The Cleveland Daily Herald

Cleveland, May 4, 1859

Oberlin Rescuers.

      In the trial of Charles H. Langston, very little interest is elicited, there being no doubt on the minds of any one who heard or read the trial in the first case, but that the offence against the law was absolutely committed in letter and spirit, so that it only remains t identify, legally, the parties engaged in it. Several new witnesses have been called in the trial of Langston, and a much stronger case is made out than before. – Plain Dealer.

      It is a matter of congratulation that the Plain Dealer is not the jury in this case. That paper may speak for itself, but when it says that there is no doubt about the guilt of the defendants, it speaks what it does not know. We believe, sincerely believe, that the people Oberlin and Wellington were aroused by the firm conviction that john had been kidnapped; every movement of the Kentuckians and officers but fastened deeper that conviction and from first to last there was no legal authority shown to that crowd for holding John.

      When the Plain Dealer talks about this case being a stronger one than the last, it does not know, perhaps, that there is such a thing as proving too much; it may learn that before this case is finished.

      The Plain Dealer further says:

      In the testimony of Jacob K. Lowe, Deputy Marshal of Columbus, it appears that to get rid of a financial responsibility in case the fugitive was rescued, he formally surrendered John to Jennings, to be held by power of Attorney.

      Yes! and it appears that three hours after Lowe swears he delivered up John to Jennings and but fifteen minutes before the negro was rescued, he, Lowe, claimed to hold him under the warrant, and under that alone. (See Testimony.)

      The least said about the testimony of Lowe and Davis, the better; never was a greater mistake made than the introduction of these men on the stand, for the only charitable construction that can be put on their testimony is that they stultified themselves.

Rescue Case – Trial of Langston.

NINTH DAY – AFTERNOON SESSION.

      Davis was on the stand. – There was no agreement between witness and Jennings that witness and Lowe were to have $100 if they caught the negro; he was to have $2 a day expenses paid. The business on which we were was not divulged at Oberlin. Question, Was it an arrangement with those who went for John that you should keep the object of your mission secret until you got your hands on John. Answer, There was no arrangement made before we got to Oberlin. We were told that a negro could not be got out of Oberlin and we laid our plans to get John away; what we heard prevented us from making any enquiries about John; Sunday there were a great many students coming into Wack’s getting segars, &c.; the first witness heard that a negro could not be got out of Oberlin was on Sunday. (Here the witness got into a snarl, which he could not unravel). Witness was acting under Jennings under his Power of Attorney; was not acting under Lowe; witness was working under Jennings; saw Lowe’s warrant but did not know anything about them; believe the darkey was taken into Jennings custody after they got into the upper room; don’t know what reason witness has for supposing he was delivered up to Jennings; did not hear anything said about changing the custody of John from Lowe to Jennings; witness was not out of the room from the time they first went in until the rescue, except when he went out on the plat form.

      Prosecution here rested.

      Witnesses for defence were called.

      D.S. Kinney, sworn. – Was at Oberlin and Wellington on the day referred to. (This witness testified in the Bushnell case for the prosecution. His testimony was the same as given in the other case). This witness testified distinctly that the supposition at Oberlin was that John had been kidnapped, and that the people went to Wellington with that idea.

      J.H. Dickson, sworn. – Mr. D. testified in the other case and therefore we do not give his evidence in full. Mr. D. is a lawyer at Wellington. Dickson went into the room where Lowe and others and the negro were. Lowe introduced himself as a Marshal, he drew from his pocket his warrant, and witness examined it. (Witness examined the warrant, which was handed him and said he presumed that was the warrant). Witness said to Lowe there was no seal on the warrant, and Lowe said that was not necessary, that eh Commissioner who issued it was a very good lawyer; witness had some conversation with Jennings and Mitchell about buying John. In that conversation there was something said about the owner of the slave, but there was nothing said about having legal authority from his master, there was no other paper shown there, nothing about the Power of Attorney; witness asked for their authority and Lowe pulled out the warrant; there was nothing said about Lowe’s having delivered the slave up to Jennings; nothing was said, so far as witness knows about eh Power of Attorney by them in the room or by the crowd around witness; had no conversation with Mitchell about any paper.

      Isaac Bennett, sworn. – This witness testified in the other case. This witness was shown the warrant by Lowe who said he was a Marshal and had John under arrest; the Power of Attorney was shown as witness supposed as showing the authority for issuing the warrant: not a word was there said about holding John on any paper except the warrant; there was nothing said about Lowe’s delivering John up to Jennings; witness never heard of such a thing until in this Court room. When Lowe went down and read a paper to the crowd witness was about six fee from Lowe; there was but one paper shown, or read and that the witness understood was the warrant; Lowe commenced reading but Patton finished reading it; the reading of this paper was ten, fifteen or twenty minutes before John was rescued; witness never heard until these trials that John was held on a Power of Attorney. Langston was there, and said it was better to take legal measures, and proceeded regularly.

      (The testimony of Esq. Bennett was as before given. He was not one of the rescuers and was utterly opposed to any force, was there as a peacemaker, and in the room merely to examine into the legality of John’s arrest, by request. – He swears right directly the opposite of the Kentuckians, and Lowe about the Power of Attorney, as also did Dickson; the testimony of these men will be believed, or justice has fled and the truth is of no account.)