1839 Marion riot

Mitchell, who had been living in Marion for at least a year, was placed on trial under Ohio's 1839 Fugitive Slave Act in the Court of Common Pleas, headed by Ozias Bowen.

The crowd reacted in an effort to protect Mitchell, throwing projectiles at the Virginians while they were in the streets, and breaking into the town's armory and distributing weapons.

[1][2] In the interest of remaining on good terms with Kentucky, most of Ohio's newspapers had spoken out in favor of the law, which had in turn coalesced abolitionist opposition.

However, the law also held the potential to impede kidnapping efforts by establishing procedure for formal trial of accused fugitive slaves, including permitting them legal defense and up to sixty days to provide evidence.

He was arrested under the terms of the Ohio Fugitive Slave Act; the warrant was written by the town's justice of the peace, John Batram.

[9] Mitchell appeared in court on July 18, 1839, and Bowen granted him forty days to prove that he was, in fact, a free man.

[10] The Virginians presented what they described as an authentic bill of sale from Mr. John Lewis to Van Bibber relating to Mitchell.

[12] In his memoirs, Justice Thomas J. Anderson described the case as putting the county in the greatest state of excitement in its history, writing that the courtroom was "crowded to suffocation.

[7] Bowen did not begin until 10 in the morning and reportedly spent around forty minutes reading the decision, while the crowd remained calm.

The Virginians used force to carry out their kidnapping; The Marion Visitor described the brandishing of "pistols, bowie knives, dirks"[7] and threats made against the lives of whoever attempted to resist.

They demanded the Black Law, and it was passed; and now because in a single instance it works unfavorably to their claims, they denounce our citizens as mobocrats, charge our judges with corruption, and with brazen audacity justify the violation of the sanctity of our courts of justice.

[29] Historian David Grimsted, in his survey of mob-action events across the US, notes that, as in Marion, many mob rescues of slaves began with a group of people not in active opposition to slavery; yet, when it confronted them in a way they could not ignore, they were willing to act.