Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1859-04-16

this case neither purporls 70 have been msda
before him, nor is it averfcd 30 10 have been
made in this Indictment; AVID therefore such an
thouty can add nothing to the validity Of this
acknowledgment.
9th. That tho acknowledgment in ,his case is
void, because it is not certified under the seal Of
the officer before whom il purports, through
deputy, 70 have been taken.
9th. That in order to find that John was a
slave, and owed service TO said Bacon, they
must find from the testimony, that BY the laws
OF Kentucky, person in the condition Of John
at the time OF his alleged escape, might be le-
Rally held TO service as a slave that Jonn was
10 fact the slave Of said Bacon at the time of
such escape and OF said alleged rescue; but
that, il the testimony satisfies them that said
John g. Bacon derived his title TO said John by
descent from his father, who died leaving five
other childaeu, all Of whom are still living, the
presumption is, in tho absence Of testimony
showing that division had taken place of the
property Of their father, that John was, at the
time Of his escape and at the time of bis alleged
rescue, the joint property Of all the children;
and, therefore, that the averment OF ownership
is improved and the prosecution must fail.
9TH That before tho defendant can be held
liable for the acts and declarations of those con
stituting the Rssemblage of persons, who arc
claimed to have been instrumental in the rescue
Of John, the jury must be satisfied that all of
that Rssemblsge, whose acts were given in ev.
idence, were there for the common purpose Of
illegally obstructing the claimant in the re.
clamation Of John, and that the said defen-
dant there and then was acting in concert with
them
sth That il the defendant in his oonnec-
ton with the rescue Of John, was honestly of
the opinion that John had been illegally seized
upon and ives being carried away in violation
Of law; and the claim Of right 80 20 seize and
carry him away, were given, by those who had
hun in custody, TO be by virtue Of a warrant in
the hands of said Lowe, then the defendant
cannot be convicted OF the crime charged in the
indictment,
In answer to the abovei the Court gave the
following special instructions:
Let Requesi-The proof must show, as have
already said to you that the fugitive was held
by virtue Of the power of attorney and not
by virtue Of any other legal authority or pro-
cess
2d Reguesf-In legal contemplation such Gus
tody could not be in JenninRs the attorney,
and in the Marshall, by virtue Of ldteftl process
at the same moment. And it is proper and
important for the jury to refer TO all the testi-
mony for the purpose Of asoertaning whether
any legal process was used in the arrest
anu utttllNloh OF tnb negro because unless
the evidence clearly shows that LEGAL process
was used the fugitive cannot be considered as
held by process at all, and although the slave
might have been taken in the first instance
upon a void warrant, it was nevertheless compe-
tent for the attorney, by virtue Of his power, to
take and control him at any time afterwards,
and in Ohio no presumption exists that a mau
(black or white) is properly restrained of his
freedom except on clear proof of legal authori-
ty for that request
Sd Reguest-Tho power of attorney in or
der to be valid, must unquestionably be shown
to be acknowledged as alleged in the indict
ment.
It's question Of fact for the jury to deter
mine whether VIM, IL. Richardson was or was
not deputy clerk Of Mason county Court. If
he was, his official acts were the acts of Mr.
Cochran who it is admitted, was the clerk of
that court. "Qm faeit per al as faeit per Se," is
o maxim that obtains everywhere.
4th Re9West--Was complied with.
9th RegUsst-Judge Wilson refused to charge
as requested.
9th and 9TH Re4Hest-Judge Wilson refused
to give special instructions because the points
were covered by the regular charge,
9th RegRest--Refused Held that the defen-
dant was bound to make enquiry as to whether
John was legally held or not.