Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1859-04-14
AFTERNOON SESSION.

AFTERNOON SESSION.
Mr. RIDDLE continued his remarks on tho
defence.
His remarks in the morning brought him to
the time when the crowd had reached yelling
ton. He did not propose TO relate or to discuss
all the facts which have been brought out in
the testimony. 1t is conceded by the prosecu-
ton that it is necessary to prove the fact that
the defendant was conscious af being in the
commission OF a crime and offence. 1t was
necessary for the prosecution to prove the lelo.
nious intent OF the defendant. In general
criminals do not consult together in broad day
light, or commit their crimes in the light Of
heaven. Why did not the crowd wait until
the curtain of night had covered the town with
darkness before taking the negro off Again,
in the crow',, no concerted action was manifest,
but each appeAyed to work for himself
Mr.. Lowe and his posse arrived at the place
and stopped at tho " adsworth House, to wait
the passage of the train towards Columbus A
| large crowd had gathered at the fire the morn
| ing previous. This crowd came TO the place in
an excited state of mind, as natural conse-
| quence of the fire, which was an unusual oc
currence This crowd thus overwrought and
thus excited, formed the greater part of the
crowd that was gathered there in the afternoon
| From all the testimony adduced there were no
more than 20 of the Obern people at yelling
ton at the time of the rescue. There had been
a trial at the town hail, at which perhaps one
hundred people had gathered While there a
messenger came and announced that free ne
| gro had been taken away; and swore out war
rant for the arrest of those who had thus unlaw-
fully taken away the negro. The crowd hav-
ing this information and belief, then made way
to the house. The whole thing--the whole
seizure had upon it the appearance offs fraudu
lent and fagitous action. One man went
to the place with the idea that tho arrest was
an unlawful act OF kidnapping, and he found
nothing to change his opinion. The Southern.
ers took no pains to set the crowd right to the
real state OF the case, if they were wrong be.
fore. Instead of going forth to explain to the
| people that there was no occasion for a crowd
and telling them that this way of obtaining The
boy vas merely rHse Of their own, and that
they now have rightful authority over the negro
they do nothing of the kind. Had they really
had such good reason and lawful authority fol
the possession of the boy, they would have
openly and freely told the crowd the facts in the
case, not through the mouth of the negro, bu
with their own voices. Their miserable plaI
of sending the boy out to say for himself tha
he wanted to go back, &c, shows upon its fac
that the men who had him in charge could no
step forth and show legal authority for thei
proceedings. This plan Ofsendmg the boy ou
1 did not work as they wished; for it excited tn
" crowd rather than allayed their fever Th
> witnesses differ as to statement made and col
c duct of John while upon this platform JeI
=. nings says he said nothing--another says
:, did say he wanted to 90 back to his old mast,
- and mistress-another says he was stoppe
= just as he twas going to say he wanted to &
back" and thus they disagree This was nel
10 the time for the arrival of the train from CeyC
land, After this plan of having John speak iC
J himself fails, they call in one or two lawyer
u to see his papers, and find them partially righ
= But there is no evidence Of any concert of al
,e ton. and no proof being given of this, Bushnr
= cannot be charged with all the offences commi
! ed by the crowd in which he was. Until sue
- combination is proved every member in Il
- crowd is responsible only as an individual
~ How did Bushnell know of the papers OF 81
~ thority held by the SoGthemers and the Marsha
:, Even the Marshal who took the warrant to rea
~ passed down the back way and into an obsCu
- place where his warrant was read by anoth
~ man, Bushnell being no where seen. The
y were no means by which he could be suppos,
~ to know of the papers by which the boy W
Z held. There is no proof of any concerted a
10 tion-there is no proof that he had any kno'
W ledge or had combination with any one who h
AZ any knowledge of the fact that John was a fl
=, gitive slave,
le - In review, has it been proven that John W
= the property Of John G.. Baconl Was the :
81 per competent authority from the owner +
~ Were the two men identieal--the John
"a Kentucky and the John Of Oberlin Was
y taken by virtue of power of attorney II
-, ~ Bushnell any guilty knowledge, and did ho
aS 10 accordance with any such guilty knowledl
w. II you, gentlemen Of the Jury, do give a VI
IIuos dict oonvicting this defendant, it will aror
-. those freemen throughout tho North Of VIII,
~ we can say
m Firm paced aud sl9wa horrid ffcn' they form,
=; - sui Ssths breeze, but dreadful tho sionm
Il ! declare to you that the government has =
re-. nally failed is establishing case, and to you
wv left the rendering of the verdict
as Mr. RIDDLE closed with a brilliant perO
on ton, having spoken about four hours and thr
ey quarters
10 Judge SPAULDING continued the argumu
for the defence by saying that some 70
er. years ago he took upon himself the oatl
nat support the Constitution OF the United State
in took it as did Andrew jackson, who decla
,ut he would support II not as others might read
it but as his own good judgment should dict'
pi. Had Jackson done or said nothing else,
iat would by that have deserved eternal rem'
ton brance.
Inv stand here TO defend citizen who is
lat dicted for doing what Why, for Obeying
,oy precept Of Jesus, who said "when ye Sc
,ef- brother in prison, visit him" This defend
he has but visited a fellow being who was
chains, and for aiding him to gain his freed
, he is liable to incarceration in the peRiten
VI ry. The law provides that any violation OF
are Fugitive Slave Law shall be punished with
nut prisonment, and it rests within the breast Of
hat presiding officer Of this Court should the j
- render verdict Of gully, to say whether
'iP' imprisonment shall be in the County Jail or
State Prison.
tate We are to-day assembled in this city Of
one 900 people, and in district where there
tate majority of 10000 against the General Cow
,uld nent, but yet all Of these must not be eonst
,ble ed as enemies 10 the country. For yea
den trod the steps Of the Democratic party and !
, of er left il until refused 10 assent TO this
10 under which we try this case to-day.