Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1859-05-12

men, w now opened TO secure these kidnapped
victims Of tyranny. On the following day
they we're brought before Judge Barber when
the Court adjourned for a fortnight Messrs.
Bolton, Foot, StetsOn, Wade and Welles ap.
poared for the defence Payne Wilson and
Horace Foote for the kidnappers
A demand in due form had in the meantime
been made by the proper authorities in Buffalo,
for the slave hunters and their accomplice,
Jackson. A writ Of habeas corpus was issued
by Judge Barber, and the warrant Of the 1gis.
trate for the arrest Of the defendants, declared
to be deficient, contrary to the opinion of both
Associates, who advised with him, one Of whom
is a gentleman of legal attainments. This cause
was now abandoned by the counsel for the op
pressed, for obvious reasons, and Williams gave
bail in the sum OF one thousand dollars for his
appearance on the following Friday. The bail
were three cOlored men. One was ample. Ii
was thought best to release the boy in the even
ing, when 10 Liberty" [Waite, the turn
key, refused to let him out without the order OF
the Sheriff, and the Sheriff demanded a special
order from Judge Barber. The Clerk made out
and gave an order for carrying out the decision
Of the Court regarding the boy, but Payne,
the lawyer opposed It so violently that he
finally took it back. The Judge was then called
ir, when he said that since he had accepted the
bail, he had learned that they were cOored per
sons but that he would attend to it on Monday
morning at 8 o'clock, although he had previous.
ly approved of the bail, as also he'd Judge
Whttesey, aud the Prosecuting Attorney for
the county. BY this measure two days out Of
six were lost which the boy expected to have
to undertake journey Of 400 miles and appear
before a grand jury in Buffalo and have his
wrongs redTessed, and his oppressors punished.
On Monday morning, Williams friends disdan.
ing to have him liberated by man whose con
duct every candid lawyer in the community
deemed infamous, obtained a writ of habeas
corpus from Judge Whittlesey, and obtained bis
discharge ON bail, when he and one of his bail
started for Buffalo, 1t happened that Payne
embarked ia the same boat, aud accompanied
them to their place OF destination. An incident
occurred on the boat which fully illustrates the
correctness Of the opinion of Judge Clay, OF
Ky The Judge is said to have declared, when
he read the black law Of Ohio, that if a man
should return to him one of his fugitive slaves
under this law, he should watch him, while in
his house, for fear he would rob him. The
bail, who was on the boat, pious and devoted
member of the Baptist Church. says that Payne
there told him that he had got from Lindcnber-
ger Sl00, and that he had done with the suit,
thus violating the old adage, I" honor among
- = - DC Another cOored man who
was on board the boat said that Payne mistook
him for Williems, and advised him to flee to
Canada and forfeit his tail Was not Judge
Clay correct in his opinion
On the appointed day the parties again ap
peared in Court, and by their counsel prayed for
an adjournment for one month, which was
granted.
The counsel for the prisoners then applied
to the Court for permission to visit the Jail, a
privilege they claimed but one that had been
denied them. The Sheriff then arose and de
MED that permission had been refused them --
Messrs. Bolton, Welles and John A. Foot then
declared that they had severaIly applied for per
mission to enter, which was denied them.
A few nights after this, while &" Liberty" the
turnkey, was entering the cells. a white prison
er seized him and endeayored to escape. In the
confusion one of the lugitivcs escaped, and is
now a free man, in Canada.
III cashercd officer of the army felt it to be
bis duty, as well as his interest TO help the
wTetched Jackson away Ignorant and unable
to read, this miserable dupe of a designing
knave, frightened into q course of kidnapping,
was obliged to fee to avoid the walls of the
Y Pententiary, punishment riOhly merited by
his employers and deceiyers
Yours, &c, KNOX.