- -
T H E L I H. H.
wºn BY HIMSELF, WHILE IN PRISON AWAITING TRIAL FOR
MURDER OF MR, AND MRS. DAVID STILLMAN,
OF SHIEFFIELD, MASS.
A LSO A FULL REPORT OF This TRIAL. CHARGE TO THE JURY.
AND VERDICT, WITH A SKETCH OF THE PLACE WHERE
THE CRIME WAS COMMITTED.
PUBLISHED BY
D. A v. In or con N E L L.
Entered according to the Act of Congress, in the year 1878.
BY DAVID O'CONNELL,
In the Office of the Librarian of Congress, at Washington, D. C.


THE LIFE
EYE!,
Wººttºx BY HIMSELF, WHILE IN PRISON AWAITING TRIAL FOR THE
MURDER OF MER, AND MRS. DAVID STILLMAN,
OF SHIEFFIELD, MASS.
OF
ALSO A FULL REPORT OF THE TRIAL, CHARGE TO THE JURY.
AND VERDICT, WITH A SKETCH OF THE PLACE WHERE
THE CRIME WAS COMMITTED.
PUBLISHED BY
D. A. VID O’C O N N E L L.
PITTSFIELD, MASS.:
SUN B00K AND JOB PRINTING ROOMs, 10 1-2 North STREET.
1878.



PREFA CE.
It is not my object in giving this sketch of my life to the public
to do it for gain nor for fame; but as I have been arrested and
imprisoned on a charge of murder, and am innocent, and seeing
that some of the County papers have indulged in so many false
reports—yes, base lies, about me, few of which I intend to
put into my sketch, I feel it my duty, to show the world how
an innocent man may be slandered, and perhaps tried and con-
victed, condemned—perhaps executed—through prejudice grown
out of false reports and without the slightest foundation. I
mean to make a truthful statement in my sketch, and also to re-
quest those whom it may reach, who know me, to confirm my
statements by publication in one of the Pittsfield papers, as I
shall make arrangements with the editor to insert all such com-
munications or any other that he receives fully signed; also any
contradictions of my statement with particulars also fully signed.
I propose to give the sketch to show first, my birthplace, school-
days, places of residence, and different towns and acquaintances,
also to show how a man may suffer even undeservedly; and no
doubt many who have known me will read it with sadness, and
see what a sad wrong I have undergone and suffered. -
John TEN Eyck.
-

LIFE OF JOHN TEN Eyck.
–-
I was born in the town of Lenox, Berkshire County, State of
Massachusetts, in the north district of the town, two miles north
of Lenox and four miles south of Pittsfield. The house stood
on a cross-road going west from Walter Richards', one-half mile
on the road towards the Samuel Belden farm, or then Colonel
Levi Belden's, the father of Samuel Belden. My mother's name
was Orrilla Mariah Fletcher; my father's name was John Ten
Eyck. He had formerly been a slave in the State of New York,
and ran away and came to Lenox, where he went to work for
Judge Walker, and worked a number of years, during which
time he formed an acquaintance with my mother. By him she
had two children, both boys, one older than I am, 2 years and
7 months; his name is William Henry Ten Eyck. My father
never kept house with my mother, but had her boarded where I
was born. The names of the people where I was born and
lived with for some years, were Joseph and Nancy Kelson, per-
haps one of the most respectable colored couples ever known in
the County. They had a small place of three acres of land,
always kept a cow, and were hard workers and good livers. My
mother, brother and I lived with them until I was 13 months old,
and he, (my brother) was then 3 years and 8 months old. Previ-
ous to this time, some two months, my father had run away and
left my mother and us two children; so my mother being discour-
aged, and knowing that we had a better home than she could
give us, consulted Nancy Kelson, who had become greatly at-
tached to both of us children. It was agreed that my mother
should go off and leave us with her on this condition:—that my
mother should never come and take us away from her. Now Jo-
seph and Nancy had kept the poor of the town of Lenox, previ:
ous to this and afterwards, over 30 years in all; so she applied
to the town for our support, and received a slight sum for that
purpose until I had got to be five, and my brother seven years

5
and seven months old. The selectmen proposed to put us out
until we were twenty-one years of age, to some good farmers,
but Nancy, rather than part with us, took us off of the town; *
hers, and commenced sending us to school the sameSpºng.
I shall here state some changes that took place in the coº of
this year, merely to show those who were our neighbors, what a
memory I have now at the age of forty-six.
The school house where I went to school stood on a cross-road
one-half mile north of the one on which I lived, and to go to
school it was nearer for my brother and I to go across the lots.
so that we did not have to go more than two-thirds of a mile to
get there. My first teacher's name was R. Angeline Cºsº, from
Blandford, Mass. I went to school all that summer, and I never
saw my teacher again for thirty years; but I knew her as soon as
I saw her, although she did not know me. She was then married
to Mr. George C. Gibbs, of Blandford. I bought a place in
Blandford, and Mr. Gibbs gave me a warrantee deed of it, he
having a mortgage upon it. But to return to my school days; I
went to school the following winter. My teacher then Was Mr.
F. W. Manly; he has since been depot agent at Washington for
many years. [Washington, in Berkshire County, between Hins-
dale and Becket.] I did not see him again for eighteen or twenty
years, but I knew him at first sight then, and I made myself
known to him, and I think I stayed with him one night.
The following spring I commenced going to school again to a
lady by the name of Sarah Ingles, who then lived the first house
north of the Congregational church in Lenox, I was now six
years old, and I remember how odd it looked to me to see a lady
chew tobacco, for she used the weed, and she also had a mattress
in the closet where small children, like myself and some others,
were carefully stowed away, when we got sleepy, on those long
summer days; and after a good map we were permitted to go out
and play, and then return to the school-room to go through tho
task of saying our letters, reading and so forth. I remember 8
of the names of the scholars in the school, every summer anº
winter, during all of my school days, perfectly well, to-day, as :
it was only a week ago. -
The next winter I went to school to the same man that I firs
went to, Mr. Manly, for he taught two winters. Nothing occurred
during this winter of any importance, or at least not enough to
take time and space in my little sketch. -
The next spring I was seven years old, and commenced to go
to school to a lady by the name of Elizabeth Judd, daughter of
Capt. James Judd of Lenox, and a near neighbor to me in the
same district; this was my last term of going to school in the
summer, but I went winters, as I shall state hereafter, and my
next winter's teacher was Mr. James Barret, a resident of the
same town, and same district also; he taught two winters. The

6
next teacher was Mr. George Fitch, who is now Deacon Fitch, of .
the Congregational church of Lenox; he taught two winters. The
next and my last teacher was James Mattoon.
But the spring that I was eight years of age, I did not go to
school. During that summer, I used to go over to Col. Belden's,
and scour the knives and forks, and scour out the great old man-
ble sink, and wash milk pans, and churn, and do such errands as
a boy of that age generally gets enough of to make him wish he
was a man and had some boy to do his running for him.
But when the winter came and school commenced, I went to,
school again, and I was always steady at school, and I do not
think I had ever lost or missed a day up to this time of my school-
going. I passed this winter a steady attendant, and the following
spring, that brought me to nine years of age, I went on errands.
rode horse to plough, furrow out, and got so I could drive a horse
to the village, drive oxen to drag, spread hay, and do a great
many useful turns about the Colonel's place, and they used to get
me to drive the horse for the young ladies to Pittsfield, Lenox
and Lee. The daughters of Col. Belden, were Miss Catherine
and Eliza, whom I used to accompany as driver, and they used
to set me copies in writing, hear me recite in geography and
arithmetic. I do not remember ever to have received a penny in
cash from either, during my whole life. [I mean the girls.]
There was another daughter older who was married, and her hus-
band's name was Thomas E. Steel, but she was gone away before
I commenced to do any work in the family, but she lived in Lee,
Mass., where I used to go with the other two girls as driver, with
a horse and an old fashioned two-wheeled carriage, several times
in the course of the Summer. -
Thus passed my life for some time, during the summer days
working for the neighbors for what they chose to payme for such
work and services as I was able to render them, which was light
work and errands mostly. But there is one thing I would state
here. I was always looked upon as an honest and a trustworthy
boy by all who knew me; and so I was, and I do not remember
ever to have done a wrong thing to any individual, nor to have
made a misstatement in any case or form. There were other
poor boys in the neighborhood besides me, but I was the one al-
ways chosen to be trusted by the neighbors where others were
refused. -
And I will furthermore state here that I was never punished at
school for any offense but once in my life, and I will relate what
this was for, as I have plenty of time. During one of my terms
of summer school, on Saturday afternoon, the teacher and some
of the largest girls were cleaning the school house, as there was
to be a meeting there at 5 o'clock on Sunday, and a boy by the
name of Collins Brooks and I were carrying water from a spring
to the school house for this purpose. There was a green frog in
the spring, and we put him into the pail and he kept to the bot-
7
tom until the teacher put her scrub brush in the pail, when he
rose to the top of the water, and of course, frightened her. She
then inquired into the matter, and I told her that I put it in on
purpose to scare her, and she made me stand in the middle of the
schºol room with my right hand raised over my head for ten
minutes. I am positive that was the only time I was ever pun-
ished for any offense in school.
My time was spent during my summers, until I was twelve
years of age, working for the neighbors, sometimes a week at a
time and sometimes a month, in haying and harvest, so that I
got to be able to do considerable work. Finally when I was
twelve years of age Nancy Kelson hired me out for six months,
for three dollars per month, to work for a farmer by the name
of James Williams, who lived in Lenox on East street. I work-
ed that summer, and in the fall went back to my old home to go
to sehool, and the spring that I was thirteen years old I hired out
to Mr. Samuel Belden for eight months, for three dollars and
a halfper month, and when my time was out hired to him again
for the winter for three dollars per month. He took a job of M.
S. Wilson, cutting and drawing wood, and I worked in the woods
all winter. In the spring I came to Pittsfield to work for Lawyer
Thomas A. Gold, who lived on East street, where Lawyer Kel-
logg nºw lives, in a red brick house. Gov. Briggs lived across
the road at the time. I became a great favorite of the Govern-
or's. A nice man he was indeed. -
When I went to work for Mr. Thomas Augustus Gold I was
fourteen years old that spring, and I was to have five dollars per
month for 8 months, and do chores for my board and goto school
in the winter. My work was light; only to take care of a horse
and one cow, go on errands and drive the carriage, wait on the
table &c. But never was I allowed to play with any of the
boys in the street. If I had time to play I had to invite some
boy to Mr. Gold's backyard; I had one play-fellow almost always,
a colored boy who lived with Gov. Briggs. His name was Geo.
Briggs Elky, and as I used to go to the Governor's to carry
milk sometimes, I got acquainted with him and we became fast
friends. I was pleased with my new place and I soon was liked
by every member of the family, and I was not allowed to work
in the garden or field. The family consisted of Mr. Gold, his
wife, a son who was at home then studying law with his father,
and one daughter about my age, Miss Maria Gold. She taught
me to play on the piano, and I soon got to be quite an expert
for one of my age and inexperience. Mr. Gold had also one
son in New York a merchant, and he had a sister, then an old
maiden lady, whose name was Martha Gold. I believe if there
are any anges in heaven she is one of them now. She used to
give me a lesson three times in the week in the New Testament,
and hear me tead, instruct me and give good advice. Mr.


8
Gold kept two hired girls, one by the name of Fanny the other
Mary. The latter was a large Irish woman, about forty years of
age, with both red hair and a red face. Mr. Gold's people kept
plenty of wine and brandy, and Mary the cook, generally known
as “Red Mary,” carried the keys to the locked cellar, and she
used to like a drop. I found it out for she often sent by me to a
certain drug store to get her a quart of liquor, but never sent
any money for it. If this should reach the man's eyes who kept
the drug store, he will remember Red Mary if he does not re-
member me, although he has known me from my infancy up to
thirty years of my life. This getting rum for Red Mary, at the
drug store, was the means of my first glass or first taste of rum.
She sweetened some in a goblet, put some nutmeg and warm wa-
ter in it, and told me to drink it. I remember how I refused at
first, but finally drank it all. I never have forgotten how it
made me feel, because I have been reminded of it so often since
by the same kind of feeling.
Oh! Cursed be that first glass, I warn all young men and boys
never to yield to such a temptation, for I tell you of a truth, it
has caused me worlds of trouble and sorrow. But do not think
that I mean to say that rum got me into this trouble which con-
fines me here to-day, for I do not allude to this as any trouble
that I have in any way caused myself. God knows that I am in-
nocent of the grime of murder. Thanks be to God that I am;
but I sit in a cell in the Berkshire County prison, awaiting trial
for murder, and that is the reason why I am writing these words
to pass away the time.
I think the most pleasant summer of my life was this summer
when I was fourteen years of age, and lived with Mr. Gold. In
July I used to drive him to Lenox to attend court, and if it rained
I used to stay all day and put the horse in M. P. Wilson's stable.
Wilson kept the Hotel then which Wm. O. Curtis now keeps.
I had all the day to myself on such occasions, but if it was not a
rainy day I used to drive down with him in the morning and re-
turn alone, and go after him at night; so I had two trips on
pleasant days and one on rainy days, but I had no choice in the
weather. I liked to stay down there and I liked to ride, and
when my time was out it had been so easy, I thought I would go
to some place where I could have more to do and learn to work
on a farm, and I done so. I went home in the winter and went
to school, which was my last schooling; but I had opportunities
to go back to Mr. Gold's for years after, and I have never work-
ed in a place yet but I could go and work again if they wanted
a linau. -
I have stated previously that Mr. Gold's son, who was at home,
was studying law with his father, but he was practicing at the
bar at the time; he had graduated. I think he was educated at
Williamstown. At all events, he was of no benefit to me, as I



9
had to drive for him, and go fishing and hunting with him. He
always carried a bottle of brandy, and of course, I had to come
in for a share. Nancy Kelson had always taught me never to:
drink, and it was this that made me first think of leaving my
place. I remember that I did not sleep much the night before I
told Mr. Gold that I was going away; but in the morning I told
him, and told him not only one of my reasons, but all of them.
He told me I had better stay, but he could not persuade me to.
Said he, “John, you are an honest, true chap, and if you are ev-
er in want of assistance, do not be afraid to call on me, for any-
thing I can do for you I would do cheerfully, and it would be a
great pleasure.” . -
I went to school the winter that I was fourteen years of age,
and it was my last school term, and the spring that I was fifteen
I went to work for Samuel Belden again, at six dollars a month,
and the next winter I worked for him also, chopping wood by the
month, so that I was a year there this time. The spring that I
was sixteen years of age I hired out to Deacon Charles Mattoon
to work on a farm. He hired me to work for a man that he had
let his farm to. The man's name was Elisha Mason; he lived in
the same house with the Deacon. The farm is situated in North
Lenox, in the same district where I was born. I was to have
eight dollars per month and the Deacon was to pay me. Mason
was a great worker, and a hard drinker besides, and I also got
into quite a habit of drinking, that summer, myself; and to tell
the truth, the Deacon liked a little himself. I used to like to see
him when he had got a little down, he was so good and jovial at
such times, and I have driven his horse to Pittsfield, in the eve-
ning, to get a little whiskey, after I had done a hard day's work;
but I do not think I ever told anyone of it until now, as the
Deacon told me to keep mum about it.
I was now sixteen years of age the 23d of March, and I went
to work for Charles Matton on the first day of April, and my time
was out on the first day of October. I got married on the ninth
of October, and I was not seventeen until the next March. I
married a girl named Rebecca Robinson, who was born in Pitts-
field, and was brought up by the Rev. Hubbard Bebee, in Long-
meadow, and I think he was a native of this place. After we
were married I went to Washington, in this County, and worked
with a man who married my wife's aunt. We both went to work
there, her aunt being sick at the time. My wife did the house-
work and I worked in the woods with her uncle. His name was
Henry Nash, and he had taken a job of Mr Thaddeus Lyman,
and so he hired me to help him. I worked that winter hard,
both early and late, and all I got for my winter's work was fifty
ºts and my board. Rather rough, but such is life, thought I.
This spring I was seventeen years of age and my wife was
wenty. I hired out the first day of April to Deacon George
10
Fitch. He had been one of my old school teachers. He was
not Deacon at the time I worked for him, and I hope he is a bet-
terman now than he was at that time, for I shall never forget
how he served me about my pay. It matters not now, but cer-
tainly he did not deal honestly with me by a long shot, nor pay
me either as he agreed to. I hope these lines may reach him
before he dies, for he cannot help remembering how he used me.
My wife hired out at the same time, to Solomon Cole, Esq., of
North Lenox, so that we were not more than seventy rods from
each other, but I finally left George Fitch, and went back to Sam-
uel Belden's again, and staid until fall, and then went to keeping
house at the very same place where I was born, and my first child
was born there the next spring. I went to work for Walter Rieh-
ards in the spring, by the month, and stayed at home nights, as it
was only one-half mile from home. Our first child was a boy, and
lived until it was five months old, and then died with the whooping
cough. It was born where I was born, at Nancy Kelson's house.
Hereafter, I shall not attempt to keep dates, but merely to give
the general statements as they come in, and simply give the names
of the different people that I have worked for, and the different
towns, etc.
I worked for Mr. Richards through that summer, and the follow-
ing winter I went to work with my wife's uncle in Lanesboro. We
cut wood for Mr. John Partridge. In the spring we broke up
housekeeping, and my wife went to work for Dr. Oliver E. Brews-
ter of Pittsfield, and I went to work for Samuel Belden again, and
in the fall or winter I moved to Peru, and took a large job of cut-
ting logs, for Johnson Stebbins, and lost my winter's work, as
Stebbins moved out West, and left his debts unpaid, I being one
of the unpaid victims. Finally we had another child born, a girl:
it was born in Peru, and then I moved to Becket and went to work
for Charles Crosier, and then back to Pittsfield, where our baby
died. If trouble is a blessing I have been thrice blessed. After
this, we went to Lanesboro again, I always following my wife's ad-
vice. We moved into the house with her uncle, and he and I went
to work for Mr. Frank Brodie, upon a farm. He also burnt lime
and had a lime kiln. We staid there until Dr. Brewster came and
wanted my wife to go to work for him again, and, of course I gave
her her choice, and she went. The result was I had to break up
housekeeping, as I boarded at home, although I had planted two
acres of corn, had a good pig, also a good garden. I sold these
for what I could get, and came to Pittsfield and went to work for
the Shakers, with another of my wife's uncles, William Hamilton.
I was clear discouraged, and tired of my wife's management of
affairs. Then we had another baby born, a white one, this time.
and that put a damper on me; but it died in infancy, and we broke
up housekeeping for life, as things turned out.
I now resolved that I would let her take care of herself and all

11
the white babies she had a mind to have, and so we parted, and I
never have seen her but once since. She got a bill from me, then
she had two more children, and finally got married again. I have
not seen her in twenty-four years, and I do not know whether she
is dead or alive.
I next went into the barber business for a while, and afterwards
went to Troy, into a cabinet shop, and learned wood carving, with
Mr. Lyman Munson. I am A. No. 1 workman at the business, but
it hurt my stomach to work on a bench, and I had to quit it at last.
I then came back to Pittsfield, and went down to Lenox and work-
ed a while for Walter Richards, and from there went to Mr. Samu-
el Belden's again; so you will see that I spent a good part of my
young days in the Belden family, at one time and another. From
there I came back to Pittsfield, and worked for Agustus Robbins.
in the west part of the town, then I went back to Walter Richards
again- -
I next went to work for Marshall Hubbard, in the west part of
Pittsfield. He charged me eight dollars for being absent on eight
Sunday evenings from my chores, and I was only getting sixteen
dollars per month. He owed me thirty-nine dollars when my time
was out, and I took up twenty-nine and took his note for ten dol-
lars payable to me or bearer. The note was given by figures, in-
stead of wording the amount, and I took this opportunity to get
back my eight dollars which he had cheated me out of. I changed
the note from ten to one hundred and ten—just made one straight
mark—and sold the note for the last figures, but that was the dear-
est straight mark that I ever made. The result was, I was arrested
for forgery and acquitted, but I told the court that I changed, or
put the figure “1” to the note, and I was sentenced on the spot, to
three years, hard labor in the house of correction, at Lenox; though
paid back the money before I received the sentence. -
I would state, and take a solemn oath before God, that in all of
the different times that I have been punished for simple offences
against the law, I never was guilty of any of them, except the one
that I have justmentioned. I was once put in jail for stealing a
bag of meal, and the man swore that the meal was stolen in the
month of May and that he thought I took it. Now I was in prison
at the time it was stolen, but I was about half drunk at the trial
and did not make any defence, and I was sent to prison for six
months. Deacon Booth of Hinsdale discovered the fraud and falso
imprisonment, and got up a petition signed by all of the best men
in Hinsdale, including the selectmen of the town; but the lawyer
to whom the business was intrusted, was so slow about it, that I
had only two weeks to stay when he got ready to go to the Govern-
or with the petition, so I made up my mind to stay my time out.
and try to get pay for false imprisonment, but I had no money and
so I let it all pass by ; but the folks in Hinsdale have never forgot.
ten it nor never will, I hope.


12
meal in May, when I was in prison under a three year's sentence at
the time, and did not come out until July after. But theaw them.
did not allow prisoners to swear for themselves as it does now. I
am stating these facts to show how a man, who is poor, may be
made to suffer through the spite of officers of the law. Mr. Phine-
as Cone of this town, can testify to these facts, for he was jailor at
the time, but he never thought of the fraud until Deacon Booth had
ascertained the facts and got up the petition for my release. Oh,
when I think of some of my past life, it makes my blood run cºld
to see what I have suffered without just cause! But this affair is a
known fact through the town of Hinsdale, and also other places.
After this I went to Peru to work for Mr. Frank Frissell, a farm-
er, and worked six months. Just before my time was out he was
taken sick, and I staid after my time was out until he died, which
was, I think, about a month, and then I went to work for a mºtº in
Windsor, Mr. Nelson Watkins, chopping cord wood. I boarded
with Mr. Almon T. Pierce, one of the first farmers and also one of
the finest men of the town. The wood that I cut was on his farm,
but was sold to Mr. Watkins. I staid there and chopped all win-
ter, and spent one of the most enjoyable winters of my life. Mr.
Watkins was a good paymaster; I had one dollar per cord for cº-
ping the wood, and he paid cash every Saturday night, and I had
very good health and good board. I was an A No. 1 chopper, and
earned good wages. I worked hard, early and late, and earned, on
an average, two dollars per day, and I was steady at my work. Mr.
Pierce's family, I think, was the best family that I ever lived with.
Mr. Pierce had eight children, and they were the best family of
children in the County, -
The spring following I went to work for Mr. O. K. Dennis. He
lived in the East part of the town of Hinsdale. He was a good
whitewasher, and also a good paper hanger, and he took me in as tº
partner, and we commenced our first work in the month of March,
in the town of Hinsdale, for Mr. Plunkett. We first took the join
of whitewashing all of his mills, and we whitewashed all of the
mills in the town of Hinsdale, and about all of the mill tenements,
and three-fifths of all the dwellings in the village, and hung over
four hundred rolls of paper in Hinsdale and Dalton. We made
good wages and drank good liquors, the best we could get. We
finished up in Hinsdale and Dalton and went to Lee, where Dennis.
my partner, was held high in his art as a professional paper hanger-
whitewasher, etc. We first commenced work in Lee, for Printis
C. Baird, on his paper mills in East Lee. We boarded at the hotel
kept by Mr. Norman Strickland, and we earned wages that furnished
us admittance into good society, as we called it, but such as I have
since made up my mind was both unprofitable, and not wholly
proper or strictly up to the point of morality. Still, we wronged no
ºne but ourselves, though we abused the talents God had given us.
1. ºr better purposes and better use. -

13
We worked in Lee until the last week in June, when I went to
Peru to peel bark for Seldon Blackman, and Ilived in a shanty with
another black man, and we cooked our own food and boarded our-
selves for three weeks, and as I had some money and the other man
had none, of course I had to cash up for all of the food, as Black-
ºah was not to pay us until our job was done. We finished the job
according to contract, but I never got a penny for my work and I
never would sue Blackman for it. After I got through there I went
to work haying for Sylvester B. French of Peru, and after he was
through I went to Mr. Dwight Frissell's and worked untillate in the
*H, and then I went to work again for Nelson Watkins, and board-
ed at the same place as before, Almon T. Pierce's, in Windsor, and
chopped, the same as f did the winter before, and as two of his
sons had gone to war, Mr. Pierce hired me by the month, for seven
months. It was a good place, and I dare say he will give me the
ºame of being a good worker on a farm.
After I got through there I went to Ashfield, and went to chop-
ping by the cord for Mr. Enos Hall. I boarded with a man named
Jºhn Delaney all winter, and in the spring I went to North Bland-
ºrd and hired out to Mr. Joseph A. Gibbs, for eight months, at
twenty-six dollars per month. He was a farmer and built a large
ºrn that summer, and in the fall I laid all the stable floors, and
made all the mangers nights. I did work enough nights, after my
*ay's work was done, to pay for a fat cow and ten bushels of pota-
ºnes, and I got a woman to keep house for me, and went to house-
seeping in the fall after my time was out. I cut cord wood for Mr.
Gibbs in the winter, and in the spring I hired a house of Patrick
Nooney, and worked around by the job, chopping for W. P. Knox
in the spring and peeling bark, and then I worked for him and oth-
ºrs in haying and harvest. I laid a piece of wall for Samuel A.
ºrtholomew, Esq., and I worked for him until winter. That win-
ter there was the most snow that I ever knew in any winter in my
ife, but it was a good one for work, and wages were good and
money plenty with me, for I was always industrious.
In the early part of the winter I moved to Becket, about four
miles from where I had been living at that time. The man that I
went to work for in Becket, was Mr. C. O. Perkins, a man who is
well known as one of the most successful and the greatest experi-
ºnental farmer in this County, as can be seen by the printed agricul-
tural reports. I hired out to him to drive a team, and I was also to
break some colts for him during the winter, which I did with good
success. I lived in a tenant house belonging to Mr. Perkins, and I
kept the horses and the colts in the barn at the place where I lived.
worked for him all winter and in the spring I hired a farm of him
—the farm in Becket known as the Cone farm—adjoining Mr. Geo.
Huntington's farm, and I was to pay sixty dollars a year, besides
the taxes also. I was to have the right to cut wood upon the farm

14
in winter to pay the rent, and I was to have one dollar and twenty-
five cents per cord for cutting the wood; but I got along so fast
cutting the wood that he would not pay me but one dollar per cord.
although it was stated in my lease that I should have one dollar
and twenty-five cents, and his excuse was, that I was earning too
large wages, and that if every poor man in the country should be
dealt by in the same way the whole world would soon be ruined by
letting the poor people take advantage of the farmers. These were
Mr. C. O. Perkins’ pious sentiments in regard to a poor, helpless
laborer, in the christian town of Becket. - -
I staid on the farm and I did my workin summer, cut my hay
early, and before other farmers had got half of their haying done
I was all through, and ready to go out haying for others. I went
to work for my nearest neighbor, Mr. George H. Huntington, and
helped him through his haying and harvesting. He was a neat.
good farmer, and a nice man in every respect. After I got through
with him and when I had got my fall's work done, I went to work
for C. O. Perkins, laying wall. The wall across the road from his
house I laid from the school house south of his house, to the foot
of the hill north of where he lives, for one dollar and ten cents per
rod ; it is the best street fence in the town of Becket, and no doubt
many who see this will remember seeing me at that time, and none
will look upon me, who knew me then, or anyone whom I have ever
worked for, as a murderer, or an ugly, bad man; for I was always
liked wherever I worked, and have always been noted for my quiet
and mild temper, and for my particularly good example before child-
ren. - -
Now some people may think that I am guilty of this charge which
is laid upon me, and that I am writing this sketch fearing that I
may be convicted, but never have I possessed such a thought for a
moment, and I protest before God and man that I am an innocent
man, and furthermore this will not come before the public until at-
ter I am tried; but I simply want the public to know that I am not
as bad a man as the papers have represented me to be.
But to return to my places of labor. After I got through on the
Perkins farm, I went to North Blandford, about four miles east of
Mr. Perkins', and bought a small place of Zelotes Miller, and I re-
ceived a warrantee deed of Mr. George C. Gibbs. I went to work
for the neighbors by the day or by the job, and in fact, anyway to
get an honest living; and I have the best record as a laborer at any
kind of farm work, of any man that lived in the town at the time.
I once out in the woods for Mr. Gibbs, and he held the watch while
cut and split one half cord of beech wood out of one tree; I cut
the tree into three foot wood in eleven minutes, and I split it up in
seventeen minutes, making twenty-eight minutes cutting from one
tree, one-half cord of wood, and splitting it up. Mr. Gibbs piled
it as soon as I was through and measured it. I also mowed ten

15
acres of grass for David Hamilton, the same summer, in three and
one-half days, at one dollar per acre and my board, and it was es-
timated that there were thirteen tons of hay in the ten acres. If
anyone doubts these statements let them write to the men; they
are good reliable persons.
In my young days I learned to work at the Col. Belden farmin Len
ox, for the Belden's were great farmers, and I early formed a no-
tion that I would have a farm of my own sometime, and I made up
my mind if I did not do that I would always work for good farmers
if I worked for any so I never yet have worked for any but good
men and men of good standing, unless I went into a strange place
and got deceived. These facts can be plainly seen by the names of
the men whom I have mentioned. The summer that I have last
spoken of Iworked for a good many different men, jobbing and by
the day. I labored some for Abel Peckham, Jr.; he was a dairy
farmer and my nearest neighbor, and could have work at his place
always, as he told me he would give me work every day I did not
have it at any other place, and I found him one of the best of
neighbors. I hope I have returned his many kindnesses to me; at
any rate I always tried to do so, and think I always gave him good
satisfaction. - - - | -
The woman that I was living with at this time, was the same one
that first kept house for me in the fall after I got through work for
Joseph A. Gibbs. She also lived with me as my wife when I hired
the farm of Mr. Perkins in Becket, but at this time we were in
Blandford, and in the month of July she bore me a child—a girl—
and there was quite a talk about the unexpected affair; but folks
did not take the trouble to ask if I was or was not married, for the
people in Blandford are not disposed to so much popular meanness
as they are in the County of Berkshire, and I never have lived in
any place that could match Berkshire for injustice and oppression
of the poor. I have always kept posted through the papers of the
County and the State, and I have traveled one winter and sold Es-
sence, and I conversed with the poor in the almshouses in this
County and others, and I am sorry to say that Old Berkshire, my
birthplace, makes the most limited provision of any that has ever
come under my observation. I have in my possession a statement
of some town paupers whom I have had interviews with which will
show that these statements are correct. - -
In the fall after people had got through their fall's work, I took a
job of chopping, and got two men to chop for me. I took the job
of Mr. James Lemon, one of my neighbors, to cut of a wood lot,
about a mile from my house. I boarded the two men, and I made
a good thing of it that winter. I got all through by the last of
February, one month sooner than I had agreed to have it done, and
then I took another job of Mr. Charles Smith, another neighbor,
which lasted me until the first of April. -

16
I am simply giving the names of these men to show how good my
memory is, and to show that I was always at work, as all of these
men will well remember and assert; and I do not remember that I
ever worked for a man who ever refused to let me have a horse or
an ox team if I wanted one, for I have been noted both for being a
good teamster and one of the best hands to take care of stock in
the county or state. -
The next spring I hired out by the month for six months to a
near neighbor, Mr. Abel Peckham, and I worked from the first of
April until the middle of July, when sickness prevented my work-
ing longer, and he had to hire another man; but when I got so that
I could work again. I went to work for him by the day, and also
worked for others in the neighborhood. I will here give the names
of the men so as to give an opportunity for any inquiries about these
statements, if the readers of these lines feel disposed to make any.
that they may know that they are all true, and I certainly have no
object in making any false statements. I worked some for Capt.
Ely, also for Mr. Freegrace Norton, and for Luther Clark, Enoch
Burdick, Frank Mann and William Knox; also for Col. Simeon
Loren, by the day and job. I have worked for all of these men
more or less, off and on, and others in the town of Blandford, and
my reputation is good there, God knows, and I also bear a good
moral record in this County. In no town or county have I ever
had a fight with a man in my life.
I worked around for these different men until late in the fall.
when I hired out to drive team for James Lemon, and draw wood.
I stayed until spring, when I hired out to Deacon William E. Hins-
dale, for one year, and commenced on the first of April. I worked
until the month of August, when sickness prevented my keeping
on, as one of those affairs happened which is so common among the
poor classes, and especially with colored people; my housekeeper
brought forth again, and had a boy this time, and both the boy and
the girl are now living, and are with their grandmother in Bland-
ford, who lives on the same place that I have previously mentioned
in this sketch, which I bought of Mr. Zelotes Miller. They are all
the children that I have, and they have got a good home, thanksbe
to God. As I could not go to Deacon Hinsdale's again; I took a
job nearer home, of digging and stoning a cellar, and after I got it
finished, Ilaid a piece of wall for Mr. Philo Knox. When winter
came again I worked for anyone that wanted me, and continued to
do so until the spring opened, when I had a good run of work, as
usual, and good wages and good paymasters in Blandford.
I went to work first for Col. Simeon Larn peeling bark, and I
stayed until haying, when I was employed by Frank Tiffany. In
August my housekeeper went away with another man, and I got
her mother to take care of the children, and she and her husband
moved into my house, and they are now living there. In the fall I
17
went to Otis and worked until early in the winter, when I went
to Pleasant Valley, Conn., and there worked for Mr. John R. Ben-
jamin. I cut and got out timber for five depots on the Connecticut
Western railroad, during the winter. In the spring I came to
Monterey and was engaged by Mr. M. S. Bidwell, and I stayed
with him until having time, when I went to Mr. Lemuel J. Town-
send's, and I worked for him until he had got through haying. Af-
ter that I went to Mr. W. H. Minor's, and when I had götthrough
with him I went to Canaan, Ct., and got married. Then I went to
North Colebrook and worked for Clement Thompson, laying wall
until winter, when I took a job of chopping wood of Mr. Augus-
time Hamilton and worked all winter. I then, in the spring, hired
a place of Mrs. Laura E. Roberts, and moved in on the first of
April, and worked around by the day until the ground got settled.
When the ground was quite settled I hired out to the agent of the
Canaan Iron Companies to work on a coal job near where I lived.
I was to have fifty dollars amonth to oversee the eight men and the
leveling and making the pit bottoms, setting the pits, and getting
them ready to burn, and to keep the time of the other men. They
were all Frenchmen, and only two could talk English at all, so I
had a hard task, for I did not not understand a word of French
when I went there, but I soon learned of the two that could talk
English, so that in one month's time I could make them understand
them, so far as the work was concerned, and I got along nicely. I
never had a word of difficulty with any of the men, and I kept the
time, and I believe I gave good satisfaction to both parties, for
the company made me a present of a barrel of flour when Isettled
up in the fall; and they also offered me work for the next summer
if I wanted it; but I was destined to have a bad job, as it hap-
pened, the next spring. After I had got through on the coal job, I
took a job of chopping; but the man backed out on account of not
being able to pay me as he agreed, so I was left without work in
the beginning of winter. At last there came a very deep snow,
so I went around and got some ox sleds and horse sleds to make,
and one buggy box. I also made a quantity of bows and ax
helves, and in fact I did most anything to get an honest living.
In March I cut a good many cords of stove wood for the Thomp-
sons and Priest Russell of North Colbrook, and I sawed up Mr.
J. S. Whalen's wood pile, so that with my good wages the sum-
mer before, and what I had earned during the winter, I had some
money, and I looked for a chance to get a money making job for
the summer. I spent about a week looking around, though I
believe I never spent a day in my life before looking for work, as
I always was sure tº have a job ready to commence on as soon as
I had one finished. I was always at work, and I never in my
life have spent more than one day in the year at any of the
county and town fairs, or any place of amusement whatever; and
-



18
for the last mine years I have been to only one eattle show and
one horse race. My habits for the last fifteen years have been
steady and industrious, up to the time that I was arrested the
30th of November, 1877. After I had looked around for about a
week I took a job in New Marlboro, to draw coal at 75 cents per
hundred bushels, and he was to furnish the team and feed it; I
was to build the roads on the coal bush and to the bush about
one mile, and he was to furnish me a house and a garden spot,
and my fire wood. I moved the 8th of April, and I went to work
with a will to conquer and to prosper, if working early and late
would do it. I hired a man to help me to build the road, and I
boarded him and his wife. We worked about five weeks and
finished the road. I then drew rails and built a strong fence
around a good spot for a garden, and planted it. I planted one-
half acre to potatoes and I was to have half of the crop. I then
went to drawing coal, and I drew 1,400 bushels in three days, I
only had to draw it a mile. What I mean to have the reader un-
derstand is, I was to have 75 cents per hundred bushels for
drawing the coal, but I was to build the road in the bargain, and
consider that 75 cents would pay me for building the road and
drawing the coal; that is, I was to make my road myself. Well
after I had got my roads all done, and garden and potatoes nice-
ly planted, Mr. H came and took the wagons off, and took
them home to draw with. I went over to see him about it, and,
said he, “I want to use them two or three days, and I will send
them back again,” although it was in the bargain that I should
have the wagons. After I began to draw coal, all of the time
during the summer, without any interruption or disappointments
from him, of any kind; but I said nothing, and waited five days
Then I went over again to see him and I could not get them. I
told him I didn't want to be idle, and that he was not doing ac-
cording to agreement by me, and he replied that I had earned
three and one-half dollars per day since I began to draw, and I
could afford to lie still a few days. Finally, I took a stone sluice
to build for the town, and then after I finished it I went to see
him again, and he told me he had made up his mind not to have
me draw any more, for I had made a good road and he thought
he could draw the coal with his horse teams, and that I might go
home and turn the oxen out to pasture. The house where I
lived was six miles from any village, and three miles around the
road to the nearest neighbors. I was in the wilderness almost
and not a day's work to be had for miles around. I had my gar-
den and potato field, but I had not got a penny for the work that
I had done for H-. Finally on Saturday I went to Norfolk,
Conn., to buy a few articles at the store, as that was the neares
place where there was any store kept. I had finished my trad-
ing and was on my way home again, whenºmet a man on the way
º

19
who inquired of me where I lived and what I worked at. I told
him that I had no work just then, and stated how I had been
disappointed; and after I finished my story he asked me if I
could come and mow for him a few days, and I told him I would
help him the next week for $2 per day and board; and he told
me to come on Monday. This was on Saturday, and I went back
to the store, bought me a scythe and snath, and left them at his
house; and on Monday I was there bright and early to go to
work. This man's name was Mr. E. T. Butler, of Norfolk, Ct.,
and I worked for him six days that week, and on Saturday night
he paid me twelve dollars. - -
That same night Mr. Butler told me that if I would help him
through haying he would pay me two dollars and a quarter a day
and board me, and I told him. I would; so I worked for him
about four weeks, and during this time, he engaged me to come
and work for him a month in September. I agreed to go any
time he called after the middle of August. I went away then
and worked at haying for Dr. Stevens, and when he got through
I helped Mr. Lawrence a few days, and then laid a wall for Mr.
Austin Spaulding, until Mr. Butler called for me to come and
work the month that he had hired me for. I worked my month
out for him, and when I had got through he hired me for one
year, and I was to live in his tenant house across the road from
him. I went home to dig my potatoes which I had planted upon
share on H. 's land, [the man I took the goal job of, and I
was to have half of the potatoes; but when I got home he had
been there and dug about three-fourths of the crop, and carried
them away, and turned his cattle into the lot, and they had
trampled and damaged what was left for me a good deal; but I
said not one word, for it is not my disposition to have any trouble
with anyone, although I was advised by the neighbors to sue
him, and most all of them and two or three richmentold me if I
would sue him they would help me to get justice, and see that I
had my rights, but I thought best not to have any trouble and I
let it all go. - -
I dug what was left of the potatoes and harvested my garden,
and I had as good a crop of garden sauce as any poor man, but
it hurt me to think of my potatoes. I moved to Mr. Butler's in
Norfolk, and went to work for him for a year, and my wife had
plenty of work there, as Mr. Butler kept between 40 and 50
city boarders in the summer. My wife had a dollar a day
for washing and ironing and her board. Mr. Butler was a farm-
er also, and kept and milked 16 cows in the summer when the
price of milk was low, and 25 in the winter when it was high;
and it was my business to do the farm and garden work, milk the
cows and take the milk to the railroad station. You may be sure
it was not my business to sleep any in the daylight any time in
| -
--
20
hand in it, and neither did I.
the year. I remember in the month of March I did my chores,
milked 23 cows twice a day, and took care of a pair of oxen and
a pair of horses. - -
I forgot to mention, I went to work for Mr. O. K. Dennis. He
lived in the East part of the town of Hinsdale. He was a good
whitewasher, and also a good paper hanger, and he took me in as a
partner, and we commenced our first work in the month of March,
in the town of Hinsdale, for Mr. Plunkett. We first took the job
of whitewashing all of his mills, and we whitewashed all of the
mills in the town of Hinsdale, and about all of the mill tenements.
and three-fifths of all the dwellings in the village, and hung over
four hundred rolls of paper in Hinsdale and Dalton. We made
good wages and drank good liquors, the best we could get. We
finished up in Hinsdale and Dalton and went to Lee, where Dennis,
my partner, was held high in his art as a professional paper hanger,
whitewasher, etc. We first commenced work in Lee, for Printiss
C. Baird, on his paper mills in East Lee. We boarded at the hotel
kept by Mr. Norman Strickland, and we earned wages that furnished
us admittance into good society, as we called it, but such as I have
since made up my mind was both unprofitable, and not wholly
proper or strictly up to the point of morality. Still, we wronged no
one but ourselves, though we abused the talents God had given us
for better purposes and better use.
I was chopping for Mr. John Shores one week when the man
whom I hired gave a Mr. Norton a whipping and was arrested,
and I was also arrested with him, charged as an accomplice; but
was cleared on Norton's testimony. Then we were tried for de-
filing Norton's well, and I got six months in the house of correc-
tion, and the other man eighteen months. The other man did
the deed, and afterwards made a boast of it and said I had no
When my time was out in the prison, I went to work for Wm.
Cooper, getting out railroad ties, and then I cut some wood for
Eugene Clark, also sawed some wood for Wm. Higginson of Len-
ox. Then I went to Sheffield, and the first day's work I ever
did in Sheffield was for James Roraback, in March, 1877. I went
there a perfect stranger, and after I had cut him six cords of
wood I drove team a few days for him, and then cut up his wood
pile. I worked for him and for the Little's, and the last work I
did was for Dwight Boardman. I probably did more work than
any two colored men in the town, and I have been told so by
men whom I have worked for. I do not feel concious of doing a
wrong thing to any person in Sheffield, although I am here in
prison charged with a murder.
If this should happen to be ever read by the guilty person or
persons, I hope and pray to God that they cannot eat nor sleep
until they confess their guilt, and show that I am innocent. God
grant it may be so, is my prayer.














2
l
THE TEN E YOR TRIAL.
guilty of Murder in the First
Degree.
and sentenced to be Hung, Friday, Aug-
ust 16th.
The trial of Ten Eyck was begun at 2.15
clock, Wednesday afternoon. The prisoner
ame in escorted by deputy Root and jailer
ott, and took his seat in the dock. During
he trial he was not allowed to come inside the
ºr, neither did he care to. Judge Colt, after
he court opened, defined the qualifications of
rors, and the drawing commenced, the pris-
her challenging 22, and the government 1, as
lows: John W. Sweet of Tyringham, Ama-
| Rice of Pittsfield, J. Q. A. Race of Great
arrington, Thomas Barber of Pittsfield, M.
mrley of Cheshire, J. M. Joyner of Great Bar-
ington, James McClary of Pittsfield, Frank
ourse of Lanesboro, Stephen L. Northrup of
anesboro, Henry Goodrich of Hancock, J. B.
lilson of Clarksburg, Jared Walling of Great
Harrington, Howard D. Lamson of Mºsh.
gton, Chauncey S. Cannon of Otis, Clark J.
Havitt of Hancock, William H. Barnes of
West Stockbridge, Edwin R. Baldwin of New
Marlboro, Henry B. Brewster of Pittsfield.
Lorenzo Merriam of Pittsfield, William Bab-
ock of Dalton, George Stickles of Alford, J.
A. Belcher of Shefficki, Charles E. Callender
ºf Stockbridge and George W. Karner of
Egremont, having formed ouinion, were dis-
ºualified. John B. Waterman of Williams-
own was also excused, being opposed to cap-
|al punishment.
The Jury as accepted, were as follows: D.
C. Smith of Dalton, foreman, Dwight Rock-
well of Peru.W. P. Beach of New Ashford.
William W. Prentiss of Becket, F. C. Brown
of Cheshire, William H. Brown of Williams-
ºwn, J. W. P. Buck of Clarksburg, Oren
Benedict of Pittsfield, Joshua Pine of Lanes-
oro, Marshall Childs of Lee, Thomas K.
lunkett of Hinsdale, Marcus M. Thatcher of
Flosida.
The witnesses were excluded from the
ºom, and then the case was opened by Mr.
Leonard who spoke 40 minutes. The trial was
ºthelmurder of Mr. Stillman. Architect Q.
Rathbun was the first witness, who made
he plans and drawings.
Medical Examiner Camp said he made an
ºumination of the bodies at 9 o'clock the
lºning after the murder, finding that of Mr.
Sillman on the lounge in the sitting-room.
Where, judging from its rigidity, it had lain
lºad 15 hours. Dr. Camp then described how
lºbody of Mrs. Stillmºn was found in the
ºlºr, and showed a diagram of Mr. Stillman's
ºul with the wounds upon it, two of which
lamp was still burning in the house when he
arrived. The trunks were found tº have º
rumaged, but nothing taken. Dwight Board-
man corroborated the story of Ten Eyºk that
he had got a dollar of him, claiming hº had no
money, and Nat Johnson, the colºred man at
whose house Ten Eyck staid the night of the
murder, testified that the latter had nº money
the morning of the 29th, but had considerable
º might. He also told of the prisoner's amº-
iety to have his hair dyed and his boots black-
ed the next morning. He repeated the story
that Ten Eyck told to account for the money.
in his possession, viz., that he had got hold of
it in a tussle with some tramps. His cross
examination occupied nearly all of Thursday
forenoon. - -
Mrs. William Carley, sworn: resides, in
Sheffield; saw prisoner and Johnson at her
house about 4 o'clock together; Johnson came
for corn; Ten Eyck remained on steps: asked
witness for matches, in shed; went in to get
matches, but had pipe lighted during her ab-
sence; said he liked to have matches with
him; gave him two matches; (identified match-
es shown—of peculiar make,) spoke to his
dog and pointed to clock, said it was four
º, and they must be going; Freeland's is
mile; (identified match box) gave the box
to officers; matches and box shown to jury. .
Milo J. Freeland; lives off road; saw pris-
oner on Thanksgiving p. m., 4 o’clock, at his
house; had cane; same one shown; asked for
liquor; wanted to sell stove; was going to
Boardman's to supper; wanted to sell other
things; both drank from bottle; then said he
was going to leave town; also got matches of
witness; witness went out doors, and went
towards road past Boardnan road; identified
match box and matches shown him; (differ-
ent from Carley matches); 60 rods from his
honse to Boardman road.
Cr, ex.-Prisoner took five matches from
box; didn't buy stove; thinks he could identi-
ſy matches as same he gave Ten Eyck.
John Cary, Sr.; lived near school house;
saw prisoner that night on highway a little
after 5; went south; 20 rods from him; had
dog with him; went down highway.
Cr, ex-Lives 3 mile from Stillman's; was
about doing his chores at that time.
Edward Holmes; lived next north of Still-
man's; saw defendant pass house about 5 that
p.m.; spoke to prisoner; it was snowing a
little; don’t remember dog; had lit lamp; go-
ing rapidly south.
Cr. ex-I spoke to him first; Nat Johnson
had been working for witness; lived 25 rods
from Stillman’s; can see the house from his
house; had no company that day; knew Ten
Eyck; has worked for witness.
John Carey, Jr., 15 years old; father's house
next school house; did chores at Stillman’s
last fall; had been there two weeks; staid
home nights; did milking; used to carry in
milk; Mr. Stillman (Thanksgiving night) was
ºre enough to cause instant death. The
on lounge; Mrs. S. was in sitting room; table











22
on north; staid there till Mrs. S. had strained at head of cellar stairs; cellar dºor opened out.
milk left soon after; Mr. S. still on lounge, wards; noticed blood on cellar stairs ºn
pºllºy in chair; lamp lighted; nothing on print of bloody hand on post under cellº
table but patch work; no butter or steel yards stairs about three feet from cellar bottom.
on table; left a few minutes past 5, about 10 print diagonally on post, which was support
minutes; went to father's; met Ten Eyck at of stairway; appeared as though made with
sch, house, came down the road, prisoner asked right hand; noticed absenge of light going
who worked for S.; asked if they made butter through his sitting room; didn't excite alarm.
and if they had company; no one with him: didn't go from house to barn; had some
had known him since April: he went south thought of going up there that evening; re.
towards Stillman's; next morning at 6:30, membered seeing snowfall, so that it was nº
found pail and milked; door was open: door fully dark; sun set at that time at 4:30; could
leading from wood shed to kitchen: left milk, not see from one window; nothing to obstruct
and noticed S. on lounge; supposed he was view at that season; witness has family of
dead, he was dressed; didn't see Mrs. S, or seven; all at home; his house and Stillman's
inquire for her; saw blood before he went º view of village; prisoner was angry
Hºlmes; curtains were down; saw butter when spoken to about Stillman's not wanting
tº pitcher; Homes went for Ruraback. to be bothered drawing cider; expected atim
Cº. º. Stillman had 4 cows and a horse; on prisoner's making threats; repeated previ.
went first to barn that morning; she strainedious conversation about theat; didn't carry
milk in dining room during fail and winter; threat to them; they were excited enough
just milked cows, didn't have to fodder; knew about the man; no one but Ten Eyck in field.
where table and lounge were; told prisoner blood print on post looked as though made by
he could find out if they had butter of compa-person crouching; looked like bloody hand.
my by going and trying: they had been in the Henry W. Crippin; saw defendant Thanks.
Lºuiſ of selling bºtter; did not know whether giving night going towards drug store, in
Johnson bought, butter there: parties were highway mile from covered bridge: passen-
used to carrying butter in pail found on table:ger train was going up at 7.40, spoke to pris.
Geo. Johnson had bought it once; went into oner; that was 21-4 mile from Stillman's
dining room and saw Mr. Stillman lying there: house, by highway: there was a path aeros
did notºgtice cellar door ºpen; only door open meadow to bridge, saving 3-4 of a mile; then
was kitchen door; other dºors fastened: dºn’t is a swamp between Ten Eyck's house ºn
know what kind of patch work it was: little covered bridge; would save considerable diº
pieces of cloth; were in either box or basket:tance by going around swamp. -
ºw her sewing on it; went and told Mr. Chas. W. Stone; apothecary in Sheffield.
Holmes Hºst * Stillman was dead; saw defendant night of murder: asked for ºn
milkwº i. next dining-room; got cider brandy and hair dye; wanted .
º - - that would dye quick; asked for dye soon
Roºbººk; lives 60 ºr 70 rods south ter entering store; paid or them slº tº
of stillman's, and next hºuse beyºnd was Ten purse, took bills out; new $5 bill: with
Iº noticed the lights were not as usual identified bill by mark he put upon it nº
one ºniº being very bright: discovered morning; there were other bills in poºl
there was no light; this was about 6 ºcioek; book: ºminº about an hour after purc
ºf ºrning saw Mr. Stillman on loungeing goods; recognized cane, it lay on coun
lººd next thought of Mrs. Sº noticed shadelleft store after witness did; didn't see him
down; never knew curtain down before in ſº day. -
years noticed bail and steelyards: noticed Cº. ex-Store is north of village; Ten
boot on lººding of cellar stairs, and specta-lmight have been in village and not sº
eles between blood and stairs: went down witness; Nat Johnson bought no liquor ºl.
stºrs and found Mrs. Sº saw she was dead; store that day; nothing unusual about hiſ
next thought of notifying their son; lamp was there are hair dyes slow in their effect:
burning; blood on pitcher; wider in pitcher; pint eider brandy; keep cash account of sºlº
found ºxe in front of lounge: blood ind hair keep cash book; don't remember where ºth
on it was recognized as Still than's axe: had $5 bill went; marked it following morulº
conversation with prisoner in July about the reserved new bill; looked at cane, was ºl
Stillmans told him that Mrs. S. had said he to came; don't know when he left store;
had been there after citler twice in one day, remember anyone else paying new bills.
and mustn't annoy theºn; he was angry and Wºm. Lyons: Ten Eyck arrested at
threatened that “he would ſix them;" Ten house: saw prisoner first at 9.30 Friday tº
ºuk had worked for them in April, papering got some tobacco; noticed blood on prisºn"
sitting room. wrist; was arrested soon after; asked with
Cº. ex-Mrs. S. large woman, rather excit-hot to tell the men outside he was there: tº
able did her own work; above medium them Ten Eyck was in house; stood behin
height; health was poor at times; old gentle-poststraight as broom handle.
man able to do his own chores; emergetic Cº. ex: Don't know what he came º
man weighed 150 pounds: crippled in one of for: wife had no liquor: always helped hiſ
his hands; ceilings were 7 feet high; landing self; prisoner didn't get liquor there: ".
º





































23
no excuse for being there; stepped in to et
obacco; blood plain to be seen; Graham did
not come to his house. -
F. B. Wilcox; officer arrested prisoner; cor-
John C. Smith; arrested Ten Eyck; asked
what he was arrested for, was told murder:
said he had money in his house: did not find
any; searched in bed room; found clothing:
didn't tell of eonsiderable sum of money:
roborated story of prisoner's standing against
post; took him to lookup; asked officer what
he was arrested for; asked if John Johnson
got out writ; took pocket book, liquor, keys
and camphor gum from prisoner; did not
count money; Mr. Gray did: there was $10,-
90; Smith asked him where he got money;
said he had been saving it up little by little;
after he left house, said he had $15 in house,
in chest; wanted officer to keep it; couldn't
find but one cent in chest Saturday.
Or, ex.-Ten Eyck's house unlocked; door
pen; chest unlocked; was taken to lockup;
witness not an officer; was up to Stillman's
half an hour; didn't search Ten Eyck's house;
officers searched house; took prisoner to Still-
man's by request of officer Smith; two hun-
dred men present; they were excited, demon-
strative, and threatened to hang him, but no
me touched him; -
C. C. Calender; officer in Sheffield, and ar-
rested Ten Eyck; $10.90 found; had saved it
up for good while; prisoner made no resis-
ºnce; staid with prisoner while being
searched.
field:
Franklin C. Grey; station agent at Shef
rain going north 7.44 p.m.; station in center
village; searched defendant; counted mon-
vºlſ).00-$7,81 bills, $1.90 in change; one
sº bill; train was on time to best of knowl-
edge. - -
AN UNExPECTED wºrxiss.
There was a genuine surprise about five
ºf whºm his brºthº. W. if, Ten Eyck, was
called, and the prisoner trembled. He testiff-
ed that he had not seen the prisoner in twenty
years, nor written to him in seven. Had been
a sailor and in the army. He denied writing
the following letter: -
PITTsºi, APRIL 1878.
Mr. Joyner sir i called to see my brother
and was not permited to do. i caled in Jany
and could not see him. is hould call on you to
lay but i have got to return to Springfield i
ºr that he had near $100 when arested and
|ain isent it to him i did no such thing on
the 25 novemberisent him $12 two 55 bill and
ºne $2. bill. The 5s united states bills a bran
nº bill, the 2i could not describe irequest-
ºn him to fech mee?0 or 25 poundsball butter
ºnd to use the rest of the money to pay his
went to Stillman's; Dr. Camp asked pris-
oner if he knew Stillman, said no; denied being
there might before; had only been in vicinity
few weeks; demonstration as they came out:
afterwards went to Barrington; said he had
saved up money; prisoner owed witness:
found hair dye from Johnson; Stone gave cane
and some other articles to witness.
Smith; found matches at Stillman’s while
blowing ashes in attic; on bottom stair of at-
tie; others to correspond got of Mrs. Carley:
three in all, one like Carley's; others like one
at Freeland's; took it upon my own responsi-
bility to take defendant to Stillman's; demon-
stration made against prisoner pºssing out.
but very quiet in house; doors of Ten Eyck's
house locked; house close to highway; search-
ed pantry and sleeping room looking for mon-
ey, but found mome, and found no evidence in
house; all the officers assisted; took no cloth-
lilº. - -
#. B. Wellington. Went to Stillman house
after homicide; in attic way between ceilings
picked out charred paper, and found date Nov.
10 on paper, in advertisement.
Geo. S. Meecham. Detective in New Ha-
ven, and was acquainted in county; brought
W. H. Ten Eyck from New Haven, and knew
defendant; they were called brothers.
Cr, ex-Knew prisoner when a small boy:
lived then in Lenox; knew his brother and
knew other colored boys; knew Wim, and
John Ten Eyck and had seen them a good
many times; saw them first at cattle show in
Pittsfield; saw prisoner last about 8 years ago;
Wºm, lived in New Haven for several years:
Volunteered to bring W. H., here.
Ralph Little. Farmer in Sheffield, and knew
prisoner; Nov. 15 let him have $1.75, as he
said he had no money; was at Stillman's at 9 o'-
clock Friday morning and doors were locked:
found silver ware in pantry; was indebted
to Ten Eyck about $1,00. - -
John H. Stone. Clerk in drugstore at Shef-
field; saw prisoner at 20 minutes past 7; pris-
oner when he went out was particular to say
that he came in at that time; recognized canc:
dºn't recollect prisoner purchasing gum cam-
phor at store, and didn't see him pay for arti-
cles purchased; saw nothing peculiar about
cane; let him have 1-2 pint c
way its alli could say to him enyway invish
you wºuld see him and find out what 1 could
ºlº him i have left new haven but cousin
hurles cantell you where I am i am his broth-
ºr and i nailed the letter to Sheffield.
- - W. H. Tºxºck.
º O'Connell testified to bringing the letter
ºn the prisoner; jailer Scott that the paper
º, like that ſurnished to the prisoners; cash-
er Francis and T. L. Allen that the handwrit-
nº though disguised, was evidently the pris-
Oncr's.
ider brandy.
Frank H. Burtch. Clerk in Sheffield post
office; was there from 10 to 2; didn't see de-
ſendant at post office, nor give him a letter
that day; would not remember oyery letter
given out day after day.
Charles Stillman. Am son of murdered
people: lived in the village at time of murder:
been in California; last saw father alive Tues-
lºy previous at mill; came with grist; I paid
him some money–$11.83; said he hadn't
brought his pocket book: put money in envel.
ope, sealed and marked it; witness recognizer,

























24
envelope; paid two $5 bills, one $1,50 cts., 25|pusels gave average diameter of 3209 to an
ºts., 1 et., 2 cts and 5 cents; $5 new U. S. bill;
inch; received also piece of pillow, piece of
others had been used more: recognized bill as wood, and woolen cloth, taken from Still-
the same; parents always kept camphor inman's house; average diameter 1-3212 of an
house.
inch; found on came two distinct spots; sub-
Cr. ex-Father was at mill 27th; book-jected it to same test and got average of 3210;
keeper in Curtis' mill;
young man named blood found was not blood of ox, sheep or any
McCormick in mill at time; received money of animal usually slaughtered; from all appear.
butcher for his father;
could not describe ances it was human blood; the coat found in
mºney got of butcher; paid different money prisoner's house after his arrest had no blood
to his father; remembered new bill: knew it stains upon it; average measurement ºf cor-
to be U.S. bill but did not read on other bill; puscles of human blood 1-3200 of an inch.
was new as far as I can judgé.
Cr, ex-No difficulty in distinguishing
Dr. H. H. Smith. Was family physician of blood of all animals suckling young, from the
Mr. Stillman; saw body on sofa; appearance reptile class; same elements entered into all
matural; from examination Mr. Stillman
blood; blood of all animals vary, elephant
had been dead 15 hours; determined by rigid-2700th of an inch, goat 6300th of an inch; cor-
ity of muscles; age and temperature enters in-
to opinion; temperature 58 or 60; wound was
inflicted by axe; was there with Dr. Camp.
Cr. ex-Can't fix certainly by condition of
body length of time they have been dead-age
has something to do with it; in general terms
cannot determine to a certainty; varies.
Dr. Camp. In Mr. Stillman's pocket found
ºamphor gum; showed piece of wood taken
from box in which there were flowers, stand-
ing on window nearlounge, with blood stains;
also cloth, part of pillow case.
Mrs. Lina Wickwire. Helped lay out Mrs.
S.: smelled camphor, there were traces on her
clothing. -
Philo Blake. Buried clothing; smelled
eamphor on Mrs. Stillman's clothing; clothes
were buried ten hours.
Dr. J. B. Treadwell. Physician in Boston,
been surgeon in Boston: given attention to ex-
amining blood in Me., N. H. and Vt., in cap-
ital cases, and has made it a specialty for six
years. Blood in a general way was first ex-
plained; when blood is drawn it clots; the fi-
puscles of a pig, for instance, do not differ: it
has been settled almost to a certainty that the
blood of animals can be distinguished from the
blood of man; in the main there was no differ-
ence between learned men on this subject:
there were many theories, but not much differ.
ence mainly.
Prosecution closed at 12.20.
OPENING FOR THE DEFENSE.
Mr. Shores opened for defense in a brief ad-
dress ...º. prisoner's version of the aſ-
fair, and at once the examination of witnesses.
began. -
Dr. Wilcox of Lee first witness. Physician
for 12 years, and resided 6 years in Lee: could
tell approximately how long body had been
dead by rigidity of muscles, mode of death.
temperature, size of the body, amount of
blood; in old age by large loss of blood rigor
would commence in 7 hours; was not an ex-
pert in examination of blood stains on cloth-
ing; from his studies and reading was of opin-
ion that the question was a mooted one wheth-
brate elots; separates from water; this is trueer human blood corpuscles could be distin-
ºf all blood; these cºrpuscles form feature of guished from the blood of animals.
blood; vary in different animals; oval in low-
er order of animals; exhibited photographs:
glass with blood is put on glass and photo-
graphed; blood of frog, fish, bird and snake
given; animals living in water are oval in
shape and different from animals which suck-
le their young; these are round when in the
veins; no difficulty in distinguishing the blood
Mrs. Stella Boardman, wife of Dwight
Boardman, for whom Ten Eyck worked. Was
there morning of Thanksgiving; did not see
that defendant had nose bleed; Friday before
heard conversation about nose bleeding; said
he could have Thanksgiving supper if he was
at witness' house when ready.
Robert Graham. Knew defendant and
of different orders of animals; (counsel for de-Johnson; remember day of arrest, was in
fense objected to diagrams, etc.); court ruled
Stone's yard butchering; Johnson was there:
it proper to illustrate how he arrived at his officers inquired for prisoner: Johnson told
conclusions. Examined clothing found on
witness to go over to Lyon's and tell prisoner
prisoner; got them in Boston; identified those to “skin out;" saw prisoner and delivered
shown: examined cane; subjected piece of message; don’t know what he went to Lyon's
clothing to process showing what animals' for or got.
blood was: guiacum test, pressing out a por-
tion of the blood gº blotting paper, which
gives a deep blue color; then took from spots
portions of stain on glass, dissolved it in ascet-
ic acid and with microscope found trages of
blood; in these tests found blood globules
present beyond dispute; bottom of pants had
no blood lowest stain about as high as boots:
blood stains were in minute spots; 260 çor-
Nathaniel Johnson. Defendant had on cin-
amon colored coat Thanksgiving day from
time he met him till they separated at Free-
land's; on his return had on black coat.
Lieut. Allen Mansir, police officer in Shef-
field. Went with officer Smith and defendant
to defendant’s house, to find any evidence
connected with the crime; on the way up tº
Stillman's house discovered no traces of blood

2
5
on clothing, or anything to implicate him in
the crime. -
John Ten Eyck. Was threshing at Board-
man's Thanksgiving morning; went from N.
Johnson's: it was rainy and I did not contin:
me; took breakfast there; went to Nathaniel
Johnson's; stood a few minutes; talked o
having something to drink with Johnson
went to ºil
drew plan after one I had borrowed;
son was going to village to buy liquor;
him have $1 to get liquor with, also to get
some slate pencils, making $1.47 in all; he
took $1; shop is in basement of building
couldn't make wrench; remained there long
enough to go down and back; went down af-
ter him; went to Mr. Little's store, and post
office; that's where I got letter that has been
disputed; had $12 in money; went to Vos-
burgh's store; bought shirt, cotton shirt;
striped; paid 50 cents for shirt; bought it of
Vosburgh; plug of tobacco, 15 cents; spoke to
Mr. Vosburgh about some cloth; left that
store and looked in at Field's for Johnson:
went to Graham's and put shirt on over the
other one; witness recognized shirt; waited
for Johnson, and went back, meeting Johnson
between the cider mill and the bridge; he had
a pint of liquor, but I had none; went to
Stone's to look at the hay, and then went to
spring and drank; went from there to John-
son's, where we talked and drank for some
time; went to Carley's for corn, beans at pris-
oner's, and he was to go to village for liquor;
reached Carley's together, Johnson had been
smoking my pipe, called for match, but Mrs.
Carley only gave me one; went to Miles Free-
land's and talked with him about stove; ate
supper at Freeland's.
From this his testimony was corroborative
of Mr. Holmes' the Carey boy and others.
Said he went home, changed his coat, and ar-
rived at the drug store at 6.40, made the pur-
ghases, and next appeared at Johnson's, where
he staid all night.
At Lyon's, Graham told him if he had
lone anything there was a chance to get away;
bought cider brandy for 60 cents; spoke to
wife about getting liquor away; saw officers
ºutside; I said to Billy to tell them I'd be out:
Mrs. Lyon pulled me back; pulled me back
and said; need not be scared; when door
opened I was standing behind it; door was
hanging on post; Wilcox told me I was pris-
oner; didn't tell me what warrant was for:
ook me into my house; Mr. Callendar un-
ºstened house, searched rooms, took my mon-
*y-pocket book, etc.; bought camphor gum
At drug store; let me have cider brandy in
lockup; asked what I was arrested for; dºn't
remember at what point I was when told I
was arrested for murder; taken from there tº
Stillman's house; day before Thanksgiving
ſell from scaffold at Boardman's, and hurt my
side, causing nose bleed, from which was
ſuite weak; commenced bleeding again after
dinner. Letter shown purporting to coine
-
-
shop to get wrench made:
John.
jet
-
om W. H. Ten Eyck. April 1 that letter
came into my possession—it was Monday-
sealed, stamped and addressed; Mrs. Jane
Clark gave it to him in his cell; two otherla-
dies with her; she wanted me to hand that to
my counsel; it isn't directed as I direct mine:
she asked if I remembered her and I said I
did; she said I must send it out by sºme ºne
fr
else; it wasn't directed right; gave it tº Dº
vid O'Connell to mail; wrote to counsel that I
wished to see him; he didn't come; he took it
and agreed to put it in post office; told my
counsel of it, and also of woman and conver-
sation; said her husband sent it to me; it had
his name on it; knew nothing of the letter:
saw Mrs. Clark Tuesday, on way from court
house to prison.
Was not cross examined.
Eugene Vosburgh, recalled. Was very pos-
itive he did not purchase shirt there Thanks-
giving day.
Dr. F. K. Paddock. Been physician for
14 years; little certainty as to length of time
body has been dead, by examining it; cannot
fix it to a certainty; it may have been 2 or 3.
hours or 8 or 10 hours; rigidity of muscles va-
ries from 4 to 20 hours; have had some expe-
rience in examining blood, made it something
of a study, and become quite familiar with it:
his experience was that it was difficult to tell
human blood from blood of animals, and nn-
certain.
MR. JOYNER'S ADDRESS.
Mr. Joyner addressed the jury as follows:
GENTLEMEN OF THE JURY:
By the courtesy of the court, I am permit-
ted to talk to you on behalf of the defendant.
He might speak for himself, had the law not
allowed some one to speak for him; and briefly
I shall perform that duty for him. My learned
associates have desired to have me do this, al-
though I feel disqualified at this time because
of the disability llabor under. I understand.
the facts and evidence in reference to this case,
from a careful study of it, better than anyone
else who has appeared for the defendant. Now,
entlemen, this was a double tragedy. Ithink
realize this more than either of you possibly
can, because, although notintimately acquaint-
ed with the old people who were so brutally
murdered in their own house, that Thanksgiv-
ing night, I may be permitted to say, although
somewhat irregular, I remember sitting at
their table a year ago; and you may ride over
the county of Berkshire, from Clarksburg on
the north to Sheffield on the south, and from
the county line on the east to State Line on
the west, and you will probably find no more
worthy, respectable, conscientious, God fear-
ing people than was this worthy couple. It
was no wonder that when, on the morning of
Nov. 30 this deed was discovered, that all the
town of Sheffield, all south Berkshire was
ablaze with excitement, as they thought of it
and that strong men were maddened, and ev-
eryone cried out, who did this? let us find
26
as the guilty man, and after that the question
was nº ºng did this, or what is the evi-
dence?” but it has been ever since, this man
did it. No other traces were followed; no
other man was looked after: the highways
were thronged with tramps, men who perpe-
trate crimes, as witness, the Otis murder and
the crime at the last Superior court as terrible.
No one sought to inquire, as far as we can
learn, whether it was possible there had been
a trººps, stranger, or anybody else than John
Ten Eyck, who did this crimé,
All expedients were tried to devise ways to
inyent circumstanges which should convict
this man, and no other. Men forgot that the
law, in broad charity, presumed every man
innocent till he is proved guilty; forgot the
scriptures, where it says, to do unto others, as
ye would that others should do unto you, and
the press, and the people, shouted, “Hang the
man, without judge, ºr jury, or law, on the
mere suspicion of his guilt, by exaggerated
stºries. I think any one who has listened to
this investigation, has noticed how the evi-
dence has dwindled and shrunk away at this
investigation. Almost, an exile, abandoned
by his wife, and she fleeing from the State that
she might not appear i -
man who calls himself his brother: while we
renºmber those dead people and regret their
ſatº this poor man there is º to some
commiseration. I am sure that because of this
prejudice against him you will not judge has-
Lily, but that you will pºss upon his case as
the evidence requires yºu to pass upon it.
Prejudice magnifies a little scrap of evidence,
as this would ſcº man from Boston
would have you believe, magnifies the little
globules in the blood drops, with his power-
ful microscope, and it will be strange if you
ºn look at this other than you have had here.
This is a high crime, and you will require
more evidence than you would in a case of
Why? The case is um-
usual and unnatural: think of it! what a tep-
rible act it was for a man to do. Men hesitate
tº do such a thing who will fight or steal. You
ºn believe on slight evidence that a man has
engaged in a fight or robbed a hen roost, but
you will require a greater degree of evidence
to believe that the same man would do such in advance that he propose
assault and battery.
an unnatural deed as that.
I said that a single cir
in his behalf; by this
cumstance drew the
attention of the community to this defendant,
and upon that circumstance, and because of it,
he was arrested, indicted, and comes before
you for trial. The people ran in there that
morning; this boy, Carey, the dull boy, whose
“sir,” “sir,” was amazingly stupid during his
examination, went into that house and found
evidences of this crime, and at once the peo-
them, the guilty perpetrators of this terrible
crime, and punish them, be they one or many.
That question-who did this?—was the ques-
tion which should continue to have been asked
by the people of south Berkshire. But a little
circumstance pointed to our poor client here
ple asked, “who did you see here last night:
whom did you last meet about the premises?"
He remembers the night before he met John
Ten Eyck, who talked about the Stillmans, and
whether he had butter to sell, and that attract.
ed the attention of the officers to this defend-
ant. Now, then, let us think of that circum-
stance for a moment. It has been said, and
probably it will be said again, that circum-
stantial evidence is the strongest kind of evi-
dence against a man, and it is true when the
circumstances are all admitted and point to
the defendant as the guilty person. As for in-
stance, two men have had a quarrel in the street
and one threatens to kill the other, in the pres-
ence of the crowd, and the same evening two
pistol shots are heard, the man who threaten-
edis found with the pistol, two cylinders of
which are empty, the ball exactly fits the cy.
inder, all of which shows, stronger evidence
than when a man should stand up and sºy he
saw the pistol fired by the accused; the wit:
mess might be a perjured man. In this east
how much is admitted? What Roraback heard
is so insignificant that he never repeated it tº
the threatened people, and this man works on
his farm, day by day, and he never thinks 0.
having him put under bonds to keep the peº.
2d. The fact of the conversation to this
boy. The learned attorney for the state, with
an ingenuity worthy a Franklin or a Fulton,
in opening would have you believe there wº
signs of a negotiation; therºs butter in the
pºil on the table. I submit if that dº ſº.
had intended to go into that house at thattinº
of day, would he shrewd man that he wº
able to baffle the newspaper corresponsº
have inquired if they had butter tº sellº It
would not have mentioned the Stillmºus as º
stºked down the highway that night tº ºn
into execution a threat, the intention of whº
he had carried since July. Do you think n
would make a witness against himself, lº
meeting that boyº Suppose he hº ºved i
he had an axe, whe
re it stood, and cºuld hº
find it when he got in there? Suppºse he hº
sworn to it, you would have said at ºnce that
he was instºne, for by these remarks he point-
ºi iºctly to himself as the author ºf tº
º, if Ten Eyck had had the least ideº o
killing these people, he would not hºyº sº
ºil boy ºil. It was an easy thingº
him to do to knock at t
hat door, and finding
that old man lying there, and his wife sº
ºf the table, tº think that at last his hour hº
come for vengeance, without telling somebºd
a to stop therº
emember there were sºvº colorellº
ho were in the habit of buying bº
there, and took it away in that pail. Tº º
meyer bought any there; so I say, the ſº º
the pail stood there, with butter in it weight
out, is not a significant circumstance agº.
this defendant, and that is all the evideº
negotiation. Another theory is that it ".
evidently done by some who knew the hous-
No part had been ransacked except theºlº
willºr
B. w


27
and the chamber, but there was evidence it his hair, quick. They would have you think
must have been done by a neighbor. If a that he walked in with his gray locks and
tramp had come in was there any difficulty mººdy hands, was a fugitive among his neigh-
entering the house? Did it need a º: and did not want to be known. Some
quainted with the house to follow that road to men shave off their beard, but this man, is
the attic? right there, and asks first for something he
Up in the gable you overlook the valley of loved better, cider brandy. Then tobacco,
the Housatonic; far away below rests the vil-then the cigars, and when he supplied the in-
age of Sheffield. If the ºld lady had arranged her man, he thought next of the outer. He
to put a light as a danger signal where would has used dye before, but Mrs. Allen's dyes
she have put a light so quick as at that attic very slowly, and he wants something better. I
window. This man, knowing the village was take it there is nothing in that.
in sight, would he climb to that attic ºbºi He makes remark; you know how the re-
a bonfire over his own destruction, so that mark to young Carey led to his arrest: it is
when it broke forth all the village º into heavier weight. Now the
thrºng in to convict him of the crime. It druggist taxes his memory; he remembers the
would have been more likely for a stranger º, bill, he remembers how much money the
have done such a thing, a foolish, blundering prisoner had. Would a man who had taken
tramp. Another feature of the case: He comes;11.83, out of the pocket of a man he had just
along down the road, does he sºretely hide or murdered, walk into a store and liſted it out
openly walk along. He could easily have of his pocket book? It would be the very
walked across lots, in the darkness. No mºnthing he would conceal, as he would the blood
would have seen him. He goes up the laneon his hair, if the government theory is true.
from Freeland's and sºlutes John Cºrey, Sr.. This young man remembers he takes a came
and young John at the school house. Had with a bloody head, and lays it on the floor:
John Ten Eyck intended to commit that crime the other young man this morning says it was
e would have been out of sight of people, on the counter. It shows they cannot tell
and coming up, peering into the house, wºuld with positive accuracy, what money, he paid
have seen that they were alone. What them. The exact language when he went
does he do? He stops and talks with Holmes. away, to the dog, was indefinitely quoted.
and having dºne his errand, walks over tº do. As to the money. I have heard of a pail be-
that ſeed. What was to hinder him walking longing to Ten Eyck, and a pocket book be-
down home and waiting for the darkness, in-longing to the murdered man. Where is this
stead of deliberately going in the twilight?evidence? The clerk says he took the money,
Good Mr. Roraback might fiaº, been walking but he can't tell whether he had a $10 bill, but
up there in the evening. It was this circum-took it all and jammed it all down together in-
stance, and the butter pail that led to his ar- to his pants pocket. But he remembers this
rest. Here is the match theory. Suppose helº from Ten Eyck. It was one of the links in
had been indicted for burning up the house, the chºin, but it breaks offshort at this end,
and two matches had been ſound, and that is and falls at at the other, as coming from
all the evidence against him, st ºpose yºu he Young Stillman to his father. The son I pass
would be convicted on such º Whatlover lightly. He distinctly remembered the
is the trººp º Mrs. Cºley, you saw her on money, but when my colleague asked him, he
the stand, and that will (ſo. She remembers could not tell the denomination of the bills
she let this man have two matches. She given his father. He “must have known it
counted out two, and they were matches just was a U. S. bill.” Does that constitute exi-
like that. At Freeland's he got fire, and that lençº You are not to guess away a man's
is all the chain there is in this circumstantial life; keep in view that he is innocent as yºu
evidence, and it is nºt one upon which you or ſtill the government have proved him
wºuld be willing to convict a man of this guilty, beyond a reasonable doubt. It is only
crime. And yet Freeland could not tell which the guess that holds the link at the other end.
were his kind and which came from this table. Other evidence has been introduced as little
These matches had been sold all through the straws: sheriff Wellington to finding the
town by the peddler, and Freeland bought his burnt piece of paper; Nºthaniel Johnson look-
at the store in the village, and they ask you toling into the fire, and seeing the word ohm-
say that because this man had bºrrowed thenstead on a sºrºup of paper. What of it:
and because matches are found there, there- if yºu believe the government witnesses
fore he is guilty. - you will hardly think our client a George
The next circumstance was the fact that Ten Washington; he lied a little for tº fun ºr in
Eyck called at the drug store. On his way thing sometimes. But the man whom you
there, as on his way to the house, he is seen prove a lar, would not set fire to a building
walking on the highway. He is not skulking or make himself a murderer. The officers sº
along in the fields, shunning everybody he he said he saved the money up. He was in
meets, or rushing like a mild man, but walks the hands of these men, changed with a crime
along in a natural way, meets Mr. Crippen and had been drinking, and they pumped him, i.
sºs, good evening. He goes down first to was none of their business where he got the
the drug store. He calls for something IQ lve * Hººes to the jail and the worthy






















28
It is an hour for sober
sheriff talks to him.
truth, and in sober truth he tells the story,
where he got this money.
Now gentlemen, I want to go back in the ar-
gument and suggest a thought which musthave
occurred to you. Thanksgiving morning two
men are going up into the little shanty of
Johnson and start off for a good time; they
Saunter down to the village for it; they come
back to Johnson’s late in the afternoon, tired
with their walk, have had no dinner, and now
they saunter across to Carley's where they
separate. Johnson says they met and had
some cider. What coat does the prisoner
have on when he parts company with John-
son? You remember what Johnson said; he
had on the plum colored coat, but that was
not the one sent to Boston, That is the one
he had on when he went in to do that deed.
Where is that one found? The officers go in-
to the defendant’s house on the day after the
tragedy and search it; they don't find a bloody
or stained coat: nothing attracts their atten-
tion, but somehow, two or three days after,
when Johnson knows the defendant is in jail,
and is helpless as a man can be, the attention
of the officers is called to this house, and this
coat is found on the bed post. He develops
the cane: it stands by the door, mind you.
Why not take it with him to the village? But
this came he sought so dulligently to remove
the blood stains from, he lets the children
play with. Why did he send word to John at
Lyon's to “dig out?” º: *
I don’t say that any other man than my client
did this deed. Isn't it doubtful whether some
of the Johnson's, who bought butter of the
Stillmans, who had Ten Eyck's wife in charge,
who sauntered around with him through the
day, who dug out, the bloody coat and cane,
is it not then possible that some one else with
equal facilities to do this crime, might have
done it. There is no evidence that this man
is any worse than the other man. He stands
before you just as fairly, of just as good re-
pute, as any other man, black or white, in
Sheffield.
Gentlemen, he says he got the money from
his brother, and his brother sprang into the
witness box and swore that he didn't send him
any. There was not an honest man in this
court room whose heart did not beat for jus-
tice and fair play; did not feel indignant at it.
What induced him to volunteer to travel 150
miles, and why did it need two deputy sher-
iffs to bring him to this place? I would soon:
er believe the prisoner, charged and convicted
than believe a man who would do such an un-
natural thing. John could easily stuck to the
story that he saved it up. Could he not save
$12—why not Why tell a lie that he knew
could be proved untrue.
Here is a letter directed to me, got out of
his hands, to be sent to me, forged, and going
through a doubtful channel. It was opened,
and its contents read, and kept from the man
to whom it was directed. Was it an honor-
able thing to do? Some one of this great mul-
titude who had sought the lite of this man, could
carry it to the jail, hand it to him, and then
get it sent out in that way? Iſ there was any-
thing wrong in it, he could easily have kept it
until I went to the jail, and handed it to me.
rather than taken the chances of having it fall
into the hands of the officers of the law. He
says he got it from a lady who gave him that
marked piece of money. He sent it ºut in
good faith, supposing it would be mailed to
the one to whom it was addressed. Did you
ever know an expert to be called, who did not
testify on the side which called him? • * *
You will judge if he tried to forge that letter,
if he got it out that way. I cannot conceive
what the purpose would be. I don't know
what its contents are. Somehow he had told
where his brother was; and somehow I be-
lieve it was more probable that it was a cun-
ningly devised forgery for him, and he induc-
ed to pass in that way, by the one who gave it
to him.
The government have brought up Ralph
Little to prove that when he owed the defend-
ant $1, he dunned him for his pay, and the
postmaster has been made to tax his memory
to say that he didn’t deliver a letter Thanks-
giving day to the defendant. Every man was
brought to remember what he could remen-
ber, and to forget what he could forget.
Now to the learned chemist. When men
undertake to make a jury convict men of mur-
der; when they make that about which men
contradict evidence of murder, then science
becomes more dangerous to society than the
assassin. He told you this is a doubtful ques-
tion whether you can tell human blood from
that of animals. Now, gentlemen, it is a mat-
ter of doubt, and he takes that little circum-
stance of blood, and whether it is the blood of
an animal or a human being he cannot tell.
Everywhere he has been disputed by men
equally learned with himself, who disputed
his testimony and swore he could not tell.
Will you convict of murder on such doubtful
science as that? It is not science, it is mere
speculation. When it becomes true men will
not be called in to contradict each other. You
will not convict him by the blood on a coat
which he did not wear when he did the deed.
Men get to using an instrument in the way
they are in the habit of using it. Men who
use the hammer, for that purpose will swing
it in a way matural to them by practice, and so
with any other instrument. Nathaniel H.
Johnson told you he was a butcher, and he
was careful to tell you that John Ten Eyck
was not. If I understand this thing, you can
infer something. A butcher is liable to strike
with the poll of an axe. If I understand Dr.
Camp, the blows were given with the head of
an axe. As Mr. Stillman lay there, the mur-
derer crept in and gave him a blow, as he
would butcher an ox; a wood chopper would
have struck into him with the blade. The
ceiling was only I feet, and a chopper could

29
not have swung an axe in that space. There
is found a pitcher with cider in it; also a
lamp, and the poor murdered lady is at the
bottom of the cellar stairs, where she has been
kicked by the assasin who killed her. Now,
then, it seems to me while she is down cellar.
the old man receives his death blow; she is
struck coming up stairs. One man must have
taken the pitcher and the other have given
the blow. It may be two men did tissuiltle
defendant in the bridge, straggled into that
house, and did that work. It would have been
quick work for one man alone, so I say it
seems more probable that there were two
men, one to bring in the axe, and the other to
send her down cellar. Every one who has
heard of this crime says it must have been
quick work. Isn't it doubtful? Isn't it a rea-
sonable thing to think there is an unreasona-
ble chain of circumstances about this defend-
ant, that binds him so that he cannot escape?
Can you say that this man did that deed in
that way in that hour of the day, in the house
of his neighbor, without provocation, announ-
cing his intention to leave in advance?
This cane has been introduced, and the de-
fendant is noticed whittling it, and destroying
the traces of something on it. That same day
atter he had left his cane and is arrested at
Lyons', he is searched, a little piece of cam-
phor, some keys, his money is found, but
ºthere is the knife with which he so carefully
obliterated the blood? It is not found on him.
Johnson tells you it was a pocket knife, but
where is it? Did you believe it? Gentlemen
the chain, is broken.
Mr. Joyner's address occupied 1 hour and
55 minutes, and, considering the slender thread
on which he had to weave his fabric, his plea
was pronounced an eloquent, ingenious, mas-
terly effort, and many of his points well taken.
The court adjourned at 7 p.m.
Saturday morning the crowd began to gath-
er by 7 o'clock, and at 8 the steps were full
and out in the yard. When the outer door
opened, the hulls were packed in an instant
and for an hour more, surged to and fro. At
9, there was a jam, and in a trice almost, the
court room was filled, and even then, there
was a solid column elown the stairs clear back
to the foot of the steps leading up to the build-
ing. At 9.15 the court opened, and almost
immediately attorney-general Train begun the
closing argument, which we give below:
GENTLEMEN or Triº Jury:
I congratulate myself that I am so near the close
of the discharge of a very important and painful
duty. I congratulate myself that I am addressing
twelve gentlemen, selected under the law, for pe.
ºuliar fitness for the discharge of certain duties.
From the manner in which you have given your
attention during the progress of this trial, Ijudge
you to be gentlemen who intend to regard their
oaths and discharge the duties with that ſidelity
which has always attended that duty in this com-
monwealth. And when your verdict is recorded
in the archives of the county, there to remain so
long as the commonwealth shall stand, I shall so
away with the assurance that the law has been
windicated, justice has been done, and that the
peace of the state has been maintained.
I can well understant the feelings which came
over the town of Sheffield, and vicinity when this
Atrocious crime on the morning of November 30th
was discoveret, that an old, venerable pious, be-
loyed man who had passed his 80 years, on whose
head the almond tree had blossomed, and the blos-
som had fallen off; lying on his º tº
heaven's blessings, with his faithful wife by his
side; I say I can well understand that pitture.
in the minds of the people of Sheffield, to know
that they had been brutally murdered, and I can
conceive theºry of horror and indignation which
went up at its discovery. I thank God that the
good sense of the people prevented an outrage,
equal to that committed, as I shall endeavor, tº
prove, by this defendant. I trust gentlemen that
your verdict will vindicate the character of courts
and juries, and the people believe, eyermºre that
we are law-abiding. Captain I) vis, April 19, 1775.
was told that he hadn't better take the Acton
minute men to Concord. “I have a right to march
in the King's highway, and I am gºing to march
there.” He planted himself on the law, and from
that day to this, our ancestors have dºne the same
thing. When we depart from it, and the peºple
administer justice to their own motions, them life,
liberty and happiness are gone. With this sense
of our responsibility, let us approach this case and
deal with it as we would with any other matter
in the highest interests of life. The indictment
is for the highest crime known to the law, and
subject to the highest penalty; but with that we
have nothing to do. It is in two cºunts; first no
question is made, the allegation is right, as to
causes, and it is agreed to be murder in the first
degree—not second or manslaughter; and that if
the defendant is guity, he is guilty of murder in
the first degree. This allegation, then, garries
with it great responsibility and consideration for
the defendant. It always has been, and wisely is,
so. It is the highest crime, and to prevent Wrong-
ful conviction (judicial murder) the law gives to
the defendant equal facility with the government.
He is tried in the highest court in the common-
wealth, the supreme judicial, in which the people
repose as the sheet anchor of their rights. He has
counsel assigned him who must serve him with
fidelity and do so without reward. He has the
whole treasury of the commonwealth open to him.
to bring before you every particle of testimony
that can make for his defense; it is not his privil-
ege but his right; I am not at liberty to withold
from his counsel the names of the witnesses who
have been examined before the grand jury, and
they can examine that list, and ascertain every
fact in the knowledge of it. We cannot withold the
subpoena, to bring witnesses to testify before you,
or an officer to refuse to serve it.
If they want an expert, in º in surgery, in
blood stains, they have a right to them at the ex-
pense of the commonwealth. If I decline to grant
their request, they appeal to the court, and the
court over-rule my decision. And the common-
wealth pays for it. It is a good time here to dis-
pose of that matter in relation to Dr. Treadwell.
He was brought here by the commonwealth; they
knew he was coming, and have known for weeks,
and months that the clothing was in his hands, to
make the same use of blood stains as we did, and
if this was a disputed question, to bring experts,
and not left it to gentlemen who hºve no especial
knowledge. Dr. Treadwell stands well in the
scientific world; he has made it a specialty for
years; he is not a wicked man, he don't go around
30
testifying for blood money; he has a reputation
anº family; and comes here and gives you the re-
sult of his investigation and offers to demonstrate
it to a certainty, tells you how he does it, brings
his instruments, and explains it to you. He never
said they were human blood stains on Ten Eyck's
clothing; if he had been a quack and a humbug,
he would have testified they were human º
The inférence I shall ask you to draw is that these
ºre the stains of those two murdered people, but
Dr. Treadwell, didn't swear to it. It was within
their power to have refuting testimony, and I do
not know why you should not believe him ºne
sºme as any other witness. Let's have no mºre
discussion about that sort of thing; I want this
man discharged if he is not guilty. -
Now, gentlemen, let's see what kind of a crime
we have got, what time it was committed, and
then we shall advance to the inquiry whether this
defendant did it. This is the only question to be
submitted to you. At five o’clock that afternoon,
when the Cary boy left Mr. Still man's, there was
ºutter on the table, no cider pitcher, and Mrs.
Stillman was sewing. The next morning when he
went in these people were dead-motionless and
gone. When were they killed? Doctors may sty
what they have a mind to; they were dead, raffi
mortis or no ºigor mortis, and evidently 14 or 15
hours. One thing is certain, they were not un-
has papered for them. Where does he go next?
To his own house, changes his coat, because he
had on a purple one that day, and he did not sleep
in that one, that night, the next morning has of
the one with blood stains on it, then goes back
commits the deed, and is away. -
Where next? 2 1-3 miles away; and here are
some facts which strike me with force. He comes
here now, and the case pinches him, and says he
was in that store 10 minutes past 6, because he
wants you to think there wasn't time for him to do
that crtime and get there in that time. But he is
met by Crippin at 7:30, at the time the train leaves
Shetlield, which is 7.40. He goes to Stone's, makes
his purchase and there stays. For what? Waiting
for the Stillman house to burn, and when it hadnº
and he hears no alarm, and he can't stay any long.
er, he makes a master speech to his dog, credit.
ble to Joe Jefferson, for a purpose. He wanted to
ſix the time when he came, in the mind of Stone,
and so be able to say I wasn’t there, and I can
prove it, and he º it to his dog, “it is time for
us to go; we have been here an hour and 35 min-
utes.” He commits the crime, he goes away, he
meets Crippin, goes to the store, stays till 9, and
goes away with the Stillman money in his pocket,
and he knows it. -
Then he goes to Johnson's at a quarter to 10,
and he tells a masterly story. What does he tell
dressed; had not gone to bed; she was about her that for? For the same reason he talked to his dog
work; it was sometime early in the evening when He was expecting that on the morrow the discow.
they were killed, as peºple of 80 are apt to retireery would be made, and he tells Johnson the story
in good season. Mrs. Stillman was a feeble, fleshy of the tramps attacking him, and getting the
woman, and not a stout lady as Mr. Joyner would money from their pockets. Byrant could never
have you believe, and when she in her terror had so fine an imagination as that, but he told
heard Ten º murdering her husband, she wentinobody else that story about the stone in the hand-
up stairs with all ther ity she could kºhieſ; didn't tell the officers ºut the tramps,
What else was there about that house that º which would have been the first thing he would
remarkable? An attempt had been made to fire have said, had it been true. He staid there all
it, and it was left to be destroyed. Whoever went might, and in the morning he is seen scraping the
there had a negotiation with her about butter; head of his cane. He was going to dye his hair;
there were evidences of it, she was not weighing what for? Was it to be decent to attend the death
out butter for her own amusement, neither getting of the pig he was to assist Johnson to butcher, or
the cider, and Ten Eygk, in his fabulous state was he paying his addresses to some lady who
ments would have you believe that Johnson was would receive them, his wife having left him. He
the murderer, because he went there after cider. wanted his hair dyed quick, and he says he is gº-
There were not two, unless it be Ten Eyck and ** to see his brother in New Haven, and he wants
confederate; but he was alone, and his presence to look as he used to. - ...
had long been a terror whenever he ap roached. He goes to Eyons to get some amunition to kill
After that Mrs. Stillman was robbed, and she had, this pig, and there the officers arrest him. He ſells
I assume, in her pocket the money which the son Higgins he didn't sº the Carey boy, that night
had given her husband on Tuesday, and she had and when taken to Stillman's denies ever havin
camphor in her ºocket, because Dr. Camp testifies seen him. Is that the conduct of an innocent intº
that he found the remains of it. There was, them, who is making the best defence possible, asſº
either the motive of pecuniary gain, or revenge, cumstances gather around him? Do you sº
and you have them both in this defendant, as I tramps would have left the silver ware untouched
sha isnow. Whoever did that had it in his bosom They would have taken ºverything ºf value. A
and he fired the house to conceal the crime. In person in the neighborhood would have taken that
addition to profit he had the motive of hostility to he could best conceal, and that is the difference
these people. He had said with an oath they between Ten Eyck and tramps. Tramps sº
were liars, and would ſix them; he was advised ºntº that house, Mrs. S. ushering them in, woul.
Mr. Roraback not to trouble or threaten them, and have brought Mr. Stillman to his feet, on theº
had he followed his advice he would not be adorn trance of strangers, and he would have been four
ing the dock to-day. - on the floor, instead of on the sofa. -
What next? You have got the crime, the party Well, let us see what he says about the monº
who had two motives to commit the crime, and we Now I think we can convict this man with sº
will show that he had the opportunity. At five and pencil. He had $1 fºom ſº andº
o'clock he meets young Carey. Did you believe from the postolice, he says, thºugh hº. wº
him? I think him a well behaved, clean cºuntry the village that day, nor he didn't goto Y psburg.
boy, and if he attends to his school and sticks to for a shirt, or to Mr. Little's, and the whole stºl t
his business, will be a likely man. He has nois as base a fabrication, ºsary he has made. Bl
motive to lie to hang Ten Eyck. He tells you helletus go on. He would have $13 by his own show
meets him, he is asked about the Stillmans, ifing, all told; and when arrested he had sº
they have butter to sell, or have company. Did Now if he had $13 when he started. and has º
he make that up? Then why these questions, ex-a true account of his º the bº º
ºpt as connected with this crime. i.en Eyck has would be what he had on hand. He says hº bºg
ion; he knows these old people; a shirt at Vosburgh's for 50 cents; gave Johnsº
certain information




































































31
..., , , , , …, man ave, is: uranav, 25: 1-2 brother joymer displayed in his argument) for
º - º paid for which hº was º in putting it. in.
it); tobacco, 49; cigars, 30; champhor,03: would to you his personal belief that Nº. J.tº
leave sº, against #10.90. He says he also gave committed this murden. He * een º º
Mrs. Lyonsºcents for liquor, and 25 cents to stand, and is as well known in his neig º ...;
Mrs. Johnson, which would leave $870, which as the clerk is here. He stands upon his gooſ
came all the way from New Haven. character and appearance, and no ºne has º
Now let us try another mode: We say º broughtforward to impeach him: Hºweº. hº
stillman gave his father $11.83, which Ten Eyck did not go out of his ºwn house that night; º
stoie, and from Mr. Boardman, $1. From that he is no ºne to sustain this defendant, who is º
ºed, at stone's $1.5; gave Johnson's wife with falsehood frºm head to fººt *. Whilº.
ºnts, and a penny each to his two children:ldon this in the zeal of argument, I cannot allºw it.
making $1,92, subtract this from $12.83, and you to go unnoticed. In my “O years practice, I nevel
have $10.91, and if there is any confidence in fig-saw anything so cruel. -
ures, you have the amount stolen from stillman's There are upºn the pants and coat, blood stains, -
and the #1 from Boardman into a penny of the and he would have you believe, they ºmeº
amount found on him, and that one cent found in nose bleed. The story of Mr. and Mrs. Boarºman.
his house by the officers is the missing penny. His before you, and you can make what you will out
amused myself last evening solving out this prob- of that; but the story dwindled more and more
ſem, and there is the result. He had no otherwhen they came to testify. No such stains are up-
money; he could notº a small bill, only the day on the clothing, but they are spºtters, such as
before, to officer Smith. - came from the concussion of the blow, thirty or
The fact is there that he borrowed matches of more, such as are found on the ceiling, at the head
Mrs. Carley and Freeland, and they are the same of the stairs. And there is one fact which, you
kind the incendiary used to fire the house. Stand-may judge is worth anything, and that is, there
ing alone this fact amounts to but very little; with are none on the pants, below what was the height
others, it is important. The camphor, as the doct-loſſ that coach. There is blood on his clothing, and
ors testify to smelling it upon Mrs. Stillman, came he had on those clothes when the homicide was
out of her pocket, when the money came out. committed. - - - -
But that is not all. He undertakes to cheat the Don't tell me this is a case of circumstantial evi-
jury, by writing a letter in Pittsfield jail, disguises!dence. I see the sunlight on the trees yonder in
his hand, gives it to O'Connell, admitting it was the west, but I know the sun is in the east by its
his, and that he complained of his prisontre; tıment, effect. We live-move and have our being by eiº
It bears evidence ºf being written by defendant cumstances. I believe in it as much as: do in
(shows paper) and experts have sworn that the positive evidence; it is legal. He wipes his hands.
man who wrote those papers (each of the jury upon the towel; when the officers go there, there
having a piece of his manuscript) wrote this. One are marks on that pitcher, and on the head of that
thing he could not disguise, which is obvious cane. They say the story of the scraping of the
Writing comes by education, but spelling by ma-cane was made up, because no knife was found
ture, and if you will notice on every one of those upon this party. I hawn't heard of º knife, but
apers, “me” is spelled “mee.” (Reads letter.) defendant whittled some shavings, as he testifies,
Well now I say he wrote that letter, he admits it in his own house that night, and he º had
to O'Connell, and experts proved it, " : *a knife. What became of it I don't know; but if
His brother in New Haven says he has not seen you believe that fact, you may believe that he was
him in many years, and Ten Eyck not denying it, scraping that cane the next morning.
writes a letter in jail, signs his brother's name to Now, gentlemen, I have endeavored to demon-
it, for the purpose of throwing his counsel on the strate to you, and to answer the argument the de-
track. More ingenious than his counsel, he hopesfense have set up, the motive, the opportunity to
that William will come and testify. He did noteºmmit this crime; after it was committed, his de-
dare, tell Mr. Joyner, this story. He knew henials of meeting Carey, or knowing either of the
would scoff at him, and he did not dare direct it victims; something to mislead his counsel in the
to Herbert C. Joyner, but “Lawyer Joyner.” jail; exhibited to you the man above alº others,
He says now it was brought to him by a red had you never seen him, as the one who would
headed woman, Jane Clark. If Jane Clark is here commit such a crime as he standscharged with.
or can be rºduced, I will stop this investigation . He hastestified for himself; it is but a few years
until she is found, and pay all the expenses to be since the defendant in a civil suit was allowed to
jutroduced to her. If, as he says, Jane Clark wastestify, for he would be biased. What shall you
here last Tuesday, she would have taken thesay for a man who comes on the stand to testify
stand; and if he will search for her, I will wait his neck from the sheriff's ope; he stands there
until she can be prºduced. It is as base a false-for his life, has been proven a liar and his counsel
hood as any told in this case, and base because he concedes that he is a liar. Of the 60 witnesses
undertook to deceive his counsel. You remember ealled, Johnson included, tº hear no suggestions
the trial of Webster, who did the same thing, and against one of them, except coming from his coum.
lied to his counsel from beginning to end, and Tensel and the defendant. Is it to stand upon the tes-
Eyºk has reached the same result, I trust. timony of one who is changed with a crime which
He hºstaken the stand himself, and Iyenture may send him to ignominious death, and confess.
to say, if we knew the histºry of this defense, ited to be unworthy of belief? * * *
was on his ºwn respºnsibility, and nºt by the ºld- Remember that instice includes justice not only
Vice of his counsel. No lawyer would advise his to this defendant, but to these people, all of them,
client tº take the stand and then be compelled to and to the whole people of this commonwealth.
admit that he was a liar, and that what was done There has been no evidence here, except for the
yesterday, and though acknowledged a perjurer, government, because when they set up an un-
* We prove him a º you are asked to give truthful one, lies and forgeries, they admit the
him the benefit of a doubt. - truthfulness of the commonwealth. Take it, con-
I dislike to criticise the conduct ºf counsel, but sider it; don't be hasty; take all the circumstan-
lsº be false tºmy duty, if I ſail to notice the ces, and then say, ºf believe this man is guity
ºss tºge, (setting aside the ability which my and does the evidence satisfy me?” There is no

32
alarm about reasonable doubt; it don't mean any.
thing; it is used to fighten juries; you can't eat
it not taste it. The question is, do you believe a
certain fact has been established, and then you are
satisfied beyond a reasonable doubt. You are to
act here as anywhere else in a matter of highest
concern. Law has to be administered, and good
sense, religion and moralityvindicated. Into your
hands I now commit the case, gentlemen, without
further argument.
CHARGE TO THE JUIRY.
GENTLEMEN OF THE JURY:
It is plain that there is very little remaining to the
court in the trial of this cause. The case has been
so fully argued and there is so little, in fact no real
dispute between the counsel as to the law of the
case, that it would be proper perhaps to submit
the whole case to your consideration without an
remarks whatever. But in trials of this descrip-
tion, as you know, the law wisely divides the dºº-
ties which are to be discharged, between the court
and the jury. It is the duty of the court to pass
upon all questions as to the admisibility and com.
petency of the evidence that is afforded at the trial.
It is the duty of the Court to state to the jury the
rules of law and the principles by which the case
is to be governed in abdication of the evidence to
the case.
You are sworn to try the case according to the
law and the evidence to you. The law you will
receive from the Court; it is your duty to be gov.
ºrmed by it as it shall be stated by the Court. If it
is erroneously stated counsel on either side have
opportunity to revise the proposition before the
full Court, upon more deliberate and careful argu-
ment; but for the present it is your duty to take
the law as it shall be stated to you by the Couri.
The facts to which the rules of law thus stated
apply, you alone are to find. The law wisely con-
sides to men chosen from the bedy of the county,
experienced in the common affairs of life, the de-
termination of all questions of fact, and the Court
would transgress its duty if it should undertake in
any way, by emphasis or direct expression, or in-
timation of any sort to convey to your minds for
the purpose of influencing them, any idea of how
the facts should be decided which are in issue.
he law applicable to this case is very simple.
Homicide embraces always, within its definition,
many degrees of crime. The highest degree is
murder. Murder, for the purpose of this trial,
may be defined to be the taking of the life of any
human being, by a person in sound mind, within
the peace of the Commonwealth, with malice
aforethought.
There is no great contention among you, as I un-
derstand, but that the apalling crime which was
committed on the 29th of November last, or the
30th, as the case maybe, between the hours offive
o'clock on the evening of the 29th and 7 o'clock on
the morning of the 30th; that the apalling double
homicide that was then committed in the town of
Sheffield was murder. Now the statute law of this
Commonwealth defines two degrees of murder.
Murder in the first degree is declared to be mur:
der committed with deliberately premeditated
malice aforethought; or in the commission or at-
tempt to commit any crime punishable with death
or imprisonment for life, or perpetrated with ex-
treme ferocity or cruelty. It has three conditions,
either of which attached to the crime of murder,
constitutes murder in the first degree. And you
are required in rendºring your verdict in this case
to find, in the first place, whether the defendant is
guilty er not, and if guilty, whether he is guilty of
murder in the first or second degree, and to de-
clare, when you render your verdict in response
to the clerk, whether you find the defendant guil-
ty ºf murder in the first or second degree.
Now what is deliberately premediated malice
aforethought? All murder before this provision
of the statute required an element of premeditateſ
malice aforethought. The statute adds to that ele.
ºf the additional element of deliberately prº.
meditated malice aforethought; and that implies
a certain degree of deliberation and planning on
the part of the person who commits the riº
the time. Mere length of time is not a necessaº
element, fºr a man may be guilty of deliberatº.
premeditated murder, with malice aforethough
when he shoots a man upon the instant, passing
along the street with a bºg of money in his hand.
It is sufficient if sufficient time has e apsed for the
formation of a deliberate plan on the part of the
murderer.
It would be within your province there to find
that this murder was committed with deliberately
premeditated malice aforethought. And you may
ind from the circumstances ºf the *murder—the
condition in which you find the victim, the eyi.
dence which you find that there was plan in the
murder; the evidentle which you find tº there
was a plan in the concealment of the murder, you
may find that it was deliberately premeditated 0.
the part ºf the person who committed it. Yº
find, in the fact that there was a double homicide
perpetrated at this time, that the murder was not
Cºmmitted under the overwhelming impulse",
passion, without time for deliberation and planning,
because you may properly argue from thºfact that
there were two persons killed, that the person who
committed this murder deliber ately planned what
he was about. And you may find that alsº º
the evidence, that he tried to conceal the murder
by burning the house, in part of the plan.
º the whole, gentlemen, I leave this question
With you, it is for your consideration. YouTºitº.
tion has been called to the fact by the learnei (i.
torney General claiming that it was agreed on the
part of the defense that there was murder in the
first degree, but I do not understand that it Was
agreed by the prisoner's counsel that this was mur.
derin the first degree, and 1 therefore leave that to
you for consideration.
Now, gentlemen, the main question in this case
perhaps you will thinkis, whether this defendant,
John Ten Eyck, was guilty of the murder of Mr.
Stillman. That is the fact in issue, and such
fact, as you well know, is ordinarily proved by
two kinds of evidence,—direct and circumstantial.
It is useless to consider which mode is the most
satisfactory. It is impossible to determine in ad.
vance of any case whether one or the other is the
most satisfactory. A murder proved by direct
evidence requires that you should believe in the
truthfulness of the witness by whom the testimo.
ny is afforded, and who says he saw the murder
committed; that you should be satisfied that his
senses did not deceive him as to the identity of the
person who committed the act; that you should
believe that he was intelligent; that he stated the
truth; that he was not deceived, and that he had
no purpose except to state what he saw. Such ev-
idence that might be on many occasions quite un-
satisfactory, although it would be direct evidence,
and entitled to your consideration as such, if on
he other hand, the evidence should come from an
unintelligent witness who had no chance for being
mistaken as te the identity of the person if he
should be an honest witness, if his testimony
should satisfy you that he was there to tell whº
he saw, and tºil it correctly, it might be satisfacto.


3
3
ºperhaps the most satisfactory evidence that you
cºuld have.
But, gentlemen, as you all know, men do not go
about or the perpetration of crimes ºalling wit:
messes to see what they are about tº dº, who will
come into a court of justice and testify to the com-
mission of the crime. Crimes are secret and the
community would be exposed to murder, assassin.
ºtion and crimes of every possible description if it
were not in the power of the courts of justice to
detect and ferret them out where there is no di-
rect evidence. A resort to circumstantial evidence
therefore which is of a nature to show the com-
mission of the offence, is a necessity in the ad-
ministration of justice; and it may be of such a
character, and so conclusive as to offer to you the
best possible evidence of the commission of the
crime; such evidence coming from independent
scources, from different witnesses, testifying to
minerent collateral circumstances connected with
ºne particular tact; testifying from different stand-
points; all concentrating upon the one fact to be
proved, involving the perjury of a number of dis-
connected witnesses; with circumstances enough
bearing upon the fact to make you believe that
those circumstances could not exist constantly
with the inocence of the party charged, may give
you a mass of testimony that would establish the
act more satisfactorily than any direct testimony
that could be produced. In the grand procession
of human events every one tact that transpires is
connected with every other more or less intimate
y; is the product of causes that preceded it, and
has a relation of cause or effect to each event that
follows it; human events are related to each other
in an intricate complicated web. You can no
more take out one set of facts from this web than
you can take from this carpet a piece of it and not
be able to match the event to its surroundings, as
you would match a portion of the carpet to the
place from which it was taken. The coincidents
in human affairs are physical and they are moral.
The weight which you attach to these coincidents
is the weight which from your experience as men
in the management of affairs, you know should be
attached to such connected events. You have a
right to judge of a man's conduct from what you
know of nature and of moral motives which influ-
ºnce human conduct. You have a right to consider
that men, when they have no temptation other.
wise, ordinarily tell the truth. You know that
men do not resort to deception and lies. You have
a right to apply your knowledge of the fact that
men do not flee unless they are fleeing to escape
crime. All the knowledge which you have othu-
man nature in all its various forms you may ap-
ply in the determination of the question whether
upon certain facts being proved in the conduct of
the person charged with the offense, you may not
rightfully inter the existence of the offense of which
e is charged. On the other hand, some of the
hysical coincidents are of the véry strongest
haracter. Thus it is proper for you to infer, and
is constantly done in a court of justice, that the
lºssession by the party that is in fight, of stolen
sºls, recently stolen, is strong evidence, unex.
plained, that he received the goods as a thief O.
*se the weight of that evidence depends alto.
ºther upon how recently the theft was committed,
And the weight of it is very largely increased if
There be any circumstance in the conduct of the
ºrty which shows that he intended or attempted
ºnceal the possession of the stolen money, as if
* tells any falsehood in regard to it—if he tries tº
ºnceal by falsehood the place where the stolen
*ty was obtained. And as an illustration of
The physical relations to which I have referred,
you may take the instance of the blade of the knife
found in the prisoner's possession which fitted pre-
cisely the broken point of the blade which was
found in the heart of his victim. Or the other
common incident, where, in the wound from which
the victim died was found a piece of a wad which
proved to be a part of a ballad, the counterpart
of which where it was torn of was found in the
pocket of the prisoner immediately after the crime
was committed. These are some incidents of a
moral and physical character from which it is the
right and duty of the jury to infer the existence of
the particular fact, although there may be no di.
rect evidence whatever to prove it.
Gentleman, it is not necessary for me to dwell
longer upon this subject. I have said, perhaps all
together more than is necessary. It is talking
about a matter which is entirely too plain. You
all know what circumstantial evillence is. It
should be carefully weighed, and this proposition
I wish you to carry in your mind: the circumstan-
ces surrounding a fact which the government may
be able to prove may be more or less numerous,
the more numerous they are, showing their rela
tions to the fact to be established and tending to
prove the existence of the fact, of course the more
satisfactory is the evidence. But all the evidence
so produced by the government for the purpose of
convicting the prisoner must be only consistent
with the guilt of the prisoner. If there be any oth-
er theory or º to which you can resort
istent with his i , then the prisoner is
not to be adjudged guilty. The circumstances must
exclude any other hypothesis, and any other theo-
ry than that the prisoner is guilty of the offense.
Now, gentlemen, it may be, (and herein it is my
duty to caution you) that some of the facts º
the government attempts to prove, some of the in-
cidents surrounding the main fact, the govern.
ment may fail to prove to your satisfaction. That
does not necessarily imply that therefore the de-
fendant is nºt guilty, because you may be of opin-
ion that the fact which the government has failed
to prove is not essentially necessary to establish
the guilt. You may throw out that fact and take
all the other facts which the government has es.
tablished, and still conclude that the prisoner is
guilty. But you must take carefully into consider.
ation, after haviug siſted from the government's
case all the facts which are insufficiently proved,
that there are facts enough, collateral co-iſcidents
which I have described, both physical and moral,
to prove that the defendant committed the crime
and that nobody else could have done it. In that
way you will proceed safely in the use of circum-
stantial evidence; as safely as in the use of any ev-
idence that can be produced in a court. of justice.
Now, gentlemen, I do not propose to go over
this evidence, at all. It is all before you. It has
been thoroughly and very ably commented upon
by the counsel for the defense and by the counsel
for the prosecution. It is divided into several
classes, to which I will allude: The previous
threats. It is for your consideration whether
those threats were of sufficient nearness to the
time at which this murder was committed to bear
upon the murder, and if so what the nature of
those threats were. You will consider the decla.
rations of the defendant to the witness Carey and
the other declarations which he made both before
and after, as bearing upon the question whether
he was the party who committed the crime. The
inquiries he made You will consider the ques.
tion of the matches, whether there is any reliable
evidence in the fact that there were matches found
upon the floor of the house resembling the matches
obtained from Mrs. Carley, and whether an




34
weight is to be attached to that evidence; wheth-
er that evidence is to be rejected entirely, or
whether, when connected with the other, it has
some bearing upon the question of the prisoner's
guilt. You will consider the question of the mon-
ey in his possession immediately after the homi.
cide, and of its identity with the money which it is
attested was paid to Mr. Stillman immediately
before the homicide. The calculations to show
that the prisoner having no money before, had the
amount or nearly the amount of money answering
to the kind of money received by Mr. Stillman, af.
ter deducting what he had expended. All that
has been thoroughly explained by the prosecution.
You may consider all the attempts at disguise, if
you find any, made on the part of the prisoner af.
ter the offence was committed. You may consid.
er the fact that the prisoner seemed to be, on the
day preceding the homicide and Thanksgiving,
more or less under the influence of liquor, in its
bearing upon the question. Drunkenness, by the
voluntary use of intoxicating liquor, as you well
know, gentlemen, is no excuse or crime. It offers
no palliation whatever, but it is a fact which you
may take into consideration, when you are de-
termining as to the conduct of a man, you may
consider what occurred after. You may consider
the deception practiced by hina. These are the
moral co-incidents connected with the crime.
And now, gentlemen, it is my duty to say to you
that the suppression of evidence which might
seem to make against him, the fabrication of evi-
dence in his favor, if there be any evidence of any
such suppression or fabrication or falsehood, yon
may coºsider as among the strong moral co-inci-
dents connected with this case. And in that con-
nection it is your duty to consider the degree ºf
intelligence the prisoner possessed. It has some-
times happened in the courts of justice that inno-
cent people charged with crime, without intelli-
gence enough to know the full weight of the rule
that honesty under such circumstances is the only
true policy-innocent people to whom suspicion is
unjustly directed, have told falsehoods, have fab
ricated eyidence, have suppressed something
which they supposed would point against them,
although they were cutirely innocent. Whether,
therefore, evidence of this description is to have
weight depends largely upon the degree of intelli-
gence which the person pºssesses, the timidity
from which he may be suffering, the degree of emi-
barrassment which may have overcome him.
And now, gentlemen, you are to consider all the
evidence which comes from the witness who has
testified in regard to the blood stains. Is it proved
to you that they are human blood stains?. In a
court of law it is proper to resºrt to the evidence
of men who possess peculiar skill, experience and
knowledge upon recondite and hidden subjects.
There are many matters of human knowledge
which the juries and the courts cannot have time
to investigate. We constantly resort, as you
know, to the medical profession to inquire of them
as to the hidden causes of disease. We go to them
ourselves when we are in the greatest distress and
amiction to know what shall be done for those we
love. We repose conſidence in their learning and
in their experience, because we know, that they
have studied into matters which are beyond the
common knowledge of man, and we trust such
knowledge implicitly. They have a right to come
into court, therefore, and their opinions are com:
petent evidence for the consideration of the jury.
You are not ound by those opinions, You may
reject them if you please. But the weight ºf those
opinions will depend largely upon the intelligence
edge, the extent of his investigations, your conti.
dence in his fairness in the pursuit of those invº.
tigations, aud if there be a conflict between par-
ties claiming to be experts then you will judge be.
them which is to receive the º has the
most experience and most wisdom. It comes in
only as evidence for your consideration. The
blood stains apply, not only to the clothing, but to
the cane which was in the prisoner's possession
at the time. And now, gentlemen, I think I have
said all that is necessary º as to the question
how far you are to be satisfied of the guilt of the
prisoner. You are to be satisfied beyond a reason.
able doubt, and that does not mean that you are to
doubt for the sake of doubting. There is no fact,
except that capable of proof by mathematical
demonstration, in this world, the existence ºf
which may not be a subject of doubt.
There is no demonstration required in the man.
agement of human affairs or in the administration
of iustice, because there can be proof or by a moral
certainty. You must be satisfied that the fact
which the government has attempted to establish
is true beyond areasonable doubt for which you
can give no good reason. You must be satisfied
in other words,that the guilt of the prisoner is prov.
ed in such a way as you would require a fact of the
gravest personal importance to yourself should be
proved. In civil cases, as you know, the rule is
that the parties may make out a case by the mere
preponderance of evidence one way of the other.
You are required in a civil suit to be satisfied only
of a fact. On the contraly in a criminal suit you
are to be satisfied beyond areasonable doubt. But
that reasonable doubt is something which implies
more than a doubt raised for the sake of raising a
doubt, and I can do no better than to read from
the opinion of one of the most learned Judges of
thus court. [Reads extracts from “Cushing's Re,
ports,” page 320; also from Mass. Reports, vol. 118
page 6,
And now, gentlemen the court gives this case to
you. You cannot have failed to be impressed by
the constant and deep interest in this court house
from the beginning, how deeply every one in this
community is interested in the question before
you. Interested in the question, because it affects
the security of human life, a security which it is
the duty of every well ordered government to pro-
mote, as one of the first and highest aims; that
security, you will remember, has been under our
system most abundantly obtained in all those pro-
visions which are intended for the detection, con-
viction and and punishment of the crime of mur-
der. Beginning with the inquest, which is re-
quired to be held as soon as the murder is coin-
mitted, for the purpose ºf determining upon the
facts; the inquiry before the district court; the in-
quiry before the grand jury, the empanneling of
this jury, and this trial; ſmally the sentence and
punishment which inflicted upon the party guilty
of murder committed with premeditated malice
aforethought, the highest penalty known to the lºw.
It is that the people of this commonwealth.
wherever situated, in the remotest and most seclu-
ded parts as to the most populous or every cond-
tion in life, may pursue peacefully their avocations
without fear of the murderer and the assassin.
But, gentlemen, this high solicitude of the law
of this commonwealth does not end here. It pro-
tects the prisoner in the dock as well. It takes care
that he shall come into court with the witnesses
produced against him face to face. It gives to him
the right out of the treasury of the commºnwealth
to procure all the evidence that he may think will
aid him in his defense. It gives him the right º'
counsel, faithful and learned, as illustrated in this
and sobriety of the witness, his means of knowl

3
case. It gives him the right to challenge as many
jurymen as the commonwealth may challenge. and
therefore gives him in some sense, a right to select
jury fair and impartial. It gives him the right
to excepto any trulings or instructions that may be
given to the jury unfavorable to him. It gives the
Fight to stand here upon the witness stand and tes-
ify in his own behalf. It protects him from the
clamor of the mob when they seek his life in the
first blush of excitement that attends a crime so
appalling. It gives to him, when that excitement
subsides, an opportunity to be tried here, away
from the immediate scene of the murder. It as-
sures him that he shall not he convicted unless a
jury of twelve men thus selected, and after having
an opportunity, thus to prove everything in his
own defense, shall be satisfied beyond a reasona-
ble doubt of his guilt.
It is equally right that he should be protected
and that the community should be protected.
And now, gentlemen, one word in regard to the
evidence coming from the prisoner himself. He
has a right to testify, and the credit to be given to
his testimony is entirely for you. To the sugges-
tion made by the government in regard to the
weight to be given to that testimony, you must
give due consideration. You will remember that
he testifies under the highest interest. You must
consider the character of the man, his truthfuiness
in other respects, and you must say what credit,
if any, you shall give to his denial, under oath on
the stand, of the charge against him. And upon
the whole, if you are satisfied that the defendant
is guilty of the crime with which he is charged,
beyond a reasonable doubt, then there can be no
question, that walking up to the discharge of your
duty like men, you will come into court and say so.
And that, on the other hand, if you are not satis-
tied beyond a reasonable doubt, whatever may be
the disappointment or clamor of the community,
you will come into this court room, and like men
you will say so—and no more.
THE VERDICT.
The jury retired directly after the charge, and in
a few minutes after entering their room, took an
informal ballot, which was unanimous, pronoun-
cing him GUILTY. After examining some evi-
dences before them, another ballot was taken,
with the same result. It was deemed best, how-
ever, not to report at once, and they remained out
for an hour and a quarter, returning at 1.25 p. m.
There was a death-like silence in the court room,
as they solemnly filed in and took their seats. His
counsel were sent for, who returned, the court
came in, and in response to the clerk’s inquiry the
jury were asked if they had found a verdict, to
which they responded that they had, and foreman
Smith, looking on the prisoner, and he on the fore-
man, pronounced him guilty of murder in the first
degree. Ten Eyck's coolness did not leave him
for an instant. Attorney-general Train, no motion
being made by prisoner's counsel, moved that
sentence be passed upon him. Before preceeding
to that solemn duty, the prisoner was asked it he
had anything to say, and he answered as follows:
I have a few words to say, but I don’t wish to
say anything thinking it is going to do me any
gººd, but what I am going to say, is for the good
ºf others. I don't want to die with a lie on my
lips, and if I was speaking it on the scaffold, I
shall say it there. I conted I am innocent of the
crime; and why I am saying this so as that my
counsel, who have done all they could for mé,
would not regret what they have done for me here.
after. When I first met my council, I was informed
by them and also aware myself that they would
5
not know how to act for me unless I told them the
truth, and the facts. They are the facts, and as
also told the jury nothing but the truth in any
form, that is all I have to say, sir.
When Ten Eyck began, many thought he
was going to confess the crime, but his old bra-
very returned to him and he stoutly affirmed
his innocence. Judge Colt, in passing sen-
tence, said, the prisoner rising:
The SENTENCE.
John Ten Eyck: Two indictments, found
against you, one for the murder of David Still-
man, and the other for the murder of his wife,
having been duly certified to this court by the
superior court, you have been duly arraigned
thereon, and counsel assigned for your defense.
You have now been tried upon the indictment
for the murder of David Stillman. In this tri-
al, all the provisions of the laws of this com-
monwealth intended for the security of per-
sons charged with the commission of crime.
have been carefully observed. You have net
the witnesses against you, face to face. You
have had ample opportunity to summon the
attendance of witnesses in your behalf. You
have had the assistance of counsel of your own
selection who have labored with marked fidel-
ity to present your case to the consideration of
the jury, You have had an equal chance with
the government to challenge as many jurors as
the law allows. You have selected as impar-
tial a jury as it is possible to select. That jury
have given to your case patient, intelligent at-
tention; all the testimony before them we have
no doubt, has been carefully considered as it
came in, and they have found a verdict that you
are guilty of the murder of David Stillman in
the first degree. That verdict meets the ap-
probation of the court, and you have taken no
exception. The most appalling crime, this
double murder, a crime of greater magnitude
than ever committed in the county before, is
laid to your charge. It is useless to dwell on
the magnitude of this crime; but it may be per-
mitted to the court, kindly, earnestly to warm
you that there is no hope in human aid for you.
To urge you now to turn your hopes in anoth-
er direction; to look to that higher power from
which the greates sinner on earth, if he ap-
proaches in the right spirit, may hope for for-
giveness. It only remains for us, as the min-
isters of the law, as representing the supreme
power of the commonwealth, to pronounce
upon you that sentence which is expressed in
the brief but expressive manner of the statute,
that whosever is guilty of murder in the first
degree, shall suffer for it the punishment of
death. That sentence is, that you, John Ten
Eyck, be taken from this place to the county
jail for the county of Berkshire, and there de-
tained in close custody, and that on the 16th
day of August next, you be thence removed to
the place of execution, there to be hung by the
neºk until you are dead. And may God in his
infinite goodness, have mercy on your soul.
While the sentence was being pronounced,
the entire audience rose to their feet j udge

36
Colt's voice trembled, and his eyes were filled that he should commit suicide. He is closely
with tears. The prisoner, however, stood sto-watched, and all proper precaution taken to
ically in the dock, and many who looked at prevent his making an end of himself. He oc-
him, thought he smiled, but that he denies. He cupies his former cell, eats and sleeps well, and
has frequently told deputy Wm. Root that his talks freely.
father would never hang him, and intimated
º,