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THE TRIAL

WILLIAM FREEMAN,

THE MURDER OF JOHN G. VAN NEST,

. xircun>iHo m

EVIDENCE AND THE ARGUMENTS OF COUNSEL,

DBOISION OF THE 8T7PBEME COURT QRAMTINO A NEW TRIAL,

> AV ACCOVHT or TBI DIATH OF TBI PBaONIB, AWD OF TBI POBT-HOBTBH BZAMXHATIOB Of Bia BODY BT AMAKIAB BBIOBAM, M .B., ABB OTHBBB.

^ REPORTED BY

BENJAMIN F. HALL,

OOUBBBLLOB AT LAW.

AUBURN: DERBY, MILLER & CO^ PUBLISHERS.

1848. •

THE NEW YORK

PO^LlCliBRA^Y

AftOR, LENOX AND T4LDEN FOUNDArK>NS.

189a

Altered Moonllsg to Act of Cangnn, In t&e jtut 1848,

Br DSRBT, WTT.T.HR St Go.,

In tbe dark's Ollloe of the IMstriot Oourt of the United Stetei Ibr the Nofthem

District of New Tork.

AUBUEir, H. T. PBIHT1I» BT B. MOBTOailBBT.

TO THE PDBUC.

&ETNG advised by Legal and Medical men, that the trial of William Freeman for the murder of John G. Van Nest was, in view of the extraordinary character of that tragedy, the mental condition and singular appearance of the prisoner, and the important questions of medical jurisprudence inyolved in the case, justly regarded by the profession as one of the most remarkable that ever occurred in the United States ; and being urgently desired to procure and publish an accurate report of the same, together with an account of the post-mortem exami- nation by Doctor's Brigham, McCall, Briggs, Dimon, Van

Epps, Fosgate and Hyde, made with reference to his probable

* insanity, the publishers of this volume, soon after his death,

took measures to obtaui such a Report as seemed to be de- manded, for publication.

That it might be free from suspicion of bias, it was deemed advisable that it should be prepared by some gentleman other than any of the judges or counsel connected with the trial. Learning that it would be agreeable as well to the judges who composed the Court of Oyer and Terminer, as the counsel re- spectively employed in the case, to have the report prepared by Benjamin F. Hall, Esq., a counsellor of this city, that gen- tleman was solicited to prepare the work. We believe it has been executed with fidelity. Our desire that the volume should embrace the arguments of Gov. Seward and Attorney Greneral Van Buren, induced us to delay the publication until a report of both of them could be obtained. We now give to the public

IT TO THI PUBUO

the whole testimony and the speeches of both those eminent counsel to Xhe jury. As it has been our purpose to give to the learned professions and to the world an accurate and well exe- cuted report of one of the most interesting and extraordinary criminal trials that ever occurred in our country, and believing that such purpose is answered in the following pages, we com- mit the volume to the public with the hope that it will be found in every respect interesting, truthful and satisfactory.

THE PUBLISHERS.

THE TRIAL

OF

WILLIAM FREEMAN.

THE CASE.

WiLUAM FbxemaVj the subject of this notice, was born at Auburn, in the county of Cayuga, New- York, in the year 1824. His father was bom a sUtc, but became a free man in 1815, by purchase of his time, under the act for the gradual abolition of slavery in New- York. He died in 1827, from disease of the brain, caused, as was supposed, by a faU from the dock into the basin at Albany. Of his brothers and sisters two only survive, and one of them has for twelve years past been a wandering lunatic ; one of those that have died, a sister, was, for many years immediately preceding her death, insane.

The wife of James, and mother of William, was a native of Berkshire, Massachusetts, from which place she was transferred, as a house servant, to Auburn in 1817. Her father was black, her mother a red woman of the Stockbridge tribe, but in whose veins, however, ran some French blood, as was said; so, that subject to that qualification, William was a quadroon of Tartar and African descent, with a visage strongly marked with the dis- tinctive features of the North American Indian.

So far as is now recoUected by those who observed him, William indica- ted the possession of capacity equal to that of ordinary colored boys of his age, until he attained the age of twelve or fourteen years, when he began to display eccentricities in manners that were attributed rather to an extraoi^ dinary penchant fbr strolling than to any mental defect or depravity. As he advanced in yean, however, a species of taciturnity seemed to mark his behavior. This was observed by his empbyers, and es})ecially by his mother, who, though a poor colored woman, had a care for Ins habits and wel&re.

From the best information that can now be obtained, it appears that when

18 THB TRIAL OV

William, as be is called, (Hannibal, as be was named,) arriyed at the age of seven or eigbt years, be was placed in tbe famHj of Captain Alien Warden, tben of Auburn, as a servant boy, wbere be lived about a year. He was then transferred to tbe family of Ethan A. Warden, Esq., wbere be served in the same capacity, until some time in 1833, when be was discharged on account of an uncontrollable disposition for play with other colored boys, which rendered his services valueless. Not long afler this, bis mother dty-^ tained ^ place for him in tbe family of Judge Satterlee, of Lyons, in Wayne county, wbere it was hoped that lus habits might be corrected. But no benefits resulted from removing him from his former associates. Although sometimes obedient, he was inclined to wander and rove, and in respect to this, exhibited a tact at strategy that was strikingly indicative of his Indian maternity.

But notwithstanding his faults, be bad a buoyancy of spirit, a playfulness of manner, and an elasticity of movement, that arrested attention and induced a strong desire for bis retention as an errand boy and domestic. Tbe young Indian, as be was sometimes called, however, could not be confined to either kitchen or yard, nor did the rigor of any discipline tame his wildness or repress bis inclination to rove. Nearly every attempt to abridge his liberty was anticipated by a nimble bound over and beyond the pale designed for bis imprisonment ; so that all the efforts of Judge S. to retain him in steady service were unavailing.

These characteristics, then of UtUe moment, have mnce become tbe sub- jects of medical ezaminatioB, in view of the probable effects of his subsequent iD^>risonment, as in his veins coursed the blood of a race that has never been restrained without difficulty — ^nev^r incarcerated without mental disaster.

After leaving the family of Judge S. he lived with and labored for sundry persons in and about Auburn, among whom were Messrs. Cadwell, Jones, Seeley, Curtis, Andrus, Smith, and Depuy, his brother-in-law, by most of whom he was regarded as honest and faithful in tbe execution of particular commands, but generally unsteady, and at times intemperate. For short periods he served as a waiter at several hotels and in private families prior to 1840, but those periods were alwa}^ brief. Although taciturn and morose at times, be was ever ready for a frolic or a dance, and according to the testimony of his sister, *< be acted very smart on such occasions."

But so little of popular favor has been accorded to the negro race since the abolition of slavery in New- York, that not much information in detail can be gathered of one so obscure as Freeman was, prior to his arrest and im- prisonment for the offence of another man — ^for a crime, which it is conceded on all hands, he never committed. Hence, he can be but faintly traced as be passed along through the vicissitudes of his early life to the occurrence which resulted in his imprisonment on a charge of larceny, and introduced him to public notice as a felon. la the spring of 1840, whilst Freeman was living with Depay, his brother-

WIIXIAM VKEXHAN. 19

in-law, a Mrs. Martha Godfi^y, of the town of Bennett, 0ome five milee distant from Auburn, lost from her stable a horse, which she alleged to have been, and which doubtless was, by some one, taken feloniously. For some cause, Freeman was suspected and arrested, but protested his innocence, and upon examination before Robert Cook, Esq., a ma^trate, he was discharged. Some weeks afterward, the horse was found in the county of Chemung, whither it had been taken and sold by a negro, as was alleged. The de- scription given was supposed to answer to one Jack Furman, another negro, who thereupon was arrested, examined, and committed to jail for want of bail, to await an indictment by a grand jury. Bat knowing that Freeman had been once arrested for the theft, Jack took occasion to renew the charge, and to insist that he should be arrested again. This was finally done in June, and from that time, with the exception of a fow days when Freeman was absent, until September f<^owing, both of them were detained for the same offence.

In July, Freeman broke the lock of his cell, and with another prisoner escaped frt>m the jaiL His fellow was at once re-taken, but Freeman made rapid flight to the woods, and was not captared until two weeks afterward, when he was found at Lyons, wbere he had formerly lived. When arrested, he protested his entire innocence, and excused his escape by the expression of his fear tiiat Jack Furman would swear him into the State Prison. It was known to the jailer that he had offered to do so upon the condition of his own release.

In September he was indicted, as well for breaking jail as for the larceny charged against him. He was also, at the same term of court, tried and con- victed, mainly upon the oath of Jack, who gave his evidence for the people in exoneration of himself. Three witnesses only were sworn on his trial : Mrs. Godfrey, to the loss and recovery of her horse ; Mr. Doty, a neighbor, that he saw a negro on the horse the night it was stolen, and Jack, that he went with Freeman to the stable^ and saw him take it . The jury, under charge of the court, found him giulty, whereupon he was sentenced to be confined in the State Prison at Auburn, at hard labor, for the term of five years. Jack received, as the reward of his perjury, a discharge.

But as it soon became reasonably certain that Freeman was at another place all the night when the larceny was committed, and as Jack was soon thereafter convicted for a similar offence, the public mind at once exonerar ted Freeman from the febny for which he had been convicted. He was donbdesB innocent of the offence.

The conviction of Freeman, therefore, appears to have been unjust, and to have had a powerful influence upon his mind when in prison. He repeatedly asserted his innocence to the constables, justice, and jailer, before, and to tlie keepers of the prison after, his conviction, and vainly urged his release. Unlikie most negro convicts, he never became in any degree reconciled to his condition, until he had resisted the anthorities of the prison and received a

20 TBI niAi. or

blow, which* to use hiB own expressioii, " knocked all the hearing off, so that it never came back to him again."

On being reprimanded by the contractor in whose shop he was placed, he said he had " done nothing worthy of confinement — that Captain Tyler, the keeper, was going to whip him, and he did not want to be punished when he did'nt deserve it" To James £. Tyler, the keeper, he made similar com- plaints, and at all times, when he had the opportunity, he protested his inno- cence and complained of his imprisonment. Not doing as much work as he was deemed capable of performing, he was ordered to do more, under the penalty of the lash. This not having the effect desired, he was called up to be flogged, when a scene occurred that was related by Tyler as follows : *< I called him up and told him I had done talking to him — ^I was g^ing to punish him. I told him to take his clothes off. I turned to get the <!at, and received a blow on the beck part of the head from him. It started me a little. As I looked around. Bill struck me on the back — I kicked at him and knocked him partly over — perhi^ he fell dear down. He jumped up, went across the shop, took up a knife and came at me. I took up a piece of board l3ring on the desk, w«nt down and met him. It was a basswood board, two feet long, fourteen inches wide and half an inch thick. It was a board one of the convicts had laid on my desk, on which was a count of lumber, planed on both sides. When I came in reach of him, I struck him on thr head*, flatwise — split tiie board, and left a piece in my hand four inches wide."

He was then punished and sent to his work, but afterwards appeared downcast and sad, and, as the witnesses testified, '^ went about with his head down." His hearing was dull b^re, but heavier afterwards; and many have «uppoeed that his auditory organs were then injured, notwithstanding the confident opinion of Tyler "that the blow could not have hurt him." Cer- tain it is that he was afterwards very deaf, and that the deafness continued to increase while he remained in prison ; and upon a post mortem exami- nation it was found that the drum of his left ear had been broken, and that his left temporal bone was carious and diseased.

Freeman remained in the State Prison until the expiration of his sentence, but was more stolid and dull after than before his difficulty with Tyler. He had before been allowed to attend the Sunday schod, but after this occur- rence that (^portunity was, fer some reason, denied him. Some of the police appear to have conodered him too dangerous for such a liberty — some, that by his resistance of authority he had forfeited the privilege — and others that he was not susceptible of any instruction. Which consideration prompted the denial to him of the advantages of the Sunday school is not known. He never was permitted to go there afterwards.

After an unsuccessftil effort to exact from him a prescribed amount of labor in the hame shop, he was given up by the contractor and permitted to do miscellaneous work in the yard. In the fall of 1843 he was employed in tiie dye house, where Captain "^P^^lliam P. Smith was foreman. Smith con-

WILLIAM FKDMAir. 21

ndexed him then *< a being of very low, degraded intellect ; hardly above a brute, and treated him aooordingly," (vide his testimony ;) " that be was a man of very quick passions ; would fly in a moment at any thing he thought an insult;" that another convict changed the position of a pole on which yam was hung, for which he fought him, was reported for so doing and was flogged ; that he had greased a pair of shoes and set the same on a pile of wood, which another convict caused to fall, when Freeman struck him, and for which he was also flogged. After this he went to Captain Smith, crying, and represented that he had been flogged veiy severely ; that a hole had been cut between his ribs which he could lay his fingers in. He also told Captain Smith that the flogging pained him so at night that he could not neepk

As to his capacity at this time, it appears from all the witnesses sworn on lus trial, that it was very limited ; that commands had to be repeated several times befbre he could understand them sufficiently to obey ihem. Some represent him as being weak and child-like ; some thought him a little shat- tered, but all were willing to keep him at woric at such things as he had opacity to execute. In this con<Htion he remained until the expiration of his sentence, in September, 1645.

His mother never saw him during the time he was in prison, but occar sion^y sent some one to see him, that his condition might be reported to her. This was generally done by John Depuy, her 8on-in4aw, who says he saw William five times during his confinement ] that his mother had heard that somebody had struck him on lus head and that it was going to kill hinif whereupon he went in to see him. He testified on the trial, that he ' found Freeman with a knapsack on his back, walking back and forth in the yard ; '* that he would walk a little way and turn round.** Depuy considered lum deranged, and so told his wife and mother-in-law on his return.

On the morning when Freeman's sentence expired, Depuy went to the State Prison for him and took him hmne. Thus ended- his imprisonment on the charge of stealing Mrs. Godfrey's horse.

During the fall and winter he lived most of the time with his brother-in law, but occasionally at the houses of other colored people. He was some- times employed at sawing wood, but was generally sluggish, stupid and indolent He talked but little, and gave but a confhsed relation of occurrences in the prison when he was there. The injustice of his imprisonment and the rencontre with lyier seemed to be uppermost in his mind, and formed about the only topics of his conversation when he said any thing. He frequently inquired for Jack Furman, and upon being told by Depuy that he was a convict in the State Prison, replied, *^ he had not seen him.'' He said he had been there five years for nothing, and he wanted pay for it.

After enquiring for ma^strates, he told Depuy that he must go down and get a warrant for the folks, and that they must pay him ; that he could not make any gain so, aad coold'nt Uve. He then applied to two magistralei,

:« THB TBUL or

Bortwick and Paiae, fat vrftiranto against tJie folks that sent him to prison^ bat the request was refttsecL He then returned to Depny's, where he said that he ooold'nt do any thing with them ; that he could not get any thing ; would have to lose it all. After working about at sundry little jobs of work, from which he received but a trifling compensation, he went to board with a colored washer-woman named Mary Ann Newark, at a place called New Guinea, about a nule south of the village of Auburn. She had known him before he was imprisoned, and had seen him in the street after his discharge, but she was apparently unnoticed by him. She took him to board, that he might help her carry her baskets of clothes to and from those in the village for whom she woiked. Her account of him is, that he did not hear very quick ; would put down his ear and want her to speak louder ; that he never said much, and spoke only when spoken to ; that he never asked any ques- tions himself, and answered those put to him very briefly.

Whilst living with her, and between the hours of six and seven o'clock on the evening of the 12th day of March, 1846, WDUam went away, die knew not whither, nor for what purpose.

On the western border of the Owaseo lake, in the town of Fleming, and about three and a half miles south of the village of Auburn, there lived a very respectable and worthy fanner, whose name was John G. Van Nest He was a man of good education, of considerable wealth — had hM various offices of honor and profit— was extensively known, and highly esteemed by all who knew hhn. He was very exact in all his dealings, correct in his de- portment, and exemplary in all his varied relations to the society of which he was a member, and to the community in which he lived. His family consisted of Mrs. Sarah Van Nest, his wife; Mrs. Phebe Wyckoff, his mother- in-law ; Julia Van Nest, his daughter ; Peter Van Neat and George W. Van Nest, his sons, t6e hitter about two years old, and Helen Hohnes, a young woman who lived with them in the capacity of help ; there was also at his house, on the night of the 12th of March, a Mr. Van Arsdale, — ^all being re- spectable and very estimable persons. Any violence, therefore, to such a fimuly, could not have failed to arouse the community far around, and to have caused the offender to be ccmdignly punished if within their reach. And when popular indignation for a trespass upon the rights, the property or the lives of worthy citizens does not overleap the boundaries of that pro- priety which the law establishes, it betokens well for the character of the persons injured, and the virtue, the morals and the peace of society.

As the family of Mr. Van Nest were about retiring to rest on the 12th day of March, a tragedy was enacted at his dwelling which is without a parallel in the history of crime; an event that was horrid beyond all des- cription, dreadful in its character and shocking to the community. Without the least premonition of, or provocation for the act, John G. Van Nest, Sarah Van Nest his wife, and George W., their son, were slain and left weltering in their gore; Mrs. Phebe Wyckoff mortally and Van Arsdale severely

WILLIAM VEIBIAN. 28

wounded, by the band of an asMssin. The occurrence happened at about half past nine o'clock, when all the family had retired to their rooms for the night, except Mr. Van Nest, who was in his sitting room, and Mrs. Van Nest, who had stepped into the yard in rear of the dwelling. At that point of time, Mrs. Van Nest received a mortal wound inflicted with a knife^ guided by a negro, and shrieking, ran to the window of the room occupied by Helen Holmes, who opened the door in that part of the house, through which Mrs. Van Nest came in and died. Hearing the shriek of his wife, Mr. Van Nest at once opened the door, when he received a fatal stab from the •ame hand, and fbll without a struggle. Mrs. Wyckoff, in her attempt to escape, received a mortal wound as the assassin passed to the stairs ascending to the chamber. Afler stabbing an infant boy who was sleeping near thenif he attempted to ascend the stairs, when he encountered Van Arsdale, whom he severely wounded. But afber a severe struggle, the assassin was expelled from the house, and procuring a horse from the stabte hard by, he mounted, and made rapid flight from the scene of desolation and of blood* Thai faorM soon felling him, he prooured another, with which he continued his flight to the county of Oswego, a distance of forty miles, where he was taken the next day by the officers in pursuit. He was found to be William Free-

The officers returned him, fettered and bound, to the house of Van Nest, to which the magistrate repaired to take the proof of his identity and guilt, from the lips of the survivors. Tidings of the awful afiair having, meanwhile, been iddely spread, the inhabitants of the country far around rushed, en masse, to the scene of slaughter. After beholding the lifeless forms ai the fiither, mother and son, and at the same time learning that Mn. Wyckoff had died from her wounds at a neighboring house, they were so shocked and exasperated, that an irrepressible and tumultuous indignation burst forth irom every mouth, and nearly overbore the authorities who had in chaige the wretched assassin. The excitement of the occanon was unprecedented in this section of the State. It was thou^t the course of justice marked out by the law was too slow for the punishment of such an offender — that the death of the family of Van Nest must be at once avenged. The populace sought his blood, and madly and loudly called for the victim of their fliry that they nught tear him to atoms. The gibbet, rack and flame were each proposed for his immediate destruction. The rope and the lasso were ready for snatching him from the officers of the law. But by a diveraipn artfully con- trived by the officers, they escaped with their prisoner, and although pur- sued, succeeded in lodging him in the county jaiL

Such an extraordinary excitement of such an immense concourse of people, as might have been expected, <tid not immediately subside. The crowd dis- persed only to fan the flame in other quarters. The blood of wives and children ran cold at the recital, so that whole families, from the prattling child to the tottering grandsire, spontaneously joined in the popular indignation.

*Z% TBB TEIAL OF

A jury in another capital case (that of Henry Wyatt) having disagreed about the sanity of a prisoner, that was brought into the excitement and vehemently discussed in connection with this. Judges, jurors and counsel ware alternately upbraided, reproached and defended. The lives of the people were considered in jeopardy. The mention of insanity in connection with Freeman was rebuked as presumptuous, and dangerous to tihe safety of the conmiunity.

Next in th^ order of events, came the funeral obsequies over the bocBes of the slain. That was truly a mournful, a thrilling occasion. Hie presence of the four encoffined dead ; the deep and ptervading anguish of the mourning relatives ; the mighty concourse of anxious friends and acquinntances in at- tendance; all contributed to render it as extraordinary as was the event which had occasioned the exercises. The sermon was delivered with great effect by the Rev. A. B. Wii^eM, pastor of the church of which the deceased were members, from 1 PluSipians, i. 21 ; concluding with the following pe- roration:

** If ever there was a just rebuke upon the fhlsely so-called sympathy of the day, here it is. Let any man in his senses look at this horrible sight, and then think of the spirit with which it was perpetrated, and, unless he loves the murderer more than his murdered victims^ he will, he must confess, that the law of God which requires (Jiat ' he that sheddeth man's blood by man shall his bhod be shed* is right, is just, is reasonable. Is this the way to prevent murder; by sympathy ? It encounq^ it It steels the heart and nerves the arm of the assassin !

^ But capital punishment is said to be barbarous, cruel, savage. What does this amount to? Why, that God commands that which is barbarous j cruel and savage! Most daring blasphemy 1 But all punishment is for the good of the culprit, or else it is tyrannical ! The wretch who committed this horrid deed has been in the school of a State Prison for five years, and yet comes out a murderer! Besides, it is an undeniable fact, that murder has increased with the increase of this anti-capital punishment spirit It awakens a hope in the wretch, that by adroit counsel, law may be perverted, and jurors be- wildered or melted by sympathy ; that by jodges infected with it, their whole charges may be in favor of the accused ; that by the lavishment of money, appeals might be multiplied, and, by putdng off the trial, witnesses may die. Why, none of us are safe under such a false sympathy as this ; for the mur- derer is almost certain of being acquitted I If I shoot a man to prevent him breaking into my house and killing my family, these gentlemen will say I did right But if he succeeds, and murders my whole family, then it would be barbarous to put him to death ! Oh, shame, shame ! 1 appeal to this vast assembly to maintain the laws of their country inviolate, and cause the mur- derer to be punished."

However inappropriate such an appeal may have been for the day and occasion, it was nevertheless responded to by the excited auditory, and a

^ WILLIAM IBBBMAM. ' 25

copy thereof solicited for pulipcation. The request was granted ; the sermon printed, and thousands thereof gratuitously circulated throughout the bodj of the State. The press announced the murder in glaring, startling capitals, and <tid its part in awakening the community to the awful consequences of sympathy for such an offender. Nor was this excitement local. As the tidings of the affair went forth in the public prints, the people of the whole State, in very considerable degree, partook of the feeling that perraded the masses in Cayuga.

Such had beennhe tragedy ; such the excitement; such was the con<Htion of the puUic mind, when, at the May term of the Cayuga general sessions, four indictments for murder were found against Freeman, and presented by the grand jury. That for the murder of John G. Van Nest, being the one upon which he was tried, was in the words and figures following.

THE INDICTMENT.

At a court of general sessions <^ the peace, held at the court house, in tlie Tillage of Auburn, in and for the county of Cayuga, on the eighteenth day of May, in the year of our Lord, one thousand eight hundred and forty- six, before Joseph L. Richardson, Isaac Sisson, Elisha W. Sheldon, Esquires, and others, their associates, judges and justices, assigned to keep* the peace in the said county of Cayuga, and to hear and determine divers felonies, tres- passes, and other misdemeanors, in the said county, committed :

Cayuga County, w: The jurors for the people of the State of New York, in and for the body <^ the county of Cayuga, to wit : Samuel S. Coonley, Ezra Willits, Phineas F. Wilson, William Beach, Henry H. Cooley, William Bidwell, James Congdon, Charles Paddock, Leonard D. Harmon, John O'Hara, John A. Carter, Charles Lester, Jacob Cuykendall, Daniel R. Books, WlUiam Moore, Jacob Sharpsteen, Thomas E. Loomis, good and lawful men of the same county, being then and there sworn and charged upon their oath, present : That William Freeman, late of the town of Auburn, in the county of Cayuga, laborer, on the twelAh day of March, in the year of our Lord, one thousand eight hundred and forty six, with force and aims, at the town of Fleming, in the county aforesaid, in and upon one John 6. Van Nest, in tbe peace of God and the people of the State of New York then and there being, feloniously, wilfully, and of his malice aforethought, and from a premeditated design to effect the death of the said John G. Van Nest, did make an assault ; and that the said William Freeman, with a certain knife, of the value of twenty-five cents, which he, the said William Freeman, in his right hand then and there had and held, the said John G. Van Nest, in and upon the breast at the left side of the breast bone, between the third

20 ' THB TBIAL Off

and fourth ribs of him, the said John G. Van Nest, then and there feloniooslj, wilfully, and of his m^ce aforethought, and from a premeditated design to effect the death of the said John G. Van Nest, did strike, stab and ihrost, giying to the said John G. Van Nest, then and there, with the knife afore- said, in and upon the breast at the left side of the breast bone, between the third and fourth ribs of him, the said John G. Van Nest, one mortal wound of the breadth of one inch and of the depth <^ five inches, of which said mortal wound the said John G. Van Nest then and there instantly died. And so the jurors aforesaid, upon their oath aforesaid, do say that«the said William Freeman, the said John G. Van Nest, in manner and form aforesaid, l^o- niously, wilfully, and of his malice aforethought, and from a premeditated d€«ign to effect the death of the said John G. Van Nest, did kill and murder, against the peace and dignity of the people of the State of New York.

LuMAN Sherwood, Dist. Atfy. (A true Bill.)

Samuel S. Coonlet, Foreman. On the presentation of the above, with the other indictments against William Freeman, and on motion of the district attqmey, it was ordered by the said court of general sessions that the said indictments be sent to the court of oyer and terminer for trial.

Henry Wyatt and William Freeman both being in jail on charges for

capital offences, a commission was issued by the Governor for the holding of

a special court of oyer and terminer by the Hon. Bowen Whiting, and the

county judges of Cayuga, on the first Monday of June next thereafter, at

. the court house in Auburn, for the trial of said prisoners.

THE AKRAIGNMENT.

On the first day of June, 1846, the Hon. Bowen Whiting, with the other judges composing said commission, convened at the court house in Auburn^ and then and there opened and held a special court of oyer and terminer. After the usual proclamations, the sheriff was directed to bring in William Freeman for arraignment The prisoner having been brought to the bar, L. Sherwood, Esq., district attorney, proceeded to amugn him upon the several indictments for murder, whereupon the Hon. William H. Seward appeared in court and tendered in behalf of the prisoner a plea of insanity, upon which the district attorney took issue.

His honor, the presiding judge, then remarked, that as the statute ex- pressly declared that no insane person can be tried, the issue which had been joined upon the mental condition of the prisoner must be disposed of before any further proceedings could be had on the indictment How that

WILLIAM f BESICAN. 27

iffue was to be detennii^ed, he was not, without some reflection, prepared to decide. A plea of insanity went to the right of the court to trj the pri- soner during the continuance of that disability, if it in fact existed. The court, therefore, mu^t adopt such a method for determining that issue as would be satisfactory to the judges composing it. Until he consulted with his brethren, he was unprepared to announce the method to be adopted. As it was a matter resting in the discretion of the court, he would hear the views of counsel, if they desired to make any suggestions.

Mr. Sherwood obserred, that in his opinion the court might determine the present sanity of the prisoner, either by a personal inspection and ezamina- ^n, with or without the aid of physicians, or by a jury to be empanelled for that purpose. He was unable to say what method the court would prefer, or which woi^ld be the most satisfactory. As he had, from observation of and conversation with the prisoner, satisfied himself that he was not insane, it appeared to him that a simikr examination might satisfy the conscience of the court

Mr. Seward regarded insanity as a fact that should be determined as other questions of fact are required to be, in criminal cases. In that view he suggested a trial of the issue by a jury. It was important to the people as well as the prisoner, that such an investigation be made as shall be entirely satisfactory to the court and to the public. If the prisoner be insane, as the plea alleges, he ought not to be required to answer ; if he be sane, he should be tried^ Whilst the examination of the district attorney had convinced him that Freeman was sane, his (Mr. Seward's) examination had convinced him that he was insane. Others, with equal advantages for arriving at the truth, corroborated his opinion. If a trial by jury were the right of a sane man, ought it not to be accorded to one who cannot hear you nor make any election in the premises himself?

The court reserved the question for advisement, and ordered the arraign- ment to be suspended, and the prisoner to be remanded to the county jaiL

DECISION OP THE COURT.

On the twenty-fourth day of the same month, the court announced its detennination to inform its conscience concerning the insanity of tffe pri- soner, by the verdict of a jury, and thereupon directed the Clerk to draw such jury from the box containing the names of jurors summoned to attend Bud court, and to empanel the same for the trial of that issue.

Hon. John Van Buren, attorney general, and Luman Sherwood, Esq.,

28 THI TBIAL OP

district attomej, i^peared as oonnsel for the people; Hon. Williain H. Seward, DaTid Wright, Christopher Morgan, and Samuel BUitchford, Esqrs., took their seats as counsel in behalf of the prisoner. ^<

THE JURORS AND THEIR EXAMINATION.

Ezra Stonb was then drawn by the clerk as a juror, and answering, was thereupon challenged for principal cause bj the counsel for tbfe prisoner. After being sworn to answer, &c., touching his indifference, &c., he testified as follows : I reside in Cato. Have not formed any opinion concerning the sanity of the prisoner. Have heard the subject spoken of. Have seen him in his cell, but have formed no opinion. Have no impressions on my mind either way.

Question. Have you not formed and expressed a fixed and deliberate opin- ion that the prisoner at the bar is guilty of murder ? Objected to by attorney general, and objection sustained.

Q. Have you not formed and expressed an opinion that the prisoner ought to be hanged ? Objected to by attorney general, and objection sus- tained.

The court overruled the challenge for principal cause, and thereupon the prisoner's counsel challenged the juror for favor. Counsellors Hulbert and Andms were appointed triors, before whom the juror was further examined as follows : I have heard of the murders in Fleming. Saw an account of them. Mr. Ives, of Weedsport, told me about them. Ives told that the prisoner was a negro, and that his name was Freeman. It was said there were others concerned with him. Heard a man, who saw the bodies, give the particulars of the transaction. Think it likely that an opinion was ex- pressed. It was said that there was talk about Lynching him. There was considerable excitement I have not had doubts of his guilt ; of his having committed the murders. Have said that if he was guilty he ought to be punished. Have said he ought to be brought to trial and to justice. I par- took of the excitement I had supposed him sane until I came here. I have heard it asked whether they would not try to prove him morally insane. Don't know as I thought he ought to have been Lynched. I may have said that it might have been as well if he had been.

Q. iy the triors. When you testified that you had no doubt the prisoner committed the murders, did you mean to intimate an opinion that he was eapable of committing murders, or merely that he had taken the lives of those persons ?

Answer. That he took their lives. I knew notihing of his ability.

whjjam FBmf an. w

Verdict of triors — " that they find the jnror indifferent upon the lasue of inunity.'*

The prisoner's coansel insisted that the verdict /hould be whether the juror is indifferent between the people and the prisoner. Whereupon the court remarked that the verdict of the triors was equivalent to that, and thereupon the triors say, that under such instruction, their verdict is that the juror is indifferent

The said juror was then challenged peremptorily. To this the attorney general objected. The court decided that the prisoner on this issue was not entitled to a peremptory challenge. Ezra Stone was then sworn to try the issue. (1.)

SiMOir Hawes was next drawn by the clerk as a juror, and answering, was thereupon challenged for principal cause, and he being sworn, testified as follows : I have seen the prisoner. Have heard the question of his in- sanity several times spoken of. I saw him in jail this morning. Thompson and Wood, also jurors, were with me. There was a man in the cell with the prisoner doing something. Have made up no mind as to his insanity. Have not much of an impression. Have formed no opinion.

Q. Have you formed and expressed an opinion that the prisoner is guilty of the murders charged again^ him ? Objected to by attorney general, and objection sustained.

The court then overruled the challenge for principal cause, and thereupon the prisoner's counsel challenged the said juror for favor. Same triors as be- fore. The juror being further examined, testified: I have formed an opinion that the prisoner is guilty, if he is the man he Is said to be ; that he is guilty of the murder of the Van Nest family. If he is the man who killed them, he is guilty, of course. I have formed an opinion from what I have heard and read that he is the man. This has been my opinion since I heard of the affair. My opinion at present is as much of a deliberate opinion as any other that I have formed from reading and hearing. I have read accounts of the murder in the newspapers. I have heard it conversed about oflen, and have always expressed this opinion. Guess I never expressed the opinion that he ought to be hung. If he is guilty he ought to be hung, and I have formed the opinion that he ought to be hung.

Q. by the court Have you ever thought about his being insane ?

A. Yes, I have thought and said he ought to have a fair trial I feel indifferent on the question of insanity.

Q. by district attorney. Have you had any means of forming any opin- ion whether the prisoner is sane or insane ?

A. I have not My mind is open to a fair consideration of the testimony upon that subject I did not take into consideration his responsibility for his acts, when I said he was guilty of murder.

His honor, the presiding juc^, then charged the triors that the question

80 VHB TRIAL OV

for them to determine was, whether the juror's mind is in a condition fairly to try this issue of the sanity or insanity of the prisoner ; to try whether the prisoner shall be tried on the main issue. He has expiressed a belief that the prisoner is guilty of the killing which is charged against him as murder; yet that is not the question now on trial, and we do not see that an opinion on that disqualifies a juror upon this issue. If he has a fixed and deliberate opinion that the prisoner is guilty of the crime charged, he is not disqualified as a juror on this issue, if he has not made up his mind as to the sanity or insanity of the prisoner/ Evidence of his opinion of the prisoner^ guilt oonld have no influence in deciding upon the indifference of the juror only aa it was evidence of his bias against him, and that if the triors believed that such opinion was evidence of bias agunst the prisoner, they would find the juror not indifferent

Verdict of jurors — that he was indifferent; the court deciding that no peremptory challenge would be allowed, Simon Hawes was then sworn to try the issue. (2.)

Ezra Moseman was then drawn, but discharged on his own application, for cause shown on oath.

Andrews Preston was next drawn as a juror, and answering, was thereupon challenged for principal cause, and being sworn, testified : I have formed an opinion that Freeman took the lives of the Van Nest family. Whether it was legally murder or not, I cannot say. If he was of sound mind, I should suppose that it was murder ; otherwise, not I do not know but that his inind is sound. Have seen him in jail and in court, but had no conversation with him. Others had. From what I have seen of him and heard about him, an impression has been made on my mind that he is not insane. I have no prejudice or bias against him, and would be willing to have his insanity tested fairly. I have not had the means of forming a de^ cided opinion on that point

The court overruled the challenge for principal cause, and the juror was thereupon challenged to the favor. Same triors.

Q. Have you any doubts as to the accountability of the prisoner?

A. I think I should have some reason to doubt his accountability. I suppose him to be a man of very weak intellect, very indeed. I should, however, make a distinction between imbecility of mind and insanity. I heard of the murders ; read most and perhaps all that was published on the subject My mind was not prejudiced by what I read, if I understand the true definition of that word. I understand prejudice to mean the judpng before hand, without proper examination. I heard of the attempt to Lynch the prisoner. Don't know but I heard from an eye witness, soon afler it occurred. I presume I expressed an opinion upon the subject then, and that was in favor of a strict observance of the law.

The court chai^d in substance as before, and triors find the juror not indifferent

WILUAM fBXBMAN. 81

John O'Haba was then drawn as a juror, and answering, said thai John G. Van Nest was his brother-in-law. He was excused.

Abraham Gutchess was next drawn as a juror, and answering, waa thereupon challenged for piineipal cause, and being sworn testified : I have heard of the murders, but never heard any one say that he was insane. Don't know how that is, but my belief is that the prisoner is sane. Shall continue so to believe until the contrary is proved. Have seen him in court, but never looked at him with reference to his insanity. Can't say whether I ever heard that he was crazy, or that he was not

The court overruled the challenge for principal cause, whereupon the prisoner's counsel challenged the juror for favor. The juror further testi- fied : I have formed no opinion as to junsoner being a murderer. Think he killed the Van Nest family ; have no doubt about that. Heard that af- ter Freeman was arrested, there was a vote of the people taken to L3mch him. Did not hear that a halter was taken to Van Nest's house to hang the prisoner with. Never said he ought to be hanged ; but have stud that if he was a sane man he ought to be hung. I always pat in that qualification. The thought of his insanity entered my mind when I read the account of the murder, and I thought that he might have been or might not have been insane. I pondered that in my mind, and I thought whether he was sane or insane, but I came to no particular conclusion. The fact itself of his committing so many murders, raised a doubt in my mind at first about his sanity. I cannot say that I came to the conclusion that he was sane. Don't know but my impresssion was as much one way as the other ; but my present impression is that he was sane.

Q. by attorney general. Did you ever see the prisoner until you came to court ?

A. No ; and never except in court Never spoke to or with him. Have had no opportunity for making up an opinion whether he is sane or insane. I should believe him sane until I heard something to the contrary. Have no feeling against him.

Afler a charge, in substance as before, the triors found the juror indiffer- ent Abraham Gutchess was then sworn as a juror. (3.)

Sheldon Goodrich was next drawn, and not being challenged, was sworn as a juror. (4.)

Henry Acker was next drawn, and answering, was challenged for prin- cipal cause, and being sworn, testified as follows : Have heard it said by some that Freeman was insane, and by others that he was not Have read about the murder in the Cayuga Tocsin. That paper described the murder, the time, and circumstances of it I take that paper. Never saw the pri- soner except in court Can't say that I have made up my mind. When I heard it, I supposed he was as other men are, with reasonable faculties for the commissbn of crime. I have some reason to doubt that, as I have heard it contradicted. Have no bias on my mind at present I think from ap-

S2 f THs'TuiL or

pearance of the prinoner that he is rather a weak minded man. I have thought he killed the Van Nest family, and that he was a murderer, unless he shall be proved insane. Have talked about it, but don't know as I have said he murdered the fanuly. Have said I believed he killed them. Have heard of the attempt to Lynch him. Thought ho ought to have the benefit of law. Have thought that if he was guilty he ought to be hung. I thought him guilty till I heard of his insanity. Have no opinion on the subject of his insanity, but think if he is insane he ought not to be hung.

The court overruled the challenge for principal cause, and the counsel for prisoner then challenged him for favor. Same triors.

Prisoner's counsel asks that Mr. Goodrich, he being the first unchallenged juror, be sworn as a trior. Objected to by attorney general. Court denies request Previous testimony read to the triors, and the same charge in sub- stance delivered as before, except that his honor added, that the oath does not mean absolute indifference as to the murder, but only indifference as to the question of present sanity or insanity of the prisoner. The prisoner may have been sane then, but insane now ; guilty of murder, yet unfit to be tried.

The triors found the juror indifferent Heniy Acker was then sworn as a juror to try the issue. (5.)

Benjamin Clark was next drawn, and answering, was challenged by counsel for the people, but the same withdrawn and juror sworn. (6#)

Abijah p. Olmstej) was next drawn, and answering, was interrogated by counsel ; not challenged, but was sworn. (7.)

Samuel Bell was next drawn, and answering to the call, took his seat as a juror. (8.)

Thomas J. Slater was next drawn, and answering, was challenged for principal cause by prisoner's counsel. On examination, juror said : I have seen the prisoner in court since the commencement of this suit Have heard about him from several persons. Have expressed an opinion that he is sane, and that is my present ojHnion.

Q. by district attorney. On what did you form that opinion ?

A. From his appearance and his preparation of tools for the butchery.

The court decide the challenge well taken.

Martin J. Van Buren was next drawn, and answering, was challenged . by prisoner's counsel for principal cause. The juror being sworn, testified : I have not formed an opinion of the prisoner's sanity. Not hearing any thing to the contrary, I had supposed him competent to commit murder until I came here. Have thought of it a good deal since. Can't say that I should judge correctly, but it looked to me like a very curious circumstance that a sane man should murder a whole family.

Challenge withdrawn, and juror sworn. (9.)

Cyrus H. Davis was next drawn, and not being challenged by either party, was sworn to try the issue. (10.)

wiLUAM yExnuK. 88

John E. Kkum was next drawn by the clez^ and answering, was chal- * lenged for principal cause ; bot the same, on brief examination, was with- drawn. He was then sworn. (11.)

Darwin Cady was next drawn, and answering, was challenged for principal cause, and being sworn, testified : There has been a good deal of excitement in my neighborhood about this murder. I have formed an opin* ion that prisoner is guilty. I saw prisoner stand up to be arraigned, and thought from the way he managed that he was not very insane. The cir- cumstances of the murder prove that he is not insane, and that is the bias of my opinion. I should want testimony to remove that opinion. If he is deranged I cannot see it in his eye. Don't feel exactly towards him as I would towards one not accused of crime.

Set aside by consent of attorney general

William Ross was next drawn, and answering, was challenged fot principal cause, and having formed an opinion, was set aside.

John Vosler was next drawn, and answering, was challenged for prin- cipa! cause by the prisoner's counsel, and after being sworn, testified : Heard the plea of insanity put in. Have seen prisoner in court Was never in the jail. Have heard it remarked that the plea was merely a pretence. Have heard it ridiculed frequently. Have heaid that he was, and also that he was not insane. I have looked at him, but cannot tell whether he is insane or not. I have seen no appearance of insanity. My impression is that the plea of insanity is groundless. Think so from his fixing his knifis, taking the horse, time of night, and all I have heard. In my mind this man is guilty Qf murder, and that ho is responsible for his acts. If he sharpened the knife, committed the murders, and then took a horse and run away, he ought to be responsible.

The court sustained the challenge.

James H. Wood was next drawn by the clerk, and answering, was challenged for principal cause by the counsel for prisoner, and being sworn he testified : I have an opinion that four persons were killed, and that whoever did it was a murderer. Heard that Freeman was arrested for it Have heard very little about it{ have some. Heard that knife was sharp- ened before hand, and that he went and stabbed all of them ; and that he then took a horse and cleared, and got to Fulton. The impression on my mind is that Freeman was the man, and if the facts are so I know of no reason why he is not accountable. Think I have never heard the facts contradicted. Have heard the counsel censured for putting in a plea of insanity for the prisoner. I think from ithe precaution he took, and the escape he made, he is an accountable being, and that is my mind now. I presume he la sane.

The court overruled the challenge, whereupon the prisoner's counsel challenged the juror for favor, and appointed counsellors Hulbert and An- drus trion.

84 THX TEIAL or

On the preceding evidence to them read, the triors found the juror not indifferent

John Conger was next drawn, and answering, was chaDenged for prin- cipal cause, and being sworn, testified : Have seen the prisoner in court No where else. Have read part of the facts and circumstances, and have heard them talked orer. Concluded that he was guilty of murder, if what I liad read and heard was true. Do not know that ihe question of sanity arose in my mind. I took it for granted that it was an atrocious murder. I never heard the prisoner's sanity questioned until he was brought into court Have looked at him with reference to his sanity. I was a good deal disappointed on seeing the man, for I had supposed him an athletic, ferocious man. I have not any opinion about his sanity, yet the bias of my mind is that he is now responsible, saying nothing about what I have heard here. See nothing in his appearance to change the impression. He don't appear, however, to be a man of any knowledge.

Challenge withdrawn, and juror sworn to try the issue of insanity. (12.)

Court then adjourned for the day.

TRIAL OF THE QUESTION OF INSANITY.

In court, June 25, 1846. Present, judges and counsel as yesterday. On a call, the junors decided competent to try the issue upon the plea of insanity, responded, and entered the box, to wit :

1.	Ezra Stone,	7.	Abijah p. Olmsted,
2.	Simon Hawes,	8.	Samuel Bell,
8.	Abraham GtiTCHESs,	9.	Martin J. Van Buren,
4.	Sheldon Goodrich,	10.	Cyrus H. Davis,
5.	Henrt Acker,	11.	John E. Krum,
6.	Benjamin Clark,	12.	John Conger.

Mr. Wright, for the prisoner, then opened the caie to the jury. Whilst he was impressed with the belief that the prisoner was insane, he wa.s not without information that others differed with him in opinion. T!ie circum- stances of the massacre, however, were themselTcs indicadve of insanity rather than of depravity. There was such an absence of motive on the part of the prisoner for the commission of an act so dreadful and revolting, that the first mention of the case awoke in his mind suspicion of insanity. With others, he had been confirmed in that impression after seeing the prisoner, and learning more of his history and behavior. He had heard that insanity was hereditary in his family ; that being predisposed to that disease, some of his ancestors had become insane for causes apparently trivial ; that Freeman had himself been imprisoned for another's crime, and bad been subjected to

WILLIAM rSXlMAN. 86

the lash for pretended ofTences. He had heard too of the blow which had injured hid hearing, and he had seen him in his cell, deaf, indifferent to his fate, and unconscious of danger. He had observed his vacant stare and idiotic smile. Whilst he was shocked at his deeds, he was moved with pity for his condition. He believed him a proper object of sympathy rather than of prejudice and indignation. At the request of Gov. Seward he had been assigned by the court as counsel in his behalf. An unsought responsibility now rested upon him as counsel ; a responsibility that was akin to that rest- ing upon them as jurors. It was a responsibility that must be borne in the discharge of his duty, without fear, favor, or the hope of any reward, save that which would arise from seeing justice dispensed and the law vindicated. He and they must dispel from their minds every semblance of prejudice, and proceed to inquire whether the wretched prisoner at the bar be a sane or insane man. It was an investigation that would require time, labor, patience and care. The prisoner's counsel have, in the honest dischaige of their duty, deemed it just to plead for him a plea tliat he cannot understand. Aa little did he (the prisoner) understand the nature of this investigation or the proof to be made. He is here because the law requires it ; not to dictate a defence of which he is aa ignorant as the posts which support the dome under which you sit What is done by us, comes from no agency of his, but, from the dictates of conscience and the promptings of hunuinity. We ask, then, your best attention whilst we spread before you the condition of his mind by the testimony of witnesses, remembering that human life pro- bably hangs upon the issue.

Ira Curtis was then called aa a witness on behalf of the prisoner, who, after being duly sworn, testified : I reside in Auburn ; am fifly-two yean of age, and by occupation a merchant I know the priaoner, and am deci- dedly of opinion that he ia a part of the time an idiot; both idiotic and insane. My opinion is formed from talking with him. At one dme I would think him insane, at another that he was an idiot I first saw him some years ago. I employed him about the Western Exchange ; the kitchen and yard. If he had any capacity, I waa unable to ascertain it He was of no use to me ; if I sent him for any little thing five rods, he would be just as likely to bring me something else. He was a dull, morose, stupid, stubborn boy. I have talked to him in his cell ; saw htm first on first day of June instant ; went into hia cell and found him in a tremor, wonderfully agitated. I mentioned to him that they were going to take him out to hang him. He gave me to understand that they were going to kill hLoi. I asked him if he knew they were going to take him out to try him. He said he supposed to kill him. I said no ; that they were to take him out to have a trial ; a fair trial. I said this to allay the fear he waa laboring under.

I asked Freeman if he could read. He said he could. About that time Mr. Austin, a clergyman of this village, came into the cell where we were* He took up a testament that was laying there, opened it, handed it to Free-

do THB TUAt or

man and asked him to read in it He undertook to do 80, and commenced by repeating the words, O, Lord, Jesus Christ, Almighty, mercy Moses, and continued in the same way, but sometimes using words that I could not un* derstand and which I doubt were to be found in any language ; certainly not in the English. He used some proper English words, but others were not They were words that I never heard before, and probably never shall hear again. I took the book from his hand and said to him, ^* you do not read right" He replied that he did. I looked at the place where he was pretending to read, and found it waa the chapter beginning with, *'• In those dtLjs came John the Baptist, preaching in the wiidemesa," &c. I said again to him, " you cannot read." He said, " yes I can." I said, " you don't read right" He said, "yes I do."

Finding that he could not read in the Testament, I took from my hat a leaf of a Bank Note Detector, and pointed to the word " admirable" that was upon the leaf, and asked him what it was. He looked up with a silly ex- pression, and said " woman." I said, No it is'nt He said, Yes it is. I then pilt the point of my knife to the word ** Thompson," for it was Thompson's Bank Note Detector, and said, '' What is that. Bill." Cook, said he. I then directed his attention to a capital A, which he called A, and he also called the letters to E correctly. Mr. Austin asked me to tell him to count One or both of us did so request him. He said he could count, and commenced counting his fingers. He counted to " five" and hesitated ; and again when he got to " eleven" and " thirteen," and at a number of places. When he got to twenty, he began one, two, three, &c., and kept on to seven, and from that went to eighty. Next he got in sixty-six and seventy-two before I slopped him.

During all this time he was in a tremor from head to foot Finding ha eould not count correctly, I entered into a conversation with him, about his going up to the Lake. I asked him what he went up to the Lake for; to which he replied that he did not really know what he did go for; as if he had no particular object in going. I asked him how far he went He an- swered, quite a piece, or something like tiiat I asked him where he stopped, or if he stopped in any other house. He said he stopped once at a house beyond. I inquired what for. He said to get a drink of water. I asked him what he went into the other house for. His answer amounted to this : that he did not know. I asked how he came to kill those folks. He said ha did'nt know, or " Oh, I don't know." I asked him if he was af%er tiieir money. He said, " No ; didn't know they had any." I asked if he knew the family. He said. No. I asked how he came to kill that child. Here he exhibited some feeling. He answered, " They say, I know, I killed a child ; but Mr. Curtis, no, I did'nt; I never killed a child." I asked him what he UUed the otiiers for. " Why," said he, drawling, " you know I had my work to da" I said, nonsense, don't talk so foolishly ; and repeated the question load and distinct; to which he answered, " Well, I don't know ; can't tell."

WILLIAM FBBBfAN. 87

I asked him if he knew the man, or had any thing against him. He tuld No, he didn't know him, nor know who lived there. He said he thought it wai time to begin. Said he did*iit go in to kill them ; thought it wasn't time to begin yet I asked him if he went in to murder them. He said "'No, I tliought it wasn't time to begin." He spoke about having worked for the State five years, and had not got his pay ; that they had got to pay, or some- body had got to pay him. I felt that there was no attempt on his part to deceiye. I have no doubt that he was really sincere in what he said. I have no doubt of it What I saw of him gave me the impression that he was crazy, or was a fool, or both.

Crosb Examikation. — ^When I asked him what he killed those people for, he said, You know that I have worked five years for nothing, and they have got to pay ; or, I liave not got my pay for it He did not live with me long. I did not suspect he was crasy at that time ; thought him more knave than fool then ; that he was capable of doing better than he did. When I set him at any thing, he would almost always do it wrong. I take it for granted, a person I employ has common sense ; if not I don't employ him ; and that was my impression about this man. Can't say how many times I saw him afler he came from prison. I have recollection of having seen him once or twice. Can't recollect any particular time or place, but am satisfied I was in the habit of seeing him from time to time ; possibly as often as once a week. I knew him by name, and have no doubt that he knew me. Never qioke to him, or he to me, after he went to prison. I recollect nothing of him since he led me, except his peculiar cast of countenance. Never thought of asking myself the question whether there was any difference in him. Took no notice. I think he was not deaf when he lived witJi me first I never punished any body that I hired ; never punished or reproved him when in my employ. He did not learn to read while he Hved with me. I doubt whether he attended any church or any school. I attend the Univer- saliat church, and the Rev. J. M. Austin is our clergyman. I think his education is fair, yet I never asked him whether he was a graduated I should think his education was fair and decent Have heard him quote Greek and Latin, but can't say as to Hebrew. I don't understand any lan- guage myself but the English, and hardly that

I had kept away from Wyatt and the negro until the Monday when this court commenced. On the Sundi^f preceding, I was told that I would probably be called as a witness in this case, and I determined then to go and see him.

On Monday morning Mr. Austin came in to my store, and I told* hin about my determination. He said he would meet me at Dr. Robinson's office and go with me. One of us named the hour. When I went, he was not there, so I kept on to the jail, where he came ten or fifteen minntes after. It was neighborhood talk when he was in the State Prison, that he

38 THK TKIAL OV

was called crazy. He was called Crazy BilL I had heard that some called him crazy before I went to the jail ; some said he waa a fool.

My object in going to the jail was to see him, having almost forgotten him. After seeing him. I talked about him, and when I heard men say that he ought to be hung, I would say, yon might as well hang a dog. I did not knorw as I was to be called as a witness as to his state of mind. I knew I was to be called upon to testify as to the facts ; not to any particular thing.

I afterwaids told Mr. Seward of my interview with the prisoner. When I went to the jail I went to find out all I could about Freeman. While there, Mr. Austin in a low tone of voice said to me, ^ he can't read ; he thinks he can, but cannot" That difficulty was all solved when I remembered how little children read when a book is handed to them before they have learned to read. I did not discover any change in him. When he tried to read, he used a great many strange words. I would as soon expect a pig to uttei* Greek and Latin or Hebrew, as for him to do it

Q. Did it never occur to you that he was trying to impose on you, to get up the plea of insanity ?

A. It did occur to me.

Q. Was it not possible that widi his appearance <^ insanity he was at- tempting to play off such a game ?

A. The thought vanished in a moment There was too much before me.

Q. Are yon confident that he cannot read at all ?

A. I am that he cannot read a sentence, and yet he can say the alphabet correctly.

Q. Fnnn your own knowledge can you say that he cannot read ?

A. I cannot say from my own knowledge that he cannot read, except as I have before testified.

Q. Did ]^ou know that a plea of insanity was to be interposed for him ?

A. I presumed he would set up insanity or idiocy.

Q. Had you known that he was about putting in a plea of insanity, would it have altered your opinion of his sincerity ?

A. I don't think it would. I have no doubt of his sincerity ; that he labored' very hard to try to make us believe that he knew something, and did not know any thing.

Q. What was the condition of his mind when he lived with you ?

A. He was stubborn and playful, and when told to do one thing he would do another.

Q. When he was pretending to read in the jail, did it not occur to you tlMt he might know better ?

A. The thought occurred to me that he ought to know better, and might know better. I mentioned so to Mr. Austin, and others afterwards, I think.

Q. Had Mr. Austin virited the jail before ?

A. I suspect he had, and knew more than I did, and left me to get along with the prisoner the best way I could.

WlUdAM imUiAN. 89

Q. Did not Mr. Austin say to you ihnl the prisoaer could not read ?

A. Why, I said to him that it was strange ; that he certainly could*nt read ; and he smiled, and said, *^ I know that, but he tJiinks he can."

Q. Did not the prisoner appear to be in a reflective mood ?

A. I had an impression that the prisoner did not think much, any way.

Q. Might you not have been deceived as to the prisoner's sincerity ?

A. I supposed the prisoner was telling me the truth.

Q. Did you think he appeared differently from what he did when he lived with you ?

A. I got the impression that he was not a tenth part as big a fool wheii he worked for me as when I saw him in jaiL . Q. Then you consider him a bigger fool than formerly ?

A. You have asked me if I found any change in him. I got the impres- sion that he was a fool, and that impression grew stronger the more I saw of him. '

Q. Are you acquainted unth the subject of insanity ?

A. I don't know any thing about it scientifically. I have seen many cases of it

Q. Did you not know that he conld not read before yon gave him the book?

A. No. I did not know only from what he said. He said he could, and I got the opinion that he was honest in thinking so. When he sud, " they tell me I killed the child, but, Mr. Curtis, I certainly did not," I thought he was telling me what he believed to be the truth.

Q. And you think he believed that to be the truth ?

A. ( I think just at that moment he thought he had not killed the child ; but I think it likely that he would five minutes afler have told another per- son a different story. ,

Q. Did he not assign a motive for going to the house of Van Nest and killing the family ?

A. He said he had worked five years for nothing, and they must pay him. I asked him several times why he killed the family, before the child was mentioned.

Q. Were the words he pretended to read on the page opened to him f

A. They were not

Q. Did it occur to you that he might have been taught to do this ?

A. No.

DiKECT RESUMED. — I do*nt believe it is in the power <^ all in this room to teach him to carry on a piece of deception for fifteen minutes. He pointed to where he pretended to read a part of the time, and a part of the time he held the book in both hands ; he always counted by his fingers. His words were many of them unintelligible. The rest were mixed up.

Re-Cross Examination. — The unintelligible words were between the othen. His memory did not appear to be good. He recognized some peo-

40 nu nuAL ov

pie. He knew me. When asked if he knew me, he caUed me hj name. He coald count twenty.

Q. Does accuracy in counting depend upon memory ?

A. I don't know whether it does or not

Q. Did you test his memory pardcularly ?

A. I did not ; did not try him to see what he could recollect

Martha Godfrey was next called and sworn as a witness for the pri* soner, on tJie plea of insanity interposed in his behalf. She testified as fol- lows : I reside in Sennett, and have seen the prisoner. He came to my house last March, at two o'clock P. M., and before the murder of the Van Nest family. He came in and sat down, and wanted to know if this was the place where a woman had a horse stolen ^tq years ago. I told him it was» He then said he had been to prison for stealing it ;' but that he did not steal it I told him that was somethii^ I did not know any thing about ; that he had been tried and found guilty of it, and sent to prison. He seemed deaf^ and complained of being so hard of hearing that he could not hear. He wanted me to get very close to him and speak very loud. One of my neigh- bors just then came in, and I told him to -talk to Freeman, for I could not It was Joseph Johnson that came in. He asked Freeman what he wanted. He did not make much of an answer, but said he did not know, and sat awhile. Mr. Johnson asked whether he wanted the horse, or what he did want He did not make any answer, but sat there quite a while. I then asked hun if he wanted any thing to eat He said he did'nt know. I how- ever gave him some cake to eat. Johnson spoke to him again, asking him if he wanted the horse. He nat awhile, looked around, smiled, and Said Ate didnt want the horse now. He said he had been to prison for stealing the horse, but didn't steal it ; and wanted a settlement He said he had been to prison five years.

I did have a horse stolen five years ago, and was a witness against Freeman on the trial for stealing it I did not then know John G. Van Nest, nor any <rf*his family, nor any of the persons in his house when the murder was committed. I never heard that any of them were concerned in the trial in any way. They were in no way related to me or my family. I never beard of them until afVer the murders were committed. He remained at my house about an hour. The witnesses agiunst Freeman on the trial for stealing my horse, were Marcus T. Doty, and a negro, named Jack Fnrman, I believe. The trial was in this court house.

Cross ExAMiNATiONd — ^Witness testified that Freeman was at her house at no other time that she knew of; that she never saw him at any other time, except at the court house when he was tried.

Therox Green was then called as a witness in behalf of the prisoner. Afler being sworn, he testified as follows : I have resided in Auburn for eight or ten years last past I know the prisoner and knew him when he was in the State Prison at Anbom. h\ 1S43 I was an officer in the State

whxiAM TsiaalAii. 41

Prison, and bad charge of him. I think he waa not then in possesnon of much intellect Aji to his sanity, I had rather not give an opinion, as I am not a competent judge of it He is a singalar being; the most so of any penon I ever had charge of. He is an imbecile sort of person.

He worked at the forge. He blew the bellows at the fire, and did the striking. We got along with him as well as coold be expected. He was a half pay man ; did aboot a half a man's day's woric. I did not look upon him as having much accountability for violating the rules of the prison. I never punished him. As a general thing he was slow to move, but would mind me in his way. He was stubborn and sulky. I never discovered any intercourse between him and other convicts. His manner then was about the same as now. I never saw much cheerfulness about him. I once tried to instruct him in reading, but with rather poor success. It could not learn him his A B C's. I made the remark that I did not like to have a man in my shop that could not read nor write, but as to him I had failed.

He violated rules of the shop, fbr which I would have been compelled to flog other prisoners, but did not flog him. One reason fbr that was, that I did not think it of any use to flog him. He was an intractable and rather singular sort of a thing, any way. I should think he had a very small degree of intellect or reason. I discovered a change in him while in prison. I don't think him a man that would realise the consequences of killing a per- son. He is a reckless fellow, or brute, as you may choose to call him. He comes OS near a brute as a hmnan being can.

Cross £xAMiNATi02r.-^Had no opportunity of observing hhn except while in the stone shop in the State Prison, except that I saw him in hia cell sometimes on Sunday. I gave him instructions about doing his woric and about the rules of the prison. When at work there were complaints from the blacksmiths that he did not strike right I have told him to do things, and he would go right baek to his old place to woric. He generally obeyed when I told ham to go of an errand, or to get a pidl of water, but not always.

Q. Was he lazy when in prison ?

A. He was rather slow.

Q. Why was it that he did not do over a half a day's work ?

A. His skill and ingenuity as a wcnkman would not warraiit pay fbr more than a half a day's work.

Q. Was he not lasy as well as slow ?

A. I considered him slow, and I guess lazy, too, in his movements.

Q. How did you induce him to obey you ?

A. I talked with him about leaving him in his ceU.

Q. Did he work steadily, altiiough slowly, when in the shop ?

A. Generally he did. I often found him asleep in his cell Sundays, aad' would wake him up. Sleeping in the cell in the day time was against the rules of the prison.

42 iBiwiJiev

Q, Do not colored men frequently -violate tlut role in the State Fki- •on?

A. They are no more likely to violate this rule than others, I think.

Q. You say you think he has a very small degree of intellect or reason. Did you ever make any examination for the purpose of ascertaining the amount of intellect which he has ?

A. I never made any particular efforts to ascertain the depth of his in* tellect I had evidence enough of that before me.

Q. Was he not regarded as a disorderly convict?

A. He was not ugly. He was a pretty peaceable convict He kept snug at his work, and minded the rules as a genmvl thing.

John R Hopkins was next called, and sworn on the part of the prisoner : I reside in Auburn, and have been nearly nine yearn engaged in manufiw- turing. My knowledge of the prisoner commenced with my knowledge of the Fleming murders. When he was lodged in jail, I felt interested to to- quire about his previous history. I had understood he was a man. of very weak intellect, and was desirous to ascertain how that was, from personal inspecttOH. I went to his cell and conversed with him, a week or ten days after committing the murders. I became satisfied that he b a man of very weak intellect, indeed. I endeavored to ascertain what the powers of his memory were ; if he knew me. He said he did not I could not bring it to his memory tiiat he had ever seen me before. [Mr. Hopkins continued and testified substantially as upon the trial for themurder. See post]

William P. Smit^ was next sworn, and testified as follows: I reade in Auburn, and have known the prisoner seventeen or eighteen yeacs ; and ever since he was large enough ,to run about the street I did not know his fiither, yet I knew several of the Freemans. Sidney, the prisoner's uncle, is said to be crazy, and has been ever since he left the prison, six or seven years aga In the fall of 1848 I was foreikian in the carpet factory in the State Prison, and Freeman was one of the hands in that shop. I was toLd by some one there, that Freeman was crazy ; but I never saw any thing in him that made me suppose he was insane. I took him on another tact I con- sidered him a being of very low, degraded intellect ; hardly above a brute, and treated him accordingly. He was a man of very quick passions. He would fiy in a moment at any thing he thought an insult, or that crossed him in any way. I recollect that one day he had a pair of shoes setting on a pile of wood, which he had been greasing ; another man came by, took a stick of wood, and the pile slid, and his shoes felL He to^ a stick of wood, hit him a blow, and he was flogged for it Shoes were nicely done, and by him too. A week or two after that. Freeman got to fighting with ano^er man about the position of a pole of yam in the dye shop. The man reported him to the keeper, and he was flogged for that After he was whipped the second time, he came into the office where I was, crying ; said he had bee»

mudAM WBJamjjx. 48

flogged very sererely ; that a Me had been cut between his ribe, bo thai he could lay the end of his fingers in.

He did not appear to be deaf at the time. He said the flogging pained him 6o in the night that he could not sleep. He wanted I should get Israel. 6. Woo<l, who, he said, could get him out. His capacity was very limited. [Witness further testified, in substance, as upon the traverse. See the trial, post]

Warren T. Wordbn , called and sworn, testified : I saw the prisoner in jail, in April last I went there by invitation of Dr. Lansingh Briggs. Some previous conversation having suggested to me the question whether he was an accountable being, I had some conversation with him. Doctor Fosgate was there at the time, and a great deal of conversation was had tBere. I asked the prisoner about killing the Van Nest family ; I asked him which door he entered. Think he told me both doors. At one time, he said he went in at the front door; and at another, at the back door. I asked him what he said to Van Nest, when he first went to the stove. He said, nothing. I asked him what they said to him. He said Van Nest said to him, " Ji you are going to eat my liver, I will eat yours,** and he then struck him. I asked him where he stabbed Mrs. Van Nest He said out doors. I asked him where he stabbed the old lady. He did not give any answer. I asked bun if it was in the house. He said it was at the gate. I think he answered ^ yes," to the question whether he killed Mrs. Van Nest before he went into the house. I asked him why he went away. He said he hurt his hand. I asEed that several times, and sometimes he said he could not kill any more.

I also asked him why he took the horse. He said he could'nt kill any more ; had hurt his hand. He then asked me what they had sent him to the State Prison for, when he was innocent He showed physical agitation. He trembled and shook, and at first I thought he was going to cry. He did not, however. I told him he stole a horse, and that was the reason why he was imprisoned. He denied it, and said he didn't steal it I was there at the jail a long time. To my questions, he usually answered in the affirm*> tive. I asked him what he was in jail for. He said he didn't know. I asked him if he knew what they were going to do with him. He said, Na I then told him that he would be hung ; that they would hang- him for killing thai family, and asked him again if he did not know it He said, No.

When I told him that he would be hung, he showed no emotion what- ever. I came to the conclusion there that he was incapable of judging be- tween right and wrong.

Cross Examixatiok. — I have not stated all the conversation, nor all he said. I spoke about his wounded wrist, but did not get from him any infor- mation about it It was dressed by Doctor Fosgate, whilst I was there. He did not seem to give very intelligent answers. I thought his feeling waa not acute. He was deaf. He laughed when we hiughed, and said, ^ yes," when we aaked him any thing. Have heard of agitation other than physical ;

44 nn tbio* oi

mentid. I saw mental aviation in bis oonyenation. I am not certain whether he cried. His whole appearance and conyersation was different from that of a sane man. [Witness further testified, in substance, as upon the traverse. See post]

Lyhax Paine, called and sworn on behalf of prisoner, testified : I am a magistrate. On the Saturday previous to the murder, the prisoner came to my office, opened the door, advanced four or five feet, stood half a minute, and then said he wanted a warrant I asked him what he wanted a warrant for. He advanced nearer to me, and I asked him again. He said for the man who put him in the State Prison. I asked then if he had been put in the prison for stealing a horse. He said he didn't steal it I inquired if he had not been tried and convicted. He raid nothing in reply. I then said, ^ Then you want a warrant for perjury ; for swearing false." He said Yes. I told him in order to get a warrant, he must get at the facts. He then appeared tp be in a passion ; said he had been abused, and that he would have satis- faction. I told him I could not give a warrant He stood still and hung down his head ; and then looking up at me, said he must and would have one* He then put his hands in his pocket, took out two shillings, and demanded one. I told him he had better take his money ; go away and attend to his businesBS, or he might get to prison again. I advised him to get some place to work. He said he couldn't, he was so deaf. Said he had been abused at the prison, and was deaf. He left t|ie office in a passion ; slammed the door very hard, but came back in the afternoon. He had the same manner as before ; was very deaf. I beckoned him to come near me. He then sKid he wanted a warrant for the man and woman that sent him to prison, and told me their names--one of which was Mrs. Godfrey. There was not any thing at the time that indicated that he was insane. He acted strange, but I attributed it to deafness and ignorance.

Charles A. Pabsons, called and sworn for prisoner, testified : About a week before the murder, the pijsoner called at the office of Mr. Seward, and asked if it was a lawyer's office. On being told that it was, he said he wanted a warrant ; a warrant for the man that sent him to prison. He said he wanted to get damage. I directed him to a justice's office ; but he did not seem to understand me.

Sally Freeman, the mother of the prisoner, was then called and sworn. She testified as follows : I live in Auburn. William, the prisoner, is twenty- three years of age, or wUl be in September next; was twenty-one when he - came out of the prison. He was in prison five years. I did not see him whilst he was in prison ; after he came out I saw him. I saw a change in him after he came out He was a different boy from what he was when he went there. He was very lively before. I saw nothing different in him, only he seemed to be roiled. Before he went to prison he was always talking and laughing^ When he came out of prison he didn't say any thing, and didn't appear as if he

I

WtLLUM FftsnCAK. 46

knew any thinn;. I havo never seen him laugh since he came out; he smiled once in a while. He has never complained of any body to me.

I have never said any thing to him about his being in prison. I have heard of his tr3ring to get work. I have not seen him since the murder of the Van Nest family, until the opening of this court, when I went to the jail with ]Mr. Morgan, to se^ him. He knew me, or appeared to. I asked him if he was glad to see me. To thia he made no answer. He was deaf; should say he is not in his right mind. Some of his relatives are deranged. His Aunt, Jane Brown, was ; and Sidney Freeman, his uncle, is defangod, and has been twelve years. William smiled when I went into the jail, just as he does now. He did not ask me to come and see him again.

Cross Examinatioit. — ^I am fifty years old, and have three children living. William's aunt was raving craxy; but she never hurt any one. She got well before she died. Sidney Freeman got crazy in the prison. He never hurt any one ; neither of them ever stole any thing when craay. Sidney was put in the prison for stealing. It is said he was put in wrong- fully. William lived with Depuy after he was thirteen or fourteen yean old. I worked out by the week, and he woiked out I saw but litde of him. When he came out of the prison I was at work at Gen. Wood's; I have seen him five or six times, may be a dozen times, since he came out of prison.

James H. Bostwice, called and sworn as a witness for the prisoner, testified m follows : I am a justice of the peace, in Auburn. I have known Freeman by sight, since his infancy. He used to run about our streets like other black boys. He was rather a smart boy. Saw him since he came ont of prison ; the first time was in November last. At another time he came into my office, and asked for a warrant I asked for whom. He said for the persons who had been the means of putting him into the State Prison ; that he had been sent there wrongfully, and wanted pay for hb time. He was deaf, and held his head down. [Witness further testified, in substance, as upon the traverse. See post]

Mary Ann Newark, a witness on behalf of the prisoner, being sworn, testified : I have lived twenty-six years in Auburn. I have known Free- man since he was a little boy. As far as I can remember, he was a smart little boy. Saw him after he came out of the prison, in the winter. It was just before he came to my house. He was in the street, but did not say any thing. I saw no more of him until he came to board with me. I had him to help me carry clothes down into the village. He did not hear yety quick. He would put down his ear and want me to speak louder.

I lived in New Guinea, just south of the village of Auburn. He said he would come to my house, do chores, carry my dothes, saw wood, and not pay money. He proposed it himself. I told him he might come, and he did. He never had any thing to say, only as I would ask him to do things. He always sat, and never would say any thing. He was never in the house

46 nu TBLU. ov

mach. He was at his meals and slept there. He spoke only when I would ask him questions, and then he would answer quick-like, yes, or na He never asked me any questions, only what to da He understood me, and would do what he was told to do. He acted queer, but I thought it might be because he was deaf. He never was in the house much. He made no complaints. He left my house on Thursday evemng, just as the belb wei« ringing for meeting. He said nothing. It was about six o'clock. I did not see him have any thing in his hands or carry any thing with him. I did not look after him. . Had no idea where he was going. He was then perfectly sober. I did not see him again until the officers brought him down to the village.

Deborah Dbpdy sworn, says : I live in the village of Auburn. I knew Freeman before he went to prison. I was well acquainted with him. He was a very smart, playful kd, and very quick to understand. His hearing was as good as any boy's. His disposition was good, as far as I knew. I knew him in company among young folks. Have seen him at balls, parties and rides. He acted as sensibly and smart as any body on such occasionB. He acted very smart His spirits were good. I never heard him read, and believe he could not read.

After he came out of prison I knew him, and talked with him a number of times. I saw a difference in him ; that he did not act as he used Ux He never talked unless spoken to. He couldn't hear. He was deaf. Some- times he would answer me, and sometimes he wouldn't I never knew him to speak of his own accord. He came to my house about every day, or every other day. I cannot tell any thing aboiit his cheerfulness after he came out of prison. He was very dull. When spoken to, he would look up to yon and say nothing. He appeared to be very dull. He didn't go in company after he came ont of prison. He said they ^d not treat him well in prison. I used to talk with him about it I used to ask him what made him appear so dnll. He said he didn't know. He never said whether he stole the horse. I asked him how he lost his hearing. He said they hit him ok his head

WITH A BOARD, AND IT APPEARED AS IP THE SOUND WENT DOWN HIS

THROAT. (See physician's account of his ear, as found on post mortem examination.) I don't think he is in his right mind. He don't act as he used to. He used to talk a great deal before he went to prison, and now he don't seem sensible when you talk to him.

Cross Examination. — I live below the female seminary, near Mr. Ab- bott's. My husband's brother married William's sister. I cannot tell how long I have been married. I don't recollect who married me, nor where. I have been at no balls or rides with Freeman since he came out of prison. I can't tell on what point he has less sense. I think he has not, because he don't act as he used to.

Dr. Levi Hermance, a witness in behalf of the prisoner, being sworn, tes- tified : I saw Freeman the fore part of last winter. He sawed wood for me.

wuuiM nunofAN. 47

He was veiy deaf. I learned from him that he had been to prison, and he said ^ they wouldn't pay hhn." He didn't ask whether he could get pay or not I had no particular impression then that he was out of his head. His conTersation and manner attracted ray attention. I thought it singular. Had a conTersatbn with him about the wood. Saw him on the sidewalk a day or two after. He then spoke of their refusing to pay him. I think he said ** they have sent me to prison, and I wasn't guilty, and they won't pay me." This is aU the conTersation I ever had with him until in the jail. The iihpression made by the two conversations was that he was deranged. [Wit* ness further testified as upon the traverse. See post.]

RoBBRT Freeman, sworn in behalf of prisoner, testified : I am not re- lated to the prisoner. I became acquainted with him eight years ago this summer, at the American Hotel. I was table waiter. He cleaned the knives. He was rather slow, but was a smart boy. He appeared to understand well. He was fond of play, and I had a good many play spells with Imn. He did not appear like the same boy when he came out of prison.

John Dbput, called and sworn, testified as follows : I suspect I married a sister of the prisoner. I have known him thirteen yean. There were ft good many that were smarter than him. He could read some in the spelHng bode, but he had but little learning. He was always lively, active and play- fhl. He played, wrestled and jumped. I recollect before he went to prison, that John Thompson was very smart, and that Freeman could throw him the best way he could fix it. I knew of has going to balk. He was social, lively and very talkative before he went to prison. He was at my house the night MrsL Godfrey's horse was sicken. [Witness further testified in substance as upon the traverse. See post.]

Adam Gray, a witness called and sworn on behalf of the prisoner, testi- fied : I have lived in Auburn eighteen years. I know Freeman. He was a smart boy \ was very active, and had a good deal to say. He is consider- ably changed since he came out <^ prison. He does not appear as lively as before. He lived with me a part of last winter. He used to talk about going away. He said he didn't know people. They seemed strange to him. I have seen him laugh since he came out of prison. He lived with me about two months. Slept in a bed in the chamber. He used to get up nights and come down stwrs. Said it was day-light; he was going to work. I heard him sing in the night and make noises. I couldn't understand what he sung. I have seen him dance in the night when he got up. There seems to be a difference in him since he left prison, as to knowledge.

Cross Examination.— I never saw him drink any ardent spirits while he lived with me. I saw him once when I thought ie had been drinking. He went out one night and was gone two hours. Don't know where he went Said he was going to work when he left me. He was a boy when he went to prison, and a m&n grown when he came out It was night when I heard him dance. Don*t know whether he had been drinking. Some colored

48 TBB TRIAL W .

people dance a good deal, and some do not Before he went to prison be was very active. Since he came out I have talked with him about going to meeting. He laughed at it Sometimes he would go, and sometimes not He would try to read, but I could not make out what he was reading. [Wit> ness further testified in substance as upon die traverse. See post]

Ethan A. Warden, called and sworn as a witness en behalf of prisoner, testified : I have known Freeman fourteen years. He came to live with my father, and afterwards lived w^th me five or six months. We considered him a bright, active boy. He used to play a good deal. We thought he understood readily enough. He used to go to Sabbath school when he lived with me. He could then hear well. We kept him to go of errands, scour knives and forks, and take care of children. Saw him in the prison. He was very deaf. I did not say much to him, but thought something strange had come over him« The next time I saw him was after he came out of prison and a short time before the tragedy at the Lake. I asked him how be did. He made no answer. After the murder of the Van Nest family, I went up to the Lake and saw him in a wagon coming to Auburn. Ailer he got to the jail I asked himif he knew me. He said Yes. They took hun to a cell and put irons on him. He said be recollected being with me. I was at the jail again a few days after. Talked with him about the afiaur at Van Nesf s. He is not as intelligent as he u^ to be. He does not appear to be a man of sound intellect I thought he was but little above the bnites as regards right and wrong. He don't appear to have reason, or power to draw inferences. [Witness further testified in substaoiee as upon the traverse. See post]

Philo H. Pebrt, called and sworn on the part of the prisoner, testified : I have seen the prisoner and tried to converse with him* I heard Mr. Seward make the attempt Mr. S. asked Freeman who the jury were, or what they were. He said he didn't know. Mr. S. asked him what the busi- ness of the jury was. Same answer. He said something about having been in prison five years, and about getting hb pay for it He said something which led me to suppose that he thought the jury a permanent body. I could not come to any satisfactory conclusion in my own mind how far he had any responsibility. My opinion, so far as I have any, is that it seemed to me as if he must have known he was not doing right, but that he had no conception of the enormity of the offence. Did not seem, to have any idea that the result of the trial depended at all on the exertions of his counsel, or evidence. He has scarcely any intellect at aU, as far as I can judge. He has a smile very much indicative of idiocy. [Witness further testified in substance as upon the traverse. See trial.]

Dr. Blakcharb Fosgate sworn, and testified : I am a physician and surgeon. On Monday, the sixteenth day of March, I was called by the jailor to examine the prisoner's arm. I dressed it It had been wounded with a knife. He seemed morose. Sat still and made no c(»nphunt I went up

WILLIAM VESKMAK. 49

to him to examine it and took hold of it He did not stir. He did not know, apparently, that I was there. I asked if his hand pained him ; he made no reply. The wound was in the wrist, immediately in the joint The tendons ' were cutoff; also, the main artery running to the hand. [Witness further testified in substance as upon the traverse. See trial.]

Db. Lansinoh Briggb, called and sworn, testified : I am a physician. Have been physician to State Prison. I have known Freeman eight or ten years. Always supposed him to be a boy of common intelligence for boys of his age and condition. I saw him in the latter part of April. Dr. Foa-, gate and W. T. Worden were present My object was not then to test the condition of his mind. I went upon Dr. Fosgate's invitation ; he was the physician. Dr. Fosgatc procee4ed to dress his hand. I examined the wound on his wrist, and I found he manifested very little sensibility as to pain. Seemed to be insensible to any pain or suffering. Examined his ankle, on which was a heavy chain and iron clasp. Dr. Fosgate asked him if it hurt him. He said no ; said it never had.

Q. What opinion did you form as to his intellect or aecountability ?

Aa I formed no opinion as to his accountability. I came away with the impression on my mind, exceedingly strong, that the boy had beccMne de- mented, from what I had known of him previously and had seen that day. [Witness further testified in substance as upon the traverse. See triaL]

Dr. Charlrs Van Epps, being called and sworn, testified : I reside in Auburn. Have practiced medicine twenty-^ne years; I was acquainted with prisoner since he was a nursing babe. He was as active and sprightly as boys in general. I practiced in his mother's family, but lost recollection of him from the time ho was two or three years old till I saw him in prison. My opinion of the condition of his mind is, that it was dementia, or idiotic derangement In examining him, I found that all the answers to questions we could get were yes or no. The state of his health appeared to be pei^ fertly good. Tried to have him read ; he read like a babe. Would say over something like a part of a prayer, that he might have been learnt in Sabbath school. We tried to have him count He did once count up as far as twenty-eight, but that seemed an accident more than any thing else. The impression on my mind was more strong, because he had an uncle here in town that was deranged.

Cross Examined. — ^I saw him in jail a few days after this court com- menced. I saw him two consecutive days, the middle of the first week of this court The first time I visited him alone, the next with Dr. Pitney, the next with Captain William P. Smith. The conversations occurred at both times. First, I asked him if he knew me. Think he smiled a littie, and granted, and made no other answers Asked him if he felt well. Answer, Yes. Whether they used him well Answer, Yes. Whether he was craay. Answer, No.

Q. On that conversation did you form the opinion that he was demented ? 4

£0 CHBTBIiX OV

A. I formed the opinion then, that hiB intellect was yery small indeed ; I mean his intellectual faculties. Had not sufficient infonnadon then to make up my mind whether he was demented or not I went again ; I tKiny it was the next day. Found his pulse to vary both when sitting and when standing, without any Tariations in his countenance. I asked him if any other person had CTcr advised him to commit the crime. He said No. 1£ any person had hired him to commit the murder. Answer, No. If he had ever told any body he was going to do it ? Answer, Ko. What he was put into the jail for ? Answer, Don't know. Afterwards, seemed to recollect himself, and said ^* horse." Asked him if he thought he would be found out when he committed this act. Answer, Yes. I asked him if he could read* He answered Yes. I then opened the bo^ and gave it to him ; he then mnmbled over some words without meaning. Seemed to be prayer words ; « Jesus Christ," ^*pray," only two words I recollect distinctly hearing him apeak.

Q. Which of all the remarks induced you to make up your mind as to the state of hb mind ?

'A. I made up my mind from his appearance generally, and from all his remarks.

Q. Can you tell me any one thing that he has said that was not entirely rational?

A. I find men in this condition always in the habit of telling the truth, as nearly aa they can recollect; this is one powerful aigument in favor of his insanity. When they have committed de^rate acts they glory in thenk

Q. AVhat are the symptoms of the disease which you think this man hat got?

A. No one patient would probably have all the symptoms of the disease. In dementia, the patient is inclined to be stupid a considerable portion of the time ; but considerably sane and correct on some subjects. If interested, •0 as to arouse their intellect, they will answer correctly ; if not interested sufficiently to arouse or interest them, they will seem simple. If caused by brutal treatment, cidculated to lead to desperate mania, they will commit acts of violence ; if caused by cruel treatment, it would excite revenge, and they would be likely to commit acts of violence, or murder; if from disap- pointment, as of love, &c., if you touch upon those points, it seems to destroy their reasoning faculties. These individuals, like most other insane persons, unless grown entirely idiotic, are easily excited, and become violent in their passions. I don't recollect as I ever saw a demented patient angry. De- mentia is that form of insanity running into idiocy.

Q. What do yon think the cause is in this case ?

A. I should think it originated ftom brutal treatment [Witness further testified in substance as upon the traverse. See trial.]

Rev. Johk M. Austdt, sworn and testified : I reside in Auburn. Am clergyman of the Universalist church ; shall have been here two years in

WILLIAM YEBBMAN. 51

October next. I first knew the piuoner after his confinement in j«iL . Saw him a week or ten days after he was confined in jail, in the latter part of March. Have had seTend interviews with him in jiul ; sometimes alone, sometimes with others. Don't know that I could give a correct narration of all my conversation, not having expected to be called upon.

I put to him a variety of questions about the murder, but many of hit answers were such that I could not understand them. I inquired repeatedly why he killed that family. As soon as that inquiry was put, he would begin to speak about being in State Prison ; and in a very broken and disjointed manner undertook to relate something about being put in prison, wrongfully. His language I could not give at alL I inquired if he thought it right to kill those persons who had no hand in getting him in prison. Only answer I got was something about his being put in prison, &c. He told me he went to see the woman from whom the horse was stolen, and requested pay for hia time in prison. I can't give his language, for that was in a very broken and disjointed manner. Asked him if he thought it was right to kill that innocent child, who could not have injured him. Got no audible reply, but he hung his head, and shook it I got the idea that he couldn't give any intelligent answer. Aaked how he happened to go that particular night. Reply, " I don't know ; the time had come." Inquired why he entered that particular house ; why not some other. Answer, ^ I went along out, and thought I might begin there." Inquired what question Mr. Van Nest put to him, when he first went into the room ? Replied, '* He asked me what I wanted. I uAd him I came in to warm my hands." Inquired if Mr. Van Nest said any thing more. Reply was, " He said, if you eat my liver Til eat your's." Inquired how he became deaf. In a very incoherent reply, I gathered something like this, *^ that stones dropped into my ears." Inquired if he thought he could commit such an act without being punished. He replied, " I didn't think any thing about it" Something was said about work that he had to do ; it was in relation to this killing that he used the term«— that he had work to do. He spoke in such a manner that I couldn't draw any thing definite from it

Q. What is your opinion of his mind ?

A. I consider him in a very strange state. He could not give a reason for his conduct in this afi*air. And also I drew that inference from his re- maik about eating his liver, &c. Judging from what I learned of him, should not consider him of sound mind.

Q. What is your opinion of his intellect ?

A. I consider it very feeble indeed. I should think a child of five or six years of age had as much mind, both intellectually and morally. Hq has a sense of some things at times, and at others, not

Cross Examination. — ^I have felt it my duty to visit the prisoner.

Q. Have you not been active in aiding counsel to prepare a defence ?

A. I have taken about the same interest, probably, that many others have.

52 TUB mAL or

■

Q^ Etaye you not been in irequent cossultation witb his cotniflel as fo the manner of getting np a defence ?

A. I think at first I asked Mr. Seward if the prisoner would be defended, and I think he replied, that he would.

Q. Have you not suggested to Freeman the propriety of his making a defence ?

A. I think I inquired of Freeman if he had any lawyer engaged, and he answered, No. I then inquired of him if he would like to have Governor Seward defend him, but he did not seem to understand what' I meant Af* ter repeating it several times, and using several different phrases, he seemed to comprehend, and answered. Yes. I subsequently stated to Governor S. what he said.

Q. Have you not been about town looking up witnesses ?

A. I have inquired what persons knew about Freeman. Have conversed with several persons, but have never been about particularly for that pur- pose.

Q. Have you preached on the subject ?

A. I don't know that I have.

Q. Have you not preached on the subject, generally ?

A. Never particularly ; never made it a theme of a discourse.

<Q* Have you not preached on moral insanity within six months ?

A. I have not, except to advert to it incidentally, perhaps, in a disoonrse.

Q. Have you not preached on the subject of capital punishment, lately ?

A. Not to nuike that a subject ; but I nuiy have alluded to it ; probably I may have done so.

Q. Have you written, in relation to the murder, for the press ?

A. I have. I wrote an article for a religious paper in Utica, some six or eight weeks since. Some copies of that paper are taken here.

Q. Was it the drift of that article to show that this man ought not to be punished?

A. No, sir.

Q. Was it the drift of it to show that others are more to blame than he ; that he is irresponsible ?

A. I don't know that I sud in those articles that he was irresponsible. I have written in regard to the improprieties of others, in this nuitter, but did not suggest that he was not a fit object for punbhment

Q. Have you written for other papers ?

A. I have, sir. I have written for the Auburn Daily Advertiser.

Q. At any considerable length ?

A. That depends upon our notions of length ; perhaps a column or two.

Q. Was it the object of that article to show that the prisoner was not to blame?

A. I don't know that I have ever observed that he was not to blame.

Q. Was it the object to show that his education had been neglected ?

WILLIAM FKSKMAN. 68

A. Vory likely I may faave said so. I think there is no doubt on that point

Q. Was it asserted, that those who neglected his education were as much to blame as himsdf ?

A. I am not aware of having made such an assertion.

Q. Was it asserted that they were in some degree accountable for his crime?

A. I may have inquired if community were not accountable for the Crimea of those brought up in their midst

Q. Was there a suggestion that the crime was the legitimate effect of the indifference of the community to the colored population ?

A. I think there was, for I do think so, in some measure.

Q. Then you think the community responsible for the crime of Freeman ?

A. My opinion b, that one of the legitimate causes that led to tlus tragical event, b tlio utter neglect shown to the moral, intellectual and religious in* struction of the colored people. [Witness continued in substance as upon the traverse. See post]

HoRAC£ HoTCHKiss, called and sworn, testified as follows : I know the prisoner. I first knew him in the State Prison something over a year ago. I had a class in the Sabbath school in the prison, and he was in my class. I did not have much success in attempting to teach him ; so far as I remember, he knew some letters ; but his knowledge was very slight There seemed to be a want of intelligence and comprehension. I tried to learn him to read. He did not appear to show any indications of learning any thing. He was very dull and stupid. Have seen him since, but have seen no advance in capacity. It was my conviction that he possessed a low intellect [Witness further testified iu substance as upon the traverse.]

Amariah Brigham, called and sworn, testified as follows : I am the Su- perintendent of the State Lunatic Asylum at Utica. I have had a large number of insane persons under my observation and charge at different times. I saw the accused several weeks ago. I think I saw him the first week of the trial of Henry Wyatt, at this place. I have seen him six or seven times since; once alone, when I spent considerable time with him. I then went through an examination similar to tliat which other witnesses have testified they went through with, in order to ascertain the extent of his capacity and the condition of his mental powers. I observed his motions, actions and pe- culiarities whilst trying to ascertain whether he could read or render any account of the transaction for which he is indicted. I tried him in various ways, and by all the means at command, for the purpose of ascertaining the condition of his mental faculties, in respect to sanity.

There are circumstances attending this case that render it somewhat re- markable. He has some mind — some intelligence; and yet the former ia very weak, and the latter very trifling in amount I /isked him about the court, the counsel, the jury, and the trial, to ascertain if he knew what he

54 THX niAL or

was to be tried for ; but I nerer could get from bim a Satinet answer. His answer was sometimes, that he did't know, and sometimes he would say, ^ a horse." I tried to converse with him about his defence. I asked him what he ooald prove in defence of himself. He said they conld prove he was in prison five yean for stealing a horse, and he didn't steal it This he twice repeated, in reply to my questions. I asked, if he was sorry for the act He sometimes said "No," and sometimes^* I don't know," in reply. His words were spoken slowly and somewhat incoherently. I asked him if he were not sorry that he killed that innocent little child, that could not hurt him. Once he said, " I don't know," and once, " you may say that ;" but it was slowly said. He laughed when I asked about the child. I asked him what he was laughing at; if he was not ashamed to laugh. He replied, "I don't know." Ws laugh was not convulsive, but was more than a smile.

Others, in my presence, asked him about pay, and showed him money. I once did the same, and exhibited to him bank bills, silver and gold coin. He seemed to be animated, in some degree, by the sight of money, and smiled with a smile more intelligent than ordinarily. I asked him if the bills exhibi- ted would pay him. When shown a dollar or so, he said No ; but when I offered him the whole, he smiled. I asked him if a dollar a day, which would amount to about one thousand dollars, would satisfy him. He said it would ; and that was his nearest approach to an answer as to what would satisfy him.

I talked with him about the deed charged against him, to ascertain tne state of his feelings. I desired to see if he did not think he was doing wrong. He said he did not ; that he wanted his pay. I tried in various ways to as- eertain if he knew whether the killing of the persons was wrong. He uni- formly answered. No ; but never seemed able to comprehend me. He said he was deaf in both ears. He said his right ear was hurt when he was young, and that made him deaf in that ; the other had been struck with a board BT A MAN IS THE TRisoN, and a Stone was knocked into or out of his ear, which made that ear deaf. Could not understand him exactly, but gathered from him the substance of what I have just stated. He don't hear even if yon speak loud, unless his attention is called to it

My experience among the insane has been very considerable. I suppose few men living have seen so many. I was an officer of the Retreat for the Insane, at Hartford, ten years ; was principal three years. I have had charge of the Asylum at Utica since it was opened. I have visited the largest hos- pitals in this country and in Europe, although I do not consider such infor- mation experience, except in some peculiar cases like that of Hatfield. I asked him questions for the purpose of seeing what sensibility or feeUng he had. I asked if he would be afraid to be hung, or would dislike to be hung. He smiled, and said ** I don't know." I ascertained to my satisfaction that he had no feeling nor concern about it I asked him if he had ever been crazy. He said he ^ent crazy in the prison. I asked him why he became sa He said they struck him on the head, and said he was very crazy. I

WILLIAM f&mUK. 55

asked Iiim if he didn't want to see bis modier, his friends and acquaintances here. To all these he answered, No.

Cboss Examination. — He appeared to have memorj of some things. Memory is sometimes destroyed by insanity, but rarely. Most of the insane remember most things, as well as ever, concerning their past lives. Unless their minds are entirely destroyed, they have some memory of transactions and of their friends. Some insane persons narrate past transactions, and repeat them frequently. I should think that a majority of those now in the Asylum at Ulica have tolerably good memories.

Q. How is this man as to memory ?

A. In many respects I cannot tell, not knowing what was the truth of the matters stated by him. I know he recollected yon, (Mr. V. B.) He knew me.

Q. Was that a circumstance denoting insanity ?

A. I did not consider that a circumstance bearing either way. I should think nine-tenths of the inmates of the Asylum would recollect as much.

Q. Are you confident that he recognized you ?

A. . I feel confident that he recollects my having visited him.

Q. How was his attention ?

A. I should say very dull, indeed.

Q. What do you mean by attention ?

A. Wa observance of the circumstances around him.

Q. Was there any other want of attention than would naturally follow ftDm deafness ?

A. I think there was much more. If I make comparisons it must be with other deaf people.

Q. Are deaf persons attentive ?

A. When alone with an individual they are.

Q. Did he not attend to what you were saying ?

A. He never spoke to me, or asked me any question. He never attended to me at all, or to any other person, unless directly questioned.

Q. Did you not accompany me, on one occasion, to see him ?

A. I recollect you (Mr. V. B.) and I went just before dinner, and were in a great hurry.

Q. Did he wander then from the subject presented?

A. He did not wander from the subject inquired about to another, but my impression was, that his attention is momentary and did not pursue the sub- ject When his attention was called to subjects in which he is much interested, he never paid any further attention to them than to answer, yes or no.

Q. Suppose you should talk to him half an hour ^bout killing those peo- ple in Fleming, would he not attend all the while to yon ?

A. When we asked him to go on and tell all about the transactions, he would only answer the questions put.

Q. What is he about, if not attentive ?

56 ZHI lEUL OV

A. He 18 attentive to one question long enough to give an anawer, and then his attention appears to be gone.

Q. What induces the smile that you mention ?

A. Probably his attention falls off to dreamy imaginings, or something of the kind, and he then smiles. He attends only to questions asked, and then seems to wander.

Q. Did you ask him about his treatment in the State Prison ?

A. I think I did not

Q. Did you afford him an opportunity to relate what he knew ?

A. I tried to have him connect his thoughts, by constant promptings, and to get from him a description of matters, but I always failed. His answers were, yes, or no.

Q. Did that indicate insanity ?

A. There are instances in which sane men talk very freely about such a deed and its enormities.

Q. Would a sane man be inclined to relate the facts of the commission of snch a crime ?

A. If they undertake, they generally give one. I should think a. sane man would cither refuse, altogether, or go on and state them correctly.

Q. Has the prisoner refused at all ?

A. I think he has never shown any unwillingness to answer questions, in his way.

Q. Wliat was the result of your examination, as to his power of comparison ?

A. I would make the same remark as I have in regard to his attention. It is an important faculty, and yet I think it nearly gone.

Q. You say that b an important faculty ?

A. It is, in order to enable a person to judge.

Q. Did he not compare tlie killing of the child with the killing of a man, when he spoke of it

A. He seemed to answer very indifferently. I do not say that he is en- tirely destitute of the power of comparison. I see only feeble evidence of iu In reference to the child, I tliink he manifested some.

Q. Well, Doctor, have you become satisfied about his sanity ?

A. I have not made up my mind decidedly concerning it My effort has been to keep my mind free from bias until I hear all the proof. ,

Q. Have you not formed an opinion ?

A. I have not formed such an opinion as I should choose to state at this stage of the proceedings.

Q. If this man is insane, what is the species of his insanity ?

A. That would involve the same thing as giving an opinion.

Q. Then you have not formed an opinion ?

A. I do not say that I have not formed one, but I desire to keep my mind open until I hear all the case, before expressing it I think it is due to the station I hold to withhold my opinion until I hear the whole testimony. I

wiuum FBaniAH. 67

9pe that publicity is given to every Uung which takes place here, and I wish to do no act that will impair my usefulness.

Q. From the examination you have given this case, if he is insane can you not state the form of his insanity ?

A. I must answer as before. There may be circumstances developed that will change my present impression in regard to him. I must therefore hold my opinion in reserve until I hear all the testimony in the case.

Counsel for the prisoner here rested the examination.

Mr. Shsbwood, the district attorney, then opened the case to the jury on behalf of the people. He dwelt at great length upon the enormity of the crime for which the prisoner was indicted; the certainty of his guilt, and the law as the same existed in Great Britain and America, in relation to insanity. Whilst it was the right of the prisoner's counsel to interpose a plea of pre* sent insanity for the prisoner at the bar, and their right to give the opinions of medical men in evidence, he felt called upon to caution the jury against the extravagant notions upon the subject which many entertained. Whilst he would concede to medical men the benefits of their learning, he could not regard their opinions as controlling, in a case where men of common obser- vation could as well determine a fact. Ue did not regard insanity as a subject that was purely or exclusively medical All persons having a good perception, a sound judgment, and a discerning eye, could in a majority of cases as well determine whether another is insane, as the most expert and experienced physician. In this case, the prisoner has displayed an ingenuity and skill in the manufacture of his weapons for the assault — in selecting the hour and the place for the depredation — in the assassination of the family of Van Nest, and in his flight from the scene made bloody by his hand, that evinced mental power, as well as depravity. Every thing connected with the tragedy indicates the possession of mind then ; and his recollection of the affair, of his imprisonment in the State Prison, his fear of being pun- ished, and his avaricious desire for pay for his imprisonment, indicates its possession now. His health, in all respects, except the wound in his hand ; his shrewdness in selecting persons with whom he most freely converses ; his bright and intelligent eye, faculties of which all can judge, repel the idea of insanity. His (Mr. S.'s) own examination had satisfied him that the plea of insanity in this case was groundless, and had hoped to have avoided the necessity of a protracted examination of witnesses upon a matter that ap- peared to him so plain to the minds of alL The court, however, had seen proper to submit the question to a jury, and it became his duty, therefore, to make such proof as in his judgment would satisfy them of the pri^ner's sanity, and that he ought to be tried. That the prisoner's mind was rude and uncultivated — that he was a dull, grovelling, morose negro, he was pre- pared to admit ; but that he was not a responsible being — ^that he did not know that the massacre of the Van Nest family was wrong, and that he does not feel guilty now, he (Mr. S.) neither believed himself, nor .did the people

S8 WM VEUL OV

Si large for whom he acted. The defisnce of inaanitjr was brought into di»- repute when interposed in such a case. It was dangerous to the pubfic, when baaed only upon the singularity of the prisoner's movements, or die enormity of the orime which he had ocMnmitted. Thai he cannot read, but thinks he can, induces one to think him insane. That he cannot define the Siqireme Being, leads another to think so ; and because another finds him taciturn and unwilling to talk, he comes to the same conclusion. A learned physician does not find his faculties sufficiently actiye, his attention sufficiently profound, or his jcomparison sufficiently good to enable him to venture an opinion that he is sane. Admitting all this, does it not fall fiur short of pro* . Ting insanity or of relieving the prisoner from the consequences of his crime ? Shall such pretences suffice for a defence that shall screen a murderer, and such a murderer, ftom justice ? If so, the responsibility shall rest upon you who are empanelled to decide this momentous question. We shall give you the history of this man, up to the time when he was brought into court to be arraigned ; we will call medical men, lawyers and laymen, as to the state of his mind, to the end that you may have all the facts appertaining to Ins present mental condition. If we show him competent to distinguish between right and wrong, we shall insist that he is legally sane and answerable to the law for the horrid crime of murder.

Nathaniel Lykch, sworn for the people, testified as fiiQows : I reade in Sennett Know the prisoner, and knew him sixteen or seventeen years aga He lived with me a few weeks when he was six or seven years old. I then lived in the east end of the village of Auburn. Hi^ mother wanted me to take him and bring him up. He was then very playful, and ran away every chance he could get Flay appeared to be all he cared for. I found his mother was a drinking woman. He would run away and go home, so I ooncluded not to keep him. Sally Freeman, his mother, is reputed to be part squaw. After Wiltiam left me I saw him but a few times, until last De- eember on the side-walks. I was looking for some one to help drive some cattle, out three or four miles, into town. He had a saw-buck on his arm. In going out, in a sleigh, he told me he had once lived with me. I asked him where he lived ; had forgotten him. Just before getting there I bought a couple of head of cattle, and as there was some dispute about them I took him to see me pay the money. We got the catde together and drove them into the village. He came back in the morning, and worked for me four or five days. I paid him three shillings for helping drive the cattle. He said that would satisfy him. The next day he came up I was absent When I return^ I found him sawing wood. He asked me if I did not want to hire him. I told him I did. Next morning he came very eariy, before daylight I heard him when he came. After he had worked three days and had sawed nearly all my wood, I asked him how much wages he wanted. He said hre shillings a day. I told him I could give only fi>ur; that was all that I paid in the winter. He appeared quite offended. He took twelve shillings,

wiujAK fmsHKAir. 69

ooanted it orer, and said it was right I ibink he worked one day after that, for which I paid him half a doUar. After he left work, he came up one day and aaked if my catde had not got away. He said he saw some cattle in Clarksville, which he thought were mine. That was two or three weeks before he committed the murder. I next saw him the first week in June, in his cell. I went into the cell and asked him if he knew me. He said, Yes. I asked him when he lired with me. He said when he was quite a small

I then aaked him about the mnrder, and who he killed first He said the man. I aaked him who he killed next He said he saw a woman coming in, and he stabbed her. I asked him who he stabbed next He said he saw a person lying on the bed as he tf^me in, and stabbed it I asked him who he stabbed next He said he went up to the head of the stairs, and met a man, and stabbed him. I asked him where. He pointed to his own breast and said, '< Somewhere about here." I asked him what he did then. He said the man threw a candlestick and hit him ; then his feet slipped a little ; the man got the candlestick, hit him again, and he went clear down to the bottom of the stairs. I aaked what he did then. He said he thought he wonld stab him again, but did not know but it was enongh. He said the man got a broom-stick, and that he went into the hall and then he broke his knife. A woman followed him and he stabbed her. He gave a different relation at other times. He said he stabbed the c^d lady with the knife in a club. I asked him how he could kill the little child. He said he thought he would kill all there was in the house. I have not, in what I hare seen, discovered that he is insane. My opinion is, that he is sane, but of weak intellect [Witness further testified as upon the traverse. See post.]

Thomas R. Townsbnd, called and sworn, testified : I was chaplain of the Prison three and a half years ; from '40 to '43. During that time I ' knew the prisoner. My impression ui that he was in Sabbath School. Think his teacher told me his prospect of learning was very small. I had conversations with him. He was usually taciturn ; talked a little ; answered questions readily, and threw the burthen of conversation miunly upon me. Saw him in jail first week oi trial of Wyatt ; had a short conversation with him there, by questions and answers. I asked him but few questions. I discovered a difference, from my previous acquuntance with him. His in* creased deafness, brevity of his answers, not the same freedom of remark as formerly, and some questions he answered in reference to the outrage ; he nswered that he had been unjustly imprisoned.

Cross Examination. — ^My visits were made to the cells in prison. I went in and asked him if he knew me. He said he did. Can't say, but think I inquired whether they had injured him. He said No. Said he wanted hid pay. I found him more deaf and taciturn than before. Don't think he asked me any questbns. [Witness further testified, in substance, as upon the traverse. See post]

60 TBE TRIAL OV

Aaron Demun, called and sworn, testified : I rende in Auburn ; have resided here twenty-three or four years. I know the prisoner. I am an uncle to him, by marriage. He used to make his home with me, before he went to prison, off and on for a year or so. He was rather a wild boy ; would not stay long in a place.

Cboss Examination. — ^I am forty-five, 6th day of December. Prisoner must be a very little over twenty-two years old. He was an active, lively, wild boy ; loved play. He was quick to understand as other boys. When he went to prison he was only about sixteen or seventeen years of age. When he came out oi State Prison he was very hard of hearing, and did not want to talk. [Witness further testified, in substtfnce, as upon the tra- verse. See post]

Israel G. Wood, called and sworn, testified : I live in Auburn. Be- collect the time when Freeman was convicted for larceny, and sent to State Prison. I kept the jail. I have known him from a child. He was not very smart ; about as he is now, with the exception of his being deaf. Be- fore he was convicted, he was in jail four or five months. He never was a great talker, or I never heard him talk a great deal ; would answer questions. He broke a lock, and let himself and another prisoner out. The other one was caught Freeman got away ; was gone two or three days. I found hin at Lyons, in jail, and brought him back. Coming home, I asked him how he got away. He told me he kept to the woods ; came to Ca3ruga lake ; said he got a boat Asked him how he come to cut up such a caper. He feigned himself sick that morning, so that he didn't go out Cried, and said he was sick. I supposed he was. He afterwards said he was not sick. I said I didn't know but he would have to go to State Priscm. ' He said he didnt know but the d — d nigger, John Furman, would swear him into prison. Said John or Jack was the guilty one. I have known him since he came out of prison. I have been a good many times out and in jaiL About a week ago Bostwick was in the j^ when I went there. I asked him how long he was in prison. He said five years. Asked him how long he was in jail. Said four months. I said I discovered no difference from what he was before in jail, except his deafness. I never thought him insane, till this a^ fhir ; that was one object in my going to see him. I could see no difference, only that he was hard of hearing.

Cross Examined. — ^I did all I could, and said all I could, to prevent his being Lynched ; I might have said he ought to have been Lynched, in con- nection with some other conversation. I recollect seeing him before he was Hyq years old ; saw him before he could walk, in neighborhood of Watson's brewery. I can't tell only as I see him around, whether he had any more or less intellect, till he came to jail« Talked with him more than at any other time. Can't tell any conversation with him in jail, only to teU him to go work. Since I knew him, before he went to prison, and while he was in jail, he always held his head down ; never knew him to hold his head up

WILUAU fREEXAM. 61

and look a man in the face. I don't know as I eyer knew him to ask qnes- tion^ ; might have asked about his work. I humored him. He was a good fellow to work. [Witnes further testified in substance as upon the traverse. See trial.]

Thomas F. Mitnroe, called and sworn for the people, testified as follows ; I have resided in Auburn twenty-four years. I knew him when a boy ; was with the constables when he was arrested for stealing the horse. Free- man denied stealing the horse himself. He was then fifteen or sixteen years old. He then had, a down-cast look. He was deaf then, but not so deaf as now. I recollect that he was an ugly boy and threw stones at white boys.

I am the police ofiicer of the village of Auburn. The next morning after the murder I was requested to go to John Depuy's. I asked Depuy where Bin was. He said he had not been seen suice he threatened to kill him. He then asked me what caper Bill had been cutting up. I told him I wanted him for a witness. I told him so that I might not alarm him, and that, if pos- sible, I might arrest the prisoner. I never heard that he was crazy till since the murder. My opinion is I never saw any insanity in him. I think if he is insane most of the negroes in Auburn are.

Cross Examination. — I don't know as I ever said Freeman ought to be Lynched. I have said that if they had hung him, it would have saved the county a great deal of expense. I might have said that it would have been better if he had been hung or killed. That was since the manufacture of craziness in this county.

Q. Have you not said that he ought to have been Lynched ?

A. If I did it was in reference to the course taken by a certain set of men in relation to it.

Q. Have you not said that counsel ought to be tarred and feathered for defending lum ?

A. I might have said they deserved it for the course they have taken in his defence.

Q. Have you not made that or a similar declaration, and that, too, fre- quently ?

A. I probably have said considerable about it, and somebody may have reported me.

Q. I desire an answer to my question if you can favor me ?

A. I can't recollect what I have said. I am opposed to the course pur- sued, because I supposed all the testimony about his derangement was manu- factured. [Witness further testified in substance, as upon the traverse. See post]

Abbtus a. Sabin, called and sworn for the people, testified as follows : I knew the prisoner fifteen years ago. He then lived with Captain Warden. He was a wild boy and would run away. I next knew him in the prison. f was an officer there, in the cooper's shop. I saw Freeman filing in the hame shop. Never heard or said that he waa crasy then. I don't know

68 THB XBIAL Of

that he wae deaf in the priaon. [Witness oontiiraed as upon the travene. See post]

Abraham A. YANOEBHSTbsN, sworn fiir the people, says: I have been acquainted with the prisoner since he was a boy. I arrested him for stealing Mrs. Godfrey's horse. He always insisted that he did not steal the horse. Two or three weeks afterwards the hone was found, and one Jack Furman was arrested. Jack said Bill stole the horse. I saw him in State Prison several times, and have seen him since he came out. I think he «^ pears different from what he did before he went in. It is harder to conyerae with him ; his head hangs down and you have to talk loud. I did not know that he was deaf before. He answers questions put by me. He evaded questions in relation to the murder.

I met him at Baldwinsville, and assisted in bringing him to Auburn under arrest for the murder of the Van Nest family. I asked him how he got his hand cut ; asked twice before he answered He said by stabbing. I, with others, asked him how in the world he eame to oommit such a deed. He said he did'nt want to say any thing about it.

When the room was cleared so that but one person besides myself was with him, I said that he might as well tell me about the matter. I asked him how he came to conunit the murder. He said, "you know there is no law for me." I asked what he meant by that He said, " they ought to pay me." I asked him how he come to kill the child. He said he didn't know it was a child. I then asked him how he left He said he took a horse. I then asked him where he rode the horse. He said he rode to New Guinea. I asked what he did with him. He said the horse fell and he left him there. He would answer questions, but would never lead on. He made no con- fession, except as stated. My opinion is that he is not orazy. [Witness continued in substance as upon the traverse. See poet]

Stephen S. Austin, sworn for the people, testified : I know Freeman. He was a mischievous, cunning kind of a darkey, rather still and down-cast When he was in jail, before he went to State Prison, I did not know that he was deaf. He didn't speak unless spoken to. He would turn up his eye instead of his head. I have seen him in the streets since he came out of prison. I can't see any difference except in color. I think he is of a lighter color than before he went to prison. He has grown. I have seen him se^re- ral times, and it never occurred to me that he was crazy.

Cross Examination. — I heard him answer questions in jail, when W. T. Worden, Esq., was there. He answered questions put to him ; he did not ask any ; he generally answered yes or no. There was this differenoe ; before he went to prison, he asked questions ; in jail, he did not I don't think Bill is a fool. I think he knows as much as either of my dogs. I don't recollect that I ever said he was a fooL I said he was not worth the powder and shot to shoot him. I said, at the time, things that I didn't believe, to keep the mob from killing him.

WILUAX WMJOaUS. 6S

WiixiAM Holmes, sworn for the people, testified : I am a contractor in the State Prison, in the hame shop. Freeman was in our shop ; he worked at filing iron. He was an ordinary workman : fine jobs were put in the hands of other men ; he was in the shop nearly two years ; he generally spoke monosyllables. They learn by comparison, and work by sample laid before them. He had difficulty with James £. Tyler, the keeper. I took occasion to reprimand him. Freeman said that the keeper, was going to whip him, and he had done nothing worthy of confinement He frequently alluded to the fact that ho had not committed the crime ; that he did not want to work ; that he was deriving no benefit from his labor. I have never spoken to him since he left the prison. He always had a down-cast counte- nance, and turned up his eyes when he spoke*

C&oss ExAMUTATiON. — ^I had the entire direction of the hame shop. The wages averaged about twenty-five cents a day. There is a great difierence in men. I inquired why he should conduct so as to occasion himself trouble. He replied, that Tyler was going to whip him; that ne didn't feel disposed to sufi*er punishment when he didn't deserve it I would not swear whether I have heard him use the words ** feel disposed." He said he didn't want to stay there and work for nothing. He said he was accused of stealing a hone ; but he didn't commit the crime. When he was first brought into the prison, I said it was a pity so young a boy should be brought to prison for horse-stealing. He said he didn't commit the act; they swore false against him.

I was at Van Nest's on the day of the prisoner's arrest I made a propo- sition there to leave him to the hands of justice.

Q. Was it not proposed by you to Lynch him ?

A. Kot by me. I proposed to leave him to the law; but there was a proposition to make a different disposition of him.

Q. Was there not great excitement there ? #

A. There was.

Q* Did you not participate in the excitement?

A. Why, I was there, and there was great excitement and indignation at the result of the Wyatt trial.

Q. Did the assemblage pass a resolution to hang the prisoner on the spot ?

A. My son said they had passed a vote to hang him, and the friend who was with me said I had better go and try to stop it

Q. Did you lend your aid to stop it ?

A. I stepped up to a gentleman standing on the steps, who I supposed might have influence, and urged him to put a stop to it He said if I didn't come there to .assist, that I had no business on the ground. He treated me with considerable indignation.

Q. Was the person whom you addressed engaged in the effort to hang the prisoner?

64 THB TRtU. OV

A. He said he came for that puqiose, and meant to see justice done be- fore he went home.

Q. Did you do any thing further toward quieting the excitement ?

A. I told him if any mischief was done to the negro he would place him- self in the same predicament of the negro — amenable to the law ; <^ but," he replied, " we have no law ; we have tried it once ; justice is denied us ; we will take the law into our own hands." I told him I had learned just before I left Auburn, that the judge had determined to call a special court to try Wyatt and this negro.

Q. Was there an effort made at Van Nest's house to lull the prisoner ?

A. When Esquire Bostwick came to the door to take the prisoner out, I asked him to state the fact, to appease the multitude, that a special court would he held. The magistrate stated to the crowd that there was reason to beheve that others were implicated, and perhaps white people. As the pris- oner was led out, there was a cry of " kill the negro ;" " take him away f and a rush was made upon the officers who had him in charge.

Q. Did not this indicate a determination to execute the prisoner, had the crowd been able to have rescued him from the officers ?

A There were a good many respectable persons there, whom I thought were anxious to have him executed on the spot.

Re-Examination. — Q. Did the crowd assign any reasons for doing so, other than those stated ?

A The result of the Wyatt trial was the reason uniformly assigned. It was said that justice had been denied, and the community would not consent to have their wives and children butchered.

Q. Do you know that the defence in Wyatt*s case was insanity ?

A. I do; and the result was, that the jury could not agree. No verdict was brought in.

Q. Has he since been tried ?

A. He has, and has been convicted for murder.

James E. Tyler, sworn for the people, testified : I was a keeper in the hame shop, in the State Prison, and knew Freeman there. He came under my charge in November, 1841. I soon discovered that he didn't do quite as much work as he ought to. I told him he was capable of doing as much work as other men of his size and experience, and he must do a reasonable day's work, and if he did not I should punish him. I talked to him at dif- ferent times, about two months after he came in. Finding that talking did not have the desired effect, I called him up to flog him. Sometimes he said he did all he could, and sometimes he said he was sent there wrongfully. He may have made other excuses.

I called him up and told him I had done talking to him ; I was going to punish him. I told him to take his clothes off. I turned to get the cat, and received a blow on the back part of the head from him. It started me a

WlUllM fEXIKAN. 86

Ettle. As I looked around, KU strack me oto the bttck. I kicked At kSm, and knocked kim partty oyer ; perh]4>s he fell dear down. He jumped up, went acron the shop, took up a knife and came at me. I took up a piece of board lying on the desk, went down and met him. it was a beaswood board, two feet long, fourteen inches wide, and half an inch thick. It was a board one of the con^Kts had laid on my desk, on which was a count of lumber, plaiied on both sides. When I caoK in reach of him, I struck him on the head, flatwise ; split the board, and left a piece in mj hand four inches wide. (See ante, page 20.) He was then approaching me with a knife. I struck him on the wrist and knocked the knifb out of his hand. I struck Inm five or six times across the buttocks with ihe board. I punished him and sent him to his work. I had no further difficulty with him. I struck no other bbw on the head. I think the Uow could not have hurt him. My impres- non is that the bk)w was upon his forehead, but may have been partly on the left side. He worked well after that He held his head down and was rather down-KUwt I never noticed any thing remarkable about his eye. He looked then as he does now. He made but few answers, but answered per- tinently and short I saw him two months ago in jail, and asked him if he knew me» He said he couldn't hear me. He was hard of hearing, but I saw no difierence after he was struck. I think he could not have been hurt by the Mow. I think it struck him on the fore part of his head. I ne^er saw any thing to induce me to think he was insane.

Cross Examii^ atiom. — Ckmvicts do not talk much in the prison. They are required to speak only when spoken to, unless it is necessary to their woik. It was the general conduct of Freeman that induced me to think he was not insane. I didn't ootisider him as intelligent a man as Ihe generali^ of men in the prison. He was not as quick as most men. I noticed no stu- pidity about Mm.

Benjamin Van Keurbn, sworn for the people, testified : I was fiureman in the haine shop while Freeman was there. He filed iron for plating. He. was a middling kind of a workman, not the best, nor the poorest He went into the yard from our shop. The filing requires some judgment, and some practice. I had nd conversation with him, only to give him woik and to take it away. I noticed his manner and appearance. I cannot see nmch difi*erence in his manner. He was partially deaf. I recollect when James £. lyier, the keeper, punished him. He was not more deaf after that, only as deafness grows on a person. I think it grew some on him. I saw Tyler when he split l^e board on Freeman's head. I shouldn't think such a blow injured him. The board was only about two feet long, twelve or fimrteen inches wide, and from a half to three quarters of an inch thick. I think Tyler struck him twice on the hand. I did not see him strike Tyler. I first saw Tyler making for Freeman, with his board. He was seised by con- victs. Tyler told the men to let go of him ; told Freeman to sit down. He sat there an hour or more, and then Tyler punished him. There is a good 6

06 THE TBlkh or '

deal of noise in that shop. The machiitery and bogus make a good deal ef noise. After punishment he behaved a good deal as before. He w&9 some^ times obsdnate. I could not see any difTerence. Have seen him since. I have never surmised that he was crazy.

Cross Examination^ — I never discovered any change in his deafness. I suppose he merely grew deaf. I have seen him in the street since, and sqvoke to lum, but can't say whether he heard me. I think he is a little deaf. I can't say whether he is more deaf than he was when in prison. The last time I heard him speak was when he was in the jaJJ. I did not talk with him. He was asked a question, when he said he was deaf and couldn't hear. Mr. Hohnes spoke to him. He put his hand to his car and said he was so deaf he couldn't hear. Then Holmes spoke very loud. He made the same reply. He would have heard in the State Prison when spoken to as he spoke. My opinion was that he heard the first time and was feigning dea^

Q- Would not such a blow as was struck by Tyler injure an ordinary person, in your opinion ?

A. I should think not

Q. Would not such a blow upon your head, with a board two ^t long, injure you ?

A. A board two feet long, over my head, would only raise the grit a little.

Q. Would it not cause pain in the head ?

A. I dxm't think it would knock my brains out, nor kill me.

Q. Did you ever receive such a blow ?

A. I don't know as I was ever struck over the head with a board of that description ; but I think it would not hurt me at all.

Q. J£ the blow did not cause the deaftiess, do you know what did ?

A. I don't. He was deaf when I first became acquainted with him.

Q. Are you one of the persons present at or near the house of John G. Van Nest, deceased, when the vote was taken to hang the prisoner ?

A. I am..

Q. Did you vote in that assembly, either way ?

A. I don't recollect

Q. Did yon not say he ought to be hung, or use words to tliat effect ? ^, .

A. I was up at the house when the vote was taken to hang him, and I presume I said something. I think very likely I said he ought to be Lynched.

Be-Examikation. — Q. How, and under what circumstances, did you midce that remark ?

Question objected to and overruled.

Q. What were you there for ?

A. I went up there, with others, to see the dead bodies.

Q. Were you excited at seeing the dead bodies ?

WILUAM VBSIMAN. 07

• A. I probably was. They were among the oxwt respectal^e people in the county.

Q. When you said he oogfat to be Lynched, did you think that the pri- soner could not be brought to punishment in the ordinary way ?

A. I did.

Q. Was there any other reason for saying so ?

A. There was.

Q* Had you other reasons besides seeing the dead bodies and being ex* cited?

A. Yes.

Q. What was your reason for thinking that Freeman heard when in jail ?

Ai His manner of treating what Mr. Holmes and myself said.

Q. Was the ceU dark?

A. It was rather dark ; there was light enougL It was light enough to see Hobnes' lips.

Cross Examination.— Hohnes and myself both talked some when we were in the jail. »

Q. In what tone of voice did yon speak ?

A. We spoke low, and the prisoner laughed.

Q. Did he laugh aloud, or only smile ?

A, He laughed out so that we could hear him.

Q. Was that all there was in his manner that indicated that he heard you?

A. That wa^ all there was in his manner.

Re-Direct Examination. — We conversed together in his presence about Freeman.

Q. What did you and Holmes say ?

OJjjected to but allowed.

A. Holmes said to me, after speaking loud, ^^ Bill begins to look old, doesn*t he ?** I told him his beard was long ; that he hadn't been shaved since he had been there. Bill laughed out so that we heard it Holmes said, " Bill, you are a hard case.** He laughed at that That was all that was said.

. Q. How far were you from the prisoner when you and Holmes nuuie t nose remarks ?

A. It was eight or ten feet

David Mills, sworn for the people, testified : I was foreman in the dye shop when Freeman was in the State Prison. I knew him there. He car- ried off yam to the shop ; was a good boy to work, but was partially deaf. I have noticed his expressions to-day. I don't discover any material alterar tion in his countenance. He looks paler than he did. I never discovered any thing that indicated insanity. [Witness further, testified in substance as upon the traverse. See post] Lewis Markham, sworn for the people, testified: I reside in Aubunii

66 m miL ov

and iMwe known Ui^ ]>riMmer since he was a lad. I knew him in die pnion when I was relief keeper in the spinning and cabinet shops. I hare had no conrersation with hna since he came oat. I do not discoTer any change in his coantenanee or appearance.

Asa Spekgeb, sworn for the people, testified : I neyer saw the prisoner until I saw him in court Heard a conTersataon between YanderhcTden and Depuy, when Freeman was arrested and brought into town. The ques- tion was asked, whether the j would make Freeman out to be insane. De* puy said he was no more insane than he was, but said he was ugly. Bepuy said Bill would do weU enough if they wouldn't give him liquor ; that liquor would make him ng^y and craiy.

Dr. David Dimon, sworn for the people, testified as fbllows: I am a physician, and reside in Auburn. I have seen the prisoner in the jail several dmes. I went the first time to gratify my curiosity, but subsequently I went at request, for the purpose of ascertaining the state of his mind. I have ▼inted him some half a dozen times. Sometimes I remained there fifteen minutes ; at other timel half an hour or an hour. The first tame I saw him was the first week after his arrest I saw him in the early part of this month, and have been there within ten days past I have talked with him about the eyents of his past life, and particulariy about the murder. The conver- sation was conducted by questions and answers. From the examination of the prisoner I cocdd not discover any thing which I should call insanity.

Cross Examination.— Q. What would you call insanity, Doctor ?

A. Some derangement of the intellectual faculties, or of the passions, either general or partial.

Q. What do you call a derangement ?

A. An alteration fitmi a natural or healthy state.

Q. What do you call the intellectual faculties?

A. The faculties by which we reason, compare and judge.

Q. What do you call the affections and passions ?

A. Th«y are called the motiye powers, or faculties.

Q. What are the^intellectual faculties?

A. Comparison, judgment, reflection.

Q. What is comparison ? ^

A. By comparison we compare two or more things with each otl^r.

Q. What is judgment?

A. Judgment enables us to choose between two or more things, after comparison has done its work.

Q. What is reflection?

A. Hie comparison and judgment bestowed upon a subject .

Q. Where do you find this faculty of judgment described ?

A. I haye not giyen it firom any author which I can name.

Q. Is there any such faculty as the will ?

A. I don*t know as the will could hardly be called a fiieuhy.

WBUAX nSBEAN. 89

Q. WhAtiflit?

A. The will is a power ; a detoiminadon of die nund to do Mttielluig. I wiflh to avoid going into a meti4)liywal discosBion.

Q. What kind of a power is the will, physical or mental?

A. It belongs to the mental powers.

Q. What is the difference between the mental powers and the intdlec- toal faculties ?

A. I don't make any difference.

Q. Then yon do call the will an inteUectoal faculty?

A. It does belong to the fiusulties of the mind. I don't think it is very properly called a faculty ; a good many things go to make up the wilL

Q. Where does it operate from ?

A. I should be glad to avoid any metaphyseal discussion about the wiU. I am not now prepared to go into it The will is an operation of lire mind. If the passions and affections are in action, they determine the individual U) do something, and that is called the wilL

Q. Is the will passive, then ?

A. I cannot say that it is passive. I should call it active. The intellect directs the determination to do something ; and that determination is the wilL

Q. But what part do the pasaiona perform ?

A. The will is an operation of the mind ; the pasaiona and affectiona de- termine the act. The will is the result

Q. What has jud^ent to do with the will?

A. It directs the wilL It takes both the judgment and the will to choose.

Q. What is reason ?

A. Reason is an exercise of the intellectual facultiea.

Q. Is reason a &culfy of the mind ?

A. I should not call it a faculty. It embraces several facultiea — memory, comparison, judgment, and some others, aU form the reason.

Q. Have you any experience in the treatment of the insane ?

A. I have not I have seen many in the Alma House at Philadelphia.

Q. Have you seen persons that you would not know to be insane finom observation ?

A. Yes, and I have seen those that I should know to be insane, withont lining told.

Q. Have you ever been called upon before to determine a question of insanity?

A. I never have been except in this instance.

Q. Did yon ever discover insanity in any one who was not befiure known to be insane ?

A. I think I can say that I have.

Q. Where?

A. In the State Prison ; a convict

Q. What was his name?

70 nOE TRIAL OF

A. I do not know his name.

Q. When did you make that diflcOTeiy ?

A. Some two or three years ago, when my brother was the physician there. I went in with him to ascertain whether a convict was insane.

Q. Then you had been told of the case before you went ?

A. My brother had told me of the case, and wanted me to see whether he was sane or insane.

Q. How did you find him ?

A. I found him insane — general insanity. The only question was, whether he was feigning it.

Q. What was the species of that insanity ?

A. I can give no further account of it except thi^ it was a case of general insanity.

Q. What was the result of that case ?

A. I noTor heard of him afterwards.

Q. Have you ever treated a case of insanity professionally ?

A. I have not. I have seen cases of melancholy which I have treated as the first stage of insanity'.

Q. How does melancholy affect the mind ?

A. It affects the disposition, conduct and habits, but does not necessarily derange the intellectual faculties.

Q. Do you consider melancholy insanity ?

A. I should regard any 8tat€ of melancholy an incipient stage of insanity.

Q. Is not the mind more or less diseased in a case of settled melancholy ?

A. The mind is diseased, yet some people compare, judge, recollect and imagine well, notwithstanding.

Q. Will they not do all things that a sane person will do ?

A. Yes.

Q. How, then, do you recognize it as insanity ?

A. Because insanity frequently commences sa

Q. Did you say to Doctors Briggs and Fosgate, after visiting the prisoner in the jail, that you now thought him insane ?

A. I never did say so to either of them. I have had but one opinion about the prisoner's sanity.

Q. Are all the prisoner's intellectual faculties in order ?

A. All that he possesses. I cannot discover that any of them are deranged.

Q. Do you believe in an insanity that disturbs the moral powers or faculties ?

A. Yes; and without any appreciable disturbance of the other faculties.

Q. Then you admit that moral insanity may exist ?

A. I admit the principle of moral insanity as a disease of the brain.

Q. Are Freeman's moral powers in a healthful state ?

A. I suppose that they are as they were by nature ; that is my opinion now.

WIUIAM WKKtaus. 71

Q. Do you believe ius passions and feelings to be in all respects healthy ?

A. I think they are not diseased. I presume he is more depraved than he was; that it has grown with his growth and strengthened with his strength.

Q. Please to state your grounds for ihat conclusion ?

A. I made two inquiries; first, whether he is in possession of reason; seoondly, whether that reason is impaired by some partial insanity.

Q. What physical appearance would you look to ?

A. In the maniac there is a wild, glassy expression of the eye, and gene- rally a paleness. There are expressions and looks which persons of expe- rience can detect

Q. Have you ever visited the Asylum at Udca?

A. I have not.

Q. Do maniacs smile ?

A. They do. The smile of the maniac is very peculiar and unmeaning.

Q. Is not the smile of the prisoner peculiar?

A. It is somewhat so.

Q. What is the degree of the prisoner's intelligence ?

A. It is small even for a negro. It is difficult to tell the degree of his in- tellect., he is so very ignorant

Q* Can you compare it to any thing ?

A. I should think he had not as much intellect as an ordinary child of fourteen years of age. In some respects he would hardly compare with children three or four years.

Q. With a child of what age would you compare him in respect to knowledge ?

A. His knowledge would compare with a child three or four years old.

Re-Examination. — Q. Have you any doubt now as to his sanity ?

A. No. Some things have come up on this trial that appeared singuUr, yet they have been explained by subsequent testimony.

Q. Do you mean to say that his mind b as a child, or that his informa- tion is only like that of a child ?

A. I mean to say that upon some subjects his information is as limited sa that of a child. It is impossible for me to compare the native strength of his intellect with a child of any age.

Silas Baker, sworn for the people, testified : I am keeper in the carpet shop in the State Prison. Have known the prisoner since August, 1S43. He was employed in the dye house pretty much all the time whilst in prison, af- ter I first knew him. His general conduct was goo<l. I don't discover any perceptible alteration in hhn. He had some peculiarities in rolling his eye and carrjing his head, as he now does. When in the prison I conversed with him about the prison and the rules to be observed there. I had occa- sion to punish him twice, once for striking another convict with a club. On asking him why he did it, he said, he would not have the convict meddle

72 nanxAJLor

wilfa his thiagi. It ^>pean iJiat be liad greased e pair of boolB, end ene Aikin« in moTing wood oa which they were placed, had knocked diem down. I poniflhed him end he promised to do better. The other punishment was for something growing oat of the hanging out some yam. I never discovered any thing that I supposed to be insanity, except his di^posLdoa to seek revenge for some fancied or real injury. He never sought revenge, as I know of, except on those two occaaioDs. [Witness farther testified as vpon the traverse. See triaL]

JosBPH MoBBifl, sworn, testified : I am a blacksmith, in Auburn. About a week before the murders Freeman came to my shop and asked me if I could make him a knife, t asked what kind of a knife he wanted made. He picked up an iron and tried to describe it I then deseribed to him a stick- ing knife for killing hogs, with an edge on both sides. He said Uiat was not what he wanted. I then told him to whittle out a pattern. He went out and came back in fifteen or twenty minutes with a pattern, (being the one here produced.) I inquired what he wanted the knife for. He asked wliai I should chaige for it I asked him if he wanted it made of cast steeL He sai4 yes, he wanted it made out of good cast steel. I told him I should charge him four shillingB. He said he thought I could afford to do it fi>r two shil-* lings. I then asked him what he was going to do with it He made no re- ply. I then said, "you are going to kill some body, ain't you?" He said it

WA0 KONX OF MT BUSINESS, SO LOKO AS I GOT MT PAT FOB IT. He

asked me again if I couldn't make it for two shillings. He said that was enough. I told him I shouldn't make it short of four, and he said he would give me the four if I would grind it and put a handle on it Isaid I couldn't do that, and he went away, but came again on the Saturday following. I was busy, and I don't know as I then spoke to him. I did not make the knife. I discovered nothing that made me think be was craxy. He ap- peared to be deaf, and it was very difficult to make him hear. I thought him keener than many men about making a bargain. He left the pattern at my shop.

. Cboss Examination. Witness says : He came to my shop between two and four o'clock in the afternoon. Don't recollect how the conversation began. He did not call me by name, but asked, «' can you make a knife ?" I found he was deaf, and I talked loud to him— louder than I now da When I asked what kind of a knife he wanted, he tried to describe it out with his fingers, and showed me that he wanted one with two edges. He picked up a piece of iron and tried to describe it on that I told him he had better go to the carpenter's shop and whittle it out He went, and after being gone about half an hour he came back with his model. I asked four shillings for making such a knife. He said he thought I could afibrd to make it for two. I told him I couldn't He said he would give me four if I would put a , handle on and grind it, which I refused to do.

His reply was, iriien I asked him'if he wasn't going to kill some body with

wiuJAM nuHMAir. 78

tlie kaife, tlisl, ^ Ift^s aoae of your budness if yea get your >ay te it" Om Sfttiirday be stayed tb^ne half an boor, bat (udd Botbing to any body. On Tbnnday be was there an hoar I aboold think. I asked a man by the name of Smith, who was in thei«, if he knew him. He said he didnt

B^^ExAMMXATVOf, When I asked him if be wasn't going to kill some body, I was joking. I ^d not suppose he was in factgcnng to kill anybody.

Gbobob W. Htatt, twom for the pe(^, testified as fdlows: I am » bbcksmith, and IWe in Auburn. I saw Freeman, for the first time, on Mon* day of the vreek when the murders were committed. He came to my shop. My joumeymaa informed me that the prisoner wanted a knife. I then went to my desk and took out three or four, which I showed him. He selected one and aaked what I charged for it I told him two and dxpence or three ahiliings. He asked if I wouldn't let him have it fi)r one and sixpence. I told him I could not aiToird it, but finally let him have it for that price. At bis lequest I finaOy put on a handle. The knife nowin court is that knife. X helped ham grind the knife. The next time I saw him it was at the coio- ner^ inquest at Van Nest^s. The notch was not broken out at the time. I discoTcred no insanity in him then.

, Cross Examikation. He came to my shop at nine or ten o'clock in the nomiug. The knife bought by him was made out of a file. He appeared to be hard of hearing. I did not know him, but si^posed he was a poorman with a lamily ; and I let him him hare the knile at that price, and put a handle on it, as a matter of charity. He handed me twenty-five cents when be paid me. On the same day, in the afternoon, he was in my shop and wanted a rivet put in a jack-knife. He then aaked what I would chaige. I told him dx'pence. He said that was too much ; three was enough. I tdd him I would make the rivet, and he might put it in. He might have been there twenty minutes at that tiaoie. He paid me three cents, said nothing ■KMPe, and walked out I have seen the prisoner in jaiL Saw him three or four weeks afterwards. I went to the grates and undertook to converse with hisB, but he took no notice of me. I spoke again and beckoned to him. He leaned forward and said he was deaf and couldn't hear. I tried two or three tiflMs to make him notice me, and asked him if he knew me. He said he couldn't hear. He looked downcast

BoBBRT Simpson, sworn for the people, testified: The prisoner came to my chair and turning shop a day or two previous to the murders. He had a laige butdier knile with him when he came the first time. The day after he came again. He than had a large hickory club or cane, three ot tiuree and a half feet in lenglh. The knife produced is the knife he had the first day. He aaked me to grind the knife. I tokl him I hadn't tune, but I would put the belt on the wheel and he might grind it I did so and noticed how he ground it He then went up to ^e bench and whetted it He then laid down three cents on the bench, which he took from his wallet, and went out with the knife. Hie knife was ground edging both ways. He came again

74 TRK TEIAL Of

to the shop the following morning. He went across the shop itnd took tip a bit I nodded assent, and he went to boring a hole in the end of his hickory club. He placed the stick in a vice, and #as engaged in boring it ten or fifteen minutes. When he was boring it his face was towards me ; when he was fitting it his back was towards me. I asked no questions, nor did I see what he was fitting into the stick. He was there flnom ten to thirty minutes. I think it was the day previous to the murder, but it might have been the se- cond day morning before. I saw nothing only the club. The second day he bored the club with a longer bit He then worked at fitting somethii^ ijoto it, and then went out, after which I saw notMng more of him. I saw no in- sanity in him.

Cross Examination. — ^I had seen the prisoner before that time, but had no acquaintance with him. Mary Ahn Newark's dwelling was bnt a short distance off; not to exceed eighty or a hundred rods. Freeman came to the shop the first time just before dinner. It was after dinner when I saw him. After he whet the knife I took it I handed it to him ag^, when he laid it down ; took out his wallet, and from it took three cents which he laid down on the bench.

Harry Lamkin was then sworn for the people, and testified : I keep a tavern in Port Byron in this county. About a fortnight before the Van Nest murders the prisoner camo to my house with three other black fellows, on Sunday ; one of them was called Dick. They drove up, put their horses under my shed, came in, and Freeman called for four glasses of beer, which they drank. Soon after this Dick asked Freeman if he had paid. He said he had. Freemui then gave the white man a shilling for bringing up the horses. They then left I have also seen the prisoner since he has been in jail. When at my house he appeared to be in conversation with the rest of his company, although he did not talk as much as the others. He did not act crazy. I saw no evidence of insanity in him then, any more than I now see in the people around here.

Cross Examination. — The prisoner was in my bar-room an hour and a half. When they were about to go, he said, " boys, I guess we had better go home.*' I don't remember any thing else that he said. The darkies were talking together. I did not suppose any of them were deaf. I didn't see any crazy actions.

Q. What would you consider crazy actions ?

A. I should consider a man clawing aronnd, acting simple, and asking a great many questions, and laughing at foolish things, crazy.

Q. Have you ever seen any crazy persons ?

A. I saw a man by the name of Owen Bazee, near Sherwood's Comers, and have seen fellows on the canal kind o'crazy.

Q. Did you ever see a crazy person who did not talk at all ?

A. I never did.

Q. I understand you to say Freeman talked bat little when at your house ?

WI£UAU TBBSKiN. 75

A. He did not talk as uracb as the rest I reeoUected of hk saying, << boys, I guess we had better go home."

Q. Do you recollect of his proposing any thing else that day ?

A. I don't, only when he called for beer he said, ^^ give us some beer."

Q. Do you pretend to say that he paid for the beer ?

A. I won't say certainly that he paid for it, but I suppose he did.

Alvah Fuller, called and sworn for the people, testified as follows : I live in Auburn and know the prisoner ; have seen him since he has been confined in jail. I saw him in this court house in February last, during the time of Wyatf s trial He was standing on the seat yonder in the comer, when I saw him. I told him to get off the seat which he was standing on. He didn't get down. I then took him off and shook him. I saw him on the seat with his feet more than once. I should think I saw him in the court room two or three days running. I was then assisting the shen!ff at the jail and at the court house. About the middle of March the prisoner was brought to the jail for the murd^^. I talked with him, but he only answered such questions as I put to him. He sometunes asked me for tobacco. He seemed to hear at one time better than at others. He eat well in jail. He never complained about sleeping. £Gs health appeared to be good. I don't see any difference in him from the time I first saw him till now. I noticed that he did not answer people who came there to see him as readily as he did me. I never myself thought him insane.

Cross Examikatiok. — He once told me that his wrist pained him. He had a cut on his wrist The night after he was brought to the jail I went in and asked him if he wanted blankets. He said yes. I took him in some. He appeared deaf. I took in his breakfast the next morning and asked him if he wanted something to eat He then said yes. Once he spoke and stud ihwe wasn't any water in the cup. Two or three days after he was brought to the jail he complained again of his wrist, and said the bandage was light I asked if his wrist p&ined him. He said it was a little sore. He said the doctors told him that the irons were so heavy that they might make a sore, and he might hare his leg taken off, and that it might kill him. I asked him if he was afraid to die. He said he wanted to live a little longer.

Daniel Andrub, called for the people, and being sworn, testified: I reside in Auburn, and have about thirteen yean. I am a counsellor at law, and am in practice here. I have known the prisoner since he lived with Cadwell. He drove CadweU's team. Cadwell was the agent of Van Buren, 'Coming k Co., for whom I did business in those days. The boy once drove team to plough my garden. He also drew wood for me. After he^was dis- charged from the State Prison he came to my office. I asked him if he wanted any thing. He said. No ; that he only came to see me. I asked him how he fared while in prison. He said sometimes very well ; but sometimes he had bad meat to eat He complained of the keepers, and said they abused him very much ; that they whipped him when he didn't deserve it

76 TBM «BUL or

He tken asked me if I had taj work ftr kut to d& Daring the' triii of Henry Wyatt for murder, I saw him in the court hoaae seyeral times. Sometimefl he was in one part of the house imd sometimes in another. Some part of the dme he was in the second row of seats. I saw him here several dayn. Bobert Freeman, a colored man, living with me, was here with him several days. He was a pretty hard boy when he lived at Cadr well's. He was rather small, bat was pretty good at his baflinesB when actr iilg under directions. I see no difference in him oidy in his size and lus deafiiess. He carries his head on one side. I see no difference in his eye. I have not seen any thing in htm to induce me to believe that he is ,

Cbosb ExAXiNATioir.— He was an active boy when he woiked for me. When he ploughed for me be only drr^e the horses; I held the plough. I presume I told him how to drive tlie hones. He ploagfaed for me about an hour. He was a sprighdy, but a hard boy, and sometimes quarrelsome. I have had but little chance to form an opinion of his capacity since he came from prison, but in what I have seen of htm, I discovered no cfaai^;e.

WAI.TBB Gr. Simpson, called and sworn for tbe people, testified : I re- side in Auburn and know the prisoner. I knew him when he lived at Cad- well's. He was rather a ringular boy in many reelects. He had a siDgular cast of countenance and singular expression with hb eyes. [Witness fiir^ tfaer testified in substance as upon the traverse. See trial]

Gborgb B. Cbass, sworn for the people, teslafied : I reside in AubufA and know the prisoner. I had a contract with the State for convict labor in the business of cutting stone, when he was in the prison, and he was one of my men part of the time. In 1842 he worked at blowing and striking* That woric he could do well enough, when he had a mind to. He was not air ways of a mind to do well, however. He scmetunes helped load and unload atone. He generally behaved weD, although he' would sometimes get careless, and the blacksmith would comfJain to Mr. Green, the keeper of the shop, who would often threaten to punish him. I would intercede for him and beg him off. Did so several times. I never heard him called crazy, nor nerer saw any thing that made me think him crasy. I have seen him in jailf and have noticed him in court, and do not perceive any change in him.

Nathaniel Hebset, sworn for the people, testified : I live in Auburn. I got aoquiunted with the prisoner nine yean ago. Have seen him about the village since his release from the State Prison. I saw him the day be- fore the Van Nest family was murdered. I saw three knives in his possea- mon about a week before the murders, a laige butcher knife ground — also an old butcher — ^also a straight knife. Had diem done up in a paper. He ahowed me the new one. I had some conversation witb him. John De Puy was in the grocery. Freeman heard him say something about him, when he called me out of doors, where he said tome thai he'd been round where they

wiiiiiuif funcAK. 77

verelalidixg about lum. HiBtrislMdl^y would let him alone. Heiaadke wanted to get some liquor, but John had been telling folka not to give it to him. He laid he meant to kill John"" because he took his money away from him, and woddn't let him have it He «nd when he was at work at Fort Bynm John went down to get his money, and he had to let him have it He said when he did work John took hla wages up, and would not let him have any. He tokl m^ that he had found Van Nesf s SoXka. I asked him who they were. He said the widow woman that put him into prison. He ' nid he meant to kill her because she put him into priaon wrongfuUy. I did -not tell John what he said.

Q. Why didn*t yon mention it?

Objected to. The court decided that the witness is at liberty to answer it or not, as he chooses.

A. I did mention it the same night to Mr. Stephen Titus, who keeps a boarding house iatown. I told him about it a week before the murders.

Cxoss ExAMnrATioy. The prisoner was a livdy, smart boy. He did not talk a great deal. He laughed and played when he had any body to play with. He was good natured, quick to understand. He talked right off, like other folks. I hare not the least idea he was underwitted. He ^&ln't hear as well when he came out of prison as betoe he went, but q>- peared to undntta&d when he did hear. He said he lost his hearing by their rapping him on the head.

Pbtbb W. WiLUAMaoN, swcHrn for the people, testified : I resided in Fleming at the time the Van Nest family were murdered. I was at the house of John 6. Yan Nest from five or six o^lock until half past nine o'clock on the evening of Thursday, the twelfUi day of March, being the night whoi the murders were committed. When I went there Mrs. Yan Nest and Mrs. Wyekoff were gone out a visiting. Mr. Yan Nest, Yan Arsdale, Miss Hobnes and the three children were at home. Mrs. Wyekoff and Mrs. Yan Nest came home soon, and all had left the room when I left except Yan Nest and Yan Arsdale. All the rest had retired, for tiie night except Mrs. Yan Nest, who had gone through the back kitchen out the door. It was aibont half past nine o'clock i^en I left there for home. When about a hun- dred rods fiom the house I heard the dog bark, and some one halloo, w shriek. I went on fifteen or twenty rods further, when I heard, as I sup- posed, four or five voices shrieking. I then made my way home as fast aa I ooidd convenientiy walk. When I got a little north of the Sand Beach meeting house, I heard some one coming behind me on horseback. When he passed me his left leg brushed my right arm. It was a negro on horse- back. When he got a rod or two past me I reeogniced the horse, by his gait, as belonging to Mrs. Wyekoff I saw smnething hanging on his leftside wUch I supposed to be a okb. I supposed he had a Webster coat on, gray or of some lightish oolor. Hiere was a brigl^ moon-Iigfat when he passed me. I wasthendMiitahalfamileftvnnhome. After the negro passed me

78 THs TsiAL or

the thought occorred that he had been there and stolen the horse. When I arriyed home I mentioned what I had seen, and what I mistrusted had tft- ken place, and concluded to get up my horse and ride over and notify Mr. Van Nest of the circumstance. I did so, and as I approached the house I saw a Ught at the front gate, from which I inferred that they were already apprized of the matter. As I advanced nearer to the light, I saw a Mr. Parmer and the muzzle of a rifle pointed at me. He, however, recognized me before I did him, and inquired of me how I had learned the news so soon. I told him I had heard no news, but that suspicion had drawn me there. He then told me that Van Nest and his wife were killed, and the family stabbed. [Witness further testified in substance, as upon the tra- verse. See the trial for murder.]

Edwin Tuttle, sworn for the people, testified : I know the prisoner by aght 8aw him in Brown's grocery the day the murder was comndtted. He bought some soap there. He ai^ed for and got three cents worth of soap. He gave me a six-pence ; I returned him the change. I noticed nothing in- dicating insanity.

James Amos, sworn fbr the people, testified : I reside in Oswego County. I saw the prisoner on the thirteenth of March last, about two o'clock in the afternoon, at Pennell's Mills. When I first saw him he was coming out of Gregg's tavern, and was going towards the shed. By the time I got there, he was coming out of the shed with a light gray mare, with a sursingle and blanket on. He asked me if I wanted to trade horses. I answered no. He asked if I wanted to buy one. I replied in the negative, and he said no more to me then. He offered to sell him for eighty dollars to Mr. Coming. [Witness further testified in substance as upon the traverse. See his tes- timony.]

Dr. Leandeb B. Biqelow, sworn for the people, testified as follows: I am a physician and surgeon, and at present I am physician and surgeon to- the State Prison, at Auburn. I knew the Freeman family, but have no dis- tinct recollection of the prisoner, until 1845. He visited the hospital but twice whilst I had charge of it I recollect that in February, 1845, he camo to the prison hospital, and complained to me of ear ache. He was prescribed for and he left. He came in again in July, and complained of costiveness. I gave him a cathartic and he left;. These were the only times he com* plained of illness to me. I went to the prison in January, 1844, and left in September, 1846. I have no distinct recollection of his appearance, but re- member that he was deaf Since he has been in the jail I have visited hinif at request, several times, in company with others. When others were pre- sent, he seemed confused, and I consequently visited him alone. I examined him with care, and at considerable length, committing my questions and his answers to writing. The first visit I made him, for this purpose, was in the evening of the twenty-fourth day of June. [Witness further testified at very great length, detailing minutely the questions put, and the answers give%

WIJAUM VBBEMAN. 79

the st«te of bis poLje, bis general bealib, ad apoa the traverse, and conclu* ding with the opinion, that the prisoner is a ^* dull, morose, depraved, de- graded negro, but not insane.'' See the trial.]

Pr. Jbdediah Darbow, sworn for the people, testified: I am a physi- cian, and have been forty-four years. For ten or twelve years my principal attention was diverted from: my profession. After being subpcenaed to at- tend on this trial, I visited Freeman in his cell, to fonn an (^>inion as to his aanenesB of mind. I asked him a number of questions and received answers. Was in the ceU from twenty to thirty minutes. Doctors Bigelow and Hyde were present at the time, and as they proposed to me that I should ask ques- tions, I was engaged in talking nearly all the time I was. there. I discovered nothing that looked to me like a shade of insanity. [Witness further testi- fied as upon the traverse. See trial.]

Dr. Sylvester Willard, sworn for the people, testified : I have prac- ticed medicine twenty<^roe years. I have been six or eight times to see the prisoner in the jail. I engaged his attention, and requested him to tell me all about the matter for which he was imprisoned. I began by saying, " BUI did you kiU them ?" He answered, ^* yes.*' I asked, ^^ what did you kill them with ?" He said, '' well, I killed them with a butcher knife." I aaked, *^ where did yon get your knife ?" He said, " why, I bought it — I bought two." I asked, " what did you give for them ?" He said, *^ I gave one and six-pence for one." (I don't remember as to the other.) I asked him what he did with his knife after he bought it. He said a man helped him to grind it. [Witness testified at great length, detailing the particulars of his examination and concluding with an opinion that the prisoner is nol insane, in substance as upon the traverse. See his testimony on the trar verse.]

Dr. Joseph Clary, called and sworn for the pe(^le, testified : I am a physician. Have been in practice thirty-five years. I have visited the pri- soner, with others, three times, for the purpose of examination ; the first time with Mr. Morgan and Dr. Pitney, the second time with Dr. Willard and Mr. Austin, and the third time with the Kev. Mr. Anderson. I had some con- versation with him each time, and heard conversation that I did not partici- pate in. I inquired into the state of his health, examined his pulse, also his tongue, and inquired respecting his appetite. I have seen so little of insanity that I don't know as I ought to express an opinion. I am not prepared to call him an insane man, or to say positively that he is sane. I have not that clear conviction which removes all doubt or#hesitation. I think, however, that he has none of the varieties of insanity that I am acquainted with.

Dr. Chablbb A. Hyds, sworn for the people, testified : I am a physic dan. Have been in practice twelve or thirteen years. I have visited the prisoner in the jail twice, fi)r the purpose of examination. I went with Doc^ tors WUlard, Dimon, Darrow, Pitney and Hennance. I saw nothing to make me think he was insane. I had not seen him before going to the jaiL

80 fmniAiiOV

From seeing lam only twice, it wedd be ^fficvH to say that be wi I was rather of the opinion tl^it be was not

JoHK P. HuLBERT, 8wom for the poople, testiied: I am a ootmseOor at law, and was in court during a portion of the triid of Henry Wyatt, in Feb- ruary last, for murder. I am confident that I saw FMeman in court mora than once during that trial I think on several dsys. I saw him when be was brought to the jail. Have seen him in the jail smoe. He said but litde. Dr. Fofigate was dressing his wounded hand. My attention was not called to his insanity then, but only to bis deafness. I saw nothing like insanity about him. I hare read considerable on the subject ef insani^. I give my opinion, however, from what I saw.

Bknjamin F. Hall, sworn in behalf of the people, testified : I reside in Auburn. Have seen the prisoner several times since his dischaige ftrom the State Prison, but never observed him particulariy until the day he was brought mto town for the killing of the Van Kest finmly. I have seen him but once since, except in court That was on the morning of last Thursday. Whilst I was at the jail, Dr. Thomas Spencer, of Geneva, came there, as he said, for the purpose of making an examination of the prisoner. At his re- quest I accompamed him to the cell where tiie prisoner was confined, and endeavored to converse with him. The Doctor demred me to question him oonceming matters within his comprehension, where I might be able to de- tenmne whether he answered correctly. I did so, and toc^ a note of my interrogatories and his answers. [Witness fiirther testified in substance aa upon the traverse, recounting the dialogue with tiie prisoner, and concludtng with the statement diat he appeared to have some mind, ahhougfa of a very loiw order; that the interview was insofiicient to test his sanity; but in the slight examination so made, he did not discover any such derangement of mind as constituted any form of insanity that he wm acquainted with. See his testimony at length on the traverse.]

Alonzo Taylor, sworn in behalf of the peqple, testified: I reside in tile town of Cato. I arrested Freeman at Gregg's tavern, in Oswego county, on the charge of murder. He was at his supper when I arrested him. He was there in detention at the time. When accused of tiie murder there he knew nothing about it I then told him he did know about it I said ** Yoa Mack rascid, you do know about it" He looked up at me, rolled up his eyes and grinned. I raised my cane at him. Some one said, don't strike him. I spoke to him again and alleged the murder, and asked him how he one to kill that innocent child. He said he didnt know any thing about it I then toc^ my chains out of my pocket Some one said Pd better stop tQl he had done eating. I waited at the back of his chair eight or ten min- ntes. After he finished his supper I told him to stand up. He was then searched thoroughly. We found but one penny in his pocket I then tohl Um to sit down. He did so, and I ironed him. After that a couple of men wanted to take hhn into another room; thought they eoold get sometliiag

WILLIAM IBXXMAN. 81

oat of him. After ihey had been there awhile, word came to me thai the negro wanted to be protected. I then went in. He said to me, ** I want to be protected. I don't want to be kicked and cuffed around in this way." I said *^I guess they have not hurt you." He said, ** Yes they haTe." On our way to Phoenix, I said to him, ** Bill, bow could you kill that poor inno- cent cldld." He said, ^I didn't know it was a child." I had Burrington's horse with me. I brought the horse to Phoenix, and gave it up to the owner. I asked him what he had done with the horse he stole. He said, *< They've got it" When he spoke about their kicking and cuffing him, I asked what they had been doing it for. Geoige Parker replied, that tliey wanted to wann up his ear-wax so as to make him hear better. I could not make him answer, nor get any thing out of him. [Witness further testified as upon the traTerse. See trial.] ^

Cornelius Van Absdale, sworn for the people, testified : I was at Van Nesf 8 at the time of the murder. Williamson was there in the erening, but left at about half past nine o'clock. When he left I retired up stairs to bed. Afier I had been in bed about five minutes, I heard a woman scream. I raised up in bed, but seeing no one I laid down again. In less than a minute I heard Mr. Van Nest speak to some one and ask what he wanted. Next I heard something heavy fall on the floor. I then got up and put on my pantaloons. Whikt doing so, I heard scuffling in the hall below. I then stooped overto put on my stockings, when I heard the stair door open and heard some one ask if there was a man up there. As I raised up I saw a negro coming up stairs with a butcher knife in his hand. He came so near that the point of the blade was but about eighteen inches from me. The knife presented is the one found there. He stabbed me in the breast It struck on the breast bone and glanced off to the left side. I pushed him off*, took his candlestick out of his hand and threw it at him, and he fell frtm the top of the stairs to the bottom. I followed him down and seized a broom- stick at the bottom of the stairs, with which I struck him several times. He escaped as fast as he could out the front door. I then shut the door. I then discovered the front hall door.was open. Mrs. Wyckoff was just then going off the steps. I called to her, but she went towards the gate where she again met the negro and had a scuffle with him, but a^r getting through the gale she went south and he went north. [Witness further testified in substance as upon the traverse. See trial.]

IbsLEN Holmes, sworn for the people, testified : I was at the boose of John G. Van Nest the night when he and his wife and child were murdered. I had retired to bed in the north-west bed room. Julia Aepi with me, Peter with Mrs. Wyckoff, and George W. in the sitting room with his parents. The first alarm I had was a scream from Mrs. Van Nest out doors, and the bark of the dog. I raised the window and asked what was the matter. She came to the window and said, ^ Some one is here and going to kill us all ;" she was stabbed and expected we were all going to be killed. She went 6

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round to tbe front aide of the house, and I went and opened the hall door and let her in. She went into my bed room and laid down upon the bed. We told Mrs. Wyckoff, and she got up and went out into the halL I aoon heard a scuffle there. I waited until I heard a noise up sturs, and I then went out into the sitting room. I went for Mr. Van Nest, and found him near the kitohen door on the floor, dead. I then shut the back door of the kitchen and went into the sitting room, where I saw the prisoner looking in St the window. Don't think he saw me. He then kicked the door open bat did not come in. I don't think he saw me then. There was a candle in the kitchen ; not in this part of the house. The negro had something in his hand when looking in at the window, and I thought it was a gun. Mr. Van Arsdale told me not to stand before the window. He went around the house and then came back; went to^the gate, and then went north. I watohed him until he got near the bam yard gate, [\yitness further testi- fied as upon the trayerse, and identified the prisoner as the negro. See trial]