« AnteriorContinuar »
to asking his father about going to town early platform was over the front door. There was Monday morning, and looked so smart I thought a big crowd; near one thousand. A good many I would try him. So I followed him out doors men armed. I saw forty or fifty armed with by the gate, and told him my business, and guns, rifles, shot guns. Saw no revolvers. John offered him ten dollars if he would get John commenced telling what he had said in the out, and ten more for Frank. He said he house ; he mentioned that they had the papers would try. Then I thought I ought to speak for him, and he reckoned he would have to go to the old man about it and see if he approved. back. Some one hollered from the crowd, “you He (old man) said Shakespeare was capable to will have to go back, will you ? we 'll see about manage his own business, and he and me could that!” I did not know him. Just then, saw a fix it up between us.
negro point his gun. I stepped back, gave John Staid at the General's till dusk. Then went a pull and came back into the house. The back to Wack's, and staid all night. This was crowd had stopped him from saying that he Sunday. Don't remember whether I read the wanted to back. They told him to jump down, Bible much that day. Boy came down Mon- they would protect him. I heard them say he day and tried nigger, etc. Told him to tell should n't go back. I said nothing to the crowd. John he has gone to the blacksmith's for his Mitchell and Lowe went out with me on the horse, and come up and tell me whether he had platform. Don’t recollect that they said any fixed up the second arrangement. When he thing. . The power of attorney and the come and told me the bargain was made, I told warrant were shown. .
Told them that come Lowe and Mitchell and Davis, that they had into the room, that I was going to take him to
I had promised the Columbus, to have him tried, and that they boy $20, if he would get either John or Frank. might send a committee, etc., and that if I could They went, and the boy come back and toll not show that I had a right to take him, we me they had got him. He was gone about would let him go. Some of them said they three quarters of an hour. Paid him the $20, could n't let him go thar, it was too far South. got dinner and went to Wellington, and there Both the warrant and the power of attorney found John,
were shown in both rooms. I talked very freeAt Wellington told John I had a power of ly about them; thought that was the way to attorney for him. [The Court ruled that un- succeed. I went further and told them I would less it was shown that defendant Langston was sell the nigger. Some man asked me what I present at this interview, or what passed in it would take for him. This was the lawyer. I said was brought home to knowledge of defend- $1,400. He said that was more than he would ant, it would be obliged to hold it incompe- bring in Kentucky. He said that was too high. tent. DISTRICT-ATTORNEY proposed to show I told him I knew better. Mitchell suggested this. The Court said if he failed to show it, to let them have him for $1,200. They did not this part of the testimony would be ruled out.] propose to pay the money. A man in the Persons in upper room asked if John was a crowd said, “there's a chance now to buy the Asked if he was a fugitive servantfrom Kentucky: man said he would pay five cents. That's the
The Mother All persons in the room were thus informed. last I heard of the purse. Showed the power of attorney. The lawyer They were working at the door for some time. and others read it, and I explained it to them. I concluded at last that I would not let any Told 'em they might talk to the nigger. They more in. I held the door. The nigger was in did.
the room, myself, and some others also. They Several came into the lower room. I don't undertook to get me away from the door. They recollect that I showed the power of attorney struck through the stove-pipe hole; it went in the lower room. Mr. Wheeler came in through my hat-hurt my head some. [Hat and asked questions. This was on the lower exhibited.] Should have fell had it not been floor. He asked the nigger if he was a fugitive. for the rope. Don't know what they struck Said he was. He then asked him to whom he with. A short time after this Lowe came to me belonged. He said to Bacon. Asked him if and told me it was not necessary to hold on any he wanted to go back. John said he did want longer. They were putting up a ladder to the to go back. Wheeler asked him if he knew us building. I looked around. The window was (me and Mitchell). He said he did.
fastened. Patton came and spoke to me. He said Mitchell lived close neighbor to his I directed the seizure of Jolin at Oberlin. I master Bacon. Wheeler said he believed that, had charge of him at Wellington. Saw deif he would make that statement on the plat- fendant in the upper room that evening. He form, the crowd would let him go; he thought had no arms. This was half an hour before the they certainly would let him off and not inter- rescue. Don't recollect who he talked with, exfere. We took him out; this was from the cept with Lowe. The latter asked him to assist lower room.
This was about an hour, or an him in preventing them from taking John away. hour and a half after I arrived -- about three He refused to do it, and said we might just as o'clock, or half past three. I consented, and he well give him up, as they were determined to got up and walked out. I went with him. The I have him. He said, we are determined to have him. Don't think he staid in very long. Don't we had better give him up, if they would agree know whether any thing was said in his hear- not to hurt us. Lowe did command several ing about the authority by which John was held. persons to assist him, as United States Marshal, Did n't hear all that passed between him and to execute his papers. Lowe..... Eight or ten were in the room; I had my power of attorney in my pocket Watson among them.
when Lowe and Davis went to take John. I Cross-examined. Knew John, but did n't told Lowe of the arrangement I had made know whose son or grandson he was. He was with the boy, and wanted him and Davis to go some five feet six to eight inches. Was a on and take him, and I would stay and settle the thrifty boy. Never saw Prof. Peck till I saw bills, and meet them at Oberlin. They did not Chim here. Heard of him before -- he wrote me take dinner before they left. I left, I judged, a letter in the newspaper. Have n't answered at about one o'clock in the afternoon. I did it yet. Don't know as I shall
. Heard my boy not suppose Shakespeare would tell. I drove Henry was at Elyria ; got there, and heard he along pretty free. Think I was an hour and a had gone to Painesville. Went there and half on the road. Fifty people were there found a worse place than Oberlin. Never see when I got there from Oberlin. The crowd so many niggers and abolitionists in any one collected mighty fast after I got there. I did place in my life ! Dayton was with me. They swear that I had difficulty in getting up stairs give us twenty minutes to leave, and then when I first got there. Mr. Smith met me near would n't allow us that! There was a crowd of the stable, and commenced talking to me. I fifty or sixty, armed. Might as well try to hunt dare not talk to him. Saw the crowd gatherthe devil there as to hunt a nigger. Was glading, and I thought if I could get the negro out to get away as fast as I could. Kept very close of the crowd, I would slip him off. I did not at Oberlin. Did n't tell my business to many. go to Smith. I stood several minutes, ten or Dayton and Warren were at my room. MC- fifteen minutes, before I went into the tavern. Millen had a power of attorney to take John I stood there until the old man Watson came
Don't know whether tearing along. He and another nigger; each Bacon knew he had one or not. S'pose Mc- had a gun. I then went into the house. Had Millen went and got it for his own use, without difficulty in getting into the house. Don't Bacon's knowledge. Wrote for one for myself, know that I heard the word “kidnappers” that because I had nothing to do with his power of day. Sheriff came then to arrest us. Did not attorney. Went to Columbus to get some help. say it was for kidnapping. Our own party Thought I'd need all the help I could get
. were in the room, and a good many others Tried to get help from Dayton, but he refused. cannot state who. The door was shut. I This was before we went to Painesville. Went called. Lowe came to the door. Don't know to Columbus for Lowe because I knew him. whether he had to unfasten it. Saw John. He Lowe told me I'd best get a warrant. So I riz up and met me. Called my name first. I did. Told Lowe I'd pay his expenses up to told him I had a power of attorney for him. Oberlin, and if we got any of the niggers
. I Took it out of my pocket, and showed it to would give him and Davis a hundred dollars. him. . John could not read. Heard the boys This was for both between 'em. . I offered him say they had showed John the warrant on the this because I knew perfectly well that Bacon road. I asked John if he was willing to go would
all expenses. He never has paid me with us. He said he was. Did not tell John that any thing. Made arrangement with Shake- he would be sold after he got home. Inquired speare on Sunday. Heard what Belden said of him after my nigger. Said he did not beabout my piety. Don't often do business on lieve he had been to Oberlin. Then others Sunday: Did this on Sunday, for fear the nig- kept coming in. They all saw the power of ger might be off. Did n't say a word to Boyn- attorney and the warrant. There was not a ton about my business till after I had made the man that came in there, but that knew of the arrangement with the boy. Never offered the warrant and the power of attorney, and underold man any thing for his help. Watson and stood all about it. I told them I was acting another yaller negro come tarin' up in their under my power of attorney: I did not hear buggy, with a gun a-piece. Did n't see more Lowe say that he had the nigger by virtue of than them two in the buggy. Did not say on a warrant. He told Scrimgeour that we had the other trial that Watson was the only man I him; then pointed to me and told him I had a could identify that was there. Soon after we power of attorney. He also said he had a wargot there, Lowe come and told me he wanted rant. Did not tell what he was doing with it. me' to take charge of the negro; he had had no Dickson came in. Lowe told me he wanted to charge of him on the road, though always act- see our papers. I pulled out my power of ating under me. Everybody was shown the pow- torney, and Lowe his warrant. Lowe took out er of attorney and warrant both. Scrimgeour his first. Cannot recollect what he said. and another fellow come in and tried to get Showed him his warrant, and then told him the nigger out while Lowe was in the crowd about me. We wanted him to know just how rea:ling his warrant. Never said I was the we held the nigger. I told him I had him by owner of the nigger. Lowe did say to me that the power of attorney. Lowe did not tell how
he had him. This was after John went on to he would assist us. He said he would n't do it; the platform. Wheeler had been in and ques- said we might as well give him up, as they tioned him before going out on the platform. were bound to have him. If Lowe said they John said several words out there. I swore might have John if they would let us alone, it that John did not say what he went out to say. was after John was gone. During the converWheeler said if John would go out and tell the sation Lowe and Langston were in the room crowd what he had told Wheeler, they would where John was. Think Lowe did proclaim let him go. John said that his master had sent himself a United States Deputy-Marshal, that for him; that they had the papers for him, and he had a warrant and ordered them to assist he thought he would have to go. A nigger him in executing his papers. He showed them pointed a gun at him, and cocked it. I did not the power of attorney and the warrant. Don't know but he was going to shoot me. I pulled remember who he called upon to help him exhim in. Patton was in before and after this ecute the power of attorney. A brick-maker too. I showed him my power of attorney: was called upon by the marshal to assist him in Don't remember about Squire Howk. I showed carrying out the law. Did not hear him say my power of attorney to a good many. To that he had a right as marshal to call for assistBennett, to Patton, and to Dickson. Lowe ance.... All the conversation to which I have went out with the papers - took the power of referred occurred in the room whère John was. attorney and warrant both. Meacham told Won't state that Lowe did not take any of them him the crowd wanted to see his papers. Lowe | into another room. Think he did not. Did not did not want to go. Patton and Meacham told say to Scrimgeour that Lowe held John by virhim they would protect him.
tue of a warrant. Had not been in the room | a great while before I took him to the garret. Don't know how long. It strikes me that I saw
defendant in the crowd that came in at the After Lowe started, two men came to the door at the time John was taken out. Wouldn't door and knocked. I asked how many were swear positively that Langston was there. Lowe there. They said “two," and I let them in. called Langston in to see the papers. I thought One had spectacles on. They went back by he was a lawyer. Langston said, “ you might the nigger and took hold of him and led him as well give the negro up, as they are going to down by the door. I asked what they were go- have him any way." He did not tell Lowe he ing to do with him. They said they were going would not interfere. I think me and Patton out. I told them “not with that nigger.” Told and Mitchell and Lowe and Davis were there. them if they wanted to go out they could go. Think this was the first time that Langston was They then requested us to show our papers;
. there. by what authority we held the negro. I did Richard P. Mitchell. . . I was put in posnot tell him at all that I held him by virtue of session of a power of attorney for Jennings. a warrant. I turned them round and told This is the paper. I was along when this power them “papers or no papers they could not take of attorney was executed. Cochran had an that nigger out o' that room.” This was in the addition made to it after it was made out. Baupper room. It was getting pretty well towards con was there, and Loyd. The addition was night. Lowe got back before the negro was put to it by the deputy, by the direction of the taken away. I did not tell Serimgeour any clerk, Cochran. John is a full blooded negro. thing about the papers. He knew perfectly I took the power of attorney to Oberlin and well that we had the power of attorney and the gave it to Jennings when he came. I arrived warrant. They did not ask me to go out. They at Oberlin 'on the 6th of September. It was asked Lowe to go out. I would not have gone. Monday night. Jennings.got there Wednesday Patton came to the door and wanted to go out. night, the sth. I saw John there before JenI slacked the rope to the door and let him go nings arrived. Saw him pass Wack's house. I out and then they made a rush. Would not knew him. Was satisfied it was him. Had no have opened the door except to let Patton out. conversation with him then. The next mornEight or ten in all got into the window before ing after Jennings arrived he left for Columbus. the negro got away. I discovered the men get- He got back Friday night. He staid until some ting in the window soon after the glass broke. time in the day, Saturday. Then he and Lowe They surrounded the nigger and hustled him went into the country. Istaid at Wack’s. They out. Think Langston come in with the crowd came back Sunday evening to Wack's, after by the door. I saw it was no use and let the dark. Don't know what time it was. I staid door go.
I did not tell Patton that I was the there until between eleven and one o'clock on owner of the negro. Saw Langston there about Monday. half an hour before the rescue. Don't know as [The DISTRICT-ATTORNEY informed the he was there more than once. The only time Court that unless Prof. Peck desisted from sugI saw him to notice him was when Lowe was gesting questions to the opposite counsel he there. Patton was in the most of the time. should order him back to jail. Mr. BACKUS Lowe had sent for Langston. Don't know what begged the gentleman to quiet his fears, for he sent for him for. Lowe asked Langston if Prof. Peck had suggested no questions at all,
and if he had, the gentleman's sensitiveness | Saw a ladder put up to this window. The seemed rather out of place.]
power of attorney was shown to a number of Found the boy a mile and a half, or a mile persons. I cannot say that any individual was and three quarters from Oberlin. He was in a asked to go out and inform the crowd. I was buggy with Shakespeare. Davis took hold of in the room all the time, from the time I first him first. Davis, Lowe, and I were along. We went in until the negro was rushed out. I put him in the carriage in the back seat with thought Mr. Jennings had the management of
Lowe drove. I knew John then. I John at Wellington. talked with him about Kentucky.
[After the examination of Mitchell was fin[The Court ruled that for the purposes of ished, Deputy-Sheriff Whitney, of Lorain countestimony, all persons whether black or white ty, stepped forward and arrested Jennings and must be regarded as persons; and since the Mitchell on a warrant issued from Lorain Comwords of third parties were not evidence, the mon Pleas against them, upon an indictment District-Attorney could not ask what John found in that County for kidnapping. The said.]
United States Deputy-Marshal then stepped Took him to Wellington. Got there about forward and exhibited a Bench Warrant, by two o'clock, P. M. Took dinner at Wadsworth's virtúe of which the two were held in custody Hotel in Wellington.
of the Marshal for the purpose of having them
as witnesses on these trials. THIRD DAY.-- AFTERNOON SESSION. . Mr. Thayer, as counsel for the Lorain Coun
ty officers, stated to the Court that the arrest Left Jennings at Oberlin. Saw him next at was made subject to the claim of the Court, and Wellington, after dinner, up in the room in the he asked this Court to order, when the witnesses second story. He came into the room. John should be discharged, that they be delivered got up and shook hands with Jennings. Jen- into the custody of the Lorain Sheriff. The nings had been there but a little while when he Court said it would take the matter under adsaid, he did n't like that room — it was too open. visement.
it was too open. visement. The Lorain Deputy-Sheriff made He got one in the attic. We were in the the arrest and, with his assistants, took seat besame room about half an hour after Jennings side Jennings and Mitchell within the bar cirarrived. Then he took us to the upper room. cle. There the matter rested, and the trial A good many persons came into that room. proceeded.] Don't know whether they belonged to the Mr. Wack, the tavern-keeper at Oberlin, crowd or not. Cannot say whether defendant was then called. was there or not. A man came into the upper Chauncey Wack. Live in Oberlin. Did in room that was called Langston, but I don't re- September last. Saw something of a gathering cognize him. Don't know whether it was de- at Oberlin on the 13th of September. There
Don't know whether he saw were a hundred in the crowd ; twelve or fifteen the power of attorney or not. Heard no con- guns. This was at one o'clock. Know deversation between him and Lowe. We were in fendant. Did not see him in Oberlin at all. the upper room about two hours. John was Did not see him start for Wellington. Saw taken out into the porch before going up. Jen- eight or ten start for there. I went. Got there nings, Lowe, myself, and Davis went out with at half past two. A great many arrived at him. Said he was going home — that his mas- Wellington after I did but few preceded me. ter had sent for him, and that he was going Saw Langston at Wellington in the crowd behome, that they had the papers for him, and he fore Wadsworth’s Hotel. First saw him there, had got to go, or was going. There was a large some time before the Rescue. Think about 4, crowd there. Cannot tell what they were say- P. M. Moving around in the crowd. Did not ing. Some were excited. Nothing was done hear him say any thing. He was moving around to John or the rest of us by the crowd. Saw like the rest of the crowd. When I first saw no guns pointed. Some one called to John and him he was on the ground. There were from asked him if he wanted to go home. John said, three hundred to four hundred in the crowd, it did not make any difference whether he right about the building. wanted to go or not, the law was against him. [During the examination of Wack, Marshal This was all
. We then went back into the Johnson very suddenly appeared and removed lower room, but soon went into the upper room. Jennings and Mitchell from the vicinity of the Was in the room when John was taken away. deputy-sheriff of Lorain county, and placed The railroad train had passed before. The them apart from said officer, and outside the door was pushed open. Cannot tell how. A bar circle, and at the left of the judge's seat. considerable of a crowd rushed in and right out The Marshal then removed the Deputy-Sheriff again. There were in the room, then, Mande- of Lorain county, and the officers who were ville and Sciples, I think. Jennings, Lowe, with him, from the bar circle to the right of the Davis, and myself, also. Think the window Judge's seat. was broken
could not be positive. Think Mr. RIDDLE then asked if Mr. Lowe (who one or two came through the window which I was within the circle) was a member of the heard was broken. This window is in front. I bar. Marshal Johnson replied that Mr. Lowe
was his deputy, appointed that afternoon, and brought back. Don't remember any thing else had a right to remain within the bar circle. that was said. A remark was made that he The trial again proceeded.]
should not call names. Was there but a short This speech of Patton's was after the time. Think Langston was through before I train had passed. It was 'but a little while left the meeting. I was there fifteen minutes after this that I saw the rush to take him out. or thereabouts. Saw some of the crowd that Saw Langston on the balcony above. Did not went to Wellington that day. Was there about see him in the rush. It was not five minutes 1 o'clock. Did not see defendant there. Some after this that John came down stairs. The of the persons at Oberlin had arms. Don't crowd cheered some - threw up their hats. know whether defendant lived in Oberlin then. Did not hear defendant say any thing. Saw The meeting was held on the corner of the him moving about in the crowd like the rest of square. There might have been thirty or forty them. Did not see him at the meeting after there. Cannot tell what time in the evening, the rescue.
but it was a little after dark. Have not Cross-examined. Knew Langston in 1844 seen John since some time before he was capand 1845. Knew him well. I could distin-tured. guish him at that distance. It was about 4, Norris A. Wood. Live at Oberlin. Have P. M. that I first saw Langston John had for three or four years.
John had for three or four years. Am acquainted with made his speech before this. The speech was defendant. Have been a year or two: He has made soon after we got to Wellington. Saw made it his home at his brother John's most of defendant do nothing except move 'round. the time. Think he was in Oberlin on the 13th Saw defendant once the balcony, but of last September. Saw him in Wellington whether it was at the time Bennett was there that day; am not certain as to seeing him at I cannot say. Did not see defendant at either Oberlin. It was the middle of the afternoon time the rush was made. Patton wanted them or after, that I saw him at Wellington. When to go to Elyria to get a writ of habeas corpus. I saw him the first time, it was between the He was the only one I distinctly heard recom-buildings leading to the barn, in the alleymending this. Did not hear many others rec-back of the main part of the house. I and ommend going to Elyria for papers
, but urging another man (Marks, I think), were sitting on that the papers were right. Heard John Cope- a box when he came up and shook hands. The land and Jerry Fox say they did not care for crowd was all around the house. Guards were papers, they'd have him any how. Heard stationed at all the corners. Some were armed, similar threats from twenty. Don't know who some were not. said they had better wait to see whether the It was hard telling what was said in the soldiers would come. Cannot state any other crowd. The general cry was, to get the negro one person that made these threats. Did not away from the Southerners. Some threats see Lowe with Patton when he was on the were made. ... Don't know that I heard stoop. The first rush was about 4, P. M. Some which held him. Some said they had papers of the threats were about this time; some, at some that they were good for nothing the time of the last rush. Don't know that I that they kidnapped him. They had it at saw defendant before the first rush. Don't Oberlin and at Wellington, when we first got think I saw him on the balcony when Bennett there, that he was kidnapped. Some contrawas there. There were very few on the bal- dicted it some altered their minds. Did not cony with him. Defendant might have been hear any one come out and speak to the crowd. there. I thought Davis came out with John I was at the sides of the house, its front, and its when he made a speech on the balcony. Did rear. I was there when the general rush was not see Jennings there. I was in among the made on the back side of the house. This was guns and could not see well. The crowd were fifteen to thirty minutes before the rescue. I excited. Some of them said John had come won't be certain whether Langston went in or out to say he wanted to go home. I noticed not, but he was there on the platform. Willson Davis with John on the balcony, but no one Evans, John Copeland, etc., were there. Fay, else. Should n't think John had got through I understand now, was the man that stood at with his speech from his appearance. John the door. They were as thick as they could be. Copeland called to John not to say any thing on the stoop. Defendant was in the crowd. I thought Davis put his hand on him and he Won't say he went in. The crowd were urgwent in. I got there at 2, P. M. Was moving ing the man at the door to let them go in. 'round. Did not stay long in one place. Some were coaxing, some said they would go
George W. Ells. Live in Oberlin. Have in, some said they would shoot, some said they for eight or ten years. Remember the time would shoot the crowd. These were those at John is said to have been rescued. Was at the door. . . . Langston was with three or four the meeting held that night. Think likely. I persons back from the door. W. Evans, John saw the defendant there. Heard his voice. Copeland, and Jerry Fox were right in the Various topics were spoken of. Don't know gangway. Defendant was back three or four but I heard him say something about what had persons from the door. Don't know as I can been done at Wellington. Said the slave was name any others. Evans took hold of the man