The Cleveland Daily Herald

Cleveland, May 19, 1859

The Habeas Corpus.

      Mr. Riddle, of counsel for the defendants in the Rescue cases, returned yesterday, 18th, from Columbiana County with an order, made by Judge Scott, of the Supreme Court, upon Sheriff Wightman, to have the bodies of Bushnell and Langston – the two convicted and sentenced Rescuers – before the Judges of the Supreme Court at Columbus on Wednesday, the 25th inst., at 10 o’clock, A.M. Judge Scott has directed that the full Bench of Judges have notice of the hearing, on the 25th, so that all can participate in it.

      The mere granting of this writ amounts to nothing towards an expression of opinion upon the Constitutionality of the Fugitive Act, even by the Judge who granted it, because the writ issues as a matter of course upon application of t he parties held in custody, who make affidavit that they are illegally imprisoned. In theses cases it may be, that the Judge granting the writ had no official knowledge whether the applicants are held under a State law or a Federal law, but the return of the writ will show all that, and upon such return the cases will come up on their merits. The former application, in which the Supreme Court directed argument on the notice to show cause why the writ should not issue, was out of the usual course, inasmuch as the Supreme Court was in session and such course would save time, expense and needless excitement.

      What will Marshal Johnson do? Has not the “casualty” happened by which the Marshal deems the Cuyahoga County jail unsafe? And will he not remove Bushnell and Langston to a more secure jail? We shall see.

The Cleveland Daily Herald

Cleveland, May 20, 1859

The Kidnappers on Bail.

Elyria, May 20th, 1859.

Dear Herald: - Yesterday the kidnappers, Jennings, Lowe, Mitchell and Davis, appeared at the bar of the Court, and entered a plea of not guilty. An effort was made to reduce the amount of bail required of each to $500, but the Court finally fixed it at $800. Joseph L. Whiton, of Amherst, O.S. Wadsworth, of Wellington, and Malachi Warren, of Oberlin, became their sureties, and the four worthies immediately took their departure, without leaving a tear of regret or a token of remembrance.

      This, for the present, ends the case of the kidnappers, and until something of more than ordinary interest occurs, you will not hear again from.

(correspondent – CIVIS)