Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1858-12-10

"
indicted by the Grand Jury for having been
concerned in the rescue Of the slave "John" at
WELLINGTON on Sept 18th. He took but one
Deputy with him, who was employed IN serving
process on those who resided at some distance
from Oberlin There was no excitement and
no attempt to resist the process OF law On the
contrary. Marshal johnson informs us that the
disagreeable duty was performed by himself and
submitted to by the parties indicted with the
utmost courtesy and good feeling. The Mar
shal saws that the Faculty OF Oberln and the
citizens are all gentlemen in every respect, and
he wishes to make public acknowledgment OF
that fact. Promise was made that the persons
on whom process was served would voluntarily
attend the U. s. Court in this city and submit |
to the requirements of the law.
Wednesday afternoon the following persons |
appeared in court to wit Prof Henry L. Peck,
Rev. James NJ. Fitch, William E. Scrimiger, |
Ansel A LYMAN, James R. Shepard, Simeon
Bushnell, David Watson, John Watson, John
II. Scott and Henry Evans all of Oberlln. The
remainder Of the persous indicted have engaged
to be in court this Thursday afternoon or to-
morrow.
| On being arraigned, Judge SPaldlng, eoun-
sci for the indicted, demanded immediate trial
They had been taken from their homes ana hre-
sides and now asked a speedy hearing and were
]
| the Federal Attorney, Judge Belden, who did
not dream but that these men like other oriHl-
naLs. would ask postDonement lie was then put
ON the defence and asked for delay. What other
proof need the public have that this prosecution
is merely for effect at Federal headquarters, than
| the fact that the District Attorney, who has the
! whole matter under his control, who knows all
the secrets ofthe Grand Jury room, who can lay
his finger upon every witness for the Proseeu-
| ton. who can hold such witnesses by the whole
| Federal force, asks postponement OF the trlal'
! The prosecution said witnesses were IN Men
! tuckY and it would take two weeks to get them
Judge Spaiding asked II 1t IS "reasonl,!e thaI
citizens Of Ohio should be thrown into jail to
await the movements of Kentucky slave catch
ers." Mr. Belden, as adviser of the Grand jury,
has been instrumental in finding this indictment,
and the thing is unusual in criminal Jurispru-
dence that prisoners should in vain ask for an
immediate trial. No one doubts that the Fede'
raj Attorney could have called every witness, up
on whose testimony these proceedings were ln-
| stituted. TO the witness box, but no, the trial
must be put off, and in doing so the Federal At
torney has either stated a tasehood or there Is
not sufficient TO convict, and II not suihcent 10
convict, what an outrage it was upon justice
that he should have permitted the Grand Jury
to find a bill
i
and stated that the defendants would be held 10
bail In the sum of five hundred dollars EACH
1--WE give no bail, may it please the Court, and
the prisoners are here subject to the order OF
the Court" If Judge Spalding had sent
respectable sized torpedo to the Bench II would
not have produced greater duttering. The Court
and District Attorney were non plussed and
looked with wonder upon these men of Oberlln,
who dared to beard those appointed te execute
the Fugitive Slave law, even IN their Court
Room Consultation was had, the jail doors
were yawning Tor the victims, and shackles
were at Land, if safety demanded them, but
the Court directed that the defendants should
each enter into his own recogniZance for appear
ance at the March term Let it be noted that
among these defendants were negroes, who, by
the Dred Scott decision, are not citizens OF the
United States, cannot bring suit IN the Federal
Court, but who yet were permitted TO depart
upon their own recognizances. What Will
Mr. Buchanan say TO such an Interpretation
of that decision And what will he say TO
such execution of his pet nigger catching
law
Thus ended that chapter in the Wellington
rescue ease, and each "rescuer" has gone home
on his own word of hOnOr-which Is all that
being discharged on ones own recognlZance
means-that he will return at the March term
Bail they would not give and did not glye' al
though the Court offered to put it down to the
mere nominal sum of five hundred dollars and
allow one to sign the bond for the other
Herald.
Yesterday Ralph Plumb, Esq, of Oberlin'
who was engaged in trying case at Yelling
ton when arrested by U. S Marshal Johnson
, and was permitted to finish the case and appear
before the U S Court at his leisure; and Messrs
John Vaudeville, Mathew De Wolf, and Abner
Loveland, of Wellington, appeared before the
S United States Circuit Court, Judge Wilson pre-
siding, and entered into their own recognizances
Of 81, GOO each to appear at the March term
The counsel for the persons arrested are
t Messrs R. P. Spalding, A. G Riddle, and S. o
5 Griswold. Ralph Plumb, Esq will probably be
counsel for at least one ofthe defendants, as We
: understand he has just been admitted to Prac'
tice in the U. S District Court.
We have published the very extraordinary
and very discreditable charge of Judge Wilson
y to the Grand Jury, and such facts as we theT
. had touching the position of one of the Ju
rors selected by U. S. Marshal Johnson Fur
, ther reliable information - facts doubtless
: known to the Marshal at the time Lewis d
i Bovnton was put upon the Jury-show how
k faithfully he has carried out the spirit Of tina
charge and of u s District Attorney Belden
u in indicting some thirty-six citizens OF LoraH
county. under law which even Judge W. say
= 'contains provisions repugnant to the mora
= sense of many good and conscientious people
would that paid u S Officials could be mclu
ded. The facts we learn are these:
Saturday two slave hunters stayed over nigh
% at the house of Lewis D. Boynton. Monda,,
forenoon son of Boynton, only twelve years o
age, took the horse and buggy of his fathe
and proceeded to the village of Oberlin. IL
u found the colored man John, told him hi
} father wished to hire him to dig potatoes, AM
:, induced the unsuspecting victim to get into tn
u buggy with him to proceed to his labors. Whe
about one mile and a half from the village car
i riage came in behind the buggy at cross road
l. and soon driving up by the side, the BOyntol
-h lad STONED his horse, and the first John kne'
n Of the tolls set for him he was seized from be
, hind 5y the arms, dragged from the buggy
is pinioned, and placed in the carriage betwee
I'd his brave and chivalrous Kentucky captors.-
N y, The carriage was driven rapidly south some tw
e miles to road leading to Wellington, and iortu
d uately for kidnapped John after entering upol
a this load an Oberlin student was met who kneV
u him, understood at g.ance the outrage that ha
as been committed on the rights of fellow being
and gave the alarm along the road and at Obel
lin. The Boynton boy returned to the HON
n oI,. 81 ha IN