Ta.l,Ak. el WALKER CtiOnGE AHEM Ea
FOR VIE MCRDYR Or nis sitotata
WILLIAM ARCHER.
Reported for The ifontrose liemorrat
icyttlExcs fax THE COUSIONIVEAVrit
" Jowl' WAanntTast . , swern.—George , Ar-
Oter came my house on_ The morning of
Nov. 20th;, and wanted shotild go up to
*heir &met as..soon as I could. Ile said Bill
had got d—dly hurt. I asked him how it
happetfed 1 Lle said Bill and the old gerole
man had been fighting again, and_lto got hurt
with the gun. lie then left and said lie was.
.going after the Doctor. I went- up tqllr.
- Archer's. They live in Araratu.tja
As I went to the bousJs, the old ladymltltt a
chair on one tide of the house and her. son
Tlieodoie•o`n the other. The old lady made
odd my:jou% .as if' badly hurt, or inrume. I
' etood a moment or so, and then passed into
the room where Wm.- was. -He laid in bed
groaning, apa asid Ito Wa 4 badly hurt. He
alvolifed *here hi was shot. It was ei6e to
the back bone, on the left side, near the.short
ribs.' I - remained there an hour.- George - did
not return while I staid. William was in
great distress. • I reside about 89 rods from
' them. I think it was abort lo 'clock it the
morning.
Cross-examined. I did not sIIV much to
- Gearge when he came to my house. He ap
peared tome agitated. He started away, after
the one questicin. I did not ask him what
Dr. be was going' 'after. I did not notice how
fast be went. He went to the east, towards
- Gibson. I did not notice which ,way after a
• rod or so. I think the wound was on the
left ,side of the back bone. •I could hardly
tell which - - side 'it was the nearest. It was
not over half an inch. I staid there an hour.
When going up-Mr. Reynolds 'overtook Te
and we went up together. Ire was there
while I staid, and I left him there. I did not
stay over I 0 minuses Zn the room: I- think
no one came while I was there. Mr. Archer
came into tbe room, soon after I went in. 1
noticed Win's. nose was bloody and swollen.
D. F. BRI:NDAGE, MOM—George came
after me' to go and see his brother Win. !Ile
said Wm: and the old man had a fuss and"
Bill gut badly hurt. I cannot tell what day - 1
of the month it was. I asked George how it
happened. Ile said Win. and the old man
had a fuss; WM. had- a gun and wanted to
shoot die old man, and the old. man tried to
wrest it from him, and it went off acciUntal
lyand shot Win. in the leg. He said be did
not think it bled much, but did not know, as
he came right away. It was about noon
• when die came to my house. 1 lire 7or 8
miles from Mr: Archer's: George immediate
ly returned. M horse was - gone and I did
-sot start till about 2 o'cloCk, P. M._ I arriv
ed at 11r. Archer's - near 4 o'clock. - Roads
were rough. . I am a pra'cticing Physician it
Surgeon.. I found ;Wm:lithi:king under great
ipain, lying upon his Back, rolling and turning
," on his side every moment. Mrs. Archer was
.in the bonne. Mrs. Archer and Theodore CAM?
out to take care_of my horse: I Went in to
examine the svouLii.- kr. Archer turned the
boy over on -- his* face. I glanced at the
• wound to =ea its locality: lir. Archer made
a statement that George was 1 - oadlugthe gun
and the ball stuck when down a - few inches.
He then put on a Wm.• passed' out
the door, by the maple: and. the gun went 44
• accidettaily and Ora him. Theodore said:
don't din front of the gun, as it is. cocked.
Aker this conversa-tiaa, George took the gun
and showed. how . it wils when it • went rdr—
Win.. li:wed - an the north and in front of
- 'George. The door is on the west side of the
hOuse. ' The gun 'was turned down. Ile
either swor 2 t the gun or palled it, and it went
off,'lsnds.,shot birn. not state where
Wm. fell. Jb must hate been out of the.
liaise as •the muzzle • r% as out of the door.—
Archer - slot.
the lake and_like to lave m
i *hol soe one.
Othersks, siso. .Georce said when the
hamtner/'as rat d wi.uld . not stand: ll e
sc
tr i e d i t .Wo or three timer then; and it stood
„" r ime.. Waf(ll set lock. I then we4t
b lo ke trj. pr.)1,..! in the wound.
Areber r.siste:l me as before. WM's
t ote .was shout 30 Per, minute; - lair counte
;ance yen' deathly, with a cold damny
,event on his.np.er lispinod torthend.
~ I prol;
;ed the Wound a=_
.far a.. I could, _ sar 2 or 21
inche It appes-ed to pass a litde below the
secoitil &Ise tfh, on the right side, ohliquelY,
I. made' no other examination. There was
blitod on his shirt, a spot as large a*. two hands
but it-waf,..then dry. I regarded the wound
as fatal, - and so told Mr. Archer, rear the bed.
Mr. Archer told trie he had giveT W i n. some
salts. I'..atg'itin told him \Vr n.
. could not live
and I should like to trace Out the ball after
his death. 11 , fore I left fOr home Mrs. Archer
reghested nic to call again, I told her I Would
-on Sunday.
.IThe Dr. then showed the jury
the direction the ball.tnust hare taken.)
.Cross-examined. George said in. had got
past the gun when it wear otT true gun-was
then exhibited in Court, and thetr..thought
It was the some gur, and he'd it upon.his left
- arm in the manner George haa'described it to
him) Ido not think it hit any bone.. Geo.
2804 le was loading the gun to fire at a stump
-in •tbe . garden, when it. went off A young
man arne: to Mr. Archer's while-I aas there.
. 140 not krrov whether he was there. when I
- l l * or not. I think.,there was a Sntall bruise
_rtpon Wrzi7s nose of-a trifling nature. The
'around on the back -Was -carried by a rifle
1411. 1 bhciuld think about the same slie:the
tine here i'ould einv.
- DAVID A. l'' xsu.sworn..--4 saw George
Archer. a' I w s going to • the store above
4/
- Potter's Mill; tile same day Wm: was shot.-
---- He had 41e,en after the Doctor. I told him he
had dun e a bid job for his.hrother:Wm. He
said he- knew that..l,ut he could not- help it:
George said the fittia commenced at the table.
Wm...first clinched Mr. Archer and threw him
- - - iloWtt. Mrs.. Archer"and
.Theodore took him
olr - Wm. then took down the gon to shoot
' Isis-father but, could not get hie gun round for
the store pipe. Mr. - Archer then' clinched
him and•took the - gan away from him, took
it'out doors - and laid it down by the fence. in
• the snow. Mr. Archer Came into the_bouse
to get Wm's .clothes to send - hiin - away.—
While he was going np, Wm. went out doors
and got gun, came into the ['owe and sat
down by the stove,-to wipe off the ; Geo..
said.,,,:he expected the fuse Was all °val. - then,
- , and 'took down Ms gun to go - Rahbithunting.
- Mrs. Archer was on the other side of the stove j
baking pancakes. Wm. knocked the old
wowan over, and he thought he had killed
2-ber.' - He • then rushed at him with his gun ,
conked and it went off somehow but he did
not know how. • He -ssid he then went immetti
lately for the .Dr.-. and:did not : wait to see ,
where he was shot.' I told 'hint he bad shot ,
this brother in the back- —lle said he did not
_know . bsw ..that could be, when Wnct:Was
,coming at 14m.
. Cross'-t * '13 1 11 1, Ri. , . I was at Mr. - Archer's
is the_mcrningLetween Sand 9 o'clock.—
* conversation wtsi with George in the P.
- - .)Usolne two milks (A vuore'ftOrn Archer'i.- -
1" lite witblit about 4 re it,. of Areber , i. . my
-father tent sne in• th e laeral , K up t-o - Mr: - Ar
thee'a to ass if 1 "could 4 buy - t; 0rg ,, , ,, gee ,
•
-vita was. the. reams of my t''klift, there.--;-
George said lie was fixin g %is g u rt; g o hutit
-
Rabbits.- .
• -''' lo'N.s.s . W seisis. -"sworn.-7' was present ,
--.- Ii . • .--• • I c•-•tutined• ri.. ~,„i c . .
at I. le. Ditittu.,,, ~,
...
was.three and a half inchei • from tha hip, on
the yt, side Of the bask bone. The shape was
round, and appeared tohe nearly straight in:
Georg was there the . night of the inquest.- 7 -
It was - Saturday - night, - When we were go
ing. through _the bars, Geo'rge said there is
nothing to fertr,,or*Oo - rear now, that we 10e,
got rid of Dili..., When we were going, home,.
he told how it - happened. He was then in
the custody of thescoustable. He told how
he stood with the gun on his arm in the door,
his back toward!' the move, on the left side of
the door. He was putting a cap on his gun.
William caught hold of the gun to get it out
of his.wav as - he went out of the door: He
took hohi near the metzle, and pulled it round
and pulled the hammer from under bis finger'.
.By having bold of it ns be ran, he brought it,
against his lock,- and the gun went off: He
did -not think it hit him. He told about his
falling outside the, gate. The gate is abirlit
Bor 0 paces from th door. He thenvaited
after the Doctor, leaiing his father ta , bring
William to the house. 'He said be wag ;go
ing Rabbit hunting. He said be beldhis gun
: on his left arm. • , t -
Cross-examined: Mr. West was present's!
the time of the conversation. I did not in
quire of George, he told of his own accord.—
lie said there bad been a•fuss, cannot tell
what, he did not de'cribe the fuss. This is
as he , told it. lierdid .not say the gun was
accustomed to go off. He said be-and' Wm.
had not had . any fuss . The bars. are about
30 rods from • the hoUse. lie directed his
conversation td any one-that had a mind to - .
hear. We started from the house together.
The Constable was along. It was Saturday
night about ten- o'cluck,.soon after the ar
rest.,
STEPHEN A. REYNOLDS, sworn.—l went to
Archer's, the morning- Wm. was shot,
With, Mr. Washburn. George - came down
where I was at work, and wanted I should
- come up there as soon as -I could. Mrs. Ar
cher was aitting'in a chair by the fire. Mr. A.
and Theodore, were standing at . the other
'side. I *eta into• the room where Wm. was.
Mr. Washburn was standing by the side of
.him. He was in pain, rolling and tutnbling
about. •I asked him how lie was hurt. He
said he was shot. I saw Mr. Washburn ex
amine- the wound. It was on the left side -of
the back .bone.
`. Cross-examined.- Mrs. Archer seemed in
pain at first„ bit soon got over 1G .
D., F, Bas\DACE , recalled.--I believe the
ball went to the right of the false rib. I ex
amined .to see if the ball hit the spine. It
did-not hit the second - . There was nothing
to obstruct its natural course.
• Mts. 11. T. - Ilst - sn, sworn.—l was at Mr.
Archer's:in the fotenoon after Wm. was shot.
e appeared to be in very great distress. I
inquired of Mr. Archer if he thought the wound
was fatal, or if he would ever be any better.
He said'he feared he'would not.
Cross-examined. I stood - at the foot of the
bed by the window. He groaned most of the
time. When he called for anything it seem
ed hard for him to speak-. -
GEo. A. Buusit;," Sworn.-I...have known
Wm. Archer _several years, I think he
_was
about 21 years 'old. He was not very tall,
not, taller than George; well built, thick set,
solid fellow. I was there hefare, noon, he
was in _great pain. I asked Mr. Archer,what
he thought of the wound, I stood near the
foOt of the bed. 'lt is a small room, but large
for abed room. Ido not recollect what he
told Me. He helped Wm. up and down.. lie
asked:tee whatl thought about it. I replied
I did not think hd could live twenty four
hours. _
(, - ',ross-examinett. I was near the foot of
the bed during the conversation, on the side
of the Window. -Me room goes across the
end of the house. Size of the hou4e 10 by
20. The-,window is in the southwest side.the
bed is, Opposite the window. I think the door
wpc 1. Z- - r r - al.,
Our conversation was in the common tone
and might have been heard by William.
(A.t this stage of the trial, the counsel for
the defence objected to the introduction of
the dying declarations of Wm. as evidence, on
the ground that there was not sufficient evi
dence to show that he was conscious of his
real condition, which objection was sustained
by the Court.)
D . A. b'stt - !.n, recalled. Win, said he
could take some salts, but did not think they
would do him any good. This was Friday
night. He died on Saturday, at half past 1
o'clock. •
G. A. B ErEFI, recalled.—As near-as I can
recollect ms conversation was before noon.—
Wm. appeared to be badly hurt. Ile had the
appearance of a dying roan. He was very
nervous, could not° stir without help. 'Reap
peared cold,rnuch of the time.
Mrs. 11. _T. But-sn, recalled., Win. ap
peared very chilly, complained much of be
ing cold, and called for more bed clothes.
S. A. REittotos, Recalled. I saw Win's' ,
-bat as I. passed through !the bars, some
,two
rods from the house. It lay up front the gar
den on the right side, some 5 or 6 feet from
*the eater There were some tracks !there the j
hat lay. Did uoi see any blood there, bilk'
did see some between there and the house.—
It might have come from his nose. I did not
see his coat. -
Cross-examined. There was some snow on
the ground. Did not see the mat ks of a per
son;
but there were many tracks. Did not
notice in particular for that. The gate- istot '
quite two rods froth the house. .
- JAMES C. lirSIMELL, sworn. —I did not
measure the distance to the gate but saw it
measured. .. It was - 22 feet from the house.
I saw the wound - .---It—Was_on_the_left side,
about one half inch trom the back beim and
about 3 inehee above the -hip. It Was per
fruity round— I laid my iule on it and turned
it to see its size. I made this examination
after his death.
Cross-examination. The dianieter of the
hole was about half - an inch. (The jury was
qualified nd went to their room about 7
u'elock.) -
G. A. Bitcsu, Recalled. I aft* it coat lay
on• the bed! which Mr. Archer said was Win;a.
I examined it and found the ball hole. (The
coat being produced was identified as the same
one.) I looked to see if there was any pow
der o - r burn upon the coat, particularly. I
I did not see any, either of powder or fire. The
!hole appeared_round as near as I could see.--
I think it
_wr:itild have burned it.and made
boles in it had it been near the gun. I have
handled a guo l ever since I was a boy. - ---Htbe
muzzle of the 4un had been-within 6 feet, it
would have been P burned or hlackened, as near
as I - canjudge. I have seen experiments tried.
(They here showed the witness another coat
_upon svhichcxperiments had been tried. He
pointed out one'hole made at 4 feet: distance
and one 6feet. Fire being on, it in both cas
es.) A. L. Webster held thegun when the
trials were-made..
_lt was George Archer's
gnu that we used. -
Cross-examined. Mr. Webster - had the
gun. Took bullets that .would fit it. It was
done day before yesterday. , There was a
patch on the ball. I suppose the ball was
down, as it is-not safe to fire Unless it is. We
laid the coat on the sill of the. Louse as . near
as. it would lay on a person, as we could.—
There was fire on the coat - but could not tell
whether it took on the coat or cause from the
gun.
Yeti Bacsa, recalled. I saw William's
fotgrtigui I was at Mr. Archer's. Me
- - -
coat exhibited here in conrt is the same coat
I saw at, Mr. Archer's: . •
Cross-examined. I did not notice as the
coat was blackened any by polder. 'Mr.
•Brush said that if Wm. had been so near by
at the time the rifle wasidischarged the coat
would probably have been burnt. :But I do
net remember when he said so.
D. Trt.sn, sworn.—l examined the wound.
It was near the back bone. There was no ap
peatance of powder near the wound. The
wound was onAhe left side of the: be& bone.
J. C. Busimm, Recalled. I did not sea
any powder around the wound. It was then
evening, the body had been laid out in its
grays clothes, but 1 examined the wound v,ery
closely. • _
JOSEPH WASHBURN, recalled. I did inot
notice any powder near the wound. I exam
ined it closely when I laid him out. I should
think by the appearance of the hole on the
outside, that the ball went straight in. The
wound was on the left aide of the back bone.
It appeared round.
- Dr. liituatisnx, recalled. I think Wil
liam's death etas caused by tbe'wound before
mentioned. '
DAVID AVERY, sworn.-4 was on the in
quest. I think the wound'was a little one
side of the back bone.i
W. IC TYLER, sworn.—l saw. the wound
before mentioned. [Owns a little one side of
the. back bone. It appeared to go directly
'in. 1 did not notice any powder at all.
Win. REYNOLDS, Sirorn.—l - examined the
wound: It was round, and appeared to go
directly in.
,W. W. STEARNS, worn. — . l examined the
wound before mentioned. It was a round
wound and appeared to go directly in. There
:was no powder at ally on the 'clothes or skin.
.1 should think the powder would have black
ened the coat some Six feet distant. Much
depends on the loading of gun. It will
not burn or blacken so much in the wind as
behind a building,
-Here the Commonwealth rested, and the
Defence was opened by the Ron. William .
Jessup with a few brief, but eloquent remarks.
"After which the Defence proceeded with their
testimony.
EVIDENCE FOR THE DEFENCE.
•
GEO. WALKER, sworn.--LI am acquainted
with the house and premises of Wm. Archer,
Ararat. (He then eitunined a map exhibited
in court,) and said is a correct represent
tion of the place." tdrew it. The - house is
16 feet by 20. It is twenty-four feet to the gate
post.
• Wnr: ARCnfin, sworn.—On the 10th of
November, there citme- a little' snow. Mr.
Washburn's-two I.mis were at my house that
evening, and agreed!to go a hunting the next
day with my . boys. I got up early the next'
rnorningP—abont 5 O'clock to go to work, ma
king shingles. While Mrs. Archer was mak
,
log breakfast, the prisoner at the bar, the,
deceased and another had some words. I did
not heed it at-first, Or pay muds attentidn to
it. Writ. began to curse and swear. I said
Wm. stop that, there has been fuss enough
for the last two yeais, and I wont' have it
any longer. With ;that he rushed at me: I
hit him on the nose. He 'then knocked me
down, and I could not get for the shingle
blocks. Llelticked me. Oldest boy pulled
bi ro ' o ff. H o was still razing and I hit • him
two or three times. Mother, the oldest - boy
and Theodore got between us. He then got
his gun down.
(Here the Cointrionwealth requested, that'
the Defendant's' Witnesses, should all leave
the court room and only one be called in at
a time, but it was finally agreed that they
might fill remain in the room. William Ar
cher then proceeded with his testitomy :) •
\Vm. then trent -on the back side of the
Stove and said he Would stop my career. I
saw a cap on the gun.. I then took the_ inn
from Wm and went out side of the door to
• t.. 1r 1 mu ore= it,
is would be the last I would ever break. His
'mother come to the door and begged of me
not to bleak- it, as it was not paid for, I then
mapped it. It; would not go off. It had
been wet. I then took it by the muzzle and
threw it as far as I could into the snow. I
started off, thought I would have Wm arrest:
ed. I had no handkerchief on my neck. It
was a cold morning." I went back to get one
to put on my neck. When I went into Alm
house, he came with a small beeq, as he
came, Jlenry caught hold of the beetle and
stopped him, Ile then went and sat down.
I told him it would be far better for him to,
leave the I:wise. He was always kicking up
a row. Ile said that he could get six shillingi
allay cutting logs.' , I told him he'd better go,
- for he made me much trouble. He then went
up stairs-to get his clothes. He swore be
would not leavi a living soul in the house
when be left, While he • was up stairs, his
mother tried to fasten biro up, but when he
came down-stairs to the door, he burst it open
by force. After he came down stairs, he took
the gun and sat down by the stove. I then
went up stairs myself to get his clothes.—
Mile -up stairs, I heard a great noise- below
A groan soon followed; and also the report of
a gun. I ran down stairs and found his
mother on the floor. I first thought she was
dead. i helped her up and soaked her mouth
out with a s lchohol
_and water. While doing
so, I heard Wm: say; on the outside, I am
shot. I heard George say for Heaven sake,
help him into the house, and I will go for the
Doctor. I left his mother with Henry and
Theodore and went and brought him in. He
was lying just dutside the - gate. I carried
carried him into the bed room and laid him
on the bed. I then went to see how his mo
ther was getting along. There was no one
present at the time but our family. Me and
my wife, Henry, William, George and Theo
dore. Henry is now at home, he is -not
capable of testifying. When I took Wm.,
George was going down the -road for the Dr.
William's gun lay about three yards from
the door: - I poirtted out to George Walker,
both the place where Wm and'his gun fell,
at the time , that Mr._ W alker l was at my
house. I saw Gk rge trying to get a ball
dOwn his gun a Short time before Wm. was
shot. I told hire be would get the ball fast
and could move it neither way, if be was not
cateful.
Goes-examination. I should think the
quarrel lasted about a half' an hoar. We
were at peace only about ten minutes of the
time. When I came down stairs William's
mother lay on the floor. I washed her mouth
I oat with aleohhl and, water for about five
1 minutes. The door was open when I came
down stairs. ;As I came down stain I
could look out doors. .1 do not knoi wbeth
-1 er I saw George's inn that day or not, after
William was shin. The day was . cold.
The door was 006 some ten m inutes. As
soon as I heto the report of the gun, I ran
down stairs. ' I could not tell whether i ewas
in the hotise or O6t, by the report.
Joseph and .Loren Washburn were inten
ding to go a hunting.with my boys that day.
I told Wm. he was always kicking up a row,
and he had be c tnr leaie home. :Geo. said he
believed be should fire his gin off at a stump.
I told Mr. Wilinins and Mr. Reynolds that I
expected some 'of my boys - would get shot,
they' were so careless with guns.
Turco° RE Arena sworn.—l was at home
the morning that Wm. was shot. - My father
went up stairs,l and Wm. knocked mother
dawn on the floor. When Wm. was shot he
went about three yards and
.drop* his gun,
and then went about fire' more,
,and fell.
When Wrn. started to run, I saw him. When
the gun went off was lying across George's
left arm with the muzzle of the gun rather
lower down. After the gun went off be stood
it up by the door, and called to father to take
care of Wm., dud Geo:run for the Doctor. I
think my mother was sitting in" the chair at
that time.
When father came down stairs mother was
lying on the Aron, and father helped her up,
and then washed out her month with alcohol
and water. Ido not think Geo. came into the
house that morning
_after Wm. was shot. I,
halleoed because I saw Wm. jumping to._
wards the door where Geo. was with the
en, and I was afraid that Wm. might
get shut.
Cross-examined.—l hallooed before Wm.
took hold of the gun. When the gun went
off, Goo. set his gun up by the dour. I do
not know as I saw Wm. between the door
and the gate. Geo. had been standing in the
door ten minutes, trying to make the ham
mer stand. He held the.gun all the time in
one position across his arm, inclined down
ward. It was in that position when it went
off. Can't recollect that either said anything.
Geo. stood in the door when father went. up
stairs. Father and Wm. talked reasonably
before father went up stairs. There was no
thing said hard by either for ten minutes.
There was no harsh talk after they talked
reasonably. Wm. said before father Went up
stairs: "By Christ he would kill every one
in the Moose" Father said if be could earn
six shillings a day, he had better go and
work.
He told him this before fie went up stairs.
I can't tell whether I did tell what father
went up stairs for. Did not say that, he went
upto get William's clothes or that Bill went
up and pointed the gun at him. I did not
tell Mr. Washburn, Mr. Walker, or Mi. Rey
nolds, that I did not knovi , how Bill was
shot. I did not say I was up stairs when it
happened. Did not say I did not know
whether leorge shot Bill out of the door or
window. George loaded his gun that morn
, big. Did not tell Mr. Washburn that I loaded
the gun with a small charge with which he
was shot. Did not say before the Coroner's
Jury that I loaded George's gun, but ray_gun.
I said that George got the ball part way down,
and I thenJelpod him. Did not tell Mrs.
Brish that Wm. fellclose by the door. When
Wm. was brought into the house I could not
tell—l might have been taking care of moth
er. I did not help get him in. I did not say
to Mrs. Brush " I brought Wm. in." I had
no conversation with her that day or the day
before. I did not.tql the Coroner's Jury, as
I recollect, that " I brought him in." I think
I told tieorge to go after the doctor. Don't
know . as I did. George-was standing by-the
side of Wm. I can't say where father was.
A very short time after Wm. was shot I Went
Out to him. I can't answer what the first
thing was that I did. I thiek I stood by
mother. Can't tell how long. I went out
to see Wm. before father came down. Mother
was sitting in a chair. I believe father
brought Wm. in. I can't tell how long it was
after he was shot. George went after the
doctor very soon. I was not out there when
father went out to bring him in. Wm. was
on the ground. I did trot stay out long. Father
was coming out when I went in. r was with
rattier rut!., k"u.. sleet tin broueht Wm. in.
It was after this — that he washed mother's
mouth. She was in the chair when it was
done. It was not dime before. Father met
me at the door. I was not over a minute in
going to the gate. There was nothing said
to William by George. 'I calletho father to
come and briqg him in, and he (Geo.) would
go for the doctor. Henry first took hold of
motherAben father came and helped her up.
Think s I saw him do it. Mother fell towards
the - stove. Wm. stood on the other side of
the stove. He stretaher with the muzzle of
Otke evi l eaeo, e"..1 Glad nt 160
nose and month. Pid not tell any one that
I saw Wm. all the time until he fell. I never
said that the ball stopped him d—d quick
when he started to runaway. I think I stood
between the stove and fireplace when Wm.
was shot. The two Mr.,Bushnells were pres
ent at the inquest.
AGNES ARCHER sworn.-1-I am the mother
of Geo. and Wm. Wm. was twenty years
old last January. Geo. was fifteen the second
day of last July. The Wm. was shot,
I made their breakfast quite early, and while
eating Wm. jumped up, and said it I was to
be boss he would kick me out of the house
His father told him to stop. He then knocked
his• father down, and kicked-hint. His father
afterwards got up and they bad a few rounds,
and then quit. His father then told him be
wished be would leave home. Wm. then took
his gutt down, and I saw a cap on it. His
father took the gun away from- him, and
tried to snap it,; but it would not go, and he
afterwards threw it away in the snow. 'Win.
then made for his father with ,the beetle.
When in about three feet of his father, Henry
caught it-and took it away from him. His
father again told him he had better leave.
Wm, then swore be would kill them all be
foie he left the - place. He went up stairs for
his clothes, and when he came down.he broke
the door which I bad fastened. After that
he stood on one side 'of the stove," and lon
the other founearly ten minutes. Geo. then
got big gun down, and got a stick about two
feet long to make the ball go down. He
afterwards got a cap to put on his gun, that
was the last, I knew until Wm. drew his gun
and knocked me down. Mr. Archer was et
that. time up stairs.
, Cross-examined.—The first thing I knew,
Mr. Archer was washing my mouth- with al
obol and water, and I was sitting in a chair,
Veit as if the chair-and all was lifting up, I
felt so bad in my head. I did not know
when they put me in the chair. Win. was
in the bed then. It was before Wm. went up
stairs that he swore so. His father told him
he would -get his clothes, if be would go
away like a good boy. His father went up
stairs as soon as be came down., He bad a
new cap on his gun when-be came down.
He told me slyly as he came into the house'
after his handierchief, that he thought he
*ould bare Wm. taken up, and bad not more
than got the words out of his mouth, when
Wm. tusked at him with the beetle. He
stood still ten minutes and Said nothing. I
thought be would go a bunting with Geo.
then. He did not;say anything to any one,
until he knocked me down. His father was
getting his clothes at that time, He did- not
bring them down. I found them. all tied up 1 1
after the fuss was all over.
I guess his father bad been up stairs ten
minutes, not over that. Theodore was stand-
ing between the stove and fire-place. Geo.
had not bean in thi door long. He had the
gun on his right arm. He_ stood nearer the
door than Wm, Wm. brougt his gun from out
doom and put a cap on it. His father was
in the house when he brought in the gun.
He,did not say anything ,to him. • He dried'
the gun and then went up stairs, He struck
me on the back of my bead, and raised a soft
lump as large as my fist and on my forehead
smaller. The large one is still there, and
burns )is if coals of fire were in it. I did not
show them to the Doctor. Did., not have
time to do it. The Doctor was in a hurry.
He staid about bairn hour. My head pato.
ed me terribly, in the fore part of the day.
I had too much .trouble - to feel it then. I
expected Writ would go a hunting with Geo.
as soon ss Goo. shot his gun off. 'Geo. and
Wm. never bad any troubh). - They spoke
friendly,to each other. Geo. did not come
near during the fuss. Ile had nothing to da
with it. If -any one put a band on Wm. at
such times ho was mad at them ever after.
This was in the morning. The gun was load
ed before breakfast in the other room. I
did riot see him load it. I said to Mrs.
Brush if Wm. bad not got wounded he would
have killed the whole of us. I 'did not tell
Mrs.. Brush the law would not - brat Geo., as
be was fighting in his own defence. I did
not tell her Wm, thought be was to be boss,
but be would find himself come under. I
did not tell her I expected the neighbors
would make a fins, but they'd fled we were
enough for them. I never said Wm. fell by
the door. Mrs. Brush felt of the bunch ou
the back of my head and saw the other 'one.
I was not with Wm. until a quarter of an
hour before he ,died.
URBANC• Bunom, sworn.—l was acquaint
ed 'with George Archer's gun; it was difficult
at some times to make it stand cocked. Mr.
Archer - had trouble with it at one time while
shooting ducks; while he was trying to make
it stand cocked it went off.
THOMAS Bau., assorn.--LI have seen Geo.
Archer's gun several times. i have seen it
go off accidentally. At one time when Thos.
Archer' endeavored to shoot a' deer it rent
off aecidentally.
Cross-examined. It was three or (our weeks
before Wm. was shot that the gun went off
accidentally. I was near by at the time. Geo.
also had difficulty the awe day in getting a
ball down his gun, and I assisted him in get
ting it down.
F. B. CHANDLER, sworn.—l hare been
somewhat acquainted with rifles in my time,
and I should think that a rifle would car . ry
through any =mil it did not hit anv bone
in the body, at -the distance of thirty rods. I
have a rifle in my possession that I can shoot
a . ball through a chestnut post six inches
through at the distance -of 10 rods.
Croes examined. I should think it would •
leave powder on the 'clothes at the distance
of six feet.
(The remaining testimony 'was called out
by the Commonwealth as rebutting - tetstimo
n-)
- THEODORE A ra. HEE L recalled.—T stated
before the Coroner's Jury that Wm. ran into
the bedroom with the beetle. I have said
nothing about what to swear to with father
or mother this week. I have not heard fa
ther or mother talk about the affair since
Wm. was shot. I recollect about father talk
ing with Mr. Jessup about it in his office
last evening.
Wm. Alienist:, recalled --I do not know
but I stated before the Coroner's Jury that
I saw Wm. coming out of the bedroom with
the beetle, but 1 did not say that I saw him
go tn.
JOSEPH WAUSBVRN, recalled.—l have
heard Theodore say that he was up stairs at
the time Wm. was shot. I heard him say
that he did not know whether Wm. was.abOt
out of the door or window as he was up stairs.
I think Mr. Reynolds and Alonzo Walker
were plesentit the time of the conversation.
Theodore said the gun was not loaded very
heavy he knew, for he loaded it himself the
day before.
Cross-examined. My conversation
. with
him was about noon. Theodore said he sup
laved Wm. was trying to run away but the
ball stopped him d--d soon. I 'nave been
,talking about the affair with Mr. Bushnell
since I have been in Court, although but little.
Azoszo IVALKEpt sworn.—l think I have
heard Theodore sa y he was stairs at the
time Wm. was sh ot. I think it was on the
day of the affair theard him sly it. I heard
him say that Wm. was trying to run away,
bur tbesball stopped him d—d quick. Be
Baia he did not know wether Wm. was shot
out of the door or window. This converse
1,;oe wee et my houno.• Some time in the
forenoon, he came to my house to see Mr.
Reynolds, about going after the Doctor, I
believe.
Crows.examined.—Theodore said the battle
in the morning had got too hot that be had
fled up stairs for safety. There were some
questions asked about the affair by thy wife,
but I cannot recolle c t now exactly what.
Theodore said they had a quarrel that mor
ning,- but could not say- much about it:
Brush, Recalled ; —Mrs. Archer told me
that, if Geo. had nut shot Wm, he would
have killed the whole family, she- guessed.
She kaid Geo.-need not to be afraid of the
law as he was fighting in his own defence.
When we werelaying Wm- out, Mrs. Archer
said she Supposed the neighbors would make
a fuss about, it. She said on the morning
Wm. was shot, Wm. always had been boss,
but she guessed be would find-he would have
to come under. Mrs. Archer called upon me•
to'examine her head. I found a bunch op
her forehead, but none on the back part of
her bead. (bunch's from bruins, I mean, of
course.) Theodore said Wm. fell right by the
door sad be went and brought him into the.
house. This statement was made at the
time of laying out the corpse. I heard Mr.
Archer any at the time -of the quarrel, that
Wm. ran into the bedroom with the beetle.
Cross-examined.-1 was at Mr. Archer's in
the afternoon on Friday. I found Mrs. Ar
cher on my arrival at the house, in the corner,
complaining of her head being rely sore.
Mrs'. Archer sat in the chair all the time I
was there. She said she had been knocked
down by Wm. and bad also been insensible
,
She said sh'e did not know when Wm. was
'shot. She said she presumed Deacon Rey
nolds would make a fun shalt it. I noticed
a bruise on her forehead that morning not
very old. I noticed nothing unusual in the
manners - of Mrs. Archer. She appeared.some
exited by times. I asked her where her hus
band was when Wm.was shot. She said he
was up stairs, for she remembered his going
by her when she was laying insensible on the
-floor. Mrs. Archer used much profane
language while conversing upon the subject.
I hare thought and said much npon the
subject.
G. A. BRUM!, recalled.—Mr. Archer said
when be let Win. up from the floor he caught
up the beetle and ran into the other room.
He did not s a y what be went.in there for.
EBENEZER BErsuritu; sworn.-1 was one o
the Coronor's Jury. I heard Theodore say(
be loaded the gun the, day before Wm. iia4
shot. He said the gun was lightly loaded.
He said be was putting on his boots at the
time Wm. was shot. He had on one boot
and was drawing on the other somewhere
near the stove. He seemed •somewhat com•
posed While giving in his te s timony before
the Coronor 'sJury. The rifle .with which
Wm. was shot, was formerly owned by the
counsel for the Commonwealth, Mr. Bushnell.
I think the gun would not go off half bent.
Theodore said be went out and asked Wm.
to come in after be was shot, and he refused.
He and his father then went and brought
him in. -
Ww. Rim:roma, recalled.—l was one of
the Coroner's Jury. Theodore said be loaded
the gun the night before with a light charge.
Ire said he did not see Wm. fall when be
was shot.
THILODORE DOYLE, ,sworn.—ll was one
of the Coroner's Jury. Theodore mid he load
ed the gun before Win. was shot. He_got the
ball pan way down and could not get it any
further. The gun was lightly loaded.
Damao' TYLER, lecatled.-4 was one of
the Coroner'," Jury. Theodore raid be loaded
the gnu the night befire Wm. was shut. He
could not get"the ball down very well. lie
said he asked Wm. to - come into the house
* w h en •he was shut but he refused.
,Cross-examined. ---Theodoro statements
were contradicted before the Coroner's Jury
although he did not seem, much ,Confused - at
the ?time.
After the above evidence was submitted to ,
the jury, Mr. Bushnell in behalf of the Com.-
monwealth, reviewed the evidence with some
appropriate remarks. - He labored to show
the jury that the statements of the Witnesses
on the defence, went to coroborato the charge
in the indictment. Mir. B. spoke one hour
and a half. He was then followed by W. 11.
Jessup,lor the defence. Mr. Jessup was much
moved in his opening remarks, showing that
his heart was in his work, at the'time, if never
before. -He . of course took the opposite side,
maintaining that the occurrence was purely
accidental, and that the prisoner should be ac
ituitted_ for that reason. • Ilis argument oc
cupied the court and jury three and a half
hours, during which time,thesptctatorsllling
the court room to overflowing, gave the
closest attention. He Was followed by the,
Hon. Wm. Jessup, also for the defense, in an
able, clear and pathetic argument, of two and
a half hours. Mr. Bentley . then closed the
argument on the part of the Commonwealth,
in a masterly effort of reason and fads found
in the testimony . of the case. " Mr. Bentley
spoke two and a half hours, end lodge Wilmot
delivered his charge to the - jury on Monday
afternoon, the 25th, as follows:
CHARGE OF THE COURT.
The COurt read to the jury the definition
of murder as.given in the - first paragraph on'
33d- page of ThartoriCit_Lair of Homicide,"
and remarked that our statute bad divided
this offence into two degrees—that our statute
had not given a new definition of this crime,
different from the common law, .but bad pro
vided that only certain kinds of murder
therein described, should be deemed murder
in the first degree, and punishable with death.
Before rendering a verdict of guilty against
.the prisoner of murder in She first degree,
the jury should be fully talitfled, that the
killing was not only done wilfully, but with
deliberation and premeditation. The law ina .
plies the malice necessary 'to constitute mur
der from the-killing' with a deadly weapon,
such as the pr;sofier had in his hands; but
in order to constitute murder in the first de
gree, under our statute, something more is
necessary—the weapon must have been used
with.deliberate and prthaditated intent to
take life, not utnin sudden impulse and pas
sion, or under circumstances indicating the
absence of such deliberate and premeditated
design.
The Court here read from the 34th page of
the "Law of,liomicide 7- before referred to, as
follows: "The killing proved, even though
nothing else be shown, it has been repeatedly,
held in_ Massachusettss that the offence is
murder; the burden of extenuation being - then
thrown on the defendant; and such is un
doubtedly the general rule. In Ohio, the
presumption of killing, alone, is that of mur
der in the second degree, and so also - is held
'Lb be the law in Virginia. In the latter State
however; it said that when the mortal- wound
is given with a deadly weapon, in the slayer's
previous possession, thoro Lein; no evichtacii
of provocation, the evidence is prima facie
murder in the first degree; and so, also is the
rule in Pennsylvania. Let us look at those
facts in this case, Which - are so clearly estab
lished as to be relied upon with cer ta inty.—
Such facts as the Court and Jury may lean
upon with safety. We may w s ith safety say
from the evidence, that the deceased came to
his death by the discharge of *gun in the
bands of the prisoner: Here we have a kil
ling by tberprisoner, with a deadly weapon,
and the legal. presumption, as we have seen,
is murder, at common law, and as we have
indicated murder in the second degree under
our Statute. We can probably proceed one
step, further. wi t h certainty, and say that there
was an angry and exciting quarrel in the '
family that morning, immediately preceding
or at the time the gun was discharged. Man
slaughter is the-unlawful and felonious kil
ling of another, without malice , express or im
plied. When upon a sudden quarrel, two
persons fight and one of them 'kills the other,
this is voluntary manslaughter. So if a man
he, greatly provoked by,itily gross iedignity,
and immediately kills the aggressor, it is
manslaughter. In considering, however, of
this case, roil should not lose sight of the
wen on used. Of all the circumstances sur
rounding, a homicide, it often happens that
the weapon used afford the best clue to the
intent with which the act was done. Death
might arise from allow with a cane, as4ell
as from a gun shot, but the inference as to'the
intent of the allayed arising out of the two
cases, would be wholly different. • The inStru
meat of death in this case was one of the
most dangerous and deadly that, can be ern
ployed. •
Here the Judge proceed to consider the
hypothesis of innocence set up on the partof
the defence. After be closed his charge to'
the Jury they retired to their room at 4
o'clock P. M. Tuesday morning at 10 o'clock
the Jury rendered *verdict of "guilty of
murder in the second degree." The follow
ing are the names of the Jurymen impannel
ed on the - above trial. Millbourn Oakley, - of
Harford, Foreman,Charles Dunn of Mon
trose Joseph Stan ly, of Choconut. George
Stevens of Dimock, Lucius Smith of Jessup,
Daniel Shelden of Springville, Milan' Birch
ard, John Brown, and Thomas Meehan, of
Forest Lake , Mortimer Gaige,,Jr Michael
Hill, and Eward Hoag, of Silver L i ake,
The number of witnesses on the part of the .
Commonwealth was fifteen on the defence
seven.
During the entire trial there. has been a
large ccincounse of citizens present including
many ladies who gave the most profound at
tention to the proceedings of the trial.
The prisoner has not yet received his sen
tence. O. C.
Gen. Lane Not Dead.
Hardly a week passes that the" press has
not a rumor of Oen. LANE'S death. ,The
Missouri papers of a week ago. said he wait
killed at Fort Scott. ,The Missouri Democrat
has a letter from Leavenworth, datet Dec.
10th, stating that he was shot at Lecompton
by an Indian Agent. We are fully satisfied
these reports are set on foot to keep Gen.
Lane's name before the public ; and that there
is a purpose in it by interested persons.
Those in search of truth will not find these
reports denied nor noticed again in our ca
lamas. , When the General is killed We shall
write a great long obituary, which every
body will read, and know for a certainty he is
Aiead, provided always, we continue our con
nection -with newspaperdom that long.
'Kansas Herald.
Gov. PACILIt t B C.►azNEl.--Hon.. Wm. M.
Heiater of Berka, Sweaty of. the Common
wealth; 11. L Diffenbach of Clinton, Deputy
Secretary of the Commonwealth; and Hon.
John C.llnox of Tioga county (late, of, the
Supreme Beneb) Attorney General.
Gan. Soorr sap tux MorelloNs.—lt is our
rently reported at Washington that Gen. Scott
will leave for California by the next steamer,
to superintend the Army movements . f rein
that: lace anainet the Mormons,
--
ILINArth . Congrelrirst sessib h . -
• 'Wasn't:mot:, :Jan. 19; 1 . 968.
6silaiE.—The Vice 'President laid; befbro
the Senate a message from Oa President trans
mitting a copy of the convention between
the United States and Denmark,:ons the subs
ject of the Sound Dues.
On motion' f Mr. Seward; a resolution was
adopted requesting the President; if not in
cotnixstible with the public interests, to Coat
munteate to the Senate any information iii
his possession derived front officers of the Uni
ted.Statos initradron on the coast of• Africa, or
from the British or Freecit Governments, or
fr - om any other official sources, concerning
the revival of the African slave trade.
Mr. Houston announced the death of Sens
ator Rusk, his late colleague, and, stated. that
deceased was born in Perilli;ton, Soutlr Caro
line, and descended from an Irish patriot who
immigrated to this country in conequence o f
the troubles of 1791.. He traced the history
of his life, and feelingly alluded to his eminent
services- in the l'exal Revolution, and the
various offices filled by that gallant gentlemen,
who was not less•distinguished - for - his -
esty of. character than he was for heroism and
practical genius. He stood conspicuous in
everything that was good and great, arid his
death could not but be regarded as a national
calamity. Resohitions of respect were adop
ted.
HonsE.—Mr. John Cochrane presented a
petition from -Isaac V. Footer and others
for appropriation of public lands in lim
ited quantities to actual settlers, and 'remon
strating against further trafic in and mettopoly
of the same.
The speaker announced Messrs. Hughes,
Jenkins, Purviance, Brran and Thompson as
a Special Committee to examine the Recounts
and'official conduct of of N. Dimling, late
Doorkeeper of the House.
The proceedings of the Senate consequent
on the death of Senator Rusk hpving been
received, Mr. Beagan paid a tribuN to the ii.
lustrious deceased—the brave, the generous,
popular commandant in, battle, and az'states
man who so long and sz . ) faithfully served in
the councils of the nation. Resolutions of re
spect were adopted
WAsniNtaos., lan. 20
HOUIRE.—The Speaker laid before the
House the resolves of the Nebraska Legisla
tive Assembly, stating that a very large ma•
jority of the legal voters of the Territory voted
for Mrs Ferguson, whose seat as delegate 'was
contested by Mr. Chapman, and repelling
certain aspections that had been east on Mr.
Fergugon's charactel..
WAstUNGToIs, Jail'. 21
SENATI2.—On motion of Mr.'Yufee a reio
tution was adopted requesting the Secretary
of War to furnish such estimates of• the
amount of the appropriation necessary to
such carts of the volunteer force operating in
Florida during the past year as bad not been
paid, for want of appropriations applicable to
this purpose:
Mr. Johnson .0 Tennessee, from the Com.
mittee on Public Lands, reported back the
Homestead bill and"recomrnended its pa s sage.
Made a - special order for the second Monday
in February.
• HonsE.—At the instance of Mr:Burlin
game the oath of office was administered to
Mr. Gooch, the : sncceAsor of Mr. Banks.
From the North Branch Democrat.
lion. R. K. Little.
•
Mr. Lank, after an absence of about nine
months at Washington, in the discharge of
his duties asJudge of the Navat Court of In
quiry, has returned to his home and - friends,
and will resume the practice of his profession.
Judge Little , has proven himself every way
fitted for the position to which' he was called,
and the Administration have exp . ressed, their
entire satisfaction of the manner in which hi
discharged tire - arduous dudes of his office.
be seen from the following paragraph
which we clip from the Herald of the Uni.»,
a ra - dical,Democratic paper, that the labor,
of the Judge have been appreciated, and the
high compliments awarded him must be a
.source of grstification to himself, as well as
his friends. - Wyoming county may dell feel
proud of Mr. Little, who has dia.:barged his
duties in stich a manner as to command the
respect and approbation of Mr. Pti:::han'abis
Administration. Tlere i, the paragraph allu:'
dell to :—,
"lion. R. R. Little:Judge-oldie Inquiry hr
Washington, passed through this place . on
Weduemiay last, en route for hi% 11,,me in
Wyoming County. ‘Notwithstaild his ardu
ous duties . whith occupied his time nearly
fourteen hours out of - every twenty-four; Mr.
Little lool?s remarkably welt aud his many
friends, both political and personal, will be
grati
fli
to learn of his popularity at the seat
of Gov rnment.—A friend of ours recently on
a visit to Washington, heard Mr. Buchanan
say in 'a very. emphatic manner, that Mr.
Little was performing his duties with' great
credit to himself, .aud perfect satisfaction to
the Administration. Secretary Toucey, also,
lately looking over the legal opinions of that
Court, took occasion to say, they, vere evi
dence at a high degree of legal ability and,
were an honor -to the Judge. Mr. Little
has always been a 'firm and reliable Demo
crat and for this reason wo lika• to see him
rewarded."
ess• .a:
, • Counterfeiters Arrested !
Desperate Fight' near P swains, .
- _ Mess Mortally Wounded ! ! •-•
There 'appears, to be an organized gang of
counterfeiters operating at the present time
in this valley. And the incidents connected
with their operations for the wsek past affords
us materials for qiiite a chapter on the. sub
ject.
On Saturday evening last a man by the
name edam Robbins called at the hotel of
W. M.-Keen - in Archbald, and in paymentfor
drinks obtained, offered, first a $5 counter
feit bill on the Onondaga Bank, Syracuse,
which was refused: Next he offered a worth
less $2 bill which was "refused. He then pre
sented a $lO note on the Roundout Bank,
N. Y which was accepted, and change giv
en hiai in good money. After Robbins left a .
close inspection demonstrated that also to be
spurious. He was followed late in•the even
ing to Carbondale, was arrested, taken before
Lewis Pugh Esq., examined and Committed .
to jail in this place to answer the charge of
passing counterfeit money.
We learn that an attempt was made to ar
rest a gang of counterfeiters near Providence
on Monday last by,ttie constable of that tier
rough*and township. • The men showed fight,
and in the melee beat one of the offiCers,"
Mr. Holden Vaughn—so severely that his
life is despaired of; VsMghe's skull is said to
lie fractured., In the mean time the wounded
man's companion came\ to his rescue, and
Oed his revolve? with such effect as to wound
one of the assailants in the abdomen—.who
also is not expected' tolive. Subsequently
a large reinforcement was obtained and nine
of the Participators in the affray were at
arrested.. •
We Understood that i t vons;wlin passed the
counterfeit money up the valley, as chroni
cled by us last Week, has been arrested,and
lodged in jail at Wilkesbarre —Carbondk
-Advance,
Sifr' To all whwsutfer from ftreaknessan ,
Dibility, we say, try the Oxygenated Bitters
medisine‘whieb containino alcohol, and
has cured.the worst cases ofDyspepsia, Astli•
ma stud all tletanements trot thostoglacli:
•