:

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.

W. W. BOYNTON, Prosecuting Attorney.

We command you that you take An[SEAL.] derson Jennings, Jacob K. Lowe, Samuel Davis, and Richard P. Mitchell, if they be found in your bailiwick, and them safely keep so that you have them before our COURT OF COMMON PLEAS at the Court House, in the Town of Elyria, in and for said County, on the 18th day of May, 1859, to answer an indictment for kidnapping John Price. Herein fail not, but of this writ and your service thereof make due return. Witness Roswell G. Horr, Clerk of our said Court, at Elyria, this 18th day of May, A. D. 1859.

We quote from the columns of the Leader without alteration:

TRUTH OF HISTORY VINDICATED.

Being full accounts of U. S. District Judge Willson's connection with the Kidnapping of a colored boy in the year 1841 —a copy of the Indictment found against Jackson, Lindenberger, and Willson, for Kidnapping - and a copy of the Requisition made by the Governor of New York on the Governor of Ohio for the Kidnappers!

[From the Akron Beacon.]

FUGITIVES FROM JUSTICE AND FUGITIVES FROM SERVICE. TIVES FROM SERVICE. At the term of the United States District Court, at Cleveland, as our readers know, some thirty-seven citizens of Lorain county, were indicted for rescuing, or aiding and abetting in the rescue of a man claimed as a fugitive slave at Wellington. It is 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 was published in the Cleveland papers, and fur

date.

ROSWELL G. HORR, Clerk.

The Journal entry of the Court is as fol- nished the subject of not a little comment. The

This cause came up for hearing, upon defendants' motion for a continuance, upon consideration of which the Court overruled said motion, and set the case down for trial at the present term on the 6th day of July next. And thereupon came the defendants and moved the Court to grant them a separate trial, on consideration of which the Court overruled said motion. It was farther ordered that said defendants be released from custody on entering into bail for their appearance with good and sufficient surety in the sum of eight hundred dollars each.

O. S. Wadsworth, Joseph L. Whiton, and Malachi Warren thereupon became surety in the sum of $3,200 for the appearance of the defendants for trial on the day named.

To Roswell G. Horr, Esq., Clerk of the Court, we are indebted for certified copies of all the proceedings in this case.

We have next the history of another kidnapping case, which is of interest in this particular connection. It was compiled from original documents, or certified copies, by the Editors of the Cleveland Leader, and, making

Leader, in connection with the proceedings, observed that "a tale could be unfolded touching an indictment in Erie county, New York, for violating the laws of that State, by aiding and abetting in kidnapping a colored man from Buffalo, for the purpose of returning him to slavery."

The facts referred to by the Leader, if fully narrated, tend to throw light upon some of the narrated, tend to throw light upon some of the "antecedents" and "proclivities" of certain persons who have been and are prominent before the public.

In 1841, Henry B. Payne and Hiram V. Willthe firm name of Payne & Willson. son were practising law in Cleveland, under J. W. Gray, now of the Cleveland Plaindealer, was a student of law in that office.

Henry Jackson, a mulatto, kept a barber shop in Cleveland. In the summer of that year, two fugitives from service, from Louisiana, we believe, were staying with Jackson, in his employ. They had confided their story and the name of the party from whom they escaped, to their employer, Jackson.

In consequence of some disagreement, they left Jackson and sought employment elsewhere; one of them, Alek, a likely mulatto, as a barber in Buffalo; the other as a cook on the steamer De Witt Clinton.

to the office of Payne & Willson, and disclosed Enraged at their leaving him, Jackson went their entire story, and, perhaps hoping to get a reward, procured a letter to be written to their 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 repealed.) It was then a cheap and convenient process of rendition.

In due time Mr. Vernon Lintenberger, of Louisiana, appeared in Cleveland with the evidences of title, and with authority to reclaim the fugitives. The public mind was somewhat sensitive at such transactions then, and it was desirable to secure the two in the same boat, and dispose of both cases at once. Linten berger found shrewd advisers. A warrant for the arrest of the boys was issued by Justice Hoadley, and placed in the hands of an officer, we believe, named Wait.

To get Alek from Buffalo to Cleveland required dexterous management. But Linten berger, the barber, Jackson, and the attorneys, were equal to the emergency. The two first named and H. V. Willson, Esq., went to Buffalo. Arriving there, Jackson went to persuade Alek to come back to Cleveland with him on the De Witt Clinton; assuring him that Mr. Hanks, the painter, was anxious to take him as an apprentice, and that if he would go at once he would secure this desirable situation, and that the opportunity was too good to be lost by delay.

Alek's objections were overcome, Jackson promising to pay his passage money, etc., and thus he was decoyed on board the De Witt Clinton, his fellow fugitive being a cook on the same boat, and the whole party returned. Arriving at Cleveland, Jackson in a friendly way conducted Alek up the street, where, by preconcert, the officer was waiting for him, and securing him, they proceeded to the boat and arrested the other. Thus they were captured together, which was an important point gained. They were placed in the jail for safe detention, and the jailer was directed so it was reported to allow no person access to them. The arrest was made about the third of September,

1841.

A requisition was made by the Governor of New York upon the Governor of Ohio for the surrender of these three "fugitives from justice," and about the 15th day of September an officer came up from Buffalo to receive them.

By some means- supposed to be by a friendly whisper from one of the Deputy-Sheriffs Lintenberger got wind of the proceedings, and disappeared. Jackson also vamosed. He afterwards located at Cincinnati, where he resided up to the time of his death, a year or two since. The proceedings as to Mr. Willson were dropped, the principal in the affair having escaped.

In a general jail breaking, Alek, who had been again put in jail, escaped without waiting for the hearing in habeas corpus. The otherif we mistake not was discharged on account of some informality or defect in the title papers or proceedings.

Nothing is known of their fortunes thereafter. Lintenberger is equally unknown to present fame.

H. V. Willson is now Judge of the United States District Court for the Northern District of Ohio.

Jackson, as already stated, is dead.

The tale is told fairly, though, perhaps, in some points imperfectly. We do not know that it demands any comment from us, further than to say that it shows that the "fugitive from justice" clause, like the " clause, like the "fugitive from service and labor" clause, has sometimes, through connivance, failed of complete execution.

From the Cincinnati Philanthropist, of Nov. 10th, 1841,
BASENESS.

Cleveland, Oct. 12, 1841. Dr. Bailey-As much interest has been excited in the case of the two colored persons, recently kidnapped in the State of New York, I now forward you a short account of this atrocious transaction, with the names of those concerned.

A habeas corpus was sued out on their behalf by Thomas Bolton, Esq., now President Judge 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 firm 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,
"that if a man should return to him one of his fu-
gitive slaves under this law, he should watch him,
while in his house, for fear he would rob him!"
The bail, who was on the boat, a pious and de-
voted member of the Baptist Church, says that
Payne there told him that he had got from Lin-
denberger $100, and that he had done with
the suit, thus violating the old adage, "honor
among
etc. Another colored man

"

who was on board the boat, said that Payne mistook him for Williams, and advised him to flee to Canada and forfeit his bail. Was not Judge Clay correct in his opinion?

The counsel for the prisoners then applied to the Court for permission to visit the jail, a privilege they claimed, but one that had been denied them. The Sheriff then arose and denied that permission had been refused them Messrs. Bolton, Welles, and John A. Foot then declared that they had severally applied for permission to enter, which was denied them.

A few nights after this, while "Liberty,” the turnkey, was entering the cells, a white prisoner seized him and endeavored to escape. In the confusion, one of the fugitives escaped, and is now a free man in Canada.

unnecessary to detail the black tissues of falsehood with which the yellow boy Williams, and another colored man were inveigled to this city. Upon landing, the yellow boy was directed to some distance, where he was seized by the jailer, whose christian name is "Liberty!" [Waite.] The victims were put into a carriage, and hurried to the house of Associate Judge Barber, who it was expected would order the boy into bondage. Fortunately, the Judge was absent. The county jail, built by the money of freemen, was now opened to secure these kidnapped victims of tyranny. On the 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. A demand in due form had in the mean time been made by the proper authorities in Buffalo, for the slave-hunters and their accomplice, Jackson. A writ of habeas corpus was issued by Judge Barber, and the warrant of the magistrate for the arrest of the defendants, declared to be deficient, contrary to the opinion of both Associates, who advised with him, one of whom is a gentleman of legal attainments. This cause was now abandoned by the counsel for the oppressed, for obvious reasons, and Williams gave bail in the sum of one thousand dollars for his appearance on the following Friday. The bail were three colored men. One was ample. It was thought best to release the boy in the evening, when lo! "Liberty" [Waite], the turnkey, refused to let him out without the order of the Sheriff, and the Sheriff demanded a special order from Judge Barber. The Clerk made out and gave an order for carrying out the decision of the Court, regarding the boy, but Payne, the lawyer, opposed it so violently, that he finally took it back. The Judge was 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 the city of Buffalo, in and for the said city, on 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 15th day of September, in the year of our had previously approved of the bail, as also had Lord one thousand eight hundred and forty-one, 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 have to undertake a journey of 400 miles and appear before a grand jury in Buffalo, and have his wrongs redressed, and his oppressors punished. On Monday morning, Williams's friends disdaining to have him liberated by a man whose conduct every candid lawyer in the community deemed infamous, obtained a writ of habeas corpus from Judge Whittlesey, and obtained his discharge on bail, when he and one of his bail started for Buffalo. It happened that Payne embarked in the same boat, and accompanied them to their place of destination. An incident occurred on the boat which fully illustrates the correctness of the opinion of Judge Clay, of Kentucky. The Judge is said to have

The cashiered officer of the army felt it to be his duty, as well as his interest, to help the wretched Jackson away. Ignorant and unable to read, this miserable dupe of a designing knave, frightened into a course of kidnapping, was obliged to flee to avoid the walls of the New York Penitentiary, a punishment richly merited by his employers and deceivers. Yours, etc.,

Attor-Lord

Copy of the Indictment.

KNOX.

peace in the said city, and also to hear and determine divers felonies, trespasses, and other misdemeanors in the said city perpetrated.

City of Buffalo,

SS.

The Jurors for the people of the State of New York, in and for the said city of Buffalo, in the County of Erie aforesaid, to wit: Harry Daw, Cornelius A. Waldren, Nelson B. Palmer, Charles S. Pierce, Samuel C. Smith, Velones Hodge, John Prince, Albert J. Stow, William Haws, Hamilton Rainey, Daniel F. Kimball, Henry Scun, John D. Bemy, Morris O. Barnes, Giles G. Thomas, and George W.

aforesaid, do further present that the said Henry Jackson afterwards, to wit, on the same day the year last aforesaid, with force and arms at the place last aforesaid, feloniously and without lawful authority, did deceive, inveigle, and induce the said Alexander Williams, then and there being, to go to the city of Cleveland, in the State of Ohio, with intent thereby to cause him, the said Alexander Williams, to be held to service against his will.

W. Rogers, District-Attorney, (A copy.)
Filed September 15, 1841.”

Copy of the Requisition.

William H. Seward, Governor of the State of
New York:

To His Excellency the Governor of the State of

[Seal.]

(Signed,)

Ohio:

It appears by the annexed papers duly authenticated according to the laws of our State, that Henry Jackson, Vernon H. Lindenberger and Hiram V Willson stand charged in this State with having without lawful authority inveigled and kidnapped a person with intent to cause such person to be sent out of this State and to the State of Louisiana, against his will, there to be held to service against his will, and it has been represented to me that they have fled from the justice of this State and have taken refuge within the State of Ohio.

And the Jurors aforesaid, upon their oath aforesaid, do further present that the said Vernon H. Lindenberger and Hiram V. Willson, before the said crime was committed in form last aforesaid, to-wit, on the same day and WM. H. SEWARD. year, at the place last aforesaid, did feloniously and maliciously incite, move, procure, aid, counsel, hire, and command the said Henry Jackson, the said crime in manner and form aforesaid, to do and commit; contrary to the form of the statute in such case made and provided, and against the peace of the people of the State of New York and their dignity. (Signed,) H. W. ROGERS, District-Attorney.

Erie county, SS. City of Buffalo, S

Now, therefore, pursuant to the provisions of the Constitution and Laws of the United States in such case made and provided, I do hereby require that the said Henry Jackson, Vernon H. Lindenberger, and Hiram V. Willson be I, Michenes Cadwallader, Clerk of the Re-apprehended and delivered to George B. corder's Court of the City of Buffalo, do certify that the foregoing is a true copy of an original indictment on file in my office, as Clerk of the said Court — and further, that I have compared said copy with said original, and find it to be a correct transcript of the same and of the whole thereof.

Gates and Joel W. Barton, who are hereby
duly authorized to receive them and convey
them to the State of New York, there to be
dealt with according to law.

In witness whereof, I have hereunto affixed
my name and the Privy Seal of the State, this
twenty-fifth day of September, in the year of our
Lord one thousand eight hundred and forty-one.
By the Governor.
(Signed,)
HENRY UNDERWOOD,
Private Secretary.
Endorsed: "Requisition of the Governor of
New York for Jackson, Lindenberger and
Willson." "Warrant issued to Sheriff of
Cuyahoga, October 5, 1841."

The same paper furnishes us other refreshing reminiscences : ——

Judge Willson a Candidate for Congress — What he said of the Fugitive Slave Act The EmHis pire Hall Meeting and Resolutions Connection Therewith-Why he had the Resolutions Published.

READ, PONDER, AND INWARDLY DIGEST!

The "Waechter am Erie," German Republican, replies to the Plain Dealer's statement that Judge WILLSON was not present when the resolutions read in Court by Mr. Spalding were passed, as follows:

"We will remind the principal editor of the Plain Dealer, that he, Mr. Gray, himself, with the present U. States Collector Parks, Colonel Mack, and Mr. Schuh introduced on the 4th day of October, 1852, to our office Mr. WILL