Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1859-04-16
TRIAL OF THE THIRTY-SEvEN EES
CUERS.

CLEVELAND, O., April IL,
DEAR BEsy.: Tho Rescue Trials still draw their
slow length along, and are still On the docket, al
though there seems to be a prospect that the first
of the thirty seven cases, that Of Simon Bushnell,
will be completed this week, perhaps. by The mid
die of the week and if he is acquitted, it is prob
able that all tile other cases will be mol. prosequyed
while if be is convicted, and the other cases are
gone on with, not nearly b6 much time will se
taken, as the general evidence 10 sbe frst case will
nrply to all, needing, therefore, only the proof
thnt the others were in the rescue, the facts of
which have already been proven.
AS 20 whether the, , will lie II conviction or not,
it is not, perhaps, VIC. I'll The while for me to hazard
an opinion at the present stage Of the case. But l
will say that if the case turns upon the law and
facts there will 30 a conviction; and if there should
be an acquittal. it will be, l think, the result OF
some legal inJormdtty some where. And to ven
tere an opinion after all, | think the case Will fail
on the ground that it appears, hereunto. that all
the kRotciedge the rsecuers had Of the legality Of
the holding by jennings, Lowe and company,
was the exhibition to tho crowd of tie Commis'
sioner's warrant in the hands Of j. X. Lowe, the
Deputy Marshal. AMI as it now appears that this
process was defective from the fact that Lowe
was o Marshal of the Southern District, while
Wellington is situated in the Northern District of
Ohio, and Lowe being GU. of his jurisdiction all
his acts as an officer we're therefore invalid in this
case. The prosecution understanding this, lay no
claim to any legality Of loves procedure as an
officer, but only as an assistant of Jennings who
was legally holding John 10y virtue of his power of
attorney, from the owner, Bacon, and the indict'
ment thus charges. But the evidence does not
show clearly that this power Of attorney vas ex'
hibi,ed TO the crowd, or that they claimed to hold
John hereunder And as this was the only legal
claim they had, and as this was not put within the
knowledge Of the defendants, as is necessary in orde?
to convict them Of knopingiy rescuing John from
those who legally held him in custody, there is
some prospect that there mag he an acauittal.
Which result would very much disappoint the
anxious feelings Of your correspondent. who fer.
vently hopes that they may be all convicted and
sent to Jail, to the end that Oberlin and all the
world may know. what they all ought to Il know oil
ready, tina. Ohio is NOT a Free State, as the Oberlin
Evangelist seems to have some doubt on this poini
and expects the result Of this trial will settle the
doubtful problem.
And this desire of mine will not, think, be con-
sidered a very malicious one towards tho defend.
ants, when | state that SO far az | have been able
to ascertain their feelings they are quite as anxious
for q conviction as | am. Indeed they do not up.
pear to have any humble p~enitance whatever tor
their misdeed, but come into the coutt with a bold
audacity that seems to say W are glad wo have
done it. and would take pleasure in doing the same
thing again when occasion offers. only more so"
/ learn that Of the thirty-seven indicted, bu:
thirty have been arrested, while seven ave not
been; two Of the seven are in court waiting to be
arrested if wanted, and five are non est.
The prosecution closed their testimony on FRI
day afternoon. having examined sixteen witnesses,
and the defence have since examined eighteen wit
nesses.
The witnesses for the prosecution, so far as they
were participntors in, and abettors of, the arrest
and detention Of John, have n very ~sheepish and
mean appearance, and appear somewhat undecided
and embarrassed, as they give their testimony, as
though they had been engaged in sheep stealing,
or felt that man stealing was as bad or worse
than sheep stealing. While the witnesses,
who were participators in, or sympathisers with
tho rescue, wear q bold, unblancling front, and
give their testimony with clearness and decision
a. men who have been engaged in honor able.
praiseworthy business.
Occasionally a point occurs that cxcites some in
terest, and induces applause on the part Of the
crowded audience, who continue to manifest their
interest by their constant attendance on the SEES.
sions.
Something of q sensation was produced when
Jennings exhibited his travelling companions, a
pnir of heavy revolvers to The court, and also
when his accomplice Kentuckian Mitchell exhibit
cd his dagger, or Arkansas tooth pick" as he
csied it. Mitchell is q dare devil, INSCRIPTIONS
looking fellow, who testi6es that he enlisted in
this business in consideration of a dollar \ Gay
and espenses, which he thought good pay.
1t was testified that w. E. Lincoln said, on the
occasion of the rescue, when cautioned Of The dan
ger of the excitement, that blood might be spills,
and lives lost, that he. for ore, ''preferred dying
in o good cause to living in n bad ONE. While
ono Wack, the democratic hotel keeper at Obor.
lin, who gave aid and oomfor. in the way of ad.
vice as to procedure to the kidnappers, testified
that on the occasion of the rescue he kept a little
away fearing that he might get shot, as he twas
not prepared to die YETI. No one can doubt this
confession for who would feel that sympathy with
kidnapping would be a good preparation for stand
ing at the bar of God.
One Of tho witnesses being asked as to why he
went to Wellington on this occasion. replied that
it was because he wanted to do as he would be
done by, which reply brought down the house,
The testimony for the defence'is called mainly
for the purpose of r~ebuttiug or impeaching the
testimony OF the prosecution. There is a good
deal of conflicting evidence. and what it will all
amount to, when it's all settled and the sediment
subsidized, remains TO be seen. e.l-i
Many distinguished persons have been 10 the