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Binghamton courier. (Binghamton, N.Y.) 1844-1849, December 17, 1845, Image 2

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Persistent link: http://nyshistoricnewspapers.org/lccn/sn90066556/1845-12-17/ed-1/seq-2/


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‘ Jam es Fen ai more Cooper has in th e English press, a new work in three volumes, entitled ‘•Elinor W yl- Jys, a tale of Am erican Life.” T h e .announcem e n t dubs Mr. Cooper its editor only. H is “ Chain. Bearer” is also in the press of Bentley. T H E G R E E N E A F F A I R . ^ I n J u s t i c e s ' C o u r t. BEFORE E. C. KATTEL, ESQ. The People, 1 vs. > E x a m i n a t i o n o f Witnesses. Jolm Johnson. ) Nov. 18. J a m e s B o l t , sw o r n , says: — I am forty-one ■years of age, reside in Greene, Chenango Co., I L a v e resided in T r i a n g l e , B r o o m e C o , m o v e d there tbe fore part o f April, 18 4 4 . moved there from Greene where 1 now live. W h p n I went to Triangle I had a wife and six ch i l d r e n , the oldest, a g i r l , w a s about 14 or 15 y e a r s o f age. H a r v y Hammond, F r e d e r i c k B u r g h e t a n d N i - iam Johnson carried the goods, all thechildren but two, one of them, a boy, w e n t w i t h m e on foot to drive the cattle, & c ., the other, an infant about 20 m o n t h s old, w e n t w i t h i t s m o t h e r . 1 moved on to a place belonging to John Johnson in Triangle, my wife and youngest child rode over with John Johnson, he asked her to fid e Otrer w it h him as th e r e w a s no c o n v e n i e n t p l a c e fo r h e r to rid e on th e w a g - ons. 1 had w o r k e d for J o h n J o h n s o n 7 or 8 y e a r s before t h i s ; the farm in T r i a n g l e is about 14 miles from Greene. W h en I got to Trian- crle the goods were unloaded and the teams g o n e I met t w o or t h r e e g o i n g back. W h e n I g o t to Triangle I found nomine there except my fami­ ly, 1 thought my wife upon my arrival looked rather dow n - h e a r t e d , sh e did not say a n y i h i n g m u c h , sh e com p l a i n e d o f her a r m s b e i n g la m e about that l i m e ; sa w s h e could not u s e her arm s a s sh e used to. her ap p e a r a n c e w a s different from w h a t it used to be, sh e did not t a k e hold o f b u s i n e s s as sh e used to, and kept d o w n and said but very little about a n y t h i n g , sh e did not rest as w e l l as usual nights, and this i n c r e a s e d . A b o u t t h e fore part o f M a y I called a p h y s i ­ cian, D t . P u r p l e of G r e e n e : m y w if e soon after th i s m a d e a com m u n i c a t i o n to m e , after this com m u n i c a t i o n f r o m m y wife, I s a w J o h n John- son al his h o u s e in G r e e n e , on the 11 th d a y o f M a y , 1 8 4 4 ; a m a n b y the n a m e of J a m e s R o s e c a m e to m e and said \Johnson w a n t e d I should c o m e over th e r e and see h i m , ” w h e n I w e n t o v ­ er to G r e e n e to s e e J o h n s o n , w h e n L m e t him he said h o w do y o u d o ? and d i r e c t l y said h e w a n t ­ ed m e to g o out w i t h hitn, and w e w e n t north o f t h e road f r o m J o h n s o n ’s house, m a y be a m i l e or three-quarters o f a m i l e up to the place I us- ‘ e d to liv e on : w e g o t so m e 3 0 or 4 0 rods, and J o h n s o n a s k e d m e “ w h a t w a s the fuss over h o m e ? ” 1 w e n t on and told him w h a t m y w if e had told m e . I w e n t on and told him that sh e told m e , that after th e y g o t o v e r to T r i a n g l e , he g o t out o f t h e w a g o n an d took her child out,and s h e g o t out and w e n t into t h e h o u s e and sat d o w n on a d y e tub sh e found there sitting in the co r ­ n e r ; he w e n t and hitched his horse or fed him , and then c a m e into t h e house, and then w e n t out and around the house and brought his buffalo sk i n out o f t h e w a g o n into the house, and threw it d o w n on to t h e flo o r ; then h e shut the door and locked it. then he clin c h e d her (w i t h the c h i l d in h e r a r m s ) a n d th r e w h e r d o w n o n tb e buffalo sk i n , and g o t the buffalo sk i n in her m o u t h , and* c o m m i t t e d a rape on her, and then to ld , h e r i f s h e e v e r to ld o t it h e w o u l d b e th e d e a t h o f h e r , a n d m a d e h e r p r o m i s e to u s e h i m w e l l , as s h e had used h i m , or h e w o u l d be the death o f h e r ; he t h e n said to her that I had w o r ­ k e d fo r h i m a g o o d w h i l e , a n d th a t h e c o u l d m a k e m e b e l i e v e a n y t h i n g , and could settle it w i t h m e , and that I w o u l d cle a r out a n d l e a v e her, that i f s h e s w o r e ag a i n s t h i m h e w o u l d be al low e d h i s oath, and w o u l d be believed beforeshe w o u ld. M r . Joh n s o n first replied to m e that he had ‘d o n e w r o n g , but that he did not s t u f f t h e buffalo in h e r m o u t h ; he said that over a n u m b e r o f tim e s ; he then said h e w a s w i l l i n g to settle it w i t h m e , let it be lands, dollars or cents, just n a m e it. I told h i m I could not settle it: he then sa y s i f yo u g o to la w about it, I ha v e got p r o p e r t y a n d c a n b l o w it t h r o u g h to t h e fu r t h e r - e s t le n g t h , a n d y o u k n o w y o u c a n ’t stan d a n y chance. I then left him and went home: John­ so n had been in m y house t h r e e l i m e s after m y r e m o v a l to T r i a n g l e b e f o r e I m a d e th i s c o m m u ­ nication to him . A t this tim e m y w i f e w a s d e ­ r a n g e d , s h e appeared to w a n t to g e t a w a y to t h e w o o d s north o f the house: it w a s Saturday I m a d e this co m m u n i c a t i o n to Joh n s o n . T h e n e x t d a y , ( S u n d a y , ) s h e trie d to g e t a w a y to th e w o o d s tw o o r th r e e tim e s , I c a u g h t h e r a n d b r o u g h t her b a c k : s h e w a s deranged this day m o r e than sh e had b e e n ; after I had d o n e the ch o r e s , I tried to find the k e y to t h e door, but co u l d not; w h e n I w e n t to g o to bed, I rolled in a barrel h a l f f u l l of m i l k and placed it against th e door, I tried to get m y w if e to eat, but could not, fixed so m e tanzy tea and g o t her to drink so m e , and w a s h e d h e r head with so m e salt and v i n e g a r and then w e n t to bed. ■ I - d id not undress m e , and m y w i f e w a s not undressed, sh e k e p t b e g g i n g m e to let her g o o u t ; after w e had been a bed so m e t i m e , sh e got u p and w e n t into the room w h e r e the children la y . I g o t h e r back to bed a g a i n and got into a d r o w s e . S h e g o t up again, and as sh e did so, w a k e d m e up. S h e w e n t Out. and I g o t up and c a u g h t her by the.hand and brought her back — s h u t the door, a n d put t h e barrel of m i l k a- ga i n s t it a g a i n ; then w e set Up by th e fire a- bout an hour, and laid d o w n a g a i n — w e w e r e th e r e a lo n g t im e , and I dropped into a d r o w s e — then the first that I heard, I t o o k to be t h e p u l ­ lin g the door to. I sp r a n g out o f bed and w e n t to t h e door, (w h i c h w a s open e n o u g h f o r a per­ son to c o m e in.) I w e n t out, but cou l d se e n o ­ th i n g , nor hear n o noise-^-rt w a s verv d a r k — w e n t around the h o u s e to the w e l l , and around th e currant bushes, and around the house, and c a m e b a c k and found t h e ch i l d r e n j u s t out o f t h e door; then w e n t up t o w a r d s the w o o d s , t h e w a y sh e w e n t the day before, and c a m e back. 1 staid t h e r e till m o a n i n g , and started for t h e w o o d s again . I tried to see tracks, but c o u l d see none; .w e n t on the road th r o u g h th e w o o d s ; 1 could h e a r n o t h i n g o f her. A f t e r I c a m e b a c k I sent m y children out to a l a r m t h e n e i g h b o r s . I s e a r c h e d nbout to discover tracks but could find none. T h e r e w e r e t w e n t y or thirty m e n ca m e , and ! wont to se a r c h i n g the w o o d s , searched till n o o n , and then g a v e it up till the next d a y be­ c a u s e t h e w o o d s w e r e s o large. T h a t afternoon I w e n t over to G r e e n e . T h e next d a y there w e r e so m e tw o or three hundred persons there to search , w e searched the w o o d s all th r o u g h , sea r c h e d a l l day. found n o t h i n g of her. A f t e r that, d u r i n g the w e e k , t h e ponds about t h e r e and th e river w a s search e d , t h e farm in T r i a n g l e is about o n e m i l e from the O t s e lic river. T h e n e x t w e e k on M o n d a y , after m y w if e ’s disap- appearance, I m o v e d w it h m y fam i l y to G r e e n e ; after this I heard o f a c r a z y w o m a n w h o w a s in th e B r o o m e C o . P o o r H o u s e , w e n t to see her, it w a s not m y w i f e ; then I w e n t to N o r t h N o r ­ w i c h to se e a c r a z y w o m a n , found her, s h e w a s not m y w i f e ; then I w e n t to M o n t g o m e r y c o u n ­ ty to se e a cra z y w o m a n , found her, sh e w a s not M r s . B o l t . W h e n Mrs. B o l t w e n t a w a v , sh e had on a dark colored ca l i c o dress, had her sto c k i n g s on, but no sh o e s or bonnet on, no art; c i e o f c l o t h i n g w a s ev e r m issed e x c e p t i n g w h a i s h e had on. It w a s a pretty dark n i g h t , the so u t l i w i n d b l o t t e d som e ; w i t h t h e dress s h e had on I could not h a r e seen h e r three rods o f f that vve nigh t . I consulted w i t h R o b e r t B . M o n e l l a- bout m y difficulties. A b o u t a w e e k before m y w if e ’s disappearance, I w e n t to M o n e l l to prose­ cute J o h n s o n ; the court w a s to be held at B i n g ham t o n tbe M o n d a y after th.e S u n d a y n i g h t sh e w e n t o f f Cross examined. I had worked for Johnson 7 or 8 years, d u r i n g that tim e I lived w it h Mlrs. B o l t , 1 ived upon J o h n s o n s lands and in his hods es Joh n s o n w a s intimately acquainted with mv w ife; he was frequently at my house, our rela'ions were friendly and intimate as far as 1 know. I had no difficulty with my wife, lived as happily together as men in general do, not any difficulty between me and my wife except that shp wanted to go back to Delaware Co. where we moved fiom, she did not make me any trouble on that account. Before I movedl to Triangle I lived in house of Johnson’s about 3-4 of a mile from Johnson’s. T h e teams started about the time I did. I think we moved to T ri angle the 6th or 7 ih of April, Johnson soon af­ ter commenced building a barn there. I did not discover my wife being deranged.till the Thurs­ day before Rose came over there which was Friday, the first I discovered her derangement w a s - th e llth of May, I think Thursday near the middle of the night, we had no time piece. I went either the lore part of that week or the week before to see R . B. Monell. I can’t tell what day it was, there was no difficulty between me and my wife after vve got to Triangle I m a d e the sea r c h e s abroad for m y w i f e after I had moved back to G reene; think I m o v e d back Monday the 20th of May. after I discover­ ed my’ wife's derangement she- kept growing worse; sbf* never made any attempt to go off before the Sunday spoken of. I was about the house all ihat day watching her mainly. I think sh e w o u l d h a v e got a w a y il I had not s t o p ­ ped her; 1 did not h a v e to use m u c h stren g t h ; sh e w a s w e a k , stru g g l e d som e , sh* had t w o pair shoes, s h e w o r e a pair of c a l f sk i n sh o e s thro’ the da}', sh e had on the p t u n e i l u sh o e s at n i g h t w h e n I b r o u g h t her back, kept up a fire all night, sh e did not g o to s l e e p w h e n I put her 1 on the bed alter I b r o u g h t her back, at a n y rate not before I got into a drouse, I laid a w a k e an hour, perhaps m o r e . 1 did not w a k e after 1 w e n t to sle e p till I heard t h e door slam . 1 s a w m y w if e the last tim e 1 ever saw her, sitting by the fire sm o k i n g , this w a s after I put her on t h e bed the last t im e . I cannot tell w h e r e sh e is n o w , this w a s t h e last tim e 1 eyer sa w her, I do not k n o w w h e t h e r sh e is l i v i n g or dead. T h e souih w ind w a s b l o w i n g pretty hard, I heard a n o s e o f t h e w i n d b l o w i n g the trees w h e n I w e n t out to look for m y w i f e that night. W h e n m y w if e w a s silting b y the fire the last tim e , sh e had neither pair o f t h e shoes on, this w a s an hour or t w o after 1 pulled her back by the hand. 1 never plow e d or d r a g g t d an y on that place afier the T h u r s d a y or F r i d a y be fore this. 1 w e n t over to G r e e n e on M o n d a y afternoon after m v vvife w a s m i s s i n g , w e n t over on foot, it is 12 m i l e s from there to G r e e n e the w a y I w e n t . I started after noon, no o n e w e n t vvith me, I g o t biick h o m e the s a m e afternoon af ter d a r k a s p e l l . T h e O t s e l i c river is a rapid stream w h e n it is h i g h , it had rained the day be fore m y wife w a s m i s s i n g and the river wasi v e ­ ry h i g h . M y brother and myself searched the river after it got low. I think my wife went into the room where the children lay twice m the course of the night, I think the children were not asleep the last time she went irqdid not hear any talk between her and the children. James Bolt further testified that he was at Greene again during the week, that his wife w a s m i s s i n g , that he tried to g e f J o h n s o n to g i v e up his lease, and that h e rode from G r e e n e over to his h o u s e in Triangle with Johnson when he returned, but c o u l d not recollect w h a t day this w a s , that it w a s not on tbe M o n d a y after his w i f e w a s m i s s i n g . Dr. W i l l i a m D. P u r p l e , b e i n g sworn, tes tified that he resides in G r e e n e , C h s n a n g c Co., is a physician, w a s the f a m i l y physician o f J a m e s B o l t , had known M rs. Boli 8 or 9 years, sh e w a s a w o m a n of% i r health up to the m o n t h o f M a y , 1844. Was called to attend her as a p h y ­ sician on the 7th of M a y , 1844, at T r i a n g l e , in Broome co., a few weeks after they moved from G r e e n e . Mr. B o l t c a m e for witness, he went there I found her weak and irritable, appear­ in g in a h i g h state o f m e n t a l excitem e n t , i h e p h y ­ sical cau s e s for w h i c h excitem e n t w e r e no' a p ­ parent. S h e said it was more a disease o f t h e m ind than o f t h e body. Inquired o ! her c l o s e l y the m e n t a l and p h y s i c a l causes o f her disease w h i c h sh e assigned to m e with difficulty, had n o d o u b t but th a t th e p r i m a r y cau s e of h e r ill health w a s m e n t a l, and the ph y s i c a l state w a s the result o f it. S a w Jo h n Johnson and B o l t ta l k i n g tog e t h e r in G r e e n e , t h e Saturday before M r s . B o l t w a s m i s s i n g , talk i n g together alone. L o u isa B o l t , b e i n g sw o r n , testified, that she w a s t h e d a u g h t e r o f Ja m e s B o h , past seventeen years of age, lived at h o m e w h e n -her father m o ­ ved to T r i a n g l e , went over w it h N i r a m Johnson. T h e r e w a s no body there w h e n I g o t to T r i a n ­ g l e except m v m o t h e r -and the little child — T h e r e are tw o lo o m s to t h e h o u s e besides the buttery, that t h e children occupied o n e room ,and the father and m o t h e r t h e other r o o m. - Johnson w a s over there tw i c e before the disappearance, ol Mrs- Bolt. R e c o l l e c t s the n i g h t of h e r m o t h ­ er’s disappearance w a s S u n d a y night, w a s a w a ­ k e n e d by the s l a m m i n g o f the door, got riight up, m y m o t h e r w a s then g o n e , m y father had not g o t out doors w h e n I g o t up, w e went around out doors, I w e n t out by the fence and around, had no tim e piece in th e house. M y m o t h e r had tw o pair o f s h o e s , both pair w e r e t h e r e a f t e r missing she had gone, no other clothing was except what she had on. She also testified as to the searches and to her mo'her’s health, and to Dr. Purple’s coming there. When Johnson came over to Triangle the last time he was there which was before her mother’s derange ment, he came to the door, and asked wheie father was, and mother told him he was someu here around there. He asked her if she had told Bolt any­ thing. She said she had not. but tba» she should. He said if she did he would surely destroy her —nothing else was said The night mv moth­ er disappeared, a barrel about half full of milk was rolled in aud set against the door to fasten it, saw my mother come into the room where we were. Cross-examined. Said she testified at Greene tint there was two nails driven over the door- latch to fasten the door, but that upon reflection since then, knows that she is mistaken A n n A u g u s t a B u r d i c k , sworn, says,— 1 reside in Greene. I have lived there between six and seven months since tve moved there the last time. I am 19 years of age I have been married nearly three months, I re s id e d st that time at my mother’s in Greene My mother’s name is Elizabeth Baxter. I resided not a great wavs.froni Mr. Hammond’s, resided on the same farm. There are two rooms in the house where L lived when I ivaS married. I usually did my washing about half a mile from tbe house at a spring. I tec^llect of returning from washing and of finding ihe doors fastened, there are two out side'Hoors to the house, they were both fas tened. J heard some persons talking within, those persons were John Johnson and my moth er. I stood on the doorsteps when I heard them talking, they were in the kitchen. I heard Mr. Johnson ask Mrs Baxter if she would have him if he could get rid of Mrs. Johnson. 1 be­ lieve s h e said sh e w o u ld, s h e asked him how he could g e t rid of Mrs. Johnson, sndhe said in the sam e way h e did of Mrs Bolt, he said he gtiess ed he could get a couple of men below Bing hamton who would, dispose of her. I did not stay longer to hear what they had to say I then went to the other doOr, the. door was fastened, 1 raised up the window and unfas­ tened it, I went through inlo the entry, there was a door between them and where J was,.. I did not hear any more conversation there— I w a lk e d th> o u g h th e e n tr y , m a k i n g som e noise, and opened the door into, their room I saw Mr. Johnson and Mrs. Baxter there,, they were on the same bed together when t went in.' He got up and took hold of me and asked me-if I heard what they had to say. I told him I did After I told him, I started to go to the door to go out, he caine up, look bold of me and brought me back into the house again. S h e stepped (my mother) up against the door and held it and Johnson held me and asked me if I calculated to tell of it, and 1 said I did. He told me if I did tell of it he would be the means of my death.— He asked me again if I would tell— I told him I would not. Nothing further then took place. A fter ih is tim e I saw Mr. Jo h n s o n a g a in at o u r h o u s e , it w a s m th e ab s e n c e o f mv m o ther, she was at Norwich, she hud been there betwepn three and four weeks. Jt was about U o’clock in th e day w h e n Mr. Jo h n s o n cam e , th e r e was no one with me. H e asked me if my mother had got home, arid I told him she had not. I ask e d him what h e w a n ted of her. I asked him if he wanted some sewing done, he said no, that it was something of more importance than that. H e looked out of th e w indow an d s a w M r. Bur­ d ick co m in g and told m e to g o into th e other room, and if t told Mr. Burdick what he said, he would kill us both before he left the house. I went into the other room as he told me to.— Mr Burdick came in and stayed a few minutes After he went out to his work, Mr. Johnson came into the room where I was, he took hold of me and led me inlo the other part ofthe house, he took the clothes line and tied my hands be-' hind me, he tied my bonnet over my face and eyes, he next tied ine to the bedstead. He went outdoors, Was gone a few minutes, and then came back. He took the bonnet off from my face and untied my hands. I went to the fire, there was a bag laying before the fire on the hearth, he untied the bag and took out some bones \ hich were in it, he told roe to put them on the fire. I told him I could not, and I f intetl away. 1 saw them and noticed them be­ fore I fainted away, there was a head part and a few other bonrs. The next 1 saw, they were on the fire burning; a short lime after he took them off from the fire and laid them on the hearth; he gave me an axe, and had one in bis own hands, he to Id me to pound the bones, and I told him I could not, be held his axe over tny head and told me again to pound them, I told him I could not, and fainted away again. He put water in my face and brought me to; he took his axe and pounded the bones,he pounded them, scraped them up and put them on the fire again. He then told me to get down on my knees before tbeiiie, and I did so, be held his axe over my head, and asked me it I calculated to tell of it. I told him I should He raised his axe up and made mo: ions touards my head, L bpgged of him not to k ill m e , he told m e h e w o u ld if I told of it. He asked me several times if 1 calcu­ lated io tell of it, and I told him I did not, he told m e i f I did h e w o u ld k ill m e and s e rve m e th e sam e w a y be had M rs. B o lt. H e united me and I got up. I ihought it was a human head. Mr Johnson said they were Mrs. Bob’s bones. I do not recollect a n y t h i n g fu r th e r as to what he said he would do to me if I told, he said he would kill tne and serve me in the same way he did Mrs Bolt’s bones. He said if I told of it and he was taken up, he would have friends vvho would destroy me.hedid not,that f remem­ ber, say that he was afraid I would tell of it. - When he untied my face and hands, he lied the rope around me, the other end was tied to the bvdstead, th e rope w o u ld let m e go from the bedstead to the fireplace. This second occur­ rence took place nearly three or four weeks a f >er I w a s m a rr ied . A fter he unlied tne. he w e n t out of th e d o o r, I did not notice w h e r e he w e n t. My sister Sarah had gone to the neighbors a bove, this was in tbe same house in which I saw M r Johnson and my mother, we had expected my mother back before this time, -she returned the same week. I went to live at Mr. Ham­ mond’s before my mother came back, I saw my mother on the Saturday before Monday the 29th of Sept., saw her at h o m e , I went o v e r there o n that d iy . I saw h e r on M o n d a y a g a i n , . she came back from Norwich in the same week the Saturday of which I saw her. November 20. Ann Augusta Burdick further examined says, when I returned from washing at the time I heard Johnson and my mother talking, the win­ dow curtains were drawn; did not hear how Mrs. Bolt was got rid of. Johnson said he got a couple bf men below Binghamton to get rid of her. At the lime Johnson was there the sec­ ond time and I told him my mother had not re turned, Johnson said first—“Oh, good Lord, what shall I do?” He did not at that time say anything about anybody’s helping him. I die not see to notice any other of 'hese bone3 to des cribe them except the skull. I recollect the Saturday previous to my abduction; saw mother on that day; had a conversation with her on tha! day in relation to what 1 overheard between her-and Johnson. I saw mother on the follow­ ing Monday; saw her at her house; my hus­ band was w ith me there; he did not hear all the conversation that was had between us. I did not see Johnson and my mother together either Saturday, Sunday or Monday. 1 was at Hammond’s on Monday evening. I laiddown in the fore pait of the evening, my health was not very good, laid awake and did not go to sleep. I heard some one open the door, and come into the room and put their hands on to tny head'and took hold of my neck afterwards, and another one camt; up and took hold around me, they were taking me up and I raised up my hands and took their hand;? from my neck,.the hands were on my throat light,so that I could no* talk, after I loosened the hands I hallooed,- I think three times, when I hallooed thedast time, Mr. Hammond’s folks started and they dropoed me down, they left me in the bed room door on the floor. 1 was on the bed, I clenched the bed when they rook me up and they pulled the bed off with me on to the floor. I felt the arm which took hold of my neck, I thought it was a wo man’s dress sleeifc upon it and felt like a wo­ man’s arm. Tj^ere was an article of clothing found in the room after they came in with lights. Hammond’s folks brought in lights. This arti­ cle found was a calico .cape, it was my mother’s cape, it was not there before they came iu, I ex amined the cape, the ends of the cape were torn where it was pinned. The next day, Tuesday, after dinner, I laid down in the room where I was tbe night before, tbe doors and window blinds were fastened, I got to sleeps short time afer I laid down; Mrs. Hammond came in a tew minutes before 1 went to sleep; “the fir st I knew afier I ivent to sleep was, I was awakened by someone putting some­ thing in my mouth; I was there on the bed in the bed room, I did not see the person, I was prevented by having something tied over my face, 1 do not know whai it was, but they put som e thing in w y m o u tb, I could not sp e a k or make any noise; next' I was taken up of! from the bed and carried out of the door; there were two persons, they were both men, they carried me out of the door from where T Jived ; after; J got a short distance .from the house, they laid me down, one of them held lily head and >the other put a vial to my mouth, tried to make me take what was in the vial and I refused ; I raised up my hands and.siruck the vial, after I had done that the other struck roe twice on my forehead, struck with his fist. I cannot say what became of the contents of the vial. I thought I btoke tbe vial when I st/uck it. One of them used some very profane • language I,s wallowed some of the contents ol the vial, not a greal deal, it was a very bitter taste. Next I was taken up and carried, to the fence, af;er I got there they dragged me over the fence, after they got me over, one of them' spoke to the other and told him to help carry me, and he told me he could not, when I*was taken up and carried to another fence, after he dragged me through, he took me by my arms & d-agged me a spell on the ground, dragged me to another fence and*dragged me over that, he dragged me down the hill into the swamp and laid me down and asked me if I knew them. 1 toIJtheto I did not, unbound my eyes and asked me again if 1 knew them, I told them I did not, the gag was removed from my mouth, L asked them to let me go home or write a line lo Mr. Burdick, one of them took a paper from his pocket, and a pen­ cil, he vip'ote on the paper and showed it to me. I asked him to lay it upon a log there tva? close by me, told me he would not, but would lay it down in a pla e where something had step ped on the ground and did so, he covered it up. after he had done Ihat, the other one took a knife out of his pocket and opened it, he came towards me with the knife, and J b e g g e d , of him not to kill ine, the other one stepped up betwixt us and told him not to kill me, he then laid his knife down on the ground beside of me, he took hold of me and rolled me into the water that was close by. When they rolled me into the water I lay on my face, my hands were lied, my feet or legs were not tied, there was something in my mouth, it was put in before ihey rolled me into the wa­ ter, my hands were tied in the house, after thev had rolled me into tho water, they went- a piece from me and got a log and thro'vved on me.— One of them spoke and said he had done enough for five dollars, said he had not got pay for car ry ing Mrs. Bolt off yet. The other one spoke and said he had. The other one spoke and said he hoped Mr. Johnson would go through the village as he said he would, so that folks would see him so' that he would not be taken up. Next they took anoth er log and throwed across my head and neck.— I asked them what they had carried me off for, and they said becivuse they was got to. They did not mention-where they were frotn or any place. They said Mr. Johnson had got them to do it. Alter they throwed the logs across my head and neck they spoke and said they must be in a hurry or they would be too late, they then started away from me. After I ihought them gone I turned over as well as I could my face out of the water. 1 could not g< t up or get out, next 1 tried to get the paper that they laid down and could not, next i fixed myself as well as I could out of the water, which is the last 1 can re­ member. Cross-examined. I have been married about 3 months, 1 have been staying at Utica last be­ fore I came here, can’t tell when 1 went there, do not know who carried me, was there three weeks I believe, I was under Dr. Brigham ’s charge, do not know what day I got there, they told me it was Friday, L knew I was, thereon Monday after I got there. Did not go to house­ keeping immediately alter I was married; but lived at my mother’s, have not kept house at all, went from mother’s to Mrs.'Hammond’s to live, boarded there with my husband, I have been- sworn twice before in this matterx do hot know who I was sworn before the first time, it'was a person I am not acquanted with, cannot tell whether they had ink and paper or not, Mr Burdick was present, not any one else that I knew that I remember of, I do not know where it was. T h e house where my mother lived is not a great way from Hammond’s, Mr. Y in el I is the nearest neighbour bn the other side. I do not recollect who 1 was sworn before the second time, do not recollect where I was, nor whether it was in writing or not, there was something written on paper the first or second time, and Dr. Purple read it over to me, Mr. Burdick was present. It was a brown bag that Johnson had at the time I have spoken of, did not notice how it was marked, nor whether it was an old one or a new one, it was nearly half full, can’t say . whether it was a common made bag or not, two of the children, a little girl and boy lived at my mother’s when I lived there af­ ter I was married, Sarah, is 7 , and Augu-tus 8 years old, they were at Mr. Virrill’s. I fied to gel the paper when I was lying in the water, could not say how far it was from me. There was a difference in the size of the men, one of them a tall slim man, the other short and thick er, the tallest one had the knife, can’t say w hich brought the big log. don’t remember what was the last thing I said io them. Johnson did not fasten the doors up when he tied me up, do not remember the time of the year, whether it was spring* summer or fall, there was.no snow upon the ground, do not re­ member much about the fire. I do not remem ber whether the windows- were open or shut, can’t tell how long. Johnson staid there the first time he camethere that id ty, can’t say whether it was more than an hour or not, he went out of the house once, and came in again, the fire was in the kitchen that dav, Mr Johnson took the v 7 axes and gave me one, one was a new one,and one old one, I cannot tell how long Johnson staid, whether it was as much as three flours or not, u was a short time after my husband weut out when Johnson tied me, say about twenty minut es. The bones I saw, as near as I can remem-, ber were black, not so black as the ink stand, but a kind of dark purple, can’t tell how many bones I saw, I saw more than two, I believe it Was the lower part of the head I saw, cannot tell how long the bones were, can’t tell how long he had the bones on the fire, can’t tell whether it was three hours or five minutes. The children came-horne that day about 4 o’­ clock. The bed Isa-w Mr. Johnson and mother on stands in the northeast corner ofthe room, it is not a great ways from the door, but on the oth­ er side of the room. When they put the gag in my mouth and blinded me the last time, I laid on the ground near the stream, don’t know how far the men brought the logs. Do not know how .large these bones were nor whether iheie were bunches or joints on them, rior whether they were so long as a man’s arm, cannot tell bo** fine he pounded them. Johnson said he brought them there to burn because he did not know what else to do with them. I had dinner alone that day, did not cook a dinner or have tea, or anything prepared over a fire. These bones, looked white when they came off from the fire, he swept up ihe hearth, I believe; did not notice any queer appearance on the hearth, stain or dust. I c a n n o t tell w h ich b f the m e n said th e y hop­ ed J o h n s o n would pass t h r o u g h - th e village.— T h e knife .was a d i r k knife, 7 'o r 8 inches long, one side o f t h e . h a n d le was w h ite, the other side striped. _ I lay p a the g r o u n d w h e n I first s a w the knife. I do. riot remember what the last thing was the men said to me before they left me. 'Ido not think the paper had any willing ; I can read writing, but the paper was not held so I could see’ writing in particular. ' Quest ion—^-Doybu remember what you swore to the first tim e ? Answer—I do not feel able to answer now. I am idim ; I do qoi feel able to go on. N o v . 2 1 st. Dr. A u g u s tu s W i l l a r d testified that he was acquainted with Ann Augusia Burdick, a§ a p r a c ticin g physician'; have s e e n h e r t h i s - m o r ­ ning, she^is w e a k ahd feeble now , both m e n tally ahd physically. Lucius S D arby , sworn:—testified that he resides in Greene, 31 years of age, have known Ann Augusta Burdick since .last Sept.; was in Greene 30th of September; about 3 o’clock in th’e-fifiernoon, Mr. Hammond gave the alarm that a woman' had been taken off; said it was Mrs. Burdick, went with others to help search for her, up to Hammihd’s house; Searched a round the premises about an hour, then at the suggestion ot I think M r . H a m m o n d , went with o t h e r s to s e a r c h in a s w a m p which lie s a b o u t three fourths o f a mile north of- Hammond’s house. W e had got three or four rods into the swamp, perhaps a rod apart, when we heard o noise like a person choking or strangling; went forward ip the spot where it appeared to proceed from; there we found M rs. Burdick, lying ina brook with her face up, her hands tied\together forward, Crossed, tied about at the wrists; there was a gag in her mouth ; gag was about four inches long, and one way 1 should say about two inches in diameter, the other perhaps an inch and a half; it was flatted like, made of cot­ ton cloth rolled up and sewed. O v e r th is g a g in h e r m o u th ivas a cloth, tied on the back of her head, and also one lied over her eyes. There was one stick about 20 feet long, laid across the ditch, with one end embed­ ded in theflank, her feet were under this; anoth­ er stick about 6 feet long and 9 inches in diame­ ter, lay prying lengthwise of her, with one end under the long stick, another stick lay a’coss her above her arms, the slicks were pretty hea­ vy, the longest one was a pretty good lift for me. She was very muddy and wet when we found her, and had her dress torn some, she had the appearance of having been -rolled in the mud, she was perfectly insensible when she was found. Mr.. Juiiand cut the string that lied .ber hands, and I pulled the gag out of her moutb, it was firmly in ber mouth, had to puli two or three limes to get it out, canied her out of the swamp up to the house of Mr. Van Osirand, she had the appearance of being dead most of the time while we were carrying her, met Mr. J >hr.- son at Van Osuand’s with his wagon, two men got in with him and carried her to Hammond’s © house. Before going to the swamp, went to ihe red house occupied by Mrs. Baxter, found it fasten ed. Johnson was at Hammond’s house wish a one horse waggon, before he went to search the O 9 - * swamp, saw Mrs. Baxter ai Hammond’s house with a one horse wagon, before going to the swamp, Johnson brought her iheie, from up the river, Mrs. Baxter did not do anything towards searching, and I thought appeared very indiffer­ ent, can’t say whether I heaid her say anyihing. When I first came to Hammond’s, found Bur­ dick tving on the ground, before the house,from excitement or some other cause, he had fallen down there, and was unable to get up, he was carried into the house and laid on a bed, exam­ ined the bed room window, one of' the shelters was hanging by one hinge, the upper hinge,the siring which Mrs. Burdick was tied with, ap­ peared like a lady’s corset lace. Cross-examined. I do not recollect that John­ son was sent from Hammond’s afer Mrs. Bax­ ter, heaid it said that she was at Niram John­ son’s, she went offin that direction. There was nothing like voluntary power about Mrs. Bur­ dick when we found her, she was not laced up, the upper part of her peison in front appeared to have been in the water, the cloth ovei her mouth appeared to be th.e cape of a diess, the cloth lied over her eyes was -.r gingham apron, the water was 3 or 4 inehi s deep, when vve found her, with a muddy bot om, the cloth about her face were muddy and wet, the water runs from a spring and very sfowly.- L e w i s J u l i a n d , sworn, testified as to the fin­ ding of Mrs.. Burdick, the same as given by Darbv, and furthei. In the rear ol HatYimond’s house a few rods, there is an abrupt'descent, quite a steep bank, from that in the direction of the swamp, the laud is neaily level for some distance, ihen gradually rising (the bank contin­ ues parallel with the road) until you come op on a level to the land w.hich is level with'the house, from Mr Hammond’s to the swamp this ravine diverges from the road, so that the plain in view ofahe road is something like 80 rods—- There are fences between the level land and the road on the east side of this level there is quite a high fence, near the place they would naturally pass in going to the svvanrp; mentioned to Mrs Baxter tbe circumstance ofthe cape'having been found at Hammond’s on Monday, ev^aing; she said sfle presumed it was' her’s, that tne girl had brought away a great many things belonging to her. Johnson-was by when the cape was talk­ ed about. Should think it was two hours after search commenced before Mrs. Burdick was found, saw the gag opened, it, was composed of a po'tron of the sleeve of an old-couon shirt and the band of the collar of the shirt and a small piece of he vir cloth, these were rolled up togeth­ er, a few s'itches, taken in them, and those enclo­ sed in a piece of cloth supposed to be. the should­ er piece of an old cotton shirt. Cross-examined. There are three fences to be passed in going from Hammond’s to the swamp, thinks the logs were six inches in dtam- iter. The road leading up to Oxford is daily travelled Saw Mrs. Baxter after her daugh'er was found, she appeared to be perfectly indiffer­ ent. The-window shutters Venetian blinds,aud were hung with strap hinges, which-could be easily slipped off* it way off at the bottom hinge and hung on the top hinge, it, appeared as tho’ it had been fastened by a string. The hands were tied over both wrists together, and not be­ tween them. Lucius S. D ardy , recalled, testified that when they found Mrs. Burdick she had no shoes on. In the position she lay, I think she could not get her hands to her mouth with the sticks across her. - C e l i a B Ham m ond, sworn, testified that she was the wife of Harvey Hammond, that Mrs. Burdick came to board at their house the week before the abduction, also as, to the . occurrence on Monday night, that they heard her scream three-limes, and went into her room, found her sitting on the bed.on ihe floor oeat hey bed room door, that she was crying and very much fright­ ened, and sai I that some one bad tried to carry her off, but that she hung to.the'fled, looked up on Mrs. Burdick’s neck and found three marks very plainly to be seen, saw-the cape, Mrs- Bur­ dick said that it was her mother’s, cape was torn where il was pinned. The uext day, soon after dinner, Augusta went to her room, that they kept the (foot fastened all day when I was not at w o rk in the milk room. In the front or up­ right part ofthe house there is. a square room and a half, and. in the back part there is a room we use as a m ijk room , the bed room is at the back eod o f t h e h a ll, and the floor from the bed room opens into the milk t oom, ihe ootaide door opens froro the milk roorii near tbe door of tha bed room, and it is'the only door oat of. that part ofthe house. There is la kitchen which a wing to the upr.ight part of the house, eyen with it in front but does not tun so far back, In go. ing frorn, the kitchen to this bed room, we enter the hull near the front outside floor jrotn-the kitchen— gci through, to the back end of ihe hall the door opens from that into, the milk room at the side, and the door out of the milk- robin into the bed room. The outride .milk room floor >yas fastened with a.stick put over the.lntch, ao that the laich could not be raised,, the-shotter** was fastened and tied with a string. Went into the loom about 2 o’clock and found her asleep, was in once before and found' her awake, went flack to the kitchen to work es usual. About 3 o’clock heard ri noise, sptinded like th reek nocks on a board, and then something like irons knocking together. My sister and myself were filling a dress for myself, had been trying it on, arid had not got my. other dreas on when i heard the noise Soon afier stepped to the back kitch­ en door, heard nothing and saw nothing. In about 15 or 29 minutes from that time, went to the milk room and found the outside door, open, went to the bed room, found Mrs. Burdick gone. W e n t a n d called m y b ro th e r , M r. Burdick, an d Mr. Hammond, they were at work on the turn* pike, laying poles on a vvalj, in sight from tho front side of ihe house, but not in sight from the back side of .the house. She then testified as Jo.the appearance of Mr#. Burdick after she was’brought back, as to her being wet ahd muddy, dress lorn, <fcc.- had oo her usual dress—that Mrs. Burdick wore n a corsets, nor any thing that was drawn by a cofa set tirin g while she boarded there. T h e re were several m arks on her forehead above her eye#, some m arks about her neck, her aficles were bruised a great deal, and the marks were there when she ivent to Utica, three weeks af« ter she was-found— had no shoes on or nothing oa hei head, her shoes were left beside the bed j nothing was gone from the house of that kind. After M rs. Burdick was. brought back, her health was poor, she was deranged most ofthe (ime and appeared to be in g reat distress till they took her to Utica. That night Mrs Baxter assisted a little in rub­ bing Augusta’s hands, but did nothing towards taking care of her. Mrs. Baxter showed very little or no emotion. Augusta’s health hrid been poor ever since I knew her, 6 or 7 months, and her mother told me it had been poor two years. From the lime she came to our house, her health seemed improving. Mr. John Johnson asked me for the cape— Mrs. Baxter was present.— Ho said what is it about that' cape? Cross examined .— Testified that Mrs Burdick was subject u» fits; her mother called them ep­ ileptic fits; that she had two iri the summer be- fo e she was, mar.ritd, one ol which lasted all nig h i; and further, that she had tvvi^fits d u ring the week that she boarded at tneir house, that during these fits she was cramped in her limbs, that some persons were required to hojd her hands; also,' that for a few moments after she waked up,j>n the morning afer her examina­ tion, Mrs. Burdick was not in her right mind. She also testified that Augus’a was over at Mrs. Baxter’s on .Monday morning; that Charles Bax- ter was a', their h o u s e Monday evening, about 15 minutes before the attempted abduction.; that Mr. Hammond went down io the village Tues­ day morning; that Johhson came a*!ong by tlie hoti>e wiih M r Burger, and axked'if Hammond h a d g o t b a c k ; a l s o in q u i r e d a b o u t hjer churu- ing. H a r v y C H a m m o n d , sworn, testified as to the occurrence on Monday evening, also, as to being at the village in the morning and going to put poles on the wall in the afternoon, also ihat he was called by Mrs. Hammond* when Augus- la was missing, called Mr Juliand, and went to tlie village to give the alarm, found Pulaski Burdick on the ground, he had a fit, carried him into the house and he was deranged all the even­ ing, Saw Johnson when we went to the vil­ lage to give the alarm, at the post office. He s t a r t e d off wiih the re s t of thfm,.arid n o t iced lum last just as he passed.the river bridge.— Saw Jolin.'on ihat; morning, h e asked rmnf I had gone to draw the poles for the well. There -is no cap over the window shutters when shut. C r o s s exam ined. T h a t w i t n e s s w e n t o v e r with part of Bolt’s goods. Johnson and Mrs. Bob passed the teams ahout two miles before we got to the farm in Triangle. I drove on at mv usual; rate, we met Johnson'about 80 rods before w e g o t to B o l l ’s h o u s e in T r i a n g l e , in the field ? , saidfiO w a s lo o k i n g /or s o m e y e a r l i n g s , , he w e n t back with us to the house. Mrs Bolt assisted iri re m o v i n g the f u r n i t u r e , she got-supper or din­ ner for n s , h a d tea. Johnson eat with ijs , when we got the teains up; Mrs Boll said, Mr.John­ son, I guess you will have to Jake Louisa back with you; she is getting home-sick. November 24 . . _ P u l a s k i B u r d i c k , sworn,-testified thut he rs the husband of'Ann Augusia Burdick,was trialr' ried p n the 2 4 t h of A u g u s t , 1 8 4 5 . A r o 'VSf years of age, was married at Mrs. Baxter’s in the red house spoken of. After we werfe mar­ ried, my wife lived at Mrs. Baxter’s two weeks1, and then I took her. to Smithville to be doctor­ ed. §he was at-Smithville one week, on- her return from Srnithvjiie she stayed at Ham­ mond’s one night, and then went to her moffi,' er’s, . She returned from Smithville' on Sunday, came back from Mrs. Baxter’s to Ha mu ond^s on -Wednesday, the'week- previous to her kb- ductjon. There is a cellar under the red house. I estified as to the occurrences of Monday,eve­ ning, saw his wife stoop to pick up the cape, it lay near the foot of the fled bn the floor, has seep Mrs.. Baxter wea.r lhe caoe. A lso'testi­ fied as to Mrs. Hammond giving ifle alarm and searching until he had the fit. . Saw Johnson on Sunday afternoon previous, talking to M/is. Baxter. Johnson came to Hammond’s about dark that evening, (Sunday,) and spoke *tp> Hanirnfcnd , .about fixing the fence, said Van Ostrqm would help him. On Monday went to husjking corn till about 10’o’clock and thenr went to Mrs J Baxter’s. ' • ” ’ *- * * Also testified as to the quarrel between Mra^ Baxter and Mrs. Burdick, that they quarreled about every thing,which Mrs#Burdick brought from her mother’?,- also as to having found hw wife on the bed crying o’n Tuesday after their, return from Smithville, and further testified a» to Augustu’s having a fit on the Monday after-, noon previous to the attempted abduction' oa the evening^of that day. That three weeks, after the abduction he started for the lunatic asylum at Utica, that she was sane a part bf the way, and that just befere she reached Utica, during one of her sane jntervalsi after much persuasion, she told him about over­ hearing the conversation between her mother and Johnson, that he left her at the asylum* under the charge of Dr. Brigham, She was there about 3 weeks. Witness went for her to. bring her back, that on the first night at Clin­ ton upoatheir return home he asked her if she rerifiembered. telling him about the <^>nvers«- tion, that she replied that that was not a hegm* ning to what she. knew, and then told win about the hopes. # - Pulaski Burflick testifhW to seeing ap>ece Ol

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