the court commencing fourth Monday in May, 22nd day of the month. I say to you, as I said to Mrs. Ames, "I must have certain witnesses, if they are on top of the ground." The treasurer, who was in the ticket-wagon, and the two men who were assisting your son to get under the canvas, from the fire of the assailants' pistols. I want you also, as the father of the murdered man, that I may have, at least, the moral support of your presence, and to counteract the influence upon the sympathy of the jury, occasioned by the presence of the gray-haired father of the prisoner. You can get these witnesses. You can at least afford to pay their expenses here. You can do that much, at least, for the cause of justice and to vindicate the memory of your poor unfortunate son. The State of Georgia has appointed me to prosecute. I feel myself, with my knowledge of the facts, fully competent for the task. I ask you to incur no expense in feeing counsel. I ask for no associate counsel; would not accept their aid if you were now to employ them. The state will pay me for my services, and hence, all I ask of you, and all that is necessary for you to do, is to procure the witnesses I have named. I do not know their names, but you do, or can find them out. George Ames, your son who was along with the circus at that time, can find them. I want them to come to Macon that I may consult with them. Let them reach here by the 20th May; keep their own counsel, so that no one may know of their presence, until I choose to let it be known. If they have any fears for their safety (as they need not have), I will give them a safe-guard under the broad seal of the State of Georgia, and insure that they shall not be molested while here, and be permitted to return as soon as they have testified in the case. In conclusion, permit me to say in all kindness, that you must not treat this request with the indifference that woman has manifested towards the one addressed to her; if you do, the United States shall ring with the infamy of a father who would not do anything to bring the murderer of his son to justice, when that son upon his dying bed bequeathed to that father the means which would have enabled him to accomplish that purpose without feeling the outlay. Hoping to hear from you soon, and craving your pardon if I have said anything to wound your feelings, I remain, yours truly, Sam'l D. Irvin, Prosecuting officer for the state, in said case. P. S. Conviction is certain, with the evidence I am seeking. S. D. I. THE TRIAL OF THOMAS WARD FOR THE KILLING OF ALBERT ROBINSON, NEW YORK CITY, 1823. THE NARRATIVE. In the busiest part of New York City, nearly a century ago, people were returning home from their work in the twilight, and the streets were crowded with carts and wagons. A pedestrian at a crossing, evidently thinking that a cart was going to be driven over him seized the horse by the head, which caused it to turn suddenly, almost throwing the cartman, Ward, into the street. He recovered himself, seized a heavy stick which was in the cart and threw it at the pedestrian. It missed him, but he picked it up and was about to attack Ward with it when the latter jumped from his cart, wrested it from his hand and struck him over the head with it. The man fell to the ground unconscious, and a few days later died from the effects of the blow. Tried for manslaughter, the cartman was acquitted, the jury taking the view that the blow was struck in self defense. THE TRIAL.1 In Court of General Sessions of New York City, November, 1823. HON. RICHARD RIKER,2 Recorder. November 18. The Prisoner was charged in an indictment for manslaughter, with having wilfully and feloniously killed Albert Robinson, by a blow inflicted on the 17th of October last, on his temple, by the rung of a cart. Ward was a young man of good appearance and respect 1 New York City Hall Recorder. See 1 Am. St. Tr. 61. 2 See 1 Am. St. Tr. 361. able deportment, apparently about twenty-six years of age, and by occupation a cartman. Hugh Maxwell, District Attorney, for the Prosecution. 4 5 John L. Graham, Dr. John A. Graham, Wm. M. Price, and John Anthon, for the Prisoner. Mr. Maxwell opened the case and made an exposition of the facts he expected to prove, and of the law as applicable to them. THE WITNESSES FOR THE PEOPLE. Dr. Marinus Willet, Jr. Am a surgeon of the New York Hospital, to which the deceased was taken; examined the head of Robinson; found little evidence of serious injury on the external part of it. There were symptoms, however, of a compression of the brain, and there was a bruise over the right eyelid, extending from above the temple, about three inches down upon the cheek, which might have been produced by a blow. He was brought in on the evening of Saturday and on Sunday evening the operation of trepanning was performed by Dr. Mott. The skull was found to be fractured, but not so badly but the patient, had no other injury existed, might have recovered by the application of ordinary remedies. His death, about three on Monday morning, was occasioned, not by the fracture, but by the rupture of a blood 3 See 1 Am. St. Tr. 62. vessel, the artery of the dura mater, and the extravasation of blood on the brain. Believe the blow occasioned the death. Peter Bogert. Am a cartman. Was returning home on the evening of the affray between six and seven o'clock, not very dark, but the lamps were lighted. Three carts were passing down Chambers street; the first Ward's, the second Fash's, and the third mine. Observed Robinson passing down the flagging, which is laid transversely from the corner of Chamber and Chapel to the east side of Hudson street. He had a tin kettle in his hand, and was going the same way with Ward. About two feet of Ward's cart (who was upon a walk), he turned around and seized his horse by the head with his left hand. The horse sprung from him and turned upon the side walk, nearly throwing Ward from his cart. Ward was 4 GRAHAM, JOHN LORIMER. (1797-1876.) Born London, England. Son of Dr. John A. Graham, who early in the nineteenth century was a practitioner in the New York Criminal Courts. Studied law with Judge Reeve, of Litchfield, Conn. Called to the bar, 1821. Became wealthy in the practice of his profession. Regent State University, 1834. Postmaster New York City, 1840-1844. 5 See Note 4. 6 See 2 Am. St. Tr. 787. he very near the side walk at the time, and he was turning into Chapel street, and deceased into Hudson street, where those streets form an acute angle, the further they advance, the less they were incommoded by each other. When Robinson took hold of the horse's bridle, Ward laid hold of his monachie and threw it at him. The monachie did not hit deceased; but picked it up, drew it across his shoulders with both hands in a threatening attitude towards Ward, as if he intended to strike him. Ward's cart, however, had at this time so far advanced that he was not within striking distance. Almost simultaneously, Ward stopped his horse, stepped to the tail of his towards cart, sprang from it Robinson, and, in a scuffle, wrested the monachie from his hand, shoved him back a foot or two, and with both hands hold of the instrument, knocked him down with it by a blow on the right side of the head. At the mosaid ment of striking, Ward "You damn'd son of a bitch, a little more and you would have thrown me from my cart!" The word and the blow seemed together; never knew an affray more rapid from its commencement to its conclusion. It seemed the transaction of a moment. Robinson fell, and Ward jumped upon his cart, taking the monachie with him, passed on then about twenty-five feet, stopped, hooked his wheel, and came back; but seeing Mr. Ry der with the man up, he again mounted his cart and rode off. Cross-examined. I knew neither Ward nor Robinson previous to the transaction. Ward had a leather trunk and a roll of carpeting on his cart at the time. Deceased had no offensive weapon, but was in no danger from Ward's horse which when seized was quite restive. When Ryder took up the deceased, he called him by name, and also spoke to prisoner, and said, "Ward! for shame! you ought not to strike a man so." Could not say whether Robinson was intoxicated or not, nor for what reason he seized the horse. He was knocked down by the side of my cart; very quick; the whole was almost one act. Robinson picked up the monachie by the wheel; he was stouter man than Ward. a Daniel Fash. Am a cartman; was following Ward's cart at the time of the affray; confirm the statement made by Bogert; saw the monachie thrown at Robinson by Ward. It flew over his head about two feet. Cross-examined. Remained at the place until Mr. Ryder had raised up deceased. The hat of deceased was not struck off by the blow. As I was going down Hudson street and Ward down Chapel, it brought Robinson between our carts, but the further off as they progressed, as the streets diverged in different directions. Richard G. Ryder. Am a cart 7 Monachie is a Dutch word and was explained to mean a fore rung of the cart to which the lines were occasionally made fast, about three feet long, three inches by two and a half in thickness at the bottom, and lessening almost to a point at the top, usually made of oak or hickory. man; came up just at the time Robinson held the monachie in his hand in an attitude of hostility to Ward. Saw Ward strike with the stick. It was but one blow. The man fell and I jumped off to his relief. Found it was Robinson, whom I knew, and seeing that the person who struck him was prisoner, whom I also knew, I cried, "shame" to Ward. Robinson laid lifeless as a log, and totally insensible. Ward moved off a few feet, where he remained. I raised up deceased and asked him if he knew me. He nodded assent; helped him across the street, washed the blood from his face and at the instance of a young gentleman who came up, bathed his wounds with spirits. Deceased then jumped upon his feet, refused to be carried home by me on my cart, jerked away, and said he could go home alone. Acted as if he was intoxicated, for he went down Chambers street, which was not his way home. Had known deceased twelve or fourteen years. Heard Ward only say in reply to my statement that a cartman had struck deceased with a rung of his cart, that "it was not with his rung but with his monachie." Ward gave no indications of regret. Have known him about eighteen months; consider him a mild and worthy man. Robinson formerly drove a cart. He did not speak until his head had been washed in spirits. Dr. Willet (re-called). A piece of fractured bone was removed. The rupture of the blood vessel could not have been occasioned by the trepanning for the blood on the brain was not only extravasated, but coagulated. THE DEFENSE. Robert Castle. Deceased appeared to be intoxicated in the afternoon of the affray. Peter Nodine and Joseph Archer, testified that he was a bad tempered man, passionate, perverse, and occasionally intemperate. Ralph Olmstead, Robert Hyslop, Rufus L. Lord, Henry Hepburn, Charles Squire, Calvin W. Howe, and Allen C. Lee all merchants in the city had been acquainted with the prisoner for three years past; he had uniformly manifested a mild and amiable disposition, rather timid than quarrelsome, and more disposed to yield than rigorously to assert his rights. He was uniformly temperate, courteous and obliging, industrious and honest, and supported by his labor a mother and two or three sisters. Dr. Jeremiah D. Fowler. Live at Mount Pleasant, the birthplace of prisoner; had known him about seventeen years, and from a boy. His disposition had always appeared to be mild and good, and his connections in Westchester were respectable. Robert K. Foster. Have known prisoner from 1810 to 1816, during which time he was an apprentice to me. He possessed the best disposition of any apprentice I ever had. Am a shoemaker; prisoner served out the full time of his engagement without indentures. Dr. Richard L. Walker. Consider trepanning a dangerous |