Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1859-04-25
NOTIesPUuutllCt OF INC sIE.
THE RESCUE TRIALS AT CLEVELAND.

constitutional captorS, are safe IN jail And
although they are engaged like Paul and Sas
in praying and singing, no angels of the Lord
have yet appeared to open their prison doors,
For while some of the children of men have
suggested that when the event of their final
sentence and incarceration take place, the Jail
which holds them shall be RACED to the ground
and not one stone thereof be left upon another,
it is hardly possible that so summary relief
will come to their aid They WILL in all prob
ability, serve out quietly their sentence, with
all the consolation and joy, that self-con-
scious integrity in well doing, gives to all who
put humanity above institutions, principle
above policy, Gods laws above mans enact
ments.
But they are not left alone and without con-
ISOLATION in their bonds, for multitudes of the
elite of the city flock to their presence, and
large companies of those human angels, the
Christian ladies of the place, call on them
with sympathy. And the male angels are
also going constantly to and fro" to their hab-
itation in the jail
The trial of Simeon Bushnell occupied the
attention of the court for ten days, when the
jury brought in the verdict of guilty. The
remainder of the indicted refused to be tried
before the Jury that had already passed upon
all the facts of the case, and only needed the
facts of Identification to render verdict of
| to go at large on their own recognizance, as
heretofore, unless the convicted Bushnell
should go with them, those of them who hap
| pened to be be in court, twenty in number
were committed to the Jail, and there abide
till Mondays court opens to decide further
upon the proper course of procedure in the
premises.
Thirtyseven were originally indicted, of
whom but thirty have been arrested, and of
attendance upon the court, ready for arrest II
,oanted, while the others are non est. The Dis
trict Attorney has entered noLe pros. in the
case of two of the indicted, but whether of the
| thirty arrested, or of the seven that are not,
am unable to say, but only that they are DEM
ocrats. 3is stts
The hearing of the evidence occupied the
time for six and a half days, and the argu
ments of counsel three days.
The argument of the government was that
John was the property of Bacon, that he escap-
| ed, that he was found and captured by Jen-
| nings, the authorized agent of Bacon, and that
he was rescued by these parties, they knowing
that Jennings, from whom they rescued him,
was holding him in lawful custody. The de-
! fence claimed that although it might be fact
| well known to every one that Kentucky was
| slave State, yet that fact was not within the
knowledge of the court upon the evidence now
presented, and therefore it had not been made
to appear that John was "held to the service or
labor" of said Bacon "by the laws of the State"
of Kentucky that the power of attorney I'M
der which he was alleged to be captured and
held in custody, was not properly authentica-
ted by the Clerk of the County Court, but only
| by his deputy, who was not shown to be duly
authorized; that the man escaped being coop
| per-colored, five feet eight or ten inches high,
and weighing one hundred and sixty to one
hundred and eighty pounds, while the one be-
ing, on the evidence, black, but five feet five
inches high, and weighing but one hundred
and thirty to one hundred and forty pounds,
they have captured the wrong man. and there
fore had no legal custody of the man who
was rescued from them; that the arrest and
| holding were not at all by the power of attor-
ney, as the Indictment alleges, but by writ of
a commissioner in the hands of United States
Marshal which, being legally defective, has
since been dropped from the proceedings, and
therefore the man was not in legal custody, and
the traversers, having no knowledge of any
legal arrest or holding, did not knouingly rescue
him from those having him legally in charge.
The Judge, in charging the jury, over-ruled
the first and second items of the defence, leay
ing all the others. as matters of fact to be de-
As the jury are Sound on the goose" and
To,r - ~ os.a,..:eIt ~ wy fuSt.i'e CIV
ITr;o A., 49,, W ,;a'I.' tt'loh ~ liie
verdict Of 9,;itr, W Uiinoui'y l" iiiiuins
The ore,,,n,ar'ts ,,,,do g., AZ.
Judao Rf;ss - ~ w oy
Atterrey ,voro ,,eri,aS J nI .ie Di h'
much ability as the nature of the case might
demand, for defence of slavery with its dia-
bohcal adJuncts is not very inspiring theme
Tor eloquence, and might say, after ALL that
a., L. L
IL. uinelss apouhueo hot 50 much IN
Of Id 20 u'u u, eSpecnlly la'
sn;to oed yor',Ir, "nG ntn~ 'piI oll Lis
layr and tho nosors [tI nisner
lottor ;-on;oa1Ir, ssaa;ot. ,, 10 G"nt.is tle
10 thor, ond so,;,,r, Il ;sa.saI1 &c -.
nraocbers of tho :rosreol 80 800 90
fassod r. bo tho,e 81 ai.;a " -
;zino tho bnha tl pTn.ips cllraciel-
in lie oarat;o,, ,,,o,,ld 1li"'
and chargng tha r " 49,; ny oi ca VI
onnosad to p tbpt 4, 40 Deing SO
Rihlo which 10 onr,,oJ - ., -" a"ay sie
with bo,;r,,r ~ 81 90 sIppoIung ~ anu
religion nont;nn ~ ~ ab s,,S a,a;sl.ueons VI
noles y 'P-ie' 40 Deil
Uo oro,od +ho d;u;,,;., - c,,...
slavery and tba Fnr;t;yo SIo,,o a-'' ~, "
against negroes and on,ono;,,at;o-r anu "iso
the facts hf tLa oasa Las,no Ia ,, 90 wen "S
The argum me t,''9 of S' NJ P GlS Eou[s
VI MI hiduie anu Judge
ordar Of sh;t, s',e "a were VI lhe hlghest
onIr, in la.,ai - ~ I9i' aoounuins not
also in the Ao,,a.. 90 quIul'oiS' ou'
nass;oned eloononco III anu Ou.s.s u III
rsnor,JaJ - ~ ~. "iiiGn "eie Warmly re-
.t;.t, -. " ~ tn1 uehseiy packed audience,
, "l.a ~" anu lnYolultary applause, somewhat
nsps Il. H. En- ~ .ne ulscipnhe OF the court,
fc;art ot al tO put neyertheess SUI