Ashtabula weekly telegraph. [volume] (Ashtabula, Ohio) 1853-1873, 1859-04-30

administration Of the fugitive law has been full
q inierestns incidents, aifording some instruc-
tion. as we'll as hope. The character Of the
Judge had been rendered sufficiently unenviable
BY his own efforts IN the proceedings. but the
article which we copied last week, just before
going to press, from the Waechier, gave him
additional lustre fixing the qualifications which
nre 30 essential in the character Of trucking
partisan, bat wholly unfit for place upon the
bench. OF course this kind Of evidence put
the court in stir. Andthe Pilates and HerOds Of
the loco loco press Of Cleveland made friends
for the purpose Of warding of the odium.
On Wednesday, an incident occurred IN eOurt
which produced no little sensation. After the
examination Of Mitchell was finished Deputy
Sheriff Whitney, of Lorain county stepped for.
ward ard arrested Jennings and Mitchell the
Kentucky witnesses, on warrant issued from
Borain Common Pleas against them, upon an
indictment found in that county for kidnapping.
The WnisedStates Deputy Marshal then stepped
forward and exhibited Bench Warrant by
virtue OF which the two were held in custody of
Che Marshal for the purpose Of having them as
witnesses on these trials.
Mr.. Thayer as counsel for the Lorain county
officers stated to the court that the arrest was
made subject to the claim Of the court and be
asked the court to order, when the witnesses
should be discharged, that they be delivered
into the custody of the Lorain Sheriff The
court said it would take the matter under ad-
yisement. The Lorain Deputy Sheriff made
the arrest and with his assistants took seat be-
side Jennings and Mitchell within the bar circle.
There the matter rested, and the trial proceeded
Just before the hour of adjournment the court
seid the Marshal had returned the writ by which
he held Jennings and Mitchell in custody; that
unless the witnesses could give bail for their ap.
pearance as such witnesses the court would be
obliged to commit them. The witnesses, Jen-
nings and Mitchell said they could not give bail.
and thereupon the court ordered them into the
custody of the Marshal Mr. Tbayer then re-
newed his request that the court order those
men to be held subject to the arrest as made by
the Lorain County Sheriff, so that when these
trials are over, they might not be spirited away
The court remarked tina: the arrest thus made
vas an HnhsaraoE proceeding. and contempt,
foPwhich the party making it was liable to ar
rest. Mr. Thayer replied that there was no. in
tentioRof disturbing the Court, but that IL was
well known Jennings and Mitchell had rot been
ont Of the building for two weeks, and no other
opportunity was offered for their arrest on the
indictment found against them in Lorain, and
the intention was 20 make the arrest subject to
the prior claim Of this court The court re-
marked that when it had got through with the
witnesses it would be time to argue that mat
ter Marshal johnson soon removed Jennings
and Mitchell from their seat and then cleared
the bar of all save legal gentlemen putting the
Lorain Deputy Sheriff out with the rest.
The Lorain officer had been seeking for some
two weeks an oppertuUity to make these arrests
but they have been carefully guarded within
the court house. Mr. Marshal johnson had
prepared himself with strong force to prevent.
while Sheriff Whitney was provided with relia-
BILE assistance to enable him to make the arrests.
A collision at one time, it was said, looked lit
tie threatening. The sheriff still keeps watch,
but chivalry yields to discretion and the Ken.
tackians are not allowed to show themselves.
Another scene in this drama of federal digni-
y, occurred on Friday morning. One of the
special aids Of the marshal went to the iail
where Bushnell, the gentleman who had had his
trial was in custody. and informed Sheriff Wight.
man that Mr.. Bushnell was wanted at the court
room. The Sheriff with Mr.. Bushnell, also ac-
companied by Mrs. B. passed over to the court
house, and while going up to the court room
was called into the Marshal's room, where the
key was turned, and B. detained as a prisoner
OF the Marshal where he still remains, having
his meals taken in to him. This accomplished,
the Sheriff was applied TO for the mittmus, on
which Mr. Bushnell was committed, but the
sheriff very properly declined to give up that
document.
Iniseours was adopted probably, on account
OF movement on the part of the defence, to
get Bushnell out Of custody, on a writ of Habeas
Corpus, application having been made TO the
Judge of the Supreme Court, at Columbus
Judge SpauldiDg made the application. 4 in doing
50 remarked that under this proceeding he pro.
posed to arraign the Congressional enactment
OF 1850 as an excess of Legislative power and
an innovation upon the sovereign perrogativel
OF the state, which alone had power to regulate
BY pains and penalties. the internal police o
The commonwealth.
lie insisted that this tribunal was the coBsti
tutional guardian Of the personal liberty o
every citizen Of Ohio, and, as such, it was pecu
liary 81 and proper that it should take cogniz
aDce Of any infringement Of this great right
whether by federal eourt or any other power.
The Court entered rule on the U. s Mar
shal Of the Northern District and Sheriff o.
Cnyahoga county, as well as the U. s. District
Attorney for said Northern District, to show
causes by ten o'clock. on Saturday the 23rd
Inst, why the writ OF Hsbeas Corpus should
not issue according to the prayer Of the ap
plifants