The Cleveland Daily Herald

Cleveland, April 12, 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 – Afternoon Session.

      L.S. Butler, cross-examined. – Witness was a law student at the time, and when the warrant was read, said that witness thought the warrant was good for nothing because it had no seal; witness did not say that the papers were all right and that the only way to release John was by getting a writ of Habeas Corpus; heard that remark made, and witness repeated it; witness asked John if he wanted to go back South, and he said he did not.

      J.J. Cox, sworn. – Lives at Oberlin; was home on day of John’s escape; knew John very well; John was five feet four or five inches; just up to witness’ ear; often had hold of John; was a good deal of music in him; he was black, so as to shine; very black; his weight was about 140 pounds. Mr. Bartholomew’s reputation for truth and veracity is not as good as men’s in general; his character is bad.

      Cross-Examined:

      Would not believe Bartholomew on oath in a case where he had any prejudice; his reputation is bad with all the business men; when he tells anything people do not believe him; can’t place any dependence on what he says; the greater share of Oberlin people do not believe him entitled to credit; have heard Mr. Fitch say Bartholomew was not truthful from a boy up; witness is five feet seven inches.

      [Mr. Belden, to test witness’ judgment as to height, stepped out and asked witness how tall he (Belden) was. The witness replied, five feet six and a half inches. Mr. Belden remarked that he was five feet seven and a half inches – eight inches with a pair of boots on.]

      Philo Weed, sworn. – Reside at Oberlin; knew John by sight; he was black; height about 5 feet 7 or 8 inches or thereabout; would weigh from 130 to 140. Witness would not believe Bartholomew on oath.

      Cross-Examined:

      Heard Bartholomew’s character for truth and veracity called in question when, some years since, he was indicted as a thief.

      [Mr. Belden asked if that was the cheese affair – witness said there was something else. Witness named a number of persons whom he had heard speak of Bartholomew’s character.]

      Brewster Pelton, sworn. – Know Bartholomew, and think his character for truth and veracity is not good as men’s in general.

      David Brokaw, sworn: - Lives at Oberlin: knew Bartholomew for 17 years; his reputation for truth and veracity is not as good as men’s in general; would not believe him on oath where he was interested.

      Clark Elliott, sworn: - Lives in Oberlin; know Bartholomew; his character for truth and veracity is not as good as men’s in general; would not believe him on oath where he was interested or prejudiced.

      A.N. Beecher, sworn: - Lives at Oberlin; is Mayor of the place; know Bartholomew; his character for truth and veracity is not as good as men’s in general; it would depend on circumstances whether witness would believe him.

      H.A. Bunce, sworn: - Lives in Oberlin; know Bartholomew; his reputation for truth and veracity is not as good as men’s in general.

      H. Johnson, sworn: - Lives in Oberlin; knew of the crowd on the 13^th Sept. after its return from Wellington; heard of the kidnapping about 3 o’clock in the afternoon.

      O.S.P. Wall affirmed: - (This witness is a colored man:) – Lives at Oberlin; native of North Carolina; understand how colored people are know at the South; witness’ father was a slaveholder: the colors are black, which means ordinary black, which may be declined black, blacker and blackest; then there is brown and dark brown; then there is copper color – about the color of hemlock tanned sole leather; John Watson is copper color; a fair sample; then next a dark mulatto; witness in the wintertime would be called a light mulatto; John was black; his height was near five feet and a half, maybe not more than five feet 4 1-2 inches; John for the last few weeks had been unwell, and would not weigh over 125 pounds.

      Defence here rested. On the conclusions of testimony for the defence a request was made by the defendant that three of his counsel might be permitted to argue that case; it being a novel case, and one of deep interest to him and the community. The Court denied the request, saying that the rule limited arguments to two counsel on a side. Court adjourned until 9 o’clock this A.M.