and pleasure, the Counsel for the defence ob- to its recollection. The defence stated the case jected, saying that it was on the motion of the as it occurred. Judge BELDEN said that beDistrict-Attorney, that the defendants, Lang-fore he had expressed the hope that the deston being included, were ordered into custody, and that then after they had been taken into such custody, the defence requested that the recognizances be cancelled. The Journal entry is as follows:

the others, except in that of Bushnell, in ref-"taking notes," we took upon ourselves the

considered as sufficient grounds of disqualifica- to every idea contained in the question at issue.

tion.

This matter was discussed and argued by Mr. BACKUS, but the Court held that he might read the indictment to the jury, and make the general inquiry as to any opinion formed, but that they would not consume time by such particular inquiry. The indictment was then read to the jury by Mr. GRISWOLD, when Mr. Bishop was asked the questions: If he believed the boy es

Mr. RIDDLE referred to cases which he had known of in his capacity as public prosecutor, when three persons were severally and separately indicted, when the presiding Judge ordered the Sheriff to make up a new jury in each trial. And it had been the practice in the Courts of Northern Ohio, to try before a new jury each case under the same or a similar in-caped from his lawful master; if he had made dictment for the same offence, and in this case every one of the Jury had prejudged upon all the important points in the matter, and it could not be pretended for a moment that the juror who had fixed and passed a conviction in his mind upon these points, would go to a new trial with an unbiassed mind.

up his mind whether this Jennings was a lawful agent of Bacon; if Bacon made acknowledgment of his ownership before the Clerk of the Court; whether Bacon made out this power of attorney to Jennings; whether the boy at the time of the rescue, was in the custody of Jennings; whether the defendant The COURT expressed its opinion to be quite | Langston, did rescue the negro boy John, clear, that if the allegation against Langston from Jennings, who held the boy by virtue of was throughout the same as that against Bush-power of attorney from Bacon, who (Bacon) nell, with the mere substitution of one name for the other, then that would disqualify the jurors in the former case from sitting upon the trial of Langston. It then requested the former jury to vacate the jury box, and ordered the marshal to empanel a new jury.

Mr. BACKUS remarked that as objection had been raised to the former jury on the grounds of political proclivities, he hoped the Court would itself appoint the new jurors, that there might be no grounds for such complaint hereafter. The Court, however, considered that the Marshal would proceed with his duty fairly, and left it to him.

The Marshal wishing a little time to select his jury, a recess was taken until 2 o'clock.

AFTERNOON SESSION.

Court convened at 2 o'clock. The following jurors were called to the bar by the Marshal:

Harvey Rice,
David J. Garrett,
John M. Hughes,
Andrew Cozad,
S. A. Case,
Sturgis Lynes,

Irvin K. Bishop, Charles Howell, Boliver Butts, Levi Johnson, William Burton, Richard Hussey. These gentlemen being severally questioned by the Counsel for the prosecution, replied that they had no objection to the enforcement of the Fugitive Slave Law, if the proof showed the defendants to be guilty of a violation of the same. Mr. Lynes was challenged by Judge BELDEN and withdrew. Mr. J. H. Crittenden was called in his place. Mr. BACKUS inquired of Mr. Bishop if he had been present at the trial. He had been present a part of the time. The question being asked if he had made up his mind upon the ownership of John by Bacon, it was objected to, but sustained by Mr. BACKUS by argument, that it was necessary to know as to their opinion upon the several averments of the indictment. Judge BLISS replied that this was contrary to all custom to inquire in respect

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was the lawful owner of the boy; and whether the defendant Langston, was aware at the time of the rescue that the boy was really a slave held by lawful authority. All of these questions were overruled by the Court as improper to be asked. Mr. BACKUS said he proposed asking all these questions of all the jurors, and supposed he was to understand that all were overruled. He then asked the juror what means he had for forming an opinion upon the case. Mr. Bishop said he had not read the papers, and had not formed an opinion. The same inquiry was made of Mr. Garrett. This juror confessed that he had not formed an opinion as to the guilt of Langston, but he believed the boy was a slave. This brought up a discussion as to challenging the juror upon this point. The defence asked to have the juror the Court declined to excuse him upon that excused upon the ground of this opinion, but ground. On being further questioned, the juror said that he supposed the slave did escape and was illegally rescued. He was allowed to stand aside, being quite too decided a character to act upon the jury. Mr. Daniel Cleveland was called in his place. In like manner Mr. Hussey was questioned, the counsel for the prosecution several times interrupting the questioning, but the Court held that it was competent to inquire on such points as would tend to bias a fair verdict.

All of the jurors were similarly questioned. Mr. Case, having formed too much of an opinion, was excused. S. T. Loomis was called in his place.

Mr. Howell being challenged, Mr. J. M. Armstrong took his place, but being challenged, Mr. B. Brownell was called in his place.

Mr. Loomis wished to be excused on account of business at home. Mr. H. B. Platt was called in his place.

Mr. Brownell being challenged by the defence, Mr. George A. Davis was called in his place.

Mr. Butts being challenged by the prosecu

tion, Mr. J. W. Smith was called in his place.

Mr. Platt having formed an opinion, Mr. Wm.
B. Hall was called in his place.

No further objection being raised, the follow-
ing jurors were sworn:
Harvey Rice,
John M. Hughes,
Andrew Cozad,

Richard Hussey,
J. H. Crittenden,
Daniel Cleveland,
Geo. A. Davis,
J. W. Smith,
Wm. B. Hall.

:

A. Cochran then being a legal officer, and the said Mason County Court then being a legal Court, in the said State of Kentucky, in which said State said power of attorney was executed

did pursue and reclaim the said negro slave called John, into and in the said State of Ohio, and did, to wit, on the said first day of October, in the year one thousand eight hundred and fifty-eight, in the said Northern District of Ohio, John K. Bishop, and within the jurisdiction of this Court pursue Levi Johnson, and reclaim the said negro slave called John, William Burton, he then and there being a fugitive person as The politics of this Jury were too marked aforesaid, and still held to service and labor as to escape notice. They stood nine Adminis- aforesaid, by then and there, to wit, on the day tration men, two Fillmore Whigs, and one Re- and year last aforesaid, at the District aforesaid, publican, who had no objections to the Fugitive and within the jurisdiction of this Court, seizSlave Law. The preliminaries being arranged, ing and arresting him as a fugitive person from the case of the United States v. Charles Lang-service and labor from said State of Kentucky ston, for rescuing the fugitive slave John, was as aforesaid; and that the said negro slave opened by District-Attorney BELDEN, in re- called John was then and there, to wit, on the marks to the Jury, setting forth what was day and year last aforesaid, in the said State of claimed by the prosecution, and reading from Ohio, at the District aforesaid and within the the law on the point of the recovery of fugi-jurisdiction of this Court, lawfully pursuant to tives. Also, what was charged and expected the statute of the United States given and deto be proved against the defendant. The in-clared, in such case made and provided, arrestdictment against Langston runs thus:

United States of America, Northern District of Ohio, ss.

In the District Court of the United States for the Northern District of Ohio, of the November Term, A. D. 1858.

The Grand Jurors of the United States of America, empanelled, sworn, and charged to inquire of crimes and offences within and for the body of the Northern District of Ohio, upon their oath present and find, that, heretofore, to wit, on the first day of March, in the year of our Lord one thousand eight hundred and fiftyseven, a certain negro slave called John, a person held to service and labor in the State of Kentucky, one of the United States, the said John being the property of one John G. Bacon, of the said State of Kentucky, the person to whom such service and labor were then due, and the said negro slave called John, to wit, on the day and year last aforesaid, so being held to service and labor as aforesaid, and said service and labor being due as aforesaid, did escape into another State of the United States, to wit, into the State of Ohio from the said State of Kentucky: and that afterwards, to wit, on the first day of October, in the year of our Lord one thousand eight hundred and fiftyeight, one Anderson Jennings, the agent and attorney of the said John G. Bacon, duly authorized for that purpose by power of attorney in writing, executed by the said John G. Bacon, to wit, on the 4th day of September, A. D. 1858, and by him on said day acknowledged before Robert A. Cochran, Clerk of the County Court of the County of Mason, in said State of Kentucky, and on said day certified by said Robert A. Cochran, Clerk as aforesaid, under the seal of the Mason County Court, the said Robert

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ed, in the custody and under the control of the said Anderson Jennings as agent and attorney as aforesaid of the said John G. Bacon to whom the service and labor as aforesaid of the said negro slave called John, were then and still due as aforesaid together with one Jacob K. Lowe, then and there lawfully assisting him the said Anderson Jennings in the aforesaid arrest, custody, and control of the said negro slave called John. And the jurors aforesaid do farther present and find that Charles Langston, late of said District together with divers, to wit, two hundred other persons to the jurors aforesaid unknown, heretofore, to wit, on the said first day of October, in the year one thousand eight hundred and fifty-eight, at the District aforesaid and within the jurisdiction of this Court, with force and arms, unlawfully, knowingly, and willingly, did rescue the said negro slave called John, then and there being pursued and reclaimed, seized and arrested, and in the custody and control aforesaid, he, the said negro slave called John, being then and there a fugitive from and then still held to service and labor as aforesaid, from the custody of the said Anderson Jennings then and there the authorized agent and attorney of the said John G. Bacon as aforesaid, and the said Jacob K. Lowe, then and there lawfully assisting the said Anderson Jennings as aforesaid he, the said Charles Langston then and there well knowing that the said negro slave called John, was then and there a fugitive person, held to service and labor as aforesaid, and pursued and reclaimed, seized and arrested, and held in custody as aforesaid; to the great damage of the said John G. Bacon: contrary to the form of the Act of Congress, in such case made and provided, and against the peace and dignity of the United States.

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And the Grand Jurors aforesaid, upon their | the Southern District of Ohio, and was then oath further present and find, that heretofore, and there delivered to Jacob K. Lowe then to wit, on the first day of March, in the year and there being a Deputy United States one thousand eight hundred and fifty-seven, a Marshal for the Southern District of Ohio, and certain negro slave called John, a person held which said warrant commanded the said Jacob to service and labor in the State of Kentucky, K. Lowe, Deputy-Marshal as aforesaid, to seize, one of the United States, the said John being arrest, and take the said fugitive negro slave the property of one John G. Bacon, of the said called John, then and still held to service and State of Kentucky, the person to whom such labor as aforesaid, and who was escaped as service and labor were then due, and the said aforesaid and him safely keep so that forthwith negro slave called John, to wit, on the day and said Deputy-Marshal should have his body year last aforesaid, so being held to service and before some United States Commissioner within labor as aforesaid, and said service and labor and for the Southern District of Ohio to anbeing then due as aforesaid, did escape into swer the further command of the said warrant; another State of the United States, to wit, into and the jurors aforesaid further present and the State of Ohio, from said State of Kentucky; find, that afterwards, to wit, on the first day of that afterwards, to wit, on the tenth day of October, A. D. 1858, at the Northern District September, in the year one thousand eight of Ohio, and within the jurisdiction of this hundred and fifty-eight, one Anderson Jen- Court, by virtue of the said warrant he, the nings, the agent and attorney of the said John said Jacob K. Lowe, Deputy-Marshal as aforeG. Bacon, duly authorized for that purpose by said, and then and there lawfully assisting the power of attorney in writing, executed by said said Anderson Jennings as agent and attorney John G. Bacon, to wit, on the 4th day of as aforesaid, to seize and arrest the said negro September, A. D. 1858, and by him acknowl- slave called John, then and still a fugiedged on said day before Robert A. Cochran, tive from and held to service and labor clerk of the County Court of the County of as aforesaid, did, then and there take, seize, Mason, in said State of Kentucky, and on said and arrest the said negro slave called John, day, certified by said Robert A. Cochran, clerk as a fugitive from and held to service and as aforesaid, under the seal of the said Mason County Court, the said Robert A. Cochran then being a legal officer, and said Mason County Court then being a legal court, in the said State of Kentucky, in which said State said power of attorney was executed, did pursue and reclaim the said negro slave called John, into and in the said State of Ohio;and, to wit, on the said tenth day of September in the year last aforesaid did pursue and reclaim the said negro slave called John, by procuring, to wit, on the day and year last aforesaid, a warrant, to wit, at Columbus in said State of Ohio, from Sterne Chittenden, then and there a Commissioner of the United States Circuit Court for the Southern District of Ohio, duly appointed by said Court as such Commissioner, and who in consequence of such appointment was then and there authorized to exercise the powers that any Justice of the Peace or other magistrate of the United States could or might exercise in respect to offenders for any crime or offence against the United States, by arresting, imprisoning, or bailing the same, under and by virtue of the 33d section of the act of Congress of the United States of the 24th of September, 1789, entitled "An Act to establish the Judicial Courts of the United States," for the apprehension of the said negro slave called John, then and still a fugitive from and held to service and labor as aforesaid, which said warrant, bearing date the 10th day of September, A. D. 1858, was duly issued under the hand and seal of the said Sterne Chittenden, as Commissioner as aforesaid, and directed to the United States Marshal and to any Deputy United States Marshal of

labor as aforesaid, and that the said negro slave called John was then and there on the day of the year last aforesaid, in the said State of Ohio at the District last aforesaid, and within the jurisdiction of this Court, lawfully arrested, in the custody, and under the control of the said Jacob K. Lowe, Deputy-Marshal as aforesaid, by virtue of the said warrant, he, the said Deputy-Marshal, then and there lawfully assisting the said Anderson Jennings, then and there the agent and attorney of the said John G. Bacon, as aforesaid: And the Jurors aforesaid do further present and find that Charles Langston, late of the Northern District of Ohio, together with divers, to wit, three hundred other persons to the said Jurors unknown, heretofore, to wit, on the said first day of October, in the year one thousand eight hundred and fifty-eight, at said Northern District, and within the jurisdiction of this Court, with force and arms, unlawfully, knowingly, and willingly, did rescue the said negro slave called John, then and there being pursued and reclaimed, seized and arrested, and in the custody and control aforesaid, he the said negro slave called John, being then and there a fugitive from and held to service and labor as aforesaid, from the custody of the said Jacob K. Lowe then and there being and acting as Deputy-Marshal as aforesaid, and then and there having the custody of the said negro slave called John as aforesaid, and then and there lawfully assisting the said Anderson Jennings, agent and attorney as aforesaid he, the said Charles Langston, then and there well knowing that the said negro slave called John was then and there a fugitive person held to service and labor as aforesaid, and pursued and reclaimed,

seized and arrested, and held in custody as aforesaid; to the great damage of the said John G. Bacon; contrary to the form of the Act of Congress, in such case made and provided, and against the peace and dignity of the United States.

G. W. BELDEN, U. S. Attorney.

Mr. RIDDLE set forth the position of the defence, and some of the circumstances which would be shown by the testimony which they would bring forward.

SECOND DAY.

Court convened at nine o'clock, Judge WILLSON presiding. Examination of John G. Bacon continued. Being in substance as heretofore reported.

on the paper, my deputy still doing the writing. I had him put in also the last two lines: "The said parties are personally known," etc. There is no statute prescribing the duties of a deputy.. They take the same oath as the principals, and do the same things. On the previous trial I did not swear that I had no personal knowledge of this acknowledgment.

Anderson Jennings. Saw John last about a year before I heard he had gone away. First saw him in a room in Wadsworth's tavern at Wellington. Knew him at once. [The COURT Mr. John G. Bacon was first sworn. His tes ruled, in United States v. Bushnell, that neither timony was substantially the same as it had the acts nor the words of the negro were evibeen in the former case, and need not be re-dence. On reflection, it was now prepared to peated. rule that the acts but not the words were eviJust before adjournment, Mr. RIDDLE re-dence.] Was administrator of James Jennings. marked that he understood the Court to intimate Was in Oberlin first some five or six days prein remarks made in the morning, that the Jour-vious to September 13, in search of a boy benal entry relative to the cancelling of the recog-longing to an uncle's estate. Staid a day and nizance of the accused, be struck out and they a half. Did not see John, but heard of him, be released without entering any new recogni- and wrote to Bacon. (Bacon says the letter is zance, and be considered in the same position lost.) Directed it to James Reynolds, because which they occupied prior to Friday last. The he would get it sooner than Bacon, and told COURT replied that they could go out again upon him in the letter to send it on. Went from signing new recognizances as before. Mr. Oberlin to Sandusky, and thence home. Got RIDDLE remarked that they would do nothing home on Saturday and saw Bacon on Monday. of the kind, and so the matter stands. They May have been Sunday. was Sunday or Monwill issue no new papers. day; can't tell which. Asked him if he had got my letter, and if he had sent the power of attorney and witness as requested, and he said he had. Had sent the power of attorney by Mitchell. I passed Mitchell on the river. Suppose I got home before Mitchell passed, but he did n't know it. Missed him. Didn't see him. I asked Bacon to come back. He said he could n't. I asked if he thought Loyd would pay my expenses, or give me any thing if I Robert A. Cochran. Richardson was my brought his nigger back. He said he did n't deputy, and authorized (objected to and over- know. I studied for some little time and told ruled) to act for me. They lay taxes on slaves him as he had sent the power of attorney at in Kentucky, but whether John was ever listed some trouble at my suggestion, I would come I do not know. Under the laws of Kentucky, back. Started back on Monday. Think I got whatever the Clerk as principal may do, that to Oberlin on Wednesday night about 9 or 10 his deputy using his (the principal's) name may o'clock. Stopped at Wack's. Asked Mitchell do. The deputy is appointed by the court on if he had seen John. Got the power of attor motion of the Clerk. A power of attorney toney. Next morning sent for Warren. Had convey personal property need not be ac- got acquainted with Warren on the first trip. knowledged for real estate it must be. He came. Asked him if he thought there Slave property in our State is a distinct class, would be any difficulty in trying to arrest Frank part real, part personal. A married woman or John. He said he thought there would. owning slaves cannot part with them unless her Then asked him if he thought we could go and husband unites with her in making a deed. make the arrest after night and get out of town A man can part with slaves by giving a simple before we should be found out. He said he bill of sale. There is a mixture of habit about thought that would be a very dangerous operathe signature of deputy clerks; some sign their tion. Might get shot and never know who done own name, and some (more frequently so) the it. If we done it in the village at all, better do name of their principal. Know of no law fix-it by daylight by all means. But he thought ing either mode.

Prof. Peck and Mr. Plumb are allowed to be in Court during its sessions, being accompanied to and from the jail by a bailiff.

the best way was to make some arrangements to get the boy out of town. I asked who would help us do this. He thought this young Boynton would. Went to Boynton's Saturday night. We was all sittin' in the room together, the General and family, and Lowe and me, and this little Shakespeare came in and went