Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1859-05-21
Stntementor ConnseI.

MEssRs PECK AND OTHERs, PRISONERS, dc.
GENTLEMEN The following we believe to
be AN accurate statement Of what transpred
in the U. s. District Court on the 18th ult, in
connection with the order made by the Court
that you be taken into custody by the Marshal
Upon the announcement of the verdict of
the Jury in the case against Bushnell, the case
Of LangstOn was called by the Court and in
quiry was made as to whether the parties were
ready. The District Attorney stated that the
Government was ready. Defendants counsel
replied that they were not ready in that case,
but were in the case against peck. The District
Atty insisted upon taking up the cases in the or
der in which they stood on the Docket. The Court
said the government had the right so to insist
and again asked if the defence was ready in the
case of Langston His counsel replied that
they probably should be by the time Jury
should be empanneed The District Attorney
and the Court both said that the Jury then in
the box, (being the one that had just returned
the verdict against Bushnell) were the regular
Jury for the trial of all the cases. The counsel
for the defendents strongly protested against
being compelled to 90 Ia trial in the remaining
cases before a Jury that must have already made
up its mind against them on all the prince
pal questions, except one, involved in the ca
ses. The Court observed that the mere fact
that the Jury had tried Bushnell, would con.
sttute no good reason why they should not
try the other defendants - intimating ut the
same time, that IL would be competent for tho de-
PENDANTS TO challenge them for cause, il they had
made up their mind as to the guilt Of those
about to be tried. The defendants Counsel then
tilted the Court that 1t It determined TO try
the remaining defendants by that jury, no one of
them would make any defense whateyer, but that
the Court might proceed with them as It saw
it, The District Attorney theTeupOn Instant
ly arose, aud with great deal OF petuleuce
in his manner, moved the Court that all
the remaining defendants, with the exception
Of Loyeland, De Wolf and some others, whom
he had permitted to 90 home for the time being,
be ordered into custody. To this Judge Spald-
ing, still occupying his seat, said, sharply, 81
second the motion" The court observed that
the District Attorney had the right TO require
the order TO be made, and directed the clerk
to call the names Of the defendants with
the exception named in the motion, which
was accordingly done, and those Of them then
| in the Court room were taken into custody
by the Marshal As this was being done
| Judge Spaldng asked that their recOgnzances
might be cancelled, 10 which the Court replied,
'of course'--and directed the proper entry 10
be made for that purpose bv the Clerk Judge
| spalding also moved the Court that the contin-
uance in the case of MIR. Plumb, which had
| before then been entered, might be cancelled
and he be permitted to surrender himself in dis
charge of his recognizanee, which was accord
inRly done.
We cannot be mistaken in the fact that you
| were ordered into custody, as above stated, and
that you did not surrender yourselves, as alleged
/ in the Journal entry.
r. p. SPALDING,
A G.. RIDDLE,
! Is. o. GRISWOLD,
/ T. T. BACLUS,