Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1859-07-11


nappers in LOrain without trial We have
taken pains to learn tho facts, and give them as
VIC understand them.
Jennings and others were indicted first for
kidnapping free negro, and second for seeking
to take an alleged fugitive out Of the State
without complying with the pr,visions of the
Fugitive Act. The Act under which they were
indicted is an old one, but was revised and re-
enacted by the last Democratic Legislature, so
as not 60 conflict with the Fugitive Act. The
Kidnappers are clearly guilty, and ioouid haD'
been eonuieted OF this those who had exam
ined the indictment and know the facts were
we'll advised No disposition was manifested
10 give them other than perfectly fair trial
Lorain county never gives any other. The
counsel selected to try the cause on behalf Of
the State, Messrs. Bliss and Burke, publicly
assured Mr. Belden when the prisoners were
arIaigned, that they should have perfectly
fair trial, and the benefit of all the forms Of
law in their defense, that the people of Lorain
county, though deeply indignant at the wsnton
persecution of their citizens by U s. officials,
respected their own character and public jus
tice too much TO desire anything but even and
exact justice to all, even to the mesnest.
On application ofthe prisoners for continuance
the Court took recess from the 9th Of June to
the 9th of July, to enable them to pre-
pare their defense, aud they were admitted to
the very low bail of $500 each About a
week before The 9Th it was noised through Lo-
rain by the hangers-on of the Administration
that Kentucky was in Cleveland, that the
President and his Cabinet were very much
excited, and that Judge Mclean would issue
writ of Habeas Corpus for the men yet
at large, and woe to those who should fail to
show proper respect to it! Saturday morning,
at early dawn, the Kidnappers in charge of
Marshal johnson and Prosecutor Belden sailed
into Elyria. Though it was still in Term time,
yet the learned U s. Attorney sent for the
Bail, called together the Probate Judge in order
to deliver up the prisoners that they might be
sent to Jail, so that the "great Writ" allowed as
alleged by Judge Mclean while the men were
at liberty, might be served upon the Sheriff 1t
is not to be wondered at, that the great repre-
sentatiyes Of Buchanan and his Cabinet, who
gravely supposed, or rather swore, that men at
large were in confinement, might also suppose
that duty enjoined upon Probate Judge in
vacation, might as well be performed by him in
Term Be that as it may, the Judge gravely
waited in his office till late hour to hear the
application, but as there could be no District
Court without Marshal, so the U. s. officials
~. H.
without Sheriff, and they declined their appli-
cation till they could assemble the Sheriff
For some reason they could not find him on
Saturday night, and he refusing to be assembled
on Sunday, they were obliged to put the matter
over till Monday. Pretending to be too scrupu-
lous themselves to send men to prison on Inde
pendence Day, they sent word to the Sheriff
that they should 90 back to Cleveland to spend
the Fourth, and would return on Tuesday
morning The Probate Judge hearing of this,
thought it good time for him too to 60, and
accordingly early Monday morning left for
Painesville. But to the surprise of the Elyria
officers, Buchanans men early sailed into the
streets, eager to get their clients into Jail, and
finding no Probate Judge, they formally ard
with great earnestness and some oaths, tender
ed sheir charge to the Sheriff in the streets,
who respectfully declined to receive it. 70
cap the climax of absurdity, the Marshal with
equal iormality, at once served upon the Sheriff
his great writs of Habeas Corpus, of which he
had boosted so much, which the Sheriff handed
to his counsel and proceeded to Columbia to
celebrate the Fourth.
The Marshal and Prosecutor having made
themselves the laughing stock of the town, by
their swells..and blunders, Indignantly left on
the first train, the prisoners having evidently
worse opinion Of their prOwess or capacity than
on Saturday morning, Monday evening the
prisoners returned, and with them came Geo.
Bliss, who was reputed in Elyria to possess
some brains, and hence no antics or street lee
lures were looked Tor. But he, after trying by
fair words to induce the Sheriff to take charge
ofthe prisoners, left with them on Tuesday morn
ing for the last time. They had by this time un-
mistakAble evidence that the Elyria officials
were thoroughly in earnest, that they understood
thoir case and were prepared to administer the
law and its just penalties. Seeing this, they
compelled the U. S. Government, which OF
course must obey Southern necessities, to apply
for a compromise. Hon, D. X. Cartier, who
had been employed to assist the prosecution,
was the medium Of communication with the
LOrain authorities, and they reluctantly con
sented to nolle the indictments against the
Kidnappers, upon the discharge of the Oberlm
aud wellington prisoners They desired to
prosecute, as they l0iH yet prosecute i another
KidnaPper comes loithiR their reach, TO see
whether Ohio laws or federal lawlessnoss shall
prevail But the knowledge that their friends
were in prison, in the hands Of officers who
regard no law, but LeoomptOn-hke, use its
forms as convenient instruments for Furnishing
political enemies, induced them to foregO their
present purpose Why the Administration
should be so anxious to shield men from the
responsibilities of kidnapping, does not 30
clearly appear, unless, in carrying out the Dred
Scott opinion, the crime of negro stealing is
instinctly adopted as an Administration meas
ure.
d We were curious to learn what would have
been the reception of a regular writ of Habeas
Corpus from the Federal Court had one been
issued We arc satisfied it would have been
returned Dithout thslPrisOners, and with legal
excuse for not producing them. This was the
determination, though there was some difference
ofopinion on the subject. The difference between
a Federal and State writ Of Habeas Corpus is