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and pleasure, the Counsel for the defence ob- 1 to its recollection. The defence stated the case jected, saying that it was on the motion of the as it occurred. Judge BELDEN said that beDistrict-Attorney, that the defendants, Lang- fore he had expressed the hope that the deston being included, were ordered into custody, fendants be ordered into custody, he had said and that then after they had been taken into that he hoped good security would be given such custody, the defence requested that the in the sum of $500. This case having been recognizances be cancelled. The Journal en- freely discussed and stated, the Court still held try is as follows:
that the entry was correct.
Some sharp ques
tions and statements being made, Judge WILLFriday, April 15th, 1859.
SON remarked that he would state, once for all, The United States No: 71.
that no insolence would be allowed before the Indictment for rescuing a Court, and any counsel using such insolence Charles Langston. fugitive from service.
would have his name stricken from the bar. This day comes the said defendant and sur- Judge SPALDING replied that he had merely renders himself into the custody of the Court, endeavored to assist the Court in a correct unin discharge of his recognizance heretofore en-derstanding of the case, and if for such statetered into for his appearance at this term of the ments and information, and for his efforts to Court, to answer to the said indictment. Where- shield and protect the right, the Court saw fit upon it is ordered by the Court that the said to strike his name from the roll it could be recognizance be and the same is hereby dis- done at once. The Court replied that it charged and cancelled.
probably would be done. And it is further ordered, that the said De- The Court remarked that this present Jury fendant enter into his own recognizance, with would be called, and any one of them could be out surety, before the Clerk of this Court, in challenged if there was an objection. There the sum of one thousand dollars, for his appear- being a vacancy in the Jury, Harvey Rice and ance from day to day during the present term David J. Garrett were summoned by the Marof this Court, to answer to said indictment shal to sit upon the case. Judge Willson furpending against him for rescuing a fugitive from ther remarked that as it was impossible to preservice, and, in default thereof, that he be com- vent the Jury from reading the city papers, he mitted to the custody of the Marshal of this should have a reporter authorized and sworn to District, to be by him conveyed to the jail of report the testimony accurately and fully. Cuyahoga county, there to remain until the Louis Feeser, the reporter for the Law College, further order of this Court.
was selected for this purpose. As no specific Similar entries are made in the cases of all order was issued to prevent other reporters the others, except in that of Bushnell , in ref-authority to make our own report
. All other
taking notes,” we took upon ourselves the erence to whom the record is as follows:
reporters being left to find seats for themselves Friday, April 15, 1859.
wherever they could about the room - and not The United States
being allowed to sit at the reporters' tables, in Indictment for rescuing a
the area with the counsel and the bar, we must Simeon Bushnell. fugitive from service. ask for indulgence as to any omissions and misThis day come again the parties to this cause the witness stand that we could not hear all
apprehensions, as we were so far removed from by their attorneys, the said Defendant, Simeon that occurred. Bushnell, being present here at the bar of the
On the question as to whether there was any Court, and also come again the jurors empan-objection to the Jury on the part of the deelled and sworn herein, on Tuesday, the fifth fence, Judge SPALDING replied that there was. day of April
, instant; and the testimony and He challenged the array on the ground of its arguments of counsel being concluded, the said being a struck Jury, and although that struck jurors, after receiving the charge of the Court, Jury, after coming into Court, was adopted as retired to deliberate concerning their verdict, the regular Jury of the term, that did not reaccompanied by a sworn officer of the Court.
move the objection. They had passed upon And now having returned into Court here, every important fact in the case except the the said jurors upon their oaths do say, that sole fact of the identity of the pa the said Defendant, Simeon Bushnell, is guilty fendant with the crowd who rescued the boy, in manner and form as he stånds charged in and it would be a mere farce to go before them said indictment. And thereupon, on motion of the District-Jury, selected and brought here for a specific
again for justice. Moreover it was a political Attorney, it is ordered that the said Defendant be committed to the custody of the Marshal of
purpose. this District , to await the further order of the qualified for acting and deciding justly, on the
Judge Bliss replied that they were not disCourt.
ground of having already passed upon the facts Some discussion here ensued as to the cor- in the case of Siméon Bushnell, for they must rectness of the Journal entry. The Court judge according to the evidence adduced. Such remarked that the entry was correct according objections as had been raised had never been
considered as sufficient grounds of disqualifica-( to every idea contained in the question at issue.
This matter was discussed and argued by Mr. Mr. RIDDLE referred to cases which he had BACKUS, but the Court held that he might read known of in his capacity as public prosecutor, the indictment to the jury, and make the genwhen three persons were severally and sep- eral inquiry as to any opinion formed, but that arately, indicted, when the presiding Judge they would not consume time by such particular ordered the Sheriff to make up a new jury in inquiry. The indictment was then read to the each trial. And it had been the practice in the jury by Mr. GRISWOLD, when Mr. Bishop was Courts of Northern Ohio, to try before a new asked the questions: If he believed the boy esjury each case under the same or a similar in-caped from his lawful master; if he had made dictment for the same offence, and in this case up his mind whether this Jennings was a lawevery one of the Jury had prejudged upon all fül agent of Bacon; if Bacon made acknowlthe important points in the matter, and it could edgment of his ownership before the Clerk of not be pretended for a moment that the juror the Court; whether : Bacon made out this who had fixed and passed a conviction in his power of attorney to Jennings; whether the mind upon these points, would go to a new boy at the time of the rescue, was in the custrial with an unbiassed mind.
tody of Jennings; whether the defendant The Court expressed its opinion to be quite Langston, did rescue the negro, boy John, clear, that if the allegation against Langston from Jennings, who held the boy by virtue of was throughout the same as that against Bush- power of attorney from Bacon, who (Bacon) nell, with the mere substitution of one name was the lawful owner of the boy; and whether for the other, then that would disqualify the the defendant Langston, was aware at the time jurors in the former case from sitting upon the of the rescue that the boy was really a slave trial of Langston. It then requested the former held by lawful authority. All of these quesjury to vacate the jury box, and ordered the tions were overruled by the Court as improper marshal to empanel a new jury.
to be asked. Mr. BACKUS said he proposed Mr. Backus remarked that as objection had asking all these questions of all the jurors, and been raised to the former jury on the grounds supposed he was to understand that all were of political proclivities, he hoped the Court overruled. He then asked the juror what would itself appoint the new jurors, that there means he had for forming an opinion upon the might be no grounds for such complaint here-case. Mr. Bishop said he had not read the after. The Court, however, considered that papers, and had not formed an opinion. The the Marshal would proceed with his duty fairly, same inquiry was made of Mr. Garrett. This and left it to him.
juror confessed that he had not formed an The Marshal wishing a little time to select opinion as to the guilt of Langston, but he behis jury, a recess was taken until 2 o'clock. lieved the boy was a slave. This brought up a
discussion as to challenging the juror upon this
point. The defence asked to have the juror Court convened at 2 o'clock. The following the Court declined to excuse him upon that
excused upon the ground of this opinion, but jurors were called to the bar by the Mar- ground. On being further questioned, the
juror said that he supposed the slave did escape Harvey Rice, Irvin K. Bishop, and was illegally rescued. He was allowed to David J. Garrett, Charles Howell,
stand aside, being quite too decided à charJohn M. Hughes, Boliver Butts,
acter to act upon the jury. Mr. Daniel CleveAndrew Cozad, Levi Johnson, land was called in his place. In like manner S. A. Case, William Burton,
Mr. Hussey was questioned, the counsel for the Sturgis Lynes, Richard Hussey. prosecution several times interrupting the quesThese gentlemen being severally questioned tioning, but the Court held that it was compeby the Counsel for the prosecution, replied tent to inquire on such points as would tend to that they had no objection to the enforcement bias a fair verdict. of the Fugitive Slave Law, if the proof showed. All of the jurors were similarly questioned. the defendants to be guilty of a violation of Mr. Case, having formed too much of an opinion, the same. Mr. Lynes was challenged by Judge was excused. $. T. Loomis was called in his BELDEN and withdrew. Mr. J. Ì. Crittenden place. was called in his place. Mr. Backus inquired Mr. Howell being challenged, Mr. J. M. Armof Mr. Bishop if he had been present at the strong took his place, but being challenged, Mr. trial. He had been present a part of the time. B. Brownell was called in his place. The question being asked if he had made up : Mr. Loomis wished to be excused on account his mind upon the ownership of John by Bacon, of business at home. Mr. H. B. Platt was called it was objected to, but sustained by Mr. BACKUS in his place. by argument, that it was necessary to know as Mr. Brownell being challenged by the deto their opinion upon the several averments of fence, Mr. George A. Davis was called in his the indictment. Judge Bliss replied that this place. was contrary to all custom to inquire in respect
Mr. Butts being challenged by the prosecu
tion, Mr. J. W. Smith was called in his A. Cochran then being a legal oficer, and the place.
said Mason County Court then being a legal Mr. Platt having formed an opinion, Mr. Wm. Court, in the said State of Kentucky, in which B. Hall was called in his place.
said State said power of attorney was executed No further objection being raised, the follow- — did pursue and reclaim the said negro slave ing jurors were sworn :
called John, into and in the said State of Ohio, Harvey Rice, Richard Hussey,
and did, to wit, on the said first day of October, John M. Hughes, J. H. Crittenden, in the year one thousand eight hundred and Andrew Cozad, Daniel Cleveland, fifty-eight, in the said Northern District of Ohio, John K. Bishop,
Geo. A. Davis, and within the jurisdiction of this Court pursue Levi Johnson, J. W. Smith,
and reclaim the said negro slave called John, William Burton, Wm. B. Hall.
he then and there being a fugitive person as The politics of this Jury were too marked aforesaid, and still held to service and labor as to escape notice. They stood: nine Adminis- aforesaid; by then and there, to wit, on the day tration men, two Fillmore Whigs, and one Re- and year last aforesaid, at the District aforesaid, publican, who had no objections to the Fugitive and within the jurisdiction of this Court, seizSlave Law. The preliminaries being arranged, ing and arresting him as a fugitive person from the case of the United States v. Charles Lang- service and labor from said State of Kentucky ston, for nescuing the fugitive slave John, was as aforesaid;
as aforesaid ; — and that the said opened by District-Attorney BELDEN, in re-called John was then and there, to wit, on the marks to the Jury, setting forth what was day and year last aforesaid, in the said State of claimed by the prosecution, and reading from Ohio, at the District aforesaid and within the the law on the point of the recovery of fugi- jurisdiction of this Court, lawfully pursuant to tives. Also, what was charged and expected the statute of the United States given and deto be proved against the defendant. The in-clared, in such case made and provided, arrestdictment against Langston runs thus:
ed, in the custody and under the control of the
said Anderson Jennings as agent and attorney United States of America,
as aforesaid of the said John G. Bacon to whom Northern District of Ohio, ss.
the service and labor as aforesaid of the said In the District Court of the United States negro slave called John, were then and still due for the Northern District of Ohio, of the No- as aforesaid together with one Jacob K. Lowe, vember Term, A. D). 1858.
then and there lawfully assisting him the said The Grand Jurors of the United States of Anderson Jennings in the aforesaid arrest, cusAmerica, empanelled, sworn, and charged to tody, and control of the said negro slave called inquire of crimes and offences within and for John. And the jurors aforesaid do farther prethe body of the Northern District of Ohio, upon sent and find that Charles Langston, late of their oath present and find that, heretofore, to said District together with divers, to wit, two wit, on the first day of March, in the year of hundred other persons to the jurors aforesaid our Lord one thousand eight hundred and fifty- unknown, heretofore, to wit, on the said first seven, a certain negro slave called John, a per- day of October, in the year one thousand eight son held to service and labor in the State of hundred and fifty-eight, at the District aforesaid Kentucky, one of the United States, the said and within the jurisdiction of this Court, with John being the property of one John G. Bacon, force and arms, unlawfully, knowingly, and of the said State of Kentucky, the person to willingly, did rescue the said negro slave called whom such service and labor were then due, John, then and there being pursued and reand the said negro slave called John, to wit, on claimed, seized and arrested, and in the custody the day and year last aforesaid, so being held and control aforesaid, he,, the said negro slave to service and labor as aforesaid, and said ser- called John, being then and there a fugitive vice and labor being due as aforesaid, did es- from and then still held to service and labor as cape into another State of the United States, aforesaid, fkom the custody of the said Anderto wit, into the State of Ohio from the said son Jennings then and there the authorized State of Kentucky: and that afterwards, to agent and attorney of the said John G. Bacon wit, on the first day of October, in the year of as aforesaid, and the said Jacob K. Lowe, then our Lord one thousand eight hundred and fifty- and there lawfully assisting the said Anderson eight, one Anderson Jennings, the agent and at- Jennings as aforesaid — he, the said Charles torney of the said John G. Bacon, đuly author- Langston then and there well knowing that the ized for that purpose by power of attorney in said negro slave called John, was then and writing, executed by the said John G. Bacon, to there a fugitive person, held to service and lawit, on the 4th day of September, A. D. 1858, bor as aforesaid, and pursued and reclaimed, and by him on said day acknowledged before seized and arrested, and held in custody as Robert A. Cochran, Clerk of the County Court aforesaid ; --to the great damage of the said of the County of Mason, in said State of Ken- John G. Bacon : contrary to the form of the tucky, and on said day certified by said Robert Act of Congress, in such case made and proA. Cochran, Clerk as aforesaid, under the seal vided, and against the peace and dignity of the of the Mason County Court, the said Robert | United States.
And the Grand Jurors aforesaid, upon their the Southern District of Ohio, and was then oath further present and find, that heretofore, and there delivered to Jacob K. Lowe then to wit, on the first day of March, in the year and there being a Deputy United States one thousand eight hundred and fifty-seven, a Marshal for the Southern District of Ohio, and certain negro slave called John, a person held which said warrant commanded the said Jacob to service and labor in the State of Kentucky, K. Lowe, Deputy-Marshal as aforesaid, to seize, one of the United States, the said John being arrest, and take the said fugitive negro slave the property of one John G. Bacon, of the said called John, then and still held to service and State of Kentucky, the person to whom such labor as aforesaid, and who was escaped as service and labor were then due, and the said aforesaid and him safely keep so that forthwith negro slave called John, to wit, on the day and said Deputy-Marshal should have his body year last aforesaid, so being held to service and before some United States Commissioner within labor as aforesaid, and said service and lahor and for the Southern District of Ohio to anbeing then due as aforesaid, did escape into swer the further command of the said warrant; another State of the United States, to wit, into - and the jurors aforesaid further present and the State of Ohio, from said State of Kentucky; find, that afterwards, to wit, on the first day of
that afterwards, to wit, on the tenth day of October, A. D. 1858, at the Northern District September, in the year one thousand eight of Ohio, and within the jurisdiction of this hundred and fifty-eight, one Anderson Jen-Court, by virtue of the said warrant he, the nings, the agent and attorney of the said John said Jacob K. Lowe, Deputy-Marshal as aforeG. Bacon, duly authorized for that purpose by said, and then and there lawfully assisting the power of attorney in writing, executed by said said Anderson Jennings as agent and attorney John G. Bacon, to wit, on the 4th day of as aforesaid, to seize and arrest the said negro September, A. D. 1858, and by him acknowl- slave called John, then and still a fugiedged on said day before Robert A. Cochran, tive from and held to service and labor clerk of the County Court of the County of as aforesaid, did, then and there take, seize, Mason, in said State of Kentucky, and on said / and arrest the said negro slave called John, day, certified by said Robert A. Cochran, clerk as a fugitive from and held to service and as aforesaid, under the seal of the said Mason labor as aforesaid, and that the said negro slave County Court, the said Robert A. Cochran called John was then and there on the day of then being a legal oficer, and said Mason the year last aforesaid, in the said State of County Court then being a legal court, in the Ohio at the District last aforesaid, and within said State of Kentucky, in which said State the jurisdiction of this Court, lawfully arrested, said
power of attorney was executed, did pur- in the custody, and under the control of the said sue and reclaim the said negro slave called Jacob K. Lowe, Deputy-Marshal as aforesaid, John, into and in the said State of Ohio; by virtue of the said warrant, he, the said Depand, to wit, on the said tenth day of September uty-Marshal, then and there lawfully assisting in the year last aforesaid did pursue and re- the said Anderson Jennings, then and there the claim the said negro slave called John, by pro- agent and attorney of the said John G. Bacon, curing, to wit, on the day and year last afore-as aforesaid: And the Jurors aforesaid do fursaid, a warrant, to wit, at Columbus in said State ther present and find that Charles Langston, of Ohio, from Sterne Chittenden, then and late of the Northern District of Ohio, together there a Commissioner of the United States with divers, to wit, three hundred other persons Circuit Court for the Southern District of to the said Jurors unknown, heretofore, to wit, Ohio, duly appointed by said Court as such on the said first day of October, in the year one Commissioner, and who in consequence of such thousand eight hundred and fifty-eight, at said appointment was then and there authorized to Northern District, and within the jurisdiction of exercise the powers that any Justice of the this Court, with force and arms, unlawfully, Peace or other magistrate of the United States knowingly, and willingly, did rescue the said could or might exercise in respect to offenders negro slave called John, then and there being for any crime or offence against the United pursued and reclaimed, seized and arrested, States, by arresting, imprisoning, or bailing the and in the custody and control aforesaid, he the same, under and by virtue of the 33d section said negro slave called John, being then and of the act of Congress of the United States of there a fugitive from and held to service and the 24th of September, 1789, entitled “ An labor as aforesaid, from the custody of the said Act to establish the Judicial Courts of the Jacob K. Lowe then and there being and acting United States," for the apprehension of the as Deputy-Marshal as aforesaid, and then and said negro slave called John, then and still a there having the custody of the said negro slave fugitive from and held to service and labor as called John as aforesaid, and then and there aforesaid, which said warrant, bearing date the lawfully assisting the said Anderson Jennings, 10th day of September, A. D. 1858, was duly agent and attorney as aforesaid : he, the said issued under the hand and seal of the said Charles Langston, then and there well knowing Sterne Chittenden, as Commissioner as afore- that the said negro slave called John was then said, and directed to the United States Marshal and there a fugitive person held to service and and to any Deputy United States Marshal of labor as aforesaid, and pursued and reclaimed, seized and arrested, and held in custody as on the paper, my deputy still doing the writing. aforesaid ; -- to the great damage of the said I had him put in also the last two lines: “ The John G. Bacon ; - contrary to the form of the said parties are personally known," etc. There Act of Congress, in such case made and provi- is no statute prescribing the duties of a deputy.. ded, and against the peace and dignity of the They take the same oath as the principals, and United States.
do the same things. On the previous trial I G. W. BELDEN, U. S. Attorney. did not swear that I had no personal knowledge
of this acknowledgment. Mr. RIDDLE set forth the position of the de
Anderson Jennings. Saw John last about a would be shown by the tercumstances which year before I heard he had gone away. First would bring forward.
Wellington. Knew him at once. [The Court Mr. John G. Bacon was first sworn. His tes ruled, in United States v. Bushnell, that neither timony was substantially the same as it had the acts nor the words of the negro were evibeen in the former case, and need not be re-dence. On reflection, it was now prepared to peated.
rule that the acts but not the words were eviJust before adjournment, Mr. RIDDLE re- dence.] Was administrator of James Jennings. marked that he understood the Court to intimate Was in Oberlin first some five or six days prein remarks made in the morning, that the Jour- vious to September 13, in search of a boy benal entry relative to the cancelling of the recog- longing to an uncle's estate. Staid a day and nizance of the accused, bé struck out and they a hålf. Did not see John, but heard of him, be released without entering any new recogni- and wrote to Bacon. (Bacon says the letter is zance, and be considered in the same position lost.) Directed it to James Reynolds, because which they occupied prior to Friday last
. The he would get it sooner than Bacon, and told Court replied that they could go out again upon him in the letter to send it on. Went from signing new recognizances
Mr. Oberlin to Sandusky, and thence home. Got RIDDLE remarked that they would do nothing home on Saturday and saw Bacon on Monday. of the kind, and so the matter stands. They May have been Sunday was Sunday or Monwill issue no new papers.
day; can't tell which. Asked him if he had got
my letter, and if he had sent the power of attorSECOND DAY.
ney and witness as requested, and he said he had. Court convened at nine o'clock, Judge WILL- Håd sent the power of attorney by Mitchell. SON presiding. Examination of John G. Bacon I passed Mitchell on the river. Suppose I got continued. Being in substance as heretofore home before Mitchell passed, but he did n't reported.
know it. Missed him. Did n't see him. I Prof. Peck and Mr. Plumb are allowed to be asked Bacon to come back. He said he in Court during its sessions, being accompanied could n't. I asked if he thought Loyd would to and from the jail by a bailiff.
pay my expenses, or give me any thing if I Robert A. Cochran. Richardson was my brought his nigger back. He said he did n't deputy, and authorized (objected to and over- know. I studied for some little time and told ruled) to act for me. They lay taxes on slaves him as he had sent the power of attorney at in Kentucky, but whether John was ever listed some trouble at my suggestion, I would come I do not know. Under the laws of Kentucky, back. Started back on Monday. whatever the Clerk as principal may do, that to Oberlin on Wednesday night about 9 or 10 his deputy using his (the principal's) name may o'clock. Stopped at Wack’s. Asked Mitchell do. The deputy is appointed by the court on if he had seen John. Got the power of attormotion of the Clerk. A power of attorney to ney. Next morning sent for Warren. Had convey personal property need not be ac- got acquainted with Warren on the first trip. knowledged -- for real estate it must be. He came. Asked him if he thought there Slave property in our State is a distinct class, would be any difficulty in trying to arrest Frank part real, part personal. A married woman or John. He said he thought there would. owning slaves cannot part with them unless her Then asked him if he thought we could go and husband unites with her in making a deed. make the arrest after night and get out of town A man can part with slaves by giving a simple before we should be found out. He said he bill of sale. There is a mixture of habit about thought that would be a very dangerous operathe signature of deputy clerks; some sign their tion. Might get shot and never know who done own name, and some (more frequently so) the it
. If we done it in the village at all, better do name of their principal. Know of no law fix- it by daylight by all means. But he thought ing either mode.
the best way was to make some arrangements
to get the boy out of town. I asked who would SECOND DAY. AFTERNOON.
help us do this. He thought this young BoynI distinctly remember that I came in just as ton would. Went to Boynton's Saturday Bacon and Loyd were passing out, and had night. We was all sittin' in the room together, them come back and make the acknowledg- the General and family, and Lowe and me, ment over again in my presence, as still appears and this little Shakespeare came in and went
Think I got