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The western star. (Westfield, N.Y.) 1826-1828, September 07, 1827, Image 1

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jr. rvm? VOL. II.] Westfieid, Friday, September 7, 1827. t'rom th3 Ontario llepositorv, August \^9. < u vsrHLAcrJGJiLwr WILIAAM MORGAN. At the Ontario sessions, held in Can- aIlt lai(, f ua last week, came on '.he trials _f (he several persons charged with the abduction of William Morgan. Present, ftjlltaniel W acy which, 1 am authorized to say, exisl ••• arnang the defendants and others, are, britfl —that this William Morgan was compiling a book professing to rereal the secrets of ma soorv—whicii book was printing at Batavia DESKMaBif^iMaiuaacaonnaaiass*3iMBnM a duced by Ganson lo a stranger said t-< be from Canandaigua—Don't remem- ber the name, but thinks it was Suiryer or Seymour. The stranger touk wit- [No. 66. Howell, first judge, and by David C. Miller. The means of sup- ness by the ami and walked out a few pressing or preventing the publication of | rods towards the stone bidding, and that book, was a subject of deliberation u- motig masons in various pat Is of the cousin —and we expect to be able to show that it was determined that the only clfcctuai mode judges Price, Atwater, Brooks, and , of p rcvonting , {iat publication, was the ra- T j0 on)is. The detf ndents who had been j moval of the man ; or, not having fhe power arrested and appeared, were James La-'over him, to prevent his ability* to write, key, Chauncey H. Coe, Holloway Ilavward, Uiiam Hubbard, Harris SevtBoar, Henry Howard, Moses Rob- erts James Ganson, Asa IVowIen. John Butterfield,and Isaac Evertsen. The trial of Evertsen was postponed on account of the absence of a material witness; & ia the course of the proceedings,nol. pros were entered as to Butterfield ami Now- ien, by the district attorney. Mr. Whi- tin<' intimated that he should bring on the trial of part of the deftmdeuts in the first instance; and thereupon, after seme discussion on the patt of the counsel, the court ordered that they be divided into two classes, of five each. The trial of Hayward, Howard, Sey- mour, Roberts, and Ganson, was then moved on/and tl»e following jurors were sworn : Ira Case, George Brundage. Altan Ptown, Isaac T. Holmes, John Nicholson, Josiah Moffet, John Wood- hull, Adonijah Skinner, Gideon Hurd, Jeremiah Like, Anson Howell, Nathan K. Pound. The indictment contained 4 counts, vis: First count—for a conspiracy to rake William Morgan from the jail of Ontario county, to kidnap and remove bun to foreign parts without the juris- diction of this state, and to secrete and confine him there, and that they actu- ally carried the conspiracy into effect. Second count, same as first, only charg- ing the conspiracy to remove him to parts unknown. Third count—for kid 'nipping and forcibly carrying William Morgan from the jail of Ontario coun- ty, to wit. to Canada. Fourth count— for assault and battery and false impris- onment. Counsel for the People: Messis. Whiting, (district attorney^ Willson, Dickena, Talbot, and Benjamin. For uvfendents, Messrs. Marvin, Sibley, l'enfield, Adams, Ilubhell, and Barnard. Mr. Whiting then addressed the jury in a ihstance as follows—Nearly aD entire \ear had passed away, since the abduction of William Morgan, and yet we have no know- IeJ?c of his fate. If it was proper to brinir the[perpetrators of that crime before courts of justice, to answer for the breach of the h'.vs, and to receive punishment for that •reat and Unparalleled violation of the liber- ty of the citizen; it is now more, proper than ,ver—ibr time ins confirmed o;ir fears, and left the community fully justified in the be- lief that their worst apprehensions for Mor- gan's fate have been well founded. It is therefore just and proper Ihaf these prosecu- tions should be persisted in, til! the laws are vindicated, and the guilty brought to punish- ment. There is or.c advantage, however, which we can n:id do derive from lapse of time, in relation to oat inquiries: The ex- citement which follows the commission of great offences, has in some degree subsided : oad though our views of the enormity of the transaction arc the same, yet now, when passion is silenced, we can deliberate upon this subject with calm and sober judgement; and in whatever we may do, wc proceed with that dispassionate reflection, which should always mark the conduct of men de- liberating uj>oa great and serious subjects, and the right decision of which concerns the best interest* of publiek liberty, and the pri rate security of the citizen. their project would have been useless. In pursuance of this plan, and governed by these views, we say that these defendants procured a warrent for Morgan from a ma- gistrate in this county, went to IJatavia and brought him here; oo his examination he was discliarged. He was then committed to jail, on an execution for a debt due one of the conspirators, and on the next evening (I'2th September last) was decoyed from the jail, aud by force seized by several men, put in a carriage, driven to Rochester, and from theiice to Fort Niagara,at which place all intelligence ceases: and every inquiry as to his subsequent fate has proved fruitless and unsatisfactory. Now I am not bound to prove all these facts, as to his removal to Fort Niagara: if I can show him in their said, we or the officer, boa a warrant for Morgan.\ .Witness asked, \ What do you expect to effect by taking Mor- gan?\ i)ont remember that any re- ply was made, andthey walked into the dining room : several persons were there—a Mr. Lily, Eli G. Smith, a man by the name cT Pratt, and the party said to be from Canandaigua.— Did not know any of the party, and cannot now identify any of them. In the room saw the stran- gers, and asked them the same ques- tion, u What do you expect to effect by taking Morgan away ?\ Told them he thought it was bad policy.— Some one of them replied, \ ice or I have started for that purpose, and shall go on.\ Had not been informed that a party were to come from Canandai- gua for any purpose—was told by some of the party that the warrant was for igu on ; feared he was doing aoSKtaaug wrong ; was told at Batavia, by some one, that Morgan was on the limits at Hatavia ; and he did not know but he should be hurt for taking him away. They promised to get Ganson to in- demnify him, and when they got to Stafford, Ganson passed his word.— Cross Examined. When they arrived at (Sanson's, some one of the party spoke to Ganson and said, he had told him, (witness,) that he (Ganson,) would save him harmless for driving, and he asked him if he would. Ganson said he would indemnify him, and told him to drive on. At the time they urged witness to drive on he told them that a driver had got into difficulty for driving a person from the limits; and just be- fore they started, one Davids told wit- ness that they were going to smuggle away Morgan; and witness therefore was afraid to go without indemnity. They stopped at Le Roy and took re- freshments ; Morgan got out of the carriage, and witness drank. At Gan- son's, Chesebro and one other person got out ; saw no private intercourse be- tween Ganson and any of the party. Witness did not go in till after he had watered his horses.—There was noth- hands, bv force, and that they removed him <r ,, »%•-, - ,, secretly,',t is cno,-h. The man is then in \ thc f L W \new was going o Batavia, their custody,and the laws, the sovreigntv ofj ? n ? was ''' bk ™ bv some •• lhe party, to the state, may demand him at their hands. If inform Mr. Folietl and Major Seaver, they had right thus to transport him, let them that they were coming. Witness went!*°6 particular in the conduct or conver show it. Iiut if they do not, we have a right to Batavia and saw Follett, and infoi m- saton of the party, except that Mr. to infer that their acts were lawless and toUj |,im that they were cominr for the! Chesebro lose up several limes to see charge them with the destruction ot the lib- .,„ „ ,-. i •; », ,, .. Iif.-, ,,, „„ r • c • ••<•.. . ° r ., i _ i ri- n , purpose ol taking Morcan, r o lett re-' '* an y °-' e wa s coming. Said if they ertv of this unhappy man—and if his blood r ,. \\ .. , . . to S, , J «•*•*»*« j ... » J be shed, that also is upon them. With this l ,,,ed > J *\• >' ou wou,d k° hack and «« come for Morgan, they should not brief statemeut of the law and the facts, 1 h,- tell them not to come, for our village has j *•** him alive, and frequently wished vite your close attention to the testimony been troubled enough.\ Witness re- him to drive fast. which I will now proceed to introduce, and turned, and met about two miles east of refer you to that for a particular knowledge loe villuge a carriage, which he suppo- of the case. sed to be the same party : Mai. Gan- Mr. Uniting then introduced u.tnes- son was lv : th tnpm: whness told them seshe to sustains the indictment; , wha| Follm had sakL The Says that William David C. Miller, sworn, reside at Batavia knew Morgan ; he resided at Batavia in Sepi. last, and for some months previous.— strangers i said be was within six miles to the west. No other pr-rson had ever spoken lo witness about issuing the warrant. Had heard Dr. Lakey speak of Mor- gan as a bad man, not worthy to be trusted, and that he went away without paying the bill at Ackley's and Kings- ley's.— Crost-Examined. None of the defendants in this cause appeared at the examination of Morgan ; the com- mitment was indorsed on a copy cf the examination, by witness at the time. Ebenezer C. Kingsley, sworn. Knows a man called William Morgan, who was at his house in May, 1826. Doct. Lakey asked witness to go iuto Chip- man's office, after which a warrant was issued against Morgan. Witness ob- jected to the manner of recovering his property. Several persons were in the office, who advised witness to get nut the warrant, among whom were Hay- ward, Lakey, Chesebro, and he thinks Roberts. Lakey had before told wit- ness that Morgan was a man not to be relied on. Chesebro told witness that Morgan was not a mason ; that it was best to send for him. Lakey spoke much and frequently against Morgan. When Moigan first came to stay with witness, he was very well received by Lakey, Chesebro, and Howard, and considerable attention was paid him. Witness would not have taken the course he did, were it not for the printed and verbal representations he had seen and heard.— Cross-examined. When wit- ness went into Chipman's office, a pa- per was presented to him in the form of an oath, which witness objected to, because the amount was small, and he did not think the offence amounted to stealins- Witness had a conversation some Morgan had been regajred for time previous in writing a booK on Free Masonry. Witness published a newspaper at Batavia. notice of the I'hJ'n 8 or 9 o'clJck\in\\tl William R. Thompson, sworn. Has no knowledge of having seen any of the defendants now on trial in Bata- via, on the tenth or eleventh of Sep- tember last. Isratl R. Hall, sworn. W T as at Le I with Lakey and Chipman, in relation Batavia, and I shall go. The coach j Roy, and saw there on Sunday evening, to Morgan, on or before Sunday morn- turned back, and the strangers went on, j lOtb of September a post coa<h pass,' ing, the 10th of September, which he on foot. Ganson returned with the car- with Chesebro, Hay ward, Howard, and spoke of in his direct examination— ii;ige, and several others with him. — I he thinks Vooihies and Roberts. At There was a little wagon in the com- the time the carriage passed, he thought pany, whicii also turned about; it was j he knew the whole of them. Can't got out; one said, I have started for don't know which introduced it. Wit- ie evening. say that he saw Harris Seymour. ness has said that the brother masons of Moigan ought to pay for his proper- ty ; had publickly stated in his bar book was not published in the paper tijl \y: tnt > ss had two or three weeks be°forei Witness was in the house at the time, j room, before the 10th of September, after Morgan was cauieci away ; but it bepn i„, ormC( | 5 lha| Morgan was encr a -1 about two rods from the street was reported several weeks'before luat d ]n , Hlbli5 hi nf , a book on the subject Wn, R. Thompson. Wishes Morgan was so engaged. 'J his excited u * . n;iS( was asoniy. There were more than!correct his answer ; says to that he did six strangers to the carriage. It was see Chesebro at Batavia the morning a good deal of interest. Morgarj taken from Batavia on the 11th of Sept.' conunon \ la | k l!lat Morgan was publish-! Morgan was brought away, Chesebro i«i a carriage with several persons.— ine , he b „ ok . p rt . vious i v hc ta i ked ! asked for Morgan ; witness asked what a Witness knew only one, Mr. Hay ward, w -( h Ganson; dont remember any thing | he wanted ; Chesebro said he had Morgan's lamily he said in particular. Ganson told him I warrant for him (Morgan) witness told | self than have a person who belonged who was an officer then were and still that Morgan had stolen his article's. Doet. Lakey always appeared to be indignant at Morgan's conduct in that matter, and seemed to think witness ought not patiently to suffer it.— Cross examined. Lakey told him that he would rather pay for the property him- are in Batavia.— Morgan has never returned, nor been ,, ad been> a ne ^ a . bu h()Use of ^ ' U ! ard .°: f . *?T-!T l ?? t 3ff_ff_ l m \?.f' le S ates **• Rochester, Batavia, Lock- port, and C'anandaigna,and witness un- derstood that the suppression of Mor- gan's book was the object. Dont re- member that he was at Ganson's the morning after the meeting ; dont re- member that he was introduced to a member of the meeting. ' On the even- ing of the day on which Morgan was carried aw ay fiom Batavia, witness saw Ganson at Peck's tavern in Stafford, either that there was to be, or that thcie him Morgan was on the limits, and if! to the same fraternity he did so dis- except in passing from Batavia to Can- undaipua. On the 11th of September, Monday morning, witness rose late, sun an hour and a half high; \when witness beard that Morgan was \arrest- ed on a warrant, and was at Danold's inn. Witness went in pursuit of coun- sel, and therefore did not see Morgan till he was in the carriage. Witness came up and spoke to Morgan, and hey took him away it would be at i graced. Witness did not their peril. I Chesebro to get a warrant. Nathan Follctt, sworn, saw Chese-| A * ron Aekley, sworn. Sayshenev broand Seymour, at Batavia on the| ersaw Morgan but once; Chesebrc morning of \the 11th of September last,! was nev A r ass5 g ne ? of a debt of his a request The crime, with the commission of which the defendants stand charged, is, that they conspired together to secure and falsely im- prison William ?.Iorgaa—that in pursuance of such conspiracy they seized him by force, asked him to get out, because witness Kdsey S{onc> Mf Edv> Mr Tmvner> was bail ior him on the limits. Mr. ;md te9tn \ others, with Major Gan- Hayward stepped up and said,'*Mor-: were theie Thft object of thp gan must and shall go.\ When wit- meelin? was tu t the paperg from ness first spoke to Morgan, he paid no Mo rgan. Witness was in a hurry, and attention to the remark, and witness was rcqucsled t o slay until he under- was surprised to see the change in his iSU)od tne arrangement. Ganson, wit- appearance— his countenance assumed > SU p posed entered into the ar- an ashy paleness, bis eye was glassy and rangeillriIt . Ounso,. was asHea whelli and set. Wkness then spoke to k«L it was bcst to t0 Batavia, and with vehemence,at which Morgan start-: sbou , d tbilll . ,, e was m favoUr of it _ B ed. and was in the act of rising, when-Nothing was said of carrying Morgan . some one sitting by his side, put hw jawa y at tnat meeting. Ganson's house hand on his thigh, and said in a lowj was a stopping place for the stages at voice, \sit still.\ Witness does not| almost alJ hours of the day and night; know whether there was one or two. was } n f orim:d lbat lhe charge aga inst persons on the same seat. Immediately i Morgan was for theft; did not und?r- Mr. Danolds, the innkeeper, seized i stand tnaJ ob - t WM in view but „ t u.sthTs'wIllandwiSut witness b * ,he \houlders turned him; he taki of Morgan on the warrant. Srtsand place, without the territory and*- The officer, Hayward, ordered the dri- as be understood, of consulting '•••••--' --« ver to go on, and the horse?started ofl aboul the measures to be taken relative at full speed. One of the party was j {Q lhe book Maj. Ganson commenced saw Doct. Butler on the evening of the 10th of September. Witness was at Danold's on the morning, when the party left for Canandagua. Had some conversation with Chesebro in the morning, relative to tne object of their visit. Jeffrey Chipman, sworn, says that on the 11th of September last, Morgan was brought before witness, who was a magistrate; went into an examina- tion : Hayward was there also, Isaac Everson, James Lakey, Loton Law- son, E. C. Kingsley, Timothy L. Bo- T Ue, N. ft. Che.sebro ; tiir>se he gainst Morgan ; Morgan never owed witness any thing; witness never gate Chesebro any authority to prosecute in his name. Witness was informed by his family that such a man as Morgan had been at his house 4 days.— Cross Examined. Witness made an assign- ment to Chesebro, Wilder, Beals and Palmer, on the first of March, 1829, for one month, and they put one In- graham into the house. The assignees continued, however, to exercise their power until the 19th of August. There was a clause in the assignment, by which, if witness chose, it could be 'continued longer than one month. knows were there through part or their\ ,. whole of the examination; thinks he ! The «\ e ^ as a , ' st of \\»« » nd acCou \ ts knows others were there also ; has the I lel * b ^ ? lieS ^ r ° W,th Chl P man tobe •» the ! co '' ectea - \ ltnPSS never saw Mor- risdiction of the state of New-York, and in one count to parts and places unknown.— They are also charged with having•assaulted j left behind; cannot state how many| DUC kine l>is goods on Sunday evening, him, seized him, falsely imprisoned secreted | ns were m the carriage, but should J J d „*,. and detained him, from the day of his cap-i» - Thinks one of the say four or five, party sat on the mined by a uu^ele«k^«odotliarlsugM^lu«i\i^ the person who was left be the laws of this state, in the forcible and vio- hind was the only one who said to tin impression that he saw Seymour door, and Roberts in the room. The examination resulted in the discharge of Morgan ; and Chesebro, as assignee of Aaron Ackley, asked for a warrant against Morgan, for a small debt Chesebro made a bill of about two* dollars ; Morgan said that he did not intend to go, away and leave any bills unpaid, and he supposed that was paid. gan's name on the books—understood that Ingraham had made a list of ac- counts and given it to Wilder. David Danolds, sworn. Kept pub- lick house in Batavia in September last; there was a party at his hon&e a- bout that lime said to be from Canan- daigua. Knew no one but Seymour— now Tecognizes Hayward—it was the , , . , , T , same time that Morton was taken from Judcement was entered, and Execution !„ . .. • L-S It.1 a ,t. M n „,,n .««fc «ff Batavia-witness guesses it was on Sunday eveningt tbeyh werem there—t StttiSttSCELliiijr.- - •\* b °* ™ , h ,he A riv .\' lent abduction and detention of this man— as the law existed at the time oi committing the. offence. . . In order to prove a conspiracy, it is not ncccs=arv to establish the fact that a conspi- racy was actually formed, and a precise a- greement entered into: the conspiracy im<* diiver go on. Ci-oss examined —Has heretofore been examined as a witness as to this mailer, and gave a very full and minute history of the transactions com- mencing with what he has testified here. Dont remember that he said at that ex confederacy among men to effect an unlaw- amination, anything as to Morgans ful purpose, is derived and inferred from bookSj w h e n he saw him in the caniage. their acts and conduct—and hence if it he p. (d nQt know Hayward at the time, but has since seen him and recognizes him. Does not remember that any one said to him, \ if you have any authority established that two or more men arc com mitting acts which tend to the perpetration cf a crime, or to the injury of an individual, the law infers that they act in pursuance of an agreement previously formed: and there! to keep Morgan, show it,' is good reason for this rule, for if the prose- | n j n g vvas said, cuter were held to prove a positive agree- D oc t. Samuel Butler, sworn Blent «mong conspirators, justice would in almost every instance fail. Men do not call witnesses to their criminal intents and con- duct—offences are designed and generally i a pu committed in secret, and in such manner as Ganson's the Sunday evening previous no such Last and he was engaged on Monday, Tues- day, and Wednesday, in packing and moving his good?. The carriage had been at the house three or four minutes when witness was called back, witness was about ten rods from the house.— Heard some of the company say they wanted supper, but did not hear Gan- son's answer. Francis Hopkins, sworn. Lived in Batavia in September last, and on Monday morning, 11th of September, drove a stage fiom Batavia, Mr. Chese- bro, Harris Seymour, llollo*ay Hay- ward, and others, were in it. Hay- ward was the officer. Win. Morgan was also in the carriage. Dont know any other names; has seen one of the persons here, but dorrt see him now. Chesebro rode on the seat with w itness, issued without oath. Morgan look off his fioek coat and offered it to the con- stable, and said he should be able to redeem it the next day. The Execu- tion was in the hands of Hayward, who declined taking the coat, but for what reason, witness does not recol- lect ; supposed it »as because Hay- ward was unwilling to take away the last coat Morgan had. Hayward ask- ed Morgan to walk out the door with him, which was the last witness saw of him. Thought the coat was rather old, though he saw no holes. Amount of Execution, damage &c. $2 69. On Sunday morning the lOih of Morgan wen away wit the the nex morning. Morgan came to witness' house with one of the party, sun about half an hour high. Morgan took break- fast with the rest of the party and the boarders ; his bill was paid\ by one of the party from Canandaigua; saw Morgan get into the carriage—saw nothing in taking Morgan away differ- ent from taking away any criminal, and dont know as he should have known that he was a prisoner if they had not told him. Breakfastedjhat morning, as usual, at 7 o'clock. J Isreael R. Hall —was jailer irySep. Doct. samuet nuuer, w» ... ~~ Chesebro rode on lne seat with w itness, Sept. he rested ,n the town o! Stafford C^b^otfd odtbe and Major Ganson also. Ganson kep , and u bed him to ^ ^ ]a publick house there , witness was nt£J ol lliic couiUy, to elude observation and detection. The rule, therefore, in this case, is one of neces- sity and of salutary effect; and by it, your view of the offence charged on the defend- ants will be governed to the abduction of Morgan. When witness went in, there ^ere none there but neighbours. Started In go home, when he saw a roach driving up, and The facU which gave rise-to the conspir-' some one called him back ; was intro- Chesebro wished him to drive fast, cause he expected some persons would follow to lescue Morgan. Before wit- ness got out of the village, he made a halt for Seymour, who was lefijiehind, to come IHI. Witness va? unWillinj^rb September, Chesebro called between 9; b l82 5 when Morgan *g?e3 10 o'clock, at witness' house, and told I miIted . but wasi)ot at home. Mrs. Mary W. Hall, sworn. Js the wife of the jailer; Morgan was in jail, him he wanted witness to go to his of- fice to issue a warrant. Chesebro came soon; witness asked whom the, , . complaint was against ? and Chesebro | jnd on Tuesday tie 1th or 12th of answered, Mr. Kingsley will be here;f'pt. belween 9 and 10 in the evening, soon. Kingsley came in and Matedj^ ^ released L^son took Mortal, the facts, that Morgan borrowed a | by the arm, and while she was locking shi.t and cravat of him, and his oath|^ \«° r •«»« s ,Pa ' d ^ \y of mur- was satisfactory to witness, who issued der, went to the door, ano Lawson and the warrant and gave it to Chesebro. In the course of the business, witness asked another man, with Mvrgan between theriC were going to the east, Morgan where MorWn was ? CbewbroIuyWg to tp murder, went to the door,

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