had seen the nigger he was to come and tell us | floor, but think it was the second. Don't whether the nigger would go or not. So the next mornin' he come and told us that the nigger said he could n't go, for Frank had got cut, and he must stay and take care of him, I wanted to get Frank too-but that there was a nigger down at New Oberlin that he thought would go and dig the potatoes, and he would go with Shakespeare and help him find that nigger. So we told Shakespeare that would do, and he went back with his buggy and took John in, and in about fifteen minutes Mr. Lowe, and Mr. Mitchell, and Mr. Davis started on after him, I staid at Wack's till Shakespeare come and told me that they'd got him. Mr. BACKUS: Did Shakespeare tell you how they took him?

Witness: Yes; he said about a mile and a half or two miles out of town they overtook him, and drove alongside of his buggy, and then they took the nigger out of his buggy and put him into theirn, and drove off with him.

know whether the stairs landed in a hall or in a room, but had to pass through a door after reaching the top of the stairs. Spoke to them that were inside, and they let me in. Had no occasion to show weapons going up. Said nothing to the people in the halls or on the stairs. Saw the people crowding in with guns, asking for the men that had John, and didn't stop to talk long! [Laughter.] Crowd made no opposition to my going up. The room in which John was had no good fastening, so I asked the boys [Lowe, Davis, and Mitchell] if we could n't get a better room. Landlord soon came in and I asked him. So he showed us up stairs. Crowd made no resistance or demonstration of any kind as we passed through the hall. Landlord led the way. Think I was next; all went out together. As many as two could go up the second stairs abreast. Am not positive whether I found John on the first or second floor. At the top of this second Mr. BACKUS: Did you give him the $20 ? flight of stairs, the landlord showed us a safer Witness: Yes, sir; I gin him the $20, and room. Went in. Took my stand at the door. got my dinner, and started for Wellington. I Landlord left without going into the room. hired Mr. Wack's buggy, and he sent a boy Lowe, Davis, Mitchell, John, and self staid. down with me to bring the buggy back. I Staid till about dusk. It was a front room. started about one o'clock. Don't know whose Recollect only one window. The window horse and buggy Shakespeare had; supposed looked out upon the public square. Heard it was his daddy's. Paid the boy in good nothing from the crowd below distinctly enough money; don't remember what sized bills. Saw to make out words. Some men came pretty no fire-arms along the road. Had two pistols soon and asked us to let them in. First along in my pocket. I let in every one that wanted to come in. The first that wanted to come in, come within fifteen minutes after we got in. They come in about two or three to a time. Would come SECOND DAY. - 9 A. M. and rap and ask if they might come in. I would Anderson Jennings. Cross-examination con- ask 'em how many there was, and they would tinued, Have had no conversation with Bacon say, "two," or 66 three," or four," as it hapsince adjournment of Court yesterday. He pened to be, and then I would let them in. told me in our conversation before I came Did n't see defendant there. Didn't see him after Mitchell, that he had said he would give at all during the day. The sheriff come and $500, or one half the value of the nigger to wanted us to show our authority for taking that any one that would catch him and bring him boy. We showed him our papers. He staid back. Never saw the nigger after he run off some time and talked about arresting us. till I saw him at Wellington. Had two pistols This was about an hour after I got there. with me. [Witness showed one of them, a Sheriff passed out and in several times. He five-shooter, and said the other was precisely went away the last time within an hour of the like it.] Had no other weapons. Had two time he first came. After the sheriff he come pairs of handcuffs. [The Court ruled out the in and talked so about arresting us, concluded evidence with respect to handcuffs.] Never I would n't let in no more, 'cept such as had a informed any one at Oberlin of my business right to come in. But there was three or four except under injunction of secrecy. Stopped staid in the room all the time. One of the nowhere between Oberlin and Wellington. Stopped at Wadsworth's hotel in Wellington. Found a good many people there. Didn't know any of them. Found Lowe, Davis, and the boy John in the hotel. Found them in a room on the first or second floor. Found where to go by the people crowding up the steps around the door. Fifty or sixty persons were about. Didn't see the defendant. The hall below stairs, and hall above were full with them. Had hard work to get up stairs. Not sure whether I found John on the first or second

Court adjourned till next morning at 9 o'clock.

!

men inside was purty reckless, and hollered
out to the crowd that they was d- d cowards
and fools. I asked 'em why they did n't come
up and take the man out. We told him to hush,
but said nothing to the crowd outside; either
to those below in the square, or to those in the
hall. Those in the square could not have
heard what I said, but those in the hall were
perfectly still when any of us was talking
inside, and might have heard.
The punch
against my head through the stove-pipe hole
was about half an hour before John was taken

started with the power of attorney. I did not know at the time that Bacon had offered any kind of reward for his nigger, but in the course of the conversation he told me that he had said he would give five hundred dollars, or half the value of the nigger, to any one that would fetch him back. I tried to get him to go, but he said he could not, and so finally I told him that since I had caused him to send the power of attorney, I would go and use it if I could; but nothing was said by either of us about any reward to be given to me. Think the wagon

was ten or fifteen yards from the hotel; don't know certain. It stood about in the centre of the square. Don't know how large the square was..

Cross-examination resumed. We have different names for different colored niggers at the South. Some we call black, some yellow, and some copper-colored. Yellow is part white and part black blood, usually about halfand-half. Copper color is between black and light mulatto. Black is black pure African. Some would call John copper color, but I should call him black. Have seen blacker niggers than him. Never saw a slave so white it was hard to tell him from a white person. Never saw, as I can remember now, but one that looked to me to be more than half white, and that was a free woman that come from Ohio. Saw some of these real white ones at Oberlin.

ber had already gone. Heard defendant say as Fitch's store for the purpose of telling them nothing farther. Oliver S. B. Wall was in the more. Defendant came out of the store. They buggy with defendant. They drove south to- stood on the door-sill, and I stood on the sideward Wellington. Wall had a gun. Wall's walk. Don't know that any one else was near. color is what I should call "mixed." Did n't see Defendant spoke first and asked if they'd got defendant have any. Never heard defendant | him. One of them told him they had. [Witmake any statement afterward with reference ness repeated what followed precisely as on the to where he had been, or what was done at direct examination.] Watson's buggy left for Wellington. This is all witness knows about Wellington first of all. Was not surprised to defendant's part in the crowd. It was Stevens's find a crowd on my return to Oberlin, because horse as well as buggy. Didn't see the horse it had been threatened that if any man was afterward. Don't know where the horse and taken off he would be followed and brought buggy went to. Defendant was noisy in the back. When I first reached Oberlin, returning crowd before he went away, but witness can't from Pittsfield, no crowd was gathered. Put tell what he said. Have no idea what he said. out my horse without speaking to any one, and Defendant went away about half an hour after coming into the street some fifteen minutes the first of the party started. The conversa- after, found a crowd of twenty or thirty pertion in the crowd was about getting off as soon sons. Then spoke to Peck, Plumb, and Fitch, as they could to rescue John. They reckoned as before stated. Don't know what became of Lowe would take him to Wellington, and catch Lyman after he got out at his house in the the five o'clock train for Columbus. So they lower part of the village. Told Lyman, comwas in a great hurry. I met John. I met ing up, that if he would n't say any thing about John and the officers on the road, and told of it till next day, I would n't, for John was a poor it, so a good many come to me to ask about it. louzy pup, and I wished they would take him | I told 'em they'd have to be quick if they over- off. Lyman agreed to this.* I made the proptook him. All the crowd were active. De- osition to keep still. I once stole half a cheese De-osition fendant was active with the rest. The crowd to keep from starving, and was put through for was all over the street. They went off in buggies, wagons, hay-racks, wood-racks, etc. Could not state how many had arms. Saw guns sticking up all 'round. Recess till 2, P. M.

SECOND DAY. - 2 P. M.

it.

Left

Direct resumed. It was Ansel Lyman. Artemas S. Halbert, called. Resided in Oborlin in Sept. of last year. Also before and since. Was at Oberlin on the 13th of Sept. about 3 o'clock. Saw the people assemble at Oberlin. Think they began to assemble about Seth W. Bartholomew, cross-examined. Have 2 o'clock. Should think three hundred or resided in Oberlin twenty-five years. Am more had gone before I went. I should rather twenty-six years old. Was in the show busi- say that three hundred or more had gathered, ness (panorama) in Sept. 1858. Saw Jennings but probably not so many as three hundred twice the day of the Rescue. First, in the went. Most who went at all went before morning, in front of Wack's tavern, and in did. Saw defendant a few minutes before I the afternoon about two miles south of Ober- left; he was talking with another man about lin, going towards Wellington, in Wack's bug- going to Wellington. Defendant said somegy, with Wack's boy along. Witness had been thing about getting a horse to go to Wellingto Pittsfield to post bills of his show, and met ton; but did n't state on what business he was Jennings on his return. Also met the negro going. Also met the negro going. The man he was talking with was Mr. John. He was on the back seat of a carriage, O. S. B. Wall. One of them, witness cannot three white men being in the carriage with say which, said they ought not to go without a him. Davis was one of them. Do not know gun, and the other, who witness thinks was dethe others. They were on the diagonal road fendant, said he knew where he could get a from Elyria to Columbus, about two miles south gun. Witness then went down street and was of Oberlin. The first men I told about John, invited to go to Wellington, and accordingly were Peck, Plumb, and Fitch. Had no con- went. Don't know what became of defendant. versation with any of the persons who were in Witness went in a buggy. Just outside the the carriage. The carriage they were in was village, defendant and Wall sitting together in not an Oberlin carriage. Don't know where a buggy, overtook and passed witness, and kept it belonged. Lyman was with me coming from just ahead, most of the time in sight, all the Pittsfield, but did n't see John. Don't know way to Wellington. It was Harvey Whitney that Lyman told any one before I told Peck, who asked witness to ride, and with whom witPlumb, and Fitch. One of them said they ness did ride. It is nine miles to Wellington. were standing in the road a little north-east of We went in three quarters of an hour. Saw Carpenter's store that they had better go up defendant after we got there. Found a crowd to John's house and see whether he was gone. of five hundred, I should think, in front of I told 'em they need n't be to that trouble, for I had met John on the road, headed towards Wellington. Followed these three men as far

* Mr. LYMAN immediately published a card in thẹ Cleveland Herald, flatly denying this story.

Wadsworth's hotel. Defendant was in this s'posed it was. Heard defendant say nothing crowd. Crowd were talking about getting out more about the buggy afterward. Have not a warrant to arrest some men that had a fugi-seen John since. Think I have heard defendtive slave there, and defendant said that that ant say nothing about the Rescue since. Do would be the best way to do it, or something to not know who went up stairs inside, not going that effect. He seemed to be pretty cool; into the house at all myself. Did not see the cooler than the rest, and yet somewhat excited. negro come out on the piazza. The wagon Saw no arms in defendant's possession. Crowd stood, I should think, from eight to twelve rods talked about getting the fugitive out in some from the house. Saw some go in by the second way or other; and did n't talk about much else. story windows from the second story piazza. Saw some persons go into the house, and among Cannot tell how many. them Ansel Lyman, Wilson Evans, Messrs. Lincoln, Winsor, Scott, and Lairie. Don't know as I remember any others. I was standing in the street in front of the hotel, with the crowd all 'round me. A good many went in. Some came out on to the porch of the second story, and made some report. They said if more men would come up they could get the man out. Did n't say who they meant by "the man." Heard defendant say nothing at this time. Don't know where he was. The information brought out to the crowd was [the opposite counsel submitted that the information brought out to the crowd was irrelevant, unless it was positively shown that this information reached the defendant. The Court overruled the objection. Exception was taken to the ruling]. Heard Patton say as he came out, that he had seen and examined the papers in the house, and that they were good. Then there was a sort of general discussion through the whole of the crowd about the papers, some thinking they were right, and others doubting

Cross-Examined. Have lived in Oberlin about three years. Am a painter by trade. Went from Cincinnatus, Cortland Co., N. Y., to Oberlin, Was eighteen last December. Never served any time at my trade. Was not at work in September last. First heard of the excitement about one o'clock. Heard the crowd say that there had been a fugitive taken away by some Southerners. The crowd in which I was consisted of two or three persons beside myself, in front of Mr. Watson's grocery. Ansel Lyman was one of them. Remember names of no others. None of them had guns. It was Lyman who said they had got the fugitive. This was not more than two hours after I saw him returning to town with Bartholomew. There was another crowd in front of Mayor Beecher's store, about three rods distant. Saw no guns in it about twenty-five in this crowd. There were other groups pretty much all over the street, There were five or six persons in front of Scott's shop. Staid around the corners some three hours before going to Wellington. Crowd became much larger than first found it. Saw the first gun about the time the crowd was largest. Saw revolvers at Oberlin. Had one myself. Mine was broken. Don't know but all the others were. The crowd at Wellington talked as though they thought the Southerners had kidnapped the negro, contrary to all law, and they wanted to arrest them for the purpose of an investigation. The garret and its window were one story above the piazza of the second story, and there was no covering above this second story piazza. Lyman and Winsor and Lincoln went into the house from the second story piazza. Wilson Evans went in at the front door below. Cannot tell what time in the afternoon either of them went

it. Was there when the negro was brought down. Think it was about an hour after they began discussing the papers. Meantime, some said, "let's go up and bring him down;" others said, "he must come out of there." Could not tell who was most active in such talk and movements; all were pretty much excited. Should think the crowd had two hundred or three hundred pieces of firearms, such as guns, pistols, etc. Don't know that I heard any threats. Heard nothing from defendant except what I have already stated. When they came out with the negro, I was in front of the hotel, near to it. Had been all about through the crowd before this. When the negro was brought down, defendant was sitting in a buggy near me. A horse was attached to the buggy.in. Lairie went in below or above, can't say Well, what was done with the nigger ? He was put into the wagon in which defendant was sitting. There was quite a crowd between me and the wagon, and it was a little dusk. He seemed to be thrown in, or something like it, for his heels were higher than his head. The horse started towards Oberlin, somebody cracking the whip and driving. Think defendant drove, but am not sure. There was another person in the buggy whom I did not know. Some time before the negro was brought down, some one asked defendant if that was the buggy which was to carry the nigger off, and he said, "it was," or, "he

which. John Scott went in at the door above. Saw no one go in at the attic window. Saw no breaking in of said window. Staid pretty much in front of the door from the time the men went up till the negro was brought down. Some of the crowd thought they had best have Lowe come down and show his papers, if he had any. Such were Henry Evans and Mr. Wall. Others thought they had better go and take him any way. Don't know any names of such persons. Think I could identify two or three by sight. One of these said, "Let's go and bring the nigger out any how." This was a mulatto. He stopped at

:

1

Oberlin some little time. Does n't stop there point and snap a gun at a white man, neither now. Saw him last some time last winter. of them known to me. Some of the crowd Have n't at any time told any of the officers of said, "They'd have the boy or pull the house this Court what I was going to swear to. They down," "pull the roof off," "would n't leave have gone it pretty blind in putting me on the one brick on another," etc. The Southerners stand. Have had no particular or extended came out on the portico, and one of them said conversation nothing more than a few gen-that if any one there wanted to ask the boy eral words with any of them about this case whether he wanted to go back, they had the or trial. Can't say that I ever told any one, privilege. I spoke first, and immediately two under any circumstances, what I was going to or three others. The boy replied that they had swear to. Can't say who asked defendant if the papers, and he s'posed he'd have to go. that was the buggy the nigger was going off in. Don't know as he said any thing else. The Don't think I saw the person speaking and did crowd around me then appeared to be very not recognize the voice. The language was thick, sir- very thick. Think it was the tallest substantially, "Is this the buggy he's going off man of the two Southerners that spoke to the in?" Defendant said, "It is," or "I suppose crowd; the same one that I had seen at Wack's it is." The buggy did n't stand in the middle that morning. Think there were some started of the square; it stood in front of the hotel to go and examine the papers, but can't say toward the North. Think it was not the same where they went to. Heard talk about papers buggy that defendant went down in. Don't and an examination that had been made, but know whose buggy it was. The man who went couldn't tell who went in or who came out. I off with defendant and the negro was not the mean the papers which were being made out man who went down (from Oberlin) with de- to arrest the Southerners. Don't know any fendant. Don't know but he was the owner thing about an examination of the papers beof the buggy. Don't know who he was. longing to the Southerners. Don't know that Think the buggy was a covered one. The any such examination was attempted or made. cover partly up and partly down. Heard it said that there could be no arrest without sending to Elyria. It was not a great while after they had been out on the portico before they brought him down. Can't tell how long. There was a great deal of excitement and noise and confusion; did n't take much note of time. Did n't hardly know it was night when it was night. There was a man Cross resumed. Saw Addison Wood go up hollered out of the attic window every once in on it to the portico. Mr. Wood and Mr. a while, telling the crowd to come up there and Marks put up the ladder. [Two administration not be such d[Two administration not be such dd cowards. Don't know whọ democrats.] Don't know Marks's first name. he was. Some of the crowd hollered back that Is the only Marks I know; he lives in Oberlin they would come up; others that they must and keeps a meat market. open the door and let him out. It was a very noisy. time; a great deal of excitement and confusion. Saw a ladder put up and taken down, and after a little there was another ladder put up. Some went up on the second ladder. Saw no one go in at the attic window. Was up on the porch and heard the cry that they had got him. Rushed at once into the hall to try to get a sight at him. Could only get one glimpse as he was going down the stairs. Next I saw of him he was in the buggy. Don't know whether there was or was not some one in the buggy before the nigger was put in. Saw defendant in the buggy with the nigger. Don't know whether any one else got in. Did n't see them drive off. Don't know which way they went or who drove. Have never seen John since. He was generally reputed to be a fugitive.

Direct resumed. Saw a ladder put up. Could not say where it reached to. It rested on the edge of the portico. Saw several persons on the ladder. Think one or two went up by the ladder to the portico. Think not much of any thing was done with the ladder. Saw no one go into the attic window from the ladder.

rate.

Norris Addison Wood, called. Resided in Oberlin last September. Was there on the 13th. The crowd began gathering about 1 or 2 o'clock. Large crowd. Don't know how many. Don't know that I saw defendant in the crowd. Was at Wellington that day. Started 2 or 3 o'clock. Marks and Wack went with me. Found a crowd there. There must have been 500 or 600. A large crowd at any Saw defendant there. Don't know that I saw him running around in the crowd or elsewhere. Think I saw him in the buggy in front of Wadsworth's tavern. Did see him. Think it was an hour or two after I arrived that I saw defendant in the buggy. Think that only one team from Oberlin got to Wellington before mine. Think I did n't see defendant before I saw him in the buggy. Saw him after ward out of the buggy going towards the house. Don't know what he was doing or saying. There was a great deal of excitement. Everybody was excited. Was excited myself. Don't know as defendant was any more excited than the rest of us. There were a good many guns. Don't know how many. Saw a colored man

Was there any thing said in the crowd about the Higher Law?

Don't know, unless that was what they meant to send to Elyria about. [Uproarious laughter, in which even the Court itself heartily joined.]

Cross-examined. First I heard of the excite