The Cleveland Daily Herald
Cleveland, April 15, 1859
The Oberlin Rescue Case.
THE THIRTY-SEVEN IN THE HANDS OF THE MARSHAL.
EXTRAORDINARY SCENE IN COURT.
As soon as the case of Bushnell was disposed of, the Court proceeded to take up the next case. The District Attorney called the name of James Langston. Judge Spalding objected that they were not ready in that case, and suggested that of Prof. Peck. District Attorney Belden insisted on Langston.
Judge Spalding then objected that the jury was a struck jury for the particular case of Bushnell, and claimed a new jury.
Judge Willson said the jury was selected for the term, and it is proper they should try all the cases.
Mr. Backus insisted that the jury had made up their minds on all the propositions, and to send the other accused to such men for trial was monstrous. He never saw a case in which the defendant had to go to a jury, which had just disposed of a precisely similar case. If forced to go into a trial before such a jury no one of the defendants would so stultify himself as to defend his case before men who had already made up their minds.
It was unheard of injustice, and an outrage on the sense of justice of the civilized world.
Judge Spalding announced the determination of the accused neither to defend themselves nor appear by attorney before such a jury. They surrendered themselves to the Court and asked that their recognizances be struck off.
On motion of the District Attorney the names of the accused were called, and the following answered to their names:
James Langston, Wilson Evans,
John Watson, David Watson,
Simeon Bushnell, Eli Boyce,
Lorin Wadsworth, James Bartlett,
Robert Windsor, Matthew Gillett,
James R. Shipherd, O.S.B. Wall,
John H. Scott, Daniel Williams,
Ansel W. Lyman, Henry E. Peck,
W.E. Lincoln, James M. Fitch,
Henry Wilson, Ralph Plumb.
The Marshal was ordered to arrest those who were not present.
Judge Willson said the prisoners (except Bushnell) might go at large on the previous amount of bail.
Belden hoped it would be on good security.
Judge Willson – ŇOn their own recognizance.Ó
Judge Willson then remarked that he would take the question of a new jury into consideration, and hear argument on Monday.
The Court then adjourned at 10 A.M. Monday.
The prisoners refuse to enter into any recognizance, and insist o remaining in the hands of the Court. The Marshal offers to let them go on their word. They have not yet accepted the offer.
The defendants are in custody of the Marshal, and are to go to Jail until Monday morning.