The Cleveland Daily Herald

Cleveland, April 9, 1859

 

The Oberlin-Wellington Rescue Case.

United States District Court,  

                                                Willson, Judge.

Northern District of Ohio.

Fourth Day – Afternoon Session.

 

 

      Cross Examination of Mr. Wack.

      Mitchell, Davis, Lowe and Jennings stopped at witness’ house: witness went to Wellington to see about a ten dollar bill witness had taken of Jennings, which was pronounced a bed bill; should not have gone to Wellington if it had not been about that 10 dollar bill, although witness did have some curiosity about the rescue matter; there were two crowds at Wellington when witness got there; one by the late fire and one by the negro; witness got out of the buggy nearest the nigger crowd; when John came out on the balcony he said something about going back, and witness thought he would have said that he wanted to go back if the crowd had not told him not to say any such thing.

      In Mr. Whitey’s grocery were five or six guns, loading by black men; they were ramming down cartridge pretty fast – some had shot and some ball; knew nothing about any plan to decoy John; knew nothing about Shakespeare or anything else about decoying the negro; while Mitchell was at witness’ house he kept his room pretty close.

      O.S. Wadsworth sworn. – Was hotel keeper at Wellington at time of rescue; should think there were about five hundred people there; witness was willing to let anybody who had business go in the house, but witness objected to opening his house for a mob to come in; Mr. Gillett told witness that they would pull the house down if he did not let the crowd in.

      [This examination was short and of but little account, as the witness was attending rather to the protection of his house during the affair than to anything else.]

      W.B. Warden sworn. – Lives at Oberlin; was at Oberlin when the people returned from Wellington, after dark.

      [Witness knew nothing about the matter and was dismissed.]

      Richard Whitney sworn. – Lives at Oberlin.

      [Knew nothing about the matter and was dismissed.]

      Mr. Bacon was recalled by prosecution, and explained about his offering one-half what his nigger would sell for if brought back; witness understood that Jennings was to have one-half the value of the nigger; witness said to Jennings that that was the offer which was still open; Jennings said he would come for him; was under no obligation to pay Jennings anything unless the slave was brought back.

      Here Prosecution rested.

      Defendants witnesses were called.

      Gen. L.D. Boynton sworn. – Lives in Russia, the township in which Oberlin is situated; was at home in September last, the day before this affaire happened; on Monday went to Ashland; suppose witness will not be driven out of the Court House if he states that he went as a delegate to a Democratic Convention; [Mr. Riddle replied, “ not out of this Court House.”] – The Saturday before this affair, witness came home and found some men were there to see him, and his wife said she guessed the men wanted to buy cows; witness replied that he guessed they did not want cows; in the morning Jennings and Lowe, who had staid at the house after breakfast, went down in the lot with witness.

      [Defence here stated that it wished by the testimony of Gen. Boynton to impeach Jennings but on stating the point on which they expected to impeach, the Court held it was immaterial to the issue, and so ruled out the testimony.

      Defence sated that such ruling went also to exclude the testimony of Shakespeare Boynton by whom they expected to show that these negro captors endeavored to capture this negro by decoying him away and by deceit; the defence seeks to show the manner of the capture of this negro as inconsistent with slave law itself, and consistent only with the act of a kidnapper who seeks to steal a man away from his home.

      Prosecution contended that persons in search of slave property may choose their own manner and time for gaining possession of such property so long as the captors do not violate a law.

      The Court held with the prosecution.]

      Shakespeare Boynton sworn – is 13 years old; expects he is son of L.B. Boynton, but it’s hard telling whose son one is now-a-days; last time witness saw John was about a mile northeast of Oberlin.

      Lowe, Mitchell and Davis overtook witness and John in the buggy. Mr. Davis jumped out of his buggy and took hold of John. John had in his hand a jack-knife, picking his teeth. Mr. Davis took hold of him, and Mr. Lowe said, “bring him along.” Witness drove slow to let them overtake him. When asked for the knife. John said, “I’ll take care of it.” Mitchell put his hand to his pocket and made John give up the knife. John was some frightened, perhaps not very much; tried to get John to dig potatoes that day. He said he would direct witness to another negro who would do the work. Witness me the other negro but witness told John he had better take a whole ride and not half a one, so we went on; Jennings paid witness $20; was to have $20 more if witness could get “Big Frank.” Lowe gave witness a card when they took the boy, with a direction on it, so that witness could write to them: witness told his father about the matter when he got home from Ashland. Did not see Jennings again until he saw him here. Witness lost that card.

      Adjourned till 9 o’clock this morning.