The Cleveland Daily Herald

Cleveland, April 5, 1859

The Oberlin-Wellington Rescue Case.

United States District Court, Northern District of Ohio.

Willson, Judge

First Day – Morning Session.

      The cases of the alleged rescuers of the slave “John” from his captors at Wellington on the 15^th of September last were called this morning.

      Mr. Belden, the United States Prosecutor, assisted by Judge Geo. Bliss, appeared for the prosecution, and Judge R.P. Spaulding, A.G. Riddle, F.T. Backus and S.O. Griswold appeared for defendants.

      On the calling of the cases there were very few persons present in the Court room, the train with the defendants not being due at the depot until 10 o’clock.

      District Attorney Belden stated to the Court that the government was ready for the trial but he should ask a writ of habeas corpus to secure the attendance of the witness, Deputy Marshal Lowe, who was in custody in Lorain County. Mr. Lowe, who was arrested last night at Grafton, by virtue of a writ issued upon an indictment found in Lorain County against said Lowe for kidnapping, and was taken from the cars to the jail at Elyria.

      Mr. Riddle suggested that the District Attorney had better take an attachment against the witness, but Mr. Belden said he could make a statement that would entitle him to a Habeas Corpus, and so the matter was dropped for the present.

      The names of the indicted are as follows: Simeon Bushnell, Chas. Langston, John Watson, John Copeland, Lorin Wadsworth, Robert Windsor, James Shepard, John H. Scott, John Mandeville, Ansel W. Lyman, Matthew DeWolfe, Wm. E. Sinclair, Jeremiah Fox, Henry Evans, Wilson Evans, David Watson, Eli Boyce, Wm. E. Scrimeger, Lewis Hines, James Bartlett, Abner Loveland, Matthew Gillett, Thomas Gena, Walter Soules, Wm. Sipples, Robert L. Cummings, Oliver S.B. Wall, Henry D. Wiles, Daniel Williams, Chauncey Goodyear, Franklin Lewis, Wm. Watson, John Hartwell, Henry E. Peck, James M. Fitch and Ralph Plumb, James H. Bartlett.

      The case first in order was called on, to wit:

The United States vs. Simeon Bushnell.

Indictment for rescuing a fugitive from service.

      Of the sixteen struck Jurors served with process, twelve answered to their names as follows:

Geo. Knupp, Tiffin.

James G. Healy, Napolean.

Sabert Scott, St. Mary’s

Edward Foster, Bryan.

Daniel P. Rhodes, Cleveland.

Andrew Lugenbell, Tiffin.

Geo. W. Slingluff, Canal Dover.

James Justice, Fremont.

Chas. N. Allen, Cadiz.

John Cassell, Maryville.

Geo. Harper, Upper Sandusky.

Andrew Scott, Newton Falls.

      About 10 1-2 o’clock the defendants came into Court. Before empanelling the Jury, Judge Spalding wished to state the nature of the case to the Jurors and he severally asked each Juror if he had formed an opinion relative to the guilt or innocence of the defendant Bushnell; to which all answered that they had formed no opinion.

      Among the witnesses then called was Mr. Lowe, deputy Marshal, who had been discharged in Elyria on bail, and it looked as if the trial was coming right on when District Attorney Belden stated that important witnesses had not yet come in but were expected on the cars. – Thereupon the Court took a recess until two o’clock, P.M.