153 A Fugitive Case (1841)

Oberlin, Feb. 27, 1841.

A scene of a most exciting character has just transpired in this place. Last Wednesday evening three kidnappers plunged into our midst, seized upon a colored man and his wife, and attempted to escape with their victims.

Between the hours of eight and nine in the evening, the three professed Kentuckians accompanied by a constable from Pittsfield, five miles south of Oberlin, attacked the house of Mr. Leonard Page who lives nearly a mile east of our Institution. Having placed a Kentuckian on each side of the house, the constable and the other knocked at the door for admission. Receiving no response, they opened it and entered on their own responsibility. They first found Mrs. Page and her family, among whom was a young lady. Upon those they made an assault, threatening their lives if they attempted to escape from the room or to offer the least resistance. They next passed into the sitting-room where they found Mr. Page and asked him if a colored man called Jefferson, alias Elias, was there. Mr. Page replied that none was there of that name. Said the constable, there must be such a man here and we will search the house for him. The Kentuckian said he had stolen two horses and must be caught. Mr. Page demanded their authority — the constable then produced a writ which had been issued by a Justice of the Peace in Pittsfield.

Supposing the writ to be legal, Mr. Page offered no resistance and remarking to the constable, “I should think you would not engage in such business,” he opened the door to the room in which was a colored man known here by the name of Johnson. The constable calling for help entered the room and the Kentuckian who was with him asked the colored man if his name was Jefferson. The colored man remaining silent, he went forward and turning up his lip examined his teeth and said, “this is the man.” By this time the other two entered and each with a bowie-knife in one hand and a pistol in the other. The constable next inquired for Jane. Mr. Page said he did not know where she was. Constable then searched the closet and failing to find her there, he searched the bedroom. Here he found her under the bed and commanded her to come out, which she did immediately. Having brought them together, he called for the manacles and was about putting them on when the man sprung for the window to escape. The constable seized him by the collar, presented his pistol, and told him if he attempted to escape he would blow him through. Mr. Page advised the colored man to submit patiently. They then left the house with the two on foot, manacled together by the hands.

The alarm was soon communicated to the village. At a meeting of the citizens of Oberlin which was at that time in progress, a committee of eight was appointed to follow them with special instructions in reference to these two points. 1st. To see that the so-called fugitives should not be carried off without due process of law. 2nd. That no violence should be offered to the kidnappers. This committee with some thirty others pursued and overtook them about two miles from the village. The kidnappers being called on to stop, one said to another, we shall have to stop at the first house, which was about twenty rods in advance. They immediately pressed forward to the house and entered it. Had they not been overtaken, it was manifestly their design to travel all night, for one of them said to the negro when arrested, “you don’t stop tonight.”

Soon after their entering the house, Brother A. D. Barber and others came up to the door which was soon opened by the constable and his Kentucky posse. Their authority was demanded and they were assured that if they had proper legal authority, they should not be molested — that we would not violate the law but were determined to see that the colored people had a fair trial. The warrant was then read, which at the time we supposed legal but which proved in the result entirely the contrary. We then demanded that some of our number should go along and see that the colored people were not abused and had a fair trial. Upon which the constable commanded C. L. Carrier, one of our citizens, to assist him. All the others immediately returned to the village.

In the morning, finding a large number with E. S. Hamlin, Esquire [attorney], of Elyria, who had been sent for during the night, collected at an early hour and determined to secure a fair trial, they began to be in trouble and sent to Elyria for counsel. After some delay, finding the case must be brought before a Judge in the county and not a Justice of the Peace as they had hoped, they concluded to go to Elyria and chose ten Oberlin men as their bodyguard. Arrived at Elyria, the kidnappers took the negroes to the Franklin house (which we mention that the friends of freedom may shun it, because it has open arms for oppression) and for about four hours guarded them so strictly that when a Baptist clergyman went to talk with them about religion, one of the kidnappers who was also a professed Baptist drew his pistol and commanded him to desist. They did this too after they had ascertained that they held them by authority of a warrant perfectly illegal, until they procured another warrant which they produced in court. Before starting for Elyria our counsel discovered the illegality of this warrant and hoping their lawyer would not discover it had designed to quash the whole proceeding immediately after bringing it into court, when the colored people would of course be free. When the case came to trial they did not attempt to produce a shred of evidence to substantiate their claims other than their affidavit that they verily believed them to be slaves of J. M. McNease in Kentucky and that they could in due time produce testimony sufficient. The poor colored man and his wife were accordingly lodged in jail, guiltless of crime, to await the decision of the court in April.

But the affair was not thus ended. A warrant had been obtained to arrest the three kidnappers for an assault on the person of Mr. Page and immediately after the Judge pronounced the decision, they were arrested in the full court-house and led through the streets to the Justice’s office, as an hour before they had led their unfortunate victims. The next day, the case having been adjourned, the trial came on before Heman Birch, Esquire, at 9 o’clock. E. S. Hamlin was counsel for the State and Mr. Benedict for the kidnappers. Mr. Birch gave an excellent decision, doing honor alike to his head and his heart, and the Kentuckians were bound over in the sum of 500 dollars each to appear at the next court. Some individuals became their bail and thus saved them from taking a residence within the same walls that contained their victims.

[Mr. A. D. Barber adds :] I saw the alleged fugitives after they broke jail. As they are now safe, I will give a statement of what they said respecting breaking jail. They were put in with three white men. One of the whites said to them, in the evening they were put in, we will help you out. They were allowed to have basket stuff in jail for making baskets and they also chopped their own wood. One would split basket stuff or chop wood while the others worked at the window, so as to drown their noise.  They said they had no help from individuals without. The grates were broken before dark so that when night came, they had nothing to do but crawl out. This was done between 10 and 1 1 o’clock P.M. and without any noise. The colored man and his wife came here about two o’clock in the morning, got some things which they had left, and immediately started off.

Source: “A Fugitive Case”, by Samuel Cochran, Philanthropist (Cincinnati), March 24 1841; reprinted in Liberator (Boston), May 21 1841. https://archive.org/details/toldcontemporari03hartrich/page/630/mode/2up