The Cleveland Daily Herald

Cleveland, April 11, 1859

The Oberlin-Wellington Rescue Case.

United States District Court,  

                                                Willson, Judge.

Northern District of Ohio.

Geo. W. Belden,

U.S. Attorney.             For Government.

Geo. Bliss,

R.P. Spalding.

F.T. Backus.                For Defence.

A.G. Riddle.

S.O. Griswold.

Sixth Day – Morning Session.

      Court met at ten o’clock.

      Testimony for defence continued. James L. Patton on the stand. Examination in chief continued from fifth day.

      [Before proceeding to further examination, Mr. Riddle wished to state that it had just come to his knowledge that one of the jurors, to wit: Mr. O.N. Allen, is an officer of this Court, to wit: a Deputy Marshal. Mr. Riddle would not intimate any unfairness in the matter, but wished the fact of the official position of the juror to be noted.]

      Witness proceeded: After he had the interview with Lowe he went and lay down awhile; afterwards witness returned and stayed perhaps an hour in conversation; no paper was shown but the warrant, and none talked of but that; witness and Lowe went down stairs to read the warrant to the crowd: witness read it; the Marshal then proposed to the crowd to “let the boy to” at this time the crowd rushed towards the house; part of the crowd had been near us when the warrant was read; but few persons could hear it when it was read; on the rush being made Lowe took witness by the arm and stared for the room, which we reached with difficulty; do not remember to have seen Bushnell present that day; Jennings told witness that the boy belonged to him; did not hear Jennings make any other remark as to the ownership of the boy.

      Cross examination. – Witness heard that the negro had been brought out on the platform; heard the man had been kidnapped and decoyed away; witness had heard John was a fugitive; but don’t remember that John was spoken of as a fugitive at Oberlin; heard him called a fugitive at Wellington; the crowd said they did not care for the warrant, they meant to have the negro, anyhow; heard threats in the crowd during the afternoon; the room in which the boy was not locked; was in the room where the negro was when he was taken out; did not see him put into the buggy.

      Direct examination resumed – Saw no one who appeared to be leaders in the crowd; saw not concert of action on the part of the crowd.

      Wm. Houck, sworn – Reside at Wellington; was Justice of the Peace at the time the fire occurred: the people from around were there after the fire; witness went there on that account, to help his neighbors; live two miles from Wellington; was there in the morning, sun hour high; the buildings were burned when witness got there; but quantities of goods were on the green and witness helped remove them; all were not removed until the afternoon; the crowd called by the fire numbered, say five hundred, perhaps more; was in the Justice court in the townhouse when some person came in and said that a man had been kidnapped; the man made oath and a warrant was issued; the affidavit was read aloud to a crowd of, say one hundred, in the house; the crowd went out of the house as soon as the warrant was issued; witness went out of the house, towards the tavern, ten rods distant; the crowd was about the same as in the forenoon; saw some guns, say twenty-five; these guns were in the hands of black men; saw no leader of the crowd; remarks of different kind were made; the cry was that the man in the house had been kidnapped; that there were no papers used in the arrest; witness went up into the house, got up to the first story and then went back, when Mr. Sciples came and said the Marshal wanted to see witness; had an interview with Lowe, who proposed a committee should go to Columbus, and if they could not show good right to the negro, they would bring him back; was in the room but a minute or two; but one paper was shown, the warrant; nothing was said about the power of attorney; the first witness ever heard of the power of attorney was in this court room; there was no seal on the warrant.

      Crossed examined. – Was about 4 o’clock when witness left the own house to go towards the hotel; witness supposed the Marshal held the negro by legal process; and asked ‘Squire Bennett if he had read the papers and he said he guessed it was all straight; witness talked with several persons after examining the warrant.

      L.S. Butler sworn – Reside at Oberlin; was in the hall of the house when John left; was next to Lowe and Patton when the warrant was read; nothing said about any other paper; the warrant purported to be signed by a Commissioner, but had no seal; this was about half an hour before sundown; witness made the inquiry if there was any other paper but found none; nothing was said to witness’ knowledge in or out of the crowd about any paper; the crowd denounced the taking of the negro as illegal and a case of kidnapping; witness knew John; his color was black, quite black; his height would not exceed five feet five: very short and thick set; witness height is five feet five, and don’t think John was quite as tall as witness; think his weight was about 14 pounds; reputation of Bartholomew for truth and veracity is not as good as men in general; it would depend entirely upon whether Bartholomew had any pecuniary interest or any prejudice in a case whether witness would believe him on oath.

      Adjourned until 2 o’clock.