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and struck him; am not quite and flourish my knife when positive as to the number of Sturgus came in; he came three blows, but I saw him strike or four steps, and I stepped totwice; he then fired the pistol; wards him, and told him to I did not see the pistol until he stand back; he then retired into fired; Mr. Sturgus then came out his room; when I returned to get of his room and advanced a few the pistol, spoke with a few of steps; I was excited, and thought the boys to inquire where it was; he had something in his hand did not speak with any of them, with which he was going to at- before I left the school-house tack brother; I drew my Bowie- first; have no recollection of knife, telling him to stand off; flourishing my knife towards the he then retreated; when we had school-boys; we all bowed to Butleft the school-house, William ler when we entered; my brothsaid
er's hands were then by his side; Mr. Carpenter. Stop, sir, noticed that he held his hat in
his left hand and gesticulated Mr. Marshall, to witness. Keep with his right after we entered; cool, don't be offended at the when Butler sprang forward, manner of the counsel, we will think it was his left hand that he attend to that.
seized Matt. with, and the right Mr. Carpenter. Well, we will. that he struck him with; do not Mr. Marshall. Yes! we will feel quite positive in regard to
Mr. Carpenter. Certainly, we this, as I was considerably exwill.
cited; know that he struck him Mr. Marshall. Damned, if we twice; may have struck him three don't.
times or even four; my brother Ward. Matt. said he had for- put his hat on when he told Butgotten the pistol, and I went back ler he must hear his opinion of for it; the knife I wore on him; and when Butler seized and that occasion was one I had struck him, he then first put his worn for six months con- hand in his pocket; did not know stantly; at the time the pistol that my brother had pistols until was fired, my brother was I saw him take that from his crushed back against the wall, pocket; have carried arms since in a corner, as far as he could I was fourteen years of age; get, and bent down; Butler then having always associated with had him by the collar or cravat, men older than myself, have and did not let go for a second, done so, fearing I might get into after the pistol was fired; during a difficulty sometimes, and need the conversation was very close them to defend myself. to the parties-within half a Mr. Carpenter. You say your foot of each; when Butler brother told Butler he must have pushed my brother back, it took an apology? He said so; but he them some four or five feet from did not put the peculiar emphasis me.
on the word "must" that you do. Cross-examined. Took no Mr. Carpenter. Where were part in the transaction either by your brother's hands as he word or deed until Butler had entered? By his side. fallen; did not go up the aisle Mr. Carpenter. On which side of him were you? Behind him.
Mr. Carpenter. Was the door shut? I do not remember.
Mr. Carpenter. If you were behind him how is it that you do not know whether the door was closed or not? Because my brother William came in behind me.
Another lot of witnesses-Dr. S. D. Gross, Dr. Lewis L. Rogers, Daniel McAllister, Coleman Darriel, Major Davis Earnael,
Robert P. Rankin, James Lithgold, John Stenwall, James Speed, Mayor of Louisville, Mrs. J. Oldham, Mrs. Gwinn, William Logan, Capt. J. W. Brannon, Postmaster of Louisville, Richard Anderson, Col. Alex. P. Churchill, Alexander Walker, editor of the New Orleans Delta, and others testified to the same effect as those called before, 19 as to the prisoner's character, disposition and state of health.
THE COMMONWEALTH IN REBUTTAL. James S. Pirtle (recalled.) he said he asked Mr. W. if he Saw Mr. Gudgel when he testified wanted to find a man who could here yesterday; do not remember swear that Butler struck Ward him as being the man who first; that Mr. Ward jumped up came to the school-house after and took him by the hand, and the occurrence; there were two said it was just what they men came; do not recognize him wanted, but where was the man? as one of them; don't think I that he replied: "I am the man," ever told Judt that Butler struck that, he told Mr. W. he was a Ward.
poor man, and could not afford Joseph Benedict. Saw Mr. to lose time to attend the trial: Gudgel here yesterday; I am not that Mr. W. replied he should the boy he met on the street, lose nothing by it, but should be crying after the occurrence; had well repaid; that he (Barlow) seen Gudgel before I saw him replied to this—"I don't want here yesterday.
you to talk any more in that George Sullivan. On the day way"; have heard Barlow say he of this difficulty, had a conver- would bet on the defendant being sation with J. M. Barlow. He cleared; has told me that he had said to Mays and me and others played cards in jail with defenin the shop, it was the most ag- dant; said that when he had told gravated case he had ever heard Mr. Ward what he could testify of, that if Matt. Ward was not to, Mr. W. invited him to wait punished for this, there was no until he called the family down, use in trying a man in Kentucky and be introduced to them, but for murder; he proposed to go he declined. down and take out Matt. and Crossed-examined. Have hang him; suppose he was jest- talked a good deal about what ing, he continued to talk in the I could prove, with different persame way about the matter; a sons; think I first told Mr. while after, I noticed he seemed Carpenter that while we sat toto change, after he said he had gether in the Crystal Palace, been to see Mr. Robert J. Ward; Barlow said: "I'll just bet they
19 See ante, p. 91.
clear him”; it is very common, tore open one of his shirts, and when people in our shop wish to started the other with my affirm a fact or opinion, to say scissors, before I tore it. they will bet on it; was joking Mr. Wolfe. You are a memwhen I assented to the proposi- ber of the Presbyterian church, tion to take out defendant and I believe, Dr. Thomson? I am, hang him; regarded it as a jest. have been for ten years.
Uriah Mays. Barlow gave me Mr. Wolfe. Are you not a an account of his visit to Mr. teacher in the Sabbath school? Ward's house, just as Sullivan I am, sir. has related it.
Mr. Wolfe. It is usual for Dr. David Thomson (recalled.) members of the church to carry Have no recollection of meeting arms? I do not know; am not Barlow, on the day of the occur- aware of any regulation in the rence, either in the street or in church in regard to it. Colonel Harney's house; did not Mr. Wolfe. What have you carry my case of instruments in done with those pistols you had my hand on the way there, they on your person yesterday? were in my side-pocket; never The COURT. You are at libcarry them in my hand; am erty to answer the question or sure he did not suggest to me, to not, as you please. take off his clothes; there was Dr. Thomson. I decline anno conversation with Prof. But swering it unless I am under ler, after I entered the room, legal obligation to do so. until I asked him what the posi- Edward Knight (recalled.) tion of the parties was, during If Barlow assisted in undressing the affray; he said they were Butler, or was there at all, I did clinched; no other person inter- not see him; (saw another gentlerogated Butler at that time but man there, who I think was a Mr. myself; do not think Barlow was Rupeus, it was not Barlow, I in the room.
am sure), either the doctor or Cross-examined. Sent out this Mr. Rupeus first suggested after some brandy, soon after I to take off Butler's coat. reached the house; Prof. Butler Cross-eramined. Do not know had a dickey and two shirts on; precisely where Mr. Rupeus he drank some of the brandy; lives, but he lives in Louisville; he had on a black cloth coat, there were over half a dozen with a waist to it, and pockets persons in the room at the time; at the side; he wore a black silk Dr. Thomson took off Butler's or satin neck-handkerchief; I coat, with my assistance,
THE DEFENSE AGAIN. James S. Speed and L. P. Cren important to the issue of the shaw testified to the good char- trial of my son, to ascertain if acter and reputation of Barlow there was a witness who could for truth and veracity.
prove that, in this unfortunate Robert J. Ward (recalled.) affair, Butler had struck him When Barlow called to see me, first; told him it was a very mahe said he had been told it was terial point; he said he was one
who could do it, and then went Mr. Wolfe's office the next mornon to detail to me the same cir- ing, he seemed reluctant, as his cumstances he has related here; business was pressing; offered to told me he was influenced simply pay him for the day's work, but by a sense of justice; asked Mr. he refused to receive it; never Barlow's name and business, how offered or intimated any inducelong he had resided in Louisville, ment to him to testify; never told etc.; asked him to meet me at him he should be doubly repaid.
THE SPEECHES TO THE JURY.
April 22. Gentlemen of the Jury: I approach the opening argument in this important case, under embarrassing circumstances. I am a stranger in Hardin County. Not an eye in the jury box, or in the multitude here assembled beams on me the light of recognition; not a face known to me; not a familiar countenance.
Against me are arrayed counsel eminent for their learning, talents, and genius, known and appreciated, not only in this county, but throughout the State and the Union. The position of prosecutor is one I have never occupied before by employment, and one I do not covet, but I shrink not from it, when the cause of justice and the welfare of the community demand it. The true calling of the jurist is to mete out exact justice to all, and it is difficult to discern the justness of the proposition that an attorney may be retained to defend any man, however criminal, but must, in no case, prosecute one, however guilty. If we look to the practice of the most eminent members of the Bar, including such names as Webster, Clay, and Wright, we find they pursued a very different course. I engaged in this cause from a high sense of duty to the public, and a desire to lend the aid of my feeble talents to bring down upon the prisoner (if guilty) the merited punishment of his great crime; and I gladly share whatever odium there may be attached to those assisting in this prosecution. I have taken no steps in this case that were not imperatively demanded by my convictions of duty. Because engaged in it, I do not feel called upon to ask for a conviction unwarranted by the law and the facts. Weak as I am, I appear before you as the advocate of a million of the people of this Commonwealth, and ask you to hear me for my cause. Man is ephemeral, truth is eternal; no matter who speaks it, it is truth still, ever enduring and immortal as its author. Let my remarks have no effect upon you except so far as they accord with the law and the testimony; and if consistent with these you can acquit the prisoner, it will give me unfeigned pleasure.
Allusions have been made to the great, and almost unparalleled excitment existing in the city of Louisville, in regard to this occurrence. It has been said that certain newspapers are responsible for all this unusual agitation. I have as yet heard no one pretend to deny the turth of the facts charged, and if nothing but a simple narration of the facts as they occurred, has been given, why so much complaint? On as bright a day as dawned in the year 1853, in the face of seventy thousand people, without any just provocation or cause, the prisoner entered the house of the deceased, insulted and killed him. Is it remarkable that excitement followed an act of this character? Do gentlemen expect murder to stalk abroad at non-day, and a free press and a free people to be silent? Is not this a case well calculated to arouse the just indignation of an intelligent community?
But however natural and proper those ebullitions of the public feeling, then and there, you, gentlemen, are not to give the slightest weight to them, either as tending to show the guilt of the prisoner, or as diverting your minds from the proper issue. I beseech you, gentlemen, as you regard the solemn oath you have taken, the majesty of the law, the well being of mankind and humanity, to lay aside all prejudicebanish from your minds every extraneous influence, forget everything seen and heard before you entered your box, and with minds as free from the stain of previous opinion as virgin paper, receive impressions from the facts alone. Justice, when she holds the balances, turns her head to avoid seeing who is in either scale; so you, gentlemen, must turn