eccentricity of conduct in any man's life can never be considered an excuse for wilful crime. It never has been. But I deny that the prisoner is crazy. If at previous intervals he may have exhibited such symptoms it has no application to this case. The hinge on which this question must turn is not as to Counsel for the prisoner asks Mr. Coalter not to anticipate. what defense is to be made, but simply to state the facts the State expects to prove. Mr. Coalter. I thought it fair-and in fact to the advantage of the prisoner-that the views of the State should be fully presented in the opening. I desired also to advert to this plea of insanity at this time, in order that the jury might keep their minds upon the conduct of the prisoner, as proved before them, and judge how far his actions corresponded with those of an insane man. But perhaps enough has been said. at present, and therefore I shall close by requesting the jury to weigh well the evidence which shall be given, and thus be prepared to say whether the prisoner did the act as charged against him, and if he did, was he in a responsible condition of mind, and thus be prepared to render a true verdict in the premises. THE WITNESSES FOR THE STATE. Robert Walker. Am chief engineer of the North Missouri Railroad; knew Basil H. Gordon intimately for nearly twenty years. Early in January, 1856, Mr. Sturgeon and I determined to go up the line of the railroad. Directed Mr. Gordon, my principal assistant, to accompany me. The weather was so cold as to induce me to purchase these gloves (showing a pair of fur gauntlets). and advised Mr. Gordon to buy a pair just like them, where I bought mine on the corner of Fourth and Pine, St. Louis. Gordon had a pair of fur cuffs which, I told him, would not be sufficient protection. He got a pair of gloves like mine. On the evening of Sunday, January 13, we left St. Louis. Mr. Sturgeon and myself took the cars to St. Charles; Mr. Gordon on horseback. We stayed that night in St. Charles, at the house of E. L. Wentz, one of my division engineers. On Monday morning, Mr. Sturgeon, Gordon, Wentz, Pratt and myself, accompanied by a negro boy (employed by Wentz), left, and after several days arrived at Bourbonton, in Boone County, previous to which Wentz left us. Mr. Sheerbarth, another division engineer, had joined us. Sheerbarth and I were in a sleigh. We all had our daguerreotypes taken but left before the pictures were finished; and it was arranged that Gordon, on his return, should take one to Wentz's office, at St. Charles, and Sheerbarth would take the other. We reached Huntsville, Randolph County, on the evening of Sunday, January 20. Next day we left Huntsville. Mr. Gordon, parting with us, to go alone, directly to St. Louis, while Mr. Sturgeon, myself, and Mr. Pratt went on to Jefferson City. Mr. Sturgeon and I arrived in St. Louis on the evening of January 26. Found, to my surprise, that Mr. Gordon had not yet returned. Several days passed and I became uneasy; but as the weather was intensely cold and stormy, thought Gordon's absence might be attributable to this cause. Later I heard that a man named Ferguson had seen Gordon. Found him in bed; he told me that Gordon was accompanied by two strangers, whom he described (here the witness was stopped). Well, from the statements of Ferguson, I suspected foul play. Directed McDonald to go on a search. On Tuesday morning, I went on a locomotive over to St. Charles; there was informed by Wentz's negro boy (witness was here stopped). At St. Charles then I received information which convinced me that Gordon was murdered. Took Mr. Pratt with me in a buggy. We passed up the Boonslick road, making inquiries, without hearing anything of Gordon, until, late at night, in a snow storm, we met McDonald and Wentz near the spot where we afterwards found Gordon's body. From there I learned that Gordon and the two men had stopped at Hutchinson's (witness stopped). Well, then, I received information which convinced me that Gordon had been murdered between Hutchinson's and St. Charles. Hutchinson keeps Private Entertainment, about four miles east of Warrenton. We all returned about five miles back to Kenner's Tavern, where we stayed till morning. After breakfast Messrs. Wentz, McDonald, Pratt and myself turned westward toward Hutchinson's to search. We found a gentleman (whose name, I believe, is Stevenson), who told me a saddle had been found by his mother's negro man (objected to and objection sustained by the COURT). Saw the saddle at Mrs. Stevenson's; a dragoon service saddle, with initials on the pommel. Went to the spot where it was said to have been found, in a thicket, and about half a mile south of the road. The snow was very deep. We searched unsuccessfully. Decided to go to Warrenton for help. On my return the body had been found. Recognized it as the body of Basil H. Gordon. It was between the traveled track and the fence, in a gulley. Think the body had been carried forty feet. Discolored snow (red) was near the traveled road, within two or three feet. His gloves and fur cuffs and cap were not found with the body. His overcoat was unbuttoned, except the two top buttons. His pockets were turned inside out. His breastpin was the only thing of value left on him, and was concealed by his coat. Captain Couzins and Mr. Wentz went in pursuit. On their return Cap tain Couzins handed me this Gor At Vincennes, I found Gordon's horse, saddle and bridle in possession of Mr. Gould. On Capt. Couzins' return, he showed me a daguerreotype case similar to that produced. Cross-examined. Don't know the writing on the watch paper. Know the names of Gordon's father and mother, but never saw them. Either Couzins or Wentz took out the paper and showed it to me about the time the watch was handed to me. Never saw this watch paper in Gordon's lifetime. evening of Monday, January 21. The spot where we found the body was perhaps 74 or 75 miles from Huntsville. I was not there when the body was found. They had raked off the snow so that, though his face was uncovered, I saw only glimpses of his coat. Don't know what became of the saddle found in the thicket. Left it at Mrs. Stephenson's. Don't know how Mr. Gordon's clothes were marked. He told me he bought clothes for that trip. Re-examined. From the traveled track to the discolored snow could not be more than 2 or 3 feet. From the top of the snow to the bottom of the gully on the day the body was found, must have been about two or three feet deep. The soil is red clay, very tough, but easily washed. This Warren V. Stuart. Knew Basil H. Gordon. Lived at Warrenton, Warren Co. Last time I saw him was January 24, 1856, a cold evening and late, at Warrenton. Saw him on horseback, setting near Mrs. Sander's door, the principal tavern, about 4 or 4:30 P. M. Prisoner was sitting on a horse, about 30 or 40 feet from him; and there was a man also, I don't know who he was. man I spoke to. He was not then on his horse, but afterwards he got on his horse and went off with Gordon and the other man. (Bruff is brought in.) That is the man I speak of. Heard Worrell say nothing. Saw the three go off together, traveling eastward. Never afterwards saw Gordon alive. Helped to take the snow off of his body in the gully, when afterwards discovered, about six miles east of Warren There was nothing by which I could identify the saddle, but think it was the same; a black saddle covered with patent leather. The tree may have been a Spanish tree. There was a mark on the pommel of the saddle, the cuticle of the leather being scraped off. Of my own knowledge, cannot swear Gordon owned that saddle. The horse I would know anywhere. It was Mr. Morgan's. It was the same horse Gordon rode when he left us at Huntsville. I left Huntsville, and so did Gordon, on the ton, in the edge of the Hickory Grove Prairie, the nearest house west of it being Mrs. Stevenson's. The feet of the corpse were lying nearly east, head west, and twirled over very much. Saw the body stripped and examined. There was a large cavity in his head, about as between my fingers. Did not examine the depth of the wound. The ball did not come through and through. The wound was evidently done by a leaden ball. The body was frozen, and must have laid there eight or ten days, from appearances. It had not decomposed. The body had been discovered just before I reached the ground. Helped uncover it. There was considerable bloody discoloration in the traveled road, somewhere from 25 to 35 feet to where the body was found. There was a coroner's inquest. The body was discovered on the 6th of February, 1856. He passed through Warrenton, January 24, 1856. There were several snows between these dates. I know at least two. Cross-examined. The gully was so deep a person traveling the main road would not be apt to see it, and there were also several pieces of brush thrown over the body. Think no person could have seen the body. Knew the horse the moment I saw him. Always take notice of horses. He was rather lengthy, pretty rich looking. Gordon stopped in front of Sander's hotel. Gordon in front of the door, next Worrell a little behind; and they all went off together. Re-examined. The body was several inches beneath the level of the general surface. There was much ice and snow over the body; a good many inches. We took rails off the fence to warm us until the coroner came, which took three hours. Henry Ordelheit. Live in Warren County, six miles from Warrenton, towards St. Louis. Did not know Mr. Gordon. Was present at the discovery of the body. It was in a sort of ditch, in the middle of the old road, where the water sort of run through, near Mrs. Stevenson's farm. Was right by it when we did discover it. It was searched by us on the right hand of the road. Mr. Pratt and others searched. We could not discover anything at first. Arnheit and Werlet discovered Mr. McDonald, myself, the body. We sent at once for the squire, as the coroner might not be at home. We did not move the body until he came. Examined the body. His nose was bent as though it had been stamped upon, the face was bloody, his left arm underneath him. Cross-examined. The body was coffined at the place, and taken to St. Louis. Don't recollect the names of the persons present. James Ferguson. Live in Montstopped at my house, on the gomery Co., Mo. Defendant Boonslick road, 11 miles west of Warrenton. Mr. Gordon and Bruff were with him. This was about January 24, last. keep entertainment but had been Don't boarding one of the engineers. Mr. Walker and Mr. Sturgeon and Wentz had gone up with Mr. Gordon. On his return, Worrell and Bruff were with Gordon. Had bought a pony of Worrell, and Worrell came in the yard to get his money. Identify him as the prisoner. I have seen Bruff since. I bought the horse from Worrell. It was a mare, rather a pony mare, a sorrel. "A man claimed the horse as stolen," (objected to and excluded by COURT). I identify Bruff, who is now brought in. Cross-examined. Never saw Worrell before that day. Saw him soon after his arrest in St. Louis jail in a cell. Two cells were pointed out as containing them, but not discriminated. Have seen him about four times since I first saw him. I went to his cell about three times. Went to see him about the pony. The first time I saw him at my house. He hallowed to me to sell me the horse, and on my not agreeing he rode on, but in fifteen minutes they all came back, and I bought the horse and paid him. He looked like a very genteel man. He had whiskers, by which I mean beard on the face. Think he had mustache; don't recollect. His beard was long. When I saw him in the cell, he had been shaved, and he had a small beard which had not grown very long. When I traded with him, noticed him particularly, as I do every man I trade with. Knew Gordon. Not positive what sort of horse he or either of them rode. Re-examined. There is no doubt in my mind that the prisoner is the one who sold me the pony. Saw nothing wrong with him; he appeared rational and shrewd in a trade. The reason of my certainty is that I know him, by his features, and also by conversations between him and me of things nobody else knew. Memory, therefore, helps it, independent of which I think I would recognize him, but that strengthens it. George T. Camp. Saw prisoner at Warrenton on the eve ning of January 24, 1856. He was in company with Gordon, and a man have since heard called Bruff. Was standing in the upper part of town talking, and saw three men riding up, one of whom I recognized as Gordon. He stopped and chatted with me about ten minutes. Urged him to stay all night, but he desired to go on to Mr. Hutchinson's, to make his ride easier next day. Identify Bruff, Cross-examined. Both Worrell and Bruff attracted my particular attention because I thought they might be new contractors or engineers on the road. Am a contractor for ties to the Railroad. Wilson Hutchinson. Live four miles east of Warrenton, on the Boonslick road. Am a farmer and entertain travelers. The first time I saw defendant was in January, 1856, at my house. He came there January 24th, about dark, and he and a man then called Gordon, and a man then called Bruff, remained there all night. Identify Bruff as the same man, and Worrell as the same man who were that night at my house. I have since seen them in St. Louis jail. They left my house between seven and eight o'clock next morning. They all came together, and went together eastward on the 25th. After they had come in that night, Worrell took out a pistol and loaded it. January 22. Wilson Hutchinson. There was a right smart but not a great deal of snow on January 25th. It was still snowing and quite cold. Next time, after Gordon left my house, that I saw Gordon, was when the body was found in the gully, and the snow taken off |