The Cass County Republican. [volume] (Dowagiac, Mich.) 18??-1880, 1859-04-28

fhe Court convened yesterday after
noon 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 verdict?"
"We have, your HONOR
''What is Your verdict, Mr.. Fore
man?"
"GUILrY."
The room was flic,l with spectators,
who heard and received the verdict
with quietness. 1t 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 it proven by tbs
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 fiat has
gone forth that Bushnell must submit
to the penalties of the Fugitive Slave
Act.
This case having Been disposed of,
the District Attorney called the name
Of James Langston as the next case.
The defence remarked that they were
ready in none of the other cases except
that of Prof. Peck. The Attorney
insisting upon that of Mr.. Langston,
MIR. Spaulding thought they might be
ready with that case by the time the
new Jury was ready to proceed.
Judge Wilson said the present Jury
was one struck and selected for the
term, and itwas proper that they should
try all the cases.
Mr.. Backus remarked that he was
astonished to hear his Honor intimate
that this jury, who have sat through
and upon this case-heard all the testi-
mony, and who have now in the presence
of the court rendered verdict, in which
their minds are made up and fixed upon
all the important points in the case, are
to Be- held competent to try another
case almost exactly similar. The owner
ship of John-whether he owed service
to Bacon-whether he was the same
JohdAwhether he was legally.or lille
gally arrested by Jennings : and
whether he was held by virtue of the
power of attorney or by the 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 villainous outrage
on the sense of justice of the civilized
world, and no one of the defendants
would so stultify himself as to attempt
defence before such jury. He had
never known or heard of such mock
cry of that Justice which should prevail
n every court. 1t was terrible, not
to'say monstrous proceeding, the like
of which had never been known since
ce.rts were first in existence.
The court remarked that the Jury
would decide each case upon the evil
sfence offered in that particular case,
and there was no occasion for excite
ment or Incorporate zeal to be exhib-
tied, as the rule would be enforced.
Judge Spaulding then announced
that if jury who had settled upon a
decision upon every important point
except identity, were expected to try
every case, then the District Attorney
could call the accused mp as fast as he
pleased and try them, for neither would
they call any witnesses for the defence
nor appear by attorney before such a
jury.
Very Ell, fhen, replied Judge
Beiden, 81 ask the court to order
these men into the custody of the Mar