Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1859-04-16

q. Bacon, Of the said State Of Kentucky, Tho
person 20 whom such service and labor were
then due, and so being held to service, the said
John did escape 10 the State Of Ohio, &C.
This avernent Is almost in the precise Ian
guage Of the statute II has been uniformly
held by the Federal Courts, that ia indictments
for misdemeanors created by statute, IL is sufIi-
cicnt TO charge the offence IN the language Of
the statute There is not that technical nioety
required as 20 form, which seems 10 have been
adopted snd sanctioned by long practice In
cases Of felony. United States vs.. Mills, Z Po-
ters r. l42 United States ys. Lancaster 6
Mclean 43t
We arc clearly Of the opinion, that the ex-
cepiiOns TO this indictment, both as TO form and
matters Of substance werc not we'll taken, aud
that the motion TO quash was properly overrul-
ed.
The case then, Gentlemen Of the Jury. goes
to you for the determination of the issue Of
iact;-ls the defendant giity OF not gully ofthe
offence with which he stands charged in the in
dictment
The indictment contains but a single count.
II charges that on the first day Of March, in the
year Of our Lord one thousand eight hundred
and fifty seven, certain negro slave called
John, person held TO service and labor in
che State Of Kentucky, one of tho United States
the said John being the property Of one John
G, Bacon, Of the said State Of Kentucky, the
person TO whom such service end labor were
then due, aud the said negro slave called John,
to wit on the day and year last aforesaid, 90
being held to service and labor as aforesaid,
and said service and labor being due Ss aforc-
said, did escape into another State of tho Unit
cd States, to wit into the State Of Ohio, from
the State of Kentucky; that Afterwards to wit
ON the first day of October in the year of our
Lord one thousand eight hundred and fly
eight, one Anderson Jennings the agent and
attorney of the said John G.. Bacon, duly au
thorized for that purpose, by power Of attor.
ney, in writing; executed by the said John G.
Bacon, to wit on the 4tn day Of September
A. ID. 1858, and acknowledged by him on
said day, before Robert A. Cochran, Clerk
of the County Court of the County Of Mason,
in said State of Kentucky, and on said day,
certified by said Robert A. Cochran, Clerk as
aforesaid, under the seal of said Mason County
! Court, the said Robert A. Cochran then being a
| legal officer, and the said Mason County Court
then being legal Court in the said State Of
Kentucky, in which said State said power Of at
toney was executed, did pursue and reclaim the
said negro slave, called John, into, and in the
SAID State Of Ohio, and did, to wit: on the said
first day of October, in the year last aforesaid,
in said Northern District OF Ohio, and within
the jurisdiction of this Court, pursue aad reclaim
the said negro slave, called John, he then and
there being a fugitive person as aforesaid, and
still held to service and labor as aforesaid, by
then and there, on the day and year last afore-
said at the District aforesaid, and within the iu-
risdiction Of this Court, se;zing and arresGng
him as a fugitive person from service and labor,
from the said State of Kentucky, as aforesaid;
and that the said negro slave called John, was
then and there to wit; on the day and year last
aforesaid, in the said State of Ohio, at the Dis
-. Il Al 10
this Court, lawfully, pursuant to the authority o
the statute of the United States, given and de
clared in such case made and provided, arrested
in the custody and under the control of the saiC
Anderson Jennings, as agent and attorney al
aforesaid, of the said John G, Bacon, to whom
the service and labor as AFORESAID of the said ne
, gro slave called John, were then and still due a
, aforesaid together with one Jacob X. Lowe
then and there, lawfully assisting him, the saiC
Anderson Jennings, in the aforesaid arrest, Gus
tOdy and control of the said negro slave calleC
John. And the Jurors aforesaid do further pre-
sent and find that Simeon Bushnell, late of tn,
District aforesaid together with divers others
to wit two hundred otherpersons, to the Juror
aforesaid unknown heretofore, TO wit ON tn
said first day of October, in the year of our Lor
l one thousand eight hundred and fifty eight a
the District aforesaid, and within the jurisdic
ton of this Court with force and arms, unlaw
4 fvlly, knowingly and willingly did rescue th
. said negro slave called John, then and there be
ing pursued and reclaimed, seized and arrested
!, and in the custody and control aforesaid, he, th
9 said negro slave, called John, being then an
!, there fugitive from and held to service and Ia
bor as aforesaid, from the custody of the sal
g Anderson Jennings, then and there the author
lied agent and attorney of the said John G. B'
J. con as aforesaid, and tho said John X. Lowe
y then and there lawfully assisting the said Al
Il dorsOn jennings as aforesaid he, the said Sin
con Bushnell, then and there well knowing thl
h the said negro slave called John, was then an
l. there n fugitive person, held 20 service and !,
l. Dor as aforesaid, and pursued and reclaimed
seized and arrested, and held in custody as atOr'
: said, TO the great damage OF the said John I
Bacon"
T. The law on which this indictment is predic
10 ted is contained in the 9th and 7th sections
or the Act OF Congress of Sept. Is, 1850.
+ In the first clause of Section 6 it is prov
ded, that "when person held to service or
d. bur in any State OF Territory of the Unit
OF States has heretofore OF shall hereafter escaI
be into another State or Territory of the Unit
States, the person or persons to whom SUI
n service or labor may be due, or his, he's
10 their agent or attorney, duly authorized
n power Of attorney in writing, aeknowledg
,r, and certified under the seal of some legal OF
on Ger or court of the State or Territory in whi
OF the same may be executed, may pursue and 7
OF claim such fugitive person, either by procuril
Dc a warrant from some one of the Courts, Judg
or Commissioners aforesaid OF the proper Ci
ST. cult, District or County, for the apprehensi
OF Of such fugitive from service or labor, or
tie seizing and auesting such fugitive, when I
is same can be done without process and by 10
of ing, or causing such person to be taken, fort
no with before such Court Judge or Oommisso
's er, whose duty it shall be 10 hear and determi
lie the case of such claimant in a summary ma
ay ncr" DC.
Of Section Z declares "that any person W
all shall knowingly and willingly obstruct, h:nc
he or prevent such claimant, his agent or att,
he ney, or any person or persons lawfully asst
ry) ing him, her or them, from arresting such iu
he tive from service or labor, either with or wi
N out process as aforesaid, or shall rescue, or
he tempt TO rescue such fugitive from service
labor from the custody of such claimant,
op or her agent ar attorney, or other person
he persons lawfully assisting as aforesaid, when
art arrested, pursuant to the authority herein G
-he en- and declared" [shAll be subject to fne q
,ht Imprisonment, &c
red TO effect conviction Of the defendant,
ice material allegations in the indictment must
established in proof, and the burthen Of pr
on rests on the Government.
cd, These material allegations are, that the
m gro John was a slave, owing service to JC
lies @ Bacon in Kentucky that said negro escaI
from Kentucky 10 the State Of Ohio, and wa
re- fugitive from his master; that he was sell
ess and held by Anderson Jennings and his as
ap. tants, by virtue of power Of attorney, law
Of ly executed by said Bacon, authorizing the c
op- tuFe Of the fugitiyei-aud that the defenda
hin, NTH ofhera NJ WeIinuton Lnowin