The Litchfield County post. [volume], August 09, 1827, Image 2

About The Litchfield County post. [volume] (Litchfield, Conn.) 1826-1829

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t'ml . xIkhi nfi-n 1 ywU an mdi of lln
jdmt.-i n purchas'd l»v the rightful Georgi
an tm y—fit'hoop f ilm.) Beside*. | and
mother has loth got two draw in the Land
Lot lory tog,'tlier, and I ha*nt no motion o
M-eioj nnriiwn -oerrd invisible vestered right!
Mnilirrd alore our own faces. Troup is tin
man of my cut—mought be a better, may
hip; but.* hang me, if he ha’nt more real
liliiod in liis little finger than would swim a
horse—{War whoop.)—I am up afore you.mj
boys.as a candidate for Legislator—you knows
me to lii* no fool in national affairs, and there
fore must help me out. I will oppose the el
evation of any Adams to the Congressional
chair of State, for reasons best known to my
self, which ) will toll you now about.
There is loo much depredations and extrav
igation with the people’s money—Fifty-sir
thousand dollars lias been reprobated for a
quantity of bilous balls, which is a sartain
cure for fevers, being invented by Gin’ral Lee.
An act lias been passed by the ministration,
called thenon-intercurs’d act,that was brought
about by one Colonel Trade—which is one of
your very rankest colitioncrs—and by it we
have lost the States of North and South Can
ada an the Territory of the West Indies.
What are wc to do now for sugar and coffee?
And besides, they have passed a law to bee
*tran the liberties of the Press, and also to
tipse.l the lection of Gin’ral Jackson and ex
criminate every vestige of State Rights. And
they have made another congress, which is
to sit somewhere in Panama ; and they have
appointed another ministration there which
is to join Gin’ral Bolivar and the British to
set the niggers free, in the Souther States.and
in the. Territory of Hayti. Now arnt these
pretty corruptions doings: and arnt I right in
calling Adams a fool, and a federal, a colition
rr and aristo-crasy, when lie does such sort o’
things as these; and prefers N. E. Rum to
Jiinaky, and gives his family bilious pills at
the nation's expense ? (Loud cheering.) Ifso
he I’rtitSelected ‘my great objic will he to bin
efit mff'tiOnstit nles. I will take care to have
a system of infernal impovement discrimina
ted throughout the State. Macon and Mil
ledgevilie shall become seaport towns, and
steam-boats shall paddle up the Alleghany
mountains. (Loud and continued cheering.)
I’ll have no taxes, for I’ll have ’em all paid
out of the public money ! (Whoop.) I’ll hcv
no musters ! (Bellow.) Geogians shall have
their rights and their lands ! (Howl.) Gin’
ra! Government shall ride on a journey thro’
the Creek Nation with a red-hot iron cotton
screw down liis throat! (Yell.) And John
Quincy shall he lashed around the world with
a hradoan bit and curb,until he owns Georgi
ans is pluck to the hack hone !” Here a groan
was heard and it was found to proceed from
Yaankec pedler, who it appears, had found
liis way into had company, and hearing his
favorite, thus belabored, could only vent his
indignation by groans. He was quickly
dragged before th& orator ; hut not without
some resistance; and as a fight was now in
dispensable, some took the, side, of the/ped
ler, arid others fought under the banners of
the State. At it they went; kick, bite, and
goguo : and the theory of the optics was ful
ly illustrated, by many a pugnacious wight,
ere the doughty companions had “fought
their belly,” and “ retired with all the honors
of war” from the bloody field of battle.
What became of the poor pedler, I know
not, for my fears were too busy for my curi
osity, and I mounted my horse and rode off
while the combatants were grappling and
panting as if they were struggling with death’s
own self; and had rode ten miles before I
observed that inv horses tail was shaved to
the bone!j * THE WANDERER.
GENERAL JACKSON.
To the Editors of the Richmond Enquirer.
Sins—Tlie violence that lias marked the
character and conduct of Gen. Jackson
throughout the whole course of his service,
and the acquiescence of the Executive in all,
and its positive approbation of some of the
very worst of his measures ; and, more than
all, the unaccountable apathy of the public at
. large, iii;regard to the whole subject, have
filled my mind with amazement, indignation
and alarm.
Example and precedent are of mighty and
wonderful influence in the affairs of men. It
is true in practice of ours, that whatever has
been once done and allowed,may.be lawfully
% repeated- No services, therefore, however
meritorious, nor station however axalted,
should be exempt from punishment, much
more from inquiry, to those who permit an o
pen violation of the constitution. An impartial
review-of the history of Gen. Jackson’s offi
cial life, will exhibit a succession of offences
against all the rules of military discipline, a
gainst the constitutions of the United States,
and of such of the states as have been the
scene of his operations, and against the laws
of nature and nations. On his part, sirs, we
shall find no-justification, no apology, no con
trition ; and on the part.of the Federal Exec
utive, no act nor effort to maintain its own
dignity, to enforce its just authority, or vin
dicate the violated majesty of the laws.
In the very first service in which we saw
this officer employed during the late war, he
set at nought the authority of the war depart
ment and the rules and articles of war. Hav
ing early tended his services to government
with &500 Tennessee volunteers, he was or
dered to conduct them to the lower 31 ississip
pi, to assist the regular force there, in repel
ling a descent of the enemy upon Louisiana,
then (we never knew why) seriously appre
hended. lie marched with his usual promp
titude and celerity,early in Jan. 11113,encamp
ed at his appointed station in the 31ississippi
territory. Here, shortly afterwards, as the
historian of his life informs us, “the eloudsof
“ war having blown over in that quarter, he
“ received an order from the secretary of
“ war, directing him on the receipt thereof,
“ to dismiss those under his command hum
“ service, and to take measures for delivering
“every article of public property in his pos
“ session.to Gen. Wilkinson.” Without the
least hesitation lie disobeyed these orders,
seized upon the public stores, and all the
transportation on which he could lay his
hands, in spite of the quarter-master, and of
Gen. Wilkinson ; and reconducted his army
in a body to Tennessee. Instead of making
a modest representation of his motives to the
war department, and throwing himself on the
indulgence of government for pardon; he an
nounced the determination he had taken to
disregard fjjbrders in the haughtiest terms ;
and aggravated ‘he act of disobedience with
y Tfc '
4
r *. ' *
• - *
llie grossest itisiilt In (tie MTrHury, General
Armstrong.and in effect to the whole govern
ment. •* lie exprmerd Hie astonishment he
* ** felt, that kiirh orders should have origins
| •• tin! with the famous author of Uni Sncourp
“ letters, the then redoubled advocate for sol
‘ •* liters' rights.”* I mean not to exaggerate
■ his fault. I confess, that, in iny opinion, he
i was urinated by the generous motives of af
fection lor his volunteers. And as to Gen.^
Armstrong, it may have been a providential
dispensation of justice, that lie should he re
proached in his old age with the uuntoned
crime nf his youth, and made to feel in his
own person the evil of arms unrestrained by
subordination. Blit deliberate disobedience
of orders, wilful disrespet towards sii|W>riors,
and especially towards government, are of all
crimes in a military officer of the first magni
tude. General Jackson was guilty of them
all. I appeal to military men, whether tin
impunity of such offences he not the desti ne- :
tinn of discipline? Whether it was ever known
before, that such an offender escaped without J
punishment of any kind, without trial, with-'
out inquiry at least ? The humiliation of the
government, anil General Jackson's victory
were complete. Thenceforth, a new relation
was established between them ; nf which, as '
we shall see in tile sequel, both parties were
sensible, and have borne themselves accord- j
ingly.
i do not intend to follow him through the
war be conducted against the Creeks in It!IS
—4. I mention the bloody massacre of Tal
lapoosie,only to express my grief for it,shame ,
and abhorrence. In vain has his ton partial;
biographer pleaded the law of retaliation in j
his defence ; in vain alleged, that the Indians i
obstinately persisted in hopeless resistance, i
and would neither ask nor accept quarter; in
j vain protested that his general sent to inv ite ■
| them to surrender and spare the effusion of
their own blood, and that they fired upon his !
flag ; the historian admits, that the general ,
well knew they had ample reason for their
desperation : and the general himself tells the j
world, in his official despatch, that, after the |
pursuit, or rather the hunt (literally, with fire
and sword) and the carnage, had cuntirtled |
till darkness concealed his miserable victims ;
after he was apprised, that of their thousand j
warriors, not half a hundred remained; after!
! a whole night to coni and reflect, on the next ■
morning, the hunt, and the slaughter “ were ‘
[ resumed, and sixteen (all that could he found) j
oj the enemy slain,who had concealed themselves \
under flic hanks,”f Yet I will not urge that j
! as a peculiar reproach, against Gen. Jackson, |
which I rather regard as a stain upon my j
country, History will record,that bis bloody j
! deeds were received by his countrymen with i
general applause, w hile the clemency of Col.
Pearson was regarded with contempt and re- I
[ sentment. Truly, sirs, American avarice of
Indian lands is equal to Spanish avarice of In
dian gold.
i am sorry to say anything that may seem
to affect Gen. Jackson’s private character ; j
hut I must remark, that the grant of lands he
afterwards obtained from these same Creeks
(the willing tribute of gratitude, no doubt, for i
his tender mercies towards their name and
race) was contrary to the known policy of !
the government. It was not the Executive, 1
however, hut the Senate that refused to give I
it sanction. 1
I have here, to mention a fact, which, strik
ing as it is, and decisive of the character of
the man, is hardly remembered, if it be not
absolutely forgotten, except by a few curious
observers. Gen. Jackson,s recent seizure of
St. Marks and Pensacola is not the first in
stance in which he has, < f his own independ
ent sovereign authotity, declared and waged
war against a nation with which his country
was at peace. In Nov. 1814. lie took Pensa-,
cola by storm, though ho confessedly knew at j
the time that the act was contrary to the!
view- and policy of the government^ The |
Executive whose commission he abused,
Congress, whose powers he usurped, looked
on in profound silence. As to the American
people, they have ever seemed to imagine it
impossible, that an invasion of the ••iglits of
.Spain could he accompanied with an invasion
of their own.
Turn your eyes now, Sirs, to the principal
scene of Gen. Jackson’s glory : happy ! if it
were not the scene, of unrestrained violence
and tyrranny, I would detract nothing from |
(he real merit he displayed in his memorable |
defence of New Orleans in 1814-5. I would j
not, if the occasion were proper, enter into a- )
ny ci itirisrpf of his military operations ; or at- j
tempt to ascribe to fortune, any portion of
the glory, which skill and valour claim—
That his success was complete, that his vie-1
tory was no less beneficial in its consequen- (
ces than brilliant in its achievement; all this (
I gladly acknow ledge. Uut t« that extrava-1
S«nce of national gratitude, which has mani- j
fested itselt in a tame surrender of the consti- j
tution though hut for a time, and of the civil !
liberty of any portion of the good people of
this union how distant and small soever, I
never w ill assent while I have breath to make
my protest heard.
Gen. Jackson’s first step, after his arrival
at New Orleans, was to propose to the legis
lature of Louisiana, then in session, a suspen
sion of the hnbeus corpus ; induced, it is said
to recommend that odious measure, by rep
resentations made to him by Gov. Claiborne
of the disaffection of the people. If the Gov- |
ernor’s apprehensions were not inspired by
the General himself, the General knew, as j
"ell as any body, what reliance was to he j
placed on the Governor’s judgement. The !
I Legislature knew its constituents as well as
tile Governor, and better than the General :
that body certainly was not disaffeeted ; it
was, doubtless the best judge, whether the
proposed measure was necessary or even ex
pedient ; and it was deliberating, we are told,
“with great caution" (as well it might) “ up
on its right and power to adopt such a meas
ure;" when Gen. Jackson had not only sus
pended the habeas corpus hut proclaimed mar
tial law. Forthwith the city of New Orleans
and its environs were converted into a
camp, and put under a rigorous military po
lice.j|
He rests his defenee of course, upon the
tyrant’s plea, necessity. That such o meas
ure was necessary, I have the authority of
the Louisiana legislature for doubting; and
Gen. Jackson has Gov. Claiborne's word for i
* See Hclil’s I.ilo of General Jackson, n. 19, 20. I
t Life of (Juucrul Jackson, p. loO-l.'iO, Niles’ Hoc. ;
VI. 14*i-40.
I Life of Jackson, p. 821, 2110. i
H Life of Jackson, p. 275. 97:*.
i $
9k
▼
(H'iieuug. If all that tiov. t. laihornc told
him were proved to lie true, I should still de
ny the necessity. During the arduous strug
gle of the revolution, martial Ian was never
once proclaimed. Amidst the distraction of
a civil war. when whole regiments of refu
gees and Tories were embodied in the service
of the enemy, ami their friends and kindred
dispersed over the country, General Wasing
ton though for a time clothed with almost
dirtatorial powers, never proclaimed martial
law. When Gen. Green was fljing before
Lord Cornwall's through the Carolinas, and
bis enemy was deriving almost as much aid
from the torics as he could obtain from flu;
whigs of that country,he yet never proclaim
ed martial law. Did they want prudence,cir
cumspection, energy ? No,sirs; but victory
over tin; enumv would have had no charms
for them, if achieved at the expense of liber
ty. The ready resort to violent measures in
ail situations of difficulty, is generally the re
sult of weakness of understanding and wick
edness of heart combined.
I shall make, one more remark upon the
principle ofthis measure, which those who
have studied our constitutions only, will think
absurdly superfluous, but which whoever lias
studied our history aiso, will allow to be sea
sonable. There is no man or body of men in
this nation competent, under any circum
stances, to proclaim any martial law within
our own territory. The President cannot ;
Congress cannot ; both concurring cannot:
the most they can do,is to suspend the habeas
corpus in two specified cases, invasion and in
surrection, and then only when necessary.
The invasion or insurrection does not ipso
facia create the necessity.
But, if the necessity and wisdom of this
measure, and Gen. Jackson’s competency to
adopt and enforce it, be all granted ; let us
see,whether in the actual exercise of the high
prerogative with which he had clothed himself
lie preserved any bounds of moderation ?
whether he stopped short of extremes, which
no necessity required, which no expediency
recommended, and to which he could have
been incited,only hv the intoxication of abso
lute power, the wantonessof caprice, or the
madness of passion ?
While the event of the contest was yet
doubtful.on tiie vague information of his aid,
Mr. Duncan, that a design was agitated a
mong the members of the legislature, to pro
pose capitulation, and surrender to the invad
ing enemy, Gen. Jackson, though he must
have known,that in the actual state of things
(martial law still prevailing) such a design,
could not he executed without his consent,
“ ordered Gov. Claiborne closely to watch
the conduct of the legislature, and the mo
ment the project, of offering a capitulation to
the enemy should he fully disclosed, to arrest
the members, and hold them subject to his
future orders. The governor, in his zeal to
execute the command, and from a fear of the
consequences involved in such conduct, con
strued as imperative an order which was
merely contingent ; and placing an armed
force at the door of the capitol,prevented the
members from convening, and their schemes
from maturing.”* The historian does not
assign another reason for Gov. Claiborne’s
precipitancy, which 1 have heard, and have
no doubt was the true one; that Gen. Jack
son had before threatened to hang him if he
should hesitate to do whatever he was com
manded, or presumed to exercise his own
judgement. But if the governor he responsi
ble for shutting the doors of the legislature in
the first instance, who is to hear the blame of
keeping them shut ? For, in fact, they icere
kept shut, from the 28th of December. 1814,
till about the 20th of Jan. 1810, when the en
emy retired to his Ships.f
After the enemy, foiled and broken, hada
hnndoned the enterprise, surely the suspen
sion of civil law and justice,and the tyranny
of martial law could no longer he necessary.
Was civil liberty yet restored the city ? No :
military despotism was still sternly maintain
ed.
On the 10th of March, Admiral Cochrane
announced through Mr. Livingston, who hud
been sent to the British fleet to settle a car
tel, that news of peace had arrived at Jamai
ca* Certainly the necessity of military des
potism was now at an end. Did Gen. Jack
son relax his absolute authority ? It was only
the occasion of enslaving the press to his im
primatur.
A few days after this intelligence,Mr. Lou
aillier, a member of the Legislature,published
a paragraph in the newspapers, calculated.we
are told, to excite mutiny among the troops,
and to afl'ord the enemy intelligence of the
situation and disposition of the army.—The
printer is incontinently brought before the
General, and compelled (the poor printer
afterwards told the story to his country, but
it had no ears to hear) to disclose the au
thor’s name. Mr. Louaillicr is forthwith ar
rested by a fde of soldiers, without care or
thought of the privileges of the assembly to
which he belonged, dragged to camp, put in
to straight confinement,* and arraigned
befoie a Court Martial, as for a capital of
fence. f
Mr. Louaillicr was not absolutely friendless,
nor had his friends lost the sense of freedom.
They applied to Mr. Ilall, district judge of
the C. States, for an habeas corpus, which he
accordingly issued. The General knew (he
been a Judge himself,) that Judge Hall was
bound by his oath ofolfice and at his peril to
issue this writ. Every end he could have rea
sonably desired had been answered by simply
disregarding the precept. But he was not
dontent with that; and. as if for the purpose
of showing that martial law w as something
more than the suspension of the habeas corpus,
he seized the person of the Judge; exposed
him and his function to ridicule and contempt;
brought him tinder camp ; detained him for a
time in close custody ; and then sent him by
force, beyond tin* limits of his encampment,
which included the city of New Orleans and
environs, with orders to remain in exile from
his family and his home, till peace should be
regularly announced ; for it seems from the
order itself, that the General knew that peace
was in fact conluded though not yet formally
communicated to him, The District Attor
ney, Mr. Dick, an honourable man, (I know
him well,) applied to Judge Lewis for a ha
beas corpus to liberate Judge. Hall, which
Judge Lew is granted. The General intantly
arrested Mr. Dick, and issued an order to ar
* Life ofJnrksoii, p. 319, 321.
t Life of Jack1oil. p. :r. I.
^ ___-_-_....__ _
icsl Judge Le wi* al»o. Both Ih< M gciiwemeu
had iwrnlly Imrne anus, under the (icneral,
against the enemy 4
I l.ifr nl Jackson, p. I?3, 381.
(To be continued.)
Sauna, July 21,1827.
AWFUL VISITATION.
Several persons were labouring in a field
about two miles from the village, yesterday.
They had just finished a stark of hay, as a
shower commenced. A part fled to the
house, hut four of the labourers took shelter
under the stack. The men who fled to the
house had scarcely arrived, w hen a flash of
lightning, with a simultaneous report, called
them to the door. They looked, and the
stack of hay was on fire. They hastened
with all speed to the spot, and dragged their
companions from the flames. Two were soon
resuscitated ; the others were fixed in death.
The four were all sitting together in a row.
with their heads leaning back, and convers
ing at leisure. The two men that were kil
led, had entered, it seems, into something of
a dispute concerning the nature of lightning
and how its effects were produced. One of
them expressed himself very strongly, that he
wished it would strike some object, not far
off that he might see the effects. This wish
was no sooner expressed, than they were all
enveloped in flames. A portion of the fined
entered the hack side of the head of the indi
vidual win* had thus expressed himself, rend
ing his hat in pieces, and cleaving an orifice
into fhe brain. The deceased were found
sitting in exactly the same posture as when
conversing, with their arms folded leisurely
across their breasts. It was a shucking sight
to behold the flames lighted up with fire from
above,and these bodies lying around. These
two men were distinguished among their ac
quaintances for their profanity; and were
said to he much alike; each of them having
apparently broken over all restraint from con
science and religion. They have each left a
wife and five children.—Western Rec.
Hayti.—A letter to the editor iff the A
merican, from a friend at Porte an Prince,
under the date of the 5th tilt, says : —“ The
Island is not so quiet as when I was here last.
On the 3d inst. four government officers were
tried condemned, and shot, for a conspiracy
to murder President Boyer. Two more
have been arrested, anti await their trial.
These proceedings have caused some alarm
among foreigners, and I think the sooner I
can leave this the better. Yesterday being
our fourth of July, the Americans here to the
number of twenty, sat down to an elegant
dinner, in celebration of the day. I enclose
you tlie toasts and sentiments offered on the
occasion.”
COUNTY POST.
LITCHFIELD, AUGUST », 1827.
Tlic trial of Jesse Strang for the murder of Mr.
John V hippie, commenced in Albany on the 2tilh
ult. and closed on the next day, by the jury’s returning
a verdict of gui/ly, against the accused.—Although
murders in some parts of our country are becoming
quite common, yet in the northern and middle states
they are of so rare occurrence that much anxiety is
felt by the public when tin individual is known to pos
sess sufficient demon-like hardihood to destroy the life
of a fellow creature in cold blood. The case of Strang
is one of peculiar atrocity. He murdered a gentleman
of wealth and respectability, who had never injured,
or scarcely ever knew him ; and whose interest clash
ed with his in no other w ay than that one was the hus
band and the other the vile paramour of Elsie D.
Whipple. After having satiated bis infernal passion,
in murdering the husband of his mistress, lie returned
to the house, where be was known only as a servant,
and actually sat as one of the coroner’s jury upon the
body of the deceased. The account of this trial occu
pies six solid columns of the Albany Argus. We have
extracted such pails of the testimony as appear to us
most interesting in the ease. Strang was convicted
upon confessions made sometime since, and upon cir
cumstantial evidence.—The first witness sworn on the
part of the prosecution, was A. I,. Van Rensselaer,
w ho testified that lie resides at Cherry Hill, a farm
about one mile south of the Albany Bank, where wit
ness still resides with his mother,Catharine Van Rens
selaer. Between the hours of nine ami ten in the eve
ning of the seventh day of May last, he was in a room
on the second floor of the house at ('berry Hill,in com
pany with Mr. John Whipple,the deceased. Mr. Whip
ple was sitting at a table arranging some urrounts ;
lie sat on the west side of the tabic; witness sat at
the same table on the east side of it; the table stood
seven or eight feet from a window on tho west side
of the room : not directly opposite the window, but
rather south of a straight line. Whilst sitting at the
table, he heard it rain, and raised his eyes to the win
dow, where he saw a person’s face ; it was a w hite
face; the person had on a black hat and something
shining in his hands; witness sprung from his chair,
ami exclaimed Oh I Scarcely had lie made the excla
mation, when he heard the report of a gun,saw Whip
ple rise from his chair, and heard him exclaim, Oh
Lord ! Witness left the room to go down stairs, and
Whipple followed him and fell on the second step of
the stairs, and expired almost immediately. Witness
seized a gun that hung in the hall, to go in pursuit of
the murderer: but was prevented from going out by
bis family. In a few minutes he went to where the
deceased was lying; he was then gasping his last
breath. The sliot came through the north pane of the
window, and the ball entered tho left arm of the de
ceased. There is a shed on the west side of the house,
on w hich the person must have stood who fired the
piece; the shed extends south of the north side of the
window; from it a person might look directly and not
diagonally into the room. It was a moonlight night ;
though where the person stood who fired the gun it
w as shaded : is positive the person had a hat on ; did
not recognize him as Strang; could form no opinion
of the features of the person lie saw , except that the
face was white.
The prisoner at the bar, Jesse Strang, was hired
by the father of witness to work on his farm, on the
UtUh day of August last. Strang represented his
name to" he Joseph Orton, by which name be went
until his commitment upon the present charge, and
that he was an unmarried man. Shortly previous
to the 7th of Mav, Strang told witness there were
persons lurking about the house for no good; he
said he had seen them at the court-yard gate, and in
the court-yard, which is on the west side of the house;,
tiiat he did not think they were after him, (Strang,) or
the witness, as witness was frruuently out late, aud
there was no necessity for prowling about the house
for him; hut he thought they were after Whipple, as
'lie often came home with his pockets full of money.—
Told witness not to mention it to any of the family, as
they might be alarmed at it; witness did, howrver.tell
his mother, bis sister, Mrs. Whipple, and all flic fam
ily. Strang told witness this story three or fourtiines.
For some lime previous to this, Whipple had keen ab
sent from home, and was expected to return. O.i the
l-Jth of April Strang said ho was going to Troy, lie
left home aud was gone ail night; he returned next
day. t’annot say that Mrs. Whipple was from Imim
that n'jght. Sometime within a fortnight previous t
the 7th of Mav, w itness was iu town with Strang,wit >
priced some rides at Edward Fav’s, in Bcaver-strect:
and also called at oue Moore’s, for the same purpo.e .
He said he meant to buy a good rifle before he went
to Ohio, from whence he said he had come. He boast
ed of his skill ns a marksman. On the 7th of Mav,saw
t
n.m Ii.iK' i. tin U .11 iu »«« IiaihU; Ik mw ii v a* Uiu
softest piece of trad he r»er had m hi* hand* m hislif,.
Previous to the murder, he did nm know that Strung
owned a rifle. On the ev ruing of the 7th Min , abotrj
sun-down. Strang went to town. About fifteen or
twenty minutes after the murder, saw Strang at tlu
foot of the stairs,.where the deeeused bit ; when lie
approached the deceased, hi* face turneif white ns a
ghost, and witiies* immediatelv suspected him. The
family owned a dog. au excellent watch dog, which
would not permit Stranger* to approach the house,ami
even frequently kept away their hired men until he
became familiar with them. Five or nix minute* after
the report of the rifle,saw the dog in the kitchen stoop:
the wench who lived in the family called him, and he
would not move.
On his cross-examination, the witness said that on
tile evening of the 7th May, he requested Strang to
purchase some oil of spikenard for him in town,which
i he saw iu the kitchen the next morning. The dog
laid on a different side of the house from where the
| sited was, on which the person stood who fired the
I gun. That he w as examined as a w itness on the coro
ner’s inquest, and rial not express his suspicions of
Strang, as he wished not to sat any tiling against him,
he being one of the family, although lie suspected
him. On the night of the 7th, witness slept with
Strang.
Dinah Jackson, (a black woman nged about fifty,
and servant to Mrs. Van Rensselaer,) testified,thatsiio
was in the kitehen of the house at Cherry Hill on tin;
night of the 7th May, and heard the gun fired. She
went out, called the dog, and tried to send him after
tiie person who fired it; the dog laid on his bed and
refused to stir. The dog is a very watchful dog, amt
never permits strangers to come near the house. Alter
the murder, saw Strang come in at the front door with
a crowd of people. Previous to the murder, heard
Strang say there w ere people about the liouse.andthat
they did not come for any good. Heard him and Mr.
Whipple talk about shooting people who were about
the house at night. Whipple asked him why lie did
not shoot them? Strang answered, suppose I should,
and should shoot you, what would become of me ?—
Whipple replied, no l'ear of me; I shall take care you
shan t shoot me-—V* itness was asked if the prisoner
had ever proposed to her to poison Mr. Whipple. She
answered, that a good while previous to the murder,
she was one day preparing dinner, and Strang was sit
ting in the kitchen, and asked her if she would poison
Mr. Whipple ? Site answered that she would not for
all the world—not for tiie whole state, lie laughed,
jumped up, and went away. The circumstance had es
caped her memory, until inquiriesrespcctiugit hadJate
ly been made ofher. Some time in the spring, alter the
ground itad become settled, Strang was absent from
home on a certain day; he returned the next morning at 8
o'clock. On the day he was absent, Mrs. Whipple left
home at four in the afternoon, said site was going to
Fobcs’; she came back tiie next day at eleven. Previ
ous to the murder site never knew that Stran" owned
a rifle.
Edward Fay testified that lie is a guit-mitb, and re
sides in Beaver-street. INot positive that he knows
the prisoner. After his commitment, saw Itim in jail,
and recognized him as a person to whom lie sold a ri
fle, at about ten o’clock m the evening ol" ihe 8d May
last. Rifle in court shown to him, which lie identified.
The person to w hom he sold the rifle gave him a $-?0
hill, of the Phoenix Bank, of Hartford ; lie returned
1 $5, retaining 15$, the price of the rifle. The bill he
1 received, he paid to Spencer Stafford. The bore of
this rifle is not unusually small; it takes 951 balls to a
pound. The ball shew n to him, identified by Duet.
Wing; he said it would suit tiie riflic. lie remarked
i ■sonit' peculiarities in the purciiaser, on the night lie
sold the rifle. lie did not make any particular inqui
ries: lie only asked if it was a goo'd rifle. Witness
asked $19 as tiie pr.ec of the rifle. The purciiaser of
fered him $15, which he agreed to accept; the pur
chase was made, and lie went off; the whole a short
| transaction.
fctarr loot testified that on the Sd of May ia.it lie was
a bar-keeper at Fobcs’ Columbian Hotel,‘and gave a
twenty dollar bill, of the Hartford Phoenix Hank, to
Mrs. Whipnlc. Does not recollect the number of
the bill, and cannot identify it; the bill lie gate to
Mrs. W hipple he received from Mr. Fobcs to deliver
to her.
Philander Fobcs testified that be keeps the Colum
bian Hotel; and that on the ltd day of May, about 11,
A. M. he gave a twenty dollar bill, of the Hartford
Phoenix Dank, to Starr Foot to deliver to Mrs. Whip
ple. Cannot identify the bill; pot no mark upon
it, and did not take the number of it. Don’t recol
lect, however, that he ever had a bill of that bank
and denomination before, and is sure that at that
tone he had but one bill of that bank und denomina
tion.
John Becker, (iailor of (he countv prison,) testified
that he was withMr.Perobcrton when the riflespoken
of by him was found. It was found on the llith June
last, in a rise of ground in a ravine, buried up in mud
and leaves; bad it not been found, every shower, by
the increase of alluvion, would the more effectually
have concealed it. On tin: evening of the 15th June,
the prisoner described the plate where the rifle could
be found. It could not have been found had he uot
given information. He made an ineffectual search for
it after the prisoner described the place of its conceal
ment, returned to him, received a second description,
and on renewing the search, found it. The prisoner
also told him where he would find some poison, and
on searching the place described by him, which was a
back-house, he found between the brace and the.
weather-board, cautiously hid, a paper containing a
powder, said to be arsenic, which he delivered to the
district attorney, or to Mr. Cole, the police magis
trate.
William W ilson testified that lie was a hired man,
and lived at Cherry Hill. Coining from tiie barn one
. morning, the piisoncr observed, pointing to the win
dow, that it w as a fine place to shoot in. Witless an
swered, it was a foolish thing to think ofsuch a thing.
At breakfast table, the next morning after the murder,
witness asked the prisoner if he did not recollect the
conversation he had with him about shooting in the
window ! He answered, Yes. Nothing further was
said. The prisoner get up Iron, the table and w ent out
of doors.
Francis Hill testified that she is the wife of James
II.II, who keeps a tavern on the turnpike road between
Schenectady and Troy, about tw o and a half miles
west of the aSiskeuna road. In April last, a mail and
woman put up at their house. They arrived between
sun-down and dark, in a onc-horse waggon. It bad
rained that afternoon, and it rained when they came
there. There was a remarkable thunderstorm that
day. She said she thought she recognized the prison
er, but was afraid to swear that it w as the same person
who came to her house. [When asked if she knew
the prisoner at the bar, she turned to look at him. lie
at first attempted to stare her out pf countenance. He
then began to laugh, and had to stop his mouth with
his handkerchief The witness was confused aud
frightened.] The week previous to the court in June
last, she saw him in jail; when he was shewn to her
she thought it was the same person. Had not then,
nor has she now, any doubts that he is the man. The
woman that came with him she also saw in June, who
she was told was Mrs. Whipple, and she bad no doubt
it was the same person; she had no fear to swear that
she was tho same woman. The man and woman staid
all night, and went ofF the next morning. In conse
ouencc of what Mrs. Whipple said, witness conducted
them into the same room to sleep. There were two
beds in the room, only one of which w as occupied du
ring the night. The prisoner had on the same dress
he now wears.
On her cross-oxamination, she said that she had
never seen tho prisoner or Mrs. Whipple previous to
seeing them at her house. When taken to jail, she
went to see whether prisoner was the same person
who was at her house. She found him confined alone
in a room.
Nancy Montgommory testified that she resides at the
house of Mr. Hill. Elite said sho thought sho knew
the prisoner, but could not swear that he was the same
person who came to their house, though his counte
nance favored that person; she had no doubt it is the
same person. The prisoner came to Mr. Hill’s one
evening in April; Mrs. Whipple came with him. Has
seen Mrs. \\ hippie since; is not positive 'she is the
same person, but has no doubt ot it. There was a
thunder storm that dav. They represented themselves
as man and wife. Prisoner was dressed as ho is uow;
his coat and pantaloons were the same now worn.—
She observed them more particularly than visitors gen
erally ; they looked very young, and very fond of each
other. She thought it strauge they were going to
i New-York without baggage, and the gentleman hav
ing no great coat. Thinks the waggon in which they
| came was a grten box waggon.
Charles CoiicMiu testified that lie keeps a liverv
stable in the city of Albany. That in April last, the
prisoner hired a horse and waggon of him. it was a
block onc-itorsc waggon; that Is. the wheels and filis
were black, the body green. The prisoner said lie
w as going to Troy. Whenjhe came to take the wag
. gon and leave, h«‘ was dressed as he is now; when he
fa si applied to him, he was dressed in his working
i sale s. Has not seen him since. Has no doubt it is
I , sen- person H raid he lived w - t, Mr. Whlnple,