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power of attorney, was in this Court House. ing, of any other paper. I looked over PatSaw nothing that was on the paper. Thought ton's shoulder while he read. The paper purI made out the word " Columbus, in large type. ported to be a warrant issued and signed by a Could not tell whether the paper was written U. S. Commissioner. There was no seal upon or printed. As I was passing up I heard some it. Was a law student at that time, and have one say there was no seal on their papers, so been since. On this account examined the I looked especially for that, and found nothing paper with special interest. Heard nothing like a seal.Was not with this man more than said by any one at any time about the existence a minute and a half, or so. No other conversa- of any other paper. Particularly asked some tion passed, except that I said to him, as I start- persons passing in and out of the room if they ed to go down, that I thought the crowd did knew of any other papers, and was answered not know there was any marshal. The name in the negative. Heard only one opinion in of the gentleman who took me out was not the crowd, and that was that the arrest was utmentioned in my hearing, or his official charac- terly illegal absolute kidnapping.
Knew ter. Nothing was said about any other person Jolin well. He was not to exceed five feet five having any thing to do with the custody or own- inches, at the utmost. This is my own height, ership of the boy, except the gentleman with and I feel sure he was no higher, and probably whon I spoke.
not so high us myself. Am confident of this. Cross-examined. Heard no statement that know Seth W. Bartholomew. · Have known there were papers until
, as I was passing up, liim for ten years intimately. His reputation just before entering the room, some one said for truth and veracity is not as good as that of the papers were good for nothing, having no men in general. If he had any prejudices or seal. Heard nothing of a marshal, till Sciples personal interests in a suit, I should very much came to say to me that the marshal wanted to dislike to believe him under oath. see me. Don't know who it was came to get the Recess till 2 o'clock. warrant for the arrest of kidnappers. Kept mainly on the outskirts of the crowd. Heard
SIXTH DAY. - 2, P. M. something about a quarrel, a colored man hav- Lysander S. Butler, cross-examined. Have ing snapped a gun at a white man, or some such been reading law with the firm of Plumb & matter; don't know what the quarrel was. Plumb for a year or two past. First knew Sciples, in presenting me to the gentleman in John something more than a year ago. the room, barely mentioned my name, saying Have you ever heard that John was a fuginothing else. Did not know, therefore, the tive ? man who took me aside, but supposed him to be Objected to the marshal, and his paper to be a warrant. Objection sustained. But this was all supposition.
For what purpose did you go to Wellington ? By what sort of a claim did you understand Objected to as improper on cross-examinahim to hold the negro ?
tion, no such topic having been introduced on [Counsel for defence submitted that the wit- the examination-in-chief. ness's understanding was not competent evi- Objection overruled. dence.
I heard that a man had been kidnapped, and The Court ruled that it was.]
taken toward Wellington. By kidnapping, I I understood it, or supposed it to be a legal mean a seizure contrary to the laws of the claim. Asked Esq. Bennett if he had read United States. All that I heard was the simthe papers, referring to the one paper shown ple statement that a man had been kidnapped.
He said he had, and guessed they were When did you first hear that day that John all riglıt. Mentioned to some persons that I was a fugitive ? had seen a paper, but took no pains to spread Objected to as travelling beyond the limits this information in the crowd, having so bad a of cross-examination. cold as to be unable to speak loud at all. Said The Prosecution stated that it intended to nothing to the crowd.
use this witness to show the knowledge and Direct resumed. In speaking with Esquire opinion of the crowd. Bennett about the paper, I think I said, “the Argued. marshal's paper," having reference only to the Objection overruled. Exception taken. warrant. Bennett said nothing to me of any Q. When was it that you first learned or other paper. Do not know that the crowd, as was informed that John was a fugitive slave ? a whole, knew of any paper. The general cry A. I do not know; cannot remeinber at of the crowd was that it was out and out kid- what time, and under what circumstances I napping, there being no papers at all. first heard this. It is my impression, that it
Lysander S. Butler, called. Reside at Ober- was not generally understood at Oberlin, that lin ; was at Wellington on the day of the Res- John was a fugitive slave. I went to Welling
Was not in the room where John had ton in the regular stage plying between Oberbeen, while John was there. Was next to lin and Wellington. Think there was not more Lowe and Patton during the reading of the than one person beside myself, and the usual warrant. There was nothing said, in my hear- passengers on board.
When were you in the room with the negro ( have resided there fifteen or sixteen years. John ?
Knew John by sight. Knew him pretty well. I was not in the room.
He was a black, a very black negro." About But you testified on the examination-in-chief five feet seven or eight inches high. Might that you were in that room.
weigh 130 or 140. Rather short and stout No, sir, I must have been misunderstood. built. Know Seth W. Bartholomew. Have
[The learned associate of the District-Attor- the means of knowing his general reputation ney gave the witness such a “talking to for truth and veracity. It is not as good as brought the counsel for the defence to their that of men in general. Should not want to feet to ask if witnesses had any rights in this believe him under oath. court. In making this inquiry, they were so
Cross-examination. Have known Bartholoseriously interrupted, that the Court was obliged mew ever since I have been a resident there. to command silence. This was a lamentable dis reputation has always been bad. Have departure from the dignity and courtesy which heard the largest part of the inhabitants of hal heretofore characterized the bearing of the Oberlin speak distrustingly of him. Among prosecution. · The Court promptly enforced them Elliott, Pelton, Lowe, Beecher, Cox, and order.]
Brokaw. Some nine or ten years ago he was I said to some individuals that I thought the indicted for stealing money. He has been an warrant was good for nothing. Said so, be- apprentice of mine. These men named have cause I supposed a seal to the warrant was nec- spoken of him to me repeatedly as a thief and essary.
a liar. Did you not know that he was a canDid you not say to the crowd that you didate for constable at the late village election thought the papers were all right, and the in Oberlin ? only legal relief was by a writ of habeas cor- No, sir; never heard of it. But did hear
that he got two votes for that office. [Laughter.] Objected to as new matter.
He stole ten dollars in money, and was tried Argued.
before a Justice. Court first sustained, and then overruled the Breuster Pelton, sworn. Know Seth W. objection.
Bartholomew. Know his general reputation, I have no recollection of ever making any That it is not as good for truth and veracity as such remark as my own opinion, but do remem- that of men in general. Have known his repuber quoting a remark like the one incorporated tation for truth and veracity to be thus had in the question. I quoted it to some one sitting from 1850 to the present time. in a buggy near the buggy in which I was then Davidl Brokaw, sworn. Have resided in sitting. Am positive John was not over five Oberlin seventeen years. Have been Mayor feet five inches. Think he was about five feet of the village. Known Bartholomew during four inches. Have had no conversation with these seventeen years. Would not believe any individuals concerning John's height since him under oath, if he were interested or prejuthis case commenced, farther than barely re- diced. Do not know the boy John. marking on reading the testimony of witnesses Clark Elliott, sworn. Do not know John. who thought him five feet eight or ten, that Have known Bartholomew thirteen years. they had set him up pretty well
Would not believe him under oath, if likely to J. J. Cox, sworn. Reside in Oberlin. Have be interested or prejudiced. resided there twenty years.
Remember the A. N. Beecher, sworn. Resided in Oberlin occurrences of Sept. 13th. Was not at Wel-twelve years. Am Mayor of the village. Know lington on that day. Knew John well. Am Bartholomew. It would depend entirely on builder by occupation. John's height was up circumstances whether I should believe him to my ear, five feet four or five inches. Have | under oath. worked and scuffled with him an hundred times Dr. H. A. Bunce, sworn. Resided in Oberlin
Am pretty sure he would not in five years. Known Bartholomew five years. health weigh more than one hundred and forty His reputation for truth and veracity is not as pounds. Know Seth W. Bartholomew. Have good as that of men in general. known him from his cradle. Lived many years
Di. H. Johnson, sworn. Am a physician. in the , house with him. ; His reputation for Have resided in Oberlin thirteen and a half truth and veracity from his boyhood up, among years. Remember the incidents of September the large majority of the people of Oberlin, 13th last. Knew nothing of the crowil until has been bad.
after the return from Wellington. About 3 in Cross-examined. If in a suit he had any the afternoon was going in the outskirts of the prejudices or interests at stake, I should not village to visit a patient, when a man met me believe him under oath. His reputation has going toward the centre of the village, and said always been bad. Could hardly find a man that a negro had just been kidnapped. who would not agree that he was notoriously What was the state of the public mind at untruthful. John was very black, so black he this time with reference to the apprehended shone.
arrest or seizure of negroes ? Philo Weed, sworn.
Reside in Oberlin; Objected to as irrelevant.
Objection sustained. [The Court had pre- Such an answer objected to. viously repeatedly ruled in precisely this char- Question repeated. acter of testimony.]
Same answer. 0. S. B. Wall affirmed. [Though a colored The COURT asked the witness if he under man, Judge WILLSON, forgetful of the Dred stood the English language. Scott decision, decided him to be a perfectly Question repeated. competent witness.]
I have. Would believe him under oath as Am resident of Oberlin. Have been since soon as men in general. '53. Native of North Carolina. My father W. B. Worden, recalled. Have lived in was a very extensive slaveholder. Knew the Oberlin five or six years. Know Seth W. colors by which people of color were classified. Bartholomew. Have no reason to distrust his There were black, blacker, blackest. [Laugh- word under oath. ter.] Then copper color, which is about the E. A. Munson, called. Am son of the prescolor of hemlock tanned sole leather. [Laugh- ent Postmaster at Oberlin. Reside in Cleveter.] Then there are dark, lighter, and light land. Have done so for the past five years. mulatto., Knew John very well. He was a. Previous to that, resided seven years in Oberdecidedly black negro. Not over five feet and lin. Knew Bartholomew intimately, as a half, and probably not over five feet four or schoolmate. As a boy, he was rather wild, but five inches. His weight on the 13th of Septem- since coming to years of discretion, have underber last could not have been over 125 or 130. stood his reputation to be as good as that of Defence rested.
men in general. Would as soon believe him
under oath as men in general. Knew that Defence asked leave to make three argu- when he was thirteen or fourteen years old he ments. The Court refused.
was accused of stealing some change and At the request of the prosecution, the Court something else, don't remember distinctly what adjourned till the next morning at 9 o'clock. it was. Never heard of his being under arrest.
Heard that he paid back the money, and so SEVENTH DAY.-9, A. M.
the matter was settled. The prosecution resumed the examination Cross-examined. He was at work about Mr. of witnesses. Witnesses sworn.
Pelton's store, where I was employed at this Norris A. Wood, recalled. Have lived in time. This was about twelve years ago, after Oberlin three or four years. Know Seth W. we had done going to school together. [WitBartholomew somewhat. Have had a good ness was evidently confused in dates, since it was deal of deal with him since I have been there. but twelve years since he first came to Oberlin.] Have taken his reputation for truth and veracity E. P. Dodge, sworn. Live in this city. Leff to be good. Would believe him under oath. Oberlin two years ago. Was brought up there. Was at Wellington. Know L. S. Buller. Saw Know Bartholomew. We grew up together him at Wellington. Heard him say something as playmates. Should think his reputation for about the papers. He came to me and I asked truth and veracity was as good as that of men him what they was a going to do, and he said in general. Would believe him under oath as they could n't do any thing there. He said the readily as men in general. papers was right; they'd got to go to Elyria Charles T. Marks, recalled. Lived in Oberand get a writ of habeas corpus to take John lin about two years. Keep meat market there. away from them. He wanted to get a horse Known Bartholomew for two
well. Never and buggy of me, and I told him I had n't got heard but that his reputation for truth and any there. I come with Mr. Marks. He turned veracity was as good as that of men in general. right about and went to Mr. Marks, who was Would believe him under oath as readily as standing about ten foot from me. This was men in general. about half an hour or more before the Rescue. Richard P. Mitchell, recalled. Something
Cross-examined. I put up a ladder to go up was said between Dickson and myself about the by and see the fun. Expected there would be seal to the power of attorney. Do not know shooting up there, and wanted to see it. This whether he saw the warrant or not. The was but a very few minutes before John was power of attorney was shown him, and he taken out. Should not think it was more than remarked that it had no seal, but he was not five minutes. This was about three quarters of well enough acquainted with such papers an hour after my conversation with Butler. [laughter] to know whether a seal was necesWill swear positively to this.
sary, and I said that our laws did not require M. P. Gaston, called. Resided in Oberlin a seal. Jennings was standing close by. twelve years. Have known Seth W. Barthol- Anderson Jennings, recalled. [This witness omew ever since I moved into the place. Have corroborated the statements of the last.] lived right across the road from his father's for Another list of witnesses sworn. four or five years.
B. L. Pierce, called. Lived in Oberlin last Have you the means of kņowing what his twenty years. Known Bartholomew from his reputation for truth and veracity is ?
boyhood. Have not known him intimately, Never heard aught against him.
personally. Have known him as a citizen of sixteen years.
the place. Have not the means of knowing his He commented upon the crowd in attendance reputation so well as some. Could not say upon the Court, as proof of the interest the that his reputation for truth and veracity was case has with the public, being novel as the as good as that of young men in general. first attempt to enforce the Fugitive Slave Law;
Harvey Dodge, called. Have lived in Ober- this case excites interest because some wish to lin last twenty-four years. Known Bartholo- know if the Federal laws can be executed, mew from his cradle intimately. Never heard and some desire to be permitted to pursue their his reputation for truth and veracity questioned rebellion against the laws of the country. Some until now.
people seem to suppose the States have the William E. Kellogg, called. Lived in Oberlin right to legislate on and repudiate the law of last ten years. Know Bartholomew tolerably Congress in regard to reclamation of Fugitive well. : About as well as most men. Don't Slaves; some States have passed laws in conthink his reputation for truth and veracity is flict with Federal laws on this subject; Ohio quite as good as that of men in general. has laws subject to this objection, being in conWould believe him under oath.
flict with the Federal power, which is supreme George Dewey, called. Lived in Oberlin over all the States. four years. Known Bartholomew thus long. Ohio has no right to legislate upon the subHis reputation for truth and veracity is as good ject of fugitives from labor. as that of men in general.
Counsel quoted the clause in the Constitution E. F. Munson, called. Lived in Oberlin under which fugitives are recaptured; that
Know Bartholomew. Never clause of the Constitution underlies the Federal knew his character for truth and veracity to Union ; and impugned by any one is ipso facto be called in question. Quite a number of a dissolution of the Union. Under that clause, years ago while he was an apprentice to the independent of any law, the ownership of any tinning business, he was charged with stealing. slave escaping to Ohio, remained in the owner'; Never heard a similar charge since that. [Is it follows of necessity, that the master has a Postmaster at Oberlin).
right to follow and recapture liis slave in Ohio. John S. Dodge, called. Lived at Oberlin This question was settled years ago, in the case twenty-three years. Bartholomew and I of Prigg, of Pennsylvania. By that case it is grew up together. His reputation for truth the duty of Congress to carry out that clause; and veracity is and has been as good as that and counsel cannot imagine how any lawyer or of men in general.
statesman could hold that the State has any Chauncey Wack, recalled. Have lived in thing to do with it. Oberlin eighteen years. Know Bartholomew The Counsel then came to the facts in this as well as I know any man in Oberlin. Would case: Was John the slave of Bacon in Kenunhesitatingly believe him under oath. Am tucky, at the time he escaped in 1856 ? On landlord of the Russia House.
that question Bacon swears he was his slave,
and knew John's mother, and the maternity esProsecution closed its testimony.
tablishes the status as a slave or free man; Defence closed its testimony.
Jennings testifies that he knew John to be BaThe Court gave the case to the Jury.
con's slave, for a period of time; saw John in
Oberlin, Sept. 13, 1858, and captured him. At the request of the prosecution, the Court Mitchell also knew John as a slave of Bacon, and adjourned at half past ten, till two o'clock in knew his mother to be a slave. This evidence the afternoon.
is not contradicted, and it is all the law requires
the issue, so far, is established. The next [For the reports of the arguments of the
fact to be considered, is John's escape, and that counsel for the Government in this case, we is proved by his being found in the common reare indebted to the Cleveland Evening Herald. sort of fugitive slaves, to wit, in Oberlin; but Taking them as there published, we assume no a question of identity is endeavored to be made. responsibility for their accuracy. We believe Counsel read the description of John, as in the them, however, to be faithful so far as they go.] about five feet six or eight inches high, heavy set,
power of attorney: about twenty years old, SEVENTH DAY. — AFTERNOON SESSION.
copper colored, weight one hundred and forty
or one hundred and fifty pounds. The height and Court opened at 2 o'clock.
color are disputed by defence; they introduce [The Marshal reserved the seats upon the three witnesses, who say John's height is less east side of the Court Room for ladies, and they than five feet five or eight inches high. One were speedily filled. The Judge's rooms, ad- says he is five feet four inches, and two others joining the Court Room, were also occupied by say he was five feet four inches; but might be gentlemen and ladies. Every available spot five feet five inches; another says John was was occupied by spectators, and nothing save about five feet eight inches. The evidence the admirable ventilation and the lofty ceiling, does not show that John's height was misrendered the air of the room tolerable.] described in the power of attorney; one wit
Judge Bliss opened for the Government. ness says he was in the habit of embracing this
negro, or of playing with him, and their bodies slave. The Marshal freely, exhibited that warwere often brought in contact, and he says rant, showing almost an undue anxiety to imJohn came just about up to his ear, and thus press on that crowd the sacred obligations they infers John's height from his own height. The were under to let him alone in the execution of next point is John's color, and is described as his duty; sending for the Justice, Constable, copper colored. Bacon, Mitchell, and Jennings and the Lawyer, and Jennings shows his power say he was a full-blooded negro. Bacon says of attorney, thus being doubly armed. Proclahe is copper color. Jennings calls him black, mation was made to the crowd, and the warrant and Mitchell would agree with Jennings rather read, and Mr. Patton summoned the people than with Bacon. Witnesses on the other side and read the paper, and they all gathered say he was full-blooded, and call him black. around and the warrant proclaimed to them At the same time there are blacker negroes that John was a fugitive slave from Bacon, and than John, and the inhabitants of Oberlin have Jennings was authorized to arrest him. No inabundant opportunities of knowing, but those formation was conveyed by the warrant, for living in Kentucky have a better opportunity, they all knew before that John was a fugitive. of knowing: John proclaimed that he was a The negro voluntarily interfered to quiet that slave, that he escaped from Bacon, and when a crowd, and attempted to speak to the crowd, crowd of law violators were around him, he and said his master had sent for him and he said he was Bacon's slave, and must go back to must go. If he had a master, of course he was Kentucky; and he said he desired to go back a slave; the mob interfered and told him not and see liis master and his mistress. The identi- to say he wanted to go back to Kentucky, and ty of John is placed beyond the reach of every then the cry arose from that infuriated crowd question. As to his weight all counsel has to they would have him any way. Now, shall that say is that he became a victim of a foul disease crowd say that they believed a free man was contracted by leaving Kentucky, and going to being kidnapped? We do not fear that SouthOberlin ; witnesses for the government esti- erners will come to Ohio to kidnap free men, mated his weight when he was in health. There is no need of Higher Law; there is
It is said that in order to be chargeable with no need of the rallying of the children of rescuing a slave, it is necessary to show notice God — as Lincoln says of himself -- in the on the part of the claimant of the character of shape of a riot to protect free negro men of the person claimed.
claimed. The Court will no doubt Ohio; the children of this world are adequate charge you that the defendant should have some for such duty. When these Oberlin men went notice as to the character of John as a fugitive down to Wellington, they proclaimed that they from justice. What is sufficient proof? Any did so under the Higher Law, for they knew circumstance that a man of ordinary appreci- they were outraging the law of the land. ation would notice is sufficient. The counsel It is a pity that all the good people of Oberread from Giltner v. Graham, 4 McLean, p. lin had not behaved as well as Patton ; had 418, being an action for a penalty of $1,000 they, this indictment would not have been for rescuing a slave as to the liability of persons found; although Patton went from.Oberlin to who join in a rescue, and on the subject of the Wellington, and his motive might have been notice to rescuers, and the liability of the mem- good or bad, his conduct there was honorable bers of such a crowd.
to him, and counsel would say to all his assoThe Oberlin people who came to the rescue ciate students at Oberlin, “Go and do likeof John, knew he was a fugitive, their language wise," and you will get the respect of all good showed it; they assembled on receipt of infor- men. He went out and told that crowd all mation that a fugiiire had been taken by slave about that warrant, and the power of attorcatchers; all agreeing to the common fact that ney. by which these men were armed, and John was a fugitive and as such was captured that all that could be done was to try some What other motive had they to assemble for process of law, by getting a writ of habeas his arrest except that he was a slave, and they corpus, which according to the ligher Law of intended to rescue him ? Several answered Oberlin micht have superior power to the that they went to Wellington to rescue a slave; (United States Court. some were in favor of getting a process for the A young man by the name of Butler, a lawclaimants, others that they cared not for papers yer, swore that he was in the crowd, but never but would have him any way; a miscellaneous lieard of a fugitive slave in that crowd, but it is crowd of black, white, and blue -- for some in proof that he did declare that John was were drunk - crying out, tear down the house, held as a fugitive by lawful authority, and said tear off the roof, brandishing guns and weapons. so in the crowd, and went to a Mr. Marks to Is there any doubt every one of that crowd furnish a horse and buggy, that he himself knew John was a fugitive, legally held by due might go and get a habeas corpus to get John process, and their intention was to rescue the away. slave. It was known that he was held under a Look out for the forgetfulness of these men. Commissioner's warrant to be taken to Colum- You may expect that they will forget what bus for examination, every person who knew took place in the crowd. Patton has told the that warrant knew that John was a fugitive whole truth, but Butler has forgotten.