Year: 1859

previously been put over to the November term.
went to Judge Spalding and asked If hia recogniz-
luce would not be taken up so that he could cast
in bis lot with his now imprieoHsa brethren. The
Judge replied afirmatively, and moved the Court
in Mr. Plumb's behalf to cancel his recognzance,
and allow him to join those who had been put in
custody. The motion was granted. This occur
renee called the attention of counsel to the recog
nizances of those who were now in the Marshars
keeping, and Judge Spalding arose and said
''Your honor will of course direct the Cierk to
cancel the recognizances of all the gentlemen who
have been put into custody. 1t would be impror-
er that their recoguzar ces should stand while they
are in prison" Certainly" replied Judge Will
soE, "it will be done of course"


The Court and some of its officers seemed to re-
alize, at once, that injustice had been done to the
parties in custody, and that means for escape
from the odium which would bo incurred by the
order for imprisonment should be found. Ac-
cordingly the Marshal soon came to the company
in duress, and proposed that the whole party
should 60 home, giving its promise to return on
ths next Monday morning. (The proposition was
accompanied, however, with the distinct statement,
repeated at least once, thct "Bushn II was not to
be included in the category" The Court, also in
reply to proposition from the District Attorney
that ample security should be required of the per-
sons in custody before they should be permitted to
go at large, replied that if they chose, they should
60 out on the same terms on which they had had
liberty since their arrest, why giving personal
This ruling plainly implied that
tho procedure which had resulted ia the commit
ment had originated with the District Attorney
and Court, otherwise it would have been rebuked
by a change of the terms of bail; or showed that it
wGs warranted by no wroDg-doing coming on the
part of the persons committed and that it was
regarded by the Court itself as being legally un-
just.


onsdeht that the commitment had proceeded
from personal malice and determination to hum
BILE them, on the pdrt Of the District Attorney, and
at least a Willingness TO have thstn driven to the
wall on the part of the Court, and feeling that
they would enter most emphatic protest against
the insult and legal injustice which they had sufi
fered by remaining id custody Of the Marshal un-
til 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 defendants for the time refus-
ed the offers both of the Court and Marshal.
They were further prompted to this course by the
consideration that it would permit them to share
Bushnelps fortunes as long as possible: They did,
however, say to the Marshal that they were un
der his orders, and should do, to the letter. what
he directed" He replied by sending them to Jail.


1t was therefore, because the Court without be-
oJ bu of kin1n
part, had ordered them into custody and thus
grossly nsulted and wronged them, and because
they were unwilling to be made the scape goats of
the Judicial outrage tas they would have been had
they, by making concessions accepting favors,
relieved the Court of the burden Of the indignity
which it had sorced upon them,) that the commit
ted "rescuers" came to Jail on the afternoon OF
Friday. April 18TH


But it was expected by the imprisoned compa-
nv that VIXEN Court was called on Monday morn
ing it would, by recalling its order respecting the
jury if not otherwise, open the way for their res
toration to liberty upon the same footing which
they had occupied before their commitment They
we're rot disappointed in their expectations that
the Court would recedc from its (as it seemed to
them) exceedingly uNjnst ruling as to the Jury.
But they were disappointed in finding that their
way to an honorable release was hedsed by an en-
try on the journal of the court which averred that
the defendautp were ordered into CUSTODY because
they had surrendered themselves in discharge Of
tt cir -ccognizanoes. They at once saw that this
entry either grew cut Of misapprehension of
facts, or resulted from determination to compel
them to remain in custody, or to regain liberty at
the expense of plain acknowledgment that they
had been guilty of folly and indiscretion which
we'll deserved punishment. Hoping that the first
was the correct view, they made, through counsel.
statement of the facts, and asked that if the
journal could not be corrected as to correspond


with the truth, it should be either vacated or
made to present, in entry, the fact that thcy
differed with the Court in their understanding of
the matter The Court kept the request under ad-


visement through the day, and then announced
that it bad determined to let the record stand as it


was This announcement compelled the imprison-
ed to believe that their humiliation was determin-
ed by the Court. Under such circumstances self
respect forbade their entering into new bonds.


Knowing that the matter they had in hand was
an important one, and that either remaining in
custody or giving new reoognizance Involved great
issues to themselves and others, the imprisoned
took time to consider both their position and their
duty. While they were pursuing their inquiries,
they entertained the hope that the Supreme Court
would release them from the duress by granting
them Habeas Corpus Their hope in this direction


was presently blghted by the refusal of the court
to grant the writ, and then they found the way to


honorable escape from custody more efectually
closed than it had ever before been, II they he'd


entered into recognizances or given bail upon the


heels of their defeat q: Columbus. they you'd


have encouraged the prosecution in the belief that


they were effecually humbled, and that they had


forsaken their cause as being Lost That they


were justified in believing that their entering inte


recog or giving bail at this time would have


been regarded in this light, is proved by the dis