For the Defense - Vol. 5, Issue 3 - 39

365-day period has elapsed. If the trial judge rules
against you and subsequently the Commonwealth
causes another substantial period of delay, file
a new
Rule 600
motion
based on
this additional
Lancaster
County
Historical
Society
convened
time
and litigate it prior
any
trialentitled
to preserve
an
a commemoration
of to
the
event
"The
objection
to the
additional
time period.
Christiana
Riot
and the Treason
Trials of 1851." In
keeping with the times, bands played, there were
* At the Rule 600 hearing, after the defense has
poetry readings and historical research papers
made
a prima Several
facie showing
that the defendant
presented.
black participants
in the events
hasofnot
been
brought
to
trial
365 days,
1851 participated as didwithin
descendants
of other
theparticipants,
Commonwealth
bears
the
burden
of
proving
including Edward Gorsuch and the
that
they have nonetheless acted with diligence.
defendants.
This means that after the defense has made such
a prima
showing,
it is the Commonwealth
Thefacie
community
attempted
to resolve the
who
shouldbetween
be required
to put law
on its
evidence
tension
an unjust
and
resistance to
it the
butdefense
was ultimately
unsuccessful.
It confirmed
and
should only
argue after
the
the irreconcilable
tension
in the formaof
a threeCommonwealth
has done
so. Essentially,
Rule
600
ton granite
stands
in Christiana
hearing
shouldobelisk
proceedthat
in form
almost
identically
On onehearing.
side, it reads
NOV.
to today.
a suppression
If the "TRIED
judge asks
you24,
1851-DEC.
11,
1851,
CASTNER
HANWAY,
NOT
to argue prior to the Commonwealth's evidence,
GUILTY,
HEthat
SUFFERED
FOR
FREEDOM"
and lists
make
it clear
you could
not
possibly argue
the
names
of
the
38
defendants.
On
the
on behalf of your client until you know whatother
the
side it reads, "KILLED, EDWARD GORSUCH, HE
Commonwealth's evidence of diligence is.
DIED FOR LAW."
* If the Commonwealth appears at the Rule 600
William
Parker
remained
in Canada
for
a
hearing
and does
not
present any
evidence
that
time where
he learned to
read and
write.
He
it acted
with diligence-for
instance,
they
did not
published
his
memoirs
in
The
Atlantic
Monthly
bring in the officer to testify to the attempts made
1866
shootoutthat
and
to in
find
anddescribing
apprehendthe
theChristiana
defendant-argue
his
vigilante
group
which
on
occasion
assaulted
they have not met their burden because the burden
killed
"slave
the area. Atlantic
of and
proof
includes
thecatchers"
burden ofinproduction
and
Magazine republished his memoirs in May 2020
arguments of counsel are not evidence.
as part of a series on the Black Lives Matter

Thus, a constitutional argument should be forwarded
when a delay prejudices a defendant and that delay was
primarily caused by the courts.
6
Pa.R.Crim.P.
Rule 600(D)(1).
movement.
There are reports that he gave a

commencement speech at Lincoln University in

Click
here
to view
1891 but
otherwise
he and/or
has beenprint
largelythe
lost to
full
notes
section
for
this
article.
history.

Locally, he was also largely forgotten until
about twenty years ago when the local Rotary
Club installed a bronze plaque adjacent to the
granite obelisk which reads, "William Parker,
'Bold as a Lion,' A Leader
in theErnst
Fighter
for
Katherine
is an
Freedom for His People,
September
11,with
1851."
appellate
attorney
the
Montgomery County Public
Defender's Office. She
handles appeals from all
units, juvenile to homicide,
and she also formulates
legal strategy for pre-trial
and trial units. Katherine graduated Magna Cum
Robert E. Welsh is a partner
Laude from Loyola Law School, New Orleans
in Welsh & Recker, P.C.
in 2007 and was on law review. She practiced
in Philadelphia and has
at Kaufman, Coren & Resspracticed
in Philadelphia
out and
white collar
of law school, and thereafter
did work
in the
business
criminal
law for 35
intersection of horseracingyears
law before
and §1983
for
a was
which he
number of years before following
her
passion
an Assistant United States
for indigent criminal defense.
Attorney in Philadelphia.

About the Author

About the Author

The Christiana Resistance
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For The Defense

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Lithograph from William Still's The Underground Railroad, 1871
Vol. 5, Issue 3 l For The Defense

39

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