Ashtabula weekly telegraph. [volume] (Ashtabula, Ohio) 1853-1873, 1859-05-21

snho July Wbr W Wy ai euo 'lNoOWv N"eNo' -"
Of them, be Il noted, involving the same mete-
rial points. How then could jury just having |
risen from the consideration Of one Of them
address itself to the consideration OF
another Against this remarkable order OF
Court, the counsel for the defense made earnest
protest, aud finally declaved that "uuder such
ruling, the court might go on with the cases as
fast as it pleased the defendants would not stul-
tify themselves by either offering evidence or
appearing by counsel" With this, the District
Attorney moved that the defendants be ordered
into custody. The Court repled-"The Dis
trict Attorney is entitled to the order, Let the
accused be called"
The clerk then read the names Of the indicted,
and those present were directed to put them
selves under the control Of the Marshal, who
cleared seats for them. While this was going
on, Mr. Ralph Plumb one Of the indicted, whose
case had previously been put over to the No
vember term went to Judge Spalding and asked
if his recognizance would not be taken up SO
that he could cast in his lot with his now inn
prisoued brethren. The Judge replied affirm
atively, and moved the Court in Mr.. Plumb's
behalf TO cancel his recognizance, and allow him
to join those who had been put in custody. The
motion was granted This occurrence called
the attention Of counsel to the recognizances Of
those who were now in the Marshals keeping,
and Judge Spalding arose and said-'Your
honor will of course direct the Clerk to cancel
the recognizances of all the gentlemen who
have been put into custody. 1t would be i'm
proper that their recognzances should stand
while they are in prison" Certainly" replied
Judge Wilson, sit will be done of course"
The Court and some of its officers seemed to
realize, at once, that injustice had been done to
the parties in custody, and that some means for
escape from the odium which would be incurred
by the order for Imprisonment should be found
Accordingly the Marshal soon came to the CON-
pany in duress, and proposed that the whole
party should go home. giving its promise to re-
turn on the next Monday morning. (The prop
osition was accompanied however, with the dis
tinct statement, repeated at least once, that
Bushnell was not to be included in the catego-
ry.w The Court, also, in reply to proposition
from the District Attorney that ample security
should be required of the persons Elm custody,
before they should be permitted to go at large,
replied that if they chose, they should go out
on the SANE terms on which they had had liber-
ty since their arrest, why giving personal re-
cognizance This ruling plainly implied that
a. Ill -, a.
mitment had originated with the District At
torney and Court otherwise it would have been
rebuked by a change of the terms of bail; or in
short that it was warranted by no wrong doing
coming on the part Of the persons committed
and that it was regarded by the Court itself as
being legally unjust
Confident that the commitment had proceeded
from personal malice and a determination TO
humble them on the part of the District Attor-
ney, and at least a willingness to have them
driven to the wall OIL the part of the Court, and
feeling that they would enter most emphatic
protest against the insult and legal injustice
which they had suffered by remaining in custody
OF the Marshal until the Court should amend
the wrong or the law should relieve them, and
that while the question as TO the Jury was yet
open, it would be polite to let the responsibility
Of the commitment rest with the Court, the de-
PENDANTS for the time refused the offers both of
the Court and Marshal. They we're further
prompted to this course by the consideration
that it would permit them to share Bushnell's
fortunes as long aspossible. They did, however,
say to the Marshal, that they were under his
orders, aud should do, to the letter, what he
directed" He replied by sending them to Jail.
1t was, therefore, because the Court without
being justified by wrong doing of any kind on
their part, had ordered them into custody and
thus grossly insulted and wronged them, and
because they were unwilling to be made the
scape goats of the judicial outrage las they
would have been had they, by making conces-
sions or accepting favors, relieved the Court of
the burden OF the indignily which it had forced
upon then) that the committed "rescuers" came
to Jail on the afternoon of Friday, April 18th
But it was expected by the imprisoned COM
pany that when Court was called on Monday
HOih'"S ~ hOuiNj Wy ISCalHuB ito OIueT ioSp6CJ-
ing the jury, if not otherwise open the way for
their restoration to liberty upon the same foot
ing which they had occupied before their COM
mitment. They were not disappointment in
their expectations that the Court would recede
from its las it seemed to them) exceedingly un-
just ruling as to the Jury. But they were dis
appointed in finding that their way to an honor
able release was hedged in by an entry on the
journal Of the court which averred that the de-
PENDANTS were ordered into custody because they
had surrendered themselves 10 discharge of their
recognizances. They at once saw that this en-
try either grew out of a misapprehension of
facts, or resulted from a determination to COM
pei them to remain in custody, or to regain lib
erty at the expense of plain acknowledgment
that they had been guilty of folly and indiscre-
ton which well deserved punishment. Hoping
that the first was the correct view, they made
through counsel, a statement of the facts and
asked if the journal could not be so corrected
as TO correspond with the truth, it should be
either vacated or made to present, 10 new en-
try, the fact that they differed with the Court in