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of a power of attorney, was in this Court House. ing, of any other paper. I looked over PatSaw nothing that was on the paper. Thought ton's shoulder while he read. The paper purI made out the word "Columbus," in large type. ported to be a warrant issued and signed by a Could not tell whether the paper was written U. S. Commissioner. There was no seal upon or printed. As I was passing up I heard some it. Was a law student at that time, and have one say there was no seal on their papers, so been since. On this account examined the I looked especially for that, and found nothing paper with special interest. Heard nothing like a seal. Was not with this man more than said by any one at any time about the existence a minute and a half, or so. No other conversa- of any other paper. Particularly asked some tion passed, except that I said to him, as I start- persons passing in and out of the room if they ed to go down, that I thought the crowd did knew of any other papers, and was answered not know there was any marshal. The name in the negative. Heard only one opinion in of the gentleman who took me out was not the crowd, and that was that the arrest was utmentioned in my hearing, or his official charac- terly illegal absolute kidnapping. Knew ter. Nothing was said about any other person John well. He was not to exceed five feet five having any thing to do with the custody or own-inches, at the utmost. This is my own height, ership of the boy, except the gentleman with whom I spoke.

Cross-examined. Heard no statement that there were papers until, as I was passing up, just before entering the room, some one said the papers were good for nothing, having no seal. Heard nothing of a marshal, till Seiples came to say to me that the marshal wanted to see me. Don't know who it was came to get the warrant for the arrest of kidnappers. Kept mainly on the outskirts of the crowd. Heard something about a quarrel, a colored man having snapped a gun at a white man, or some such matter; don't know what the quarrel was. Sciples, in presenting me to the gentleman in the room, barely mentioned my name, saying nothing else. Did not know, therefore, the man who took me aside, but supposed him to be the marshal, and his paper to be a warrant. But this was all supposition.

By what sort of a claim did you understand him to hold the negro?

[Counsel for defence submitted that the witness's understanding was not competent evidence.

The Court ruled that it was.]

I understood it, or supposed it to be a legal claim. Asked Esq. Bennett if he had read the papers, referring to the one paper shown me. He said he had, and guessed they were all right. Mentioned to some persons that I had seen a paper, but took no pains to spread this information in the crowd, having so bad a cold as to be unable to speak loud at all. Said nothing to the crowd.

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Direct resumed. In speaking with Esquire Bennett about the paper, I think I said, marshal's paper," having reference only to the warrant. Bennett said nothing to me of any other paper. Do not know that the crowd, as a whole, knew of any paper. The general cry of the crowd was that it was out and out kidnapping, there being no papers at all.

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and I feel sure he was no higher, and probably
not so high us myself. Am confident of this.
Know Seth W. Bartholomew. Have known
him for ten years intimately. His reputation
for truth and veracity is not as good as that of
men in general. If he had any prejudices or
personal interests in a suit, I should very much
dislike to believe him under oath.
Recess till 2 o'clock.

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Objection overruled.

heard that a man had been kidnapped, and taken toward Wellington. By kidnapping, I mean a seizure contrary to the laws of the United States. All that I heard was the simple statement that a man had been kidnapped. When did you first hear that day that John was a fugitive?

Objected to as travelling beyond the limits of cross-examination.

The Prosecution stated that it intended to use this witness to show the knowledge and opinion of the crowd. Argued.

Objection overruled. Exception taken. Q. When was it that you first learned or was informed that John was a fugitive slave?

A. I do not know; cannot remember at what time, and under what circumstances I first heard this. It is my impression, that it was not generally understood at Oberlin, that John was a fugitive slave. I went to Wellington in the regular stage plying between Oberlin and Wellington. Think there was not more than one person beside myself, and the usual

Lysander S. Butler, called. Reside at Oberlin; was at Wellington on the day of the Rescue. Was not in the room where John had been, while John was there. Was next to Lowe and Patton during the reading of the warrant. There was nothing said, in my hear-passengers on board.

When were you in the room with the negro have resided there fifteen or sixteen years. John? Knew John by sight. Knew him pretty well. He was a black, a very black negro. About

that you were in that room.

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I was not in the room. But you testified on the examination-in-chief five feet seven or eight inches high. Might weigh 130 or 140. Rather short and stout No, sir, I must have been misunderstood. built. Know Seth W. Bartholomew. Have [The learned associate of the District-Attor- the means of knowing his general reputation ney gave the witness such a "talking to talking to" as for truth and veracity. It is not as good as brought the counsel for the defence to their that of men in general. Should not want to feet to ask if witnesses had any rights in this believe him under oath. court. In making this inquiry, they were so seriously interrupted, that the Court was obliged to command silence. This was a lamentable departure from the dignity and courtesy which had heretofore characterized the bearing of the prosecution. The Court promptly enforced order.]

I said to some individuals that I thought the warrant was good for nothing. Said so, because I supposed a seal to the warrant was nec

essary.

Did you not say to the crowd that you thought the papers were all right, and the only legal relief was by a writ of habeas corpus ?

Objected to as new matter.
Argued.

Court first sustained, and then overruled the objection.

Cross-examination. Have known Bartholomew ever since I have been a resident there. His reputation has always been bad. Have heard the largest part of the inhabitants of Oberlin speak distrustingly of him. Among them Elliott, Pelton, Lowe, Beecher, Cox, and Brokaw. Some nine or ten years ago he was indicted for stealing money. He has been an apprentice of mine. These men named have spoken of him to me repeatedly as a thief and a liar. Did you not know that he was a candidate for constable at the late village election in Oberlin?

No, sir; never heard of it. But did hear that he got two votes for that office. [Laughter.] He stole ten dollars in money, and was tried before a Justice.

Brewster Pelton, sworn. Know Seth W. Bartholomew. Know his general reputation, That it is not as good for truth and veracity as that of men in general. Have known his reputation for truth and veracity to be thus bad from 1850 to the present time.

I have no recollection of ever making any such remark as my own opinion, but do remember quoting a remark like the one incorporated in the question. I quoted it to some one sitting in a buggy near the buggy in which I was then David Brokaw, sworn. Have resided in sitting. Am positive John was not over five Oberlin seventeen years. Have been Mayor feet five inches. Think he was about five feet of the village. Known Bartholomew during four inches. Have had no conversation with these seventeen years. Would not believe any individuals concerning John's height since him under oath, if he were interested or prejuthis case commenced, farther than barely re-diced. Do not know the boy John. marking on reading the testimony of witnesses who thought him five feet eight or ten, that they had set him up pretty well.

J. J. Cox, sworn. Reside in Oberlin. Have resided there twenty years. Remember the occurrences of Sept. 13th. Was not at Wellington on that day. Knew John well. Am builder by occupation. John's height was up to my ear, five feet four or five inches. Have worked and scuffled with him an hundred times or more. Am pretty sure he would not in health weigh more than one hundred and forty pounds. Know Seth W. Bartholomew. Have known him from his cradle. Lived many years in the house with him. His reputation for truth and veracity from his boyhood up, among the large majority of the people of Oberlin,

has been bad.

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Clark Elliott, sworn. Do not know John. Have known Bartholomew thirteen years. Would not believe him under oath, if likely to be interested or prejudiced.

A. N Beecher, sworn. Resided in Oberlin twelve years. Am Mayor of the village. Know Bartholomew. It would depend entirely on circumstances whether I should believe him under oath.

Dr. H. A. Bunce, sworn. Resided in Oberlin five years. Known Bartholomew five years. His reputation for truth and veracity is not as good as that of men in general.

Dr. H. Johnson, sworn. Am a physician. Have resided in Oberlin thirteen and a half years. Remember the incidents of September 13th last. Knew nothing of the crowd until after the return from Wellington. About 3 in the afternoon was going in the outskirts of the village to visit a patient, when a man met me going toward the centre of the village, and said that a negro had just been kidnapped.

What was the state of the public mind at this time with reference to the apprehended arrest or seizure of negroes?

Objected to as irrelevant.

Objection sustained. [The Court had previously repeatedly ruled in precisely this character of testimony.]

O. S. B. Wall affirmed. [Though a colored man, Judge WILLSON, forgetful of the Dred Scott decision, decided him to be a perfectly competent witness.]

Am resident of Oberlin. Have been since '53. Native of North Carolina. My father was a very extensive slaveholder. Knew the colors by which people of color were classified. There were black, blacker, blackest. [Laughter.] Then copper color, which is about the color of hemlock tanned sole leather. [Laughter.] Then there are dark, lighter, and light mulatto. Knew John very well. He was a decidedly black negro. Not over five feet and a half, and probably not over five feet four or five inches. His weight on the 13th of September last could not have been over 125 or 130. Defence rested.

Defence asked leave to make three arguments. The Court refused.

At the request of the prosecution, the Court adjourned till the next morning at 9 o'clock.

SEVENTH DAY.- 9, A. M.

The prosecution resumed the examination of witnesses. Witnesses sworn.

Norris A. Wood, recalled. Have lived in Oberlin three or four years. Know Seth W. Bartholomew somewhat. Have had a good deal of deal with him since I have been there. Have taken his reputation for truth and veracity to be good. Would believe him under oath. Was at Wellington. Know L. S. Butler. Saw him at Wellington. Heard him say something about the papers. He came to me and I asked him what they was a going to do, and he said they could n't do any thing there. He said the papers was right; they'd got to go to Elyria and get a writ of habeas corpus to take John away from them. He wanted to get a horse and buggy of me, and I told him I had n't got any there. I come with Mr. Marks. He turned right about and went to Mr. Marks, who was standing about ten foot from me. This was about half an hour or more before the Rescue. Cross-examined. I put up a ladder to go up by and see the fun. Expected there would be shooting up there, and wanted to see it. This was but a very few minutes before John was taken out. Should not think it was more than five minutes. This was about three quarters of an hour after my conversation with Butler. Will swear positively to this.

M. P. Gaston, called. Resided in Oberlin twelve years. Have known Seth W. Bartholomew ever since I moved into the place. Have lived right across the road from his father's for four or five years.

Have you the means of knowing what his reputation for truth and veracity is? Never heard aught against him.

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The COURT asked the witness if he understood the English language. Question repeated.

I have. Would believe him under oath as soon as men in general.

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W. B. Worden, recalled. Have lived in Oberlin five or six years. Know Seth W. Bartholomew. Have no reason to distrust his word under oath.

E. A. Munson, called. Am son of the present Postmaster at Oberlin. Reside in Cleveland. Have done so for the past five years. Previous to that, resided seven years in Oberlin. Knew Bartholomew intimately, as a schoolmate. As a boy, he was rather wild, but since coming to years of discretion, have understood his reputation to be as good as that of men in general. Would as soon believe him under oath as men in general. Knew that when he was thirteen or fourteen years old he was accused of stealing some change and something else, don't remember distinctly what it was. Never heard of his being under arrest. Heard that he paid back the money, and so the matter was settled.

Cross-examined. He was at work about Mr. Pelton's store, where I was employed at this time. This was about twelve years ago, after we had done going to school together. [Witness was evidently confused in dates, since it was but twelve years since he first came to Oberlin.] E. P. Dodge, sworn. Live in this city. Left Oberlin two years ago. Was brought up there. Know Bartholomew. We grew up together as playmates. Should think his reputation for truth and veracity was as good as that of men in general. Would believe him under oath as readily as men in general.

Charles T. Marks, recalled. Lived in Oberlin about two years. Keep meat market there. Known Bartholomew for two years well. Never heard but that his reputation for truth and veracity was as good as that of men in general. Would believe him under oath as readily as men in general.

The

Richard P. Mitchell, recalled. Something was said between Dickson and myself about the seal to the power of attorney. Do not know whether he saw the warrant or not. power of attorney was shown him, and he remarked that it had no seal, but he was not well enough acquainted with such papers [laughter] to know whether a seal was necessary, and I said that our laws did not require a seal. Jennings was standing close by.

Anderson Jennings, recalled. [This witness corroborated the statements of the last.] Another list of witnesses sworn.

B. L. Pierce, called. Lived in Oberlin last twenty years. Known Bartholomew from his boyhood. Have not known him intimately, personally. Have known him as a citizen of

the place. Have not the means of knowing his reputation so well as some. Could not say that his reputation for truth and veracity was as good as that of young men in general.

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Harvey Dodge, called. Have lived in Oberlin last twenty-four years. Known Bartholomew from his cradle intimately. Never heard his reputation for truth and veracity questioned until now.

William E. Kellogg, called. Lived in Oberlin last ten years. Know Bartholomew tolerably well. About as well as most men. Don't think his reputation for truth and veracity is quite as good as that of men in general. Would believe him under oath.

George Dewey, called. Lived in Oberlin four years. Known Bartholomew thus long. His reputation for truth and veracity is as good as that of men in general.

E. F. Munson, called. Lived in Oberlin sixteen years. Know Bartholomew. Never knew his character for truth and veracity to be called in question. Quite a number of years ago while he was an apprentice to the tinning business, he was charged with stealing. Never heard a similar charge since that. [Is Postmaster at Oberlin].

John S. Dodge, called. Lived at Oberlin twenty-three years. Bartholomew and I grew up together. His reputation for truth and veracity is and has been as good as that of men in general.

Chauncey Wack, recalled. Have lived in Oberlin eighteen years. Know Bartholomew as well as I know any man in Oberlin. Would unhesitatingly believe him under oath. landlord of the Russia House.

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The COURT gave the case to the Jury. At the request of the prosecution, the Court adjourned at half past ten, till two o'clock in the afternoon.

[For the reports of the arguments of the counsel for the Government in this case, we are indebted to the Cleveland Evening Herald. Taking them as there published, we assume no responsibility for their accuracy. We believe them, however, to be faithful so far as they go.]

SEVENTH DAY.— AFTERNOON SESSION. Court opened at 2 o'clock.

[The Marshal reserved the seats upon the east side of the Court Room for ladies, and they were speedily filled. The Judge's rooms, adjoining the Court Room, were also occupied by gentlemen and ladies. Every available spot was occupied by spectators, and nothing save the admirable ventilation and the lofty ceiling, rendered the air of the room tolerable.]

Judge BLISS opened for the Government.

He commented upon the crowd in attendance upon the Court, as proof of the interest the case has with the public, being novel as the first attempt to enforce the Fugitive Slave Law; this case excites interest because some wish to know if the Federal laws can be executed, and some desire to be permitted to pursue their rebellion against the laws of the country. Some people seem to suppose the States have the right to legislate on and repudiate the law of Congress in regard to reclamation of Fugitive Slaves; some States have passed laws in conflict with Federal laws on this subject; Ohio has laws subject to this objection, being in conflict with the Federal power, which is supreme over all the States.

Ohio has no right to legislate upon the subject of fugitives from labor.

Counsel quoted the clause in the Constitution under which fugitives are recaptured; that clause of the Constitution underlies the Federal Union; and impugned by any one is ipso facto a dissolution of the Union. Under that clause, independent of any law, the ownership of any slave escaping to Ohio, remained in the owner; it follows of necessity, that the master has a right to follow and recapture his slave in Ohio. This question was settled years ago, in the case of Prigg, of Pennsylvania. By that case it is the duty of Congress to carry out that clause; and counsel cannot imagine how any lawyer or statesman could hold that the State has any thing to do with it.

The Counsel then came to the facts in this case: Was John the slave of Bacon in Kentucky, at the time he escaped in 1856? On that question Bacon swears he was his slave, and knew John's mother, and the maternity establishes the status as a slave or free man; Jennings testifies that he knew John to be Ba con's slave, for a period of time; saw John in Oberlin, Sept. 13, 1858, and captured him. Mitchell also knew John as a slave of Bacon, and knew his mother to be a slave. This evidence is not contradicted, and it is all the law requires

the issue, so far, is established. The next fact to be considered, is John's escape, and that is proved by his being found in the common resort of fugitive slaves, to wit, in Oberlin; but a question of identity is endeavored to be made. Counsel read the description of John, as in the about five feet six or eight inches high, heavy set, power of attorney: about twenty years old, copper colored, weight one hundred and forty or one hundred and fifty pounds. The height and color are disputed by defence; they introduce three witnesses, who say John's height is less than five feet five or eight inches high. One says he is five feet four inches, and two others say he was five feet four inches; but might be five feet five inches; another says John was about five feet eight inches. The evidence does not show that John's height was misdescribed in the power of attorney; one witness says he was in the habit of embracing this

negro, or of playing with him, and their bodies | slave. The Marshal freely exhibited that warwere often brought in contact, and he says John came just about up to his ear, and thus infers John's height from his own height. The next point is John's color, and is described as copper colored. Bacon, Mitchell, and Jennings say he was a full-blooded negro. Bacon says he is copper color. Jennings calls him black, and Mitchell would agree with Jennings rather than with Bacon. Witnesses on the other side say he was full-blooded, and call him black. At the same time there are blacker negroes than John, and the inhabitants of Oberlin have abundant opportunities of knowing, but those living in Kentucky have a better opportunity of knowing. John proclaimed that he was a slave, that he escaped from Bacon, and when a crowd of law violators were around him, he said he was Bacon's slave, and must go back to Kentucky; and he said he desired to go back and see his master and his mistress. The identity of John is placed beyond the reach of every question. As to his weight all counsel has to say is that he became a victim of a foul disease contracted by leaving Kentucky, and going to Oberlin; witnesses for the government esti-erners will come to Ohio to kidnap free men, mated his weight when he was in health.

rant, showing almost an undue anxiety to impress on that crowd the sacred obligations they were under to let him alone in the execution of his duty; sending for the Justice, Constable, and the Lawyer, and Jennings shows his power of attorney, thus being doubly armed. Proclamation was made to the crowd, and the warrant read, and Mr. Patton summoned the people and read the paper, and they all gathered around and the warrant proclaimed to them that John was a fugitive slave from Bacon, and Jennings was authorized to arrest him. No information was conveyed by the warrant, for they all knew before that John was a fugitive. The negro voluntarily interfered to quiet that crowd, and attempted to speak to the crowd, and said his master had sent for him and he must go. If he had a master, of course he was a slave; the mob interfered and told him not to say he wanted to go back to Kentucky, and then the cry arose from that infuriated crowd they would have him any way. Now, shall that crowd say that they believed a free man was being kidnapped? We do not fear that South

There is no need of Higher Law; there is no need of the rallying of the children of God-as Lincoln says of himself-in the shape of a riot to protect free negro men of Ohio; the children of this world are adequate for such duty. When these Oberlin men went down to Wellington, they proclaimed that they did so under the Higher Law, for they knew they were outraging the law of the land.

It is said that in order to be chargeable with rescuing a slave, it is necessary to show notice on the part of the claimant of the character of the person claimed. The Court will no doubt charge you that the defendant should have some notice as to the character of John as a fugitive from justice. What is sufficient proof? Any circumstance that a man of ordinary appreciation would notice is sufficient. The counsel It is a pity that all the good people of Oberread from Giltner v. Graham, 4 McLean, p. lin had not behaved as well as Patton; had 418, being an action for a penalty of $1,000 they, this indictment would not have been for rescuing a slave as to the liability of persons found; although Patton went from Oberlin to who join in a rescue, and on the subject of the Wellington, and his motive might have been notice to rescuers, and the liability of the mem-good or bad, his conduct there was honorable bers of such a crowd.

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The Oberlin people who came to the rescue of John, knew he was a fugitive, their language showed it; they assembled on receipt of information that a fugitive had been taken by slave catchers; all agreeing to the common fact that John was a fugitive and as such was captured. What other motive had they to assemble for his arrest except that he was a slave, and they intended to rescue him? Several answered that they went to Wellington to rescue a slave; some were in favor of getting a process for the. claimants, others that they cared not for papers but would have him any way; a miscellaneous crowd of black, white, and blue for some were drunk-crying out, tear down the house, tear off the roof, brandishing guns and weapons. Is there any doubt every one of that crowd knew John was a fugitive, legally held by due process, and their intention was to rescue the slave. It was known that he was held under a Commissioner's warrant to be taken to Columbus for examination, every person who knew that warrant knew that John was a fugitive

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to him, and counsel would say to all his associate students at Oberlin, "Go and do likewise," and you will get the respect of all good men. He went out and told that crowd all about that warrant, and the power of attorney by which these men were armed, and that all that could be done was to try some process of law, by getting a writ of habeas corpus, which according to the Higher Law of Oberlin might have superior power to the United States Court.

A young man by the name of Butler, a lawyer, swore that he was in the crowd, but never Leard of a fugitive slave in that crowd, but it is in proof that he did declare that John was held as a fugitive by lawful authority, and said so in the crowd, and went to a Mr. Marks to furnish a horse and buggy, that he himself might go and get a habeas corpus to get John away.

Look out for the forgetfulness of these men. You may expect that they will forget what took place in the crowd. Patton has told the whole truth, but Butler has forgotten.

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