Holmes County Republican. [volume] (Millersburg, Holmes County, Ohio) 1856-1865, 1858-12-16
The Wellington Rescue Case.

The Wellington Rescue Case.
U. S. Marshal Johnson went to Oberlin
on Tuesday, 7lh inst, to serve writs on
the parties 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 Ober-
lin. There was no excitement and no at
tempt 10 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 Marshal says that the Fac
ulty of Oberln and the citizens are all
gentlemen in every respect, and he wishes
to make public acknowledgements of that
fact. Promise was made that the persons
on whom process was served woull voiun-
tarilv attend the U. s. Court in this city
and submit to the requirements of the law.
Wednesday afternoon the following per
sons appeared in court, to wit: Prof. Hen
ry f. Peek, Rev. james NJ. Fitch, William
E. Scrimiger, Ansel A. Lyman, James r.
Shepard, Simeon Bushnell, David Watson,
John Watson, John III. Scott and Henry
Evans all of Oberln. The remainder of
the persons indicted have engaged TO be
in court this (Thursday) afternoon or to-
morrow.
On being arraigned, Judge Spalding,
counsel for the indicted, demanded imme
diate trial. They lad been taken from
their homes and fre-sides and now asked
a speedy hearing and were ready for trial.
This announcement staggered the Federal
Attorney, Judge Belden, who did not
dream but these men like other criminals,
would ask postponment. He 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 Dis
trict Attorney, who has the whole matter
under his control, who knows all the Sc
crets of the Grand Jury room, who can lay
his finger upon every witness for the pros
ecution, who can hold such witnesses by
the whole Federal force, asks postpone
lnent of the trial. The prosecution said
witnesses were in Kentucky and it would
take two weeks to get them. Judge Spal-
ding asked if it is reasonable that citizens
of Ohio should be thrown into Jail toawait
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 Jurisprudence that prisoners should
in vain ask for an immediate trial. No
one doubts that the Federal Attorney could
have called every witness, upon whose les
timony the proceedings were Instituted, to
the witness box, but no, the trial must be
put of, and in so doing so the Federal At
torney has either. stated a falsehood or
there is not sufficient to convict, and if not
sufficient to convict, what an outrage it
was upon justice that he should have per-
mitted the Grand Jury to find a bill.
The Court, however, granted continu-
ance, and stated that the defendants would
be held TO bail in the sum Of five hundred
dollars each. ave 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 it would not
have produced greater futtering. The
Court and District Attorney were non-
plussed and looked with wonder upon these
men of Oberlin, who dared to beard those
appointed to execute the Fugitive Slave
law, eyen in their Court Room. Consul
tation was had, the Jail doors were yawn-
ing for the victims, and shackles were at
hand, if safety demanded them, but the
Court directed that the defendants should
each enter into his own recognizauce for
apper rance 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, can
not bring suit in the Federal Court, but
who yet were permitted TO depart upon
their own recognzances. What will Mr..
Buchanan say to such an Interpretation of
that decisions? And what will he say to
sucl, an execution of his pet nigger-caich.
ing law?
Thus ended that chapter in the Well.
ington rescue case, and each "rescuer" has
gone homo on his own word of honor
which is all that being discharged on ones
own recognizance means-that he will re.
turn at the March term. Bail they would
not give and did not give, although the
Court offered to put it down to the mere
nominal sum Of five hundred dollars and