sSratotrsjUporter.
E. O. GOODRICH. I pnrrnttK
R. W. STURROCK,] EDITOKS
TOWANDA:
Thursday Morning, December 13, 1860
THE MESSAGE.
We presume our readers have ere this satis
fled their curiositj with regard to thisdocn
meot. To the anxious expectancy with which
its coming was watched, it brings no degree
of relief, and the general feeling in regard to
it even among members of the party is one of
disappointment. He evidently desires to avoid
all responsibility during his term of office,
hoping that by pursuing a line of policy which
may tend to tranquilize both sections for the
time, his few remaining days in office may be
quiet ones, and that the final settlement of the
difficulties may fall upon his successor. He is
true to his principles in ringing the changes
upon Northern aggression, holding up as the
cause of all this trouble, —northern agitation
and the passage of acts rendering void the
Constitutional provisions for the rendition of
fugitive slaves. The implication is that the
North has made the agitation of the slavery
question a profession. This is totally unfoun
ded in point of fact. With the exception of
a few radicals in the North, the people
cared little about the slavery question till upon
the nefarious repeal of the Missouri Compro
mise—a peaceful settlement of a quarter of a
century's duration ; the attempt at coercion of
the popular will in Kansas, intensified by the
Lecompton fraud; and later the announemeut
of the doctrine that the constitution itself car
ried the " peculiar institution'' into the Ter
ritories, a feeling of apprehension arose in the
Northern mind as to how far these aegres
sioos might continue, which has resulttd in the
constitutional election of a man pledged to
bring back the administration of tiie govern
ment to its old landmarks. This, in fact, is
the sole cause of the excitement at the South.
The personal liberty bills, which were not in
tended as a hindrance to the operations of the
Fugitive Slave law, but only as a protection
to freemen against the two hasty operations of
that law, are made a pretext for a secession
that has been long contemplated by the Ore
eating leaders, in the event of their losing the
power to rule. To the attempt at revolution
for these reasons the President gives the se
ceders a mild rebuke, saying there is nothing
yet to justify it, and at the same time patting j
them apau the back by deciaririg that no law
exists impairing in the least their rights of j
property in slave?, and reminding them of the
increased security which they possess under
the Dred Scott decision.
The President very ably argues the point
that a State has no right to secede ; yet viti- :
ates his position by declaring that any at j
tempt by the Government to coerce a State
attempting disunion would only result in a
failure ; acknowledging the right of forcing
submission, while the power to do so is futile.
All this shows that Mr. Buchanan is a
mere man of expedients, trying the usual re
sorts of a small politcian to escape from diffi
eulties which be cannot master and overcome.
The idea of promulgating the doctrine, that
in a government there exists a right without a
remedy,an obligation that cannot be executed,
simply presupposes that our Government is
slighter, lighter, more fantastical that " the
baseless fabric of a vision." Language fails
to express the utter contempt existing in sound
practical minds for such ridiculous assumptions,
each point-blank contradictions.
When Utah rebelled, an army was forced
the whole breadtb of our Territory to allay
it. During the troubles in Kansas the Presi
dent could find an excuse for employiug the
federal power ; but for the secession of a
State and its threatened seizure upon public
property the President sees no remedy.
In foreign relations the President experi
ences little trouble. He simply declares the
fact of our being at peace with all foieign
powers, individually specifying the smaller
States of Central America ; while he says
not a word of either Paraguay or Peru—the
only Powers with which trouble exists. Per
haps he thinks that the settlement of these
difficulties will be another pleasant job to Laud
over to his successor.
Whaterer faults the document has, they
are not the same as those of which he has
heretofore been guilty—they are this time,sins
of omission, for which he should be held none
the less responsibe. But the people will over
look all such failures in view of the pleasing
fact that it is the last official communication
of the bouse of Lancaster.
THE HOMESTEAD BILL.
One of the first acts of our able Repre
sentative? was to cal< up the Homestead Bill
which was last session referred to the Commit
tee of the whole, and by moving the previous
question, bringing it before the House, where
it was passed by a vote of 132 against 76.
For the passage of this important measure,
the thanks of the people are due to Mr. GROW,
who has for years made a specialty of this
measure of legislation for the benefit of the
laboring people. The bill is 6aid to be some
what modified so as to avoid the President's
objections which called forth his veto at the
last session of Congress. Instead of making
a free gift of the land to actual settlers, it in
cludes a provision requiring them to pay ten
dollars for a hundred and sixty acres.
This 6um is not so large as to offer any se
rious difficulty to poor emigrants to the far
West, yet as asserting the principle that the
people shonld pay for the Covernment lands
it is objectionable. Besides even at this small
snra greater inducements are offered to specu
lators than wouM otherwise be the ca?.e. We
hold that the Government has no right to re
quire payment for lands which are equally the
property of all citizens, and which are to be
settled by the poorer classes.
For the benefit of oor conntry at large, it
is expedient that our Territory be settled as
speedily as possible. To aid such settlements
it is necessary that emigration to the West
should be encouraged. So far as our Gov
ernment is concerned, it would be much the
gaiber by donating all the public lands to
actual settlers. The advantage to our whole
country by means of the added wealth that
would accrue from the improvement of our
territorial possessions would be immeasurably
greater than that of the revenue we now de
rive from the sale of the public lands. It is
a very short sighted policy to demand pay-for
our Territory as a means of revenue.
But even if the bill is not all that we conid
wish, still it is a long step in the right direc
tion, and should it pass the Senate which we
see no reason to doubt it will, it will apain
come before the President, who, unless anxious
that his name shull go down to history uncon
nected with a single act that entitles him to
the repect of bi3 people, will uot dare to
withold his signature.
THE NEWS.— A dispatch to the associated
Press says that while the most conservative
Congressmen freely express the belief that
there is no prospect whatever of preventing
States from following the sece-sion example of
South Carolina, others are hopefol that some
thing may yet be doue in the way of com
promise, and which may at least preserve the
Border Slave-holding States in the Union with
the non-Siave-holding States. Among tiie
plans suggested bv gentlemen belonping to
the I&ttcr class of Congressmen is the estab
lishment of a line by an amendment to the
Constitution, similar to the Missouri Compro
mise. Other amendments have been submit
ted to the considerations of members from ail
sections of the country, and as they have re- j
ceived some degree of favor, it may be men- j
tioned they provide, first, that Territory shall
not be acquired otherwise than by treaty ;
second, the w hole inhabitants of any Territory
numbering 20,000, shall have the right to
elect all officers necessary for its government
under the rules prescribed by an act of Con- j
gress, and the Legislature thereof may deter
mine whether to recognize Slavery or not j
during it? Territo;ial existence ; third, when
ever any Territory, preparatory to its as.um
ing a State Sovereignty, having white inhabi
tants equal to the number required for a llep- j
resentative in Congress, and having submit
ted its Constitution to- a vote of '.lie people,
applies for admission, it shall be admitted
into the Union, whatever may be its provis- ;
ions in regard to Slavery, upon an equal foot
ing with the original States ; fourth, that
Congress shall uot interfere with Slavery :
where its exists under the sanctiou of law,nor
shall it prohibit the transportation of slaves
from one Slave state to another.
THE SECESSION MOVEMENT. — At Charleston
if we are to believe the statements which
reach us, a misunderstanding has already
arisen between the Federal authorities and ;
those of the city or State. Major ANDERSON,
commanding Fort Moultrie, has been refused :
the privilege of sending f o the Arsenal for
supplies, and his messengers have been sent
back without them, simply because among the
articles desired were some percussion caps.
The Government it is understood, has been
appealed too to send an additional force, as
Major ANDERSON has at present only sixty
or seventy men, poorlx supplied ; but the Ad
ministration,has absolutely refused to do so.
In connection with this refusal, vague rumors
prevail that a formal notification will soou be
given by South Carolina that she inteuds to
capture the fort, when the Government will
order it to be evacuated without a contest, to
avoid a civil war. Of course, it is impossible
to tell bow much truth there may be in 6uch
rumors. Secretary COBB, it is asserted, lias
already resigned, and will vacate his post
—in which case it is believed he will be
followed by the Representatives from South
Carolina and others. There is one thing,how
ever which may serve as a check upon too
hasty action, and that is the character of the
advices from England. The sympathy ex
pressed there for the Federal Government, on
the reception of the first reports of the se
cession movement, somewhat surprises the
Disuuionists, and they have no hesitation in
saying that it is uot what they expected. As
a measure of financial relief to the Govern
ment, the House Committee of Ways ani
Means, it will be seen, have resolved upon the
issue of Treasury notes.
THE twenty-seven electors met at Harris
burg on Wednesday, the sth iust., and after
organizing by electing ex- Gov. Pollock Presi
dent, cast their votes for Lincoln and Hamliu.
The only elector absent was Ulysess Mercur
from this district, whose place was Billed by
the selection of E. Reed Myer.
THE DEATH WARRANT for the execution of
Andrew McKinelev, who was found gnilty of
the murder of Thomas Shavtland, at the last
May Sessions of the Montour county Court,
has been received by Sheriff Bine. He is to
be executed in the jailyard on Friday, the Ist
day of next February. The uufortuuute man
received the news wjth apparent composure,
and seems to be reconciled to his fate.—Dan
viU Dm.
BOOK NOTICES.
HARPER'S NEW MONTHLY MAGAZINE. —This
old and popular journal is our favorite among
the monthlies ; and we long airo set it down
as an indispensable luxury. Each number is
iu fact, a perfect literary gem. The Publish
ers have made engagements which they are
confident will render the twenty-second volume
more valuable and attractive that any which
have preceded it. In the February number will
be commenced a story by W M. Thackeray,
which is expected to tie continued through the
year. The publishers have mide arrangements
with the author of " Adam Bede," and " Ihe
Mill on the Floss" for a new story for the
Magazine. A series of illustrated papers, de
scribing life, character, and scenery in every
part of the American continent from Labrador
to Oregon, prepared f rom personal experience
by favorite authors and artists is in prepara
tion and will appear frotn time to time.
The twenty-second volume of this magazine
commences with the number for December. —
Among iu contents are—" A Pcepat Washoe
By J. Ross Brown. Illustrated." " TheCro
ton Aqueduct. By T. Addison Richards
Illustrated." "Unwelcome Guests Illustrated."
" How the Course of True Love Ran Smooth."
"Thomas Oliver, Cobbler, Poet, and Methodist
Hero." " John Owen's Appeal." " Out in the
Storm." " A Struggle for Life." " Pomp "
" A Man's Repentance." " Monthly Record of
Current Events." " Literary Notices.' Ed
itor's Drawer." " Fashions for December/'
Ac.
Terms—One copy.one year. $3 ; two copies
one year, $5 ; three or more copies, one year,
each $2 ; an extra copy gratis for every club
of eight subscribers Harper's Magaziue and
Harper's Weekly togather one year for $4,00.
Address, Harper A Brothers, Publishers,
Franklin square, Naw York.
THE GENESEE FARMER. —The December
number of this excellent agricultural journal is
\>n our table. We would again recommend
the Genesse Farmer to all who want a good,
sound, practical, reliable agricultural and
horticultural journal. It cosls only 50 cents
a year. A new volume commences with the
next number. Now is the time to subscribe.
Send the fifty cents in stamps to JOSEEH HAR
RIS, Rochester, N. Y, or get one of your
neighbors to join with you and send a doliar
for two copies.
MR-. LINCOLN —A correspondent of the
Evening Bulletin thus sketches the future
lady of the White House :
Doubtless your lady readers would like to
know something of the future mistress of the
White House. Mrs. Lincoln called in the
afternoon to see the portrait that Mr. llealey
had just finished. She is of medium size,slight
ly inclined to embonpoint, and is still on the
sunny side of forty. Her face is oval, and is
as remarkable for its regular ronued outlines a
her husband's is for angularities. This with
soft eyes, dark hair, fair complexion, small
features and tnou h,makes jis agreeable a com
panion as any one desires to see. She lias a
good, motherly look, alow, soft voice, and ap
pears to be just such a woman as one would
rely on for sympathy and support, llerearri
age and gestures are graceful, her manners
whining, and her address easy and dignified.—
It was plain to all present that it would be no
difficult task for her to preside over the court
esies of the While. House, and to adorn
the station. Of course your lady readers desire
to know how she was dressed. It "Jenkins "
will pardon ttie invasion of his province, I will
undertake, from a very limited knowledge of
materials, millinery and mantanmaking, to
describe what Mrs. Lincoln wore. Her dress
was a brown or oak-colored silk, with grayish
flowers and leaves. It was made full with
flounces, fitted weli, hung gracefully about her
person, and trailed, but just a trifle. Her
bonnet was of black si'k trimmed with cheery
ribbon, which with a dark mixed shawl, neat
fitting gloves, and a rich lavender-colored
parasol, completed her costume. Mrs Lincoln
examined the portrait with c ose attention,said
it was the best she hud seen, but remarked
that it gave Mr. Lincoln a graver expression
than he usually wore. The artist explained
that he had frequently observed, at least tie
thought he had, that very expression on Mr
Lincoln as he had sat beiore him. After
another study of the picture, Mrs. Lincoln now
thanked the artist for liavng delayed his de
parture in order to afford iter an opportunity
to examine the portrait, and with a general
and graceful obesisauee to tiie company present
she quickly walked away, followed by her two
chubby, rosy-faced, bright-eyed boys, Bill.aged
about eleven,and Tom, otherwi>e called "Tats,"
or " Tatsey," aged about five years. Bob,the
" Prince of Rails," is decorously pursuing his
studies at Harvard University. This is ail of
the Lincoln family—the President elect, his
lady, and their three boys.
g*aS"One thing has happened in the election
of President this year,which should set at rest
all cavil. It is, that the States which elect
the Preside!)!, do so by a clear majority for the
successful man above all opposing candidates
Polk, Taylor, Buchanan, and other Presidents
were elected through divisions of opponents—
slipping in by a plurality vote of States. Not
PO with Lincoln. lie has 34 innj. of the Elec
toral votes—in the States of Main New
Hampshire, Vermont, Massachusetts, Rhode
Island, Connecticut, New York, Pennsylvania,
! Ohio, Michigan, Indiana, Illinois, Wisconsin.
lowa,and Minnesota—in each of which lie has
an absolute majority over all the opposing can
didates, nnd probably a plurality in New
Jer>ey, Oregon and California, giving him 11
more Electoral votes —57 maj. iu ail.
Another conclusive fact is, that in none of
those 15 States were the majorities small, or
secured by any suspicious of fraud. Polk's elec
tion, and Buchanan's, were marred by proven
allegations of cheating at the ballot-box suffi
cient to render doubtful the fact of their real
election by the People. But Lincoln's mnjori
ties are like himself-—clear, above-board, mag
nificent, decided, aud uudoubted.
A FATAL accident occured at Danville on
last Monday week by the explosion of a boiler
in the Montour Rolling Mill. Joseph Read
ing was killed instantly, arid ten of the other
hands badly hurt by scalding and bruises
Henry Doyle lutd an iron bolt driven through
his leg. A large portion of the mill was torn
away, and the boiler was blown with immense
force into the canal, and tore the rudder from
a boat that was lying there.
THE Albany Argus solemly enquires ; " Do
the Republicans coutrol the wheat and corn
crop ?"
Shouldn't wonder. They control pretty
much everything nowdays.— Buff. Com. Adv.
LOCAL AND GENERAL.
COURT PROCEEDINGS. —The December Term
and Session of the Courts commenced on Monday, Dec.
2, 1860, before Ron. DAVID WILMOT President, and Hon-
JOHN PASSMORK and JOHN F. LONG, Associates.
At the opening of the Court Monday morning. Dec. 3.
the commissions of E. O. GOODRICH, as Pfothnnotary, Ac,
were read. The entire day was occupied with the usual
preliminary business—hearing motions, receiving con
stables' returns, Ac.
Tire Grand Jury being called, the following persons
answered to their names and were sworn, to wit: BEN.)
S. RCSSELL. Foreman, Alfred Ackley, John Bartlett, Lo
ren Bradford, D. D. Black, Calvin M. Brown. Saml. B.
Chaffee. Enos Califf. John Davis, Charles Floyd, Francis
Hornet, S. D- Hirkness, Milton lohnson, CUaries Kellog,
Gideon Mace, Thomas Manly, Jesse B. .M K. au, Morris J.
Smith, Thomas Taylor, J. R. VanXess.
The Grand Jury were discharged on Wednesday, hav
ing transacted the following business.
TRUE BILLS.
Alphens Peters—Assault and battery.
Dennis Manahan —Larceny.
Sylvester C. Hickman—Burglary, Ac.
Peter Collins—Assault and battery.
Silas J. Fritcher—Burglary. •
Harvey B. Ingham—Assault and battery.
James Hollis Lent—Fornication and bastardy.
Decatur Coffin—Larceny.
lioswell Luther—Assault and battery.
Lewis Johnson—Assault and battery.
Seth U. Briggs—Murder.
NOT A TRCK BIIL.
Theron Hay ward— Assault and battery. Prosecutor G.
H. Gorsline for costs.
In the matter of the application of Preceptor Forbes,
and others, to be incorporated a borough, by the title of
Rome borough, the Grand Jury report favorably.
The Grand Jury make a presentment in relation to the
publiw buildings.
Iu the matter of the petition for a view in West Bur
lington township, for a bridge across Sugar Creek, the
Court appoint as viewers, Charles Knapp, Jacob Manley.
Henry Pultz, Frederick Whitehead, S. H. Morlej and M.
J. Long as viewers. The report of the viewers being fa
vorable, the Grand Jury recommended the building of
said bridge, and an order is issued for the saxe.
Upon petition, a tavern license was granted to Powell,
Smith and Beeman, for the unexpired term of C. B.
Sweazy's license.
Upon petition, Samuel Walbridge's tavern license was
transferred to Thomas U. Jordan, and the tavern license
of H. A. Phelps to Klisiia Satterlee.
Com vs. Patrick Burke. —Surety of the Peace. Pro
ceedings from Wm. Kendall E.-q., on complaiut of Pat
rick M'Goughlin. After hearing, the Court adjudged that
the defendant should enter into a recognizance iu the sum
of f.300 to keep the peace, Ac.
Com vs. Peter Collins. —Assault an J battery. Proceed
ings from Wm. Kendall Esq. on complaint of Miss Fanny
Elwell.—lndictment lound at present sessions. The evi
dence showing that Peters had used Fanny rather rough
ly, tue Jury found him guilty and the Court sentence
him to pay a line of slj and costs, and stand committed
Ac.
Com. v. Peter Colli is —Assault and Battery.—Pro
ceedings from Samuel Xorcork. Esq , PJ'tf. John Cnntiis
ky. Indictment found at present sessions. The evidence
showed that tlie parties had a quarrel in the course of
which Collins thinking himself in danger of an assault,
hit Curami.-ky over the head with a shovel, inflicting a
serious wound. The Jury judging the parties were al
ready a'out square, found the uefenda-t not guil y, and
directed that each party pay half the
Com. vs. Ilaivy li. Ingham. —Proceedings from Sep
U-muer sessions. The District Attorney enters a nolle
firoxeq 'i, by consent of Court for reasons tiled.
C<im. r. Situs J. Fritcher— Larceney Proceedings
from II C. Boird, Esq. Indictment found at present ses
sions. The evi-ien ce was that the tavern occupied by J .
S.Sloan, in Athens boro, was entered on Wednesday
night. Xov. 2'tb, by some person who entered the sleep
ing-room of Mr. and Mrs. Sloan and abstracted the
clothes of Mr. Sloan, containing about s6j in money.—
The Jury, after hearing the evidence, returned with a
verdict of not guilty.
Com vs. L. M Hundell —Brought from Sept. ses
sions. The complainant in'his case, Asa Slater, being
brought into Court, upon a bench warrant, is sentenced
to pay the costs of prosecution and stand committed, Ac.
Com. vs. Dennis Mmahan, —Larceny.—Proceedings
from J. B. Ingham. Eq. Indictment found at present
sessions. Dennis was proven to have appropriated to
himself a bee-hive containing a quantity of honey, the
property of George Elliott, aud the Jury found hiin
guilty.
In the Common Pleas, in the matter of the applica
tion of lienrv A. Ross, Geo. L. Stevens and others to
be incorporated under the name and style of the • Pres
byterian Chnrch and Congregation ot Stevensville," on
reading petition and on motion the Court make the usual
order in reference to publication.
On reading depositions and on motion the Court decree
a divorce to Jacobin a Haas, from the bonds of matrimo
ny entered into with Frederick Haas. Also, to Sarah
Whitney from Luke Whitney. Also, to Sarah Ardway
from Win. Ardway. Jr.
Com. vs. Seth H■ Briggs— ln the Oyer and Terminer.
The defendant was indicted at the present sessions for
the murder of Daniel Clark, at Troy village, on the 24th
day of July last. Thursday morning, Dec 6, the de
fendant being arraigned, pleads not guilty, and puts
himself upon God and the country for trial, and the Dis
trict Attorney doth the like.
For the Commonwealth—District Attorney VTATRINS,
and • ACL D. MORROW.
For the Defendant—Messrs. ELWELL, F. SMITH and'G.
D. MONTANYE.
After some time in selecting a Jury the following
named persons were called :—Abner Wood, Myron Kel
logg. Addison Taylor. Myron Stevens. C. E. Gatkill,
Martin Towner, Levi Wells, Jonathan Stevens, Stuart
Bosworth.G. H. Vandyke. Carpenter Hoagland and Row
en Merrill, who were individually and severally sworn to
well and truly try and a true deliverance make between
the Commonwealth and the prisoner.
The case was opened for the Commonwealth by Dis
trict Attorney WATKINS, and the following witnesses
called for the prosecution :
EVIDENCE FOR THE COMMONWEALTH.
Daniel D. Clark sirorn. — I was residing last July in
Troy borough, occupied the part of the bouse above and
| Brings the part below. Th-s occurrence took place on
the 24th day ot July last. My wife left on Monday and
went over to my sister-in-laws, Chus Boyce's.to take caie
' of my wife's sister. I was at work at Mr. Kunyon's at
; the time, came home at night and my wile was gone
Mr. Briggs came home at night, had beta at work at
Adams',—he appeared to be very ill natured—commenc
ed to fiud fault about my wife going over to Boyce's, and
his wde having to stay at home and take care of my chil
dren-said she had to Like care of mv cursed brats, and
couldn't do anything tor hcr-elf and iiim. She complain
ed about his spitting upon the floor. He said •' you will
see a worse muss than that, some time."' She said "vou
! have threatened killing me two or three times by taking
j a razor to bed with you, and sleeping with it under your
head, —you darsu't kill me any how." He said '"you
' needn't think I'm the least bit bashtul about it." He
i ate his supper and then went to bed. He got up soon,
j and walked the floor for a few minutes, and then went to
| the cupboard and went to eating. She said •* l! I'd
! thought you'd been hungry I'd got you another supper."
| He spoke out with au oath. " I suppose nothing belongs
| to me, stove, cupboard, nor nothing," and then threw
| down the bowl upon the floor, and broke it. He was
! then walking around the house, muttering something,
I couldn't tell what he was saying. He then came up
stairs, and went around into every room, and theu came
; into my room, a, d walked by the bed, aud went down
: stairs without sayiug a word. He soon came up stairs
again, with a kind ot a smile on bis face and said, "Dan
j have 1 disturbed you any through the ingbt" I said " I
should think you had. 1 have got a very bad cold, Seth.
i won't you go down and let me atone." He ttien went
1 down and got into bed. Very soon be jumps out of bed
aud comes up again. He hud a handset-duel in one hand
and a candle in the other ; he was dressed then. Then I
sprung up. I was kind of scared, and "Seth. what do
you want ? go down." She had got up and was sitting
by the tire. He walked around Had sat down by her
He said to her, " Sarah let us die and l>e buried iu one
grave," "He raisen his hand, and she saw the knite,
and seized the caudle and run up to my room, aud said
"•Seth is coming up to kill me." I went into the other
room and lit a candle for her and me. Took sticks
of wood t-om the wood box aud went to the head o. the
stairs, and he was about half way up stairs. 1 said "go
down—dou't be coming up here with a knife " He said
" my wiie is eoming up there, and dead or alive. I am
coming op." Then I ait him oa bt fwd- Sye I "Seth
go down, don't be coming up here with a knife." He
still came up, and I hit him <>n the head. He nay#. "my
head is pretty d— d hard " I hit him again.—that was
three times When I hit him the last tine, he staggered
I back two or three steps down stair". His wife caught
i me by the arm and say#, " don't kill him," and I stop
ped. He then went down stairs, and fastened the door.
Then I beard him walk along, 1 thought, into the other
room. After be fastened the door he struck the ceiling
three times with his list. Alter he went into the other
room be came back again. I heard a M range noise like
the gurgling of blood He walked trom the bed liack into
the other room again, and I heard him gag as though he
had cut his throat. I heard a noise, and down came the
stove pipe, lie Went under the stairway and fired off
some powder. Asked him what he was doing. He said.
—•• I'll show you. I've got Mill another gun lor
you, by and by." He came to the stairway door, and
asked us to come diaru, and asked iiis wile to come
down. She said ' 1 dare not, you will kill me Seth."—
He swore and said something. ' Then I heard him ham
mer the stove and swearing She said "1 must go to the 1
neighbors." 1 told her v> he careful. She pulled off her
shoes and stockings and went down the stairs, outside !
the house She told me to draw his attention while she ;
was going down. I then asked him if he had got any
liquor down there. He said plenty, come down. 1 said
you are too willing. He went back and walked around i
the house, and soon I beard somebody at the d'Mir.— j
Heard Mr. Moore hallo to hira to let him in. Heard 1
Briggs lay himself on Ihe lied, and heard him get up :
again and gag—make a curious noise—thought lie threw
himself upon tiie bed again. Heard iloaglan tell Moore
to break the door in. Heard Moore stave the door in, I
aid then 1 heard Briggs get up agiin on the floor. His
wife then came up stairs where I was. Says ihe, "you '
go after a Justice." I went alter Kendall, and got aim i
to come up. Kendall went in. and 1 came to the door.— '
I said, " Seth how could you kill that little boy?" Briggs
said " God d—nyou. leave me." 1 went out and sat i
down by the side of the house, and cried. It was my j
child that was killed. He was 3 years old last Xoveni- I
vember. My wife and Briggs' wife are sisters. When
Briggs came down stairs, alter I drove him down, be said
" I must have my tools closer together," and went out
doors to get the axe.
Cross-examined —We lived together in that house '
• I about two years. The child slept with them a good part
]off he time. Mr. Briggs was not at all times kind to the
j child. When the child would do to suit him, he would
• ihe kind to him Mr. Briggs ami I were not at all times
f j on good terms. Sometimes when lie would abuse his
| wife, I would interfere, and that would canae a hardness
| lor a tiuie. Briggs called inru litlie Benny.
: j Direct Returned. —After I heard Ihe gurgling noise I
heard him tell Benny to lay up on the piilow and not curl
. ! down so in the bed.
1 Mrs. Elizabeth C'ark MPorn.—l was the mother of
Benjamin Clark that was killed. 1 went away on Monday ;
• ' evening, the day lie lore this occurrence. Mrs. and Mr.
. | Briggs helped ine into ihe wagon. Briggs said his wife '
| could take care ot Benjamin while I was gone to take '
care of my sister. The week before the 4th ot July he
' i came into my room ami said. " Lib alter the 4th nl July
i Benny and i and Sarah will not be here long, iniml what
j 1 tell vou." lie had a kind of a smile and his countenance
looked ugly and malicious. He wanted I should have
' \ Benny's likeness taken, for il I didn't something would
| happen that 1 wouldn't get it—that lie wouldn't live long.
, ! This was a week or two lielbre the 4th ot July. Often he
| had said to ine •• Lib. what would you say ii vou should
get up some morning ami tiud them all dead." Hid not
; mention any particular one.
. | Crass-Examined. — 1 told him that Benny would never
j go with him, Benny would not leave ine tili death parted •
i liim. Before the 4tli ol July, he answered we 11-ee wheth
' i er he will or not. When lie spoke about the likeness, " I
i ' told him I was going to as soon as I could." When he
j asked me aliout what 1 would think to get up ami find |
' them all ile-d he looked ugly a# if he could kill every one .
|in the nouse. Noli- ed no difference in the look of hi- 1
' i eyes. Benny had slept with Briggs and his wife, off and
on, about a year. By "8 .tnd on, 1 menu most of the j
' time. I left two little girls with Biiggs ami ids wbe.
when 1 went away, beside Benny. Sometimes he was
- | cross and would whip the child. Had said lie wmild
I i whip him to death but what lie would make him mind.
j When we lived across the creek, Benny iived part ol the
time with them and part of the time with us. lie didn't
| choose to stay away w hen tie liked to go hack ami loitii.
" Sometimes the child would cry to go with him and -onie
: times would cry to stay with me, when lie wouldn't let
I- it. He wouid speak harsh and cross, ami most of the
t.nie was cross to the child. Never complained of my-,
* whipping the child. This tnau would come ami take the
child away, and we couldn't help it. 1 never had any
difficulty with this man in my li e. When we lived
; across the cieek lived the biggest part of the iiiue w itli
them. About two days in the week, when his aunt was
I away from home, be would be with me. Sometimes he
1 would bring candy Ac. to Benny aityl the other children. ;
1 He bought Benny a ball. He never bought iiim anuli
! cle ol clothing except a straw hat width cost him a .-bil
! 'ink'-
'lhotnas J I Calkins, sir or n—l think in June, just lie- i
1 fore having. Mr Briggs and I went to Columbia On our 1
i way home there appeared there was a d tiiculty between j
Briggs, his wise and a gentleman. He said if lie ever ,
ratelled Batterson or any other man with his wile he
| would put an end to it. He lieiug a man and away Iran
home so much iie couldn't watch these things, and he
| thought there was u law tor it. Told him when he
; lon ml tilings so to pack up his tilings and leave. Again
! coming inuu South Creek we had pretty much the same
! cotiveisation over. That was about the lir-t day ot July.
' lie lold me fkiltersou hud been there and things did not
appear light and be had driven inm away.
CKSSS- Examination Won't 1 mar where Batterson is.
Think he lived about 2j imh s south of Troy. Have not
seen him recently, lien t know where Mrs. Briggs is
! Is gone from Troy, hhe ie;t within a week certain.—
j Mrs. Briggs and Batterson both went off tlie same day.
Dr. CV. Date, sworn —On the morning of July 24,
slsnit 4 o'clock 1 was called by Mr. Iloaglaml. Went to
j the house designated by Iloaglaml. Found Briggs silting
Jon a lounge. Briggs said he'd done it. My attention
| was called to him. anil 1 exiniincd him and lound Ins
j throat was cut. it had l*-en done by several slight gasli
: e.s None ol them were deep. None ot the larger ves ;
I scls had lieen cut. The wind pipe was slightly cut. The
| blood was guigling. He said he killed the child be-aust ,
j he didu't wish to leave it behind to be abused. All the
! larger vessels ol tiie child were cut. Neck cut clear to
i the vertebrae. Asked him why he had done this act.—
I Said Batterson iiad been there that night ami the conduct
| of hisyvite with him among other things was tiie cause
! of it. t .Said he intruded to kill luuiseti and Batterson
j and his wile.
Cn.s—Examination. —After some little time I sewed
1 up Briggs' net k. > sewed up from 2to 4 inches. Hid
j not consider tiie wounds dangerous. Tniuk Moore was
j in the room. About lia.l an hour alter 1 got there when \
j I sewed up the wound. *
j Asa R. Moore, sworn.— On that morning 1 was awa- j
i ketied by Mrs. Briggs, not lar lr. in 4 o'clock. She came |
jmito my stoop ami rapped at my lied room window.— ;
Quanted 1 should git up and go over. 1 did so. Went j
jto the door and wrapped, where Briggs lived. Briggs'
j said 1 couldn't come in. Then called Inm by name and 1
! told hint to open the door and let me in, lie then called
ine by name and said 1 couldn't come in. 1 then asked
him again to let me in. He said I couldn't ewe in—l
might go round and come down through Clark's room.— j
. Said I didn't want to take that trouble, to open the door. j
and not he afraid ol his Iriend*. Was 1 selling at the
key-hole to see what lie was doing. Think 1 heard him j
about that tiuie get iut" bed. 1 again asked lor admit
tance and understood him to reply Benny ia abed and so
he I. Then I said get up and let rne in. He made a
strange noise and coughed. Think he said kick the door ;
down and I did so. Went immediately to the lied and
• found the child laying there, oil the front side ot the bed, ,
with his throat cut. and he lav iug on the bai k side ol the ;
bed with lus throat cut. Asked him w hat he'd been
about and he replied he'd dune it and it would soou be .
' over. He tore and swore considerably. Asked him what
i he had killed that child for. lie made the remark that ;
his wife had liee i out that night. Said he had never
been used to such conduct and would not keep a whore- j
house. Asked him if he was ui.nl at her why he should •
i kill the child. He replied that lie meant to die and was j
going to take the child with hnn. Started to go to llie
door to tell the man to get some of the neighbors to c one '
and assi-t me. Got near the door and heard a noise and ;
, looked around and -aw Briggs getting off*the bed. Step- >
ped back and he laid got nil and walked kiud a quarter- !
iug. The axe laid on the tloor. Let him walk aloug and i
lie tnade grab for something, and picked it up. As he
, [ did so 1 grabbed biiu He insisted on my letting go ol
I him, so that he cuuid make a finish of it. Wanted to j
: slash. He then said that if he could have killed Hut \
, damned bitch, and 1 think he mentioned Clark's name, :
! j he would have iiecif satisfied. Mr. lioagtaud came to the j
I door as 1 was holding him. 1 requested bun to come iu
' and take the kuiie. My son came ill aud took hold ot
' his hand aud he gave it up. It was a razor, fshould
. | think this is the razor. (Kazor exhibited to witness), i
j made him set down on the louuge Was undressed
Made him dress. The chi.d was dead. Was blood upon
. I the axe helve-appeared as it used with bloody. hands.
The evidence for the prosecution was closed Friday
morning, when Mr. Klwell, opened the case tor the de
<nedunt, setting forth the insanity of the prisoner, aud
; reading several authorities hearing upon the defence.
. The following wituesses were theu called lor the de
, ' fence :
EVIDENCE FOR THE DEFENCE.
, : Xa'han IV. Baiggs sworn. —l am a brother of the
; dft., live at Lewi-town Niagara Co.. X V; he moved there
in l*3t>, has lived at my house aud owued a larui adjoining
uiiue. He is aged about 3s years. He was sick at Uan
i aiidaigua, about IS years ago :up to that time had never
discovered any symptoms of derangement, was sick with
a fever aoout 27 days. After the lever left him he par
tially recovered, and was taken with a relapse, when ta
ken lie was out ot uis head, he was so about eight days.
I During the time he had the-lever he was very sick, but
| ! got so lie could walk about the room beiore 1 came. About
1 7 years ago he was st work lor me. I was build.ng a brick
i house, he was tending mason. Due morning tile masons
! seut tor brick aud he brought a hod of mortar, sent liiui
i hack aud toid him we wanted some brick tor the front
, and he went hack aud got soma common brick, the ma
son spoke to me. uud I came upon the b ilding, and the
I mason asked why Seth would not get such brick aa lie
- wanted. 1 told him to get some aud he went and got
i j them ; after he came back lie went and sat upou the wall,
} I aud 1 was about the building when 1 saw Seth sitting
I' with his head down, asked him it he w as sick and he said
something ailed his head ; toid hnu he had better go to
the house ; seemed to be wild and Highly, his eyes looked
i wontar*) £t two ether time? saw him wfceu out of hit
head. Once 4 or 5 yearn ago, came to my hon*, .
wanted one of my horse* to ride up to a little vill
mile* distant. 1 lei him take the home and he •25® *
to get a pair of boots. Wbn he came back, my win?'
to me, Beth act# wild. I went in and saw that he i
strangely, aud seemed disturbed at Bo He* about the
told iny wife I would #o<>n come In and see al>m
soon went in and said, "Seth what i* the matter ?" sL 1
he had a terrible headache. I told him to- have a
tea and lie down ; said he didu't want any tea and thiulLc'
he wouldn't lie down ; alter a little jiersuasion he'"* 1 "
and lay down ; every once iu a while he would ri , " B,
and look around the room as if afraid of aomethi
would not speak miles# I spoke to him. The same
iiig my wife and myself staid with him until abm??,'
o'clock, before we left him. In iny judgment he
rational. I asked him some questions next morninc a * 1
he knew nothing of what occurred the niifht befo
About 5 or 6 years he helped me in harvesting
him with the other hands I had to work for me • T"
was not long before he ci me hack, complaining u
1 head felt tisd. After he had been at the how* a ft®
i meats I told him he had better lie down, and I wnnia 8 *"
I lip to the lot He acted as il be bad great dint**!!
the head. W hen I came btck I aaw that he acted
strangely, the same way he bad previously. Thj*.of!J
I I isted hiin most of the day. He went and lay d„ n
| slept and when he got np'said his head felt better si"?
j had been living in Illinois, Ohio, and Ontario t',i Vv
! Lived in Niagara Co. some seven years in ail. W|,. n I"
came from Illinois he had chill fever ; at Canand-"
| called hi* fever of a typhoid form. When sick at tyi"*"*
daigna he acted flighty and wild, at time* talked
i eiably ; at other times did not talk much. At inter®>
I while I was there he *ould lie rational. Did not
' any violence, nor did he seem while flighty to apprehiSJJ
dauger from any quarter. Was wild talking smetim
' upon one subject and another. About 2 year* afteHvl
left Csnandaguia he came to Lewistown. While sick
Canaridaigua he complained very much of his head (?'
, lived with me atmut 3or 4 weeks, exhibited no *j eil ,
derangement. 1 lived in Canaridaigua 3 years and
back to Lewistown, our farms then joined. H e ;, ®T
there 3 or 4 years. Huring that time 1 saw no
of derangement. He sold his place snd moved east
| He came Iwck to Lewiston again about 7 years ag> *
him occasionally during the interval. He r.-ii*j *
about 4 years at Lewistown. The attack when tend
meson continued most of the day. In tioue of his attack-'
did he sbow any signs. of violence. **
Richard Barton swnt n. — Beside in Niagara Co V v
Am acquainted with the defendant. In l*r>;, f ,, lw Vj"
at my house in the tow n of Cambria ; he had l*en talk
| iug of working tor me, to take care of an entire horst I
had. 1 let him go and see what he could do with #
cious horse I had. By his conduct with the horse Idi
! covered there was something wrong. 1 judged so bv h I
| recklessness iu handling the horse. He went around I
| handled the liore carelessly. I pqq h im Uj j ™ I
i horse ;he was either crazy or somethiug else. He cat I
; hack to my house with his brother's horse and hi i I
1 nt-arance was so bad I put up his b'-r-e. a(l( 'j ,? F I
let him have it. He appeared very wild He wa, ridinv I
to aud tro around the streets in an excited manner I I
kept the hor-e about three or four hours, when he cam
to 'tot and said he was going home it I would Wt Inm J
hi* horse, and I dbi so Live about 21 4 from !
Briggs' brother. M hen lie caine to hire I n tired hi* '
conversation was very quick. Did not show that he bd '
; been drinking ;at that time I kept a public house I
i hail seen hiui lielore he came to my house. 1 have seen
him drink ; have seen him under the influence of liquor
He then appeared to be excitable. Said when he wan at
my house lie had come from TouawamJa.
Daniel Daymarsk virion—l reside in Lewiston \j.
i agar.i county. Am aqu tinted with the defendant. Tiw f
only time 1 ever -aw any signs of derangement woa |
tiie occiisioii at harvesting, spoken of. We lelt M r I
Bi igg-' house in the morning to g„ to t i, e He |j t „ wo ' rk j
i and when SUli ilriggs was with us vrc commenced Uikim
about the cradling the day licfore. He picked lip his cr*. I
die ami cradled about 10 rods and said heconldit't work I
didn't tec 1 well ; we tried to encourage him to keep uQ I
work, but he wouldn't. He started off and wen: awav B
a piece, aud then turned armnu and came Imck. When ■
he came buck, we Hied to get him to work again but IK I
! lelt and went iu the diiertin.i of the h .use. He com- I
plained ot a headache ;he liaj B w j(q tierce l.eik an if I
excited. He did not woik trat day nor the next; tho't I
he was insane al tiie time. Have known him alsiut 1# I
vcais : -aw him often ; have never seen him exhibit im- I
i.ar symptoms ; had not been drinking,
Mo tin Cast e strom I reside at Lewiston, Niagara 1
county. Am acquainted with the defendant. Iw.mt 1
work with him in the harvest held. W'e saw by hi* look* 1
that he was not right, deranged some. He bad a wii4, 1
sirirp, fieri e 1 ok in his eyes. He complained of lm E
head. When he started off he talked to himself, it w* I
a sui.ject or remark that he was not right. I have seen |
him at. tlier times when 1 thought he was deranged. It I
was iH-hue tins occurrence at tai.iindaigu# J worked I
with him at the brewery. He acted strangely and was §
i discharged on that account. 1 did not know ot hi# E
drink.ug at the breweiy. II hid access to liquor.
Reuben Cast worn —1 was in company with Mr I
Briggs at Mr. Adams the day before the child was killed |
! was at work itli him in the afternoon, lie Complained I
towards evening of a headache. We were cutting bar- I
icy. 1 ditiu t th.nk his appearance was as usual ; thru E
appeared to be something wrong with his mind. Ha 1
conduct was reckh-s. I hud my machine, and was mo*. I
iug. 1 could not ride on the machine and Briggs said h 1
would drive. 1 charged liiui to drive slowly There sets ■
occasionally a hickory shrub, ami I was alr.iid he would I
come in contact. He drove half the way around, and I I
toid iiim when he came nround lie was driving too fast— ■
he promised iie would drive slower. I et hint go around I
again, and he drove the sauir way ; the third time around I
lie drove the same wav. an I I stopped him and wouldn't I
iet liim drive. I seut Briggs to my house after the reap- ™
cr, with Adams' horsl> and wagon. When reaping he 9
wanted a fork, and Briggs climbed a cherry tree ami cut |g
him a lork on of the top of the tree. 1 thought him n
reckless in climbing to tiie top of the tree. Mr. Adimvl
remonstrated agoiu-t climbing the tree. He complained I
very mm ii about his head, had a terrible pain over hiiß
eyes. His eyes looked wild and fiery, and glassy ; thev H
; u d not look natural. My judgment was that he had been I
drinking. I did not -ay to Win. Burger that the after I
noon we were at work together I saw nothing wrong ia |
Biigga.
Dr. Albright Dunham strom. —f am a practicing phy
sician and surgeon ; have been for five years. 1 *
Briggs liie fiay lie was brought to jail 1 made an exam
ination of the wound upoa his neck,at the time be *a
brought to jail, before he wa seen by Dr. Ladd. Tt.'
wound was closed by sutures. Its length was about four
inches. The incision was made just below what u
called Adams' apple, in the larynx ; there was an in
i'Ui in the larynx about half au inch in length, in l>re:i
itig air was lor. Ed out. The incision was probably that
quarters of an inch in depth. There was the appwruce
ot two different incisions'. 1 dressed the wound littt
day for two or three weeks.
Dr. C. K. Ladd sworn I called to see the prisoner
either the same afternoon he was lodged in jail "r tnr
I next morning. His throat had a gash uponitJJort jf
inches in length, across the upper portion of the t L mat -
I saw him the next day. The wound was sewn up when ~
1 first saw it. The wound extended into the larynx. A L
cut lower down or upon one side would be more likely tu |
be fatal. The arteries would be more exposed ou the I
side of the ueck.
S. II Fitch swim.—At the time the boy was sick I I
asked Mrs. Clark why #he didn't bring the boy home I
At that time she and Mr. Clark both spoke of ltriggj I
tinnkiug so much of the child, and that was the reason I
they let him stay there. This conversation was sonif I
time last V\ luter when they were living in my house ao4 I
at the house.
'J has. M IVooiiruff sworn. —l was Sheriff when Brigfi |
was committed to j lib 1 saw his throat every day or two |
until it got well. He did not eat anything the two or I
three first days alter he cam*. He drank milk and w- 1
ter. The wound iu his throat became very ofieuire I
when suppuration commenced.
COMMONWEALTH KEHCTTWG.
James B- Adams affirmed Briggs was at work for tiw I
the 23d. He came to my house about !> o'clock in th I
morning and got to work about NJ o'clock. After be I
came he went and borrowed a cradle of a neighbor, to do
some cradling. He went to the field at 8 1-2, myself *•
companying. I remained about an hour, lweutte*
lower lot where Mr. Case was mowing with a machine
and remained there until noon. About 13 o'clock Mr- I
Bi iggs came down to the house, and informed me that I
owing to the lodged condition ot the tiarley he couida' I
m ike a gooil jolt of it. and advised me to have it done by I
Mr. Case with his reaper. He went home to his dinner. ■
He ca ~e hack according ta my recollection about 2I * I
o'clock and mid • the rem irk that he wouldn't m >ke uj I
charge for whit he m ght d that afternoon. H-cmw |
to the field where we were cutting grass. The pri"iief I
made the remark that Mr. Case was not experienced M
a niachii e,atid I e Ihongl t! • could do 1 etier with it |-i
suggested lie would drive the horse*. He furl her sri I
the giass requirtd a quick motion of the machine. i
go upoii the mat hiue and went tlm>e times around, upci I
the last round breaking the machine, owrng to the rou?b- I
ness of the ground. Mr. Case rein'iustrated about his g 1 " I
ing so fast, and on tin last round took it out of his hands- ■
The cutting of the barley was suggested by Brigg* # ■
Case acceded tti it. Not having the reaper with the nit- E
chine Briggs was sent with niy horse ami wagon for f-" I
He came back with it, and brought it into the field. p
then stated to me that it was nc-essarv t*> aave wed" l |
fork to throw the Uailey off the platform. I told hi* ij
1 had none, and asked him if he couldn't borrow one ,' _ I
He said he could make one himself. I questioned hi' H
ability but be said he could. He commenced examia'M H
souie of the small trees around, and I suggested to h'™ ,
to go to a large cherry tree, which was partially dead- |
He took my hand-saw and climlied up the tree. I
he had got up the tree I was fearful of his failing. |
considered that he was intoxicated. I called hnn don |
(Hremptorily to avoid an accident. He stated 1 nee* ■
give myself no fears on that account, he was able to Us* ■
care ol himself, lie got preltv well up the tree an' l vu ■
a fork, hut it did not please "him. and he concluded* ■
would look at out for another. With mv assistance * H
found one on the east side of the tree which he cut 0 ■ I
and came down the tree and brought the saw with hi I
lie then trimmed up the fork. By this time Mr. •>
was nearly through cutting the grass, and we ■
the machine into the barley-field Mr. Briggs, when
machine first started wis tlipiwing the barley op- 1 _ | g
was lute in the afternoon—probably about 6 o etc _
There was proluibly from 3to 6 rounds cut. and oft* . ■
threw the sheaves off with his fork. We all then ■
to the barn, it being alsiut 7 o'clock. Mr.
Ed Mr. Case iu putting his horses away and taking I
of tbem. I theu aeked Mr. Case ud Mr. * .