" "If this man Gildersleeve fails to make out the
facts set forth in the warrant of arrest, I will request the
Prosecuting Attorney of Luzerne County to prosecute him
for perjury. * * * If any tuppenny magistrate, or any
unprincipled interloper can come in, and cause to be arrested
the officers of the United States, whenever they please, it
is a sad affair. * * * If _habeas corpuses_ are to be taken
out alter that manner, I will have an indictment sent to the
United States Grand Jury against the person who applies for
the writ, or assists in getting it, the lawyer who defends
it, and the sheriff who serves the writ. * * * I will see
that my officers are protected." On a subsequent day, Judge
Grier gave an elaborate opinion, reciting the facts in the
case, _as stated by the prisoners_, and ordering them to be
_discharged_! He said:--"We are unable to perceive, in this
transaction, anything worthy of blame in the conduct of these
officers in their unsuccessful endeavors to fulfil a most
dangerous and disgusting duty; except, perhaps, a want of
sufficient courage and perseverance in the attempt to execute
the writ!"
Wynkoop and the other were discharged by Judge Kane on the ground that
they did only what their duty, under the Law, required.
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