Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1859-05-07
CITY & NEWS ITEMS.
MING, MAY y 1889
TRepoued FOR the Leadorl
UNITED STATES COURT.
Trlal OfthO weIIInaton slave Resene Cn.o


Vaudeville. Nr. Vaudeville wishes to enter
the plea of "nolle contendere" Mossrs. r
Cummings, (the number of the case did not
reach the reporters ear) H. d. Niles and D vii.
lianis ask leave to present the same plea. These
persons all withdraw the plea Of Not Guilty,
previously entered. They appear without
counsel, being unable to meet the expense ofit.
and ask me to present their plea for them
have given considerable attention TO these
cases, and am satisfied that though the parties
are teohhichaiiy guilty they are not morally SO
They acted, as they did, under momentary ex-
ctement, They did not go nine miles as 9th.
ers did, to make deliberate breach of the law.
They are all poor men and were obliped TO
borrow money to come here. They have iami.
lies which need the benefit Of their labor, and
hope your Honor will make their punishment
as light as possible"
The Court called on the parties named in the
District Attorneys remarks to rise. 1t then
asked them if they had anything further TO say
with respect to their cases. They replied that
Judge Belden had substantially expressed their
feelings and wishes
The Court then said that in eonsidaroto,, of
the arguments offered by the District ATTORNEY
it would make the punishment light, and wopld
name as the penalty twenty dollars fine, the
costs OF prosecution and imprisonment in Cuv.
ahoga County Jail for twenty-f four hours.
Nelson Sexton being called, testified that at
| Oberlln, on the morning Of the 18th of Sent
the remark was made IN the company that GA
| thered at Watson's store, that John had becp
kidnapped Shortly after hearing this remark.
witness saw boy who had lust come from
Wellington, who told him that the WeIlipgton
people thought those who had rot John ware
kldnappers, and that about fifty of the yelling
ton people had gathered about Wadswortb7s
tavern and had sent him for tue Oberlin people
DID not see Langston in the Oberlin crowd
saw TINS COY from Wellington about 2 O'Clock.
Witness went to Wellington to "enlist in A rood
cause"
Clark Elliott was at Oberlin in the afternoon,
of the rescue. The first he heard of the cnsa
vas that John Price had been stolen or kidnpn.
pea. mat was tho general remark in the crowd
| at Oberlln, and that he had been deceived AWAY
without authority. People were leaving Ober
lin tor Wellington during the whole of the after
noon, the most going in the latter part of the
day. ''''
Isaac Nj. johnson waa at Uberlin on the oc
caslon OF this assembling at Watson's and heard
1t sald that man had been kidnapped, and thew
We're gong alter him. 1t was said that Bar.
tholomew and Lyman hal seen the southerpcrs
with the BOY. Deputy Marshal Dayton had
been seen to leave Oberin about O'Clock. and
witness got the impression that he had been in
strumental In getting the boy away.
Henry Evans testified that he was I'm Waus
worths hote when John was taken. Was in
little ante room next to the room in which
John was Had been there about twenty min
utes. inst before John left the room no person
went from the ante room into the room where
John was except NJ, Lowe As soon as the
door opened John passed out with but one man
with him Langston was not in the room
while witness was Lowe and Patton, and per
haps another man, went into the room about
len minutes before John came out Heard no
conversation between the two rooms but heard
Patton repeatedly say, "Wait a few mnutes
and all will be right"
(On the question ap 10 whether the witness
was the one who went into a lower hall door,
the defense objected The prosecution claimed
that the witness having allowed himself to be
put upon the stand the door was open to uucs.
ton him III regard to all the facts and circum
stances IN which he was personally engaged -
The defense stated that tho witness was put
upon the stand to testify as to one single fact
viz Whether LangstOn was in the anto-room
above, and tie prosecution had no right to 20
farther and to enquire into matters which had
not been touched upon in the examination in
chief, AS lhey now were endeavOring 10 do. lie
was testiiying only TO the fact that Langston
was not in the ante room, and did not help to
take John from the room. The Court decided
that the witness was not obliged to answer as
TO his own acts down starsl
Langston was not in the room with witness.
Witness could not see down stairs, but none OF
the crowd down below passed through the ante.
room into the room where John was In this
ante-room there were asmany as eight persons
Lincoln John Copeland, Scott, Wilson Evans
Butler, Fox, Rutledge, and another whom wit
nssG did not know.
ION the question as TO whether the witncs,
was armed, the defence urged that he shoult
not be forced TO give in any evidence that nigh
tend cTminate himself or be used by the Dis
trict Attorney when the witness was put OH hi
own trial. After some discussion by Counse
the Court ruled that the witness could refuse t.
answer II he chose, but If he did his whole tes
tmony would be ruled out)
Witnesss had a small rife When John cam,
out WiDsor came out with him and part,
carried him.
William Rice ia lawyerl testified that b,
was in the Court and heard Robert A. Coch
rams testimony upon the trial of BUSHNELL
also heard his evidence on this trial lie [Coch
ranl testified On the former trial that he wal
not present at the time that the power Of attor
ney was made out, and bad no knoWledge of j
until he saw il here at Cleveland. In the 6rs
trial he sworo that be did not see the parties a
all--in the last he says lao came in and saw
them as they were leaving.
Mr., Patton being recalled, testified 10 th
above discrepancy in the testimony Of Rober
A. Cochran IN tho two trials
Mr.. Oowles, being recalled testified as t.
Cochran's testimony in this 9rst trial, that h
, mad no personal knowledge the acknowledge
ment
Here the defence rested, with the exception
Of several witnesses upon this point of the i'm
peachment of Cochran, which should after
wards be brought in.
The prosecution recalled Mr. Sciples, VIII
V testified that he was in the lower story Of Tia
hotel near the front door John came down stair
with three or four persons having hold Of him
LangstOn went up stairs with W atson and an
other man, about three minutes before Joh
was brought out. Witness had Just gone dow
) stairs from the room where John was.
Jacob Wheeler re called Witness aud Sei[
les were guarding the stairs, and let Watso
and Langston up by their requeat.
AFTERNOON SESSION
Court commenced at 2 O'Clock. Jaco
! Wheeler being upon the stand replied 10
), question by Mr.. Backus that he saw Langsto
a and Watson going up stairs together that afteI
' noon.