The Tipton advertiser. [volume] (Tipton, Cedar Co., Iowa) 1856-1962, 1859-01-08

The Wellington Rescue Case.
u. s. Marshal johnson went to Obcr
lin on Tuesday, 7th inst, to serve writ!
on the parties indicted by the Grand /
ry for having been concerned ii.t.lc res
cue Of the slave "John' at Wellington
on Sept, 18th. He took but one Dcpu
ty with him, who was employed in ser
wing process on those who resided a,
some distance from Oberlin. There was
no excitement and no attempt to resis,
the process of law. On the contrary
Marshal johnson informs us that the
disagreeablc duty was performed by him.
self and submitted to by the parties in.
dicted with the utmost courtesy and good
feeling. The Marshal Says that the Fac.
ulty of Oberlin and the citizens are all
gentlemen in every respect, and he
wishes to make public acknowledgment
of that fact. Promise was made that
the persons on whom process was served
would voluntarily attend the U. S. Court
in this city and submit to the require
ments of the law.
Wednesday afternoon the following
persons appeared in court, to wit: Prof
Henry Il. Peck, J. NJ. Fitch, Win,
lam +. Scrimiger, Ansel A. Lyman,
J. r Shepard, Simeon Bushnell, David
Watson, John Watson, John H. Scott,
aud Henry Evans, all of Oberlin. The
remainder of the persons indicted have
engaged to be in court this (Thursday)
afternoon or to- morrow.
On being arraigned, Judge Spalding,
counsel for the indicted, demanded i'm
mediate trial. They have been taken
from their homes and ircsides and now
asked speedy hearing and were ready
for trial This announcement staggered
the Federal Attorney, Judge Bclden,
who did not dream but that these men,
tike otLer criminals, would ask postpone
mcnt. He was then put on the defence
and asked for delay. What other proof
need the public have that this prosecu-
tion is merely for effect at Federal head
quarters, than the fact that the District
Attorney, who has the whole matter un-
der his control, who knows all the Sc
erets of the Grand Jury room, who can
lay his finger upon every witness for the
prosecution, who can hold such witness
by the whole Federal force, asks post.
ponemcnt of the trial. The prosecution
said witnesses were in Kentucky and it
would take two weeks to get them. -
Judge Spalding asked if it is reasonable
that citizens ef Ohio should be thrown
into Jail to await the movements of Ken
tucky slave catchers." Mr.. Belden, as
adviser Of the Grand Jury, has been in
strumental in finding this indictment,
and the thing is unusual in criminal iu-
risprudence that prisoners should in vain
ask for an immediate trial. No one
doubts that the Federal Attorney could
have called every witness, upon whose
testimony these proceedings were insti-
tuted, to the witness box, but no the tri-
al must be put of, and in doing so the
Federal Attorney has either stated false
hood or there is not sufficient to convict,
and if not sufficient to convict, what an
outrage it was upon justice that he
should have permitted the Grand jury to
find bill
The Court, however, granted a contin-
uance, and stated that the defendants
would be held to bail in the sum of five
hundred dollars each. ave give no
bail, may it please the Court, and the
prisoners are here, subject to the order
of the Court If Judge Spalding had
sent a respectable sized torpedo to the
Bench it would not have produced great
er fiuttering. The Court and District
Attorney were non plussed and looked
with wonder upon these men of Oberlin,
who dared to beard those appointed to
execute the Fugitive Slave law, even in
their Court room. Consultation was had,
the Jail doors were yawning for the vic
tins, and shackles were at hand, if safety
demanded them, but the Court directed
that the defendants should each cater
into his own recognizance for appearance
at the March term. Let it be noted
that among these dosendents were ne
grocs, who, by the Dred Scott decision,
are not citizens Of the United States,
cannot bring suit in the Federal Court,
but who yet were permitted to depart
upon their own recognizances. What
will Mr. Buchanan say to such an inter
probation of that d. cision? And what
will he say to such execution of his pet
Niger catching law?
Thus ended that chayter in the Well
ington rescue case, and each ''rcscuer"
has gone home on his own word of hon
or-which is all that being discharged
ones own recogbzanee means-that he
will return at tho March term Bail
they would not give, although the Court
offered to put it down to the mere nomi-
nal sum Of iye hundred dollars and allow
one to sign the bond for the other