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trary to the form of the statute in such cases due acknowledgments, we avail ourselves of the made and provided, and against the peace and results of their labors. dignity of the State of Ohio.
We quote from the columns of the Leader W. W. BOYNTOX, Prosecuting Attorney.
without alteration : And hereupon a new warrant was issued : --
TRUTH OF HISTORY VINDICATED.
Being full accounts of U. S. District Judge WillLorain County,
son's connection with the Kidnapping of a To the Sheriff of said County of Lorain, colored boy in the year 1841 - a copy of the GREETING:
Indictment found against Jackson, LindenberWe command you that you take An- ger, and Willson, for Kidnapping --and a -[SEAL.] derson Jennings, Jacob K. Lowe, copy of the Requisition made by the Governor
Samuel Davis, and Richard P. Mitch- of New York on the Governor of Ohio for the ell, if they be found in your bailiwick, and Kidnappers ! them safely keep so that you have them before our COURT OF COMMON PLEAS at the Court
[From the Akron Deacon.] House, in the Town of Elyria, in and for said
FUGITIVES FROM JUSTICE AND FUGICounty, on the 18th day of May, 1859, to an- TIVES FROM SERVICE. At the term of the swer an indictment for kidnapping John Price. United States District Court, at Cleveland, as
Herein fail not, but of this writ and your our readers know, some thirty-seven citizens of service thereof make due return. Witness Lorain county, were indicted for rescuing, or Roswell G. Horr, Clerk of our said Court, at aiding and abetting in the rescue of a man Elyria, this 18th day of May, A. D. 1859. claimed as a fugitive slave at Wellington. It is ROSWELL G. HORR, Clerk. charged that one of the Grand Jury was the
person who through the agency of his son, en- which was indorsed in due form as hav- trapped the negro in question, decoying him ing been served and returned on the day of its under pretence of employing him to work. The
charge of Judge Willson to the Grand Jury date.
was published in the Cleveland papers, and furThe Journal entry of the Court is as fol- nished the subject of not a little comment. The lows:
Leader, in connection with the proceedings,
observed that "a tale could be unfolded touchThe State of Ohio,
ing an indictment in Erie county, New York, May 19, 1859.
for violating the laws of that State, by aiding Anderson Jennings.
and abetting in kidnapping a colored man This cause came up for hearing, upon
from Buffalo, for the purpose of returning him
defendants' motion for a continuance, upon con
to slavery.” sideration of which the Court overruled said narrated, tend to throw light upon some of the
The facts referred to by the Leader, if fully and set at
6 antecedents present term on the 6th day of July next.
and "proclivities” of certain And
thereupon came the defendants and moved persons who have been and are prominent bethe Court to grant them a separate trial, on
fore the public. consideration of which the Court overruled
In 1841, Henry B. Payne and Hiram V. Willsaid motion. It was farther ordered that said the firm name of Payne & Willson. J. W.
son were practising law in Cleveland, under defendants be released from custody on enter: Gray, now of the Cleveland Plaindealer, was a ing into bail for their appearance with good student of law in that office. and sufficient surety in the sum of eight hun
Henry Jackson, a mulatto, kept a barber shop dred dollars each.
in Cleveland. In the summer of that year, two 0. S. Wadsworth, Joseph L. Whiton, and fugitives from service, from Louisiana, we be
lieve, were staying with Jackson, in his employ. Malachi Warren thereupon became surety in They had confided their story and the name of the sum of $3,200 for the appearance of the the party from whom they escaped, to their emdefendants for trial on the day named.
ployer, Jackson. To Roswell G. Horr, Esq., Clerk of the
In consequence of some disagreement, they
left Jackson and sought employment elsewhere; Court, we are indebted for certified copies of one of them, Alek, a likely mulatto, as a barber all the proceedings in this case.
in Buffalo; the other as a cook on the steamer We have next the history of another kid- De Witt Clinton. napping case, which is of interest in this par- to the office of Payne & Willson, and disclosed
Enraged at their leaving him, Jackson went ticular connection. It was compiled from orig- their entire story, and, perhaps hoping to get a inal documents, or certified copies, by the reward, procured a letter to be written to their Editors of the Cleveland Leader, and, making owner or claimant in Louisiana.
The State fugitive law was then in force in errand. Mr. Rogers, of Buffalo, was then DisOhio:— “An Act in relation to fugitives from trict-Attorney. A bill of indictment was found service and labor”. passed by the Legislature of against Vernon Littenberger, Henry Jackson, 1838–9. (In the Prigg case it was afterwards and Hiram V. Willson, for kidnapping'or aiddecided that all such legislation by the States ing and assisting in the kidnapping of Alek. was unconstitutional, and this act was re- A requisition was made by the Governor of pealed.) It was then a cheap and convenient New York upon the Governor of Ohio for the process of rendition..
surrender of these three “fugitives from jusIn due time. Mr. Vernon Lintenberger, of tice," and about the 15th day of September an Louisiana, appeared in Cleveland with the evi- officer came up from Buffalo to receive them. dences of title, and with authority to reclaim By some means- supposed to be by a friendly the fugitives. The public mind was somewhat whisper. from one of the Deputy-Sheriffs sensitive at such transactions then, and it was Lintenberger got wind of the proceedings, and desirable to secure the two in the same boat, disappeared. Jackson also vamosed. He afand dispose of both cases at once. Linten- terwards located at Cincinnati, where he resided berger found shrewd advisers. A warrant for up to the time of his death, a year or two since. the arrest of the boys was issued by Justice The proceedings as to Mr. Willson were dropHoadley, and placed in the hands of an officer, ped, the principal in the affair having escaped. we believe, named Wait.
In a general jail breaking, Alek, who had To get Alek from Buffalo to Cleveland re- heen again put in jail
, escaped without waiting quired dexterous management. But Linten- for the hearing in habeas corpus. The other berger, the barber, Jackson, and the attorneys, if we mistake not was discharged on account were equal to the emergency. The two first of some informality or defect in the title papers named and H. V. Willson, Esq., went to or proceedings. Buffalo. Arriving there, Jackson went to per- Nothing is known of their fortunes thereafter. suade Alek to come back to Cleveland with Lintenberger is equally unknown to present him on the De Witt Clinton; assuring him fame. that Mr. Hanks, the painter, was anxious to H. V. Willson is now. Judge of the United take him as an apprentice, and that if he would States District Court. for the Northern District go at once he would secure this desirable situa- of Ohio. tion, and that the opportunity was too good to Jackson, as already stated, is dead. be lost by delay
The tale is told 'fairly, though, perhaps, in Alek's objections were overcome, Jackson some points imperfectly. We do not know that promising to pay his passage money, etc., and it demands any comment from us, further than thus he was decoyed on board the De Witt to say that it shows that the “ fugitive from jusClinton, his fellow fugitive being a cook on the tice” clause, like the “
clause, like the “ fugitive from service same boat, and the whole party returned. Ar- and labor" clause, has sometimes, through conriving at Cleveland, Jackson in a friendly way niyance, failed of complete execution. conducted Alek up: the street, where, by preconcert, the officer was waiting for him, and securing him, they proceeded to the boat and From the Cincinnati Philanthropist, of Nov. 10th, 1841. arrested the other. Thus they were captured together, which was an important point gained. They were placed in the jail for safe detention,
Cleveland, Oct. 12, 1841. and the jailer was directed --soit was reported Dr. Bailey :- As much interest has been
to allow no person access to them. The excited in the case of the two colored persons, arrest was made about the third of September, recently kidnapped in the State of New York,
I now forward you a short account of this atroA habeas corpus was sued out on their behalf cious transaction, with the names of those conby Thomas Bolton, Esq., now. President Judge cerned. of the Common Pleas, who being then prosecu- In August, a fellow by the name of Lindentor of the County, had no difficulty in gaining berger, from Louisiana, an expelled officer from access to the prisoners. The habeas corpus was the United States army, and a regular slavereturnable before Judges Josiah Barber and hunter, came to this city. He called on one Fred. Whittlesey. For some reason, we do Jackson, a mulatto barber, and presented him not recollect precisely what, the hearing upon with two dollars, thereby obtaining his confithe habeas corpus was postponed, and the boys dence, and from him learned that he, Jackson, held in $1,000 each. One of them, Alek; was had employed a yellow boy by the name of bailed out temporarily by John Brown, a well- Williams, then living in Buffalo, and also that known barber in Cleveland, for the purpose, the barber had assisted fugitives on the way to we think, of enabling him to go to Buffalo, to the land of liberty. The hunter now sought make complaint before the Grand Jury of Erie for and found suitable persons to aid him in his County, New York, against his abductors. vile project, in the firin, of Payne & Willson; Two gentlemen, whose names it is needless to (H. B. Payne and H. V. Willson, technically give, went also to Buffalo upon the same known by the name of “Fogg & Dodson.”) ..
It is | declared when he read the black law.of Ohio, unnecessary to detail the black tissues of false that if a man should return to him one of his fuhood with which the yellow boy Williams, and gitive slaves under this law, he should watch him, another colored man were inveigled to this while in his house, for fear he would rob. him !" city. Upon landing, the yellow boy was di- The bail
, who was on the boat, a pious and derected to some distance, where he was seized voted member of the Baptist Church, says that by the jailer, whose christian name is Lib- Payne there told him that he had got from Linerty !” (Waite.] The victims were put into a denberger $100, and that he had done with carriage, and hurried to the house of Associate the suit, thus violating the old adage, “ honor Judge Barber, who it was expected would order among
Another colored man the boy into bondage. Fortunately, the Judge who was on board the boat, said that Payne was absent. The county jail, built by the mistook him for Williams, and advised him to money of freemen, was now opened to secure flee to Canada and forfeit his bail. Was not these kidnapped victims of tyranny. On the Judge Clay correct in his opinion ? following day they were brought before Judge On the appointed day the parties again apBarber, when the Court adjourned for a fort- peared in Court, and by their counsel prayed night. Messrs. Bolton, Foote, Stetson, Wade, for an adjournment for one month, which was and Welles appeared for the defence. Payne & granted. Willson, and Horace Foote for the kidnappers. The counsel for the prisoners then applied
A demand in due form had in the mean time to the Court for permission to visit the jail, a been made by the proper authorities in Buffalo, privilege they claimed, but one that had been for the slave-hunters and their accomplice, denied them. The Sheriff then arose and deJackson. A writ of habeas corpus was issued nied that permission had been refused them by Judge Barber, and the warrant of the Messrs. Bolton, Welles, and John A. Foot then magistrate for the arrest of the defendants, de- declared that they had severally applied for clared to be deficient, contrary to the opinion permission to enter, which was denied them. of both Associates, who advised with him, one A few nights after this, while " Liberty,” the of whom is a gentleman of legal attainments. turnkey, was entering the cells, a white prisoner
cause was now abandoned by the counsel seized him and endeavored to escape. In the for the oppressed, for obvious reasons, and Wil- confusion, one of the fugitives escaped, and is liams gave bail in the sum of one thousand dol- now a free man in Canada. lars for his appearance on the following Friday, The cashiered officer of the army felt it to be The bail were three colored men. One was his duty, as well as his interest, to help the ample. It was thought best to release the boy wretched Jackson away. Ignorant and unable in the evening, when lo ! " Liberty” [Waitej, to read, this miserable dupe of a designing the turnkey, refused to let him out without the knave, frightened into a course of kidnapping, order of the Sheriff, and the Sheriff demanded was obliged to flee to avoid the walls of the a special order from Judge Barber. The Clerk New York Penitentiary, a punishment richly made out and gave an order for carrying out merited by his employers and deceivers. the decision of the Court, regarding the boy,
Yours, etc., Kyox. but Payne, the lawyer, opposed it so violently, that he finally took it back. The Judge was
Copy of the Indictment. then called in, when he said that since he had
At the term of the Recorder's Court of the accepted the bail, he had learned that they were colored persons, but that he would attend to it City of Buffalo, holden at the Court House in on Monday morning at 9 o'clock; although he the city of Buffalo, in and for the said city, on had previously approved of the bail, as also had Lord one thousand eight hundred and forty-one,
the 15th day of September, in the year of our Judge Whittlesey, and the Prosecuting Attor- before the Honorable Horatio J. Stow, Recorney for the county. By this measure two days der of the City of Buffalo, assigned to keep the out of six were lost, which the boy expected to appear before a grand jury in Buffalo, and misdemeanors in the said city perpetrated.
termine divers felonies, trespasses, and other have his wrongs redressed, and his oppressors punished. On Monday morning, Williams's friends disdaining to have him liberated by a
County of Erie, man whose conduct every candid lawyer in the City of Buffalo, community deemed infamous, obtained a writ The Jurors for the people of the State of of habeas corpus from Judge Whittlesey, and New York, in and for the said city of Buffalo, obtained his discharge on bail
, when lie and in the County of Erie aforesaid, to wit: Harry one of his bail started for Buffalo. It happened Daw, Cornelius A. Waldren, Nelson B. Palthat Payne embarked in the same boat, and mer, Charles S. Pierce, Samuel C. Smith, Veaccompanied them to their place of destination. lonés Hodge, John Prince, Albert_J. Stow, An incident occurred on the boat which fully William Haws, Hamilton Rainey, Daniel F. illustrates the correctness of the opinion.of Judge Kimball
, Henry Scun, John D. Bemy, Morris Clay, of Kentucky. The Judge is said to have 0. Barnes, Giles G. Thomas, and George W.
Valentine, then and there being empanelled, ( the said Jarvis F. Hanks, and learn to paint sworn, and charged to inquire for the People portraits, by means whereof, the said Alexanof the State of New York, and for the City of der Williams was induced to and did go to the Buffalo, in the County of Erie, upon their oath said city of Cleveland, to wit, on the same day present, that Henry Jackson, Vernon H. Lin- and year aforesaid, whereas in truth and in fact, denberger, and Hiram V. Willson, late of the the said Jarvis F. Hanks did never at any city aforesaid, heretofore, to wit, on the first say to the said Henry Jackson, or to any other day of September, in the year of our Lord one person, that he wanted, nor did he want, the thousand eight hundred and forty-one; with said Alexander Williams to go to the said city force and arms at the place in the county afore- of Cleveland and live with him, the said Jarvis said, feloniously and without lawful authority, F. Hanks, and learn to paint portraits, all did inveigle one Alexander Williams, then and which was then and there well known to the there, being with intent to cause him, the said said Alexander Williams; and so the jurors Alexander Williams, to be sent out of the State aforesaid, upon their oath aforesaid, do say that of New York, against his will, contrary to the the said Henry Jackson feloniously and withform of the statute in such case made and pro- out lawful authority, and by the deceptive vided, and against the peace of the people of means aforesaid, him the said Alexander Wilthe State of New York and their dignity. liams did then and there inveigle and induce to
And the Jurors aforesaid, upon their oath go to the said city of Cleveland with intent to aforesaid, do farther present that the said Hen- cause him, the said Alexander Williams, to be ry Jackson, Vernon H. Lindenberger and Hi- sent out of the State of New York, to wit, to ram V. Willson, afterwards, to wit, on the same the State of Louisiana aforesaid, against his will, day and year aforesaid, with force and arms at and to be held to service against his will, conthe city and in the county aforesaid, feloniously trary to the statute in such case, made and proand without lawful authority did inveigle one vided; and the jurors aforesaid, upon their oath Alexander Williams, then and there, being aforesaid, do further present that the said Verwith intent to cause him, the said Alexander non H. Lindenberger, and Hiram V. Willson, Williams, to be held to service against his will, before the offence and felony was committed in contrary to the power of the statute in such form aforesaid, by the said Henry Jackson, tocases made and provided, and against the peace wit: on the thirtieth day of August, in the of the people of the State of New York and year aforesaid, at the city of Buffalo, in the their dignity.
county aforesaid, did feloniously and without And the Jurors aforesaid, upon their oath lawful authority incite, move, procure, aid, aforesaid, do farther present that the said Hen- counsel, hire, and command the said Henry ry Jackson, Vernon H. Lindenberger and Hi- Jackson, the said offence and felony in manner, ram V. Willson, afterwards, to wit, on the same deed, form aforesaid, to do and commit, conday and year aforesaid, at the city and in the trary to the form of the statute in such case county aforesaid, with force and arms, felonious- made and provided, and against the peace of ly, and without lawful authority, did inveigle the people of the State of New York and their one Alexander Williams, then and there, being dignity. with intent to cause him, the said Alexander And the Jurors aforesaid, upon their oath Williams, to be sent out of the State of New aforesaid, do further present that the said Henry York aforesaid, to the State of Louisiana, and Jackson aforesaid, to wit, on the first day of to be there held to service against his will, con- September, in the year aforesaid, with force and trary to the form of the statute in such case arms, at the city of Buffalo, in the county of made and provided, and against the peace of Erie aforesaid, feloniously and without lawful the people of New York, and their dignity. authority, did 'wheedle, inveigle, and deceive
And the jurors aforesaid, upon their oath one Alexander Williams, then and there being, aforesaid, do further present that the said Hen- with intent to cause him, the said Alexander ry Jackson, afterwards, to wit, on the same day' Williams, to be sent out of the said State of and year aforesaid, with force and arms at the New York against his will; and the Jurors city and in the county aforesaid, feloniously and aforesaid, upon their oath aforesaid, do further without lawful authority, and with a view to present, that the said Vernon H. Lindenburger wheedle, deceive, and inveigle one Alexander and Hiram V. Willson, before the said crime Williams, then and there being, and with intent, was committed in form last aforesaid, to-wit, on the said Alexander Williams to be sent out of the same day and year last aforesaid, at the city the State of New York, to wit; to the State of of Buffalo aforesaid, did feloniously and maLouisiana, against his will, to be held to service liciously incite, move, procure, aid, counsel, hire, against his will, then and there did deceitfully and command the said Henry Jackson, the said pretend to the said Alexander Williams that crime in manner and form last aforesaid, to do one Jarvis F. Hanks, a Portrait Painter at the and commit, contrary to the form of the statute city of Cleveland, in the State of Ohio, had in such case made and provided, and against said to him, the said Henry Jackson, that he the peace of the people of the State of New wanted the said Alexander Williams to go to York and their dignity. the said city of Cleveland and live with him, And the Jurors aforesaid, upon their oath
aforesaid, do further present that the said Henry W. Rogers, District Attorney, (A copy.) Jackson afterwards, to wit, on the same day Filed September 15, 1841." the year last aforesaid, with force and arms at the place last aforesaid, feloniously and without
Copy of the Requisition. lawful authority, did deceive, inveigle, and in-William H. Seward, Governor of the State of duce the said Alexander Williams, then and New York: there being, to go to the city of Cleveland, in To His Excellency the Governor of the State of the State of Ohio, with intent thereby to cause
Ohio: him, the said Alexander Williams, to be held It appears by the annexed papers duly auto service against his will.
thenticated according to the And the Jurors aforesaid, upon their oath [Seal.] laws of our State, that Henry aforesaid, do further present that the said Ver
Jackson, Vernon H. Lindennon H. Lindenberger and Hiram V. Willson,
berger and Hiram V Willson before the said crime was committed in form
(Signed,) stand charged in this State last aforesaid, to-wit, on the same day and WM. H. SEWARD. with having without lawful year, at the place last aforesaid, did feloniously
authority inveigled and kidand 'maliciously incite, move, procure, aid,
napped a person with intent counsel, hire, and command the said Henry to cause such person to be sent out of this State Jackson, the said crime in manner and form and to the State of Louisiana, against his will, aforesaid, to do and commit; contrary to the there to be held to service against his will, and form of the statute in such case made and pro- it has been represented to me that they have vided, and against the peace of the people of fled from the justice of this State and have taken the State of New York and their dignity. refuge within the State of Ohio. (Signed,) H. W. ROGERS,
Now, therefore, pursuant to the provisions of District-Attorney. the Constitution and Laws of the United States
in such case made and provided, I do hereby City of Buffalo,
require that the said Henry Jackson, Vernon
H. Lindenberger, and Hiram V. Willson be 1, Michenes Cadwallader, Clerk of the Re- apprehended and delivered to George B. corder's Court of the City of Buffalo, do certify Gates and Joel W. Barton, who are hereby that the foregoing is a true copy of an original duly authorized to receive them and convey indictment on file in my office, as Clerk of the them to the State of New York, there to be said Court -- and further, that I have compared dealt with according to law. said copy with said original, and find it to be a In witness whereof, I have hereunto affixed correct transcript of the same and of the whole my name and the Privy Seal of the State, this thereof.
twenty-fifth day of September, in the year of our In witness whereof, I have hereunto Lord one thousand eight hundred and forty-one.
subscribed my name, and affixed the By the Governor. [Seal.] seal of the said Court the fifteenth
(Signed, HENRY UNDERWOOD, day of September, A. D. 1841.
Private Secretary. (Signed)
Endorsed: " Requisition of the Governor of M. CADWALLALER, Clerk. New York for Jackson, Lindenberger and
Willson.” “ Warrant issued to Sheriff of County of Erie,
Cuyahoga, October 5, 1841.”
The same paper furnishes us other refreshing county, being sworn says.
that Henry Jackson, reminiscences : Vernon H. Lindenberger, and Hiram V. Willson are now in the State of Ohio, as this depo- Judge Willson a Candidate for Congress - What nent is informed and verily believes — and that he said of the Fugitive Slave Act - The Emthey are the identical persons named as defend
pire Hall Meeting and Resolutions
His ants in an indictment of which the within and
Connection Therewith — Why he had the Resforegoing is a copy.
olutions Published. Subscribed and sworn this
READ, PONDER, AND INWARDLY DIGEST !! 15th day of September,
The “Waechter am Erie, German Republi(Signed,)
can, replies to the Plain Dealer's statement that M. CADWALLADER,
H. W. Rogers. Judge Willson was not present when the resoClerk of the Recorder's
lutions read in Court by Mr. Spalding were Court of the City of Buf
passed, as follows: falo.
We will remind the principal editor of the
Plain Dealer, that he, Mr. Gray, himself, with Endorsed: “The People v. Henry Jackson, the present Ú. States Collector Parks, Colonel
Vernon Lindenberger, and Hiram V. Willson, Mack, and Mr. Schuh introduced on the 4th indictment-inveigling and kidnapping. H. day of October, 1852, to our office Mr. WILL
A. D. 1841.