went in heavily for the indictment of every Free State man in the district, who had even been seen with fire-arms about him. This the small minority found it impossible to resist. They yielded, and, to try their honesty and impartiality, demanded an investigation into a robbery affair in the southern party of the Territory. They squirmed not a little, but finally consented to summon a few witnesses, for examination concerning the affair. But the first witness implicated all the grand jurymen but four. What did that honorable body at this? Their action was a very simple one—they immediately arose, and informed the court that they had no further prisoners before them. They were discharged, of course—Judge Cato, undoubtedly, being aware of the difficultly they had got in.

The Supreme Court sat but two days. They applications for new trials were considered and refused, as I had supposed would be the case, after Lecompte and Cato saw they could not bring Free State men here for manually defending their rights.

After the adjournment of the Supreme Court, Cato returned, and held a session of two days. In that time, he examined the prisoners lately brought up from Ossawatomie. Samuel and William Kilbourn were discharged. Henry Kilbourn, a lad of about fourteen years of age, was charged with robbery. He arose in court, and boldly made an explanation of the whole affair. Two years ago he came to Kansas, in company with his father and two brothers.

From the time they settled on the Osage, they and the other Free State settlers were marked for targets for the rifles of the Missouri robbers and invaders. Their homes were burned, their cattle and other property all taken away, and themselves driven to the woods and caves along the Osage, for safety.

Henry, after a few days, crept form his hiding place, and, with some friends, followed some of the party back to Missouri. They were unable to recover their own property, but they knew the men who had aided to destroy or drive it off. They watched the movements of the robbers, and the first time they found them across the State line, went quietly to them, and took enough property from them to compensate them for their losses. All this the boy admitted, and told them to do their worst. The judge immediately sentenced him to twelve months’ confinement in the country jail.

The Pro-Slavery party had called a convention at Leavenworth last week, and all the courts were adjourned to allow the officials to attend. The object of the convention was to ascertain whether it were better to change the policy of the party to one more humane, and, at the same time, more subtile. But, for some reason, the convention adjourned over to some time in January.

Mr. G.A. Sexton and myself made application to Judge Cato for bail last Saturday, the Supreme Court having issued an order authorizing him to admit to bail such persons as chose. Mr. Haseltine had just been released on bail, by proving an alibi. He was charged with murder at Titus. The principle charge against us was the same. I proved by two undoubted witnesses that I was in Topeka at daylight and at noon on that day, while the fight in which the crime is alleged to have been committed took place, according to evidence to-day. I will have one or two additional witnesses, and could get any number, were it not for the writs and indictments which hang over them. They could not appear, without great danger of being brought into greater difficulties than I am now in. Mr. Seldon had but one witness present. He will have more today.

The bogus Legislature will, it is rumored, immediately after their convenement at Lecompton, adjourn to this place. This is probably on account of the want of accommodations at Lecompton. The Free State Legislature will meet at Topeka on the 6th of January, in accordance with a provision of our Constitution. Some think there must be a collision. I think differently. After the explanation demanded of Colonel Sumner by the President, for the dispersion of that body on the fourth of July last, I do not think that either Pierce or Geary will dare to make a move in that direction, by any specified orders; and no military commander who remembers that demand upon Sumner will like to perform such a feat without pretty definite instructions to fall back upon. I hope to be on hand, and see whatever may occur.

K.