The Cleveland Daily Herald

Cleveland, April 9, 1859

The Rescue Case.

Fifth Day.

      The Court yesterday afternoon was visited by Governor Chase and Col. Swayne, of Columbus.

      The Government brought its examination of witnesses to rather an abrupt termination yesterday afternoon and the defence entered upon its rebutting testimony.

      A ruling of the Court that precluded that defence from offering the testimony of L.D. Boynton to show that Jennings had sworn to what was not true in certain matters that the Court considered irrelevant to the point in issue, prevented the detailing by Mr. Boynton of what was expected to be a rich show up of the movements of the nigger hunters.

      Shakespeare Boynton a lad of only 13, but precocious much beyond his years, attracted much notice and comment. He went through the entire detail of his agency in the nefarious business of decoying the negro into the hands of his captors, receiving $20 as the price of his dirty work, with an unblushing front and with a gest6iculation of manner painful and sad to behold. He testified that Jennings was also to have given him $20 if he had also decoyed Frank, and gave with a perfectly triumphant manner, a statement of the means he used to get John to extend his ride when the accidental meeting of the boy John was seeking, threatened to thwart the plan of the “decoy” and those who were using him.

      The crowd was disappointed in not seeing Dayton, Lowe and Davis on the stand; in particular was there an anxiety to see Davis; the deputy Marshal who handcuffed the schoolmaster Lincoln, - on arresting him under this indictment – and threw him into the Columbus jail among thieves. Lincoln as in court, and evidently is a non-resistant; an officer who would use handcuffs on a man like Lincoln is either a knave or a coward. Lincoln is a mild, amiable, young man, and has – no doubt – more zeal than discretion in pursuit of an object his conscience approves; he is an enthusiast upon any subject that touches human slavery and probably lacks good common sense after that subject is presented, and has very foolish notions of man’ duty when it apparently conflicts with his interpretation of the “Higher Law.” Davis, however, should have been brought on to the stand and Lincoln placed by his side that the people might see an illustration of the workings of this Fugitive Law in the Free State of Ohio.

      Gen. Boynton, by his loud and boisterous manner on the stand, evidently felt the necessity of proclaiming his Democracy. The fact is the papers were made out at Washington, appointing him Post Master at Oberlin, but just at that time this nigger case turned up, in which the General and his boy were so deeply implicated us to call out such a remonstrance against his appointment, as to induce the powers at Washington to recall Boynton’s appointment. Of course, the General is sore on the point of his Democracy, and has good reason to regret the rescue case.

      The testimony of defence to-day has impeached the witness Bartholomew. A great point in dispute now is, whether the slave captors showed and proclaimed to the crowd that they had a Power of Attorney of a warrant: the defence proving very distinctly and positively that nothing was shown but the warrant. We suppose this warrant was worthless, and hence the anxiety of the government to show that Jennings and Mitchell showed the power of Attorney. The bearing of this question will, no doubt, be more clearly shown upon the argument.