Staid at the General's till dusk. Then went back to Wack's, and staid all night. This was Sunday. Don't remember whether I read the Bible much that day. Boy came down Monday and tried nigger, etc. Told him to tell John he had gone to the blacksmith's for his horse, and come up and tell me whether he had fixed up the second arrangement. When he come and told me the bargain was made, I told Lowe and Mitchell and Davis, that they had better fix up and go on. I had promised the boy $20, if he would get either John or Frank. They went, and the boy come back and told me they had got him. He was gone about three quarters of an hour. Paid him the $20, got dinner and went to Wellington, and there found John.

The

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 a pull and came back into the house. crowd had stopped him from saying that he wanted to back. They told him to jump down, they would protect him. I heard them say he should n't go back. I said nothing to the crowd. Mitchell and Lowe went out with me on the platform. Don't recollect that they said any thing. The power of attorney and the warrant were shown.... Told them that come into the room, that I was going to take him to Columbus, to have him tried, and that they might send a committee, etc., and that if I could not show that I had a right to take him, we would let him go. Some of them said they could n't let him go thar, it was too far South. Both the warrant and the power of attorney were shown in both rooms. I talked very freely about them; thought that was the way to succeed. I went further and told them I would sell the nigger. Some man asked me what I would take for him. This was the lawyer. Isaid $1,400. He said that was more than he would bring in Kentucky. He said that was too high. I told him I knew better. Mitchell suggested to let them have him for $1,200. They did not propose to pay the money. A man in the crowd said, "there's a chance now to buy the nigger." He said he would pay $5; another man said he would pay five cents. That's the last I heard of the purse.

At Wellington told John I had a power of attorney for him. [The COURT ruled that unless it was shown that defendant Langston was present at this interview, or what passed in it was brought home to knowledge of defendant, it would be obliged to hold it incompetent. DISTRICT-ATTORNEY proposed to show this. The COURT said if he failed to show it, this part of the testimony would be ruled out.] Persons in upper room asked if John was a fugitive, and they were informed that he was. Asked if he was a fugitive servant from Kentucky. All persons in the room were thus informed. Showed the power of attorney. The lawyer and others read it, and I explained it to them. Told 'em they might talk to the nigger. They did.

Several came into the lower room. I don't recollect that I showed the power of attorney in the lower room. Mr. Wheeler came in and asked questions. This was on the lower floor. He asked the nigger if he was a fugitive. Said he was. He then asked him to whom he belonged. He said to Bacon. He said to Bacon. Asked him if he wanted to go back. John said he did want to go back. Wheeler asked him if he knew us (me and Mitchell). He said he did.

They were working at the door for some time. I concluded at last that I would not let any more in. I held the door. The nigger was in the room, myself, and some others also. They undertook to get me away from the door. They struck through the stove-pipe hole; it went through my hat hurt my head some. [Hat exhibited.] Should have fell had it not been for the rope. Don't know what they struck with. A short time after this Lowe came to me and told me it was not necessary to hold on any longer. They were putting up a ladder to the building. I looked around. The window was fastened. Patton came and spoke to me. I directed the seizure of John at Oberlin. I had charge of him at Wellington. Saw defendant in the upper room that evening. He had no arms. This was half an hour before the Don't recollect who he talked with, except with Lowe. The latter asked him to assist him in preventing them from taking John away. He refused to do it, and said we might just as well give him up, as they were determined to have him. He said, we are determined to have

He said Mitchell lived close neighbor to his master Bacon. Wheeler said he believed that, if he would make that statement on the platform, the crowd would let him go; he thought they certainly would let him off and not inter-rescue. fere. We took him out; this was from the lower room. This was about an hour, or an hour and a half after I arrived about three o'clock, or half past three. I consented, and he got up and walked out. I went with him. The

him. Don't think he staid in very long. Don't know whether any thing was said in his hearing about the authority by which John was held. Didn't hear all that passed between him and Lowe.... Eight or ten were in the room; Watson among them.

we had better give him up, if they would agree not to hurt us. Lowe did command several persons to assist him, as United States Marshal, to execute his papers.

I had my power of attorney in my pocket when Lowe and Davis went to take John. I Cross-examined. Knew John, but didn'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 him 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 glad ing, 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. Me- 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 when I wrote for one. 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 Iriz 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 would give him and Davis a hundred dollars. This was for both between 'em. I offered him this because I knew perfectly well that Bacon would pay all expenses. He never has paid me any thing. Made arrangement with Shakespeare on Sunday. Heard what Belden said about my piety. Don't often do business on Sunday. Did this on Sunday, for fear the nigger might be off. Didn't say a word to Boynton about my business till after I had made the arrangement with the boy. Never offered the old man any thing for his help. Watson and another yaller negro come tarin' up in their buggy, with a gun a-piece. Did n't see more than them two in the buggy. Did not say on the other trial that Watson was the only man I could identify that was there. Soon after we got there, Lowe come and told me he wanted me to take charge of the negro; he had had no charge of him on the road, though always acting under me. Everybody was shown the power of attorney and warrant both. Scrimgeour and another fellow come in and tried to get the nigger out while Lowe was in the crowd reading his warrant. Never said I was the owner of the nigger. Lowe did say to me that

Took it out of my pocket, and showed it to him. John could not read. Heard the boys say they had showed John the warrant on the road. I asked John if he was willing to go with us. He said he was. Did not tell John that he would be sold after he got home. Inquired of him after my nigger. Said he did not believe he had been to Oberlin. Then others kept coming in. They all saw the power of attorney and the warrant. There was not a man that came in there, but that knew of the warrant and the power of attorney, and understood all about it. I told them I was acting under my power of attorney. I did not hear Lowe say that he had the nigger by virtue of a warrant. He told Scrimgeour that we had him; then pointed to me and told him I had a power of attorney. He also said he had a warrant. Did not tell what he was doing with it. Dickson came in. Lowe told me he wanted to see our papers. I pulled out my power of attorney, and Lowe his warrant. Lowe took out his first. Cannot recollect what he said. Showed him his warrant, and then told him about me. We wanted him to know just how we held the nigger. I told him I had him by the power of attorney. Lowe did not tell how

he had him. This was after John went on to the platform. Wheeler had been in and questioned him before going out on the platform. John said several words out there. I swore that John did not say what he went out to say. Wheeler said if John would go out and tell the crowd what he had told Wheeler, they would let him go. John said that his master had sent for him; that they had the papers for him, and he thought he would have to go. A nigger pointed a gun at him, and cocked it. I did not know but he was going to shoot me. I pulled him in. Patton was in before and after this too. I showed him my power of attorney. Don't remember about Squire Howk. I showed my power of attorney to a good many. To Bennett, to Patton, and to Dickson. Lowe went out with the papers-took the power of attorney and warrant both. Meacham told him the crowd wanted to see his papers. Lowe did not want to go. Patton and Meacham told him they would protect him.

After Lowe started, two men came to the door and knocked. I asked how many were there. They said "two," and I let them in. One had spectacles on. They went back by the nigger and took hold of him and led him down by the door. I asked what they were going to do with him. They said they were going out. I told them "not with that nigger." Told them if they wanted to go out they could go. They then requested us to show our papers; by what authority we held the negro. I did not tell him at all that I held him by virtue of a warrant. I turned them round and told them " papers or no papers they could not take that nigger out o' that room." This was in the upper room. It was getting pretty well towards night. Lowe got back before the negro was taken away. I did not tell Scrimgeour any thing about the papers. He knew perfectly well that we had the power of attorney and the warrant. They did not ask me to go out. They asked Lowe to go out. I would not have gone. Patton came to the door and wanted to go out. I slacked the rope to the door and let him go out and then they made a rush. Would not have opened the door except to let Patton out. Eight or ten in all got into the window before the negro got away. I discovered the men getting in the window soon after the glass broke. They surrounded the nigger and hustled him out. Think Langston come in with the crowd by the door. I saw it was no use and let the door go. I did not tell Patton that I was the owner of the negro. Saw Langston there about half an hour before the rescue. Don't know as he was there more than once. The only time saw him to notice him was when Lowe was there. Patton was in the most of the time. Lowe had sent for Langston. Don't know what he sent for him for. Lowe asked Langston if

he would assist us. He said he would n't do it; said we might as well give him up, as they were bound to have him. If Lowe said they might have John if they would let us alone, it was after John was gone. During the conversation Lowe and Langston were in the room where John was. Think Lowe did proclaim himself a United States Deputy-Marshal, that he had a warrant and ordered them to assist him in executing his papers. He showed them the power of attorney and the warrant. Don't remember who he called upon to help him execute the power of attorney. A brick-maker was called upon by the marshal to assist him in carrying out the law. Did not hear him say that he had a right as marshal to call for assistance.. All the conversation to which I have referred occurred in the room where John was. Won't state that Lowe did not take any of them into another room. Think he did not. Did not say to Scrimgeour that Lowe held John by virtue 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 door at the time John was taken out. Wouldn't swear positively that Langston was there. Lowe called Langston in to see the papers. I thought he was a lawyer. Langston said, "you might as well give the negro up, as they are going to have him any way." He did not tell Lowe he would not interfere. I think me and Patton and Mitchell and Lowe and Davis were there. Think this was the first time that Langston was there.

Richard P. Mitchell. ... I was put in possession of a power of attorney for Jennings. This is the paper. I was along when this power of attorney was executed. Cochran had an addition made to it after it was made out. Bacon was there, and Loyd. The addition was put to it by the deputy, by the direction of the clerk, Cochran. John is a full blooded negro. I took the power of attorney to Oberlin and gave it to Jennings when he came. I arrived at Oberlin on the 6th of September. It was Monday night. Jennings got there Wednesday night, the 8th. I saw John there before Jennings arrived. Saw him pass Wack's house. I knew him. Was satisfied it was him. Had no conversation with him then. The next morning after Jennings arrived he left for Columbus. He got back Friday night. He staid until some time in the day, Saturday. Then he and Lowe went into the country. I staid at Wack's. They came back Sunday evening to Wack's, after dark. Don't know what time it was. I staid there until between eleven and one o'clock on Monday.

[The DISTRICT-ATTORNEY informed the Court that unless Prof. Peck desisted from suggesting questions to the opposite counsel he should order him back to jail. Mr. BACKUS begged the gentleman to quiet his fears, for 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.]

Found the boy a mile and a half, or a mile and three quarters from Oberlin. He was in a buggy with Shakespeare. Davis took hold of him first. Davis, Lowe, and I were along. We put him in the carriage in the back seat with me. Lowe drove. I knew John then. I talked with him about Kentucky.

[The COURT ruled that for the purposes of testimony, all persons whether black or white must be regarded as persons; and since the words of third parties were not evidence, the District-Attorney could not ask what John said.]

Took him to Wellington. Got there about two o'clock, P. M. Took dinner at Wadsworth's Hotel in Wellington.

power of attorney was shown to a number of persons. I cannot say that any individual was asked to go out and inform the crowd. I was in the room all the time, from the time I first went in until the negro was rushed out. I thought Mr. Jennings had the management of John at Wellington.

[After the examination of Mitchell was finished, Deputy-Sheriff Whitney, of Lorain county, stepped forward and arrested Jennings and Mitchell on a warrant issued from Lorain Common Pleas against them, upon an indictment found in that County for kidnapping. The United States Deputy-Marshal then stepped forward and exhibited a Bench Warrant, by virtue of which the two were held in custody of the Marshal for the purpose of having them as witnesses on these trials.

Mr. Thayer, as counsel for the Lorain County officers, stated to the Court that the arrest was made subject to the claim of the Court, and he asked this Court to order, when the witnesses should be discharged, that they be delivered into the custody of the Lorain Sheriff. The Court said it would take the matter under advisement. visement. The Lorain Deputy-Sheriff made the arrest and, with his assistants, took seat beside Jennings and Mitchell within the bar circle. There the matter rested, and the trial proceeded.]

Mr. Wack, the tavern-keeper at Oberlin, was then called.

Chauncey Wack. Live in Oberlin. Did in September last. Saw something of a gathering at Oberlin on the 13th of September. There were a hundred in the crowd; twelve or fifteen guns. This was at one o'clock. Know defendant. Did not see him in Oberlin at all. Did not see him start for Wellington. Saw eight or ten start for there. I went. Got there at half past two. A great many arrived at Wellington after I did but few preceded me. Saw Langston at Wellington in the crowd before Wadsworth's Hotel. First saw him there, some time before the Rescue. Think about 4, P. M. Moving around in the crowd. Did not hear him say any thing. He was moving around like the rest of the crowd. When I first saw him he was on the ground. There were from three hundred to four hundred in the crowd, right about the building.

Left Jennings at Oberlin. Saw him next at Wellington, after dinner, up in the room in the second story. He came into the room. John got up and shook hands with Jennings. Jennings had been there but a little while when he said, he did n't like that room-it was too open. it was too open. He got one in the attic. We were in the same room about half an hour after Jennings arrived. Then he took us to the upper room. A good many persons came into that room. Don't know whether they belonged to the crowd or not. Cannot say whether defendant was there or not. A man came into the upper room that was called Langston, but I don't recognize him. Don't know whether it was defendant or not. Don't know whether he saw the power of attorney or not. Heard no conversation between him and Lowe. We were in the upper room about two hours. John was taken out into the porch before going up. Jennings, Lowe, myself, and Davis went out with him. Said he was going home that his master had sent for him, and that he was going home, that they had the papers for him, and he had got to go, or was going. There was a large crowd there. Cannot tell what they were saying. Some were excited. Nothing was done to John or the rest of us by the crowd. Saw no guns pointed. Some one called to John and asked him if he wanted to go home. John said, it did not make any difference whether he 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. 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. bar. Marshal Johnson replied that Mr. Lowe

was his deputy, appointed that afternoon, and
had a right to remain within the bar circle.
The trial again proceeded.]

This speech of Patton's was after the train had passed. It was but a little while after this that I saw the rush to take him out. Saw Langston on the balcony above. Did not see him in the rush. It was not five minutes after this that John came down stairs. The crowd cheered some threw up their hats. Did not hear defendant say any thing. Saw him moving about in the crowd like the rest of them. Did not see him at the meeting after

the rescue.

brought back. Don't remember any thing else that was said. A remark was made that he should not call names. Was there but a short time. Think Langston was through before I left the meeting. I was there fifteen minutes or thereabouts. Saw some of the crowd that went to Wellington that day. Was there about 1 o'clock. Did not see defendant there. Some of the persons at Oberlin had arms. Don't know whether defendant lived in Oberlin then. The meeting was held on the corner of the square. There might have been thirty or forty there. Cannot tell what time in the evening, but it was a little after dark. Have not seen John since some time before he was captured.

Norris A. Wood. Live at Oberlin. Have for three or four years. Am acquainted with defendant. Have been a year or two. He has made it his home at his brother John's most of the time. Think he was in Oberlin on the 13th of last September. Saw him in Wellington that day; am not certain as to seeing him at Oberlin. It was the middle of the afternoon or after, that I saw him at Wellington. When I saw him the first time, it was between the buildings leading to the barn, in the alleyback of the main part of the house. I and another man (Marks, I think), were sitting on a box when he came up and shook hands. The crowd was all around the house. Guards were stationed at all the corners. Some were armed, some were not.

Cross-examined. Knew Langston in 1844 and 1845. Knew him well. I could distinguish him at that distance. It was about 4, P. M. that I first saw Langston. John had made his speech before this. The speech was made soon after we got to Wellington. Saw defendant do nothing except move 'round. Saw defendant once on the balcony, but whether it was at the time Bennett was there I cannot say. Did not see defendant at either time the rush was made. Patton wanted them to go to Elyria to get a writ of habeas corpus. He was the only one I distinctly heard recommending this. Did not hear many others recommend going to Elyria for papers, but urging that the papers were right. Heard John Copeland and Jerry Fox say they did not care for papers, they'd have him any how. Heard similar threats from twenty. Don't know who 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, 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 not see Jennings there. I was in among the guns and could not see well. The crowd were excited. Some of them said John had come out to say he wanted to go home. I noticed Davis with John on the balcony, but no one else. Should n't think John had got through with his speech from his appearance. John Copeland called to John not to say any thing. I thought Davis put his hand on him and he went in. I got there at 2, P. M. Was moving 'round. Did not stay long in one place.

George W. Ells. Live in Oberlin. Have for eight or ten years. Remember the time John is said to have been rescued. Was at the meeting held that night. Think likely I saw the defendant there. Heard his voice. Various topics were spoken of. Don't know but I heard him say something about what had been done at Wellington. Said the slave was

some

rear. I was there when the general rush was made on the back side of the house. This was fifteen to thirty minutes before the rescue. I won't be certain whether Langston went in or not, but he was there on the platform. Willson Evans, John Copeland, etc., were there. Fay, I understand now, was the man that stood at the door. They were as thick as they could be on the stoop. Defendant was in the crowd. Won't say he went in. The crowd were urging the man at the door to let them go in. Some were coaxing, some said they would go in, some said they would shoot, some said they would shoot the crowd. These were those at the door. Langston was with three or four persons back from the door. W. Evans, John Copeland, and Jerry Fox were right in the gangway. Defendant was back three or four persons from the door. Don't know as I can name any others. Evans took hold of the man