New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-04-14
THE OBERLIN REsCUERs.

IN the United STATES Court Tor the Northern us
trct OF Ohio, against some thirty seven citizens Of
Oberlin, on the ground that they had aided and as
sisted in the rescue Of negro named John, who
had been seized upon, and at the time Of the
rescue was held, as q fugitive from labor. The
facts were briefly these. One Jennings, Ken
tuckian, who had visited Oberlih in September
last in purrut Of another man, in the courte of his
investigations saw John there and recognized him.
as be says, as the property Of one Bacon a neigh
Dor Of his, from whom be had escaped some two
years before. He wrote to Bacon informing him
of this fact, in consequence Of which Bacon msde
out power of attorney TO Jennings to act for him
in ieiziDg the negro Upon the strength Of this
power of attorney, warrant WAS obtained at Co
lumbus from United States Commits
sioner for the Southern District of Ohio,
and sso the services of one Lowe, Deputy.
Marshal of the same Southern District, who en-.
tered with spirit and alacrty into the business Of
arresting the fugitive, having been concerned be-
fore in affairs of the same sort. Thus provided,
the party, with the addition Of one Mitchell from
Kentucky, who had known Bacon's runaway slave,
proceeded to Obern. They were afraid to arrest
John openly in the town, but hired the young son
of farmer in the neighborhoOd Ito whom for his
services they paid twenty dolars) to deeoy the
negro out of the town, under pretense that he was
wanted to dig potatoes, when he was seized and
carried off to Wellington, railroad station, nine
miles from Oberlin where he was kept in con6ne-
ment at tavern waiting for the railroad train for
Columbus.
The alarm soon spread at Obern, that the
negro John had been kidnapped, and carried of.
Many Of the residents there fastened to Yelling
ton. The tavern was surrounded, and, after an
hour or two of hesitation and parley, the door Of
the upper room in the tavern, in which John was
con6oed, was broken open John was taken out,
put into wagon, and driven of, nobody knows
where, though it is commonly conjecture that he
was put on his way to Canada.
When indictments came to be framed against
the parties alleged to be concerned in this
rescue, this difficulty occurred: The seizure
of John took place in the Northern District of
Ohio in which warrant issued by United States
Commissioner for the Southern District was of no
force or validity. Neither had Lowe, the Dep
uty Marshal from the Southern District, any
authority to act as Marshal in the
Northern District. The indictments, according
ly, make no mention of the warrant or
Of the Deputy Marshal as such, but they charge
the defendants with Knowingly and wllfdlly rescu-
ing the negro John, a fugitive from labor out of
the hands of one Jennings agent and attorney Of
Brown to whom the labor and service of John
were due, and also out Of the hands of Love- then
and there lawfully assisting Jennings in the arrest
custody and control of the said John. These in
dictments proceed ON the ground laid down in va
rious cases THAT the owner Of fugitive from labor
or bis authorized agent may, without any warrant,
seize upon the fugitive, if it can be done without
breach of the peace, and take him before Com
missioner, or, for that matter, out of the State.
But then in order to make out g case against
those charged with the reGcue, it must be proved,
first, that John was fugitive owing labor to
Brown, and, secondly, that the rsscuers were
aware that he was held by party claiming righs
to bis services, BY that parys authorized agent.
These indictments are now on trial at Cleveland,
before Judge Wilson OF the United States Court
for the Northern District of Ohio. The numerous
defendants have been indicted separately, and the
first of the number put On trial is Simeon Bush
nell, clerk in a store at Cleveland, who, it is
proved, drove the wagon 10 which John was car
ried off after he had been taken out of the tavern.
The proof offered of the identity of the man res
cued with the runaway slave of Bacon is the testi
mOny of the two men Jennings and Mitchell, who
profess to have recognized him as such, though
there appears to be in this case as in the ate case
of Daniel Webster at Pbiladephia, some discrep-
arcy bet xeen the description of John, the runa-
way, as given in Baoons power of attorney, and in
his testimony before the Court and the descrip-
ton by other witnesses of the personal appearance
of John, the rescued. This, however, is not the
point at which the case drags heaviest.
The District Attorney, in his opening, assured
the Jury that the crowd OF rescuers was fully in
formed that Jennings acted as the agent Of the
owner. and that he claimed to hold John not under
the void warrant, but under the valid power Of at
torney and he declared that he should stake the
guilt of the defendant upon the proof of this point
His witnesses did, indeed testify that they appealed
to their papers" to justify them in holding John,
and that these papers" were shown to, and e1-
amined by, one or two lawyers or others and that
Love- the Marshal, read or attempted to read them
to the crowd. But the very persons to
whom these papers" were thus read being
called by the defendant, testify that the
only paper shown to or read BY them
was the Commissioners warrant-which appeared
formal enough in other respects, and Of the inva-
Idity of which, for want Of jurisdiction in the Com
missioner. they seem to have been no more aware