Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1859-05-10
Reces. here taken until 2 O'Clock.



AFTERNOON SESSION.
Court convened at 2 o'clock Mr.. BAcEUs
continued his argument. He reviewed the
circumstances of Jennings going TO Oberin
| with Lowe Davis and Mitchell. The people
of Oberin had been excited in regard TO am
attempt which had been made few days be.
| fore to carry of a family named Wagner
But Jennings and Mitchell, although going 10
| Oberlin armed not only with the power of Az.
| torney, but also with warrant and an officer
to execute it from Columbus did not 90 boldly
to work to arrest the negro openly 1t they
had legal right for his arrest, why did not
they proceed boldly to take John in daylight
Instead of this they got Shakespeare Boynton
to get possession Of the boy by lying and fraud
and take him away secretly.
This indictment charges the defendant with
regcuing the boy from the custody of Jennings
No. it ia well known by the evidence that
the Marshal arrested the boy when Jennings
was at Oberlin. Lowe undoubtedly followed
the direction of Jennings, but he was an officer
ithe law and as such he had possession Of
the boy, and Lowe had no right to deliver him
mp to Jennings until he had been taken before
Commissioner, for fhe had delivered him up to
Jennings it would be to say that he was the
owner of the boy which was for the Commls.
sioner to decide The Counsel would claim
that if it was not proved that a change Of owner
ship took place at Wellington then this prose
cuten must fail, for the allegation is that he
was rescued from Jennings and not from Lowe.
How is the fact in this case.
1t is claimed by the prosecution that Lowe
transferred his authority to Jennings after
which he was merely u servant of his. Jen-
nings thought that tho boy was in his power
ami custody all the time, But if there was a
transfer then before that the boy must have
been in loves possession, consequently
Jennings did not have possession of him all the
time, as he says he did. But it is shown by
the evidence that the warrant was shown as
the authority of holding the boy, and we hear
but very little about the power of Attorney
When Meacham went to execute the writ
which he held against those who had the boy
John, Lowe said TO him, 81 am acting under
, virtue OF that warrant, and hold the negro by
. that warrant. l am United States officer
ord ynn prnrerd at your peril" The power
| of Attorney was not shown to MeaChaIn NV
T under the warrant they put him off and forbade
] him to proceed TO execute his writ, Esq.
} Bennett too went up to see the papers of au-
] thority, and was shown the warrant. lie was,
it is true, shown the power of Attorney, but
solely for the purpose, Jennings said, Of
! showing that the warrant which Lowe elbows,
i wss regularly made out. To Dixon the lawyer
/ the warrant 0lopp wRg shown. So It was with
e Patton, Again when Lowe and Patton went
down stairs TO read the paper of authority, the
{ warrant alone was read.
It The intellect of the Jury cannot fail TO find
s that this rescue if rescue there was was from
'i Lowe and not from Jennings consequently II
is different rescue from that charged in the in
z dictment, and the prosecution must fail on this
II point,
y But there is another point to be settled -
)t Whether Langston was engaged in the rescue
Of There was a large crowd there, II iR not de.
D. MED that there was so much of a crowd that tn
" party which had John in custody was hfraid o
a rescue, and il may be conceded that so far a
,e rescue could take place from the custody o
10 FhefAlaTshal, acting upon his warrant, 30 far
10 riudoa btedy did take place. But was Langstol
1t engaged in the rescue of John from any humal
Iy being on that day, aud he believed thai the Ju
ie ry would agree with him in saying that the evi
dence offered utterly failed TO prove that he wa
a guilty of the rescue. And if man Of his co
ay lor and race is shut out from many Of the priv
I eges Of a citizen, thank God he has one hig|
a >ud holy boon, that of a right TO an imparti5
ce Jury of the sturdy old Saxon blood Aud
n here it can be shown that the testimony Is con
ar Acting on this point, then he must have th
ne benefit of the doubt There are two hypothesC
We which are to be considered One IL that th
mt defendant went to Wellington out of mere cur
mt as many of the witnesses did go, who haN
,s stood upon this stand Langston went TO We
hn lmgton both out Of curiosity and alsO TO be res
'ut DIV, in case this boy John had been spiritC
away without right, without authority and will
Igs out legality, to bare his arm in defence OF q
'ss oppressed brother Rutyou will find lis cour
ac- marked all the way by determination to hay
.he light upon this question, to find whether
nd was being taken under legal authority, and
ON proceed with care and nothing but legal step
,ro The other hypothesis is that Of the GOyernme
lb that he went there to take away John wheth
al he had been taken legally or Illegally II has bee
Inc claimed that whatever The crowd at Welln
INV ton did was 30 Inuch done by the delendantw
zen was ia that crowd part Of tbs timo. II Is Tn
as that il is needless Ia say that no formal orgaI
m zatOn il necessary 10 make a conspiracy, b
at they must show that LangstOn was engag
be aud identified with that crowd, This has n
led been done, Many witnesses have been be
ms. before you who took more active part IN th
erk crowd than did the defendant. Langston "
inc satisfied with the state Of the case as express
lar by Lowe, and promised TO help him 10 keepl
not the crowd within all legal bounds. lie ad
,ro- sed sending TO Elyria Tor papers with which
fed gally TO release John There was no convert
,ith ton held with LangBton by Lowe that wol
lrt show that the former was not acting ~ conn
his ton with tho latter towards keeping the cro
he quiet Tho course Of Langston was review
,om showing his evident endeayors TO allay
the excitement
EN- Mr. BAcEUs then rapidly passed over the G
, of dence Of the witnesses for the GoYernme
TO showing variOus discrepancies and eontrad
fore tiOns.
lly The District Attorney had said that tn
has who at wellington talked Of getting out pap
tru. for the arrest Of Jennings and Lowe, wero a
use enable to the laws for their interference,
ent. that position is out OF this case, and he n
A. merely eay thu ii that had been done un
he cover Of law for the purpose Of gaming sc
the secret end, il might come within the stat'
and Yet in this case there had been no legsl inv
ent, tigation before the Court or Commissioner,
dly a man IN good faith goes to a magistrate to
fore a warrant for the arrest Of those whom he i
IA is estly considers as kidnappers. He cam
the therefore, be brought within the name OF be
Ken- guilty OF crime when his motives are good,
,ally There are many more points in the testim
d Of which have not yet touched upon on whiC
,ow fnnht speak much longer, but you have h