{ title: 'The tocsin. volume (Cooperstown, N.Y.) 1829-1831, July 12, 1830, Page 1, Image 1', download_links: [ { link: 'http://www.loc.gov/rss/ndnp/ndnp.xml', label: 'application/rss+xml', meta: 'News about NYS Historic Newspapers - RSS Feed', }, { link: '/lccn/sn85042153/1830-07-12/ed-1/seq-1/png/', label: 'image/png', meta: '', }, { link: '/lccn/sn85042153/1830-07-12/ed-1/seq-1.pdf', label: 'application/pdf', meta: '', }, { link: '/lccn/sn85042153/1830-07-12/ed-1/seq-1/ocr.xml', label: 'application/xml', meta: '', }, { link: '/lccn/sn85042153/1830-07-12/ed-1/seq-1/ocr.txt', label: 'text/plain', meta: '', }, ] }
Image provided by: Fenimore Art Museum
~-forthe frat Ive ce. ywhojte‘ceivg thei? papers at the office, and pay HP & \Rugfiéiiediiifandaya. 5:3, Exomy s. pUrron. _ i Wand subsci : r 0 at the end ol \dil Those who tike their | apers at the 00 -To-Companies of 18, or more, for then in advance, $1 50. . Rites of Advertising. tlon; und forrevery subsequen insertion 25 cents. | © ' -50 cénts per square\ ressed to the was alledged Morganss and such, he says, is the probability .- r ..... - . alll ~ abovaanswers don't recollect VOL. IL. _ as 'murdered, The answer of witneg@- might involve 'The govern- for . _- CODPERSTO \EB JUST AND CBE Just AND merece know the nature of the communication,. wN, N. Y. MONDAY, 'J ULY 12, 1 . ~ swer the same, the Court adjudge such [said to be confined '; was consulted by 7. 880. ° and all that passed between then. Sup- pose after the conversation about sup- pressing the work, witness went to Fort Niagra-and- copsnited with-defendant;| ty of Niagara: for thirty days** about teceiving Morghn, and M. was carried there 'with defendants consent- thinks such a case would involve. wit« ness in an after prosecution, as a party to Morgan's murder. <> . Burnard, for defendant. ~, The ques- tion is improper as regards the defend- ant, asethe forin of it obliges him to an- swer a matter of fact. - Can witness nay defendant was consulted, if he had only the confession of defeitdant 1 - > refusal to.be a;contempt: conmnitied: in open court, and sentence him ' therefor to. imprisonment in the jail: of the coun- | ([The. Court finding that witness-was possesed of no property, omitted impos~ ing a fine, because it might go to miti- gate the punishment on indictment.] Examination resumed. ~ Witness, to a question what his information on the subject was, says he could not tell :.says he never heard defendant, in conversa- that. with one or more personé‘ admil that such application had been made to him, ;Never heard defendant say he defendant when Jie was indicted as) counsel, but does not recolfect a previ- | ous conversation ; was not present at, -any-conversation-in-defendant's-pres= ence in relation to this matter. 22 ~ John Jackson sworn. (Witness lived i Lockport in Sept. \1886 was bot at fort Niagara at day . light of 14th Sept. was.there on the night of the 18th; was at the house of Edward Giddins; thinks the installation was on the 14th ; went to the fort on the evening of the 13th ; webt to to the installation on the mor- ning. of 14th after breakfast. Witness is asked if on the morning of the 14th, <Chirt to witness. ~The court must o- verrule the privilege. You must an- swer the question. ' W. \I will not answer,\ Court, \I shall punish you then.\ had agfeed to prepare a plage for Mor: gan's reception : nor dues he-recollect, positively, that lie he heard ary person say, in presence of defendant, that he had so agreed. __ Does not . know. that he and Giddins, or witness or Giddins alone, went to the magazine ; witness refuses to answer-thinks it an iniprop- er question-thinks his answer would involve him in an indictment for an of- tatready kne that the personpn the outside qalied the one in the mifigazine by name; don't recollect that he s . Toa question, \what wis {he con- versation that passed Between the per- © ke to him as oqehu | fsouzon-the -outside- and tre-OB insige 1\. coutisel for defendant .of on the ground that defendant may be implicated by conversation to which he was not a party, or which was not - héld-in-his: presence:~-'The counseFfor- they did not wish _withess to detail t_ that /w 'exiobin defendant, - unless hie were present: they wished justice to be done, and nothing more. 'The court then instructed the witness not to repeat any conversation that 'would go to implicate defendant, unless it: was-held in his presence. . Witness answers to question, that he «don't recollect :** something was said; inost forgets 'what : the import, to best of his recollection was, \\to clear, to be, off\\-he \took the substance to 'he to voice came from the magazine; he did not stay for an answer to be given ; he dropped what he bad and ran ; he drop- ped a gun, a fowling piece': got the Lobjecth .C 0C people disclaimed any such infeption : |_ _- 'clear-out and hedid.clear out 1 Thinks _ . him- an indictinent for murder. of his hunts -The-court remarked that witness was teble c # te. ned recu hound to know that In;_j§7gu_il(.y_ of the.) pienge.’ and if a fnanner *C! 590 murder of Morgan, and that his answer of . © \ - - iwould afford a key by which his guilt have © -- & -' would he exposed, 'before he refused to their tole\ AGENT?“ . answer on that ground,. sin» 16:2:ka Otsego co. gnfiazfi'dfiiié. Counsel for the people- Cofitended that from - Otego, - bo kk Gideop Cornell. - thie government had not set up any such fohn- Burlington, < , Ebenezer Sheldon. offence as murder ; it is set up by. the many gtlsfl, tom'fla co. gm g] $032“. witness and his counsel. )v oR. sol £2,532? 850. ”$1761.23 3% ment were not in possession of any pos- Seot, Courtland co. Zenas Miller. itive evidence on 'which to found such high- Sullivan, Madison co. Oreb Montague.\ ~ ~~ \an Indictment=that . the record ac- i gfinrflmff— lit gammy: (ilflfk- quittal then in court exonerated -hini ted a Eégémce 52mg?“ colwafi‘nbfi Stanoetel. «from any prosecution for a misdemeanor. ney, A Cheshire, Berkshire co. Mass. A. A. Haskins. The counsel -for witness rephed that ren- uz s. the mere assertion of the counsel t 60 a w . government, that there was no evidence that ANTI' yI-ASONTIC- on which to found an indictment, was it the --- == no réason why the witness need not a $ 1 Reported for the Niagara Courier. ----ABDUCTION TRIALS. __ Niagara Specian Cinount. -Justice Marcy Presiding. Tuesdoy, June 15; 2 P. M. f-Matthews, Griffin, und Mason, me too Amasofic witnesses !-White. The jury having been empannelied, as heretofore reported- ° Mr. Wiiiting opened for tHe People- brie@y stating to the jury the nature of the éduse which they were empannelled to ty, and adverting to the facts which , the prosecution expected tu prove. Orasmus Turner put upon the stand, [Withess requested perinission to con- fer with counsel previous to giving tes- timony. Counsel for people objected ; u Indictment for a Mis- demeanor. 'it would have a tendeney. to render him wer... 'To'The objection .urgedjhy. wit- fegr‘to answer, as the ohject of the in- quiries might be to elicit such evidence; and that it was the object of witness not to furnim such evidence. Cou fiBefivre witness can claint the privilege \he must know that it would in- volve him in a criminal prnsécutiun, Witness objects, that his answering z vcl. cont Elmfet_réfl¥uzl§-'s; \that Tf-no-othe ote > us ground of refivial exists, 'he -mus ness' cotnsel, that this Answer might render him liable to an indictment for murder, the court further remarked that witness must be satisfied that it would so render him liable, before he could; without being: guilty urFeT'jury, claim bis privilege. ' Question as put by the court-\ Was the defendant one of the persons consult- «d with in relation to separating Mor- gan from his friends at Batavia, as a Stating -that avitness has known-or eight or ten days past, that he would be cal- led on as a witness, and he should have consulted bis counsel before. White, counsel for witness, stated that he had just come into court, and had not had ah opportunity of speaking to his cli- ent. - The.court refused at this stage of the trial, to grant witness's application -and the examination proceeded.] Wit- ness says he resiled in Lockport, in Sept, 1826; knows defendant, who then . resided at Fort Niagara ; dont know he was then an officer of the U. S. army ; was titentoo 7 fort ; no troops there then ; dont know how many families resided there at that + uke \Athne; wilness was a member of the ma- sonic fraternity in Sept. 1826 ; there . was a conversation among the inaxons -about that- thine, -that a certain. W. Mor publication of a book concerning the se- crets of freemasonry 1\ To this question, the court says wit-! ness can answer affirmatively or nega- | tively without criminating himself.——! Witness thinks the affirmative would.\ Court-* You «are imataken : .the an- swer will not render xou infamous :i yuu caunot claim exception on that' ground.\ Witness answers that he does , not claim exception on that ground a-' lone, or for fear that it would involve him in an indictment for assault tery or for conspiracy. ' other charge it would involve him in, about which he had no right to qneu‘l tion him. As to answering the question the rule is, the withers cannot be com- pelled to answer any interrogatory that Thinks witness has imbibed strange and having contumaciously Wishes to preserve| aworn as euch witness, the court ad-) question, gan was compiling and about to publish a book relating to free-masonry , & heard the propriety of suppressing this buok also discussed amoung the masgns about * that-time--heard-mesasures suggested -that . withess. will_by hir anawor. to. a. to receive the law. Thinks will involves him it a erimin: ral progecu« such defence, unless he knows it will so involve him. The court must Have tho answer questions pronounced prop- | ment for the space of 30 1 antkione tion, but that he has no right to “(7an rights of withes«, but the ngvrnfijmlze Tim gmity of contempt r per H if he refuses court, and sentence him to imprison; [Before directing the clerk to enter rule of court on the record, Judge Mar- cy observed that witness was liable to an indictment'for every contempt-and that he should cause every one that oc- curred to be entered on the record, and would direct the district attorney to find bills -for each:] -- * =~ . Record. \Orsamus Turner, a witness in the cause of the People vs: EZeR?OH Jewetf, having refused to ansiter the fullowing Was the defend- ‘uf the persons consulted with separating Morgan fron Bata Eh 'o tion of a book concerning the sgerets of freemasonry1\-after the de- cided that it was a legal and proper in- terrogatory for him to answer, the court do adjudge him guilty of a contempt in upen court-it 'does therefore sentence him to pay a fine therefor of $250 and be imprisoned for the space of thirty days in the'jail in the county of Niag- ara.\ ‘ Exaniination of witness resumed. Q. \Do you know that the defend- defendant was present at discussions re lative to the propriety of carrying off Morgan.\ to ret Witness is asked-\Have you ever Heen present at a conversation between two or more persons, at which Jewelt was present, on the subject of confin- ing Morgant' © Witress~ refuses to an- swer. . © * ~Q. \Was you ever present when the subject of preparing a place at fort Ni- agara for the reception of Morgan, was | diengged.i» the presuges\Fadefertdant (** Witness -refuses to answer, and-the @gestion is thug yaried : Was you ev- ef présent when the subject of prepar- ing a place at fort Niagara, or at other {place within the county of Niagara, for the confinement of Morgan was discus- sed in the presence of defendant!\ Winess again objects to answering on former grounds. The court decides that the question is a proper one, and directs witness to answer it. - He refuses: and the court order entry to be made of con- tempt as above, and sentence witness to an imprisonment of 30 days. Examination again resumed. __ Wit- not kn fence of high magnitude.\ Court says he cannot be prosecuted for the conspiracy -a - prosecution for fowling=piece-f Gidding - dont Iknow that it was loaded: the person with bit requested him to take it along ; that offence is barred by-the statute. Griffin says, witness 'does not wish to disclose the act for which he fears a prosecution ; that is the very thing he wishes-to conceal: € uce ~- Court. - Do 'you suppose it would involve you in a prosecution for mur- der 1 ~ to Witness answ know it ov charge fi‘ murder. { Spencer, that if he would tell a would protect him. ° The Court stated that witness must appeal to the Court for law as to Ins privilege. - Witness cannot have the privilege unless he knows murder has been committed, from evidence more than is, known to the court, or to the cummiwnity at large-and that he would be involved in it. - To claim the privi- lege on mere presumiption that such a result would occur, rendered witness guilty of perjury, If, however, wit- t took it for the purpose of going a hunting! had before. concluded to go to the in- stallation, 8 miles! put a bag on him to carry the game in! the person he went with said,-letus go a hunting 't | 'This was after breakfast. The voice witness beard, caused him to run-it \scart him !\ thinks Gidding replied to it; dont recollect the substance of the “$535” any. part ; . recollects the ro pif-was very-Joud-sedontt.recullect that. t- wean: object of-the _reply might have*beén to orderthe\nian to be quiet; cant be positive whether it was or was not; his language' might have been that of a man speaking in a commanding or threatening thanner ; it is his impression that it was to induce silence on the part of the man in the magazine, heard the‘ voice, and then told his companion he would stay no longer, thinking it best to be off-thinks the voice was as before stated-dont - think he staid to hear the reply of his companion-was surprises; to hear the ant, Ezekiel Jewett; consented or a- greed to prepare the magazine at Fort Niagara, for the reception and confine- ment of Wm. Morgant Witness objects to answering this question, as he thinks it the same or like the other, \Fo an inquiry of the court what are his objections, he an- swers that he féirs it may involve him in an indictment for murder! Court. You are not asked whether defendant did agree to prepare the mag- and bat- } azine. Witness answers, it is a leading ques- aw torm;-am} he cannot answer it without danger. Counsel for witness here wishes to consult with him. Court, \I don't know about that !\ erroneous ideas. the law must be enforced ness says he -has sworn -on several oc- taxions on this subject, _ Was sworn before the grand jury. Witness is then asked if \ he did not go to fort Niagara in the month of Sept. 1826, and see Jewett\-and he objects to answer, He is then. asked if he \did. not swear so before the grand jury 1\ - Counsel, for was not pressed. ° Examination of wit- ness rested. Eli Bruce put on the stand. | Wit- ness refuses to be sworn. | \I was once before sworn and examined, and no good came-nf fit- ~~~ Record of Court. | \Eli Bruce being called by the proseciitor for the people to testify as a witness in the 'cause of defendant objects to the question, and it F nesses will brave heaven and earth and commit perjury, it cannot be helped. By answering, witness need not admut that he murdered Morgan-but he must know it beyond & reasonable doubt. Barnard. - Every man in communi- ty believes a murder has been \commit- ted. Witness requested permission to con- fer with counsel, which was granted. On his return he still refures to answer the question, | The Court remarked that witness must nut assume it as a fact that Morgan was taken there, and 'The People vs. Ezekiel Jewett, and days in the the reasons of refusal, | If they can see er by the court, from which be is alone | jail in the county of Ontario, he being -that-would. probably hrddnne that re- criminal prosecution, they will exense: jects too soon, sult ; one measure suggested was, thit if ho such reasons are shown, the Const ®... White, for witness, thinks the answer \a writ of Aubeas corpits To Text dt xvumfi'WWer—W from his friends and acquaintances at the priv Batuvia ; dont know that this was pro- posed by any person residing at Bata- via certain persans there were con- this was at Balavia; heard Ue measure discussed at another place where 10 or 12 masons wore present, but it was o- verruted by a majority of those. present there ; it was then conchifed not to mak afly move in the business; | nt know what measures were aferwards taken to bring about thas result ; dont know ofany arrangement to bring Mor gan to thivplate ; heard he was commng from Batavia here ; - have-communnicated it to BH Bmuee ; if he did, it was as rumor ; dont know who he learned it from ; knows of no arranggment by which Morgan was to but was not then concurred in ; whether he know it or not. [C Thinks het su_here witness ob-|a prisoner now in the custody of the sheriff of that county, | brought here on witt compet-thu-armwer;--Povertithe to itself would furnish evidence- ageinat-carse.- ular question must involve the withess in-n indietment. for tr read ' int here, \ fendant confers or admit that he had Counsel f t wi'ness thinks the cases\ consented or agreed to prepare the mag- 'to be exempted from testifying. by Special Counsel.] The Cou thinks the cases do not differ. do Aiffer-Lecause witness is asked >\ he knew defendant was consulted rier to tri d. 1 Cou t -- Witness oihist claim the priv. the con inemeng,of W. Morgan. | To ed with that is time e- 2) question, on its being again pul, he his acquaintance with | defendant idlege when in danger : nough. tins. There the concerting was a erime White=¥Witness does not Test his refusal to answer on The misdemeanor, but on the groyad that a murder hal whether the defendant was applied to vidual was writing a bo n for a place in or about foff Niagara, for and that measures would he faken to been committed : some inquiry the ege, the anawer to the partic- | him in ancindictment for mnrder, Court. in, a withess was shown a let- Ciretimstunces to.involve him in a crim- Rruco, and to pay sulted as to the propriety of this meas- ter in cipher ; Che refused to answer inal prosecution. I cannot see how the answer sworn. On the trial of Burr could possibly form a link in a chain of like imprisonment as ~-Jain--Whkitrey-atso | refused | to be counsel, saps he went tow ards the tiag- a e & him to a |azime, in company with another person: in the case of| might have weut withit one rod of it ; The court sentence a fine of §250. L. Barton called. = Witness Ja nes Question varied at the suggestion of states that there is an indictment pend- point in open court at Canandaigua. refused to be| Witness replied that he answered same ur one of hhe import, on the The Court decided that if wittess ha ”once waived Ins privilege, he could n grant him the privilege now. Question repeated. the magaZme on the mermng ifthe b ify in this: Sept. 1826, before you- went to Lewis- Witness, after again consulting. ton 1\ it was not defendant who went will him. Q. '< What was the Court. az ne 1\ - Witness answers he has not. N ver heard him say he had consented that the inagazine should be used for iston, in Sept, 1826 ; wa» not acquaint- | gazine 1\ 1 dont recollect exactly what ; thinks he was had a busket in his haid ; dont recol- i lect that he seen what was m it; it was up with a cloth or brown pa- a vessel ~ with drink in it; does not recoliect that'\ Burr's case is different from \answers that he has no positive proof of trifling; Refuses to tell what proof he has on lit. of it i before effered. ~- The witness in asked, \ saoie _c hymn ins to answering _C Have you heard the de- ing againal him in Thit touuty, IGT a participation in- this affair, and claims examination is waived. Gust ous W. Pose- Resided at Lew- defendant before 14, Sept 1826: had no. conversation with hin first heard of Morgan's that day; a c te ex nub das; some (wo or three weeks before, wit- Do you know ness heard an intimation that an indi- ik en masonry Hix be confined in the [fail here ; knows of woul! be had. no permission given to confine him in . the jail.here; knows of but 3 persons who knew of the rimour of Morgan's Every person who helped take Morga Court -¥ eu must establish that print. off would not he liable to an indictment ' coming here ; they were masons : the conversations alluded to took place 2or 3 weeks before the installation at Lewis- ton ; installation was on 14th SeptemJ ber 1826 ;: was at the installation ; was was at defendant's residence c other and after counsels. not at fort Niagara op That day. quest continged. | To a question whetherthe defendant was sine of thase with whi communications were had in reference book. and his separation -. 40 Morgan's . Lmb'm to a criminal prosecution. ought Rotts answer ths \ The; with persons on The «abject; it *~ witness objects to answering a quesfiuuxaanins! hin-it would bring home to whether he was at Fort Niagara during him a knowledge of the transaction. _ __the month of Sept.1826,. nntil he has. consnited counsel-a«\ he was indicted tion may be followed hy others that JeweJt, was applied to but sequitted, -for a participation in the; would involve him in a charge for a about fort Niagara, abduction. The court granted the re-; < Adjopmed to § A. M; on l6th,- - ~ Fine 16.-- Examination 6€-'Tarner] ipg, on the ground 'hat it would Counsel for witness contended that he swer here for his murder, as that offence might: answer the question. have been committed in pursuance of in White.-If it be shown that witness nlting Court.-Yon seem to think this ques-, you know that the defendant, Ezekiel conversation | between ; the pnrposeofcrmfm'mng. Morgun?\ suppress it; has had no conversation Heé objects to answering the question, with defendant concerning Wm. Mor- n and clainis the privilege. |gan's being in Niagara county;, has nev - 'The court decides that witness must er been present alany conversation be- He refuses The tween defendant and others touching: ' Court then proceeds to pass sentence. this business; had no positive knowl-' on witnees for a contempt, and directs edge, that Morgan was im the comty the clerk to enter the follewing-record : , of Niagara ;_ was not at the fort during ** The counsel for the People, in the the month of Sept. 1926; never had - gainat Egsekiel J. ans M - 6 'elt, asked Orasmus Turner while on in defendant's presence touching the the stand, the fellowing question-'* Do abduction, or the ramour ; heard no any - persons for a place in or touching the abduction, in Jewitt's pres- for the purpose of ence. - ing to the magazine 14 -Witnes | for the present Q. person who went with you to the ma Witness thinks there was covered rer; did not see him carry 'he did so at any other lime; witness} thinks Ae did not carry a vessel contain ing drink towands the magazine ; i was a wooden basket ; a small basket sume might call it a breakfast or dinner magazine ; thinks he did not see that person go into the magazine ; maga- zine is about 40 rods from . the house where they started | Witnesshad to go by the window to return ; the man did not return with him ; cant «ay whine-f ly that he saw him come back ; saw the house ; cant say | whether he fad the basket. han go towards the door of it ; did not knew it? may Him—e defendant's counsel L. * Grifin.-If this question is answered:groond that the ansiver might have a in the affirmative, defendant's counsel tendency to invglvinu-q in a proseca= might follow it ap and ask. him how he: tion for If he ankweuflte might di- Court ivulge the fact that he rect answer to the question could not witness declined an- with defendant himself-and-in an in-. farnish evidence, directly or indirectly, dictment for the murder of Morgan, to implicate | which might hereafter be found, his am-; prosecation, ifimwifit Wm The witnessrefusing to an- led Morgan had been carried through Lewiston , wriiness was at the fort two or three days afer the installation; saw Giddims at the fort ; didactseaéefend— ant there q his motive in gosug there was to ascertain if Morgan was there ; withess was pot at the magazine at that thnég.fiever saw Morgan ; did pot find anyaman therein confiuement ; did vot the mutder of Morgan. | 'The decide, that in its opinion, the di- him, the in sacha tis and” ovenpfe criminal offence. - When such are put confining Wm. Morgan !'-The wit- ~ -JP: fotchkiss-Resided at Lewis-| which witness saw he thinks wank)“ wrilheentitied tn-refree er-. ness claimed his privilege of refixing to . ton in 19% ;. heard a report. about the | or partly opened; the person wis a lit- ing. He Takes his étand too soon. { answer the j inn, upor the (medmem-uu‘duuum‘zwmf te ahead of ; did net sea ' cant say positively but he dif.enter Witess is asked fin the maga swering. mast answer. didy* a jat the true be | oxathine the place where the man was: | that the fiat he d 1; sided in the' mess house at the fort ; © Did you go to your object in go- es to answer, and question is waived Was any thing carried by the basket. The other man went up to the I him when he was within a few feet of At the magazine saw the see any door unlocked; the outsidé door \if he heard thei . person with him speak to any person Zine T* - He objects to an- The Court 'decides that he Witness answers i he in the magazine replied: thinks he cid not hear a noise before or stagped, don't recofiect voice-from-the-magasing in-fhot-man- . ~ner-might not have been surprised if he had heard an uncomplaining voice; it was the manner of the voice that in- duced him to run--ludgedathis friend's the night before--dount recollect a car- riage coming to his house--nor near it, nor about it: dont recollect now that any men came to the house that night; he was told so : had no knowledge ofit. Witness before that time had been in- troduced to Col. Jowett; does not re- collect that he saw him ag the fort the evening previous nor before he went to Emurdéred,. a al e privi- the installation ; in the morning the lege. steam- boat - waw ~dock go o 'The counsel for the people here ask- Powuyonl; Giddina® family was going ed witness if he did\ not testify on this up ; Giddins was the man he went with to the magazine ; believes the fort was teft in care of Giddins; when the froops went off, Giddius was left in charge of the fort, sometime before Sept. 1826 ; at a Insts a on Sewertre cant «wear that \he had charge of the fort at any time. - Witness went to the ' saw defendant at Lewiston, and conver- aed - with him ; doot think he inform=~ -ed-hinr of -the-noises bad-special . or«_. ts\ when he left Giddins; heard-a- noise in themiagazine before he went to Lewislon; it was a few minutes af- tet the first fimé; it wasa human voice; when he last heard the noise he was assing by the magazine to go to Lew- 'iston; had an errand to do there; he was requested to inform certain persons 'there, that the man in the magazine was making a noise; Edward Giddins gave him the errand; Witness did not communicate it to defendant at Lewis- ton, mor in his presence; dont know that it came to Jewett's ear that the man was confined in the magazine, ¢X- by hearsay; witness was request- nicato e o grco tain persons who were named; more than une or twa; not the whole install- |, ation; not to the defendant, nor to any : one living at Lewiston. :- Adjuumed to 9 A M. on 17th, June ith. Jackson's examination re- suthed, - Witness don't recollect that the man that went with him to the | magazine had any weapon; he spoke about a pistol; he had a pistol ; don't 'know that it was leaded ; when near the magazine the man spoke to “30 person in the magazine; thinks he said 14 o that any thing was said to the man in the inside about the pistol. iness communicated bis errand but to one [pe-mn at Lewiston, - When the man in the magazife said \be off !\ Gid- dens wanted witness to stop. The man to at Lewislop, 8 Cross-ex. - Giddins at the house bad 1; can't say he saw it after they 2 pistol started, 1 ¥«: installation. in the forenoon ; thinks he |_ | thas witness communicated his errand _._ ___ ty been paid for, to fieffimfi'ffitm «<
