The Cleveland Daily Herald

Cleveland, April 7, 1859

The Rescue Case.

The Third Day.

      Judging from the philosophy of some the women friends of the rescuers, the defendant is prepared for a most through investigation, for we noticed the tedium of portions of the examination of the witnesses was relieved by knitting-work. Women, in one respect, have a great advantage over men on such occasions, for while men fold their hands, and get sleepy, or – what is worse – chew tobacco and spit on the neighbors – women can knit and at the same time catch anything worthy of note in the trial.

      We suppose after the first few witnesses have given the detail of the incidents at Oberlin and Wellington, the examination will proceed more rapidly; but in a case like this, fought inch by inch, and on novel ground too, the progress must be slow. We think weeks may be consumed on this one case.

      Messrs. Peck and Plumb, of Oberlin, sit with the counsel for defense and are advisers in the case. This probably is because the case of the defendant, in many respects, is similar to that of the entire “37,” and the intelligence of these gentlemen – Prof. Peck being one of the most gifted of the Oberlin Faculty and Mr. Plumb himself being a lawyer and well known, having been a prominent member of the Legislature – renders them of essential aid to the counsel in the examination of the witnesses and in the general conduct of the case.

      The cross–examination of Mr. Wheeler to-day was very long and minute: The defense evidently looked upon the Rochester Postmaster’s presence at Wellington and the rescue of the negro, as being a noticeable coincidence. Then again Mr. Wheeler’s interest in the Kentuckians, - hoping to hear from his brother, - and the fact that Mitchell, the Kentuckian, knew Wheeler’s brother, the fact that Wheeler examined the papers and became so well satisfied of their legality, his efforts to calm the crowd and to induce them to let the negro go back, and his speeches to the crowd, all – except his theological discussion with Lincoln – were very closely inquired into by the defense. This witness had a peculiar faculty on cross-examination of constantly adding to his direct testimony.

      The witness Mitchell, who was on the stand to-day is the son of the Mr. Mitchell who fought Gen. Tom Marshall, of Mexican notoriety, in a duel, and shot him – but not mortally. The duel grew out of some alleged breach of military etiquette soon after the war of 1812. Gen. Marshall is still living; a very gallant man.

      Beside the reporters for the Daily City Press, there are correspondents on the ground representing the Pittsburgh Commercial Journal; New York Tribune; the Worcester (Mass.) Spy; the Free South of Newport, Ky. We understand the Law Monthly published by Hayden King and Elwell, in this city, is reporting the case, and will publish it at length.

      The Court room is crowded, but the admirable attention of the Marshal and his Deputies to the crowd, to the wants of the Court Jurors, Layers and Reporters, preserves perfect order and good feeling; while the mutual courtesy of counsel prevents any unpleasant collision in this exciting case.