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WITNESSES FOR THE PEOPLE.

David C. Miller. Have resided many years at Batavia; know William Morgan, who resided there in September last, and was engaged in writing a book of Free Masonry. Am the editor of a newspaper, in which the subject of the book was frequently mentioned. It was publicly known for four or five weeks that Morgan was writing the book, before he was taken off. The subject excited much feeling in the community. Morgan left Batavia on the 11th of September-Hayward and others took him off. Morgan's family still resides there. Morgan has never been heard of since. Heard of Morgan's arrest, soon after sunrise, and that he was confined in a room at Darnold's Inn, under charge of strangers. Went in pursuit of counsel, and did not see Morgan until he got into the carriage when I told him he must not go away as I was his bail for the limits. Hayward said Morgan must and should go. Observed that Morgan's countenance was pale and ashy, and his eyes set and glassy, and he paid no attention to what I said. Spoke again to Morgan who then started to rise, but was told by those who sat by him, in a low tone of voice, to sit still. stood by the door of the carriage, but was pushed aside, and the officer told the driver to hurry

on.

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Gen. Marvin. I object to any thing that was said or done at Batavia concerning the bringing of Morgan to this place. The conspiracy charged alleges that Morgan was removed from this place (Canandaigua)—they can

not therefore go into a conspiracy to remove Morgan from Batavia. They may say they mean to connect the conspiracies but such testimony would be irrelevant-the acts at Batavia were a mere assault.

Mr. Dickson. We intend to connect the transactions at Batavia and Canandaigua. We shall show such connections clearly. We shall show common acts and common objects and although we may not combine all the offenders, still the testimony now offered is admissible.

Mr. Wilson. If they show that the overt acts of the parties in all the counties tended to a common object, it was admissible, otherwise the prosecutors could establish nothing, nothing that was consummated in any one county. The overt acts were continuous and extended to several counties; evidence showing generally the character of the conspiracy is strictly legal. All that is necessary is to show sufficient acts done in this county to give the Court jurisdicton.

Gen. Marvin. I contend that before the prosecution can go into testimony showing a conspiracy abroad, they must prove overt acts done here.

The COURT overruled the objection, saying that it could not restrict counsel in cases of conspiracy, particularly in the order of testimony.

Mr. Miller. Hayward told the driver to go fast; the stage went off so fast that some of the party was left, and had to run to overtake it. Four or five persons were in the coach, and one sat on the box with the driver.

Cross-examined.

Have testified in part to the same history before; don't recollect whether I then stated the appearance of Morgan's countenance and eyes, but have said so frequently in conversation and in my paper; my impression is that Hayward is the man who said Morgan must and shall go.

Dr. Samuel Butler. Live in Stafford; Major Ganson then kept a public house there. Saw a coach driving up to Ganson's door on the Saturday evening previous to Morgan's being carried away from Batavia. Was introduced by Ganson to a man he called Seymour from Canandaigua. He said he had a warrant for Morgan and passed into the dining room where several persons joined him. I asked what they expected to effect by taking Morgan off; one of them replied, we have started for that purpose and shall go. E. G. Smith, Pratt, of Le Roy, Willard Eddy and some others were in this room; told them it was bad policy to meddle with Morgan. Was requested to inform Follett and Seaver that they were coming. Saw Follett at Batavia that evening and gave the message to him; he replied, tell them not to come, our village has been troubled enough already. Met the party on my return, two miles east of Batavia, and told them what Follett said. Ganson was with them. The Canandaigua party got out of the coach, and one of them said, I have started to go to Batavia, and shall go there. The Canandaigua men walked on, on foot, and the coach returned. Ganson and others returned with the coach. A small wagon, in com

pany with the coach, turned about also; it was eight or nine o'clock in the evening. I knew previously that Morgan was publishing a Book on Freemasonry. More than six persons were in the carriage; had talked with Ganson about the book; was invited to attend a meeting on Friday evening previous, at Le Roy, to concert measures for the suppression of the book, but did not go. Ganson told me that men of Canandaigua, Batavia, Rochester and Buffalo had met on the premises Friday evening to concert measures to suppress the book; don't know that either of the parties now on trial attended that meeting; saw Ganson, Lesley, Towner and Eddy, the evening of the day Morgan was taken off, with others devising means to obtain his manuscript papers.

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Cross-examined. Can't positively that it was Seymour or Sawyer that was introduced to me don't know how I got the impression; don't know but I might think it was Scofield if I knew that a person of that name was present; never heard Ganson say any thing about carrying off Morgan-Ganson was at home on Monday, Tuesday and Wednesday, engaged in mowing.

Francis Hopkins. Lived at Batavia in September lastdrove a stage east from Batavia on the morning of tenth of September. Chesebro, Harris Seymour, Hayward, Morgan and four other persons were in the stage-Cresebro rode on the seat with me; was told to drive fast till we got out of the country -did drive fast, Chesebro was afraid that Morgan would be

rescued-drove to Avon (25 miles) in three hours. First hesitated about going for fear that I was doing wrong, but was induced to proceed on Chesebro's assurance that Ganson would indemnify me-Ganson passed his word that I should not be harmed; could not understand any of the conversation in the coach.

Cross-examined. Heard on starting that Morgan was on the limits this was a reason why I hesitated; knew there had been a good deal of trouble about Morgan. Ganson said, "Drive on, there is no danger, I will see you harmless." Davids said, "They are going to smuggle Morgan away." Heard no complaints in the stage; think Morgan got out at Le Roy; Chesebro hurried me on; he often rose up, looked back, and said that if any one came to take Morgan they would not get him alive.

William Thompson. Am Sheriff of Gennessee County; saw none of the present defendants at Canandaigua on the tenth of September; saw Chesebro and informed him that Morgan was on the limits.

Israel R. Hall. Saw a post coach pass through Le Roy on evening of tenth of September. Hayward, Howard, Chesebro, Voorhees, and others were in it. Have seen Morgan but don't recollect him. Supposed the party had come to Le Roy to assist in laying the corner stone of an Episcopal church with Masonic honors.

Nathan Follett. Saw Chesebro, Seymour and others at Batavia on the morning of eleventh of September. Saw Dr. Butler

on the evening previous. Was at Darnold's when the party left with Morgan for Canandaigua. Talked with Chesebro about their object at Batavia.

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Jeffrey Chipman. Morgan was brought before me on a warrant on eleventh of September, examined and acquitted. Hayward, the officer, was with him. Dr. Lakey, Everton, Lawrence, Chesebro, Kingsley, and Bouge were in my office during the examination. After Morgan was acquitted. Chesebro asked for a warrant against him for a tavern debt of $2 at Ackley's, for which judgment was dered and execution was issued. Morgan offered his coat to Hayward as security, but it was refused. Hayward asked Morgan to step out of doors, and I saw no more of him. The execution amounted to $2.69. Chesebro applied for the first warrant on a charge of theft in stealing a shirt and cravat of E. C. Kingsley. Heard Dr. Lakey speak of Morgan as a bad character and not to be trusted.

Mr. Kinglsey. Knew Wm. Morgan. In September Dr. Lakey asked me to walk into Chipman's office, when after considerable conversation a warrant was issued. Objected at first to the course, but finally consented. Evertson, Chesebro and Lakey said Morgan was a man of base character, and an impostor. Chesebro said that Morgan was not a Mason. Lakey also appeared very indifferent at Morgan's conduct. When Morgan first came here he was well received by Lakey and Howard. Supposed that Morgan was a lecturer on Masonry. Was induced by their representations to

proceed against Morgan; should not have proceeded against him otherwise; did not request Chesebro to call on Squire Chip

man.

Cross-examined. Squire Chipman presented a paper in the form of an oath, necessary to be taken before a warrant was issued. I objected, because I did not think the shirt business amounted to larceny, and did not think the law would justify such a proceeding. May have said that Morgan had disgraced himself and ought to be disowned; may have said to Masons that their brother Mason had stolen his shirt and cravat. The Masons were all busy about Morgan. Dr. Lakey once said he would rather pay the value of the shirt and cravat than have a Mason so disgraced.

Aaron Ackley. Don't know William Morgan. He never was indebted to me. Never assigned any debt against Morgan to Chesebro; Chesebro never had the right to prosecute in my name. Never found Morgan's name on the tavern books.

David Darnolds. Saw a party at Batavia where I keep a public house, in September last; knew Seymour only; the party was said to be from Canandaigua; recognize Hayward as one of them; there were five or six of the party; it was on Sunday evening; Morgan was taken away by them the next morning in a coach; sun half an hour high.

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Mrs. Mary H. Hall. Am the wife of the jailor.

Gen. Marvin. We admit all that is alleged in taking Morgan to parts unknown, but deny that the present defendants were parties to the act.

Mr. Whiting. After a consultation with associate counsel, I feel that it would not facilitate business much to accept the admission; we prefer to proceed with the testimony.

Mrs. Hall. Morgan was released on Tuesday evening, between nine and ten. He had been committed for debt which Loton Lawson paid. Lawson led Morgan out of the prison, and while locking the door I heard a cry of murder; ran to the door and saw two men leading Morgan off, who was struggling. Lawson, Chesebro and Sawyer were assisting to liberate Morgan from jail; heard a rap upon the well curb which appeared to be the signal for a carriage which immediately passed down and soon returned. Objected to release Morgan at first, but finally let him out on Mr. Chesebro's

assurance.

Cross-examined. Did not see Howard, Hayward, Roberts or Seymour that night.

Mrs. Martha Davis. Reside nearly opposite the jail; recollect the evening that Morgan was taken off; went to the door for wood; saw some persons standing near Bull's shop; one of them went away, and the other (Mr. Chesebro) came along near me; I spoke to him but he did not answer me; the other man soon came back and both walked away; heard a whistle; soon saw a scuffle and heard the cry of murder; counted nine men about there; saw the coach

pass and repass; the man who cried murder was dragged by two others; he cried three times and then seemed to have his voice suppressed; heard a heavy groan; saw Chauncey H. Coe near the jail; it was a very light night; think Col. Sawyer was the person I saw with Chesebro.

Samuel Greenleaf. Mr. Chesebro paid me for the use of a coach to go to Batavia, September last; the bill was dated on the tenth of September; don't know who went in it; it was an extra.

Willis Turner (a colored boy). Saw Sawyer and Chesebro near the jail; as they passed by me Sawyer picked up a stick; they went by the jail corner where they stood and talked; while drawing water heard a cry of murder and saw three men coming off the jail steps; Sawyer came to the well and gave two raps on the curb, and then went towards the three men. Chesebro went the same way; something was put into the middle man's mouth by Chesebro; Morgan pulled back, lost his hat and Sawyer picked it up. A carriage overtook them, the door was opened, and Morgan put into it; four besides Morgan got in, and the carriage came back; don't recollect whether the curtains were up or down; had seen Morgan in Chipman's office; did not know the men who came out of the jail with Morgan.

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Cross-examined. Saw six men only at that time, saw the carriage turn Kingsley's corner; saw Sawyer and Chesebro first, as he came out of the gate; kept near enough to see them; had

when

not got to the tavern Chesebro put the handkerchief in Morgan's mouth; they hurried Morgan on as fast as they could; he cried murder twice after they got off the steps. They went beyond the pound, and went fast. Chesebro and Sawyer was along with them; Sawyer did not catch up at first; saw nobody about the streets when the carriage drove off; Mr. Osborn picked up the hat and handed it to Sawyer; Chesebro had on a snuff colored surtout coat and a black hat; Sawyer was dressed in grey clothes and a white hat.

Mr. Whiting stated that the circumstances against Knowlen were so slight he would now enter nolle prosequi in his case.

Asa Knowlen. Reside at Avon; saw a party at my tavern on tenth of September; Harris Seymour, Chesebro, Hayward, Howard, Roberts, and a man named Scofield or Scoville; Voorhees was not of the party; I got into the stage at Hosmer's and went to within two miles of Batavia; Butterfield joined the party at Caledonia; Smith at Le Roy, and Ganson at Stafford; the party from Canandaigua got out of the carriage and went on foot; did not know the reason why the coach returned; had no object in going further; the object of the party was to get William Morgan on a warrant, for stealing clothing; thought it was best, from all circumstances, for him to go back; heard no reason from the Canandaigua party getting out of the coach; did not discover any thing connecting the Batavia affair with their object; was in the room with a dozen

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