Holmes County Republican. [volume] (Millersburg, Holmes County, Ohio) 1856-1865, 1859-04-21
From the Cleveland Leader, April Is.
0BERLIN RESCUE CASE!
BUSHNELL CONVICTED.
The Reseuers in Jaii.
Z Verdict of Guilty.

r.-
The Court convened yesterday afternoon
at 2 O'Clock, and verdict having been
agreed upon by the Jury, they came in
and took their seats. The prisoner being
present the question was put by the
Court
"Gentlemen of the Jury, have you agreed
upon verdictl"
ave have, your Honor"
sWhat is your verdict, Mr.. Foreman q
"GuILTY."
The room was filed with spectators
who heard and received the verdict with
quietness. Ii had been expected until the
last moment, but when the Judge charged
the Jury in the forenoon, at the request Of
Mr.. Backus that it was necessary to find il
proven by the prosecution that the boy
John was taken and held by virtue of the
power of attorney and not by the warrant
then some hope was entertained that
the decision would be for the Defence
But the deed is done and the fat has gone
forth that Bushnell must submit to the
penalties of the Fugitive Slave Act.
This case being disposed of the District
Attorney called the name of James Langs-
ton as the next case. The defence remark
ed that they were ready in none of the
other cases except that of Prof. Peck
The Attorney insisting upon that of Mr..
Laugston, Mr.. Spaulding thought they
might be ready with the case by the time
time the new Jury was ready to proceed.
Judge Wilson said the present Jury was
one struck and selected for the term, and ii
was proper that they should try all the
cases. ....-.. ~ ...,t.,.t.
Mr.. Backus remarked that he was aston
ished to hear his Honor intimate that this
Jury, who have sat through and upon this
case-heard all the testimony, and who
have now in the presence of the Court rem
dered verdict, in which their minds are
made up and fixed upon all the important
points in the case, are to be held compe-
tent to try another case almost exactly
similar. The ownership of John-wheth-
er he owed service 10 Bacon-whether he
was the same whether be was legal
ly or illegally arrested by Jennings
whether he was held by virtue of the pow
er of attorney or by warrant-all these
points had been heard and determined by
these men, and could it be pretended that
they would come to another trial. with no
opinions formed in their own minds?-
Why it was an unheard of and most vii
iianous outrage on the sense of Justice of
the civilized world, and no one of the
defendants would so stulify himself even
as to attempt defence before such ju-
ry. He had never known or heard of such
mockery of that justice which should pre-
vail in every Court. 1t was terrible, not
to say monstrous proceeding, the like of
which had never been known since courts
were first in existence. s..-.....
The Court remarked that the Jury would
decide each case upon the evidence of
fered in that particular case, and there
was no occasion for excitement or intem-
perate zeal to be exhibited, as the rule
would be enforced. .r-r
Judge Spaulding then announced that if
the Jury who. had, settled upon a decision
upon every important point except identi-
ty, were expected to try every ease, then
the District Attorney could call the ac-
cused up as fast as be pleased and try them
for neither would they call any witnesses
for the defence nor appear by Attorney be-
fore such jury. .a.T a &c.,
Very well, thep," replied Judge Belden,
l ask The court to order these men
all into the custody of the Marshall"
The Court then ordered the Marshal to
take the prisoners into custody, when
Judge Spaulding requested that their re-
might be cancelled. ss Z 81
Court now adjourned to Monday morn
ing at 10 o'clock, the counsel for the de-
fence giving notice that they should con-
siderit their duty to challenge the Jury at
that time. sa7
Immediately after the adjournment the
room was cleared of all save the following
persons, who had been called up by the
Marshal as the accused, Ia few had previ-
ously gone to Oberlin, on permission of the
District Attorney their counsel and the
Marshal: 3 1l, l'- F