New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-04-26
THE 0BERLYN RESCUE CASE.
THE UNITED STATES MARSHAL TAXES bushnell
FROM THE sHERIFF-CoSfLICT or THE FED
rPiI .kD STATE OFFICERS.
aneen,e efThs y. Y. Thbuas.

Corre,rouoen,e ofT The y. Y. Tribune.
CLEVELAND, Friday. April p, 1859.
About 10 o'clock this morning, :. \. Abbey one Of
the bailifs OF United States Marshal johnson, ap-
peared at the County Jail, in which the Obern prs-
oners are confined, and requested Sheriff Wight
man to allow Simeon bushnell tie prisoner VINO was
first trird and who has been convicted, but not sem
fenced. to accompany him for few moments, as be
was wanted in The courtroom. The Sheriff, suppOs-
ing that he was wanted fur the purpose Of receiving
his sentence complied with the request, and accnnp-
MED them. On arriving opposite the door OF the United
States Marshals Rooms, which they had ~ pass IN
order Ia reach the courtroom, another Of the Marshal
baT- invited bushnell into the room, saying ;hat the
Marshal wished to him. On entering the key was
Instantly turned aud Bushnell WAS prisoner.
Soon after, Marshal johnson sent demand 10 the
Sheriff for the utimus under which he, the Sheriff,
had held Bushnell in custody. The Sheriff refused To
deliver the papers 10 the Marshal on the ground that
the act If the Marshal illegal as he hat taken the
prisoner without any authority Of the Court. He
therefore considers Bushnell yet his prisoner.
Whether he viii attempt TO retaSe him remaus to be
seen.
Marshal Johnson. action Is IN outsiders wholly IN
explcable Some suppose, however, that hi object
wa. to hold Bushrel antil private sentence j. pro-
nounced by Judge Wilson, and then sp7t him away
10 some Democratic jail. Others think his course was
prompted by rage, inspired by The fact that Sheriff
Mghtman would not cuDnnc Bushnel 10 the cells with
fcOns and murderer.
The Supreme Court Of Ohio, on application of Judge
Spauldng for n writ of habeas corpus yefterlay Ssucd
a summons. commanding L. s. Marshal Johnson Dis
trict- attorney Bclden and Sheriff Wghtman TO appear
al Columbu at ~ o'clock, a. H. tomorrow SATURDAY
and show carse why writ Of habeas corpus shall not
be- issued for the per Of the prisoners Ihlr notice
arrived to-day, after the seizure Of Bushnell. The
Marshal and Distrct-Attoncy. with other buchanan
Officials are now in consultation, 10 decide whether to
obey the mandate of the Court. II ia probable that
they will comply, n the L. :. Court has adjourned
over till Monday.
The two slave-huuters, Jennings and Mitchell, are
still kept close in the MaTshalS room 20 which place
their food is carried 10 them The cause of this i the
fear OF their arrest by the state officers for kidnapping
This last act has produced It'll greater excitement
among the people. Al regard Judge Wilson ~ JEFF
freys Lecompte, and Marshal johnson as Donaldson
or Fain.
l think Il not Mt all improbable that Sheriff Wight
man viii attempt the rescue Of Bushnell. He il Il man
of determination. and viii do what hc attempts. The
Marshal claims to have some fifty Deputies-cOmposed
mostly Of the discharged Democratic City POhce-and
sweafs resistance 10 tie death. On the other hand,
the Sheriff can secure any aid he may need.
The State in relinquishing to the United States the
ground on which the Federal buildings located,
reserved the right TO execute process on the same