Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1859-04-19
lNtruittd lof Tho Ltuder ]
UNITED STATES COURT.
TRIAL Of,ho Wellington Slave Rescue Ca.


AAAhA " NAe w elAtuNNNu BAuNe AHhtMe Nuaes
CLrvELANp, April Is.
ELEVENTH DAY.
Court convened at 9 o'clock On the reading
Of the journal for Friday, in which it is stated
that Charles Langston had appeared and given
up his reoognizance. on his own free will and
pleasure, the Counsel for the defence objected,
saying that it was ON the motion of the District
Attorney that the dei' ndants, Langston being
included, be ordered into custody, and that then
after they had been taken into such custody,
the defence requested that tho recoguizances be
cancelled. Some discussion here cnsued as TO
the correctness of the journal entry The Court
remarked that the entry was correct according
to its recollection The defence stated the case
as it occurred Their statement has been re-
ported in substance through our columns in cur
regular report Of Saturday morning Judge
BELDEN said that before he had expressed the
| hope that the defendants be ordered into custo.
dy, he had said that he hoped good security
would be given in the sum of $500. This case
having been freely discussed and stated, the
Court still held that the entry was correct
Some sharp questions and statements being
made, Judge WILSON remarked that he woult
state once for all, that no insolence would b,
allowed before the Court, and any Counsel us
! ing such nsolence would have his namo stricu
en- from the bar Judge SPALDING replied that
he had merely endeayored to assist the Court il
a correct understanding of the case, and if fo
such statements and information, and for hi
efforts to shield and protect the right, the Cour
saw fit to strike his name from the roll it coul,
be done at once The Court replied that
probably would be done.
The Court remarked this present Jury woul
be called and any one ofthem could be challeng
ed if there was an objection There being a va
cancy in the Jury, Harvey Rice d David J. Gar
rett were summoned by the Marshal to sit upoi
the case Judge WILSON further remarke,
that as it was impossible to prevent the Jur
from reading tho city papers, he should have
reporter authorized and sworn to report tn
testimony accurately and fully. Lewis Feeser
the reporter for the Law College was selecte
for this purpose. As no specific order wa
issued to prevent other reporters "taking notes,
we axe upon ourselves the authority to max
out our own report. All other reporters bein
left to ind seats for themselves wherever the
ould about the ruom-and not being allowed
sit at the reporters tables, in the area with Il
Counsel and the bar, we must ask for indu
~, ,y,J uba,
sioas, as we were so far removed from the wi
ness stand that we could not hear all that o.
CURED.
5 On the question as to whether there was al
objection to the Jury on the part of the deienc
Judge SpALDINd replied tina: there was. j
challenged the array on the ground Of its beir
a struck jury, and although that struck Jur
after coming into Court, was adopted as Il
regular Jury of the term, that did not reno
the objection. They had passed upon every il
portant fact in the case except the sole fact
identity OF the particular defendant with
crowd who rescued the boy, and it would be
mere farce to 90 before them again for justit
Moreover, it was a political Jury selected a
brought here for specific purpose.
Judge ELiss replied that they were not d
qualified for acting and deciding justly, on
ground OF having already passed upon the fa'
ia the case of Simeon Bushnell, for they nj
Judge according to the evidence adduced. Su
objections as had been raised had never be
. considered as sufficient grounds of dsqualii'
ton.
Mr. RIDDLE referred to cases which he h
known of in his capacity as public prosecut
when three persons were severally and separa
y indicted, when the presiding Judge order
the Sheriff to make up new jury in each tr
And il had been the case in the Counts of Nor
ern Ohio, to try before new jury each case
der the same or similar indictment for
same offence, and in this case every one Of
Jury had prejudged upon all the impori
points in the matter, aud it could not be p
tended for moment, that the juror who
fixed and passed a conviction in his mind up
these points, would go to a new trial with
unbiased mind.
The Court expressed its opinion that if the a
CATION against Langstou was throughout
- same as that against BUSHNELL with the m
substitution of one name for the other, then d
r would disqualiiy the jurors in the former c
from sitting upon that Of Langston. II Il
requested to former Jury to vacato the jury
aud ordered the Marshal to ompannel a new ju
Mr. BAoEUs remarked that as objection
been raised to the former Jury ON the grouI
of political proclivities, he hoped the Co
would itself appoint the new jurors that III
might be no grounds for such complaint her'
Ks ter The Court however, considered that
Marshal would proceed with his duty fairly
left IL to him.
The Marshal wishing little time TO select
jury n recess was taken until 2 o'clock
AFTERNOON SESSION
- Court convened at o'clock The follow