The St. Cloud journal. [volume] (St. Cloud, Minn.) 1866-1876, 1870-11-17
- ST. CLOUD MINNESOTA THURSDAY

put Mitchell through +; aud, after his
labofs wer. >eompletsa, 1rsnsweda tho
boast, nyiog he had secured jury to
suit his purpose. ~.
When the case vas called up the
second time, tho defence asked q post.
ponement, on the ground that the jury
had been packed, and produced evi.
denoe.of the violent partisan character
and expressed opinions Of it's members,
aud the open boasts Of the Marshal that
they had been selected to secure a CON-
viction. OF the witnesses to these
1act', stout John .Atcheson, of Clear
field, was the priacipal; and Judge
Grier 30 far forgot the proprioties Of
the bench a. to browbeat and show op-
en- contempt for these witnesses, at times
asking, superciliously. "Who is this
John Atcheson 7"
He forced Dr. Mitchell to trial by
this jury, with sworn testimony before
him Of its having been packed and
throughout tho tsi.l impressed tho
spectators by his jealous sympathy with
the prosecution. The defence claimed
that DR.. Mitchell had not concealed tho
men; that they had come to In
diana in a most deplorable condition,
and inquired for his house, ono even=
ing ; had bssn directed to it and seen to
enter /; that next moraing the Doctor
had been mp and down tho street with
them, buying them shoes. and other
artieles of clothing; that next day y.they
had left town, and when captured, =,
some weeks afterwarl, were in waste
2 cabin on Dr.. Mitehell's land, eight
miles from his residence that the cab,
in ~as near and in open view Of . pub
lie road in an open field, and vas often
used q 4 resting place by chance: tr.v.
elets without knowledge of the owner;
shat the men had been living openly in
this cabin, and going out to work where.
ever they could find employment; that
no one knew them to Be fugitive slaves ;
that there was no evidence .thst DR..
Mitchell had any such knowledge, and
common law would require that lie
should have notice that they were run.
away slaves before he could be held re.
sponsible for harboring them as such ;
that contrary ruling would make it
dangerous to show any Kindness to any
unknown person, as he might b. a fagl-
tive, and any chance act Of benevolence
thus render tho actor liable to heavy
dnes, imprisonment, and the payment
Of the money value Of the object Of hie
charity.
To this TIE prosecution responded that
-thsrs were no public roads in Indian.
county, in 70 far a. tho court knew, and
my part Of il, might b held 4 place 4oi
e9nesslmeut; that oil that was known to
tho eonrt Of that county was that it vas
Z place which every year sent up !,
Tremendous Wing majority, and was,
per consequence, a beuighted region,
fit for treason, strategem, and spoils.
To show that DR.. Mitchell knew that
the men were living in his cabin, they
produced note taken from the poke,
Of one Of them who had been captured
after a desperate resistance. 1t was d.
rected to men who lived on DR.. Mitch.
ellis farm adjoining the cabin, and rau
thus:
"Killa a sheep and give Jerry the half:
"RoBr. M1rcHr11."
1t was readily admitted that this wa,
no evidence that Robert Mitchell knew
that Jerry was . slave, nefariously in.
tent On robbing his master Of his divine
rights for defendant would have given
. half sheep or whole one, wool and all
to any poor man whom he believed t.
stand greatly in ueei,ot it. But, being
known ss an sbolitionist, aud 'livisg~ il
. county which sent ia Wing m,jorities
it M ssfe to assxn,e that he had knoxt
these men, Jerry aud his ragged com
peers, to be what the law now claimed
that they had beeu-;s e., iugittv,
slaves that he had hatbored them n
such although only two Of the ssvss
had ever been in biz, house.; and The.
with ~ much publicity ~ would have
attended tho vfs,t Of any. paupsr, askint
aims; that:they occupied tho waste cab
ID by bis direction, aud 'that,hs intend.
ed to conceal them: Jadgs; Grier, in BIZ
change, sustained this nm. of assump
tions, distinctly charged the jury. tha
the law did not require: that an,
notice should Be given Of the condition
Of i elaye,; but took il for granted tn.
the penoa relieving bis wants mus
know biz lsgslstat1s, and that although
NO eouoealmoat appeared. The iur,