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Full text of "The Black River Road tragedy [microform] : full reports of the coroner's inquest and the trial of John A. Munro for the murder of Sarah Margaret Vail and Ella May Munroe"

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BLACK RIVER ROAD 
TRAGEDY. 



FULL EEPOETS OF THE 
COROITEIl'S liNQTJEST, 



AKD 



THE TRIAL 



OP 



JOHK J^, 1MCTJ3VII.OE 



FOB THE MUBDEB OF 



SAEAH MARGARET VAIL 



AND 



ELLA MAY MUNROE. 



SAINT JOHN, N. B. : 

PBINTED BT GEO. W. DAY, 46 CHABLOTrE STRIET. 

1869. 



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BE BUCK RIVEftfeOAD 




eleViM ^^r ttiFbh'ir ^iv, «r Mnoe the Bf ispeek Ttngedr, prbbably no orine 
foul » nntare m that which is now jast broagfat to liirnt, has Immi commit- 
New BtnnswJlcii. W« my crime, for there owi be no doubt that a dnadfol 
le murder waii committed, and that apon a wealt and defencelesa woman, 
still weAfcer snd Innocent babe, v 

storf , evolved from rumon which for a wedt had been more or leaa 
ig aboot in the eomAnni^, is this: 8oine colored girla and yonog men 
laid to have been nicking berries upon what is icnowii aethe Blueberry 
IS on the road leading to Willow Orove from Lakm Lomond, on Tuesday, 
fiber 7ch— the day His Ilo>aI Highness Prince Arthur arrived in St. John— 
>D« of the ffirls came upon what appeared to be the remains of some ani* 
'^^hnman being, she did not know -which. Curious to know tiiiat H. rcAlly 
|ie called to Mr companions, who, upon reachhig the. spot, disocrmreda 
of a hnman sknil and a few bones, together with sundry portions of 
rhich indicated the remains to be that of a w<Anan. They were eorered 
It brush, but not sufficiently to hide the dread sight. Onn of the young 
'"" Up a stick, and poking it down into the moss broagfat to the surface 
r"with a little sock in it Alarm and fear seem to have struck to 
^theee colored peo|rfe, for like M^tened children they fled from the 
kthey #ended their way home«ard*«4;he while not forgetful of their 
^HM plains, for they nioked btoties as they went-4bey wrgued among 
. ^to say nothfalg of Uie discovery tbey had made^ IVkat motive -ooula 
^mpted them to such an agreement it u hard to say. It is barnly pos8i> 
tthey, in their utter ignorance of the demuids of humanity and what was 
t at theif hands, may have thought that it was none of their businase uy 
Ifiict be knonm th«t th^ had found hunwn remains in a spok where they 
iHght to be. Ot they may have supposed that faring the winter some 
rky^tde tnaveller had lost her v^y and died inihe snow, where rim had 
»wn to rest, and as there was Httle remi^ing~to shew who and wbM she 
was hardly worth while to make a noise about k. These am, of toarse 
ires, but odb thing fscert*in, tiie ton or dosek^ievsont who fivsl smr th« 
b HgtiM to let nb dne know what they had seen. It was. how«vnr, too 
Id ^ange n sight to thent to permit of that secrecy they had ptedged to 
(nk« glrfloM aaother, she told her aunt, this woman mfofmed a 
; in the nOighborhood, and he with others called apon the trembling and 
berry-pickets to tend them to the spot. 

ipct to which tbe fnnf were bmnght was near the Bkok Rivw Bond, a 

^i^ Of a mile beyond the Forkn, and half a mile flrom Bnnknr^ The r<MUl 

Kross a mossy barren covered with stQuted bushes and brushwood, with a 

if thicker woods here and there. Passing the first patdi of tangled vroodf 

ly opposite the spot where a dwarf juniper groves by the side cw the road^ 

"Hrlgbt hand. Is a Height opening in tae bnshe«. This has now been wotn 

ti-uck, and passing through Tt one ooaoiies upmi the soutbmen ^e of the 

Woods which is not mom tfaian a hundred feet through, and there at its 

f|last comer isttin spttt wkem the remains were foood, as sean by the first 

party ^' berry-pickers. 

Tfiit isvidences of a woman and child having been depoiAted them were clearly 
visibiii^ and information was at once sent to St. Joha of the fkct, but Coroner 



THE BLACK RIVER ROAD TRAGEDY. 



Eaiie was not notified till Wednesday, when bo at once went to the locality with 

one of the City Marshals, and some of the neighbours who had visited tiie npot. 

On ai'rival tho first thing seen was a woman's skull, with a luxuriant mass of 

boauttful, bpYl ^?i''' wbujh had fiviUeuUy hoeii carefully tended^ put up, in & 

braid^d«fc(|tifDm4lf48teM^<V'*^9o"^^^ ViTjP^i/l P)5P' Wf a Jotig ^eavy 
ourl or switch uepundant froni one side. ' A chiuPs little obot, with tho sock la 
it, lay by it. From the head toward the South wore some largo sticks and a 
number of bits of brush, which, upon search, they found had been cut from the 
trees close by, for a. dose tixataainatlon shomi^ the qu(» qi>. tb« t^usli to match 
exHotly with'the stabs or bntnobea from whici^ tbey had- beea Uk«Q. Thia ve- 
mdinedf, a eoverintf of aioM wm Been, which most clearly ha4 -been remoKOd 
from a«pot;oloedt^,i£i»iiwttistill bate, wfbUe lUlvaroaad it wajs covj^red wUb 
tho natural growth to the depth of six or ^ight inohesi PoHtpg among this 
niols?} which appedrltd hav&been. tramped down* fQr it. waaireryjBucb matled, 
tharej^ppnarea the large bdna of a thighs and pieoen of other beaps, together 
with reiniiantB of a woiaan'a alpaooA 4resa, straw hat ^eavy tweed oloth aac^net 
b^in 'S6nta^, enbroldevad (open worked)/ skirt (or-dpawea'S^t blue gray mauQP 
stookihg, biadkiitk ribbotf sash (ealire), and sundry other iKt^ioje^ dif&pulti ^e 
describe. ^ ■uii-\ii-'-^ ■. j !>:'■ . ■ • tu,-.., t-: -.'liv ■^o^:t •■um-- c. k-j ■ <{■ j-, ,,> fi->r.v' 
V At tNe cHslaace df &{iBW> yaitls ite/eti remnaints.of a ob^d'e white dress,, wiw 
it» whke alip, or underskirt inside it and both piaaed at the back, a boot a^d 
soek in it, red ilama drees* grey oloth aaoque or capc^ (entire) still fastened.^ 
the neck, and a roHer. bandage of cotton having eewedJ^tpJ^jaiVoand piece Ojf 
)ead pierbeid with nee^ holes, to act ae a truss* ■■> : j d li.f: ' •■'Ijj' 

i: From the condition in whioh the remains wens fomnd.it waq evident that tne 
bodies had been eataa by doge or foxes, as no portion of the flesh was cbserv- 
able, andtho clothing of both woman atvd ohtld had been torn up by the a^iint^ls 
kt their endeavors to get at their prey. The bone* of the hands and iteet \fere 
not fbubd/nor w^re the vertebrata. Of the ohild nothing w?^ discovered bnt 
the sknll and potrlfonsof its olothiilg, and the shoes or bpotaiof tho woman were 
also 'missing. ■,' ■'■>■■-,■■: ■ s. 

In a direct line from the spot .where the bodiea. had*'been deposited Messrs. 
March and Bunker found on the bankbythe side f>t the road, ;what appeared to 
be the impristiOta thaa's ioot made ia thcfclay when softened by rain,, or the 
water whicli aeeumnlatte in a deep hole formed by the rtmoval ,<(^ gravel to re- 
^ir tba roads; This hole, in Sprit'g or. ^il, must iiara three or .four ifeet uf 
waterda it. : Tba boshes gavC'iif- indioatiba, however, of^ the passage ot (rar- 
sont thvougb them. The bodies had been deposited iu a pnaiiJlC; )|Q).1ow , lying 
tftbtt^' and south, covecied wlth-moss and brusb.wopd< ai)4 k^pt-in place by 
heavier sticks.^ More than a dozen of the trees showed iWlijBre {thel brush came 
ftom. ' Thci moss had not been romoved, for on poking: it UR withi ia stick they I 
turned dp axed berlin tasseU a picee of child s,t«d dsessii a loi^ piece of black 
bwidi Bonio portioneteif grey tweed* probably of a thick ekirt, part <^f some whi^ 
cotton garment, a white bone button, 610. ^o^j Forty or ^fty pf^qes direptly 
noipth bfthetjp6ttllfey.itome upon the ohtid's skull 'l;^g jjosanopen apace close 
by a sottili bitsh;.! JH portion of therightaid&' piece, of the skull had be^a bfokenl 
«fF andUay<elos0b;f, and the thick centre bbne of the jore head and base of the! 
hose iitferBia foot cn*>two from it. Qn ^picking; tho skull np«. it s^i^urateH at thel 
joints, bulb wis in other raspect»firm« ' Updn^tho aide oi' Uie!sk,u^l is an iiujeutaj 
tiOQ over as inch in ietigth, as though m^dtf with a 'Shai'P inst^uiP^nt upon thel 
-bon« when soft; and a nooaber of surface puaotures lopk «e ithou^h made witbl 
the point of atjaok knife. These mat-ks» irtim lh9ir .ciiMi^aclier, oouTd hardly havel 
^been knade by the tbcl)h>6£> an animal. A: short .-dtstanee east of 'this they.also| 
found the top of a woman's merino stocking. , < y -t 

vnwiuJ w(.\ .jy«i'l(irij to mi'A .?<' o> .i«38 3»«o 3n saw uoiumwtai Inn. ,koic.~ 



jAMBt C 

James (« 

The C 

testimony! 

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haifci^.i al 
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a^ioiit, f,tui 

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, TojB inquest wu^op^o^d ii^ ^h^ Cifcuit 
CouttRoom, b«£ctr« Dr. Kakm, )onfl.Qf 
t|i« C()mnera of tl^ Goviity' of StJ if dbn/ 
A numb«r of a^edftdkl 'htifii, M¥mbiM of 
t^spreMand otu^ra w^re nrq^fnt. .Tnf; 
f«tlowiog goDtlMntn composckl (hit Jury* 
via.: '" '■'''' • ••'' •' '"' • *• ■ ■< 

JAHRt CRf WC0IM2. j(7l^OR9E[,S(;:)9Jl1}J^I(t(«j 

Jamks Grbsiv, V I LiBWiBMrvPuiUN?* 
Wfluam Oiubb, WMi'K. L&uetEix* 

'S-ff "•■ "-'ifl rt; :?: •.11 -Nl ^!|i((jt' {iir • 

The Court beingopebtd^lhilblloirtn); 

te»timoiiy Vfaitafead': ' '^' . t"'' ^, •"" 

1 ! • . M» Uf1« ,?! . tlKKlil ;<0!(' 

'^< MARTHA TROMP8(»f,^Color0d)^ rn ij 

• •' ■ ■• 'J ! (',■(!<■ •■ ! ' 'i • ' _-' 

B!<vorD s I vfBf out b|r^yi,o4.on the F|ain,«i. 
Mar th« Bla«lc:ft}>er,]6lof^, pD the day 

«l4t»t (Q«tf;«iu»f! H^rd ri^^fgwel), and 
]g«tflo« i'p,fr)^r,|r(«r,« with m^^,l.w§a* lilfla 

!^ hiea d or ekpll. } J(:9oILr||, ^my. 8iatj^4,,^ti(^ ^ 

sume 4iotanG0 fr*«nJWB^;Ji,^ei^Jal80,fifJ;s^ 

iu»4ac4»ked at it.,.., Up^ofM^ 7^««gf.t«fPMi 
i I ov ^ fWiWi ftAtiftlf, and r »,,«*»; ppdrtipn^ flt 

and «» hoipfp^^lfirt,. ,,,T|^e,, ajipUNe* ;W.^'!eJWit 
up ina ^>«ineh ^|if^,Jl?i|^Br,lh^^, li^/liflce 
Powl«r aaid itjwas ,,thtt aVull pf^aiietf^W)^ 
I then cania aw^y, an^ t,^t» ;ett]L »Uo c((tao 
away, We ijickwl ,i)erti^,.|^Cier,,j^^'ieft 
uui4>,it wa<* ilune iQ,go,Uoin9.,' Tni^iiraa 

wevftvid , ^totittinji , ft|)Out.,.U'.,!(t ,ljpew qq. 
bwitt^. .\V* «ll,.»f(mt hoiiie t/p|f9ihQr*i^(i 
none Q£,i^,jHhei;f ,;^fUd *i7<l«i«wthat..l 
kttai^ of. .ii[^i|yjl3|^^^|,;j|jy^ Ci«hal« 

qibQiit iii they riiftve a» w^jiqovfor.tji^,. , ^ 
B».yiqr MM.d, ui;j»pA>)W)c/tH ,»jfBi|» jU1^VM|J^ 



: ir-iOHW* 1 V..' 



QUE ST. 



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night flVfAnefiky). 'i'He'-a^uit' wM 
partly oover^i uo with bru^h i^f»clmoaa }^ 
the bru«h ahowiiia |t^e i\, * 1 Mf i^thtog 



CAitouwk tAoi^W8j»'?dblonfi(id)V 

aWorn : About surfcakago I mm p{a\dndi f 
bitrriea*^ Black Bit^r Road, about 1* 
mlifl ftidm Bunker'a. Mv t«N» afaMrt aii4r 
Ifrinca Fowler w«re witM m*; My alster' 
Ma#iba wag % Iheieahaadl'aMcJalkcl^ 
inr dldeat^iiata^ Mal^i'M/'atid ' aaked'' 
what that *»■• ^Mob i^ 4iaa*«D«nd ; tba 
aaid ahe did not know, %tiA tkren ealicd/ 
on Prinoe Fotvler • h* ««i4 he' thought \X^ 
wak a ^^ersen^s head ; I eame up ahd 
looked at it ; there Was n head' afivd two 
bonas, ^ene olothing of' '« 'wo«h«n<-Mio; 
aeverat )fttle bunihea-^a ehllA'e shoe ami 
aoolt, but no other ohild'a bloCh'fng ; tliey 
were covered with' moM and bark such ait 
that' shown. ' George Di^ removed 
some of the nyosatknd hvu^h. Ihekre wers > 
«ome clothes lying undeK<aild tbiire iraaKi 
a JItile lipruce tr«a/.aort of , k^rpw^i aQrosa,./ 

teTfif "*VWy «WJ»MH}« Monea ,of a,huv ^ 

eia^,, beir^ \, i|^, sjat^r - ,tol4 mfi. ^^ ^^fK^ 

%lif* bopf It i?^,8a1^«a^,r<^,o'clj^iIi 
»^ll^ we t9\xj^ th^fii, J^a uot hear pf^, 

ijoch^et bfinff fbi^nlji .u^oip t>> d»y, W|ven. 
Wj^iVt, |ipaie,lt#14 rayjiny.i^baf .^nj f^thp^., 
^bpjit it^ >ui, ;t^r4, ^ohoQy ' else; it'; 
was agreed. i^njioMjUa all not to aav a'nyr^ 
tluj^g ,obo,i4 4t,;, Jby we , I niean George 
pi^gs, Heucy Bi^ndy, lai^iah Uabels,^ 
Prince Foiwl^r, Mary Thornpspii, Nlary 
Corbyn, ^usan Cprbyn. Thay g^ye xyt 
reiaon /or noj^ ifiahinff tp .lejij auvbodv. 
Bly.Yj^tf cp,^R»rmqiher did not tell any- 

b;)4^!, >>nVJ«f»,ipift t^V^?? (flfho, wrt3 alfo 

,w(tl|. ;P^) t«>ld, J^ary ^he ,abo»t JtfTlast 

Si^ucUy, i^,sQ;xpu^.X«fr^.^, di^.not agree not 

bb t^f;,J,qfWt aaw affyo^e abbj»tlh?rB 



T^ INQUEST. 



SUSAN LAMB (Colored), 

sworn : I live st Loch Lomond. A week 
kcro UstTuesdsjr I wm on tie Plains, near 
Black Rivqr Road, picking berriea, in 
companT with Fan Thontpion, Martha 
Ann TbompBOtt, Caroline Tbompaon, 
Margaret Jan* Thompson, George Difes, 
laaiah Oabela, Prince Fowlar, Mary 
^Tbompaon and Henry Brandy. Wblle 
picking befrieii. Martha Ann Thompson 
went a s^ort distance from the rest of us, 
and In a little while l heard her call ua 
over. Mary Thompson, Henry Brandy, 
myself aod sister weat.tQ ber. I »s» a 
woman^B bead and aome bones lying on 
tJ^t grottn4« wlib saaM brush o» them. I 
rbuaght it was a woman^s bead boosaae 
the clothes were there. Henry Brandy 
toek the brush off and we all looked at it 
for a little while. I aleo ssw a child's 
boot with a itockinff in it. We all got 
frightened and went away from it ; we all 
thooght it not worth while to say anythinir 
aboot it. George Diggs said for ua not 
to bother with it. I told my father the 
sams niirht (Tussday) ; he told a snan 
named Kennedy the saoae nigbt; Mrs. 
Kennedy told my aunt, Marr Corl^n, and 
she told Mr. Donglas on Sunday. Mr. 
Douglas than came orer to Mr. Tbomp- 
8on*s to see about it. I w«nt with him 
to the plaee. 1 saw no brooch or locket, 
nor heard of any. 

MAROARBT JAub tHOMPSOiv (Colored), 

sworn : About a Week ago I wia out pick- 
ing berries on the Plains, near Black 
River Road, about a quarter of a miltf 
above Bunker's, in company with my two 
sisters, Prhite Fowler, George t)iggs. 
Mary Thompson, Jemima Lane and 
others. My sister called me to tell her 
what it was she bad found ; on going to 
har she asked me what kind of thing that 
was. I did not know what it wa», until 
Henry Brandy said it wSs a dead body — 
a human, he thought. I saw some bones, 
the head, and some clothes which looked 
like a woman's. I did not look close, aa 
there were some eticks over it ; it seemed 
down in the moss. I and ail the rest 
went home about four o'clock. I told 
nobody about it, beosuse I.did not think 
it worth while. Henry Brandy and Geo. 
Disga Bjtid we had better not ss^ any 
thing about it and let the matter itup ; i 
}teaf d nothing more abput it ttndl Sttnday. 



WILLIAM DOtrOLAS, 

sworn : Last Sundsy evening;, 12th Sep- 
tember, I met Mary Corbyn snd her hns- 
b^ad. I said * WaII. Mary, whnt'n the 
ne»a thia m'^rningP* Sh^ repli<rl. ' Did 
you hear about the peraon that's laying 
dead on the Plains f I ask^d her whe 
told her. She aaid Jemima Lan«. I 
then wanted her hnaband to come and 
aee If she woald ihov '^s where it was. 
He thought it too late, and we had belter 
wait till Monday morning. I then went 
to -Mr. Cutbbert's and told him, and he 
wrat irith nis U* the bouee where the par* 
ties were who had found H ; nearly all of 
them were in the house. I asked G vorge 
Diggs if he would ecme on Monday 
morning and shew me wbsre the dead 
woman lay. It waa some time before be 
made an answer ; ai length he said he 
knsw nothing at all aboot it. Heniy 
Brandy jumped up and asked me who told 
me; i aaid Mary Corbya. He told me 
to go to her, as she must know all about 
it and could tell m*. Henry Brandy aak- 
ed who told Mas? Corbyn ; 1 said Jemima 
Lane. They all denied knovring any- 
thing about it, and George Diggb told 
them to bush up and aay no more about 
it. Mr. Cuthbert and J then went home. 
On Monday morning, I with several 
others went down to Henry Brandy's 
hoaae ; Brandy wss standing on the aid* 
of the road ; some of the party asked 
him to come along; he reftised, and eoow 
one said be ought to come, as he had see» 
the eorpss and knew where it lay. Ho 
denied having seen any woman there, 1 
asked him if 'm had Hot seen some of tbo 
rematna. Hs eaid h* had swn nothing 
Imt a parcel of old bones. He then areM 
with na to the place, and we found t!io 
raoitins. We fouad . a skutl, some ho«es^ 
ribs, (portions of a woman's elotbing^ and 
a cMld's bont and stocking, a hood and 
some old white dothas. The body had 
been covered orer with mo^s and bruab; 
the bruah appeared to have l>een cot off 
from the treea near b/ for the purpose— 
we found the places where it had been 
cut. 3y the appearanee of the boot, I 
sh<M think the child was a year dnd a 
halif" jjWifa. The clothes were torn and 
rcntenk j|||it>nld think the body had been 
there topiim hye months. The place 
where the 'remains were found was abOak 
forty or fifty yards from tha MNid«-alN»«l 



TunKMTfinb 



■U« iroti tlw Fiagtr 



bowd. 

«xot<» miMt (Colored), 
Bworn t Abo4t » weok ■ffo I wm piekfnf 
btrrioB on Blotberrr PUint, ntar Wit- 
low Orove, Bhek Rfror flo»d. M^rthn 
Ann TftomptoH fonnd • skull and lome 
bonn of • ptrton. 8one of thogirit 
c«lle4 out and I went over and looked at 
tbea. I took a <>t iek and turned th« tkfiH 
oveis and dif op horn the nose a ehild*a 
shoe and etnektnff. I taw a Berlin ean> 
tag and a lioop akirt. I tboogbt ftpm the 
appearanoB of tM dikhea tb*t tbejr iMre 
a woman^i, and fMtk the akoe ^nd tto«b« 
tot that tliey were t ohiht^* On gotny 
off the Plarta nifeelf and the othere 
(naminf then) eame to the conelttflott 
we would lajr nothing abont it. I #u 
not the irst to eav to the Thottpeob (trie 
and liM others noK to nenttoo it. Kn 
DonglM did nel aak oa on Monday 
moRiinff to |6 ami ahow htm the hody{ 
he aekM If %e aaw a dead body of a wo 
man. I ^klnot eay whether I dM or not ; 
none of those preernt laid whether tbey 
had or had not, Ni* *m < eame fbr me to 
go and ahow where it was ; if thev had I 
ahould have •■'>ne. I never to)d them ip 
abut up and not aay maything^ Jiont it 

SAMGBL WILLIAM WKNitT BRANDT (Col'd), 

aworn : [ waa en the Plaim last Tneiday 
week, with etherv, piekiag herriee. 
([Named eame partiea before mentioned.] 
Mttl^garet fane Thompson called me to 
oome to them, f6r tlief had ftinnd a 
woman. Isaiah GabMa and } etaitHI U aee 
whit ewe the miatten. Wltett we gel 
whnre the oihett weiw we fonnd the bone* 
x)f the Iread «f a wtmian. and sonM othev 
bon»s> h«sides some women's etwtllM, end 
« hoop akirt* We eaw seme hahr, bht did 
not mere it. Qeeif;e INgga poked <m 
from the moss b Nftte boot with a cMM^ 
etookiBR io it; It w«« weweret wfih a 
epmee bash. I saw wiMtng elae. \^e 
then went away aNHl |J|(rited herr<'9 some 
time and w«sflft *beme. We nit saidtoges 
ther that «h«n wen» ao few bonee that 
we had best not tell of it, Th« girU 
■ashed what we were going to oo, nnd I 
asked what eould we do i and said we 
hnd better net eay anything abont it. 1 
taw Mr, L^nglai en iMsday Bifeht at Ms* 
Tbompeen's bbuie. Heeebedif nhat he 
heard abpul ft wiflMui beiftgCennd 



tnas. Idi«M^sa*i^Wi«4 IdMash 
aak hfa» who toM htefc nor esoee fre» ev 
aeai^ner did I any he had heller g<i «M 
Mary Coiihyn. I lefcasd at trst tor gfr 
with the petty «s UiamiKfmwdnp f 
did not de«y hme m i esen anything. ^ 
Uonglas aaked miJt 1 bid seen it a 
and cMi^ aM I said iwv hat 1 eesv s« 
bonee. I waa maUnf npiairef aheeeal} 
the time and dMaStwant logo; Ithemh^ 
there was eamigh wtAst me. Thef ' 
meseed SM^tofe^ aai at Isaglh 1 we0il 
I didttOihear ef aay jjjaeh or eaningii 
havtaig been faaat iintB I ba»e faslm 
town. Thegahr •hUa amaaa levet eaea 
at Bliaa llbylera was Mary Baihage, and; 
ehe eassli te^ t**ni I saw her fn tew%, 
abeat two manAa aga. I kaew nothing 
about Haaiw Vaylee and his mother'a 
quarrelling abpat a while wsujspan stopping 
there. I qan aive no ^'thW reason fof,_ 
oot apeaking Moot what ' aaw. , 

The Coon then a4|otiru4d till Monday;^ 
next, at 2 o*otoek. 

MomvaT, B09t. ^, iMO. ; 
XtmnA i4i»B (C ^'jred), , 

sworn: 1 Kve at L^^h ^jnond. OiT 
Tuesday cH ^ttl fa« s funniffbt tb-mot^ 
row) iwas o4t pf^king harries hear the 
Blaok River Road, with several oti'i v 
Martha Thompson went a piece froip u«^ 

Sieklng herrivs. an4 then called us ovsr. ' 
laggie Thompson, Henry Brandv, Isaiai| 
Gabels, Susan Lane and myeelf went ove^ 
to her. We there eaw a heed, which we 
thought wsH a woaua^a headf and aemft 
boaei, which issmed to he rib heaea.> 
Wealwi saw a ohUd*a. b^ot with m e^ 
atap4^ ap «• ii« «*4 swthiv oig, 
looked like a wesasa'a ptt^oeat, and ^ 
akeletoa, or hspp -J^dH, and'plaeee of 
dr*as. QeojETf^ dj--, took • stick wmI 
*«n*«4 «^ the ehildVboet and seek. W« 
fOt .rigbtsned ind toU him to let it alone,*^ 
>Ve then eame awi^, nieked a few ber> 
riea and went hosM ; thia waa abont feer 
o'clock in the afternoon. When I weal 
home I told my father. He eaid we 
should have gone into tbe flist houee and 
told it. My tather went the same eveoing» 
and told a womai by the name of Mrs. 
Kennedy; she told my Aunt CiorlMrn. I 
went down to my mint's on the following 
Fridav, and ebe asked me if I hsd seen 
adasiibodyew^heVtaiaa. 1 said I had. 
Shi ssli I iholM hsifs |i«»ifl*»the trst ' 



7 



mEHSQOBnT' 



t ^ 



toM 



i9tK?Wmiia,j.tt^ 



t|m«M'tb«'waat «pfi*i Air told««M aad 
trtd|iIr$iNti#taft."r]|fr; DMitw CUB* 
ovwr tlii iiadw tirfMaoob to iifar. haafe 
ThoaipMm^i apd mired-for 6e«i»e Diggt* 
tatfMliid hiv if beteiiBMVvftid body 
or Ike RiJnt.tiHd ^M no/^^Attl^hb 

tlaif, ud iwrii wid nJO''! l.-Aoii't kncir 




tk'«i>tflMMt to iif)«liild^«tt ^miii 



'UOC. 



sworn 

Mout it, «z<!iept'lQatr^^|rd'jiQioe, pones 
and clothes had beenfpu'nd; nevei^h^aVd 
of a|)y brotwh iu: jft^elr^ ^"K found ; I 
do not know ojf «pjr'*hft^ wpn^ao having 
lij«i ^;:pxa; TajflfrV,; | ddn^t know, 

ih^t. 



! .¥??' ^ W© 0!^ gon^ td t|jav St«>!(M. i.m 
I^n} Uma l,naw h/« ipovrfelf wis blpftbevv. 



w^of JaaliBrKiie •taaing Itrc'^iaBt er^ 
told Samuel Peters or any other p^rMm 
snob a thingr;, PeteK»,«skad aae.if I bad 
ae«» fiwf>n$ti co<9i9g tff pFamef ^ Kane^a^ 
I to^ biio I b!94M^9fd 49#f report, but 
neyer WW a)9y>woiQi^«o|i|iiig tbeire* ai^d 
tlj^Xhad^ffMr, ^^,^y iww» b«t ^» 

k^t |t^i wqip»^<pf|»tn^4<» <^>ivjto 



vtto asiMQO'4ral.'/Y0n)lm9iii#lbe(»fii«ind^ Kani} and i«)|cvf vd s^ Pfif|ttgft.pf]rtifi<Mite( 
t|» day w fc«i«wthiMtb«M>B; "^ - ^^--^ .!-.*■_-:.-_»-:. .u_. .. _„ u:i » 

IXgM akiddip tikdHgte«tb«(ie 
llnrlwMent wmrmotmmlk 
•nythinf abdut 4ii< a W* ndl 
irith Mr.Do«gln«adidM>vibb»4lb plaaju 

Uad. ^ IiMiw.»ehfld;fi«afeoi Whm «^ 
■aw Ike chiMH boo»ii»ditiaehar»titotifl» 



m-v I- 



«' 'MMUSft 

i¥Mtti r I an^i ykfrt<Miif >Md Kve" alt'PhH- 
lajhi. > I %i\e# nbihtng iMdi ibfli Iffilf r 
wtita fsaftjWlaV «rtrtiti|f; '^/«W)Ut1i«y»ifi^ 
«go, Mifry XIM, «f 1ad{af«o#M^ ttf^f <Me 
that Jamee- JSttftel'Wm^'hM^^nM'ifftd' 
bro«ght^wb ehiUtwik #tt{t'^bei<> iNa^ t^ 
mme «o|Mbi^hM.broH(|^ithfeM<Wthe'«(^ 
tMlik tb<in a#«y agairt,M,tttey wdMI<rtl'<Jt 
reoeiire itbaawi % tbeyiiE i»u^69» Wat^ 
meant 4h« family. or ICana hiauM.f.. Kan* 
b«dia.«ri#t aodwis li?iaf at .Inrfifrntowni 
a« tbe,timeiV;It made oeosidbralyle^talk 
aiaoni^ th»tftiglib<Ms^ 1, beijrd tthk same, 
ffqm other pai|>Ui I du oo^: thukk iMary 
KaM was friendly towards th» fdmily the 
way she talaed to ne. lioldiKai* abunt 
iaand')i*:deniedit. ;tt lui: .>r;. ,/1mj!,! ij 
^3<i:t;«',-!!-'! ■ :. • i' 'nnc wm oJ ;r*roti fnf« 

8v:^inf rIU«e i» IndiMMwrn.: tAoitU 
kpMi of iiay ^MM|i'>pMgiirtiBi !« b« tte 



ft.npr *, (^i)^ fftmf ;to j^lifiu^ ■'^, 

tiutfk woOAM),baa!^oaia Ifpspijt^ 
tQ Jj^ts l^Aooy Wvf er fl)'* m^f^ >»Ut.1w*r 
what she wanted. „ It wa/itwp x^V^ 9gp. 
thw, summer. - 1^ hevejf ^^^w, U&fpn bejing 
bacj(,8inoe.: ,I.,d^'n^a|4rt.tp«se f* 'PW^a 
m*»^U «*d. »e»j^yVhSfkFil^a»e»,W ..)(^a 
'^n^ »)« aiyrt^Jing^.a^^t it. , .^^^ ,^ ^^ , 

ati^dhi : Ttfm a Itibibi^r di^MIM fii'tlie Par- 
ish'of ^onfand;' Abotnf ii year'ajr^ iMa 
'imkith t banned to tfointa Mary Kane's 
ai^l.wad! patting d^ wn tbs stFeef;. ^S>be 
ajik^ me i{ i bad^he^jkl^f neifaff I s«Ui 
•t,\Vhat ;n»Fftf<" ,« {^ replted i.Jaqies 
{(aoft'is w(f» fln4.c^U4|ep btnlcopAiJ^Vt 
t^et«vi9e|ia,^ 4<VII»h,>^io^ dfove dcHPfi 
te^^^Tipiiea «^aoi!i1Jiwd9()!l(^ ,T|^n J>df k^ 
sft9i»pad oM^,:lM)ocka4i*t; tjltftdftea,^ jign^ 
aetieduf ;j4i»e« Juioe Uvsfl.'tbere. jQM 
Mr* vFaiKs, c|»»f ,)(»rj^% 4ofi, Mkdi ip^ 
a^ ijaiir<)iN>«;i^;#ajcl,4)MtFv«pp^.|iot. |be 
Mr. KjaM.abe-iiAttUid. jtp im-^^i w«a 
yelling -Mr.. KM^t, vYpOngiKaae then 
ciine to the-rdonr^ an^ #b« fscogniaed 
himi bucbe did Dot.kB6W her. 'iben she 
lP0k a ebiki MUt at tiie coach and saidr 
" i{ )ou dWc luMMW n% dofL'A you k^ow 
yo^l* phil4 ^'" ^e dt'nied ka^wjnit either 
tii' ib^qa.v Sh.ii then vrd<)redtbo coaciiinan 
to driv^ her bac^ tp U»,t- hatel. ^sry 
r^aap did not tsU in^^.ps jia^ of lAe 

BitHn I f '-iina •» fMititer aad Uv^ in Vofto 
laaidi I #a» odiilng fro* BosUMi inrvl4'« 
OMith* Cgc^lMt AjR^wlieft a yMMg 



xfmmmt 



BfkejJ «« tf I h^, ««fi^,An|aiy..K«wi5», 
mfyf I Mkfti him «|)iit Jimfaj(^iM|? 
He J vd, Ji|^if|y,Aiuie. of. Jqaiany^p. , ^If 
told liina I (bpqtfiu hU v^ vUt »4r]^n|^: 
niih biR^ !jS»44,,fce. "iTj^MJ ,W(^fot|»W: 

muQb, and b9 tuld nie if ^,itfOtt}a,Me9 .**>*V( 
the I&dia<»'<o«btnl (m^dM ifre hflf . t.|.i4id 

8<kvft': i^ri««1ii'PbftlimB. Tw«i^tMrft^ 
tBii'ikr^ |iw«fteraifiiir)'oi»'ihbiliil^»I«^ 
cRatituiirn%l>tfi laid 'if ^nfttkM'^ro Alo»; 
A« i MfiM bfr<oibjNit«t% }^^iifikt§'9it*Wi' 
(tfcb old 9<i«»l«iliiih>l!iB^«r«'MttMi bfttM-l 
lAft th«rly. < .Ttm ottft«k'belnff il»<il^f i#oy f 
bti(rtoDt«4.i 'THoiif lieiMl #iM)lii U^< 
ittiw Mr] E(me'(tbtt l« Jimn^' *" Dtm^i 
ydli'knoW'y(faf il»ifli?'» "^Ht'Wtli Wkt»*«r 
n«>ihtn); Hboiit h)nr.' Itbe ili«il\a!i|,'''*Vob 
kwow your thfMrtn, then$>^ Hei saiH hfe 
knew notbififlf libbot Riiybfthein.' T(i«tT 
sbe'DsIted' A |)le(te -vf L<pdper otit^^rhtw 
pocket, and asked Mod if he ktwir ttiitP' 
I didQnot bear bii Mply. Inbittk it Wm 
Mr. Oreeb who. warib*coachiiiam f «air 
ilw «oman j she ap^pnttd to ^ a gviod^* 
l^okirg ironan aad nice-lookingf vblfdrctiV 
One of the children appeared; f(i< b« MlMuV 
five and the otbt^ t^q y^4r^,of ji^e. The 
wotpan's' hairj ^I think, vioji brown, and 
tttfnglo ^in^^lea. At diffaftAit Vilnea^diir-" 
iifi'^' the Winter, Wiiry'KnH^'iiiitiJd ibt^ 
ti'e thinfli td'"kd" liJ^V |''8a> 'ir^y'seif. 



Sb*''al^d tota hie'thWfiaa (6 pky mwt.' 
x^ah»« bbaW frthuiflj^.;' ;""*',,'*"';';|'' ., 

T^liMiadajr, 9^ iMK.,m^ ^'olo«kitijl|i *»hi- 
8iH)u«n6«or tli*'tvi*i«ii:e''«iiiifiBft W-dmy, 
tfatnes Kane ^4i plif(;«a 1>i{deV^iH¥i)i4i 'by { 
or^ec pt the ^tjl^prn^y -ujan^v^, .^rpjn.j 
iufofoiation reoeiv«d by^h^ .CaroD«r 00 ' 
Monday eTonin^; h«, ^eoompaftted by tSb | 
Cbkf of V\}\it«, m. ^CaiVin 'PoWert^ R. ! 

%: Worden. /ajhd^K^liii^XMfM t^^ 
place wbora (ho .raoAMa ^ece loundt on 
Taesday morning, aud from 4«vi9)opmttlita 
liifade the C<)lraA«r Wd^HKl> Hib ' ah^e#t of 
Mr. JoH^ Av'Wrmm«, A^hlttct 6f9e.' 
J^kn. fttid BdnyM6ft«d tlib |tn'vt6 ^eHba- 
W»dneie#^v i^ « i^' *!.''• :- '^^ " -'-' ^ 



f1i*OMrttf#aM«tl «t'9«'dbolr, itn4 W 
enpitl^eA&ii of th« deTel6)plAents' liDAdo 
y«8t9ijja(f| fipd td^ |ifr»sl of. Jpbo A. 
AXumtM,!! • great d«6l itf intwaat wM 
eTtmstfd b9 ib« |>iiMic, «t)d B» Moll ai ihe 
dobtai i»;^>e d]^8ed the Cobit- Hd^se traa' 
cTOfgd^i i^^Jl^ ipcptatoja* 1 Shbrt^jr J»p,er 
2. VQlt>«kH4obii Ai &Ihwc« aAdaJam^a 
KtM <#er« broa^t>'ialo Gbuvt, In eaoto • 
«tjbf Jfiflfbito^tj;;; ' Af^ei* ^(JneWiea (iftb* 

JrV' j>,j^ <>aoaiRT'.n 'WMlDBlf-, *' -l ' .bifln 
R<li>bi#. ^ I Wtbitflf foiQQ«ett'^ <7hut}ifr{ *Vh 
a eUftcfMiaii; «(iil«Kv(^at tk^l'^bffob Ffolr); 
Xfnrfefr'Sit^et. ''Afydtit ii7«a^i|(6Hbi>fal>.. 
Mf. JoMt'A. MttHToo isanJo to ih^^Wtbe 
stj^C abd want*d fco kiw># *haf I *obM 
ch'a^g* to dr'ira a ladjr td C'^lHtis* fef*or 
Bahtcrt'i.-Loch'Lnmond. TdHlhot cat^ 
about gei^>. IW*«fd, " !l^o ttiktH^r wbat' 
yod cftArge, H dort't omrii^ottt^bf *6.** ! 
thish td!<rillm it WodW be wo^h flvfe dol- 
U'ra: He »H^.t In 'tty eoAch.Vrtd srfid to 
trflVef' 'to IHe BrbnSwtck' rroQ.^fl. hear 
Heerffr' Poi^iSt, and t drot^ t!iefe. He 
tWerl'tdld t\\k tt> z6 Mfi %%k\\fi iind *rdiiHr0 
fot-h livat'by tW namiftW Mr*. Clark'.' 1 
wp«t iftf abd tb^ \vAf aald «he wottld be 
rgft'dy^b'i^tff. Wi# #k«* 'soott" ifbadf ,, a-id 
crime ddwn ■«*' ifbt W ibiB tf iac^l- She • 
rtrbdghV a «kad with ti«^.* "I fbfhk the 
diHff' «^A4 abOHt a yM)" old.- ' W* tb«n 
a^aftt^'fcrCiWnV, iix Lnch L*bm«»<td. We 
(t^d#(^ bh' h»buf tb^e^Qith)! or a mile 
{«^^jBT»hlier»^^ , and nirftld »6'tb« rl^ht hn 
tMBlaJflc Rivef ftb4r« We drd^e nhrtijf 
Ob thb B:ae^; Rft«^ lioHid^ ttb«*uf 4iatt or 
tftyei^ garters" of a flji'^., M¥., MJmro« 
tbw'iiaffj "tbty'^i^uld waib'tbd fMt «ff the 
w»dy, as Si was «ot' far oflf • I ttnpped rtod 
thVy grtoaf. He taid they #ere''f5oini? 
tp Mr. OoHibs'i He- tyW tn»» tb turn 
jibrtbt and S** bask trt B«itik«jrS. tr«t rby 
d^lb«»t afrtd fe«fl mr hor(»<»a, and th^y 
w.>tiW<ralk hack to Bunker'*. In nHont 
«n hour and*a b«H he, Mr». Clark and ih'» 
cblH (iiirne bai^ xxr Bunk<t'8. He told 
m» tbft^j^olki «rere not at home Mri. Ciii4i 
irMM^'iff itee, und sbo wonlJ h Vv^ to eoaie 
bit* ■«***" oiber day/ He th^n aaiit to 
Hitohfltp quick aYH #e woirtdgft) bortl«. 
1 i^t^d-fnA bilHbt my k<rr8e« 'and' din- 



rmmmwm:^ 



net, and #• vltrM fbr 8t. John. Han- 
roe mM or the WM in a«l to drivoto tie 
BruDsvick HoiMo, a* Mrt. Clark (U4 not 
like I he place, ant! h« iold me I might 
drive to my plaee f oho«e. I said I wouid 
drive thea to ICr. Lake**, Unim Hoielf 
<m Union Street, aa I aleppod there hij^ 
aelf* He aaid it would be \^4f for me 
to take her to the Ameiiean ho«too 
Thursdajr momingr. I drove to Mr. 
Laka'a and tcit Mra. ClaH( and ehiMihera. 
Muaroe told m» to drive to the BniM> 
viek Houae and get Mra, Gltfk'a tffuk 
and bring it to the Union Hotel. He re- 
mainedin the ooaeh Aa wo pasted alonji 
the head of Kmg Street Mr. Munree 
aaid, •• Fll get am here.^ So he got ont 
and ther» wm nothing aoreeajd.; i ^tof9 
to the Bnina wiok Movao and got Mca. 
Clark's tiuok nod bromght U up to the 
UoiuB Hotfl. I took the tmak «p to 
Mra. Clark'a room. I did not aee her 
afrain until the next time we went oat« 
wl^eh was op the foUewtng Saturday. 
On Saturday Mr. Monroe cama to me 
affsia en King &rcet. and onid he want- 
«d roe to go the aame route again Ha 
told me to be ready aomc time lietwean 
ten and elaven that morning, and he 
would meet mo at the Union Hotel. I 
wst ready and he wse there. I took Mra. 
Clark and child and Mr. Monroe and 
started for Collins'^ at Loch Lomund. WTe 
drove along about the same aa before on 
the Black River Boad, and near about 
the same place where we stopped the first 
time he told ma to stop again. He aaid« 
** We via walk from here, aa before.*' 
He told me to go and Caed my hc/faea f nd 

fat my dinner, and he wiwld soon he 
ack. So 1 let them out and went bach 
to Banker'si fed my horsee and got my 
dinner. In about an hour Mr. Munrpo 
cams. He aaid, " The folka are «t homo 
that the lady wi«hed to aee. 'f hey are 
going to bring her in in time for the boat 
ur. Monday morning.'' He paid kba hill 
fcir my dinner and iiorses at Bunker'isaud 
also paid me before leaving Bunker's. 
Hi then got in the ooach and we started 
for St. John. He told me before wo got 
into town I might leave him out on Prince 
William Street, as he bad some husioM* 
there. I left him on Friuee William 
S(r«st, and he told me to take Mra. 
Clark's trunk to the Amerieaa boat on 
<4oBdajF momiof, Wheg I wwt ^9\,\» 



•imortcMi fihat^litiiidht'ihoAg'^ 
•elMd main hail brought the tt^nk; t 
told l>«m I had not, but would bring ft 
next thno. I fotind it 'wtnU be out of 
my wsy to it:o Ibr it, and i sent another 
msn-«I think ft waa Daniel Hatfield, t 
liul not lietloe miymimte on the frunk» 
When I went baek io the American boat 
I ask^d Mt Manrae if thi tronk hsd 
come. He safd yes» I asked the mail 
wke brosffhtilie trunk how mtieh It «rit 
f»r bringing it down. He aaid Mir. Mttti>* 
roe had paid him* I Said Mr. Monroe 
pawl mo befsff . I did not see the tvusk 
oheekfdi end did«*bk«ow that k wott on 
bow4 - Meither did I aee Mra. Clnrk \ I 
ahmild bos* kbo«n hot if 1 hod eeen her* 
I Mked Muoroo if ehe Iwd eeem in. He 
said eho had. I never wae out to the 
plaee on the Blaek ftlirsrKosd before nor 
eiooo ontU yesterdey, whoil I taw the 
plaee a«d reeognlsed it srhefe I let Mra« 
Clark, Mr. Muaroe and ohild out of tho 
ooach* I asw the place whose t>»e remaioo 
were, found, end where I let them out of 
ttie ooaeh was not more than 40 or 60 feet 
from oppoatte it. Mrs. Clark's hair wss 
light. She was dreaaed in blaek. The 
hahrahown looks like ber's, hut I think it 
wsa a little lighter. I htve never seen 
Mrs. Clark since. Cannot reeogniKs any 
of the clothing. 

MRS. MASr ANN LOSDLtt 

awom. On Friday night or Saturday 
morning, October 23rd or 34ih, 1868, be' 
tween the houra of twelve and two 
o'clock, the American ateamer arrivedb 
A cabman came to our door-^Brunawiek 
House. Prinee William Street •— and 
wanted to tnow if I could aeeommodAto 
sotMO Ihdiee. I eaid yee> and be went^ 
badi to the sooch «»d opeeied the door» 
and brought in a womnn and child. Shf 
said her name was Mra. Clark. I asked 
the coaehmsn if thers were any more. 
He said no, and closed the door and drove 
ofE I went up staiiM to t^ ladle*' parlor. 
Mrs. Clark hsd the baby, and 1 went fof 
ward to aasist her in taking nff ita clothes* 
As I went to tske the obiTd it eomipeneed 
til cry. She said it was on aoeount of i»s 
father petting it so, mid it did not like 
to go to strangers. I naked her if aht 
travelled alonsi. She said no< I aaid to 
her, Where is your huabaad? She said 
h« bftd « let of ««A V9 IfOl |fl0r,^th«l 



n 



be- 
two 

widl 
tod 

odAM 
wtni 
door» 

8hf 
ftskiid 
morti 
(lr«v« 
parlor. 

(of- 
othefl* 
tenefld 
ofi*8 
tliha 
if »ht 
ud t» 

Mid 



hf WM M tfoMtMt;«Bd h«W««ldMt^ 
tbcwthat irtflM; that Im iBi|ir*>V be •iMra 
t<>*morMi« orinf|rMn0»t hut • K«iitlealsii 
wonM oall toi^Mrrw Md fct iMr ohaek* 
for her lugfvf e. I showed Iwr to^ a room 
and th* waiit to bed. I thM ««iit to injr 
own room, aod m 1 wm g(tbif( I paasad 
throogh «^ MMMi»*« room, ind iitao wked 
me bM i aay |NMtengef* Atrlvod' I an- 
swered 7«i, abd I want foa to keep a 
bricrbt look otit in ' the Mortoittff, for aho 
has got a ohHd, md' Iha#e no idea ot 
that belof left bete aetiwipe who one bo* 
fore. On (^mrday moMtog after break* 
fait, I Went toto the «oo« wboro Mra. 
C^ark wee ani aehedhet ^ebf ehe dU not 
waeb tkatbebOk 1 iHMik tW'tho kiiebew 
and eent ber a jfiieber of wader bf th» 
giri, and ebe hashed tbe ebikl. Mra^ 
Clark enqeired eevodl tieiee dermg tbe 
day if aoybodjr bad eeUed to eayifaw 
about her cheeU. Bbe wae told wo. At 
the dinner bwr a boy eaoie up and arid a 
gentleman waatod to aee ae in tliB ofRee 
aboBt tbrt woaaB*a latgage. I went 
down to the oSoe and eaw a geatleouin 
standing at the table. He eald it waa 
Mra. C ark he wanted to iffe, I sent a 
little girl to teh Mrs. Clark that there was 
a geatleMan in the office who eianud to 
see her, and I totd the girl not to let on 
that I bad seen him. In eauo oet of tbo 
office into tbo hall and thej talked theie ; 
after a while he weal away, and she 
oame up etalrs. iNwrfly alter her iuggago 
came: ft eoMBi»ied of one trualt with a 
smaller one ittsido. She leok eot of her 
frank* Ugbt blow dreeeabd bong It on in 
her room* I bed my eoepieieas r^;ardiog 
Mrs. Oliirk thai alt was aotriglie. Oa 
Saturday afkeraboft, my eo«^ said aha 
aaksd her If she cestW leave thoebiM wHh; 
us to bo cakca eon of while ebe wewtoni 
sboppiim. I fofteod, aad ahe did not «w 
oat. While ibe boardere wore taking 
their tea, the bell reagr. fht Hltlo girl 
cane up aad laM a gentleman wanted to 
see Mrs. Clark. I took the child from 
Mrs. Clark and she want down to see him. 
The ehild cried aad tbo motbei eame bsek 
and took it, aayiog, '^Yoa eroa* little 
thing." Shortly aflor Ibe man returned 
and rang the bull again, and wanted to aeo 
Alra. Clef kw (Dtu went daxm, aad after a 
few minataa remraed with a lot ot eaedyk 
George Murray, a bltle boy, who waa at 
my boaeor 4a«» tbt> aiaa wbo broafhl 



tbe candy, and Wd We name was Mna* 
roor Deriag 'the eeeniiqii; ebe was very 
uneaey, and said she expeeted her hoe- 
band. She went np to her room abonfi 
twel^. leatupfortbe Windsor boat* 
Aboat hslfpast two I saw a bright light 
in her room, I woke her up and told her 
to open the door, and a«ked h«^r why she 
left her lifht burning. She siid she w«>ht 
to sleep and forgot to pat it out. Tho 
blind of the window wan ap, and as I 
wen! to put It di>wn I aaw a nmn on tbe 
street opposite pass t»ioe. On 5>rnd^ 
in the afternoon I Aitked bar if she had 
ever hved in St. John. She said she had, 
aod hid bearded in Garleton •; that ahe 
was ttred going ibutid. ae her husband 
always took her with huni* On Monday 
mnrtllng a cmebman eirme for her— I 
tbtttk the Coachman was Wordan. He 
esme Op and asked fbr Mr*. Clark and 
chtTd. f asked him where he was going 
to take her. He snid to Loch Lomond, f 
asked the eoaehman who sent him fur 
Mrs. Clark. He-said Mr. John Munroe, 
and he is now in the ooiieh. I saw John 
Miinroe in Worden^s cosoh whf n Worden 
eame fbr Mrs. CIsrk and child. I went 
into ^ho ladies' parlor and aaid to Mrs. 
Clark, *^Loo1c here, that man in the eoseh 
is a married man, and if he is not the 
father ofthat child I am maeh mistaken ^ 
I told her ahe ahonid not come l>ack to 
my howaa again, bhe thea went down 
to the eoaeh, and in a few minutes came 
baek an4 naid her hill. She then went 
down again, got iato the eoaeb and drove 
awa^i I had a note wriUan and seat to 
John Mnhroe'a fatbet,and his fMher caoie 
down to my houae on Monday afteroooa. 
I toid Itim the cirettosaiaoeea. He said 
he thoeght it waa a aetvaat girl wh«» had 
Itved with hia aon. Tbe eoeebman. Wor- 
den, came haok In tbe afierooon for her 
trunk. I asked him where be had taken 
Mrs. Clark. He said to Ijooh Lomoad. 
I axked Kin> whei*e he had l«ft h«r now. 
He said at the Amerio»n Lodss. and that 
he wu to 10 for hor on Thursd'<y mnro- 
ing, as ahe waa frniftg away. Mrs Clark 
had on a (bin, black Coburg dress; her 
hair waa brown; aba wore a bla<skiah hat. 
The ohild'a bair reeembled that shuwn. 
I aboaid think Mra. Clark might heahoai 
24 years of age. ( cannot dOaoribj tbe 
ebild'e oiotbea. I gave her aoesa clothea 
iertWebttd. I ratafoife lb* feier oflbl 



xufriumaanr^ 



htyt Men ihMn }»^fwa mith Mr*. Ciatli. 
I M(^>(FiiiEalh« faaiKMbeiflif itoae mi in 
tba ityU in which iih9 wore it* I refipe- 
nJsAthe chtMVhftir ai; beiHir 9lf (he.«am« 
coiQjr as thAtof ibe«l)ii<i/.witb Mrj;.;Gl«rk, 
Mrt. Cliurk wore A/Wbit«vakirV4ViiJi «01t 
beoidtry at the buU«w.,oi..t(>.ab«Mitd 1.3. 
inohasdfej^; it w«a Ijk,* ^his' novntbown., 
1 /ftr lo ace a«y .nMr«,>«ftklft|i, aa ,tbo8« 
»%Qmo strike «te4(V/f9rMblyr,aii. beJfHnfri^ff 
tojber:. 1 bmve .^ev!er /i«#A oyt^bci»ffAAf<« 
Mri»iClark/»irice.-- ^.•.■ ( .,i;*,u(,;9 j,,.:.vi 

I,live at C9lU7;lle,,^jMk,%er ,^Md. a 

was at hoajf &Umq t^^,du|:\og ibj^ wj^iple, 
cJ ja«t ypjw: , (180^). , /, No woraitii a||Ml 
mild cai^ae to.our bopAe. dvL^rioff the, fa(|,^f , 
tbftt year.,. J|lo t^Qium by.tke name ,<^f 
. Clark baa been Ai^puriV'U'^' ^K.ioV'Pf 
uo,wi>ntMa or cbiiti btji)^ ro^iwsing in Jjur 
nuigbb9^^»ood.; Tiiere.cyyJJ be.np.pers^Qa' 
njn, i-'Ur , bpiise ^ifhont ipjjijTiQwipg \t\t 
ivAfl t,h(j Q^uy^,hou^Kkf«per' !»^. that t\a^!pt 
Tbpre IP no oiber faiuily by.imi pauie pjF 
Opi|i«s iivVijg in ,C"lli«>?v)lfe, Kp g«ntie,- 
qi^U with a WqQuaAt)^',p^i'f> c;^'^<^<^i Pyf 
hws* last fall; ;^ i^^^ ;^- l^^li^Rm"!! .. 

tfW(#it; I reoid* in CaTleictvfiani'»:dr^«a- 
ninker. (Pwn i)eMnragi> Una aiMMWerri) 
made tn^o (freamns fur Sarah Margaret' 
Vert'. One wan a blue cubiicg un iaMr«i 
? do not reneenRFber whi(^i<-^tb(? iteber.warti 
«tti (irai-gH liroarii ■ i aiao diAdel a bKie- 
Ifprey ii?)0«f»eof U^rwyiolbth. f^di wlair 
abertiy ati>>rim«ftb tlie*(h<esaea<- ItthWik 
1 WdtitU reeog«iatt:ithio aaoqaof iti «MsI 
trimmed <^ub two ttrifw^nf the ^Hitne mat 
torii) u|»on cbe sh««lder! wiihtbre* but* 
f&tn; tb« OMterUl abbwit istbaeoC vbioU 
I iDade (he aicqiie; and 1 d«. nf>t heidtate 
to aay to ; tb«.buttoha «boirn aire not ttiii 
bettenft-^thvy wwralarireBi Ibavu ni«i;i1 
seen Miaa Vail ainea^ ttmado lUa aaoqwio 
for h«r. I b««(rd th<it she bad a obiid. 
The cttild^d dieaa ahown it.iw |Mircnf the: 
materiHl of \rhtoh I made hvfi.dreaaea. il 
have aren her «iuc« she had the baba, tDd 
tba t WHS on the atrreti Tb« • bouom of 
Ike sacque' VM boUoU vith.blaek braid ; 
the braid sbbwuisfsueb as that Wiib>«hi4b 
it «ra<t bviMd-. I know hevtoetii, botf 
•beiHd tit iifee u i \p9k at !!«* -re^dioaw 



I ^itthi I umfh»r hatfii muh wADk, is. imr 
h«nd;>a»< the|; tb^^q ,op an § labmideied 
skirl, libpvfbt iia«vM4l!)P( tbet *<(|D«' 
pellMrn fr#ii iier^ I biiven|i»t>gi»t<^^ii ftow^' 
and l^av» fnttuiC> '9h8t->|R«kf; bbforo I 
tuado the deesMSi or sabque* I< have nem^a 
her with UMiivweik jon^er drA<«ere. 1 
hATi^aeeBl blMrTwe»ri«g»A-:wbite tiaderskirt- 
—ititas weaked el l^bMltoiii shout « 
foovbeoieid. Vite iM^t|nftdb:8tt«r>ber ebu' 
wore • Miifilc;^ttit-lMlkiQk U iiLMh atraWnt 
I da- dftt'vecA^leetl bon it mt» «riiD«ied«; 
I-bivenol'b«aid«to3Nibttif front ^tt ailnoe 
laet t'aU, < «1ie«t> «be >eo Id iMC :)M:oi^t} to 
Sdr. i'Littkbaiiv >ifi Oar)«toni<! (r Heard' 
UMferfbb wtNi^dMrayi'tb^tlM fiitttf» >Sbe 
had broi(r»iiair>-i! 4iiiilk j4iM i shdwil'i*. 
herb«iir;>dbe/alira9riworeat )»aided<. bet 
hind when. I-smM ifaeh^ hti«t «i)»per, front > 
teeth rwste !» Kttkildngw then the i>th«»n» 
n*d;cm»Ia}«pad ilfer Hw Qthei!« verv Htf' 
ttei I d« toot want tdeee ti>e bee4. [The 
: akdll 4vks coveped with iiiif 'hamlkerdrauf 
except the tenth* and, w<em -ebe^u to 
hstv}* Thoae tietb leok : eery mUoh Uke 
harsveK]Maojaily' that one tb4t projeeted a < 
ltui« ia treat* ' i .-.i..,:, -..k i... tj.jip.uj/ 



'•1 



i^: 






ewoHiJ* Xrb«k>ng>t<ftfai»<cit)r; ^d^^rk- 
sw noarwi lic^njreQoliebt. dime to luy 
honae, Uaion Uetelj[ ahent the lattjer pare ; 
of *Oetqfbe«. ihek.-^' fUheiiiaiB* on Men-) 
day^ i!«ind eaid 4b«rrwsiitfd:.4<» atev tUi^ 
'i;b«Dii(l^yrnlt)rfiito«r{i«ltM:$8be(Woul4 iear« 
in -tAev ilntedcen hnaitferi>lloetQp. Ou 
Wednesday ;iif(ber«ean nbettbhiimo tbtvt 
Mr.!(^ltii^nialdidfn«ifc> Wm4>' hM^tO .^-it^ 
bioston^ianiiJfthe |iiaty«| ibe Iweek. oBkua 
aaid Mci;Moa«'<e wattieonrie^iiliereK^ 
take hnrtOttlKdeiyifirk . ;&)»•! &«luBda|^ f*A^ 
IdWiniM betwtopn dcti land :)Jki4>** lock* Ale 
'raeeMBtr Wefdeb^ MaAlb«i«ir^^<«aa»e.; .1 
aaw,(bt)if tentsttinntfia JNfore tt^ Qoaoh 
ea«ie.n Skeiwen^rtendlngkbr tbetMndow* 
and said iba was t||)aiAtnf fdr Mr» MuBMtIr 
tocoflfie oad take her pntidriviintf. . There 
eMB anotbjcr lady with her. ■•. fibonly;efter 
I r«Ciiftte(i to.-thn room-^Mr^* Ciark had 
none. .I«alt<rdtbelady if lif rflk Glnrii wae 
ooining hack. < She. ^replit'd thai Mr«.. 
Cki'k,ftaid!«*be waa^ommgibaok. Mr**. 
Ulank wbtitftit, «qiy boMiextalkedt a I^Qodi 
deal itbdnt itWMnMoey* 'filM waft tirisitedi 
by: a man abo-'aiid'waa Mr. Munroei a I 
saw tbe man nMOB^bat abpnld lAlt reeog- 
•ii^'i'im a^iai(;(£bt,<aak&.Hr,. Miitiroe 



THKOBtDnr. 



•«» 



ni4 iht U^lMtttr'tta»fr«'M th<^Thiii«- 

snirtD.; >' SUetltold '■afe' tlMi^'lMcirihoiii^ 
abaux <$M0) '^pimptiily left lMr> : by iixff . !• 
tbsri iMrt'ittmA ^od*; - i««i)Md iMr* wfa«t 
bad bocoiiM a(p'hkriiiofitvi'i'«b« uiidlivr 
husbAni igiiita ^4! didt not 4dtto«r^ «iiho#^r 
:Htf«bBnd wtk<*, -'« 8ho «8M iT. he !«iMild^<ni0)r 
.'fH^f^ bfer bteki heii aonfjr «lM<iwboM te 
ft!i rifbt. ^jMil«liwi|(b'«h)i:Kcidl»A kft$iA( 
Un. dirk Ii»ihr«r«oifp4Mnl MistfiWB* h«r 
MMMVi Sue >)uid> dirk^Hirbwi MiM-ibst 
•faaxrbli lik» it| «tt it la«»lki •ilttl«t|l|i:lit'. 
•rjj 'Tbvchtfl hMl!ii(tefliniMbiif^abon 
Tatid titfMitt^^Mfliifl -Wis bflMvht tk^ 

bdoM. i^l^halfAhtMiittlieMmtfebWvr 
«biMtr wr«Mi 4M Uiltiiii «A tha^ehUd^ 
iiMUi. ' ' >Mf*.O)BVkt«rfi^^04<ed i« bUcN. 
• black- 46bvrjf'-idHik-^ba' 'CMiiterfBhWB 
po6t ii(4'qifall^.t:': Wbila! ataay beme ihe 
bdught knew •fciftu-iP'wnbltM' gray Ai 
tha t^jy' v^iUured-'aibaitd tkb boctom. 
*Pkat alii^(«w kntfimr* -tim daacrifMi«»of 
4lia( «b« bot/ght, And whieb aha put oa Ike 
JBatarday iBornin^'beforb «he telt. 8h« 
'b6affbt«i bewamrtafrV I^^aavt deacnbe 
tho cfAik.' On* Bertfa aontagriBbown I 
reengniM aji'4h*t wtnra byithe ebUd;' She 
bought it ^tla at mt -faouaavi -it ^ant 
orar tbe'tbo«^d«a aa^ Uedbabind^ fibe 
seirad thoilstrinfa oiritwbilrtatnayhooM. 
The cbiid wore # dnbi tjobiirf dwmt had 
twtf drestea OB 'w^hil■ «t osy konm i^ that 
^aho#n it a« likeiww afttbam aa onedreas 
•iBAfl be Hfct ftiMthiii.'^ 'Bblh i^raaiea.were 
iallka kiaolor, bat 6aa bad twv frilla, Ibe 
otbaV4M,«t ^«r boMooa; thla bae taro 
^la ; <l i(fii#<nMlino«r !irbleb«'Bbe« bad on 
the ohild whan ahd'JMU Sbai al«* bovgbt 
ernew irtt«ietioi^7'«oriMthl«^-BerHB tor^at 
^oii tbe>Qbiid%'bdinli4>4do>a6tii»oiDlleat tho 
ook)r«aM(i« ^dlr oi^bittnograyModdaga with. 
■wUtw tkipi!^tm tfMtiinf^akoi^ is as near 
»<in> Mlatjoiid <|inifitf ^aa^ oa»b« to'tboae 
Mrs. iOtatle biOiqybvr to aii^ bdtaa and 
'aho«ell»iroa;'<iTh#-iiblld irar»'« pmk 
tier ifhiah tmtlbiMd r«iid'tb»ii«ck 'f that 
abD«« la4Mtvtha bi^ icn^ove;. • I aairber 
•4ninkt ^t waa luge «^iib a ana ail om io- 
Mt;« «<<ib(Hiba ^so^bad iA Jitt»e bbek 
Iv <lis«i > T Mifir «a«ie,oe tha tWngte in her 
«rank< <4Bh« }^ti bbM-tfraasin ii anda 
parasol : I saw do otherdtMM«i|ii< A man 
came on Manda]r> mMoiair and atid 
Mr. < Wordae bMid ii|» f«r Mrs. Olaak'a 
tvonlt. Ua g^t«bctnnk»J-4bavewe«ajCVa 



•tf^oii* 4aa||ld«lw'olWnM*inKd'« «attf»ir dStr 
'bMrd wtsjpitblian Widaasdatj^up toi^ac- 
urdaf-i-«fi Aiaa fMtiilto'>M''-'<lAbe. '> IHtave 
^notd^era Mra;><>iaHc ainoec^iit 8a4uvda/ 
imoahihfr.^abdui 10^^eloeic.^.' tihatwi^aetB 
*biaick braoohi tNiiiib<)aardry.'- I do^nvt 
kmoir wbar «B«a fch« sraimitbar ohHd 9 it 
waiiBboiit tOi'caonthl (4di Ivbauld tfautk. 
It'asald'aoaapaik^tbul wo«>ld»«ta»dfor a 
}aMMBeBti:baaidia^-i <«libfr-*4l.< eat ontlfe 
Aaion ^Fhq' vsbite abirt aba) wore ktfdmt 
:rin bOBffbfc.'tbaiifraf andrefl onaJaatfa 
f;«io4 daal*<if •roobetad''hia«riion. Mit; 
Claitk jbadi aftleniid Tdw^af taaik. 8n« 
italka4Kabe«tt!.l%. MMnrBa« great' dakl 
«»biiariat twttmwtff.-.'BtM aaidbe-tedtbiB 
flare ofr?b«r<arMle-ab«)%aBlin the city; 1 ^-I 
naMMar^rVBMBnbM tb* 'woflda aba laaid. 
iSbalasblraiiv'^fSipcbied to •oftie oaok An 
to do i^tf baaa ob Mondagp maraiag. fibe 
.iraff# a i^Doadi '^**b taal) b«t«i cannot '^dl*- 

:•,.,:(.<*> ►v.K'i- ifi'^i --»■#,"»■.•-: ' Ml ', i, 1: .HtBfi 
•au^ra- 4 vaaidiein.CarlelOQ; am n.ahip- 
«fi;igh4.; , On, t,he &ib 'Ofi Qotoher, 1308, I 
was 0f4i«d to ti^B >h^tt|fl| . f^t ] MUft Vi|^ lk> 
^knqtvle^ga a, A^^d' I, ia<^ thi^rs, apf] 
fHVKr.b^r pijih lAfp . other (aoMfJe^. . Af|er^ 
had < baea. i^re.aooiit twenty miy^tjia, 
'Mr* John Q.^Ifittieh^e* vbo h^d pufn 
AhA#^ kqd froqi^hnr. ci^in» tbere^^d>a 
da^d was «Xftcnted« Ml<<iLittiahaIe paid 
.u;e, .tjlie ppney. I p<^ritad.i( tout and 
hKn4f4,i( IP «iia Yai|--it ww ^^OQ. 
Sihe tpokrtlik9;QQn#yffind,i>ut it in bar bo- 
fl^K^i, Sb#,^{)«9, got A, Aqedle and thravd 
HodpfiFa^.i' «a.v , SIhaaMd th« w#8 gping 
to>(h4i,ynita4<#tf|)B8. , l^%4 writtaa vl»e 
.dea4rpirey|UMi|^%^.s^#,4ii«n,paia me for 
doing 80 and acknowledged it, ,; 1 .l^^ire 
not seen an];tMog«*i9f ^b/M ""ce. Her 
Aspe, inAs,:^a|>.alt;^ Margi^i^^, 1 Sh^, 4»ad 
d^rk . baiftrU M>c^«(l .^Mii^r ,tb«n tbat 
^Hhown. s6jie'.i)ad,a«ahikl,{. it, was fiv« or 
si^ months old I sboqld (hink; i^ haci 
li(;ht flazeabairnrit, .^14 apRp^aiUing JLl^e 
sojpv sh^iwii,,..,, ynjiMrtiA no' SAW )1 ietitif 

sworn, nl waa acJBt ^ profession aUf on 

the ^tkiFebruarf, 1668.. Iwsat to Miss 

VaiiV beasa in CiirlaiiMa. i. IVhila J ws 

tbeve sbtf waa ooaAeed of a^fiaaaieebad. 

ffiha told OM tho latbai/ waa Mn John 

iMaatea, that eitftiilaQtu ^TbeohiM bad 

1 vbel^ ia eatlad 1MB BKbiliMd harMa. I 



14 



noBjm^iMr. 



upon itt utf M tlw nfmriatt fwiMdy I 
•raered • ttntnitg Mbt c«c ki !«•< to 
••V half of it tnto • Hitif iiooiMt and bind 
it •Hfiinst th« atomteh. I cIiowmI how I 
wnt4fd it dona, and ImImk I l«ft siio met 
for tJte BOttiMV for tlio p u f mm . I «k# 
tho child MM* flHr daft «fti4 Md it>lMNl 
V tho bMdago on. Ttet «•• tome tiaw in 
Mureii. i- •»« ICii« VmImi th« tttwc 
•litrward, h«t I did not qtMition iMr 
•boat it. .' netar aftv tli* piaea af la*d 
abotrn. It i» about a yaar tiaaa I law 
bar. fitr «i«|«r told am dia bad |r«oa to 
4h# Btat^ ivhb lir. Viinvaa; aba bad 
told aaa on ia f>ro«ioaa .oo o aaao w iliatabe 
liad gone to tiia 8tat<« rHh Mm. Tba 
bdadng* ptiioo tba «iiild vaa al e a— i o n 
oitttoa. Min VaU'a bair w»a tjm^ <iarit ; 
aha aiwaya uatd a larga qaaality of > oil ; 
aha feneraUy «or* it jmuid at tba baab. 
She UM<\ to paaa my housa avaiy dar or 
two. The hair nhowa la very murh libe 
h^ra. I liid not receive an j eoinpanaatton 
for rny tervlnei. Har teeth Werb v^ 
good — there U nMbing aboat tba laeth 
ahown ib&t I paniealariy reooghtse. I 
freqtiuntly apoie tobar aiaier about bee 
and three monthi ago ahe told 'n<e ahe 
had eonie back from the Statet, add that 
Mr. Monroe bad hid her aw«y in Siiint 
Johhjiome«hMra. and aaid *» I'll find bar 
if ahe is to be found.'* That vne tba day 
before she went ta Halifax. Tba;; aiater*a 
name waa Oreah She lafd ahe #a« oeHain 
ahe had not |tona hv6k to tha StiMea, but 
Mr.Munroe bad got hefhfd away. 8heba« 
a niHiiber of ralnHvaa liriarg in Garieton. 
Ona aiater lf«ea oloaa by Irhera aha did, 
hot they had ttotapdiott-to aMb other for 
lometime. ■■-■.■)-■»»» 'mj^u ■ 

' •■> - WfLU«M £4Vt, 

^^NMMlhl' I retida in 8t. J««in, bnd keep 
fba Union Hnlek. 6n ^nfion Straet. On 
or about tha 3dth Oetobar, 18G8, a lady 
and ahild ^ma to my bobae in the afker- 
noa«i mahrtng ffmlioation lor boird. I 
think it waa on Monday when tUn eame. 
I did n<it like Iter l^pkfi an4 objected to 
beeping her. aayi^g 1 waa full. My wiie 
oanna from anotbiair dapartmint in the 
homae, and aaidtbera wn« a roam vaaant 
and abe eonld baaa that. My wife aba#- 
ed bar npaunra to bar room. On W«d> 
naaday aha paid m« for Imd board from 
tba tSma aba tenuatill Tfaaraday momiig, 
daytaf abe iraiigaiag«ari9 te tha Am iwi 



OM bbal. BMartM tba tiiia af Ur pay- 
ing bar baaed and night *> gnnttenwa 
aaoaa and anouifad far a lady by the name 
af Mm. Clark. I did not knew who ha 
waa whan ha aadia in. I toM Mm there 
waa a woman who want by tba name of 
Mra. GlaHi: there, hating a abiM with her. 
Ha aahad ma if ba ooald aen bar; I than 
abawad h4m ip ta her ra«HM. trapped 
at her dooi « afqda|^ ' ^baifa waa a feotia- 
nana who ariibad to aaa bar* fSha aama 
out in tba tetiray^ l)etwa#n two roama* 
andinet Mm tbaaa. Xbayatond^dnieoii* 
iramed for • law miMtaai thi gactlemM 
iban nnoaa !to Ma aiii bdiad mar what I 
wattid aMtfe to heap! Iha 4bdy miti^ Mat- 
•rday» aa aba waa.*lh«o g«bg la tba 
aonntiy. I toM<«biaii the «taige nod im 
paid ma. OndUlnfdaT<4he.l«K my bonne 
batwaan lOtAOd 11 a^aiook in tb-« DWira- 
ing. in a eoaah dvivan by B. T^ Wbrden. 
I did n^ ^tbfw any ana eke in tha 
ooaob. She toob tba cbdd with bar, 
isttfing her luggnga behind nnlil Monday. 
Attar tba ganttenum left on Wa^nnaday I 
aaked bar who ba waa, and abe told me 
hie name waa MrJ Monroe ; and from that 
time te tha praaent I never aaw Mr. M n- 
roa. unlaaa thaiia ha aittiog there, jd 
ha looka like tba gentlamati who paid oaa 
tha board bilL i Imva ina doubt but that 
iabe [poiating him am}. Mra, Ciark'a 
tmnka were dnvea away from my plaea 
on Monday maraing by a man whv drove 
an expnMa wagon, and 1 think il waa 
yornig Daniel U^itfield, on Uniob Sirem. 
When Mm. Ckrk left my banaa aSa bad 
on a blade draaa. and a atraw bai* b«» I 
aan^t aaf wbatber it Waa ligteor dai^. 
Har bair wna a daiMab brawny abont the 
aaaaa aa tHatabowa^ wbtoh latnina ita 
aoier. I bare not iiaaiid aoftbiag of bar 
amea abe lalt aay boa^ i did aot bear 
where tb^ wer« fniag wban tbe|r «ant 
aw«y% 1 eaaaot laaattaet any partMolara 
aboat aba dteasea wofOvaolaaa it i« that 
dm cinld wara a drab tfreaa, bat I do net 
know whnt it bad ea when tki»y left. 
l^at ahawn ia Ukm it« bat aaaiewhat die- 
eolered. Tba Uttla Mroa it wore waa 
piah, with trimming of a diifaiaM aelar 
around tha bordar, lihw that nhown. I 
Dever aaw bar Wear a wMab at any Jewel- 
af'Of. any Iliad. 
':> !>, uMm.u%jaamt 
o#aniL Iwaa aa«|«aiated wi<ii Mbrgarat 
VaiL I aaed tenanabtt bab^. I aaml 



The 

Fridgy, 



THfOraUlflT. 



15 



Ind 
I 

tlie 

iu 

bar 

lw»r 

IgMt 

ilftf* 
tt«i 

MR* 
di«- 

Mler 
I 
Uirel' 



to wny tt «■! UmI MMMt aWat Uii« 
ttefl^ I aMi (o drtM ili« Ubf . I iMvt 
ohf n pint On 11U Ua4»K* c tUra vm • 
l{tU*. rQHni hafd lamp i» It abont ao larca 
[dfioribuitf abaift tba atoa aC a half dat- 
lu\. i tuittk h «HM tbaraio kaap its Ih- 
tla Mlf faif*thara waa a kMip tiMra. 
No one Uitoil «M MiM Viril whan I iaa« 
thara btH wyaalC* A y¥Uk$ mm aaad to 
aama bfe^ And tarar a ria tbaaa; tatbc 
beat of my knovladga thara ba.iai [foivtr 
*W ^«t Mr. M»ww» *••!» t^f ^"f d i» 
the Cottrl Roopl. Tba lun, tioM I aw 
Miaa Vhii i«ai iboot ayaar aio. Bbe waa 
taM» iaMfoyiMioiia liowM, ftbd aaid alia 
waa gaing to BaiiMi. Mk0 bad oa * 
blaok drtaa aad aa etnbroidarad pattieoat, 
a waokll ielaib #liitar a«eqaa, light browo, 
a black atrfiw ba* wiMi iaivara on tbalafi 
aUa., Tba ahM luad to wear » bai* 
brawo dpaap wUb aian of fuUUi^^ round 
tba bmtooi^ XI>t«M abofwn,] TlMtia 
the babjr'a draaa } aba pnt tbait urata npon 
tba babjr wbao aba waa foiag away. I 
an cura that ia tba baby'a daeaa. I 
itayad ^itb bar tiU aha Mt. Hat batr 
WM Ugbt bvawn fbair ab^wa] ; tbat k 
bar hair to tba baat Of my knowledgai 
aba wor# It pUltad np in a aort of water- 
fill. Har dira«ai^ warn anbrbldarad 
[artiela 'abodrnj ; tbat it aomatbinf li^a 
tbit wotk. Baby wora a*|pair of kid booU. 
liiia Vai^ WorakQngatriog with a lump on 
^ba biok. She woro a bl^ bcooob->tha 
brooch wi^i a pin aba wpro ia,ber aaaqna. 
The child wora no baadi aroavd if a«^. 
lliM Vatl> draaa bad blaek buttoaa apon 
it [bMto«» abawol { tboao «M tba vary 
bnuoaa aba wara npon km garibaldi op 
tba f^ontt-4ba gatiibaldl «wa blnok, tba 
tba jaoM «a bar draaa. CB»t>y*a b«at 
ahoara.] Tba» ia aatuathiog Hka tba boot 
baby nrota^ Tbe eliild'a atoekings bad a 
atripa to tha« [abown] ; tbat ia aotaadtbing 
Itbe tbaai. lia tiat wai wUta with a 
livtla red braid round it. Tba child. «aa 
t girl t it irdra no Jaokat. . b«t bad wftmf 
thing lika a abawl. Miaa Vail had a 
gaod aat e{ f|N|br IM Wt lipffK ,«b^a 
abaianoar. . , ,„i' 

Tba ttiq\km iraa tban ad^oamad till 
Friday, at t o'clock. 



tont IlMPiiknovn ^ 
abildaisTaaiaor affO 
about ayaar ago. I 
aaatog baa ovary day. 
waab vafc 



fftiDATt Sept. 93f 
LOtrxsA tus» 
aworn, I )tia .A« Carlanm. I ^aair 
Sacab Mai«aMt Vfil-^ Uvad U CMla<. 



waa a 
•bo la* Oartoiom 
in tba babit of 
I aaw bar aboat a. 
fora abo' laft Cbrletoik Sba told 
ma aba waa going to aell bar p*«perty. 
h«t aba did not know what aba waa going 
lado. IbadcoaMcooTanMUlon with bar 
ia bar owA bona* paaviotta totbiain rafar- 
anea to bar ohildk Sba aailad ma iati» 
tbn boMae, fold Ma aoaatbiiig aiUd har 
hi^y«.aMl wa«lidt»ahowll |o aaa. ftka 
aadraaii«d tbo babf-*l aiaaiaad it aad 
told bar it W4i fMAtwrad« She aaked 
what aba ahdOU dd%? H. I tuld bar aha 
wmM tab* »pteda nTkrad a«d aaw It io«t> 
tba bandagay whiab abdUl aarva aa a 
tfnai. TbaNf naa notbiiMg of tb« kind on 
tt at tbtt t(«M. She told Ike ab« bad » 
laadao MlHat ^t waaeahi fot« gun. and 
aaked na 1^ fhii ^outd do. 1 aaid it 
wonld. ttpld bet aba aootd p«mod it till 
it #•* ||<»ci<^i»a4. and than i^a oould naako 
holtfa tbroc^h it witb anafrl, aaw it lo 
tba bandaga aa4 oofaw Ji w^tb a pieea of 
oiotb. She told «a aba would fls it, but 
I did notauy to aaa. £Piaca of lead 
a||ofia.i That would bo aboat what rt« 
would prepora fnina wbaa I told har. 
Sba Mta not vary tallf of a tary light 
oomplaKioa, Middling aboii. Har hair 
arae a Very pretty brown, bat#a«a a dark 
brbwn ^nd a light. She nlwaya wore it 
in a latge haaty braid behind. She had 
a beary bmd of hair. It waa if) a fl«t 
braid, boi in the iiyle of a waterfall. 
{tUdr ahown.] It ia very dirty lookinfr* 
but looka Ukaiba hiit^ That ia thi way 
abga wore tba braid. . X, think it ia bar 
b»iir. flbo* waa waaurtng aaaurning for 
bai father* I aaw har by tba A«flam 
about a weak before ahe Mt Oarle«on, 
and abe bad e» a Uaek dreea. 1 cannot 
recollect tba reet ef ber elotbiag, hot I 
thMk hat aae^ue waa not Week. Her bat 
arae a diraw baK,trittand with aema kind 
of light uiatariri, either erape or illu^n. 
fPoriktn of bkt abown ] Tnia trimming 
18 this HkabM^*, hat I cannot identify it. 
I bkva deem her worked anderakirc many 
tltbea-^he #arb^ it heraelf [work 
aboirnlj I do net raoolletA aiwut the pat- 
tern* I do not raeoMea^bow iba child 
waa dtaaaad— ( aaw bar in a rad>4reaa in 
Apni; that waiihe laai tiai<t I aaw tbe 
baby. Met uaek, Jaeob VaU, told me 
aeuM time in the fall, ea tba l^iny beat, 



«. 



THXniWViT. 



I -i: 



' t 






■ \ 



Uti 



<l$ 



that! lie MI{«Md«tlM'««ikl> tlw 'MotiiM 
tiM- niBi|0|f >kMi|ot toy blsr pl«tfe/«itfitt« 
iwdiilil.gMM'it •ii#dhe wMld tMWfudm> 

.Kftifmttd ttmt^OBilK^^Frtdr Brittainii jHw 
.flgipr«fMq)an,'%r<>u9bt>t)«r o««r uyih««tt^ 
liwriinde litrclitifOiirklbii^M Hkiwiir *M 
faad<«lee i«4i4M»«T«njt«elli; toi»eideo«?*4 

<iiiODtb» oMi#iieii:'I'' 8a#itf it>llad vary 
iUgbkkUr ((uiirtiMii»nv«tbii t».i»«rf nii|t» 
tlMcotevof lk«'<oliiM7iH«irA !i:<lo.!'iNk 
in«oUeetlMi^havliif^ftti9rj(t!#eUy$ ' i !>■ 

swortiw <I tMidb in (Jwlalnat IJmeMithe 





'rttaW 







A 



%ftB bl«<«i{ilf >>ii b4i^9.d; W^^^ 'ftrjick 



. ., Jltpl 

Mrfli« kU(» 8«r(n« rfbftttM^tifh Tl^iMk Mrs. 

lliportion «i bat stwwrr}' tllair i^'Ctad kind 
■:^ sUilw, '(M« kkid>iot Mlustdn, aflAthe 
.Uitd Df. ribl)a»tt^h» rUtbralD^k^ wh«t 
«J^^d4n>«hft dhop Uttha tkne^aa*<i thkik 

I tiaM«ii|oia(M)f Jt |«(i «n<i tliiiiQMMM aud 
^pp^rs «r# i^ »Mafii ^ 1 iMd. Xk&<bat 
.]tv,as J^un-Ap^ajr (>n a Saturday, .^yeoiog ■ 
<>'.M^8 ▼ a^ ;capif iq A»d a«k«uf bu"t v^ 

mkklhg, a' tuD^j's turbai^ for bei; ,ba^^. 

l)Q,t ihe'sud^he could get It cheapi^irac 

kliS^ri^^ <ip iiot 6{^«|f;i^ : 

'Ii4(*rti^ l^'i^isi^e Mi Cai»l«otrJ "am'' a 
^tt^iittorr'WMs M^^Mintetl %ith Var^i^t 
<'¥«9>Ad0V^ lifeai*tt< Ii«r dkllea >f k«y 

;ottnBirt road^i a^ iitkl»< <ni<: t^«fl tin letty 

;bMilidB|,<^«»Uapi abeiHik ^S.OflO ' t«i»r. I 

: ^v« iknowa. lyec Biae» IdfifB^ii k»vft kMin 

[;«l.^lu9 bo»9p. a«?jwal tia»68 i ig|ie« liirad 

vyijtb >er feld|»jjrr ,t:ke JaatJtWP^ i s*" 

,Ue|cnra«i lAQfS«pt<»mb$r.4a8t yi«ari she 

Vai;>tAqdJLni|r in thja, Borck, Md li^xcas 

atandtlttg QUWicle. SpOi|d no areisiB op, 

^Dbc a jumper ^pa < brtttpoat. Her h«^r 

'trafft^bi'bwB; Ebre.u^mTt^) trear it put bp 

ItJi a'rtit V I \^^t ndthitBd It pat tib !<» a 

tfraid t tA^hatf fifkbilrh is a ^ade dkfk^t 

thimb^fti i!ha¥6 i€iei^tG^nitrffl)^t^ut 

d^eswB ;> I hav4«seeiilar wear % spotted 

' momraliuir fiFoekfmtid hwftf sM#Uer> W<ter 

abrmmioiMhtt a« .tin) edi in ^^mti wwie 



«Wo^^. 'AM'a'Heifctt^t^wiirMdriiHif. 

lOr' iriitik»f W6NeH> %t>ra"«QWi!i» W'tio 
L«3i^»lbrt^traftk, kfitMKM'tiMtid^Mr 
wil0thee'Litol>ki40itai4he>iAitfl0Hoaa 6dMc 
aBiO'thf«arf8» iMi'trf«d[i«tiii>er>wllenitc 
iK«B.in#r.'Wllkk^qMM #ilar;li«ldk'0' kao«r 
WtlP^ J^4il»,ilM A9ytbl|l0 {■JkOUtiikt i t 

Tba C<Mutl ad^oraeii tiiiMoMij acoe, 

ll^ g^A^ III, till *iTf»llZ fJil^^lWC'X^^ -.fH* !0 J«'>t) 

4PQfkra|M«wlieno«MAr.o} j^.-4t(i4 >«» 

^^drrf. 'f resKfe^t^^LocbX^dtlQJndT'lMi 
arf !nn^«Mp«r: > 'Olftrcrk^ i««^ t^fdre lilt 
I #«rit out'OKClie |»ialM/witU Mi>.M^refA, 
4nMtaitvekri1ii|re« to die mamk wheM tlfo 
'murd«0i^ta»«|ippwed<o(lHM« lM«i« cniU- 
lmiitiMk:to<«k<t»r;lilniitba gpiteindi^^ Ii««- 
narkeH thatjfc wiHe :ita-<«if|e laero of itae 
«bQOflS wefiO/««k t^Miif <fuidi(|of(Mker^;i«e 
tW*.^W^ 9Yi»nH»oiWoi)MWl. J Iia«t«i»- 

sho>^ f 'flfa^)tlM iJky'ffikt Was 1^^ U^ ; 
neitb«r 1ih*^'tt||)fb<$i' -^6^<1b«r6lf ^aw #Mire 
them aim IChlttktM Me!*Sf«f 'Bkdlliw£e 
•eparatOJ 1 kiid# bf W «ttM)'*i^iili}||;'i6e 
spot e±cepiC«Bioee(tb« rtmiAAs^o^o fi6Udd . 
;I) do .not knoMi flf^/sny vNtann "wrvktid 
«VB|Ungi filitiapotlMftiiMlhOiaiseoveiy was 
4paade. i),, IjiaveKdiOiJ kmcvvtod^ei of IBr. 
i,)Kpr(to6,^||iL ; )lk»mm^4i^m. !»«r9ai«a*(id 

tijSW JjBfp. 4 vaft^ fiwmr^,|tropi,^»w|y 

sCfide io*a't*ttfl .to -aw oh'e^ttOThlii*^^ 
Oftl^tiliM^ ^M ik^sldihj^'&l Qaaco; 7^ 

sworn. 1 am a ^roj^^ rfssUing laJp^t 
John, ^n We$ri§!£gyur last, tlie 22nd 
in^., Mr. John ^n'^^i's^^" drove me out 
to Mr;'C611i6s'^ bouses oD .the Black River 
Koad. wherew^'me£aba'an in a wairpn, 

•«atd iM immbfs^^tmm¥msi\i 



thew 

(vas. 

fnrne* 

we ar 

said tl 

ofth^ 

Wfl fol 

ed out 

He»ai 

skcrll c 

8 or 10 

burled, 

seen t^ 

by the 

namevi 

to sear 

to have 

small ] 

with it 

«d it. ! 

In that 

srrniiHA 

hdiids."' 

in exam 

tuft of r 

attentioi 

thrown ( 

string 

moss [bf 

found— I 

know th( 

oiierrer 

»nd 8om< 

J cannot 

fhere; tli 

Where th 



sworn. 1 1 

I was liv 

Street, in 

there abo 

bad a sm 

nionths oi 

1'he lady > 

wore a ve 

cmbroidei 

bound wit 

say what 

straw. T 

bound wit 

*Jth rufiJ( 

the banda 

when the 

nesday or 

thln^f bare 

Jo not kn( 

what is fo] 

tile child ; 

Mrs. Clark 

from 'f aesi 



^ir 



T&tWOfUlteT. 



17 



aflTpr. 

wMentc 

0><kao4lr 



r»i'Hi 



H» 



MJenicoiil- 
•roof the 



the 8a;mf ; 
law #ttle 

tomnt'tfie 

liiwo. ^ 

tbe 22nd 
|ve me out 
Hack River 



the w6m«in. mH wocrtd Micnf m t^here It 
n'«a. He dmvt^ ah«ad of us, and we 
turned ab^ut and follov\'«d him. When 
w« arrived at the locality «rhere the man 
said the reniahia were found, hi) got out 
otthft watfon, went in fVom the road, and 
we followed him to the spot. He point* 
ed out the place where the remains lay. 
He fiald. e^(^eptln^ the place where the 
skull of tho womnu lay, which Wan dbput 
8 or 10 fieet from f he apot where she whh 
burled, he was the first person Who had 
seen the fete ains after they were found 
by the coIoVe<1 jiieople. 1 think the man's 
name was Dot^jftas, Wetheneommen<ied 
to search fbr the bullet which wait said 
to have been fired. Mr. Anderson had a 
small rake wfth Klm^andl felt around 
with it thlnkioji^ I mighr, hear if li touch- 
ed it. When we railed in fimlin/? k 
In that wav, I went over the sam^e 
srrnuHdv feellnjr It carefully with my 
hands/' I did not di'coVHr the buUet, but 
in examltiin;^ ver>' closely there was a 
tuft of raoss clu8« by which attracted my 
attention, as It looked as it it bad been 
thrown off the remains. I there saw a 
strlti;? of reil beads embedded In the 
moss [beads shown] ; those are what I 
found —I marked the clasp so as I ihould 
know them ajr^ln* I also found a! few 
oMier remains : a little of the child's hair 
and some bits of Cloth of different kinds. 
I cannot say how Inn^ the beads had lain 
there; they wore from 8 to 16 teet from 
where the remains lay. 

MABY BLACK, 

sworn. I am a servant,re8idlnjr in the ctty. 
I was livlns: at Mrs. Lake's, on Union 
Street, in October last. A lady came 
there about the last ol the hitfhth. She 
bad A small child with her, about ten 
months or a year old ; It was a little girl. 
The lady called herself Mrs. Clark; she 
wore a very thin black cobury dress, an 
embroidered sWrN a fnfiy woolen sacque 
bound with bl4cH braid, a black hat, can'i 
say what trlmniigj; ; her h^t was ot 
straw. The little child wore a white tlqr 
bound with red, a, very dark grey diess 
vith rufiles at tlie bottom of ic. Ipiit 
the bandajre on the child one afternoon 
when the mother was ouW it was Wed- 
nesday or Thursday , there was some- 
thmg hard sewed In the banila<(e, but I 
do not know what it was ; 1 did not know 
what is for; 1 did not see any lom^ upon 
the child; 1 did notj.see any, rupture. 
Mrs. Cfiark and n^r thud remaibedthere 
from Tuesday, Ii«C#Mh 9 tiM 19v<e»lok; 



vntll the iMI«#tnfir Sttorday. I do not 
remember any thlaireUe on the child. 
When Mrs. Olark washi^ the baby in 
the momlntr its neck was a littlu ehat'ed, 
aiid I ^ave her some boadH : I do mtc 
know what she did with tliem, wnciher 
She pnt them oh a atrlnjpf for the baby or 
not; 1 did not see them ufterlfave them 
tb her ; they were not strunj^ when 1 
•^ave them to her 6n Friday roomliiijn; 
I he beadd wore red with a Utile white on 
rhe end -they we#e of middlio^ siae; 
[bead« shown] theee are juat the same 
Kind (is I had and j;ava to Jfr^. Ciar«L; 
[cloth shown] thai is the very same 
kind of materlall saw Mrs. Oiark wear 
in her saoque ; it was bound with biaok 
braid ati that shown. 1 think I could 
reooenize ibe'dfess ; [dreaa shown] chat 
is the same kind ot macariai I saw her 
wear. tUhe bouji;ht a new soncaj? on Fri- 
day eveuinjif after tea ; [i«onta)( sbowH] 
that is the same kind that l saw h««r 
brin;( home ; I »aw her sew the 6irini;s 
on It to tie behind the stioulders. The 
embroidery upen the t>ottom of the tkirt 
was a very large pattern; [embroidery 
shown] that looks like (be embi'oidery 
I saw at toe t>ottem ot her sktrt. [iirasa 
shvjwn] this is trimmed aa that was which 
1 saw Mrs. Ci^rk put upoa the baby the 
aioruio); she iett; I cannot say about the 
color, but that was a dark grey. I d\d 
not notice what boots or shoes the child 
wore. I Went down to the door with her 
but I did not notice what tuu baby bad 
ou ii» hoad. [Banduge sbQvvoj thia is 
the satae bandage that I saw Lhe child 
wear, and there was sometliing hard in 
it Hbuuc the <$ize of half a dollar, as the 
|yiece of lead shewn ; it was put ou and 
sewed over, first one way and then the 
other* The child wore a small cape of 
steel color ; [cape showoj lUis u the same 
in color, material and make as i saw 
upon the child; (sontag sliownj I saw 
that sontag on the child, but I do not 
know if it wore it when it left the house. 
I'hey weitt away iu Mr^ Wordea's ooach. 
There was a gentleman in the ooaeh~I 
do not knovr wtio lie w.u. Mra^ Clark't 
hair was A>f a preiiy brown color, done 
up in a braid. I gave her the pins to do 
up her hair. She wore it brushed back 
from the front, and done up Ui a water- 
fall style at the back ; [hair showh] that 
is the same kind ot hair, but a Uitle 
fadeil. I Washed and did up thbcbikl's 
(let Che morning thvy ^eoc awtM^; ftier 
aftowtit^ 1 do not tibooirniaie tMs ; ohia 
\ tAomk iaaiMen k fHiuk tier, Mbsii^iatk 



f ^ 



THE m<lUJ|8T. 



';( 



11 ! 



pat tb« tier I Mveber tbut laornlnfr upon 
Y the child. 1 iiiiva never i>e«ii Mr*. Cliirk 
•iooe the weiii iiway. Mrs. Clerk toUl 
tne on TuefdNy morninir * he was goln^r 
a\v»7 in the b<MU. On Friday nfieriionn 
she WM awey tor 15 or 2S ininutea. leav- 
\ng the baby in nay care ; the said f he 
. tvaa KoinjC to the trunk factory ; ohe dkl 
not say where it wan. but »ald It wai to 
get some money. When the oamc bHck 
•he showed meone $6 note, two 94 notes 
jtnd two $2 not«;« ; she said Dhe leottlieni 
from the genUeman who called to see 
her thai iDuminjr ; I saw Uie gentleman 
when he called on Friday moriiinKt I 
did not know him, and I did not take 
particular notice ot him. I taw no but- 
tons on her dnsss. but I saw some ou her 
black garibaldi ; the garibaldi was very 
ttiin like her dres«; the buttons were up 
the front; [buttons siiown] these are the 
»arae 1 saw her wear upon her garibaldi. 
I do not know what kind of a skirt Mrs 
Clark wore when she went away. Urs. 
Clark had a large new trunk, light brown 
or yellowish color : that was an outside 
one; there was another small one inside 
ot it, but i do not know what color that 
was. 1 do not recollect her weaiiuff any 
earrings or brooch. 

William MoLellan, Alfred Porter. Rob- 
ert Moore, and Arthur Sloan, who live In 
the vicinity of tlie place, all testlAed that 
no woman or child answering the de- 
scription of Mrs. Clark had been seen 
there during the fall of 1868, <>"*« 

■' JACOB VAII., 

nworn. I reside in Carleton ; am a house 

' j) liner; roy brother, the lather of this 

- supposed murdered gir' was sick and in 

a dying state, and 1 vi»lted him; this 
. wiU be two years ago in the coming De- 
. oember; he died on the 16th December; 
• X often attended him in bit sickness; 
. there was a good deal of talk about this 

geatlenuiB, Mr. Munrue ; It was rumored 
^ that this girl. Sarali A. argaret, and he 
« were keeping company, and I had a con- 
. vernation with her. giving ber good ad- 

v< - "lling her bo was a married man. 

f nd th t she was very foolish in thinking 

fibout 'im at all : she gave me a good 
^eal at tbuse. and I gave her up. and 

tl tt w» the last conversation I IumI with 

lur; dk ' aald she tbonght she waaeapa* 
■ 1»l« of tA Ung our* ol horteU. 1 saw her 



at the funeral of her fother, on the 18th 
ur lOth ot December, 1807; 1 reinrueil 
to the house, and B«v. Mr. Hartley, wtio 
attended the tun«^al. read over the deeds. 
He had deeded his property to. hlH two 
youngest daughters; there were two lots 
to Phileaoor Crear and the rest to Sarah 
Margaret. 8arah Margaret's hair was a 
brown, between a light and a dark; 
[hair shown] If I ever saw it I see it now 
-I believe from my heart and soul thai 
this is her hair. 1 could not identifv any 
of her oiiithes, as It is so lo*g since I saw 
her. I do not reoollect teiiinn any one 
that 1 thought Manroe would get her 
money, but I believed tliat.|« would* 

aB0B9B MUBaaT, 

sworn. I go to school. I was at Mr. 
Lordly's one Saturday night— I can't say 
when It was. but it was late last fall: 
there came a rinsr at the door bell, and 
Hs I was goinsf out I opened the door, 
and saw Mr. Miinroe, that 6itsover there, 
standing there; he handed me a parcel, 
and asked me i! I would give it to the 
wvmnn : I can't say what her name was; 
she was up in the ladies' parlor : he told 
me her name, but I forget what it was ; 
I cook it up to her. and she ai>ked me to 
hold (he baby while slie opened it ; she j 
took out a stick of candy, gave me one, 
and ate one herself. I gave her the baby 
and went out in the room where Mrs. I 
Lordly was; I told Mrs. Lurdlv that man , 
was not her husband, but Mr. Monroe 
that lived in the hoase with my siftter. | 
Mr<<. Beldlng. I never saw ber after- 
wards. 

BOBBIIT R. BOBBRTION, 

sworn. I belonr Co St. John ; am a clerk I 
in the store of I. & F. Burpee. One! 
morning last fall, before breakfast— I do 
not recollect the month— Mr. John A.! 
Monroe came into the store and asked tol 
see our revolvers ; I showed him what wel 
had; he bought one of Smith & vvejis' n's ;| 
It was a cvlinder with seven chambers : 
It took a No. 23 cartridge; that would bel 
very small, the smallest size ; he pald| 
me cash for It— either f 13 or 914, I for- 
get which. He said he wa9 goiiig on tol 
the States that mornir<? in the Auiei leant 
boat. I never knew Mr. Monroe to get| 
anything there before. 

The IiHiaeae was then adjourned ttf| 
TmuUft at % o'oioek, p. n. 



i;':^*'^***^yyjB*y^y<t- . 



TUB.INQnESt. 



19 



\llUltHl 

iIh two 
wo lots 
I Sarali 

r WH8 ii 

dark ; 
I It now 
ml thai 
iiiff any 
Be I taw 
any one 
){tjt hor 
Mild* 



9 at Mr. 
caii'c Hay 
Udt fall; 
bell, and 
Ibe door, 
ver th«i^, 
a parcel. 
It to the 
ame wa»; 
r ; he told 
at It was; 
ted ma to 
edit; she 
e me one, 
r the baby 1 
here Mrs. 
r that man 
r. Monroe 
mv gUter, 
her aiter- 



P» 



>amcdttlil 



TuESD^r, Sept. 28. 

skwn cnsivni, m. d., 

aworn. I went to the deaU-honse on the 
tnreuoon oi the 17th of the presMit 
month, la ooaipany with Cwnstable Calvin 
Powers. He showed me the remains, 
honen, etc.. of a jrrowu person and cbllu. 
I saw a akuU wi»tch was perfect; It was 
the only thlnir that w«s perfect; tlie 
other bones were in a great measure de- 
stroyed, i examined ihe skull (n the 
<lead-hoMse«iKl found a etrctUar a{>eirture 
In the leilt Iteesple ; on measuring: k, \C 
proved to be a quarter and a sixteenth 
of au iiiob in diameter. Mr.^ Powers 
xuve me the Dkull to take down to the 
Coroner ; I did »\j, and he directed me to 
make a thoruuKh examination ot It; I 
did so iff !tlie presence •( Dr. Boislord. 
1 sawed off the top of the skull to ^et a 
good view ot the interior; thera wa« a 
large, rouffh. ragjred opeitinjc on the in- 
ierual portion of the skull; a number ot 
small pieces of the inner table had been 
knocked off, the internal openhig cor- 
responded wick the external one as to 
position, but it was Jaryer. I went out 
on the Black H|ver Koad on the after- 
noon of the same day; i went to the 
place where the remains were fbund. and 
exun^ned the ^ouud ,very carefully, 
more especially tiiat portion where toe 
brain bad run omc. Auionx the brain 
matter I found a small fra^^rnient of the 
inner table of the akall; t»Ulits the sknU 
'n'here the jTraj^meuts were broken off. 
There were a number of fragments of 
dFe>$s. a child's tooth, and otlier articles 
picked up by me and others who were 
there. Tnere were also some bones of a 
child and also ot an adult, [rootli 
shown] that is an anterior upper molar ; 
I bhoHid jud^e Irom that the child was 
twelee or fottrteen months old ; it might 
have been older, bat the asttat time for 
eutting such teeth as that is fram twelve 
to fourteen cBOntkti; there are. however, 
exceptions to tlds« some clUldren havinx 
them much earlier. I have examined 
ihe aperture in the sV M, and found 
trkces of lead where the buU entered, 
aitd also particles stiekfnjr to the fra;;- 
ment of tione; tlie particles are larger 
on the frHffmenC of^ bbfae than on the 
skull. It is kny opinion the circular 
aperture in the skull whs made by a pis> 
tol ball of very small sice ; I shohld Juujre 
froiK; the h<He thut the bttllet woiiid not 
be «f«r tbr^c-sistMDtiM «f mi iheh hi 
diMiKfiier; {e«rtrMg« tbofra tiNtfe would 



produce just such a sixe opening in the 
sknil. iPr«fmnus wf boae shnivn wad 
subwlited loiulereaooplO'teMby wiioess. 
ilieii h>in«Jed lo Jury i«»r their lni«peution; 
wttaes^ ilteu pruoeeded 19 show the Jury 
tno skull and the plaoe where the frag- 
ui«Hi< wns driven from the Inner tnbie by 
the btllt^.] I liMve no doubt but Ihe 
person to whom thU skull belonged was 
siiot by a pi^JKol bullet. 1 bad ootiio ex- 
perimcntt made by a pistol and bullet 
Ihe same slae as that shown on a^kull 
to-day; I covered the skull with «i mus- 
ealar iis«tue and filled the skull nearly 
f^M with water; two ballets were Hred 
into the skull whib) it was tilled with 
wet^r. but neither of them went thniujrh 
—bolt, bulleu dropped thronxh Into tlie 
akuUf a third bullet waa tired into Che 
hkuU v/iihout water or coverinf(, audit 
parsed tUrouKh from side td side. The 
sh^ts w<^re tired from a dl>taiioe of two 
feet from the skull; one of the bullet 
holes was smashed up, much lur<(er and 
very irre)(ular, while the two tired 
through the muscular tissue coverinjj^ 
made holes eorrespondli'ST in every ra- 
spooc with that in the skull now snowo, 
wtikih is the same oauded me by Ooo- 
stable Powers for examination. A shot 
tired into the skull sueh as I have de- 
soribed would probably cause in4taut 
death; the person may die from the 
shock, or trout the hemorrhage. On ex- 
aminiug the skuU I fouud that the men- 
iagen artery )iad been entirely aovered. 
so that if the woman had not btien in- 
stantly kllleU by the shook she would 
vary speedily liave iUed Irem huiuorr- 

haidO. .i.'o lf;t; '? 

LEBARON BOTSrORD, H. D., * 

•worn. I was in Or. Christie** offica, and 
Was ahowQ bjr him a skull -'.his is the 
one ; that was on the d«i j that I> *. Chris- 
tie said he was going out on the Black 
RiVer Road, and I saw him start Look- 
ing at the skull, the first thing that struck 
tn^ attention was the hole in the lofi tem- 
ple; the conclusion I drew from lUf ap- 
pearance was that it must have been 
made with a pidtol bullet. This shown 
would be very apt to make such a hole. 
Thinking mat the bullet migtit be lodged 
iaside the skull. Dr. Chrinie to<>k off ihe 
top of tlie crankrai with a saw, but no 
buUei snta di»eo««fad, at the brsin mat- 
ter WM «o de— i p e se d, Md •• tmail la 



qaMMity, that thb ftfts* el tie aknU beittf 
•Mil ImI allevei tlM eommti to low 



■! 



20 

9(fJ (I (ti';,"MC» ttXiti H ihtii "i i 

mH. The fnwtr t»art of llit hole Ineim 
«■• bevelled off«ndregf«d. «rMoh would 
be the aetiitl retu*t In iiieh • miteile 

raHififf through. Yeet«rd»r fn pasting 
went into Dr. Ohristin'd offifie^ and h« 
epoke of lead marka on the ^kdll. With 
a nagoifying irlaaa^ I examined the «dg« 
of the opening of thu ekull ; at one point 
it had all the appearance f>t ■ metal 
•erapinfr, aucb as lead* He ahowed me k 
amail piecH of bune, aueh •« the inner 
.(able of- the skull wo«|ld appear to have 

1 loat, and on it what I thought wae indu- 
bitable evidence of the pmaejice of lead. 
That only tended to oonflrm the ooncl»« 
aion I had previodily arrived at, that vio- 
lenoe had oocaaioned death. 1 have no 
doubt in my own mind that a piatol ball 
had ocoationed the nenon'a dc&tb. The 
result of a piktnl ballet entering the akull 

,Iike this would be, 1 pre«um^,7(qmediate 
death. [Frafirment f>hown.] Tba* looks 
like the piece I saw yesterdajr. 

OALVIM POWBBS, 

aworn. On Weditesday afremoon, thv 14tb 
of the present month, I was directed by Dr. 
liarle, the Coroner, to go out to Looh Lo- 
mond, to tee about the rtttnains uf a womHn 
and child said to have been found out there. 
I ocaordinglv procured a horse and wagon, 
' and went out to the place where the re- 
mains were found, on the BUck River Road. 
The Coroner came out after me and came to 
the spot also. I therai found parts of bones, 
and a skull — thst shown is the skull ; £ 
brought it into the city with the remamdcr 
of the bones and other articles ; there were 
also the remains of a woman's dress, a grey 
tweed underbkirt trimmed with red around 
the bottom, hoop skirt, some pieces of Whit- 
ney oloih, apparently of a woman's sacque, 
trimmed with blaek binding ) pieces ot a 
, cotton skirt, fragmenta of a woman's under- 
clothes, worked on the edge, pieces of what 
h<|d been a b aok straw hat, trimued with 
nbbon snd crap«, or something similar; a 
berlirt sontsg, a child's dress, child's berlin 
hood, a berlin adntag to b6 worn round a 
bhild's bhbulders, a flannel wrapper or ban 
dage, with' three plus in it, with a piece Of 
lead sewed into it; which when I lifted it 
np dropped loose ftom the bandage and 
hung by a thread which I out loose ; a little 
pink tier or apron, a lictW ohitd's shoe and 
etockingi also a great maagr fragments of 
(dresa whiah .^wr« aeaiteeMi arottad^' All 
,ihe artieMe t'MW^lVodttca ar^lhOKVtJC 
Jhroughv# fod iiwt ^a^iinipyjj^BfiaNiidn 
ever since, and can identify. I gave the 



THE INQUEST. 



V 



aktill tl> Dr. Christie the next morning. X 
deposited all the artielei* the alKhl I brought 
them into the city in the dead hou>*. Tl 
was on FHday, the 17th, I gave the akuU to 
Dr, Christie. I also found a woman's hair, 
which had been braided behind, and the 
front parts were hahf^ing loose ; the hair 
W|a very long. I also found and gathered 
up several bones and remains of a obUd ; 
there wore small pieeea of ribs antt other 
bonea ; the remains of the ehild lay » little 
distance from the apdt where the remains 
of the woman were fbnnd On 'Ttiday af- 
kemoon, the 17th laxt., after betng to Mis- 
peck and Black Btver, I via\ted tne place 
where the remains were found sgain, and 
made at\other aearoh in hope to ilnd the 
bullet, but did not And It ; 1 found, how- 
ever, a ehild's toothy other portions of beti^, 
little pieces o' clothing, and j^ottions of 4i 
child's hair, which vrese among the moKs 
and bushes ; the hair was light flaxen cnl- 
or. I saw the hole in the skull before Dr. 
Christie 'to^^k it away i when he took the 
skull in his hands he' pointed to a littlo 
btack spot in to, which fell in when he 
touched it. I also brought ia some briuhv 
which had been cut from trees to cover the 
bodies— the brush was ^ruce; I also cut 
off the bf ancbes from the trees,, and found 
the pieces ot brush where the bones lay 
corresponding with the cuts updn them. 
The remains appeared to have been covrfcd 
with moss and som^ dead trees. On thw 
second occasion of vifitinlg the pl^ee, I took 
a sho-vel from Mr.. Bunker's ^d dug down 
and turned up the sof^moss, and underneath. 
I found a little bail a foot or more under the 
mots, which, on breaking open, I found to 
be a ball ot a tkssel belonging to the sontag. 
The moss looked as though it Ivid been re- 
moved' from a rock dose' by and used to 
sever the bodies:' " . ' V '*■ " "'' ' 

The Inquest then fidjournedjuntil Thujra- 
day okotning, at i(k o'olook. ' 

. ■ I ! I ' " , 

T^'f'i mtii ,WTM ^vit' < 'fmraratAY, Sept. 80. ' 

sworn* I am the wife of liobert Crear { 1 
reside in Halifaj^ Nov*; Scotia.; I jbay^ been 
living in Ualitsz since the 29th of May last 
— pxtvious to that. I livffd ia Captain 4u(u» 
Paitersoo's houae« ^lue Rock, Catleton, ; I 
lived in that hoiiaeJrom the let of August, 
M68, to the 28th ot'^ay last. I was|)o]:n 
and , brought ; up 4o Caxlstpa ;/ my parents 
,ar« both.^ead,f[4l^rfl wf| a]^ . jiisters p/ ua : 
therejl fU|i«<«i|%,A94;X axpea,ai»eibier,i«; 

Turnbull is tne eecdnd, Stavora Jenkms 



,'tj 



TJBUP l?IQPB9T. 



SI 



ougbt 
•e. Iti- 

n hllr. 
id the 
le httr 
ithprod 

b ether 

» little 

emttins 

ilnj *f- 

to MU- 

ke plttee 

tin, and 

ftndthe 

d, how- 

of beti**, 

ohs of Jk 

tie mnM 

xeii c'ol» 

iore Pr. 

took tho 

> II little 

irheii tie 

\9 bni&W 

sovqr the 

also cut 

id found 

lone* liy 

in them. 

I coVn^cd. 
On tlitt 

se, I took, 

ug down 

idernsath> 

under the 
found to 

le Bontag.. 
been Te- 
ased to 

blThura- 

')•» mi 

•')■■* 

»t. SCr;' 

brew { J 

jSv^ jljeen 

^ay laat 

liiia liutus 

ktleton; i 

August. 

was l>o|:n 
Ly< paTents 
Ujrep'iuf; 

»ti»er.j«; 

, w^« 
enkms 



% Jen 



thirdi Phileanor 7an* Crear foi^rth, Chloe 
Tttrnbunufth, an^ SaMh HmrRafM Van 
wan thV'ydttiigeat. Ifyihther'a «aaM ««a 
Joht) Vftft. Mmioent Blii* Ttttitball fa 
■dwd, And Sairih Margaret halVettrnitatnir. 
it ie oyer « year no^ a|A«e I aaw hfae littt 
she waa in hcnr fatMnr'f hoiiae th« Umt ti«w I 
■air her— <hk( wM on the SMotlll' daiy af 
An^uac, orer « ^rear ago ; the titMiae w«e 
flituateil M the PaHsh 6f LatteAater ; father 
vraa th«n dead ; ih^ e>id her NttI* daughter 
lived in tlie bdnMr Ihe hud it ehild, bitt 
was not niarried ; th« lAi^ld ufaa'boni'on thv 
4ih of February, a feara^o; ita natoe waa 
Klla Msy Mmfoe ; it -^dtild have been aix 
month* old fh^ 4tb «f Auguct. 18M \ the 
father wall John A/lfmree, arehlteet, ofCft. 
ffohn i I khow n btKaufee no other mmlk 
kept comjiany irHh herfilbm the first to 
thcr laat, and sh« t«M itoe it waa hiat HI* 
four ye*rs Ago Chi* enHrt^er ainoa he first 
became aeqaaintitd' with her ; I «•• tk«« 
living 1« tit. ^pWaini Baton'r house, but 
alter «ffiitH»r'i death, ^hieh'was on the 
I«th of December, 1807; I lived in the 
HouHe with fny siet^r; thb child #as born 
on the 4tb of FebriiaVy itfter, when I Wa* 
shere ; [ went for the crootor before it was 
bom/ washed and dreseed itafterwerd, and 
was the only tiorse my slater had/ I>r. 
Peters, of Carfeton, atteik'ded Aer. The 
ehiid was Tuptdred in the navhl j I shciWed 
It to the d<^eter t the doctor tOkl me to take 
a nutmeg und dut it in two. end sew it into 
a little bag, and put it so that the roundinf 
part -sitould shove its naval in'^ a bandage 
WHS {KTt aver that to keep it to its plitoe ; 
that did not do it Btiy good. A woman in 
Oarleton by the h4me of Mrs. fill*, « nurse 
to Mta. OUve. came to the bouue of my sia- 
ti^'to ksk. if we' had any wordflrom my 
brbthet in Minnesota ; after she went out ot 
the bouses my sister said. •«'W^ didn't 
yott ask Mrs. Ells wh«t ailed the baby r 
I went to the door ande*H«d Met OacJt. ind 
asked htt if «he could tell mewbM atltd 
tiie child. I und»r(i«^d iH^ child atidehe 
told me it was a rtipture. I askfd het if 
she could teil me- what was good for it; ahe 
told me to take a pi«^e of iMid, punch helea 
in if, end sew it into tt piece of'ebtt«nto 
luuke i truss. M^ sister told her She had 
no iead. but khe bad sbm« bullets that 
father had run Ibr Im g^u.tfnd asked it that 
woiild do for it { Mtv.BttHtotd her yea— to 
tMke one end otaash it flat. When Mrs. 
BHs Wehtoui^ I went up 'wtairs and gM« 
bullet; f took it down and laM it on the 
.briok'ut tbtfbearth ; 1 tbot ah* eye o( a 
^a«ew a)c# iiiia siiriaahJBi it Aat:> i^took an 
aW» iuid |r«fl«faM li^lea 4r«^<i < ik* «j*-» I 



am not oartain how many i the holea war* 
kind of rof ^ ; i)to*k «i «iMmap add ra*p»' 
e<i4h*atittoam'«»«Mik* iiaatootb. I toelt*' 
pl*o**tfYi*w-«nblo*ch*d eecMa. donbirdlt' 
Mid •*i#cd thta Ifod int* U| the oouoa b8n«.> 
dag*' wa* n littl* broader tha» m nun^a 
ban'l, ao that It ahonld go Bi**ly over tho; 
oMM'* hips, Midi pinaad it aoroand itabodj 
with thre* pins at tk* bach} it re- 
mained on th* ekild firom the tknoiputit 
on— eeme time In ApHl— till I left^ on th*. 
2nd of An«aat; ahhmii^ taken off frear 
tim* to tiin*k y*t the aame bandag* was aW 
waya naad-^-no smw oHe wa*< nmil*. ioould 
swear to th* piaee of l*aal if 1 sow it ia 
Bngland; [bandage nndleadi «hown] iff 
should -bo stniak d*a4 tW* ninvt*;' that ia- 
tk* lend'hi^et my fatnet run tin A I laausk- 
ed ; I cevkl > awenr to U if ii wa* on mf 
dtnth b*d ; th* oottpd ia> torn and dMoelorod, 
but it la like tho piece of new faotoiy eot* 
too il tori o0 aadsewod the toad into it i it 
#aa aowad *ighi r*Mid and ronnd throog h 
tho holes t bit wean the foldri noone conl^* 
puasle m* ii ciun. The oUld wore • md* 
aliog light bs«w« dress; it was made low 
neck and ahoct aleevea, with allele nahrow 
fluting up the waias and aronnd the aleevea; 
tbe same trimming* wa» abound- the bottom 
of the dnaa, only it waa broader-; it had a' 
littl* pookut in It made of the same maie« 
rial^ fdraaa shown}' ao kelp me Uod! this- 
ia tkoaiuff 1 bOnght nt John Arnaatrong'a 
to make ;• draao'kv my atater, atid Mrst 
Oynthia Dykenuni John Dykemna'a wife« 
ot Carletoa, made a dress out of it for 
my aiater; I helped her to tear the dress up 
afterward and made tew 'dseseea for ibo 
ukiid out of it^«*tililt' ia on* ot tkem, th* 
other was made pimn ; tkia dreaa ahe kept 
to taketlio ohUd out in.' Whfsn. I waa 
there dio«l|ild:Wate abort tiers* bnt it wa* 
growing out of them and ahe Wi* ^otngitd 
gee new vooa. Its hair waa wUtOH^It mnld< 
not be any whiter; itwaaabort^imdiglisten* 
ing; [hair shown] .ibis oonldJ Aot be more 
like ic but it is soiled by lying out: it 
would not b* an *aay>tbi*g for me to be 
di?eeived in the hair, for 1 had tho washing> 
and dresaing of the baby td do., i'tuive not 
seen my Hieter, dasah M^-gsret* ainoa tb* 
«nd of August a ' year aigo. I kewrd Ltiat 
wheh the beat race twya-^the Parte Crew- 
came back from the :it»tes, she earn* back 
with them, and J^n Monroe in coai4>aay 
with her. I ehoutd jcisow J«^ Monroe if 
I aaw him. ' L'fcavekad aay efOMi bim oooe 
or twine iftConrc^ andlahoidd not.lil|a to* 
be very near him toac* aim again • I keatd 
that kk took hertb n hotrt » St^ lohn« and 
ikMtkotondUdf tala«i«Ume nkoM it •• 



Wi 






31 

thm 1>« had t»lriM ktr to anol^a*. 
lniD«i fif Cwltion, tl»painiMr4 
thathtfiktiirdiki*^ it w$ imm tia* i* 
October of Jait jmt ha toldnit. 1 heard 
nnthing Biortif cxetpt Uwt Mr. l«iMft Hcf • 
noldn. tbeM«ilar, on OeroiKin . litrevt, told 
nkt laat wiateci whc* my liu*lg«ftd wm 
working oB hii WMei. ho tiM^ugbt he m«)> 
bsr looking ■ out of fh* window of oone 
bouse, «oh« p mrnt i Iforgn^hnt hoMM it 
woo;k« told 9M. >^lir. WilliMD< Irttno. tbo 
pointer, in Oorloton, wtnt to iIm hoiu o to 
■**, but tboy said she .woo not ihorot 1 
board that ihft^ AmI Mt and srono ta the 
titutm with Mui«littnroaii Iloft fit. John, 
on the 2Mi «l May and onimd in Uolifox 
Iha tMi of Mof loat. I >otnfcd tharo at 
Mr^.AnB iOoilbjm'o HaonUng Ummo till tha 
ftthol ^«no, when lleii, that Wcdaeadaf 
Boraiag, fat St. John } i orrHod here the 
•ame night at o'otook. I otopfod «t Mre. 
Creov's<->nif aaothMain^law'sv-tiWOdajpo. i 
%at to Carloton on tho 1 Ith* I iitopped in 
Oarlcton till Thimday, tho I7tb. Ao I 
wont down to go to the ioata» I itet Hr. 
Biead, tho poatmaotor ; he odhed mt if my 
noora wa4 BM Mm. jCroar $ I told hiai it 
woe I be eaid, Ml baTO » letter that waa left 
for you to-day, partiotder." I went to tho, 
Foef OAeo doo? and he toM a bi^* whom 
I think ho oelled tViUism, ta hand Mrs. 
Ureer thu iHteroff theohoU. I. took Uie 
letter, 'i'hav wee no poeiago ta pay upoo 
it**-! aeked paitieularly, tnC ho eaid there 
waa none to pay. 1 took the fetter and put 
it uito afty podial I looked at she eumpe 
to eee «!rtoero it oaaoo from and aew one of 
thMD woo •• Bootow, 'Maaf ./' aaother wee 
•« OarSoton, 8t. Joha/'-»th«r« were three or 
fauretaaspe on it and.a three eent Ameiican 
voalege ataaqi ( the other otdmp wak *• tfti, 
Jbafan. N* S." I ha«a that letter in mj poo- 
dNoion [letter prod«oad| 1 1 cbanghtr tbeeo 
waa eoMCtblnir afoot, that ^if anything was 
wrangiahonld oome forward aad eay I had 
gat a letter fhoio mp eieier, for a did not ho'^ 
liaire it ttma 2r«Me ay eiater at all. My 
iirter oOttlA »e« write, neitber eoold ehe 
lead writiag, and hardly print. 1 eannot 
Mad arritmg. ifiaa Mary Creai, my hue* 
band'e aiatet, on Oermaia Street, read the 
letttf dm* to Me* aail aftarward my hue. 
band, iUibert n. Otnar, i«ad it. Miee Greer 
atkad hm if I know wbait wne ham » I eaid 
I did not. When aha meatiooed that the 
naaN waa Margaret I thengbt it muar rater 
to my MMor, 4wt I<fid not lot on, for I di<i 
ant want tbeek to know ifcas ehe bad a 
dhild. fTha letter wee bera Mad l^.tbe 
Oaronsi dad idetMadiby tbe wiiaMna^ie 
\\(9 letter ai^d envelope, hj merk« oU bad 



T^«w<yi?' 



.Hi 



Mtipemtini^ tffllveCby Ut ftmnMt* 
%mtt tifn p«etmaetar in OwlatAM, op tb« 
17th of JtWf iMt yfar.j TIM Ivtierie tbtf 
eawf •• whaa X S»V it. tlia poetage atainp 
on it aow la tbe very apie that wee en i< 
whoa I got Mr I tbongbt a» Ibr tine, tbe 
latter eaaio btam 3(lr«.ii(ttaroe to deceive vu> 
if .be ooald 1 alwaye ran awi^r witb tb^ 
idea that be h»d doae aiwiiy- peltb tbe girl-' 
oMide twav with .her fof thf aake oif bet 
money, afid to gel bar o9 Mn itanide. Mr 
eieterw^ve a tbia. bUak ; Mpaaip draear-I 
bought, the atnff at .^ubn Armetroppi a The 
drese waa nM* How aeck attd ebw(<4«!B?fe« 
far { cut it oMt a«|d beip«d her tfi:make it ;. 
it had aomo blacb bffid wqrkcd arobiid tb9 
bottom of it.. t>^ «r'9^ f^blafib garibaldi, 
made of pretty aeaf the .•apia,fft||t,. There 
were no fonttoae o% tbie gatib(4f|i wben I 
left heme, butebf e^ *N Wae going to gel- 
eoiae down to Mr.. JUfoaaijd'e. She wore 
around her waiel Ajbroed mw of bli^ hb" 
bon. M»metiiiing aimilar t# ifhat (no^r bava 
on around my baaquine ; tbe^ribboiR wap 
luteatnng. She war* a pb«>K white under<> 
skirt Beat t^ her bo^P.tM't t 9^*f that eha 
wurr a white eiBbi;oidered one ; it was om« 
broidtfed.ac tbabi^ttpm, and above U there 
war a row <4 tbrtfd oreebeted in>ertion» 
the erochetod it ba r ae l f; it woe an 4ocb and 
a half or two i^ehea wide. The earn* kiad 
of inaertion.wentupthe front of the ekirt 
aeroe* tho biaadtb^ bi atripa ; tbe cotton 
wae eight or nino-itichea wide between ibo 
ineertion. She wore a pair oi embroidered 
drawers } tiie embroidery waa about elx 
ineheawide; I »bdttld kno«f Mm paitem if 
I eaw'itfior aheeroelieied it ii^ ipiy houae ; 
rembroidlery abown] that.ie nearly the earner 
aa aba bad on b«r Miirt ( I am pr«tty ««ir^ 
tain thie waa an hrr aktrti 4*9ot4K«f pMaa 
ehawn] thntiafroaaberdravcrCf. aobf^ ma 
God 1 thaea are pieeee of bar abMt ami a^ 
of beK drawerii jtba'f i* her w^tli; Mre* 
Williaok Ulife.dcew. tbe pai^ni ot both 
dnaweraend akiia for brf, She bad a wluto 
ehipatraw bat] I far9i«4iU down t9 Miea 
Jane Caa^beU to jirt iteoloiodrforibe waa 
geiag in black for father. Miee Cawpbeli 
eoiored it blaok and trimmed it witb bleek 
ailk iUuaionand nairow black ribb^ili with 
a bnneh of arape,iowe|« on tlif front ; [pox- 
tion ef bat abown^ i take #y eolemn oatJ» 
that ia the aame ttunoMpMi, iUu''ien and ribr 
bon. that was oa tbf liat rgpt put on Satnb 
Maiga> H VaiiabalelM^ l*ne UappbaU'e, 
I nave M>me, ol tbarjoime. $fmf9 .at tbo 
house wbiabi frore «n my own l>*t U tbv 
aante time.; acd of id^Mur <vrQI»sl4 it «w 4f 
I bad tb^gb».0f ji. 5ljlf «l ^ iril >> y lb>^g 

here witneaa broke down and Degaa lo 



T«S mWBST. 



ss 



11 Mr** 

f>t bqtb 



w*9^h\t\tf\j.] Th«t In liMT wain ri|ibo«-» 
I bovffht it fa'ltmtM MtoMo'*. 

At this point many of the jufy And ifMtv 
tatorii were moved to tcwc, mUI a wi and 
moutnfal tpectacle was pHsentai, aafth as 
our Court Hou4(9hat Mldotn, if rrcr. wit- 
nesscd, and tht inTr«tigatioa vBf adjoucMd 
by th« U<MrOnar imtil 2 o^loaki 



IfH^^'i 



4FTKftHa0JK. ,, 

PxiLiuMea Jaxb Cm^m's MiaaiinatfaA 
ntutntfd. IPnrti ^ of draaa akawn.] It 
i« the draM^aba wore. Uer hair waa dark 
brown when uited# af^d «ha wore it in iwe 
braid* up behind in wmetfall atyia. She 
parted her hair on taeh aide, and bmahed 
it flat in front, eaeh ]»rtiert batnf aoUed np 
and twiated around her knot at the baek of 
her heaU. {Hair ahown.j Ok. it ia too 
true— my pi>ur« poor aiater ; alie ia gone*^ 
«h« ii» g<ine ! Thia ia mora tkan I can aiand ; 
I cotttd awear to that kafar wharaver I aaw it. 
Oh, to have to look bif «y poor aiater** hair 
that ha* b««n ao wueily nnrdeiad. That ia 
the color it waa when aha did notfrenae it 
'Jh. how could ha be ao crael aa to da it l'^ 
it ia too li^rd for any kuoMin bemg to lank 
at. Oh, poor Mag. you're gone— youV* 
(tone ! And to think that aba ahould lie in 
the anew all winter I Ok, to look at that 
poor hair, and thmk that her dear head haa 
'Tin in my lap ao often ! She had verr nise 
teeth, the np|wr front oti'ea a little larger 
and longer than the «-eat of thmn (one kip* 
ped a little orer the other aa mine do ; one 
of her under teeth Waa gone— I think it waa 
Dr. llardmg^ pulled tt out inaair hott^; ft 
waa aa much ll«e of aix yeata ago aiiioa ahe 
loat that tooth; I wauM l^nowthataath if I 
saw them ; [skull shown] I caninawer any 
questian, but I eau't bc«r m Idok on the 
lemainaof my poor sister. There ia where 
the one ie gone; we uaed to Inngk at one 
anoth'-r about her tt^th,-^her lowet enea 
lapped over the upper onea. Oh I ia that 
the way 1 bare to look at yon now. When I 
used to be kble to look at yovr featnria and 
now ean see nothing but yonr pear akele' 
ton ! My aiuer waa aUekling her ehild 
when I last aaw hea. She had a pair ol 
gold eamnga, flat on the baek and oval in 
tront, with purple etonea in them t aha bad 
a flnger ring to match them, with three pur- 
pie etonea on the baek. One nf the ear- 
rinitt had a pin hole in the front part, whieh 
she made to see how thick tiM golil waa. 
khe alM> had a flat, blaek, gtaaa broaeh, 
whieh when held up to tha light wonld 
show a ckanga of |niif iiatti bl«Mk| it kad 



a aieal pUi in it : Mr. Fhga mtt a sin in ic 
and mended it t I took it to htm. Qi9 ffot 
the catringa from John Mnaroe. He gar* 
her the earring* flrat and neiCt the flnger 
rtai; . It waa ehonly after he flrat beeam* 
aeqtunnted with her that ha gave tkeaa to 
her, more than a year before the ohild waa 
bom. Mjr father found the brooeh and 
gave it to her. When I laaC mw her on tha 
2nd of Angnat, ItM, she wore the earringa 
in her aart' and the ring on her forsflnger— 
thnt waa the day fleft the hoase. When I 
lived with my auter Munroe wa« there four 
or flva times after the child was bom I 
saw htm them and talked to him. Site 
wnnldke twenty flva T»*<« old, I think, 
the Mth of this January eomiing. She had 
only ana plain black dre^a, bat ahe had 
•atitker aeeond mottming black and wkite; 
that waa cotton ; ahe also had a bine oo- 
b««g one. Mbe had a h»avy dark gray 
itneqne, bomd with Mack braid around the 
bottom and np the front. I oould reeof* 
niae it, tor I bought the material at Mr. 
Jamea Manaon'a. two and a half yards, at 
eighty eenta n yard ; I do not know tha 
name they gave it; [portion of cloth shown I 
jea, that is tne stnif ^it haa not changed 
color mnek aince i\ kas lain there. Thia is 
bound aa ker*a wa4, with black braid ; it is 
the aame kind of braid— I paid three cents 
a yard for it. The child had two grey 
dreaae* and a Salisbury flannel one. dotted 
red and blaek, for wearing round the houee; 
it had al»o a purple eattoo one, and two lit- 
tle white chemiaea, with insertion, which 
she worked around tha arma aad neek. 
When I laat aaw i*. it had four upper and 
four lower teeth : it then wanted two day* 
at being sis montha old. The child wore 
around iu neck a little red and white Berlin 
ahtwl or aontag father foufid and gave to 
my aiater ; [BerHn aontag abown] yes. sir, 
father picked that up by the New Burying 
(Ground. She wore it tirst around her neek 
in winfY time and tha ohild wore it after- 
ward It had a little black ailk hood, but 
it waa worn and it ia not likely ahe would 
take it out in that. I heard ahe had bought 
another One. The gun my father owned 
waa an old-faahioned mu«k«t, I think they 
called it a King Oeorge's musket. Mr. 
John Littlehale has got it nA«r ; it wa« given 
to him. The Itaby's fcl.^es were red when I 
laat saw it, but she got another pair alter* 
ward«.I believe. The tier* it had when I 
left were too small for it to wear. After I 
left «f siatei^a I heard Munroe was f re- 
qnentty there when he waa worklitg at Mr. 
d^iUiam Clarke's house. 1 have k«d many 
aMivartitiOM widi htm and taM him the 



24 



TBI^ II|Mi]£)ll1l.I 



rtriouii eoaMqpeaoM of «uch tbingii. H/tf 
' MCtqed to itei torty about iU bu| Mid iut. 
did not know whtt to do* at aiio liludbicii 
nnd seemed «• be •tiokiog up to him. At 
fivAtehe did not know he was HiivrriedrM 
hr denied b«ing a marriod man«.and aaid.it 
w,a« hi* brother that was ni«rrt«d. -Mr. 
rSrear knew him w«l>, and I learned frnm 
h<m thai ha was named to Mr.; >*uti«' 
d»ughte-r. Mr. Munroe gave Mnne support 
to ihc child ; be sent two five dollar bUkt'tp 
tke hatt«e. and three oranKes to>ber« ,1 AiK 
xioc aw»re of his aendinit anything elae. He 
used to send notes to her b:if a little l>ov : 
inyr little daugtiter read ih^m to her i ahe 
had five or six of those aotea fnom .jM[«ar<V^ 
and she kept them all. She b«d ji wooden 
trunk fkther made from boerde painted b|a# 
-r* lead colored blue. Hn Munroei g«v< 
her K lock,, and she said he put it, on She 
had a small silrier pistoA jn it. for one thi;ig. 
that John .Mttnroe gate' her^ U> fire with 
cartridges She alau had his lili><^nees in it ; 
alaft. my brother'*, an anot'f &od an iiocle's 
ltkeo«Mes. I did not ki?, any money »be 
had. buc k heard tbac she had $i75, and. I 
suppose if frhe went away with that gentlo 
nian he took her money fiom her. Sh« sold 
her property to -Mr. .fohn Juittlehtile for 
:i<600. I do not know wbart became of it. 
Shi had some other trunke, but thty were 
V'Ot fit to take away, and she gave them to 
Mrs. Hugh McLnien. I saw the no es seat' 
by Munroe to my sister, and could reoog. 
mze them if X saw them. She bad i^ dark 
b own silk pnrasol ; .1 bought it at Mix 
James Mltnson's; I gave four shillings and 
hixpen«^ ^r it. The $76 aba bad was for 
oil»«r thiogs sha sold. . ,v ,, 

sw^rn. I ajn a married wcjfman, wife, of 
William Ulive. I am not acquiiinted with, 
Mr Munrbf— should not ^oyw him if V 
saw h'm. The .}ast tune. 1. saw my vint.er 
w«i> th? di^.sjhe banded over tKe property 
to J|f r. Liitlebale { she went away in Mr.. 
Littlehak's wagon. We were ,nut, go^d 
frieodt* at the timv, on'aecount of h^r beha- 
vior with l|r. John ld(unroe, the architect,. 
She had receivecl her mnnejr; l^r. James, 
OUv« counted it out to her ut t^e house* 
Mr. Munroe knew she had no mother, and 
I talked to. my sister a^ut the con^uenqes 
of such tilings, na^ to^d her he was a mac-r 
riecl ifiati. l( is a |ittl« over a year ago 
t>inc« I »Hw K\y tibter. I bo^'«>««a .^f; 
w««i(iog.a black dresHjsnd a a«c]A(l moumr 
ing oiie,<rom my yifjdftw, .but not near 
enough to^idehtify tbem. X have Men |h» 
wfn oft n i , thf IjtU« girl (l>a| ,l^«R(i»4 ^ 



|>ab« ward t9 Pf>( '^ round ita ahouldert 
when she took it ont ^Work shown] I 
drew the pattern of this work ; I can Rwe,ar 
to Itf an^ (Min bri^g a skirt from whieK- 1 
draw tiia pattern for Sarab Margaret Vail'a 
drpwfMra* That wa# about two yes#s ago. 
\yhe;i fbe got pne breadth of bf r «kirt 
worked she would ome to me to' draw 
atto^er Th6 •*e«mpasa Work'* is heic 
drawers* bot:oms«->4bei other la her under- 
skirt. I thought first it was like the »kirt I 
have on, but that she sold; I can twear 
bolfa to the pattern and to the work. It is 
her work and no ether peraon'it. She was- 
jini coaaraenaing to i earn to w«rk,iind was 
not a very goo 4 worker. She said If I 
would dtaw it dff ahe would try and learn 
to io ic heraelf. ' I n«v«r heard that » he was 
going to haver a child tiU after father died. 
Uer child waa. bom two i^omba or so after 
his dtath. i{>tT hair wa» lighter than mine, 
bhe always «ro re it braided and piit up in a 
watcrfiall. My" oldest daughter and sha 
wore their hair Crossed alike. I do not 
know ^whether I could recngoiie it or not. 
[Hair shown] there is no doubt ^ut that is 
hdi hair i it is exactly aa, she wore it ; «h« 
had a very heary bend ui hair, and the front 
enda were •jroll«d aivund her wacertall ; 
there is no doubt but thatin the^oor un- 
fortunate creature's hair. [Oape shown] 
her cape wa^ the color of iln*t but this ia 
the child'i!, [Piece of sacque shown} thflre 
is no doubt b*)c this is thv i<am« cioth. She 
had it bound witllh'blaek braid axound the 
bottom and arottnd the w via ta^.» .■ 

OBOBOB BUNXSIJa 

sworn. Ji reside atSt. Martth'a. I keep at 
oonlectionary ahop now. Last .October I 
wafi living at iiorasa Jitmkec'a. at Lako 
Lomond, a'lottt ten milae out of town. At 
that time, but what day I do not Knvw— f 
think aboHt tlie middle, but nan' t cay— I 
saw a coachman pass the honpe ; I do noit 
know ^ho be was, but ahautd know t.vn if 
I aaw ^im ; he turned the Quaeo Hoad. I 
did not notice .who wns in the coacb, or it' 
there was any ona> In about half an hour 
the jQOachman rotumeil alone. lEie put 4ip' 
hit horses and ordered dinner 1 e«ked 
him who he drove out. and he aaid he drove 
a gentleman and iady abou( a niile and is 
hail out tha road. I naked hin if he had 
left them at Mr. CoUina', a» 1 thougut that 
would be t)ie flrat house ; he did n^t 8ay 
whether be did vr not. After he eame out 
froA his.dinnax we wore standing in the 
yard ( a gentleman and lady with a vhil4 
cam« into :tjft9 yard. ii<r lold me tK* gentla>^ 
maii'a muM WW Mr^ MunrQ%, r'A'l^v Udw 



1^1^ In 
child i 
the m 
coachi 
he had 
then h 
I hparc 
eotrnth 
see the 

:°fT, 

cannot' 
Manro4 
then dr 
was tb 
the coat 
again, 
drove ] 
The coa 
time— tl 
and ordi 
had dri<i 
he s(iid I 
had, left', 
*ay wbVl 
into the': 
i"g for h 
in. yLr. 
hia fate i 
a hard w 
If He was 
ordered 1 
oachmai 
ner than 
cbachm#t 
Mr. Mum 
ond «aid, 
Mut^rue 
'i'he^.coac 
where the 
"nythiqg 
^c hifi iei 
him say II 
a'bont Mr 
not hear 
drive then 
the stable 
roe came ii 
glass of bi 
^hat the fa 
dollar. JH| 
the bar, sti 
coaoh. I ) 
doiJar. I ] 
fcd him an 
^hy 1 k.^pi 
was btio^ui 
ijurry. |. 
t«roed and 
I J'UWing ttia 
»»■• » two de 



TfPiWtfllW**. 



aifc 



tober ' I 
LaKo 
. At 
,ncw— ' 
•ity — li 
do 110^ 
httn it 
owi. 1 
or it' 
uit'hour 
put 41P' 
1 nok^d 
»e drove 
l« and Ik 
be hud 
Ut thfti 
"•t way 
,a>e ouC 
in the 
», chiki 
g«i»t)e^ 
|b« lM}f 



got iftta the fuifioh vni Mi^f.MDjftrM pnil^e 
chtid in. Tbit [peimlM (o,|i(iv Moi'?*] '»* 
the miiA .If »«w.. Mft MHOfpf^. ailora ^hf 
coiehmafi ffjie ha4 hfd htv^^mi^f.hesaio 
he bad. Mr. Munroe «M ihe boaohman' 
tliet bad some talk wi^^ t diet uot liear ; 
I h^ard .l||r> iMuVfoe say to the coachman 
eomt thing t9, the e^ect that tl;i«|iady difl not 
see the par*7 she wished 'to. I he^d ,fitm 
engage tbe ooacbnit!! t6 drl^e'hii^ t^ur a^in 
-<-I aid rioi heac^Q,v,tltne'iDGntione(|. I 
cannot say whetUsf 'tb4 coecK^lil'd^ Mr. 
IrluQ^oe paid tbe b^ll t|i^ ftrst i,iine Etu 
(iien 0rove a«r«y. IcAAqpt' >«y'|irHetbe# it 
was the 9 'kt dajr prJbr^.daypi afifrWard 
the cnachman end t^^^sCiijl^part^ <iiiine otit 
again. 1 did not see 'thepertfes' (ife tMey 
drove paat tl^e liouae^ on' 'the same road. 
'4'he coaohman returiied in aboqjt th^ same 
time— thirty minutes. He jivit up his boracf 
and ordered bia dii»ner I ask^ b^id if he 
had driven to the ae|n* p9>ty*s'j&bu^ ahd 
he suid he bad. . I as^ed hitt again if be 
hud. left them at Mr." p^lHus^ eqd be diiL'nb't 
*ay wbfther he diil' or did not 'VL<f U^M 
into the hout'e. He ^w sitting thei'e'^ W'iU- 
iiig for his dinne^ when Mi» BfunWe came 
in. Mr. Munioe took off hie jhat and wiued 
hi« face with a handkerchief, slaying be had 
a hard walk. .He then »sked the coachman 
if he was ready ; tbe.do^^ihaii s»id be hn^ 
ordered hi» dinner^ Mr. Muprpe told the 
oachnan he would rather pay tor his dii|- 
ner than to have him; stop to«at it. Xlie 
coachmiin then started to pV.i his |iorsee in^; 
Mr> Munroe followed hio,*** faf «» the door 
and eaid, ••£ wUi p,i»y ,yoM now :" Mr. 
Mui^roe gave the eoaebpiAii six dollars, 
Tbe coaciimap then asko4 Mr, iiunfoe 
where the kady was— | did not hf«r him sity 
anything about ibfe chij^ ; Mr. Munroe said 
he hifl left thtim at Mr; Cei|iins', I . heerd 
bini saying eomethinf to Jt)^ "ooiacbmen 
a1>out Mr. Collins cftivinK them in-*I did 
nut bfar him rev when he was going to 
drive them.in. Tbecoacbmai^.tl^B w<:9t tp 
the oteble to put his hpraes ti\, ,)Mr3 Mun- 
roe came into thi» biir*jroom find eatletl fof ji^ 
Klass of brandy I^etouk it^nd a»kf4^e 
what the bill wa|. ,1 tuld ,hi^ it wjes o^ie 
dollar, t^it took ^PjUt a bill fod laid it on 
the bw, Ptaited righfc oi^t;^ ftad' get into the 
coaob. I took tbe bill. thtoki?g it was one 
dollar. I kept the biJU in qojr hend^ foUvw. 
td him and. saw hiifi' get U\fo the cppieh, 
Why 1 kt;pt the bill lund, folio «r*id flip m^t 
was buofiuse I thougbt ho was \t^ • great 
hurry, t saw the «oii9h diiva nwpiy. | 
turned and went into the house, Jirui ^tn 
I uutiing tlie biU inth* draper t ^«»fia it to 

I bj * t^ro doUff hiU. it h^n mmmm i^ 




minutes from tbe time the coaob came till 
Mr. Munrou came'; there Was not time to 

SirepCTli diiin«r t 'it bilgbt have been'^ Mtcl* 
iwg^ as tbe dinner w»s'»e*rly ready. 
Mr. k>'«nree etid th4 lady did not g^t diiw 
ner tke 4i^t dey tfc*^ were «iit. Ontba 
last oocaitioli, when Mn Mtmrow returned 
he wkvin a ver^ great hurry, an^ appeai^ed' 
to be ihuch bunted j I thought it %mM»w*« 
ing to bis 10h|f Walk, and that he had been 
wwlking fhet. 1 di& net think he weuld 
luMiv hid time tei Walk'flpom thA pbioe wher* 
the eoach lef^ biafi to Mr. UoUine* and bMll 
to our ^ house. I am not eeituin thatMn 
Mttriroe said hv had beetv t«M»»'Collin|^|' 
but I h^ard him say Mr. Col linn would dtifit' 
them ln.< The dey wie wet and heetywiih 
mist, tut it did not rain. I do nMMI knotr 
which way. . >th» awinilk .nmsti 1 heard no 
sound fit brearm'*, I s»,yr., tbe eo-tcbmai^. 
wheik be drove past; Ke nodded to me. and 
altheugh the coaob wa8.i>hut up t suppoerdL 
it was,^ aan^ P»>^;^ f, did n^tt <we fh*t. 
billf Mr. Munroe RMve the ^qnachmAn, hnti 



t cr 

», Si 



heard Mm name his p'ice.'^ix dollars, and 
sftW Mr. Mttnik>« hand Mm itom* bhia. 

The Inquest then adjourned until Satuif-' 

day morning, nt 10 /otcloek. . . 

I ., H ^ . ... SfWuiH)Ai\ Opt, 9, 1660. .,^ 

' For an hour before thnt At which the itt«> 
vetitfgBtiiin was resumed thifi moming, m 
Inrge orowd oi'emitMl people gathet-edoutv 
Hide the Court Uotine, und upur. theSqUoMi 
ill; front of it, wAiting for the dooMito be 
uf)ened. It wfl|« jw^ 10 o'elook when the 
ilion weve unlocked, wid then the people 
rushed in, Meixing the i^unt ndvuntn^cpuH 
Ptisitions, eliinbiiv; over the barriehi ^M 
jiimming oadi other ugtiiiAt the tables anif 
stoves. The whole jraqp wwt {(peedily HUr 
cd in every part, till there "Wn^ hotdw 
Htandmg ruom any whei'e. The ndiiie maqle 
upon their entry i<utiKided in a fieW mo- 
ments j and>a huHhed lull enraed, whi<!h 
W(t^ oniy broken now anc^ then by the oun- 
it^blefl calling upon somebody to go down 
from off the tables or barriers, upon whiuH 
they Imd climbod. The trunk of »• Mt7». 
Cl«irS;c'* was brought into Court and 
phiced it^ (rant of the 4u|ry hot. It whh 
an ,6rdioa,ry boi:, trunks ppvered yrith 
black oil oMhf ohd iff ^PP^ '^'"^^''^ ^^^ ^P 
wUh thhM Wooden etrijpiH. 1^ , appeared aSi 
thOufh U had reQeived^ruiigh uHisge in tnw. 



^ 



TtilCIf<H}t^Bȴ/ 



s6t»r. Iti tstmrge of the Sheriff; broaj^hk it- 

toi Court, the oxtttofnatiuik was proceeded 

i with. ' ■■■-■'■-:■- *•'-:• 

JPBK 8. BAU 

HWom, «afs • [ beloQK to Ohelaea, Htmn' 
ohuMetts ; ftn mate of the Hteamer ** New 
, York ; 1 received from Mr. Kilhy . the Ageot 

! I oi t>lte Intemationiil Sleoinbuat Company, 

a trunk on boerd the steamor " New Xork" 
at ikMton : I bad not Heen the trunk pre- 
viouH to it9 being delivored to me; I waa 
directed by Mr. Kilhy tp deliver it to Cap- 
tain Chixbolm, the Agent of the Cempany 
in &%. ^fohn ; lam oertain thiH is the Hame 
tmok ; I delivored it to Captain Chiaholm 
lavtnijtbt; there are markH Upon tbear* 
ticlev It coDtaias ^hf <whMh4 fan identify 
them* '< .»/• v.;-- -^'Mf 

The witaeeswae heie . ordered tontand 
•iide»a«4 

" 'Jftfi b^»'< = i CAPT. ». W. CBISHOLM ' 

wns RWdrn.— I belonc to dt. John ; nra agent 
of International Lin^. On the S7th oflattt 
September I received a telegram from Bos* 
t:ni,irom Mr. W. H. Kilby of Benton. 

j J&08T0N, 27th iSept., 1869. 

■< Clark trunk ia iound,and will be sent 
by the "New York." 

(Siiined) W. H. Kilby. 

Agent International Steamship Co. 

1 telegraphed to Mr Kilhy to place it in the 
handH of a responsible penion, to be hand- 
ed to me^ as our oheok was upon it, and 1 
wan renponsible for it. On the 28th of Sep- 
tember 1 received the foUowi:>i< letter irom 
Mr. Kilby: .-,,- ■r.n nf> « '>iij ■!■ 

Vrncz OP I^nrfeRMATtbtf al Cont&KY; ') 

!^ii) End of Commercial Whart, S 

Boston. Sept. 37th, 1809. J 




John, a-sklng if we had here a black trUhk 
and valise marked *' Mrit. Clark'' ^r "'Sarah 
M. Vail " WeoverhadlAdourstookofun- 
dfiiuied baggage without findihtt any such 
markM. 

This morning Mr. Fletcher was reading 
iQ the Daily Telegraph the testimony ot 
i^rah Lake, in which she states there were 
two trunlw, one inside of the other, and he 
remembered in esamiuing our baggage 
when it was put away last January, to 
have seen such a trunk, so, sinoo the Plea 
^aland leit, we hi^ve BOade another el- 
amlnation and hate found the haipstige. 
There id one bifack trunk with a siMUer 
otie inside, and a sihall hltak Hag tied to 
thli^haQdle. There is a {MMmoI aiid^ k f\ivr 



articfei (if #ia<fiaii * ««<> o^^nd's clothing 
which «lqn*t lame very uea^ It has «m it a 
New EngUtnd ofaeek, N6. 70a PleaM no- 
tify the airthorities. I will send it by the 
New ybr*ThurHdat. 

Yotttii truly, 

Vr. H. Kanr. 

tasi night the think arrived in charge 
of Mr. Uall, male of the steamer **Now 
York." I went oxk board w^h Mr. Hall, 
and brooght it to my ofloe, and in the 
presence 'of the Coroner, John jt. Mar- 
shal, Chief of Police. John S. Hall, Mate 
of Stjsamer "New York," and mjsolf, it 
was opened, and I t6ok rfn inventory of 
its contents, aind iharked them. 

diKTtlk^ think, white wooden stripa on 

the top— lined "^^ \t^^^ '^^^ white pa- 
per, conUiibing a small black trunk, simi- 
lar to ^e taroe 6ne. The large trunk bon- 
tained beside the small one, a parasol, and a 
smaH bUck button without an eye. Tfie 
small trufak contained two thimbles, one 
without a top ; twohickery nuts, one spool 
white cotton No. 60, one small empty 
scent bottle, part of a blnck lace veil, one 
white hair net. one black faocv button, one 
child^H Krey jacket, one New York Ledger, 
Sept. 26, 1^68 ; ortft Chimney Corner, Oct. 
17. 1868, one Street k Sliiith's New York 
Weektfi, Oct. S3. 1868. one Saturday Niaht, 
Oct. 17, 1868, one Harper's Weekly, Oct. 
17, 1868, Mrs. Winslow's Domestic Keceipt 
Book for 1862, 1866. 1867; one book "Snow 
Bird, or the Tranper's Child;" one child's 
urab coburg dress; one pair white rib- 
bed cotton stodcings: one bundle white 
cotton dlothK,one chad's plain white cotton 
petticoat with insertion ; two child's plain 
white cott(>n shirts; one white obtton 
do., with' crochet work round the neck 
ard Mieeves; one childM pin -afore, with 
white buttons:' one childsdrab coburg 
drem, with trimming in front, and rouni 
the pottob and ideeves, bound round the 
bottom With hlaek braid ;()ne child's white 
cotton nf^ht gown ; twcrpairw child's wool- 
ly socks ; two pairs A>., striped red and 
white ; one ^ir do., dai4c red with white 
spots, tied aroQiid with a wodian's vrliite 
coll^, quite narrow; one pair child's white 
cotton so«;ks ; one pair woman's- drawers 
with ins Ttiob near bottom ; one woman's un- 
bleached cotton skirt.with two pockets in it; 
one woman's white cotton uHdenkirt, with 
deep eitf broidery round the bottom, one 
row of inaetiion just above the embroidery , 
all the Way rodnd, and Iwo rows of inser- 
«lMi«bOT«diitb«<h>ttt bitadih; one wo- 



acen that 



IQl 



TdB ii«ot%9f :^ 



if 



a 



thing 
nit* 

»ythe 



liBT. 

;harge 
'♦Now 
.TIftU, 
in the 
. Mar- 
, Mate 
mU, it 
itory ot 



rips on 
lito pft- 
i, gimi- 
ink ton- 
)l.anA a 
e. 11>e 
Iw, one 
►ne spool 
I empty 
reil, one 
tton,oite 
: Ledger, 

e, Oct. 
York 
w Night, 
fy Oct. 
cKeoeipb 
ik^Snow 
3 child's 
hite rib- 
le white 
tc cotton 
d'« plain 
dbtton 
the neck 
re, with 
ooburg 
id rount 
}nnd the 
d*H white 
d'a wool- 
red and 
th white 
n's wliito 
Id'n white 
drawer* 
nnan's un- 
iketa in it; 
iWrt.wlth 
itoDi. one 
iibroWery, 
of inner- 
one wo- 



nmh*fi filite ixibatg dr^M,' with small light 
buttons. ImU way do#n tfa« frorit, nnd 
Itooks and eyen, and one pocket ot the 
Mine material ns the drcM ; two pain 
wouanV white caffil; one oMId^it white 
hi\t, trimmed witljr purple ribbon, and White 
^imp : one woman's Inc^ collar, one muslin 
do. with edjring around the cndft; one news- 
paper pnreel oontaihinf thr<^ photDgmphs : 
one tin-type photoghiph of a man, (in a 
case); onp ring cam, li^o of paper, con- 
taining groy hatir. thia is all the eontento 
of the triink. On the end of the large 
trunk WAX ftuttendd by check (No. 706} of 
steamer **New En^nd,'* a epaU Mack 
carpet bng. containing one |^ir btafek doth 
mourning gloves : Btq pieces white cotton 
—one pi«ce soiled ; one child's napkin ; ona 
decftyed apple and two pieces of candy. 

[The trunk was then opened and the ton- 
t4nts checked off by C^pt. (Hhisholm. On 
the parciil of pSu)tOffnipbs being opened, 
(y^ptain ChiiihoTm said he recosnized obe as" 
tbtt'of Mr. Munroe— the other he didnot re- 
oofnize— but thousbt itrs was of M Orear. 

Witness fMumea— 1 hare nciw examined 
the contents of the trunks, and find them 
as 1 mai-kod them : they are the same as r 
reoeited from Mr. llall. 

JoBV 8. Hall, recalled.— The tmttkH 
arb the itame as delivered to me by 
Mr. Kilhy, Agent ot the 1. 8. S. Co. I 
find the contents of the trunk, now ex 
ahitned. the same as I handed over to 
tp^jpi. Chisholm last night. 

•It ;'^' ». T. WORDBN, 

Te*examined. That is Che same kind of a 
trunk as 1 took ftom tha Bl-unswiok House to 
the Union Motel last (all, about a year agoy I 
did not notice any marks ifpon it. Mr» 
John Muucoe sent mefur.it. Thorewas 
a little black bag similar to that ahown, I 
could hear sunething jar inrndo the trunk* 
but did not know wfiit Was in it, 

MRS. |C1R¥ ANii LOIIDtt,^ 

re-examined. Mn.Clarkba(ia black bunk 
apparently new, when she was atini 
hous^, (trunk ahown) 1 am pofdtive thai 
iH the tr'^nk pf >Mrs. (;lark. W ben ol^ Mr, 
Munroc oauie tq zny hon#9« about two or 
three o'clock on the alteMwn of Monday, 
I showed him ^be tnink, ( Mrs. (^lark had 
leltmv iMuse that inonung). JU said it 
looke'l liked ene thi^was monufaVtiunvd ip 
his estaUiskment. ,He took a knife and 
outanotc^ in fho'cMo^-e atrip ef Wood, 
on t,\» top o| ^ho trank^ to emnpare woods, 

it of his 
I have 
tJoki^ 



on tfte top o^ ^no trank^ to eompare m 
and said he W(d no 4oubf 41 ^** Rut 

seen that trunk ; sile (Hrii. Clark) tv 



pttt 0^ ttib Isris one In the (Mn arid took 
It ut) stairs. SUs had a Mne dre«i, which 
1 think ( could identirv. it had some white 
spots on it. [Dress nbewn.J That is the 
drass that I saw with her. Iwonldknow 
the bag if I saw it ; it was mode of some 
kind of eiiamel leather. fO^g . shewn.] 
That is the bag she hhd when she was ini 
my hoose— 'lamsureofYt* r '" 

llAar BLACK ' 

re-«tamined. f never Aaw Mm. 01ark*fl 
trunk opened at Mir. Lake^. [Trunk 
Hhewn.l The trunk I helpbd the boy take 
down stah« I thought was a kind of a yiei" 
low one ; there were strips on itiike those ; 
1 think I wouh! know heir embroidered' 
skin if I saw it : sbe had a Small blaek 
valise like that shewn: that isthesaui# 
bag. [Skirt flheWn.J I never saw this, 
but i recognised the phx« nhown tlM 
other day as that 1 i(aw her Wear. 

.,41l|^.. SAOAH LAKB. 

(re examined) I i«coll«(it what kind of a 
trunk Mrs, C^lark had ; she had two— one 
wan larger than the other ; both oonimon 
bbick tratiks, nhe had a bhiolc bae of some 
denoription with the ilaria^e trunk, '[trunk 
shown.) Thelarira oneiis just such a trunk 
is thin : the amall trunk is the Mune make 
Hs the one she bad. [hair shown.] Thiw la 
thewmekindofanagl mw Mrn. Chirk 
have in my iMMsa ; 4 mw some ot' the am* 
tents of her trunk ; 1 aaw a blue dresa, a 
parasol, I ooald not tell the color; slio wore 
a white skirt With inaertion on its edgw, 
when she was at my place, I oah straw 
a piece of imiertioD like it, she crodietted ft 
fur me while she inm therav^[dress shown] 
that is the very drem that I saw her have 
at my plktsii fskirt showh] the insertion in 
the skirt is the same as the peice she done 
forme. She wore tbafe skjrt while ai my 
place, [parawl shown i I cannot say that is 
the pamsol but it is like i% ; fdie m4 a dark 
parasol in her trunk.; theohildli^awhite 
cotton Hkirt with the lamc oruehett work 
on it as on Mrs. Clarks skirt, (child s skirt 
sbownj I saw that on Mrs, Clark's ohiU 
when at my hoase. ' 

The Inquest then adjonmed i»iil 8^ 
o'clock. 

AfTRRNOON. S| O'CLOCK. 

ins. fUBitCCA AKX OMVB -^ 

re-oxnmi^ed. says : Icaa reobgniae |be 
worked oBderakirt of my sist*^, it wae 
wviftml the same as the lower part of the 
.qne I ijioW haye on ; I h»?e brought anoti|«r 
skirt with work oo itiike thitonhors; 



i 



39 



Tl|^^f%ftlp»f. 



K| .ill 



(skirt Dcoditieed) .that is the «kirt Jj^tro 
^J)ifihJ4f6V thejj^tteifttg (slirt frQi|» liw^nk 
sboMrn (0)9 OQiMpai^ed 'witl^ that worn by! 
wttoew, tti« work was the sanie at ihe bot- 
toio, with insertion abpye, but vber« that 
ofwitnetowaa worked between tbo in<Mr- 
tlbn that of h^r sister was plal^ cotton fis 
(^ribed by tf^. A tpng, delay now enr 
4iued, ai*i<>iri^ froi^ jnabtflty t6 get/the 
Crank open, and inony bdnohed Of keys Were 
handed up betora one wan £>und to lit the 
lock ; at Isfl on9 was found and ^e;)»kirt 
MTHH ^kcn ou|,) WttiMM-f-Xbls i»,t\}e 
sane pattern I di«,w for Iter, .aqd nobody 
but n;iy fiHtpr. worked it ; nojone «an w<uit 
further «vikence than (bait this skirt be> 
Ipngfd to my sister ; it oorrenpondp ip every 
way with my own, and theie ik no doubt 
in the world bt^t it was worked % Sarah 
iMargaret Vail, l^never oaw.the eblld ex< 
oept ^om the window otipy house aprot^ 
my fiitlter'slo), and <^not identity any of 
its clothing. I have brought a piece of 
work the same 8<4 1 drew fer^ her drawers 
bo^.tom. Alter drawing the pattern for her, 
and «he tiad made it up, I saw * it i hanging 
on the olocheil ltne> I drew another pat^ 
tern of a skirt for her, and* the firagiitent 
shown lA the tiaiae. In working; the draw- 
ers botton^s she would not take the trouble 
'lO work the snail boles round the bottoms 
nicely, and I know her work by that. My 
sister had a likeness of my brother. [Tin 
typo shown . ] That is a 1 ikeaess of my «ld- 
w( brother^ who is now in Minnesota. — 
f Pbetogmpha shown.] One is Mrs. Crear, 
one is my lather's sister and her husband, 
David JNickerson, nnd the other 1 do not 
know. I Piece of hair in ring case shown . j 
Thatia my pogrold fiither's haiii.v -nn -xui 

m m)itl**?.:PBttEANOB JAJI8 CnEAR,^ ^ju fj. 

ft^'«xttMined.) My sistor did ■at'fiaVi^ 
tho.ser trnnkitwhMi I l^It home. My sister 
had a blue Coburg drese, with white but- 
tdm. TDresB shown J Y««,sir, to( IhBtp 
^tiie (Jod, that is the) dr«»a I bdtfghtfa^ her 
at Johh Atmatrotfg'i wfth' lh« juoriey John 
Munro6 gave her; The btfM)ns tire the 
same. 1 have ^ no doubt that' ut my 
8i.ster's dress. It was inad«f bv Mm, 
CynthiiP t)yiMttian; 1 Wodld knibw her 
unde;/-.lf?"t, it had croehetted insertion oii 

t ijreudth. , f Skirt shown,] That 

» v^^ < ^,ii». broidery i)he did) in ray house, 

/I it AW it for Ijier off b«r own pat- 
.i . "^' fc 0'!:tcr set up (he pattern for the 
i;v. daiHh MnVgarct Tap. SJhb 

iki(i dii^ «^^^ di dmwilirs wdHted with a 
obmpass ptitt^rn ,and another |Hiir. #!t;b the 
otbwtted ifuertibti on tb(im . tDrivrtf* 



shew*. } So ^Ip; n^ Qod tbt^t is th« sai^e 
insertion that. wa9..^a|[;ked,fur h^r d/awejSr 
by hwseir. '^hose are hdr . drawers, tb^tt'is 
the new unbI«H}hf;d cotton that was got; fgf^ 
them, and she b^iched jtihem on the gra#, 
When she cut them Out»<)ue cut mWtt^o 
pfliralso ; tbe^ are the buttons alw. Ihaye 
home ^' father's hairat hpme, \ ][Uair in bbx 
shown] I knpw that bp;^ ; it is the box 
which had tiie finger .^Ipg in which John 
iVjlunroo^ve tomyjiister^apd said he gaVd 
f'o^r dplUrs for it. "^lat is my pocft; father*8 
liaJr.v I out it 9^hui temple w^tl^ my ofri> 
hai)ds« and diyide^ it with my .si^te;r, 
[likone» i»bpw^l tbat i« my oldest bniitbct 
Jacob Vail, ,wtiQ is ^i^ in Minnesota.* 
[photographaiwowo] tb^t js my own ; .tfiij* 
IS aunt Margaret Nickeiwin and her q^B- 
band who is in jQan^. ^i^ l8,;hardly iie- 
oessary to ask wbo that ia : U in Jobn 
^(unro^ thi^ iiiurdedrer wbp fpUed my sl^r . 
oii^then miu^dcjed W; bgw coiild b<B d^ 
s«p. He CJobnMunr^eJ tjiibugb^ ^^^%t^ 
sistor, in Mr. Trainers bouse, at ovm 
Rojsk, 1 am Po^t^ve be, brought It, foif.i 
askpi^ him for oneal tlie sam^ time,apd he 
p^^mised; to give ine one. that U tM 
«t.me photograph. She had nbother^ I 
would know the child's drcfw, it was light 
brown, i got fhe material in John Arm~ 
strohg^s. It was made up for my sistw 
first. , V^hcn stio went in black fur m^ tar 
tber, and her child was born, (the ohitd's 
pan^e wns JGUIa S^ay Munroe), I b^l^ied hef 
to rip thac dress up, \fi uuke two for her, 
little child. [Ohild'ii dress shewn J That 
is the same dresa, like the one shewn in 
Coiurt the other day4 There ; Ik nothing 
truer on eartu, than tb»t is mysistej;^ 
ebiid's dress. >[Anoth^ dresp. shewn.] 
r^n't say [positive about tUs. 1 donTt 
know'tbivt I 4ver saw ttie ehik^have itPn!. 
Tiie chiM had two white bleached oottba 
skirtA with narrow ^ffoelietted initertion 
around the neck And aleeves. [Skirts 
sliewn.l She bad ty^q tfith the same pat- 
tern ,of^ cjfQCheit as this. Don't recollect 
wHaV kTrtd ofli ha* the child bad. Wtreii 
I wtis homi^ irith her, it hitd It pairofblu* 
airf wliltc sfM*ln|8. [Button shewn] 1 
hcrer iiaw heir hatci tiiiy buttons like that. 
My sister: b*i(! a^fJifitsol. 1^ biiught it : ft 
was i\ vcty datJb' t>!*^wn'. ' ' [ParwHU shewn;! 
It looks darker tbaft'^tfi« W I boujfbt fo^ 
her. 1 afai not= 'fiesltivb tihat thics- 4s th^ 
iiaih« '; the hatidfe ik exactly like hdr's. 
«hb had i kind off it 'fum»y «hiped scfent 
bottle ;1 should khdW'iti -[fotae* J*«(wb'.] 
Y^, that bnttfe eairfe Aut on>r. «Ardi*|^ 
tH* H/nitkdatfi^t«^,Maryfif]n(b««V, 
\^atfoterili«r#>^^H, a^iiepi«kMU 



upunt 
put it 
sister 
henalf 

sworn. 
amObJ 
About 
ordered 
and CI 
Monro4 
Wm.sl 
Office ; 
of poli< 
He undi 
and I c 
better i 
self mij 
had betl 
He said 
tell him! 
8aid"hc 
Garleton 
many a I 
she had 
by her fa 
timies tb( 
sons for 
Cordamn 
not to sc 
she had £ 
He said 
little toni 
A'om tho 
on picasu 
think he i 
and she i 
told hern 
be j^aid ht 
tlemen,an 
that Miss 
not want 
to keep ai 
on board ; 
she /fot ne 
where the 
wdpted to 
was but a 
sbe expect 
going to 
pnas for a 
went to th( 
said he ai 
American 
to' see her, 
seen the pe 
next day h< 
she still ha 
ed- '8he s 
John again 
leave the n< 



mmamm^. 



tuttmif^iif. 



'^ 



verSr 

gra#, 

in box 
lebox 
1 JdbQ 

ither*s 

)rot,bct 
desdta.t 

» Jwn 
iy slwer 
[a he 4o 

ither, 1 
rais light 
hn Arm- 
ny siswsT 
>vmy la- 
ohiW> 
ilped her 
> tor her, 

1 Th** 
ihewn in 



put it on my mantle piece tj keep. M^ 
sinter took the bottle frgin Joe, and kept, it 
henalf. ? , 

Kirorn. Ibclonff totbe Parish ot Portland ; 
ai4 Ohiel of Pofice of tU Parish of Portland, 
j^bout the 2l8t of ^epteokber laflt, I wati 
ordered by the Coroner. Attorney Genera), 
and Chief of Police to go. and get John 
Mnnroe. I got hm in hit. Cralt'a,' Pi-inoe 
Wm. Mtreet. We w«bC to the City Police 
Office; after that W0 retired t6 the Chief 
of Police's Room, off th0 office, uft 8tain. 
He undertook to explain the affair to U^, 
and I cautioned him. and told hioi he ha|i 
better not ; as the Chief of Police or nw- 
aelt might be called on the stand, and be 
had better be eantioufl what he said to us. 
Uettkidwhat he wonld tell oshewocfld 
tell bimmlf if he was pat on the stand. (Id 
said **he waa intrpdnced to this girl first in 
Carleton ; that he had went to seo the j;irl 
many a time^arvi ehe had % Child. He said 
she had some property that was left to hen: 
by her father : ana she had told him several 
ttmles that she would sell it : that hor rea^ 
Hons for selling ii was onacciouniof dis 
cord among the family ; that he adTlncd her 
not to sell it. He had a*icerta1ned that 
she had sold it to a man named Littlehale. 
He said Uist F^ be was going awa;^.on a 
little tour to Boston with some gentlemen 
from the city, partly on business and partly 
on pleasure ; that the day before he kit (£ 
think he said Sunday) hd went to see her, 
and she insisted on going with him ; he 
told her not. and on her asking the reason, 
he f^aid he was going along with sonie eeb- 
tlemen,and did not want h^r to go With him . 
that Miss Vail told him th^n that she did 
not want him to have any care of her, oii4y 
to keep An eye to her and her truubt while 
on board ; she did so in tbe boat, and when 
she ;^ot near, ot i» Boston, she asked bim 
where the Co^miBrcial Hotd, Was, as she 
waoted to go the^i^. He told her that it 
was but a secoii'd'clase bote!. She tpHhIm 
she expected ta.meet amantbero, wjbip was 
going to marry her. Hhp was going to 
pats for a widow wmnan. He said she 
went to tho CommercuJ Hotel, I think he 
said he and his oompatty wmt to the 
American House, Thene.xttlay he W<ent 
to' see her, and she told him sh^ had hot 
seen the person che expeicted to see. The 
next day he w;ei^t to see her again *, and 
sbo still had not seen, the mac she eiqpect- 
ed.i'&he 8aid<she wouUflo back t<»!St. 
John again. He txAi ber tnat be would 
leave the next morning for New York, and 



thuk M #kJi M^iHi^ Wk b^ ji'air.'^tHlii' % 
would not g6 diiwn by boat. When he gbfc 
back to Portland he saw B<dr there on '. her 
way back. , tt^ kaild vrfifle on the way to 
St. John it blow T^ry hard, and he did not 
scehrtr' but once 0Tif.de<;k till ^hey got to SSi. 
Johrt ; she tffen aiiked him to giit a obach 
for her. On ^oing to the hotel she as^eld 
hith how far it was tp CoTliQs'in, as slto 
waQted t6 g6 Pet th^. He told he^'lt 
"ihurfrom twetre to miitn' miles, and he 
prohiis^ to dritp her Put. Vit said hjn 
did drireher out ; H Was miiddy weathe^, 
and triey did not stop at Bnnjker ^. 

After tiiey drbva ouV a piece pn the 
road to Collin9*s, he took her , and 
tlie qhild out of the coach, and . they 
walked on,'artd setft tbe coach back to 
Bitftker^. After they got on a piece sh* 
went athead, and after awhile came back 
again and said the parses were not at 
home she expected to see. Him and bier 
then walked back to Backer's, and took 
th<^ Coach' and came hotbo ; that the under* 
standing beti^een him and her Wa» 
that they shob Id go out again; they did 
go out' a second time. Ha turned the 
conohman back again about the same 
place He said that in coming baok 
the first time she oompUined about 
^oinfiback to the Brunswick tfouse, as 
she was afraid her people would,ascertain 

She was ther^, and she did ootUka the ooo- 
udt of Mrs. Lordly. He hanied two or 
three other bpti&ls, and he thought she 
selected the Union Hotel, in Union Street. 
He left her there. The second time they 
went ou^ he turned the coach back at tlie 
same place he did the^rst time . She walk* 
ied on ahead again. She came bnck and 
told him the parties were hotne that she 
wteutdd to see, that they wonk) bring ber 
in on Monday, and for him to see about 
her trunks fmr Monday's boat. Hesp<^ 
to the coachman about taking her trunks 
d^yn to the steamboat, an^. the coachman 
promised to d6 so; that when he saw the 
coachman there he had nipt brought them, 
but proinii^ tP go back fbf them then. 
M said the tninlu were brought, And that 
he. only just had time to sbake hands With 
her.andthatwasall, and that he had not 
scan her dince. He said aboiit six weeks 
a^ Mr. C^ft told bim that be had seen his 
girl in St. John, but he did not know 
whether it Was the case or not. " That was 
all he ToluAtfered to say; he did not say 
who the child, belonged to; 1 uaderstoou 
that 1^. Ciaik was tlia :Bian. who kmt the 
praetrVbdre I ftond' MnriM Printo Wfl- 
Uam Street ; ho did not s vy at what IRftMe 



# 



ir»ft i9^)Ui#T- 



111' 
till 



, tho woinan slopped, bat ibiU the Mtd the 
im^ f Qing til titay ttil Mundnf . • 

TliiR diiMwd tll«evidene«^ 

'|1ie Coroner (old the jfury this wnn all 
.the evidence he had to offer If it v,m ne- 
oemary he would read it to thorn, if not, he 
vronld fire it into their pottMWion. It wan 
^hrfr duty to nay who the parties were 
whoee remains wereiound ; it theycaroe to 
their death hy Toul means, and it' so, by 
, #hoae hai^ the de«d was done. The Jury 
only required the evidence and letters 
banded t^ tb«pi« uid they retired at Aye 
'o'clock. ; ' ,i,^,\, i 

After an abnenee of about three qoar- 
ters of on hour, the Jury returned the fol- 
lowing ierdict : 

" ^bnt the remains found were those of 
Sarah Marsaret Vnil, and that xhe came to 
her d^th bv a t^istol shot fired by the hand 
of John A Mufn-oe, on the Slst day of Oc- 
tober, 1868. A^second verdict in writing 
reconnted that they had also found a ver- 
.diet of Wilful Murder afiminst John A. 
Mnnroe fur the murder of Ella May Mun- 
jroe, infant child of Sarali Margaret Vail." 

' The Coroner then made oat his warrants 
eommittintf John A. Munroe to the oare of 
tfie Sherifffor safe keeping till set feee by 
duo ooorse of law. 



Examination before the Police 
Magistrate. 

On Toevday, October 6th, a preliminary ex- 
amination wat commeneeil Wfore H. T. 0I1> 
bert, E-q., Police Magistrate, which was 
^ntiooed fram day to «Uy antil the llth, at 
wbiob nearly all the ^tneske* who had tMtifitd 
at the Ioqn««t wero examined by the Magis- 
trate and rfquikc-d to enter into reeoguieano'S 
Jto appear at the Supreme Court. During the 
"nvMttgation tb» following additional teeti 
moay waselidtcd: 

STLTBftTSa I. BAWLB, 

■worn. I am a medioal praetitioner of 8t John 
and alito iJoroner for tM City and County of 
fit. John. I have made an inquiry into the 
death of certain pvtiea. lufomiation wa« 
civen to me that remains were bin? at Loch 
L mond, aitd I went out there and took posaea- 
>ion of, them. William Dougla-* ahowed me 
where the, remains were. The first thtng we 
•awwaa ask uU.baae down. Nmt by waa a 
'lock, apf^rently about a foot ab<*ve the level of 
the mew ; there were seme portione oT hoinata 
iMfiealyiav these, aad tor*ln<f- **t a fMn«l#'« 



rto have h«tea pa'tiUlj eoTtie<l, a^they l*v 
cloce hy the rnek; it nw oav^nHl with Siaali 
kotiKhx atid uma/t/dl^v, dra^ t*'*-**, with iH>ba«1c 
aronthein; fberewi'* tileo a q'l«ta;ty DtHioea 
covering s^tortion of a roWs' U'Ih* nii<l poftiooH 
of (In^fM MMne six inches ImiIow th^- mon*', I 
have no doubt they h 4 bfeo (listui bQ<i b-fore 1 
Kottht^re. Pmm he at>pmiranc« uf the bone« 
it wax evident the r»mtin« h«<i been eaten by 
wild animala. The remnfns were th He of an 
adult hitman bjinr^nd alto of h r)iiH; from 
the areita and hair I have no douht tne adult 
was a woman . I auide no partfoular esami- 
nation, but ardered Pawsrs^ the (;oii«table, to 
gather up tbe 7<«Bain« and take the rn to the 
city. I directed l>r. Christie t<i tak'^ tho akuU 
and f x%roine It— the »kall is that shown. A 
trunk came into my tKMS<>i>aioB frotn Captain 
Chi»hnhB, A,g<lit of tiie inter national Steam- 
ship Com p tny — that pro«ittced i» i ^ . I oataed 
the lat ire trunk a* d found (.oothor one iahide 
of it; there waa also a amall bag fastened by a 
cheek to th« h«adi4 of the Inrge trunk; check 
produced—'* 706 New BBgUnd^-~it( it. The 
trunkn with their conient* have b'-er. in my 
pusae«»ion since they were hanrlod to me. 
From all the sluns I «»« on the ground I think 
the reHiains had been covered; I alao saw 
where the branches had heon cat from the 
btaiiding trees the cuts on which corresponded 
with t).ose cover ihg the remains. 1 koow 
Kobert T. Wordeu. the ooaohmau. I heard a 
statement ftpm him and took hiui out to see if 
he could describe the place where he had left 
the woman and chilu. there were several 
jurymeit going out. but they were kept back 
so that no hor«es or waggon* shuiiM be seen 
near the i^put where the remains were found. 
I drove on. the Chief of Police and t on tbe 
front seat, and Woiden behind. Wo drove out 
on the UUck iiiver Kdad about half a mile 
from tbe Loch Loaiond Bond, and a mile or so 
(roui liunker's. I thought I Vjould drive 
Worden pfst the spot, but whm 1 came to 
about four rorfg from the spot where we turn off 
he said, '• We are near tbe spoi—just by th-t 
pool of water is where I put thein oat of mf 
coach." Tliat Was just about abreast of whei e 
the temains lay about 14>0 feet b.ick from tbe 
road. I have no doubt from the hair and 
clothing found there that the icmains Wvre 
those of a woman and chiid, 1 have examined 
th« skuU, and have no doubt Imt ti:e hole iu it 
WM caused by apistod shot|and I believe death 
r suited by \- bu let enteritg the braic of the 
wt)man. When 1 saw the remaiiis 1 was oen- 
vinetd that they had lain theta from the fall 
previaus. 1 was led (0 that cou elusion by tbe 
atau of the brush, the olobing and tbe Ihisee. 
1 made the rvmarfc at tJie time that tbey mu6t I 
have laid tl,era since last fall. 1 know the 
prisoner. John A. Munroe; he CulIeJ to see me 
during the investigation 1 was ho>ding onHhe 
remHius; he made a statement t^ me volnn- 
taiily, without anr induofment bring hold oat 
by m« fur hisi to dtt io: he Was a ti«ie man at 
the timet ^t <**^"** ^ ^J ^^ ^ ■ ^^ Wilttam | 



THB i^Qfilf/t. 



■M 



HOlM<ic 

lit itiuaa 
purtioofl 
inOM', I 

If'fore 1 
te boo«« 
eaMn by 
■(« o( An 
H ; from 
,ni «dalt 
ir exAtii* 
ittable, to 
I) tq (he 
tho ikuU 
inwn. A 
I Cnptftlu 
1 dtMIB- 

l0MB«d 

>ae Ui-ide 
lentd by & 
ik; ebeok 
it. The 
en in ray 
rd to vc> 
lid t think 
[ nlao MW 
; fromthe 
■re^pondtfd 

1 IlKOW 

I b«»rdA 
ui to see if 
le had left 
ire Mvcnl 

kept buck 
lid bewen 

cfre found, 
d t on the 

drote cut 
half a mile 

1 mile or stf 
&uld drlTC 

1 came to 
we turn off 
u»t by th^t 
oat of my 
etofwheie 
k from the 
I h»r and 
maina vi<t* 
■e examined 
leholoi^it 
eU6v« dtatb 
brain of ih« 
1 «a« oon- 
om the fall 
ision by the 
d the b%»(ie«. 
t they must j 
know the 
^„ to see me I 
,ding onHhe 
V me tolni»- 
.ii«noldont 

fi<M matt at 
(b ^*iUlam| 



It 



into ttfvbaek ofi)e wbil* Hoop •tof«'d in tbf 
front o«o*» It wa* tke d«»» I toi)k Worden 
out to tneptacM, attMOttiit lOth of September. 
He tlipu awked ni« if I was ready to take him; 
I told him I WM not prepared ; he aaid UiinK* 
looked very bUck aicninat hi<n ; [ repUeJ tlint 
tVey 4i I— iliat I had juat Rot in from me dl«ck 
Ri«rr iioad. He told me about the Vail giil 
iu Carleion end her vhil I; be (old m« it wa« 
ahe aud ner child he took outuu'ler tbe a>i- 
■um»i name of Mr*. Clar^. and that ahe vi,!,. 
ed to make it appear that ahe wa« f widow ; 
there waa a perfon out there would marry her, 
or word* to th^t efl>?cti he thought he wa* a 
paluier from 8t John. Tbe reaaon for atop- 
ping the eoaoti where he did waa far fear thia 
peraon miitht ae« her in hia company, and he 
miffht not like it. He watched her till ahe 
walked down paat t^ollina' romd. I aaid, "ahe 
didnolgoint^Oolliui'. for I have juat eome 
fr >m there.'* Ni. he a«id, he watc)i«d her till 
ahp paaaed Ci^llina' road ; he aaid after that ahe 
came back and aaid ohe did not aee the party 
and ao th<>y came back iuto Bt. John and went 
to ItakeV Hhe I«*ft Uta Lorlly'a beeauae 
Mra. L. 8Ui>pected aomethinf;. and i^he did not 
like to KO back there) ahe did not go b^ck to 
Jjordly'a, but atof ped at Lake'a, who iteepa the 
Union Hotel. Ue told me before that ahe 
w mted him to Ukc her out in a waKKon, but 
he did not wiah to be aeen in her company , aud 
thf-refore |he took her out iu a ipoacb. The 
second time they went out they stopped at ttie 
same place, and had the coach seut b<ick for 
the same renaona ; after they got ont ahe lelt 
|iim and went ahead with h«r child; ^fter a 
time ahe retuincd to him and aaid »he waa not 
c> ming in that night; »he had aern the persons 
and they would drive her in on Sunday after- 
noon or Monday morning in time for the Ame- 
rican 8teauitr: he waa to have her trunks 
taken dowt to the American ftteamer on Mon- 
day morning, wbica he did; they were late 
e^miHff, the last l<ell W4a riugia«. »nd Ite h id 
Juat time to get them on board tiie boat and get 
on hiiuaelf.and juat had time to alip the ebecka 
in her hand and say good bye. I adviaea him 
at once to s«'nd for her, and I thoutcht it w la 
the only thing he could do. He aaid he did 
not tliink be could find ber. and ho had aeen 
Mr. Ttioiuaon, who bad adviaed him uot to do 
ai. »r worda to that effect. I told him I did 
r.otaeehow. Mr. Tbomaon could (rive him such 
■d\ ice as that, aa if alte Wi«s iu Nkw ITork or 
Uoatou there would be no diifi:uity la finding 
her, or i( ahn died there a certificate to that 
4 ffect could be easily produced. He said he 
did not want a warrant to issue but would give 
himitelf up, and come round to my officie agalr. 
about du!«k. These statementa were all made 
▼oluntariiy, hs I stated befiire, withonl my 
having aent for him. 1' was present in tie 
I'olice Ofiioe when b« waa taken before the 
Police Magistrate. Captain Jones waa there. 
1 remember the Magi%tmt« cautioned him, 
and told h m boc to make any ■tattmenta t) 
anyone, hot to say what bo had to say to bis 
Oouuaet. That wa« at the time tha Magiatrate 
divtctcd the Chief of PwUeo to take ohmft of 



Id-n till morning. Thf> Chief of Police of gia 

city waa present a- tlic time. J^ 

FHILBAXOR XANB OBB&K, 

when ealcd, wms urged Vy the Magistrate to 
retrain if posdble, tion the ezliibiti'tn of hny 
feciiug agaiow the priaoner, aa it waa a oa4e 
iu which thoy were 4II intereated, auJ it w^a 
their duty to cinduet it aa in view f a here* 
atter. Wilneaa replied it Waa a hard civ«e, but 
ahe wauttd justice done. lo going ovor tne 
family, she stated that her t«tber'« nnoie w«s 
John and her toother's name Mary, both dead. 
Tbe first pl<ioe witness saw Munrii« waa at a 

Siic-nio »n McCarthy's grounds, in Carleton, 
our years ago. SMa and her.siaker otayed ou 
the grounds till fire o'cloek. A* thuy cam < 
away MunrvW and another gentleman wvra 
behind tliem. Her siaiur took a etonoand said 
•he could uot hit the tree in front of them. 
Munroe came up and said, ** t bet yon h quar- 
ter you can't Ntrike the tree." i m-^de the 
eame reply to him. but 1 did not hit the tree. 
Munroe, wiih my sfater and I. eain^ d jwn th<) 
road off the ground 4 together. Q.- walked 
with me tn my hous4, at Mr. Kphralm F ito .'« ; 
my aiiter asked him to c >nie in, but he said he 
Jiad uot tim>-, aa he wanted t^^ citch tlie bo t. 
She toll him t'lootu? in agiia and he :tij aj. 
He thought I wu not a married wnmiu any 
more than she was ; he thomiht we were two 
gir^a keeping houie alon<i; I w^nl to the ha- 
reitt drawer and g t my marriage crtifloate 
aud I ahowed it to him. U « aaid, " 1 know 
you now— you are married to Crear in town." 
He said be was arquaiuted with him. So [ 
left them iu my trout room tug^th.r, while I 
went out to f e: tea for my huaban 1. VV hen I 
went in the room mr siate** aaid, '* I roust go 
home;'* Munrot; naid, '■ t muat.ijo also" 
Both went oat together; I watched tha.n tiU 
they turned down U iwley s Hill. I ail not 
aee them together ti!l the foilo«vin<< week, 
when they c^me t-j my himae on Monday to- 
gether; they went aw-ty together I wig after 
dark as they did ttefore. I saw him a<ain .at 
my house on th<J next Sunday, when h^ cdiao 
there to take tea; rar aister waa there, tie 
denied being a married mm. but aaid it wai his 
brother Ueorge w.s rauried.' I told him he 
'.vaa a married man ; he only lau^heil at mc. 
He uaed to come b;ickwards and forwards to 
the house, and he and my stater used to meet 
each other out walking. They kept on thus 
till father died, on the 10th December, 1867. 
I then went to stay with my aiaier, Sarah 
Margaret. Munroe liiaed to come in and out of 
there. One Saturday he c^me in while 1 wa* 
there while I was sciubbiux; my sifter wan 
sitting alonghide of tho cooking stove; rhe 
began to jaw liim about h-iw he had iieinetid 
hei, and ha went over to ber and a tt her on bis 
Up. 1 tol4 him he muat want a load; h) aaid 
he couIj hold four or five the aame 'way. She 
kept on crying. At |hta time khe waa in the 
family way. He said to her, '■ Maggie, if I 
get some poison, will yon go and p daon raj 
wife V*^ I raised wyeeK en my knee* and talc, 
• • John llnttroe, Uic dajf may eome when 1 ga^ 

. hiu i^MiN(»i(| iftiiw.oa vtuii 10 A-^'--'i 



int kKavJftMP, 



m 



vm 



hurt to fote^ thli urKiiint joh.** I uAA it fh 
fun. not tbinkinfc it wnald ovMr onme to thii. 
or tbkt I ■hoMld b« oalled an to do it. A (tout 
• «;cek or a fortpiyrliK after tie oun* back ajiiiin. 
aly,'»i«ter »r» ••litinff in my fAtber's front 
rbom. Munroe and I were Ktauding ih«re. 
Hbe wa«niii1(inK & RTfM time at^oiit ber father 
beiuK dead, and Miid t\\r hod no fiirnda left her. 
He aald, •« Alnt I a fViend to you ?" « No," 
tfltd Fhe, "you aim— go home toyotir wif<i and 
ehlM." <*M;apKr0.'.' caTd b«, ••irigetaomo 

!>61aon, will you uo tiid poison mr vlfe f9r 
ne }'» 8li(< told hitb t>h» would have nothing 
1o do with it—to po and do it bim^tlf. W* an 
then raine outof tlin front room together. Me 
did not stop lorg in the kitchen, bak went 
AWiy. T did not ioe him but once again till 
tliii cbild w^n ttorn. Witne^f here proceeded 
to recapitulate her CTidf uee 4a >o the rupture 
off the cbild, and the making of the trnaa out 
it a leiden bullet. 3he cohtlnued: Three 
t^eeka after the child T^da horu Munroe came 
t(» the ho^ie. 1 h'ad the child In mj arms, ait'd 
I »aid. "John, how do you like vour child f 
Re »m, ** It is a pretty little thing. It looka 
like ita mother ." He went into the room where 
my sister was, byt wbat passed 1 do not know, 
1 hive gone on several occavion^to Munroe to 
get mo..ey to defray the (Xpensea attending 
the child. On onii occasion, he a&id he had no 
money, but wodld bring some over; he did not 
c 'mo, but aent a boy with a note and tiiree 
dollars in It. I buuld not read writing, but I 
h^aro it read ^loney came on several ocov 
siouB, and once I t;ot a letter from the Po^t 
Oflice with tlve dollars In it lor her. Mr;., 
Croar stated that on the first night of her 
artiyal shv tO!d the' Coronrr of the request 
Munroe made to bet sister to poison his wife, 
butd.dncTt say anything about it at the In- 
qaest, b'cause she waa not asked as to aay 
lonversatioua bbe had heard between Munroe 
and her slater, and did not wi»h to stata any- 
thibg but in answer to what nlie was asked. 

AB^AM w» craW, 
ewom. 1 Was "born in Carletop, but I reside 
fn St. John, t have been keebing public 
house in thei citrJ I know the pmoner, John 
A Munroe. i havu seen Sarah Margarat 
Vail, but was not well acquainted with her. 
I knew het father very well. About eight 
weeks ago, £ siiotild judge, Mr. Munroe came 
into 118 Prince Will&m Strett, and iti ioking 
tvitb JiIAi I aatd I saw a Itidy enquiring fOr 
kim. He asked me who it wkb, land I said it 
was Margaret or Mias Vail, of Oailetooi, I do 
not remember which. He asked'me where Che 
tvas' shopping ; I 'told bfni I did' not know. 
On Che day of hia ar^est^ Muhrdle 6atae in 'with 
ftobert Bustin, priaonef'v brothetO^orge, and 
William Koop. Munroe asked me if i had 
seen Miss Voil either five or six weeks ago— 
the time I was telling him beforeamud I told 
li<m Idid noft,— it'itr^a only ajoke.for I had not 
seen her, but nid it hearing th4t Mnnrpe 
liied to go then. Munroe tlieu s&id hn 'had 
tt^give hhniioirup to theCbiOtier at s^z o'clock. 
I thed saldl'^tmltt «') tiH CKitetiMx and see her 
MiMdi, ^th 'Wfaoini ^aa^icthslnfMa,' a'nd' be 
back ia tim* enough; prisoaer did not acqoi- 



eaee, t^^t Robert Boatln tod beorge Mmiroe 
did. and gn« me k horae and 'eartiaue to go. I 
do not know who the man was who droT« me. 
I taade enquiry among her frieirds and ro< 
turned about seven oVioek, but Munroe waa 
then arrested. I had not been able to gain 
any due tOheK bat acme psrtias sxii they 
thought the^' h«d seen her. I aaked Munroe 
if he had e^^r been out to where the bo.iiea 
wore found wfth that woman, and hesnidhe 
had been onoe within half or thr(>e qnsrters of 
a mile of the plaice with Milk Tail. Nothing 
more #as sah). 

Ater'the evidence w«8 oloaed on the part of 
the Grown, it was read over to the pilsuuT by 
Mr. Chartea Chandler, Olerk of the Oour-. 
The Maj^if rate then briefly summed np the 
evid^iloe as proietlted to hi.... It was clear 
that a murder had been ecmmitted. A aura • 
ber of Colurtod people in berrying on the plains 
caide upon theremnias, which by somemeana 
had became exposed ; information {< aent to 
the a|Uth6rliIe«, and onexaminatinn a skull is 
foirnd with a bwflet hole in it. It iftight be 
said that the woman had gone (o this spot, 
ant} after murdering het child had driven a 
pistoHhot into her own brain, but from the 
evidence it tras clear th«t a hand had been 
there otter the d^ed v.a» rjomin'tted— the bo 
dies ha i been covered with mnss and bruHh, 
the latter eat firom the trees near by. The 
next question was, who was the person mur- 
dered r He thotight the eviden'ce most clear 
on that point, and even th6 prisoner him> 
self must aoknowledffti that it conid be no 
other than SaraK Margaret Vail. Her irientii^ 
ficatlon was most eom|(>let«, even torhe clothes 
she Wore. Then who comtrlittcd the de^d ? 
Here tlU teitimtmy was equally strong, point- 
iiig directly to the prisoner, the stateinont he 
hiirisflif had made tending not a little to eoa> 
iivm the buspiciuna existing against him. But 
ha had Stated that he saw her after (ha visit, 
tt at she came to tho boat, and he had jnst 
time to bid her good by and give her the check 
for her trtlnk which he had caused to be re- 
moved from the hotel. The Magisii^te had 
caused the stricteiteuqnirt' to be made in the 
ueii[^hborhoo4 of the murder, to see if- the 
statement of the prisoner could be corroborat- 
ed, but it was clearly ohown that stich woman 
and child had not been any of the houses nor 
aecn ii| the neighborhood, the trfinka had eome 
back from Boston, hut it brought no news of 
the woman, and every oircainstance pointed so 
strongly tQ the prisoner that the Magisiratei 
could hot do otherwise than coinmit him for 
triai. It paused hi,m sorrow to seo him in such 
• posttilim, and' he trusted that h> would }«i 
be able to ahow" his Innocence. Yet he Bhoulcl 
remember that he waa mortal, and if iRdeed an 
innbcent man ahould pray carnertly that a 
iherdfu'l Providence would ao graciously dis- 

Eose event* that the dark cloud hanging over 
Im might iMi dispelled. 

< The'Maglitti(e%tta viaibly aflhcted daring 
hie rcmt^rlni tlf t!ki vAmnut, who, at thair 
doae, was han'd^'^fer t« the Sheriff for the 
fittj^me ©♦art.— ^ '5' '*' ' - 



.•1A«1( 



'/ittp tu 

EitBi 

W.H.1 



On T 

o'clock^ 

opened i 

Allan oa 

doors of 

open a 

luid a«6e 

Contt*r«M 

escodNeni 

and hig o 

ingRncfj 

proceedk 

*re you 
trial? 

TlM At 
Ronbr, bt 
Mr. t^ 
Bel fur tki 

Mr. Jor 

here in a 

broagbt ic 
Ttti pH 



'iT 



'8 



■AC 



►JTrtn^i "^^TT .iMl'jfi .'i '>ri),-l ' ,iii-.."ri7r.«i(T "n^iit ?:* I>f»r'!!H '-♦m .TJ^d 




i'^ 



I 




* AJrl Mhji b(:« 



9' I--- - 

laont be 
to coo- 
m. But 
lie visit, 
had jast 
X9 check 
to be re- 
late had 
le in the 
» if the 
Toborat- 
I womtn 
lUBM nor 
ladconoe 
news of 
folmed «o 
afcis irate 
' him for 
. in such 
roaid }4t 
pie Bhk>u'ii) 
^Rdeed au 
ly that a 
sly .di8- 
ing ov«r 

darinR; 
at thair 
kff for the 



■ »!f1 <JU-' : Mir ^-nrf td )Ci!; 

i bna ,no!»iiq<> ntt Uf*»in!4"H|at» ban 
.^^ ^ k'vniiU ortJ f»>f" -'•^JiiiHw, 

Hii tfoaoff Jodjg^e iilan presidiag. 

H«N. A. n. WvnioKB, Mttmeg ihmtnl, 
W. H. Tuck, Esq, Cott»ue/, ^* : ^' 

.. r,.i ,.no#ft »br tke ProMcutioa. 

TtmwAY, Dm. 7, MM. 

On T\iesdA|r 71 H IVeoember, it tvi 
o'clock^ tkd St. |«lia ClrQuit i^ourt was 
opened ki 4ae Cnmi, His .:Ho94r Jad^e 
AUsa on the Beoolk laMiff b«fof« the 
doors of tb6 pbart^tQtisi w^re thfowm 
open » y^Vf }^8l* <iumber of persons 
had Msemd)led in ^ yioipjiti:, and the 
Coarfe-room vataoc»AU«d, tbongb the 
exo^Hent tamn^tttmi of the Sheriff 
and his oflksers j>reirca[4ed «>irer-orOwd- 
ing and josUmg. ^Sj.m bii.'iS^ -i i;'>t»fc 

At; ahMittWQatf mknitfs fftstten Uie 
proceedings eoaitt«M»ed. 

i:ke CIdiartr Mr. AttoHiey Oeneral, 
are yon t9^^' to jpji^pcflp^ ' jf jth ^e 

trial? liOB x^^ <**''" ^^^* 'i*** ^l»i«l« f^i 
The Atterae; €tweral: I Mi, yoiHr 
Honbr, btit I im ftwdting ihn v^iytH of 
Mr. t«Qm^» %i^, I beUeri^ii l^iw- 
sei for thQ prisoner. ;)i. < 

Mr. Jordan, of Coamhl^ftirtheprisoB- 
er : Yoaf Honor, Vr. i'hottilaan will be 

iiere i^.ii^feir itio»^t^:-^.,j^ ^^^;;;,,. ;; 

The pliiuih^ir, 'Metitepiidid Bj^l'''. B. 



WHiiq eilJ )o .tirafifHN no bia 

Moet, Chief pit Foitkud PoMei, ftppearw 

id; r^4 w^^ pisce<f')o ibi ObekJ H« 

tooli^ed eeiiB^ indtflareatanti aaobtiogfd|f 

The Attorney Oeafsral mofed that tbf 

vfineisee en 4ll6 fvoseentten mif hi bi 

Silled. ^ 

The witnesses, vcrf tbe« espied. , 

The Attowwt Gisuax* thsaMovs^ 

for triiU 

Mr. Thomson said :~.Bsft>re trial, I 
hate a veHon to mske. That tho Court 
should nat\(y all rep^trcer« of newspapers 
that darfajr the irinl of the prisoner, no 
teeort of the proceeding shati ' he poh^ 
lished. There eoatd be no donbt that the 
daily pnbtieation aiMf lendtd mnatd pnb- 
Ite obintod, ind that niost injnnoasly tb 
the prisoner, as the eit parl<i staienkeati 
go' oni b(ftfote tne defence ban possibly bp 
hi^ard. He hoped the (jredttemeii nf the 

Ems woald lidderstind hiri<; nnd that 
ehird ht) desire to enrtall tbiir Kbt^rty, 
bnt be wm siUrted that th^y liquid he^ 
esretodo anythtnf (hit eo«(d'po«iibiy 
bpeikte'itiforioitsly a^iaibat a fellow being, 
whose life is ajt su^e. He felt the mort 
iffljp^8ef to niaks the appHcatfbn as tb& 
Isirfe ambtinc of esparie'statempnt, end 
wholly inadmlsiible otidenee taken before 
the Cmdnst, himself^niielnea^erieneed, 
had%eeiik banded in tUknlm, and acooei- 
pijated with aK sortt bf cbiiinients higher 
injnriotts ix^ the tntimti oiir' the priw»ne#. 
He had hraa|(httMi matter ^itfb^ his 
Hoikor Mr. Jnitlee^Fsricer, ii the <^m ot 
SpihiMr. ^9^ tbat Jedge intimated fhit 
ifhefrhqkieo) bad tfadjs ^he appHpi- 
^n earlisf be e^ould m^ rnada the 
order asked foK 'Wi eodiaa of li^tide 
moat hi imooth <tid i^gbiar, ; and, ilo 
tfiiM ' btftllfi Mas any iQri^ iHiiiyt to 
'&ihi#atiVf|ic^ "BM'm 



THE TRIAL. 



i 



b««n prejudiced hj theae new«ptperi, 
and, ftlthougb on thii aconant, h« felt 
how imtll a chance there was of a fair 
trial, yet ha would now make the motion, 
and ask hie Honor to tell the Reporters 
present that TTfTi'ey j^blisinfa' (ii;{]}lt14rfl 
proceedia^iMmctt»lht doMiirf. 



:3U 



he would commit (liem for contempt of 
Co'-rt. [Mr. Thomson resd authorltiea, 
and an affidavit of the priaoaer tfaM be 
thonght aucb publication would prejudice 
tho mind of toe public, and endaof er his 
dtifenot, aai clatiiw thai b^ beMPTe4 Jw 
could cle^rlj eetibljish hi* lanoccooe,! 
Theae casea abundantly ti lUV that aikcli 
is the law cf the land, miVl aik font 
Hdnor te lay dews that doctrine f4nd 
that thoae gentlemen, ir^ile they mif 
report, shall not publish their reporti 
until after the trial. 

Allan, J — If I was latisfled that I had 
^he power to Rraat the order, I would do 
so at once, f must have the power tq 
entoroe thftl ofder< 1. am not clear that 
, 1 have the power tn 1>ring those parties 
who violate lUtCh' an order before the 
,Ceurt, and prder their pUDisbneot a'^d 
imprisenmeoU I ahall be sorry if tka 
jirisooer shoul^ be prejudiced in hia u«- 
faace, and I do deaire that thav sball not 
(do so, but I am ^ot catisfied tba^ jC can 
enforce the order, f should be happy lo 
jpatikt (he prdei* il 1 had the power to cn- 
loroe it. I do make an order probibitiof 
any oomments or remark^ eienoeroing the 
caae while It ia proceeding, Ifeelxltave 
-tl^t power and lyill enforce. 
' lir. Tsoil^jEi-^The!^ I take exoepUon 
to, but do not ottatlenge, the, arri^.} I 
ipimply object that it is irregular. 
. ATToaNvir GsNEitAL— I must require 
jtbo objectiona tn be stated, tlutt nijlit- 
^ntipn may.t>e Cfitled to thenqk. t'deWot 
w4|hi Rhjr m9tre than the leariped ceMnael 
Itp.refort to t^phnicalitiea, but in a^aae'of 
^biji kindf adinciDrder muat 1^ obc^rvcd. 
' \ tM^fojre^iiMke uilaiutemeol now that 
^ 'the^oA«9feL|94y ui^derstapd it. 
, [ThewU PM!i«^ Pf3 then o^^ed ov^, 
and John Chaliato^ifi Pudne Bjreeze^ Caf- 
aoni'iood, 0«c«|i'I>. Wetotore, J^pb^ 
.Marshall, Bdwlh Froitj^ Thoiji^a, g. 
Hanli|g(on. William H. Thorne, Samnel 
,McOurr, Wimam Bfagee, Jamei Loom, 
, Joliit, AraMt'ong* Charlea u. Mju^d. 
Joaeph AWill»n> John Kiabear^ Qeorgb 



IsNpc F. Burpee, were reported absent.] 
Tub Clbbk to the pRisoNia— These 
good men are they who shall pass between 
jrou and our Sovereiflrn Lady the Queen, 
and if yon would c ha llenge them or either 
Tyr IhenA l/SfSiiiaf ifcio i>el)ra they are 



JAkoi 

Josipn fifAirmt called. 

Mr. Thomson.— I challenge Mr. Maher 
for ea«ae~that he baa made up his mind 
and expressed an opinion, and I am quite 
willing tn take the Juror'a word. 

any <nifAfob ll^ia ttois. Thtf quftation 
muatl)e tried ou» Ifl the usual war^ 

W*IL Tysoik ibA C. B» Burahan were 
appointed triera, who were aworn to try 
whether Maker vaaan mdiffersnt Jurer, 

Mr. M4^■R b«iof sworn, replied to 
Mr. TRoMsOir. '1 have expressed an 
npinion several (iaaee, t!)at the evi- 
denoe 1 hiv« already read in the news- 
pa nors was auoh that, if there was no re- 
b Mil evidetober be waa guilty. This 
W|i^t^ teaelt of rf ading the newspapers, 
an^ to that extent it had been prejuaicial 
tb th^ prisoner.** To Attdbitbt Gene. 
HAL-*" I think I ean give a fttir and can- 
did opiakm fimm what I hear da tkia trial, 
ii(»t«Uhsta«ding ^11 I reed iit the news- 
papers." After citing ai^horities by the 
Crown, and sbort addressee by Counsel, 
tifKl Isharge hf tb* Jiidsfe, the Triers found 
tttst Jdf . MaMT Waa perfci«ly eempetent, 
a^ stands indifCiffiit betpee», the parties. 

Mr, TnoMspji nojf , fjihallenged pcrmp- 
torwf, and Mr. Maker waa tbereiipon or- 
dered to atand aside, 'liiii- '!' 

Mr. Duiv>MACLKLumwii^mMMii ibnd 
there being no objectimif-r i i>< 

XhS Clki^^ T«^THKP|tiSQ^— M Pri- 
soner h3> upon the Juror^— Jiiror look 
up'ow >Jf l*nsoner. (2V tU Ouror.)— 
You shail well and truly try and traede- 
\\fmi\Mit make? beMleenaw fivvei«ign 
I^y the (j^en. aa4j|*e V^j^t.w^9tk 
yon ahall have in charge, and a traa Vmr^ 
diet gite al^dfMfiiff i^'lie mUmi, So 
help you God." Mr.Ma6t»^n fUett teek 
bis seat JnUla boil* 

Mr. Galbuii W^i^m waeiBSKt called, 
and Mr. Thomson challfpged iot cause 
again, and Msasrs. Tysob, Bnriiiiam and 
IbiSlenM i«ei« bwAni as «riers. il«ib.| 
stantially the same questions aodaiifsrajri 
irerf giwi^i§ ^«i^ §pdthf wmt QfHirse 



TI1BTRUI4. 



iH 



RAnt-l 
Thea«) 
)tween 
^iieen, 
uiiher 
ley tre 

Mftber 
it mind 
ID quite 

iHftttion 

r. 

lO Vttte 

n to try 

t Jarar, 

♦ \'' ^ ' 
plied to 

•aed an 

ihe •▼*• 

he news- 

aa no re- 

ly. TKia 

rfpaparK. 

rejuaicial 

it Gkne- 

P •n'} CBA' 

ItkU trial, 
he »»w»- 
ie« by the 
CoiiQtel, 
iert found 
MopatMit, 
)• p»rti««. 

eupon or- 

ftUed, and 



o^lltd, 
^or caoeej 
tiiiitun and I 

it course I 



purfued, when Ike Triere fonod Mr. WU< 
BOO iiidifftfnilt, whertttpon lir. Tnomaon 
chailenited him peremptorily, end he wm 
theraanwii nrdtriMl to ataod MMt . 

Mr. Thomas DaLb, ohtHenned for the 
same caune, and Mr. Dale having aoewer. 
ed euhetanitallf aa the other Juror, and 
that he fell perfectly lalillUd that if the 
ofidence w«a different, or nuy rebuttini; 
evidrnoe waa offered, heahou'd be only 
heartilj glad if able to ao^uit the priaoa- 
«r. 

Mr. Ibosiidn--«4 do.aot.Mr« lo |()riM 
the eiiallenf*'. 'w( Xmx -.m''. *t<'ii.>M it 

Alian J.— I eanttot wkhdrap. It fron 
the Triera-Mhey nuet aettla tbf qaeaiion. 

The tiieta found him perf^atly indiSiir- 
ent, and Mr. THOusoif challenged per* 
«mptorily, and Mr. OAUb.vas.Acdaiua.to 
stand aaide. -nb ci cutiittMitti* 

DaTi» S. ROBBETi. 

Mr. TaoMto*. I ehallaoftt for oauaa. 
But I do m>t iHeh H» f o lhn>u|(h the fbrna, 
if your Honov will allow ne aiaply to 
ask Mr. Roberta. 

Allan, J.-^f you ehallenge forcauie 
I muat take the proper oourae. 

Mc TuOJttON -^WeU, I withdimw this 
«balltnge. . k 

[Mr. Roberta waa awani, id Ikwaime 
maaaar aa Mr. 31801011811* aad took t. bis 
teat aa a juror.] . 'i< I ,.<—.u\t' 

Mr. Thomas Ltfoair wit eftlled and 
challenged foroAwae. Two jurdrs haviag 
beeA aworn now, Mr.Bnrsham and Tyson 
woM diacharged a a triors, aud the jurors 
sworn, Measrs. MsoIaIIm add Roberta, 
were awora to set. Mr. Logan waa ex- 
amined by Mr. Thooasoa, and anawurod 
Bobetantially aa the others, adding, that 
he is perfisctlynnprejudtetd aud prepared 
to try the ease fairly. The Judge charged 
and the trieia found him indiffsreaC, when 
he was oballepgaid peresaptorily.byiMr. 
Thorooon. i 

JoKN 0. E»WAl00 waa ohallenged pep- 
emptotiiy.iiithoiit oiuae by :Mr« Thomeea, 
and directed to stand aaide. ' 

TROiftAi'McOM^ikii called, ssid'^ do 
not think I ought to serve on this Jui^, 
I bava mode up ny Hund and it oaunot 
be altered, ii y -• 

Allan, J.-— If that la the case the 
Juror ie not eoaspetent. (Stands aside.) 

Crables a Shaw waa oaUed, . aid 
after some delay waa awota. 

OioKOK QtiQ^ ekollenfsd' for etMO, 



said : *• My opinlona are very decided— 
my mini ii pretty well made up aa (o the 
guilt of Mr. Meoroo." To the Attorsey 
Oknvral : "I think it would have an in- 
floenee upon mf jedg'ii^nt." 

The Triers found this Juror not iodif- 
ftrmt and Ihe challenge was allowed, and 
theJeror dtaaussed. 

Jamu* Da.vu sailed, uaehalieogsd, 
and aworn. 

Ctfrun S. Qodahd, ohallsnged for 
same osmss, hut praved to he eKsmptcd 
en the ground ofilineoa,ayid,i|M,e»paifH| 
aoeordittgly. • n i • ^id ^v^r 4%n 

John MoRniiioiv ealled, ead on tke 
groonds ol illieM in his naUv was p^r- 
mitted to stand aside, but only for the 
preoeat^ liable to be called if tke papel 
beeame exhausted. 

Lujta Stewart asked exemption as 
being a member of the Orand Jufy of the 
County Oourt, but the Judge dQolined, 
and being unchallenged^ wee aworn* 

Jahbs Milliqan naked to be excaaed 
on the ground of illness in his family, 
standa asids for the pressnt, .^ 

Gilbert Murdoch ohalleBged by (he 
Crown. 

WiLUAM PiTKRs ekaUenged peremp- 
torily by the Prisoner. 

Hbhrt Bond, ekalloaged for oause, 
said : ** I huTo often expniNed an opinion 
f^em what 1 have read, but I am perfectly 
aMe to give a irerdiot aeeording |o what 
I shall bear, not what I have hei^rd. We 
often eapresa aa o|)inioa oh what we hear 
or sae.*' Th* Triers tound him indiffer- 
ent, but he was then ohalknged peremp- 
torily. 

Joseph W* Barnbr, affisr SDme delRy, 
was unchsllenged and sworn. 

Asa D. Blakbslkb, challenged ^or 
cause, said— I have expressed no opinion, 
except to aay that I was afraid Munroe 
wa'ii in a tf^ht ]^)ace, but I feel free to sit 
(m the Jui^, ai I fdrm no opmtea ohtil 
T have beard %(OCh eldee. pTb* triera 
found hite •*ifidlir(»wil.*' bnt Mr. Btakee- 
lee was then ehaltonged pe^empterily^aad 
stood dowoi 

OKoRoeH; WHnmro, eallod, unohal- 
tenged, and sworn. 

6RAimA«H HoLLT, tmehallaoged, said. 
— '*I have etprsaeetf ft preity strong 
Ofpiftion, and wottld rather not eit.'* 

Allan J.-«-** I havo no dopht you 
wonld rather not J^t, kal are ypa ao coo- 






30 



TUB TRIAL. 



! ! 

H: I .1 



l( 



firin<>d io yoar Tfewa, thait yon believe 
yon ctinnot give an honeit verdict." 

JaRoa. — ** My mind it etrongly preju- 
diced ag^ainat tbeprieoner.'^ 

Alt.-vn, J.—** Then I think you should 
not serve. Stand aside." 

George N. Robinsoit, challenged for 
same cauae — anid, *' 1 have spoken pretty 
•strongly, and I think I ana anuie«rhat pre- 

i'udiced againat the prisoner, but 1 think 
could aet as an honest Juror.** 
' Allar J.— "I think where a man nd- 
tnita h«) h«« a «trong^ prejudice adcinst a 
prisoner, he is not competent, and should 
not sit oii the iory/* 

The ttterg found Mr. ftobinson *^not 
indifferent,'* and heatoad asiife. 

David MAOicat— Judg ioir froiu what I 
t&v in the papers, 1 formed a strong 
opinion, and thought it an unparalleled 
casn ; bat I speak frbm what I saw in the 
papers, and I am sure my mind i.<i not in 
any way prejauioed. The Triers found 
him indifferant, but he waa thereupon 
challenged peremptorily and atood aside 

Magnus Sabibton, anchallenged. said 
Your Honor I have formed a very strung 
opinion in this wise. I think, if those 
were not the remains of Sarah Margaret 
Vail found at Biinker*s, there is an end 
ot ai) evidence of identy ; and although 
the main facts may be altered a little 
by slight diaparitiea, still I think the evi- 
dence is oumalative, and my opinions 
are strong. 

Allan J.— If I understand yoa, you 
are prejudiced against the prisoner. 

Jnitoa.—- 1 don't think fttcts can be 
altered, 

Allah J. — I think you ought to stand 
aside. 

Court took recess till S o'clock. 

^ 2 o'clock, f m. 

. In sniwtr to '' is Honor, the AtlornAy 
Oentrfti asid h«> jraa ready to go on with 
the trial.. Clierk oaUed Jane* Holly, ab> 
MJit. Oalted Peter Cfaiaholai,. staUd thM 
he had expreased ao opinion en aeverat 
occasions in this ease; io answer to the 
Judge said he considered be oculd ait as a 
juror, and g>ve a verdict according to the 
Evidence ii^ieh mii;ht be g\i«n hereafter. 
Cballenged by Mr» Thoaipson, for cause. 
Fetbk Ciiishoj.m, sworn, (examined 
v.r Mr. Thomson) saya: He has ywj 



strt^hg convictions against prisoner on 
the report which has alroady been cir- 
culated. 

Croi-s examined by Attornw Genr- 
ral — I have no prejudice agains' pri* 
soner. 

Ko-examined by Mr. Thomson — ^I fear 
I would bo influenced by evidence al- 
ready given, and might be prejudiced 
thereby. 

Triers' verdict, •• not indifferen.t.^6'<5 

John Chaloner, sworn— Said he bad 
expressed an opinion. In answer to 
His Honor he said he considered it 
would r^iqnire a great amount of contra- 
ovidence to obange the opinion already 
formed. Ordered to stand aside for 
present. 

Jambs Millioam sxonsed by affidavit 
satisfactory to the Judse. 

Meaare. Carson Flood, O. D. WetvOre, 
Robert Maraliall, Edwin Froat, and Chas. 
L. Richards called, but were absent. 

Thomas Hanii^oton was czcused on a 
certificate from Dr. Earle. 

Wm. H. ThosMs and Samitel McGikr 
called — ab«ont. 

John Wxntkes excused. b«in{r over 60 
years of atre. 

Jambs Looan sworn, 

John Armatron^, Charlea U. Hanford, 
Joseph Allison, John Kinnear, Greorge 
F. Keans, George F. Thompson, and 
Isaac F. Burpee, called— abaent. 

The panel was no- exhausted, and the 
Sheriff waa ordered by the Attorney Gen- 
eral to call three Talesmen. 

Ai.bxan]>br DttFF called and sworn. 

John Dohbrtt called, challenged for 
cause, said, to Mr. Thomson, *• I have 
expreaaed an opinion ; I have no personal 
prejudice against the priaoner, but as far 
as the report of the case thus far ia oon- 
e^rned, 1 bav* bsen prejudiced ; I can- 
not aay I would be as free to aet as a 
juror as though I bad not read the re- 
poru. The Triers found Mr. Doherty 
incompetent. 

Edwim FttftST, in answer to His Sonor. 
said : I am atready ao prejudioed by what 
I have heard in this ease, aa to be un- 
qualified to give a free and impartial 
verdict— diaeharged. 

Amos FALlta, challenged for cause, 
said, l hatre not expv eased a very atrong j 
opinion. I have aaid if the evidence re- 
flMiiSd intact, it wonld go very hard with j 



the pi 

and ii 

cause 

Chalh 

sworn 

Oe( 

Tht( 

Thefo 

chosen 



theC 
charging 
of Sural] 
tipon thf 
been ar 
guilty." I 
W. H 
case for I 
Four I 
The prisi 
the luut 
Murdfr I 
to be the 
of any pe 
John A. 
with this 
^•as occu| 
iiition in t 
aider the 
occupied, 
•r- portent 
whether I 
SarahMar 
J'»hn A. 
*.ll idvie 
appenred. 
when Prin 
a nuaher 
•ng near 
half a mill 
the remai 
"ons kept i 
a vvtk afi 



UHUmiM^ 



«: 



r oauiei 
rj BtroDg 
dettcerb* 

aid with 



tfw) priMMit?. I tlilflk I o»a gif0 m Itm 

and imp trtiai a Terdiftt as a joror on this 
Cfiuse as any man in tbo Court Hnuae. 
Challenge withdrawa and Aoaoa Falea 
sworn. 

Oborge Frasuk •worn. 

Thifl completed th<! full panel of Jarora. 
The following are the names of those 
chosen: 

JURORS. • 

1. Duvid Maclellan. 

2. Drtvid S. Roberts. 
8. C. 8. Shaw. 

4. Jani«s r)««i4. 

5. John Morrison. 

6. Luke Stewart. 

7. Joseph W* Riimes. 

8. Geo. H. Wiiitiag. 
9: James Loean. 

10 Alex. Duff. 
11. Amos Fates. 
,«^./;*i.»12. Geo. Frassr. 

'the Clerk then read the Indictmont, 
charging the prisoner >Vith the mnrder 
of Surah Margaret Vail, and stated that 
upon that Indictment the prisoner bad 
been arraigned, and pleaded "Not 
guilty." 

W. H. Tuck, Esq., then opened the 
case for the crown, nearly as follows : 

Tour Honor and OenUenten o/the Jury : 
The prisoner at the bar it charged with 
the murder of Sarah Margaret Vail. 
Murdvr has been defia(>d by Mr. Russell 
to be the wilfully and malioiuusiy killing 
of any person wiih malice aforethought. 
John A. Muoroe, who has b<?«a charged 
with this offence, ia a )oung man who 
has occupied a high and uspecta^la po- 
sition in the community. When ws con- 
sider the poaition whtob the prisoner has 
occupied, the case becomes all the more 
irportant. Ws must consider, first, 
whether tl:<) remains found were those of 
SarahMar;'^ ret Vail, and scoend, whscber 
Jiihn A. Munroe was the murderer. I 
will idview the facts as they have alteady 
sppeHred. About thre« months affo, 
when Prince Arthur was vtsitint oar city, 
a number uf coloured persons were berry- 
ing near the Loch Lomond Road about 
half a mile beyond Bunker's, and (ound 
the remaina referred to; these psr- 
Fons kept ths a^tter a secret until about 
a wettk after tli« remaiiti wars found, and 



the (ket tbtn beioK eommanioit^d to the 
auihorities, Ca'vio Powera anti Coroner 
Earle visiteti tho acene, and fnunii the 
remains, akuU, &i3. AHerwsrds othsrs 
visited the place and fsuod other articles. 
About two wesks after it was rumored 
that a woman htd, about a year before, 
lodifed at the hotel kept by Mr. Lordly, 
known as tlie Brunswick House, register- 
ed by the name of Mrs. Clarke and ( hild. 
About a week after she waa taken from 
the Brunswick IIuus^, by one Wor- 
den, and sfterwar<ls waa taken by 
Worden and prisoner to Loch Lomond, 
but did not return to the Brunswick 
House, asserting that she (Mrs. Clark) 
did not like the place, and enquired of 
Worden where thov might gut a good 
hotel to slop in. 'i%e Union Hotel was 
rncommeDaed, and the woman and child 
were left there; and her trunks, by 
Munroe's directions, were takun from 
the Brunswick House to the Union 
Hotel. On the vSaturday following Mun- 
roe engaged Worden to take ttie wo- 
man and child to the same place a;»ain. 
They went to the same place on the 
Lock Lomond Road, where the prisoner, 
Mrs. Clarke and child were left. Muu^ 
roe returned in abuut half an hour after 
to Bunker's, in apparently an excited 
state of mind, and hurried Worden 
a^ay without his dinner ; ^ot a drink of 
brandy at Bunker's, and m paying the 
bill, instead of paying one dollar, gave, 
through mistako, two dollars On the 
Mon<]ay morning following, John A. 
Munros was at the boat; Worden met 
him there and was ordered to brinj? to 
the boat the trunks belonging to Mrs. 
Clarke; tho trankH were brought, but 
were returned in October of the present 
year. In referring to identifying the 
remains, Mr, T. spoke of the teeth, the 
skull, clothing and piece ot lead which 
iiad been sewed in the bandage. There 
was no doubt but the remains were 
those of Sarah Margaret Vail and child. 
When the skull is produced to you you 
will see on the left temple a circular 
aperture, which medical men. by their 
examinalioo, have attested tras made 
by a pistol bullet. The trup.k was put 
on board the boat on the Monday morn 
iaf before meotioiied. but no one called 
for it. This trunk will be produced in 
Cotirt here, and wiU 1)0 ideatiQcd u^ 



3« 



TIATtUt. 



i 



h 



yx -If 



beine the trnnk of Sarah Margaret Vail, 
or Mva. Clarke. It is a solemn and ina- 
portant duty you have to perform. 
It is true the testimony will be cir- 
cumstantial, but we find by the books 
that most of the coovictions in crimintil 
cases are from circamstantial evidence. 
Mr. Tucic ofiered to read a report of a 
similar case, bat was objcoteit to by Mr. 
Thomfior). The Judge was willing that it 
should be read, but Mr. Tuck did not 
wish to throw any-matter into the trial of 
ti)< case which would not be fair. He 
had no doubt the Jury would do their 
duty — a duty which they owed to them- 
selves and the community. 

The first witness called was 

MARTHA THOMPSON, 

colored, sworn : I live at Loch Lomond ; 
am twelve years old ; recollect about 
being out berrying there last fail ; recol- 
lect of finding bones there; it was ai;out 
three months ago. Oeor^o Diggs, Henry 
Brandy, Icaac Gables, Prince Fowler, 
Margaret Jane Thompson, my siiittrr, 
Cnroline Thompson, my sister, Mary 
Needhnm, Jemima Lane, and Susan 
Lane, were there with me. We were 
picking berries, and found a skull and 
some clothinj;, I found them beside the 
Black River Koad, on the side next the 
QuBCo Koad, on the left hand side going 
out ; did not see any other bones but a 
skull; there wasn^t much clothing; don^t 
ttiink [ could tell the skull again if I saw 
i^. My sisters were with me. I didn't 
touch the remains. George Dicrgn took a 
stick and turned up the »kull — it was ly- 
ing face down ; saw the teeth ; didn^t see 
Douglas again ; have not seen the re- 
mains since. 

Ci'os» examined b%j Mr. 27ionMo»— Have 
passed by the place often ; I did not smell 
anything when I found them. There are 
two roads} I think it was about a quarter 
of a mile from the fingerboard, near the 
Black River Road ; could not see the 
road for the biishes ; it was a bind of a 
n'ossy place, don't know whether it^as 
^NVampy or not. B u berriea grow all 
.•ifound. 

KcM'xo mined by the ArroHKEY Gek-^ 
ERAi. — Can't <ell how far it was from ihe 
Kind, hut think i( was about a quarter of 
11 uiile frm tli« finger board. Had uoC 



been berrying right at the tame plaet 
that season before. 

CAJtOLINE THOMPSON, 

sworn; — (Examined by Mr. Tuck ) — My 
name is Caroline Thomp&on; I live ac 
Mr. Foster's, Golden Street; don't know 
rightly how old I am, lived at Mr. Geo. 
Sparrow's last August ; was out to Loch 
L'^mond about the middle of August 
picking berries between the Black River 
Road and T^och Lomond ; my sister Mar- 
tha was on ahead of us, and she cried 
out, "Oh ! see here, what I have found. '^ 
It was a skull and two other bones. 
Diggs took a stick and turned the skull 
over ; it wasn't far from the road ; I would 
know tiie skull and clothing if I should 
see them again ; we were picking blue 
berries ; I saw a child's grey waterproof 
and some white clothing ; it looked like 
the bottom of a skirt — this was embroid- 
ered ; kind of a reddish woolen sontag, 
it was faded with the westbrr ; a small 
child's shoe, a blue yarn sock Was into 
the shoe. 
His HoNOa— How large was the shoe 
Witness — (Measuring her hand)— T 
shoe was about as long as my fingers. 

I saw, besides this, some dark elothin?, 
but didn't notice what ; saw a small 
bunch of hair, near the edge of the moss, 
— 'he hair was li?ht, it Wh9 only a little 
way fromthe skull, Which was lying upon 
a little knoli ; there Was a big flat rock, 
it was bare ; the clothes Were only a little 
way r.ff from it ; it was a kind of a 6Wamp ? 
could'nt see the Black River Road tor the 
bushes. We went In from the Black 
River Road, when we went there ; it Was 
about a quarter of a mile from the 
forks and about half a mile from Bunker8% 
I saw a woman's skirt there too ; there was 
some brush lying partly across sonoe of thn 
clothing. It was about the second week in 
August, I live about two miles away from 
the place; it was about a quarter of a mile 
from the Quaco Koad, but pply a short dis- 
tance from the Black River Road. Henry 
Brandy was with ua, thfre was brash tying 
across some of the things and I moved ic 
away, nobody touched any of the remains 
only George Diggo, when he turned the 
skull over; the hair Was under the moss, 
80 I could only see a little of it ; it was 
spruce brush lying over the things ; there 
were spruce bushes growing around. I 
think ( would know the remains il I should 



Tamuiti 



small 
moss, 
little 
upx>n 
rock, 
little 
WampJ 
or the 
Black 
ii Was 
om the 
inkers', 
ere whs 
of »h« 
week in 
r from 
a mile 
lort (US' 
Henry 
sh lying 
noved ii 
remains 
tied the 
moss, 
it was 
; there 
und. I 
should 



set Hnm •gain. (T^nnik (KMitiriBhi| n^ 

mams was brought into Court. [SkttU 
produced,] that is thesanit akttll w* found 
out there. | Chile's Waterproof prodvodd] 
'lYiat's the waicipsMf we found. {Sontsg 
shown.] That's the tonUg, {Uoop akirt 
produced.] That's tb^ hoop skirt. I wasu't 
there afterwards when Mr. Douglas was 
there; that war gthe first ti|he t was out 
there that season. I had b^n thpre once 
before a go6d whl}e ago. [dhde and Stock- 
ing produced.] Yhfti'a tUe aho« and atock« 
ing we found. 

Cross examine<j(..b|r. lilif, Tkjmpsok: t 
badnl beefi on X^jtt apot kefore. tkat; I 
know of{ in wpt weather it was wet, kut in 
dry. not verjr, : 4t this place the two roads 
were about a quarter of a mile apiurt ; the 
leaves of the trees would prevent one from 
seeing the Ctuaoe Road{ the place was 
down in a little bellow, I stayed in the 
plains about an hMir end picked ken^ea, 
but ^dn'i stop only ,a (ttyf anAxMtm where 
tfie remains were. ,,; ^ ...j. , , t 

Qu«8.-> Wasn't the skoU poUebed 
when it wa^ ahowu at tks CtocoBoifa ia- 
yueatP Aoa.-^-yeB. fiai>t . 

Q — Can yoH say that i« tba sime 
skoU whiob vott saw on thej^ains? No 
answer. ^ « t«>v . : • -.(in*,s>;/H 

Q,~ Wasn't? the skall yoti saw oirt 
there black. A. —Yes, but this looked 
like it any way. 

Q,.— Don't you understand my ques- 
tion ? A —Yes. 

Q.— Why don't yon answet ibemP 
No answ<er. 

(His Honor ordered the witnes? to be 
seated, flbd endeavored to get an au> 
swer, but without effect.) 

liti-examined by Attorket OxsrEaAL. 
The skull don't look like it did out there, 
it is eleaner. I knew it looked like the 
tianra skull by the teeth. 

Cross-examined again by Mr. Thom* 

SON: 

Q.— Can you swear it is the samr 

skull you saw out there? No answer 

(Uia Honor ordered witness U> retire . 

colowd; ftWom : I was out thete berrt" 
ing, when some fetnaiiis were foana; 
it was about the first of the antuinn. 
Miii'tha Ann Thompson found them; 
th.' TiompsoD girls went away from us 
on th.^plains; we were flitting down on 



There 
only a^ 
a. 



was 
was 



th 



ground and the Thompson girls 



went OB ahead of «a; heard them halloo ; 
I went to where they were, and thev 
shewed as what they had found. I took 
a sUck and turned over the head, 
was a rock there ; the skull was 
little distance from the rock ; it 
little way from the hair. There 
woollen sontag there ; wouldn't like to 
say I would know it [Sontag »ho\va ] 
That looks like what wutouad out there. 
I saw a child's shoo with a sock in it 
too* (Shoe shown ] That looks like* 
iti The place where these things were 
foand waedn the lett hand side o£ tho- 
road, a considerable dtstanoe from the> 
Black River Road ; there were bashed 
between the place and the road. I 
did not take particular notice whether 
we could see any person passing along 
the road. Henr^ Brandy was with us ; 
we did not remam hardly any time at 
the place, but threw the stielt down and 
walked awaj. t hadn't been to that 
place before. I8k\x\\ shown.] That 
looks like the skull found- The moss 
covered the shoe^ I put a stick down in 
the moss just a little way and rooted up, 
the shoe. Don't hnow whether I would 
know the hoop skut (Skirt produced.} 
That looks like the same. The buah 
laying across the hoop skirt was spruce. 
Didi^'t do anything with the remains, 
but we all concluded we would not say 
anything about it. 

Cross-examined by Mr. Thoi*40h— From 
the place where the lemaina were found we 
couldn't see the two roads, biit we didn't 
look. Can't say how far it was to tlie 
Quaco Uoad — quite close to the Black River 
Koad, though. We didn't stay no time at 
the place. I wouldn't swear that the things' 
shown were the same things fottnd there; 
there were snags and sticks lying across the 
remains ; it was swampy around the rock ; 
there was moss, but no wet. 

tfixtrsL HBtrav braxot, 
colored, sworn : I live at Willow Grove, at 
Lake Lomond ; I can't tell exactly how 
old I am, but think about sixteen. On 
Black River Koad we were berrying It 
was between the Black River Road, abont 
a quarter of a mile from the forks. I saw 
some konee and pleeea of elething, aaw a 
ttkuU and a hoop skirt. I went and pulled 
a small tree or bnash off it — the bn»noh«t 
were dry and the leaves off. It was qnits 
dry there, but mossy. There was noma hair 
lying tbere, too } wouldn't like to swear to 



40 






P 



I' I 



b liH 



? 



I 



anjr of (!t6 tl^ifigf « IC wa« ntis fottr o'clock 
in the afternoon, atid wo oeiu home. Sow 
DooglkB the next Sunday. I think it wot 
TocMlay when we found tbe thlOKs. I wrat 

;^ith Oouglaa the next day, Monday. Mr. 
Charlton, Crozifr, and Hunter went with 
us : I ahowed them the thitigo ; they secrtned 
to be lying Just the aarae as they were be- 
fore. We pnlled up a buneh ot huir ittnt 

' «pfin a waterfall ; didft't do anything with 
the thinjfH, only Mr< Croisier pulled the 
hoop skirt out of the tnoiis ; there waa a 

:; tock 8 little away from it, with no moos on ; 
the hkir waa brown ; I think it waa a part 
of the tame hair which I aaw there the fkni 

i, day i don't tbioH I would know the hair if 
Xahould aee it again. 

CrosH-exaiaiDed by Ms. Thomson — I Ktp 
about three miles firoia Mr. Bunker's, to 
the kit oi the Quaco Koad ; I neTer was 
on that place belure, was about a quarter 
of a mile away from the plaoe ; hadn't 
been there in two yeara before; the place is 
fiituatod between two roodsi, the Quaco and 
l^laok River Roads ; 1 don't know Whethe]( 
you could abe the road from the spot oi 
tiot ; there weire sticks like bu^hos laying 
across tt)6 retnains ; they were quite dry ; 
can't say whether they had been laying 
there lor years or not [Sticks produced.] 
I diun't see them at nil. 

MAROABBT JANB TU0MP80X, 

colored, swom :— I live at Looh Lomoed, 
I was brought up there ; I waa out berry- 
ing there about three months ago ;. George 
Diggs, (naming the others) were with us: 
it was between the Slack River and Quuco 
Roads ; don't know exactly bow far it Was 
* from the fingerboard-^about half a mile ; 
found a skull bone there ;: George 
Diggs with a stick turned ihe skull 
over ; didn't see anything in it : saw 
some clothes and a hoop skirt, but don't 
think 1 would know them, we did'nt stay 
any time i then was little buniics over the 
hoop skirt and a hijt bush bvor them ; 
wasn't there with 3lr. Douglas; vras 
never in that place before. ' , 

Cross»ezamined Yfif Mr. Thotppsoo.— 

'„ I^(»jeot us. took paxticukr notice c^ the 

things ; we all we»t away together ; I did 

not take anf partkukir notice of the things, 

83 1 did not go quite as close astlxe others. 

[The Attorney Oeoeral mked to call 
George Diggs asain to identify the brurii 
which was round orei the remains ] 

Attorney General. — Did you see the 
brush whioh was ever the hoop skirt ? 

Wito«s»' -(brush beiag prouuoed] — that 



lookt like ii/ but. Iberer wasmonr, aakd tiome 
was bigger. 

Cross^xamitoed by Mr. Thomson.-^f 
won't swear that that brush looks like it ; 
some wore whit«', like what would be poll- 
ed ap out of the marsh. 

ISAUH OAB«LS 

coloured, sworn. [£sa> ined by Mr. Tuck^ 
1 live at Locb Lomond : am about seven- 
teen or eighteen yeanrol age v I was ber" 
rying out there between the JBlaek River 
and Quaco Roads the last of August. I 
saw a skulV there, and some more bones < 
i saw a big rock there, and some c^d 
clothes ; a hoop skirt< sontag, kind of red 
and gray ^ and some hair. I think Georze 
Diggs took a stick and turned the skull 
over.- i did not go very close, imd would 
nut like to say that I eould te^them again. 
1 don't think 1 ever was in that sane spot 
before ; wa9 not near there within a year. 
It was further from the Quaco than the 
Black River Road. 1 went with Mr: Wm. 
Douglas to show him the plaoe. I think 
it waa Tueadu^ we found the things ; I 
thi&k it was Monday MIowing., Mr. Doug- 
las, Brandy, and most of t^ gi>li^i and a 
good mfaay others welt to the place. The 
girls who went with us were Mirny Lane, 
SarahLane,Mary M eedham and a good many 
others, we went to the same Dlaoe where 
we found the things before. Brandv and 
I led the way. The things appearea to be 
in the same place where we found them. 
Could not swear to things. 

Cross examined by Mr. Thompson* : I 
live a good waj's from the place, I don\ 
travel the Blaek River Road much, but do 
the other. I never smelled any thing there 
before ; there was a good many of us went 
to see them with Douglas ; wo all left to- 
gether; didn't disturb any of the remains. 
When 1 saw the hoop skirt there was no 
briish oyer the things ; it is quite near tho 
Black River Road; a person e>iuldn't see the 
road from tho place very well, for the trees. 
The roads are quite a step apart ; I tbiok 
about a quarter or half a mile. 

Court adjourned till 10 a m. to-morrow. 

Wevmbsdat MoRNiira, Dee. t. 

Proclamation was made by the Clerk, 
and the 8ix«ri9 ordertd to kwmg in the 
prtaontr. in tbt meantime the Jurors 
were called and antwered to their names. 

Prisooer, •ccooipaoied by ene of ihe 
oily marsbale, entered, and took his place 
in the dock, looking, as usuai, qoita caliu 
and coUeotttd. 



foot 
north 
60 iinl 
the poq 
links; i 
chains, 
white. 
Earle 
wtts 8 






aiisrstiAXcr 



4t» 



ittomv 

fce it ; 
B poU- 



sevon- 
ks ber*' 
River 
ust. I 
bonen < 
me c^d 
i ot red 
George 
e ukuil 
i would 
D again. 
RM spot 
I a year. 
;han the 
[r. Wm. 
I think 
linfffl: I 



•ug- 

I, and a 
58. The 
ly Lane, 
oodmany 
M where 
ndy and 
xea to be 
id them. 

KTSON : I 
I don\ 

b, but do 

ing there 
us went 
left to- 
remainb. 
was no 
near the 
t see the 

[the trees. 
; I think 

[■morrow, 

)(;e. ^. 

ae CHerk, 

„ in the 
jte Jurors 
lir Barnes. 
Ine of tfeie 
1 bit place 

ait* ealm 



*^.,- JOHJf C. W|EI.TO!r» iwom. 
^\$!xamin«l by Aiiomey Oeneral. 
■\ iMy occupation it land sarveyor. On 
t)ie 9tb and lOtb oi Nvvember I went to 
Loch Lomond ; Dr. Earle, the Coroner, 
accompanied roe, and pointed out a cer- 
tain place where he aaid certain remains 
■were fqunil. [Objected by ^r. Thomson, 
'-•bout the remain! ordered to be atruck 
out.] I made a survey of which this [pro- 
ducing a plan of survey on parcbmem] 

I measured from the Norrh-Weat corner 
of Bunker'a hunse, and found it 1 chain 
of 66 feet and 67 links to the road ; from 
that to the forks or finger-board it was 23 
chains end 20 links ; Black River and 
Quaco Roads join here. The right is the 
black River Road and the Icfttht: Quaco. 
Thpre was a place pointed out to me by 
Dr. Earl, as the place where Worden 
stopped with his hordes, d(> chains and 57 
linkaj here was a pool of water. I mea- 
sured from that pool, in the centre of the 
load, to Collins' private road i it was 67 
chains and 68 links } from the cross road 
to the Collins* road is 1 chain and 30 linkfi; 
from Collins' privste road U) his house is 

II chain's and 50 links. Collins^ house is 
on the loft band side of the road ; Woods' 
house is-further on, on the right hand 
sid«, about 16 rods. The next house is 
Moore^s, nearly half a mile from the pri- 
vate road. It is 3 chains and 42 links 
from the no'd of water to where the liitle 
pathway leads in to where a rock lies, 
I measured in an easterly course first; 
then measured south east, 1 chain 
and 30 links ; then I caaae to a small 
foot path, I measured from thai 
north 94 links, direct to the stone 
60 links. The whole course from 
the poql to the rock was 2 chains and 84 
links ; in a straight course it would be 2 
chains. The rock was weather worn, 
white. From this rock to the place Dr 
Earle pointed out wh^a the skull laid 
was 8 feet in an easterly direeiion. It 
was 11 feet 9 inches from the rock where 
Dr. Earle pointed as the place where the 
remains of an infant were found. There 
were s'ime spruce trees- pointed out; one 
of these was 83 feet 4 inches from the 
rock, the other 34 feet ; trees stood 9 feet 
6 inches apart. Along the pathway in to 
the rook it ws« 3 chains and 5 links. 
Between the rock and the road there is a 
fcrvbby igi^^w^h of UMS tviitoma.aiilfrs. 



I put the TMuit who wi« with m on the 
rock that 1 raieht get tbv bearing from 
tho road, b*jt couIdoU see him ; he had to 
hold up dead wood, and I took the bear- 
ings by that. The best stance to see the 
spot from the road is further out — I can^c 
say how far. What I mean to say is that 
the underwood is thicker all around than 
at this spot. The place where Doctor 
Earle said the skull of the infant was 
found was SO fsec from it; it was with the 
other Aemaios. The two spruce trees 
were on the west of the rock, between the 
road «nd rock. [Hii* Honor — How high 
were theyPJ A. — About lH feet. I think 
it is about tialf a mile from one road to 
the other at this point. 

Cross-examined by Mr THOMSoN—'WiU 
you swear that you could nut see a man 
on the rock trom a point on the road di- 
rectly opposite P A.~ 1 think I could not. 
I can't swear that those paths w^re not 
paths made by persons visiting the place 
out of curiosity. It was about 112 feet 
from a point oo the road opposite the 
rock to the patb leading to Collins'. 

Q. — The Quaco Road is on rather 
higher (rround than the Black River Road 
is it not? A. — 1 cannot say. 

Q — Did you not see the Quaco Road 
from the rock? A. — I did not; on the 
right of the Black River Road the woods 
are very dense ; along r^lose by the road 
a little further in «,:*<rards the fingerboard 
it was rather clear, a kind of scrubby 
cariboo growth. 

Q.—- If a person were goini; to commit 
a murder, don't you think he would 
choose rttther the dense wood on the 
right of the Black River Road than the 
other? A — I think he would. It was 
not very wet near the rook. When I 
wiis there the ground was frozen. Some 
little distance past the rock, there is thick 
woods-~that is along the road towarda 
Collins*. Between the forks and the 
rock there are fetches of very thick 
aprnoe, particularly on tho north-east of 
the rock, towards the forks. ^ 

By His Honor: ^^ 

Q. — Is it a clear spot around the rock ? 
A. — It is a kind of barren. The trees 
around are alders and spruce; the land 
is all poor. There is no house between 
this spot ind Bunker's, or between it <iqd 



4S. 



TBI tftlAfi. 



MARY JANE MEMDBAM, 



t;JC 



I 



(coloured,) aworn.— My name is Mary 
Jane Needham, not Thompson; I live at 
Willow Grove : am 18 years of age. I 
Mras out to Looh Lomond about 3 months 
a{(0 berryinff ; it was about four or live 
rods from tne Black River Road ; I saw 
a f kull, hnop skirt, some clothing, child^s 
shoe and eock, and sontag; saw a big 
flat rook there ; jytartha Aon Thompson 
saw the remains first. The akill^asnH 
more than a rod fiom the rock; tre hair j 
was most all covered with moss, 'he hair 
was on tha side of the rock avay from 
the road; the clothing was a little way 
from the rock, tfnd was close together. 
There was a spruce bush laying across 
where the remains werd lying ; there were 
some rib bones too; the bones were lyine 
nn the inside of the rock towards the 
Quaco Road ; there was only one bush 
with any branches on it ; it wai h at five 
feet long t this was lRyia£; t :« re- 

mains ; it was about as far iV«v „ i^ck 

as from me to you [Mr. Toc^— aocat 10 
teet,] George Dig:;8 tutner! the skull 
over with a stick ; there wih <\fi*\i- m it • 
the hnir was light, done up in & wttt,. JtAs 
I do not know whether I wuuld know ail 
the things or not. [Hair produc- 
ed.] That looks like the hair. It 
wan all done uo in a waterfall. [Hoopi 
skirt produced.] That looks like the 
same we saw there. [Skull produced ] 
The ekuli and the teeth of the skull look 
like the s&me as we saw out .theft. [Shoe 
and sock produced.] They look like the 
same ; we did not disturb the things, but 
left them as w« found them ; we went 
right away. I never was in that cpot be- 
fore. It was on Tuesday we found the 
remains ; the next Monday we went with 
W m. Douglas to the spot. Brandy point- 
ed them out; they were just in the same 
condition as when we first found ihem. 
""'Ve found more of the hair; Mary Cor- 
b) took a stick and pulled it all up; it 
was pardy under tlie moss near the rock. 
We leit the things just as we found them. 
The remains were on the side of the rock 
towards the Quaco road. The child's 
shoe was under the moss too, near the 
other remains. 

CroM-€xaimncd by Mr. Thomson : 
*■ We only stopped a little while after 
Wti found the remains. It was a wet, 



mossy place ; but not wet enough to wet- 
our feet. There were lierries all around ; 
it was olose to the Blatik River Road ; 
do not know whether we could see the 
road or not; wotild not swear that that 
is the same skull — it looks like it ; the 
hair looks like the same. 

Re-examined by Attdiiiey Ckneral : 
The skull looks deaticr than it df!(T 
when we found it, and the top is oflf of 
it now. We onlV staid i little while afr 
ter We found the rcmjUns- The hair 
was close to the rock. 

Re-eaanineti t^ Mr. Thomson : 

The bones and hair were all on the 

side towards the Qp^^o Road— hair 

nearest the rook, i .". j, 

JRe-examined by Attorney General: 
It was mossy around, but not very 
wet; I did not see any water. 

PRINCE rowLEn, (colored) sworii. 

Exanunedbu Mr.Tack: !,'j , , 
I live at Willow Grove ; do hot kridW 
how old I am ; it was summe^r when I 
and Di^gs and others wei^ out near the 
Black River Road berrying; saw a skull 
b<me some clothing, a sontag and some 
hair; saw a rock there; the skull was 
about jis far from me to there from it. 
[Witness pointing towards the clerk's 
desk, a distance of about eight feet] 
The remains were on the side next to 
the Black River Road ; there w;is a bush 
over the hair , I do net know how long 
we stopped ; did not touch the things ; 
nicked a few berries and ttien went 
home. Never Was there before. I 
could not sWear to a.ny of the things. 
Cross-examined by Mr. Thomson, : 
The place was not very wet, it was 
kind of (lamp; dijd not wet my feet. 
There were some bushes around. Never 
was there before. 

JEMIMA L4IVB, c(Jored, sworn. '^^^ 

Examined by Mr. Tuck. " """ 

I live at Loch Lomond ; am IC years 
old. Was near the BliiCk River Road, 
picking harries ; do not remember what 
time oT the yeir it wa^, only it was fhii 
summer. Saw a skuH, some other bones, 
—looked llk<» big bents^and some hair; 
tho hair was a kind of brown, and look«d 
like a woman*«; saw a little child's shoe^ 
with a stocking setting up in it ; the 
skull wa« nearer towards th« Black Uiter 



TBB'mtAX* 



years 
iRoad, 
|r wh&t 
Us tliis 
] bones 1 
httlr; 
Itooked 
«hoe^ 
; the 
Kit«r 



Roadf the hair vts cIom to the rook, 
sticking up out ak the moM ; the bif 
bones and the skoll were lying close to- 
trether; there was on» lon£ iprace bush 
lyioK over the remains. Did not see any 
9ther bushes over the bones' Was there 
no time after we saw the thinirs. Henry 
Brandy lifted the long bo*h off, and Geo. 
Diggs pulled the shoe out of the moss. 
I went eut there on the next Monday 
with Mr. WilHara Daufflass to show him 
where the reiuaini were. Mr. Crotier 
and Charlton, Henry Brandy, Richard 
Corbyn, and Emu Lane (my father,) with 
u!s. Do not remember any others. Found 
the remstas lying in the same place, un> 
disturbed. Do not remember of any one 
touching thetu. Saw a sontsg, but do 
not remember of seing anything more 
than [ did the first day. 'We went from 
the Quaoo Road down to the place. It 
was damp grnund, but didn't get my feet 
wet. Do not know how far it was tioa 
the Qoaco Road. 

Cross-examined by Mr. Thomson : 
Am quite sure the remains were on the 
side of the rock next to the Black RiTer 
Road; remember quite distinctly all 
about the remains we saw the first day ; 
the Rkull was just n litile way from the 
r'ck. Do not know how far it was to the 
Black River Road. 

Re-examined by the Attorney General : 
Tne remains were on the side next the 
Black River Road. 

MARY ANN CORDTN, • 

colored, sworn. Examined hy Mr. TucA;; 
Live art Willow Grove. Have seen the 
Black River Road. Went there one 
Monday last summer-^went with Mr. 
Douglas, Mr. CroEier, and others; went 
hy the Black River Boad. Saw some 
bones there, a skull and Some other 
pi-3ces of bone, a child's btiot and sock 
sticking op. Saw some hair stiok« 
in^r up out of the mose. I lifted 
it up with a stick— did not toooh it ivith 
my hand. There was a rook there— I 
«hould think it was about as far as from 
me to the chair there, (a distance of about 
f^ve feet.) The hair was lying towards 
> '!« Black River Road, nearer the roek 
T inn the RKuil. There w*«re soae old 
' ry bushes lying over the things. X did 
I ot see any one disturb the things. [Hair 
btiowD.] When I mw the hair I Ihiok it 



was a Httle darker, but it Might be the 
aamcw [Shoe vrodueed.] it looks like 
the same shoe. We did not biing any 
thing away with us. It is a kind of a 
mosey plaee. We all came away together. 

Cross-examined by Mr. Thomson : 
Q, Is'nt there a cross r >Rd from the 
Qnsco to the Black River Road P A.— 
Yes, there is a kind of a road. There 
wai no p^th to #here the remains lay that 
I saw. I will answer as far as I am able. 
Q.^-Did you seethe remsiiis lying be- 
tween the rock and the Back River road? 
A. — (after eotisiderable explanation by 
Mr. Tnomson)— Toward the Black River 
Road : can't say how (u it teas from the 
road. ' ' ' 

Re-examined by Attorney General . '; 

Went in off *.he Black River road. [By 
a Juror — the only way witness can explain 
the matter is by allowing her to draw it 
out with a piece of chalk. ] 

Ark'QRNET GsNinfiAL.— Could you 
draw it out on r piece of paper P 

I think I can [Paper furnished but 
witness thought it was impossible for her 
to do it for fear of drawing it wrong] \^ 

Re-examined by Mr. Thompson : 

It was lowardd Collinti' and the Black 

River Road, that the hair and skull wevo 

lying. 

WILUAM D0UQLA8, SWOni, Jt 

Examined by Mr. Tttek. -'d. 

Live at Willow Grove, about 2} or 
3 miles from Black River Road. On 
Sabbath evening this fall, 12(it Septem* 
ber, in consequence of what I had heard, 
went to M^ry Corbyn to get her and Rsau 
Lane, Crozier, Jemima Lnne, Henry 
Brandy sod others to accompany me on 
Monday to see these remains they had 
found. We came down from the Q<iaco 
Road by the Collins' Road to the Black 
River Road. It was about three quarters 
of a mile from Goliina' Road where we 
came out to the pUce on the Black River 
Road where we turned off to where the 
remains Isy. I didn't see any pathway. 
I should think it was not over 40 yards 
flrom the main rnad to where the remains 
were found. There was a rock there ; 
couldn't see a person on the road, but 
oould see its eouraa, couldn't sue the 
Quaco Road. Saw some bones, a skull 
and hair sticking out of soma mo^s. 
Mary Corbjs took a stiok and puUed op 



4lk 



TtK! TRIAL; 



I 



■I 



a bunch of hair, all braiiled, then nh* 
stuck the Mtiok down again in the same. 
pJaoe and turned ap a part of a bonnet, 1 
turn'^d over the ekull and out of it ran 
brains and stufif. making ■ great emell. 
There was a little shoe there too, and 
a stockini; in it ; there wat some kind of 
corruption in it, which, when the shoe wa« 
turned over, ran out, making a had smell. 
There wen another bona lying a ahort 
distance »ff. The shuU was lying ibout 
16 feet from the rock towards the Qtiaco 
Uoad. A bout 4 or 5 feet from the rock 
there were other bones, and about 3 rods 
from the rock, towards the Black River 
Read, there was another bone. The h«ir 
was neor the rock, not ever two feet 
from it, where her head had laid, and 
the feet further on towards the Qusco 
Koad. The hoop skiit was on tbo south- 
ern side of the reck, towards the Black 
Rii'er Road. The sontag was lying to- 
wards the westward, and north about 10 
feet, and Berlin hood a f(|W feet further 
on in the same direction. It appeared 
that the bodj bad lain abou ; North and 
Soathi with the head near the rock io« 
wards the South. [Hair produced.] — 
That is the identical hair. [Skull p-o- 
d :ed] That is the same ekull, only the 
top is oflTit. [Oher articles produced.] 
That is the same shoe and stocking. 
Looks like the ssme hoop skirt. That 
looks li^e the samn sofltag. [Cbild^e 
hood prod'ioed.] That is the same that 
I thought was tiie child's hood. I could 
not identify the other bones as. I did not 
mark them, but Imarked tbeskall. (Iden* 
tified the bone which lay a short dintanoe 
away.) There was bra.«h over the re- 
Qiaint^ ; tlie ground was quite dry around 

.1^ where they were. The day the Coro- 
ner was there his horse and mints wer« 
standinjc^ by the road, but I could see 
tiiem IVom the rock. The remains were 
lying in the same position as chey were 

, when I QrtA saw them. On Monday, 

^ the first time I Tisited the remains, I 
^i»et Miss Sarah Collins there; then 

> when we were coming away the same 
time wo met Misa CoUins again, about 
half way down to Collins', Sirs. Porter 
-was with her t they went back with us 
to see the rt^mains. Misd Collins did 
not find anything there, she only looked 
at the remains just as I saw. Did not 
yefpain there nao^e th^a (eo ov fifteeo 



minutes the laat time. I went homo 
then to send in word to St. John, but 
the stage had left. On Wednesday 
morning I took my carriag3 to come in 
to inform the^Polioe Magistrate. I met 
Mr. Powers and the Coroner (Dr. Earle) 
who where on their wav out. Mr. 
Bun kor went out with ns. They gather* 
ed up the remains and brought them 
away with them. They were these 
saiie remains. I have traTelled over 
that ground quite often years before. 
The roads are about half a mile apart. 
Had not been there that season bo* 
fore; was there once by the Coroner's 
direction, to make further discoveries, 
but did not. 

Cross-exanuned by Mr. Thomson: 
It is a short half mile from the point 
on Black River Road to the Quaco 
Road ; I have frequently passed through 
the barren ) there is some thick woods 
and some barren on the ri^ht hand side 
of the Black River Road, On the left 
hand side, going from bunker's before 
you come to tha rock, there are some 
thickets of bushes. There was no path 
from the road to the rock. I do not 
tliink 1 could see a carriage on the 
road at the end of the pathway from 
the rock , there was no water when £ 
wi there, but if rain came the ground 
being low it would hold water: I never 
have been there after the raia. 

Q. — Now, Mr. Douglas, many of the 
colored witnesbes swore that the skull lay 
between the rock and the Black River 
Road. Did they or did they not? A. — 
They did not. The hair and skull laid 
on the si<ie of the rock towards the Quaco 
Road. Her feet would have lain towards 
the South:, parallel with the Black River 
i&oad. if it were a WAt time tlie body 
>vould be lying in a pool of water. When 
I heard of the matter I gave the alarm as 
I have stated. When 1 went there, there- 
were brush and moss covered over tha 
remains, those look lika the brush. B^ the 
direoiion of the coroner i out the limbs 
ofi a tree which siond near, and fitted 
them on to the btosh. I can not iden- 
tify the brush. That is a piece I cut off 
the tree. I could not look straight across 
to the Quaco Road and see v.. I came 
along back and forward between the 
Quaco R?ad and the rock, looking fur 
the fu^ef' doili bat couldn't see the read. 



ker't 



THE TRIAL/ 



4S 



f of the 
ikuli lay 
ik Eiver 

A.— 
ull laid 
Quaco 
towards 

Rivei- 
le body 

When 
klarm as 
r«, there, 
ver the 

Bj^the 
le limbs 
d fitted 
ot iden- 
I oat otf 
It aeross 

I came 
een the 

iDg for 
be (Md. 



Cm not t«II whetk->r I eauld leo the 
lOivl lHt<>r in the Reason. 

By Hw Homoe.- Where were these 
fnx holee you speak of. Aos. — Towards 
the Qiuoo R^d. 

Re-examined by Attomtey General: 
I cut tnuse oiecs off the trees which 
stood about 30 feet, und pare them to 
Mr. Powers to (it on to the bruoh found. 
Those are the same as I out off. I saw 
Powers and the Coroner (it these pieces 
on the bushes, and thoy fitte«lr ' " 

His Honor. — Can you show' me ^y the 
plan where you found the sinxle bone. 

An«. — ^Yp*. sir. AboAt thirty feet 
from the rock, [showing by the plan.) 

ROBERT T. WORDEN, SWOm. 

Examined by Mr. Thick. 

1 am a cosohman ; have been drivinir 
the Bummer io bt. John. Was driving in 
1868. Know the prisoner at the bar: 
have been elightly acanainted with him 
three or four years* He employed me en 
King Street, in this city, in 1868, in the 
fall, just before the Ueinmeroial Bank 
failed : it was the first of the week he 
asked me what f would charge to drive 
a lady and child to Collins*. ( told him 
I did not eare about going. He said it 
did not matter what the charge was, as it 
did not come out of birr I then told 
him it would be worth hve dollars. He 
said for me to drive to the Brunswick 
House, there was a lady there — a friend's 
wife — who he had te see out to Collins'. 
He told me to go there and enquire for a 
lady by the name of Mrs. Clark. 1 did 
so. and she sa!d she would be ready soon. 
Munroe was in the eoauh. In about five 
minutes she came down. She had a child 
with her. 1 took the child to be about a 
year old. She carried' it down in her 
arms and got in the coach with it. Mun* 
roe remained in the coach. We started 
' for Looh Lomond, 'i'here was aetbing 
said to me farther. He (Manroe) told 
me to iro to Ceiliaa\ thtA it was abent a 
mile and a half or two miles iiaat Bun« 
ker^s on the Black River Road. I want 
up King-street, and do*n BrusseU street. 
It wat) about ten o^elock in this mornini; 
before we got to Bunker's. About 
half a mile this side he told me that they 
would get out of the coach and walk 
after they got down the road a piece. 
After we had got diva the Black Etyer 



Road, abDut half a mile bsyond the forks 
of the road— •! remembitr the fiit^er hoard, 
one said " the Black River Koad," and 
the other ** the Qaaco Koari,"— then he 
(Miinroe)SMid for me to stop, nnd they 
would get ont and walk. Ha took i^e 
child, and the lady and he got out. Ho 
said Collins^ was nearby, and tlidv would 
as leave walk. There waa no water there 
then. He said he would walk, back to 
Banker's, and for me to gothero and feed. 
He said Collioa' were frieada of here, and 
there was where they were going, They 
walked on down, and I turned bao<. She 
(Mrs. Clarke) was carrying th^ ehild,-» 
The woman had on a black dreas : don't 
recollect abeut the rest of her dre^s or 
thechlid's. 1 went back to liunker's.put 
up my horses, and ordered dinner, i 
think I drove at the rate of five or six 
miles an hour: it did not take me over 
ten minutes to come. I had bueii there 
about an hour and a half, ani had my 
diitner, when Munroe came back. He 
asked me if I was ready to return to 
town; I said yes. He said the folks 
were not at home whom Mra. Clarke 
wished to see, and they would have to 
cove back another day He paid me $5 
there. We got aeady and started for Si. 
John. 1 paid Bunker. I did not see 
that they took anything to eat at Bonk* 
er's. it was about two o'clock. On the 
way in be said to me that I neod not 
drive to the Brunswick House again, as 
Mrs. Clarke and Lordly did nut agree. { 
snid I could take her to the Union Hotel. 
He said that would be handy for me to 
taks her to the boat on Ttiursday morn- 
tog. I drove her to Mr. Lake's, Union 
Hotel. Munroe sat mside; she and the 
child got out tl\ere and Munroe gpt out 
atthe Bell Tower, and he told me togoro 
Lordly's and get her trunks. Munroe 
left me there and I went and got the 
txank-4-it was quite a large black trunk. 
I ferplot the beg — a leather bag — which 
was with it, and sent a boy down for It 
in the evening and he get it. Tnere were 
two strips ruoning across the trunk on 
the top. (Trunk ehowo.] It was a trunk 
like tiiat. [Sag shown.] It was a bag 
like that. 1 took them to Mr. Lake's. 
Mrs. Utarice was a very good looking wo- 
man, I think aboat 30 years uf age or a 
little over. Recollect her hair was a lit- 
tle lightisli. I ilM not see Munroe again 



,'l 



46 



THE TRIAL. 



r 



uotil Saturdaf. [ carried th« trunk out 
of Lordly^s myteU ; tbero appeared to be 
Bomethinf; he««f iottde of the trunk, 
which moved. Whan I saw Munroe on 
Saturday fullowing, it wan on JLxng street 
about 9 o'clock in tbe morning. He latd 
he wanted me to go the tame trip afain. 
I told him I would be ready. It waa a 
damp, foggy day» alter a heavy rain. I 
waa at Lake*t about 11 o'clock in the 
morning, when ha met m« there aocord- 
iag to appoiotaent. The iadjr eaiae 
down dreaaed much aa on the former oe- 
ciaion : ahe had no luggage with bar that 
I aaw, only the child. Munroa waa in the 
coach. She and the child got into the 
coach again with Munroe. I do not re- 
collect of him apeakiog to me from the time 
we atarted until we got to the aame place 
oti the Black Hiver Road where we had 
atopped before. He aaid for me to atop, 
and they would walk down aa before. I 
atopped and let them out. He told 
me to go back and feed, and he would 
aoun be back again. I went back to 
Bonkera'. I turned, looked back, and 
aaw them walking along the road — she 
waa carrying the child. They were on 
oppoeite aidea of the road from each 
other. The road waa muddy : I waa about 
aa long driving back as before. I met 

fersons afier I passed the flnger*board. 
met no one either time on the Black 
River Road, either going or returning. 
1 ordered my dinner at bunkera\ Had 
been there about tbree-quartera of an 
hour. It waa before one o'clock when 
I got there. Ha came about half-past 
one. He aaid the folka are h6raa whom 
Mra. Clarke wiahed. to aee, and they aia 
going to bring her in, iu time for the 
boat op Monday morning. He asked me 
then if 1 were ready to go. I told him 
that I ha j ordered my dinner. He aaid 
be would rather pay for jny dinner than 
have me wait. He wanted to get i» town. 
I asked young Bunker how long before 
dinner ^would be ready^ he aaid it would 
be ready is a lew misutas. Mr. Munroe 
said, "I will pay for yonr dinner ; it doea 
not make any difference, and we will go.** 
I got my horaea fixed up, and he paid me 
there. I told him it was worth elx dol- 
lars, it being right after a rain ; le gate 
ma two Commercial Buik pound nutea, 
and I save him back a two dollar bill,and 
about 75 cents in ehaaf e» and [Maaroa 



paid my bill ; do not know wh^t it waa. 
he went into thn bar to pay Bunker. 
Munroe was aweating, said it waa a hard 
walk ; be was wiping his forehead ; did 
nnt observe anything else wrong. I wae 
not inside when Munroe waa there. I 
waa baroeasiug my horaea while he was 
in. It was nut more than from 5 to 10 
minutes till wr were ready. As «e came 
along he showed me where he used 
to live, about a mile or two miles this 
aide of Bunkers'. j)idn't know the old 
Monroe place till be showed me. He 
aaid he used to live there. Showed me 
where the old miU atood. He waa inside 
of the coach. Before we got into town 
he told me to take Mra. cTarae's truuks 
from Lake's to the American boat, on 
Monday morning, and be would be there 
to receive them. We were about one 
and a half houra driving. Ha aaid I 
might let him out on Prince Wm. atreer, 
aa he had buaineaa there. Saw him 
on Monday morn:nir at the Ameri> 
can boat about 7^ in the morning. 
It WAS oo the north side of the floats, 
right at the end of the wharf, where 
they were taking the freight in. He 
asked me if I had brought the trunk ; 
he spoke to me first aa soon aa I came 
there ; I told him I did not, but would 
bring it next time : when I remember- 
ed the load I would have I found I 
could not take the trunk, so I got Hat" 
field to take it. I asked him (Munroe) 
if the lady had come in, he said she had. 
I weiit for another load of passengers, 
got a coaoh ftall, and had as much bag- 
gage aa 1 oould get on ; don't know 
what part of the town I got my load, 
only it was up about this part, among 
the hotels ; it was about a quarter to 
eight when I got back to the boat ; did 
not see Munroe there, nor did aot see 
him that morning again ; have never 
seen that woman and child since ; the 
last time I aaw them was when I left 
them out of the oofMh on the Black 
River road ; never done any coaching 
for Munroe afhce ; had done some for 
his father befbre, but never for him ; 
have met Munroe on the street since, 
but have had no conversation with 
him. 
Cross-examined by Mr. Themtcn : 
i don't recollect the day of the week I 
first took hub Mtt, oaly it wat aarly in the 



THE TRIAL. 



week. The road wii quiet when I knra- 
ed on botb ocoaiioM. Tb«r» were buihee 
along the fd : mw no person on «itber 
ocoaaion. On the firit eccation the> 
were walking side by side when I looked 
back. On the second time they were 
apart, one on each side ot the road. I 
think I could see them abnut a quarter of 
a mile on the road from where I left 
them. I took it to be about half a mile 
from the place where I turned to the 
forks. The road was wet and mnddy on 
the second occaaion, but the ^^at time it 
was dry, The first time he |Mi ' me five 
dollars, the iMt tiipt he paid me two £1 
notee, and I gave him the change, so that 
] reciiived abuut six dellara if 1 bod paid 
my own bilL I noticed nothing wrong 
about the man, he seemed to be friendly 
with the woman coming in. He did not 
seem to be excited. Ue told loe he 
wanted t'> go into town. 

I do not recollect of Munroe telling me, 
on thd last oeca'-'on, that he had pnrtlctt- 
lar engagementa in town that arternoon. 
When he told. me that Mrs. Cl«irke and 
Mra. Lordly did not axree he did not sa) 
what hotel I should 4j|^ke her to. On tb& 
Monday morning whiin I saw Munroe at 
the boat, I did not tell him that I would 
get somebody else to bring tlie trunk. 
Do not remember of any gentlemen oalU 
ing at Lake's to see Mrs. Clarke while 
she was there. I saw nothing in Mr. 
Munroe's demeanor to derfote suspicion , 
be seemed about as usual. I think young 
Bunker was present when be paid me the 
two pound notes. 

He-examined by the Attorney General: 
I was out witb Dr. JBarie, the Coroner, 
on a auhaequent occasion. I pointed out 
to Dr. Earie where I had turned tbe 
borsea when there before. I learned from 
Mr. Hatfield that he had taken down tbe 
trunk, and Mnnree had paid hiiu, but I 
told Hatfleid that Munroe had paid me 
too* 

"^^'It'' SARAH JAKE CotUKS, 
Bwom. Examined by Mr. Tydt : 

I live in the Pariah of Simonda, on the 
Black River Koad, about af mile and a hall 
from the fo^ks of the road. Onr bouse ia a 
abort diatanoe off the road. Have been 
living there eighteen or nineteen years. No 
house between ours and Bunker's on the 
Black RiTer Road. Was living there in 
Uoteber and^OTemb|Bi;of 186p. No wo- 



man and child named Clarke came to oar 
house at that time or in that yuar. I waa 
there myaelf all the time. I bad the aole 
managernvnt ot my fathei'a houae at that 
time. Knew nu women named Mra. Clarke 
or no woman named Vail. Some time in 
September la»t, my «i*ter and Misa Porter, 
Mr. Doufclaa. Charlton, Crosier and Hunter 
and myself visited the place where the re« 
maina lay. We did not diaturb the remain*. 
Saw the baby'a cap, tier, ahoe, and aock ; 
the soek was inaide ot the ahoe ; one of the 
party took a adek and lifted up the stocking 
uf a grown person, and what aeemed to be 
tbe bonea of tbe toes rolled out , tbe stock- 
ing waa nearly decayed. Mr. Alfred Porter 
ia our nearest neighbor on tbe road. Uvea on 
the right hand bide going to Black River. 
Th«) road from our place to the fingor- 
board has quite a good many bushes. 
Therb waa a rock near where the remains 
were ; the ground waa dry then ; we went 
in through the bushea ; there was no path 
then; and there were ieavea on the buahes. 
ttaw the skull ; it was a abort distance from 
the rock ; tbe hair was laying near where 
I aaw the stocking, near the rock. [Stock* 
ing produced.] '1 bat looka like thu stock- 
ing ; saw some brush lying partly on the 
remaias; ren:ained there about five minutes. 
Uad paved along that road quite frequent* 
ly ; had never been in there where tne re- 
mains were before ; saw some othet bonea 
there, which looked like rib bones. My 
tatber,» little girl named Margaret Davidson 
and myaelf composed our family. It would 
be impossible for any one to have been to 
our house and I not know it. I did not 
soiell any smell about there. I saw pris- 
oner onoe before when he was a small 
boy, at my father's. 

Cross-examined by Mr, ITiomson : 
Visited tbe place where tbe remains 
were found three times ; visited the 
place out of curiosity. The place is 
quite dry and pleasant in summer time, 
but very wet when rainy^ I remember 
that there waa no moss oi« the rock 
when I first saw it; there v ■ » differ- 
ence in the appearance ot the i ouk when 
I visited the place the second time. 
Do not think that bad the moss l>een 
stripped off a year before it wonld not 
make a great difference in its appear- 
ance. 1 never perceived any unplea- 
sant smell while passing and repassing 
the road. I was away from home one 
day in the first of October, 1868 : re- 
turned ia the eveDing, and was not 



48 



THE TRIAL. 



: 

1 r 



.1 



I 



f 






awny then unfl) ChviflttnaR. Tli^re is ft 
thick wood iMtweea our house And iHh 
piHO.o where the lemains wore; I, 
could not Hay how fnr it was fronn our ( 
house lo the place. j 

Mr. Tuck— Your Honor, I would like 
to ask witnnsfl If ithe cuuld identify the 
rtmainfl. [Sknll shown.] 

Witness— Thut looks like the skull ; 
that looks like the hair too, by the way 
it \» braUled. [Shoe and sock produced ] 
That looirs like the ahoe a&d nock 1 taw 
there* ti»\ry\ • 



Re'examined hy Mr. Th»fMon : 

Q.— Do I understand you to say thai 
looks like the skull you saw out there ? 
A. — Yes. It looks like It, with the exoep- 
tiun of the top bein^ sawed oir. 

MARY ANM LORDLY, SWOrU. 

Examined by Mr. Tuck. 

I live In Prince WklUam Street, and 
have been 36 years married. I know 
John A. Munroe. and he oame to my 
house on a Monday morning. A woman 
came by a cab on the nlj;ht of the 23d and 
24th( Friday and Saturday) of Oct. 1868, 
to my house. The bell ranj; and [ went 
down and there was a woman who had 
come in tbe cab. The cabman was of 
low stature, like a Whalen or a Furlong. 
The woman Imd a child in her arms and 
u black travellinir ba^. She went up- 
stairs, and I went toward her to help 
take the child's clothes off. [Mr. Thom> 
son here objected to tbe witness telling; 
anythimr abo,.^ this part of the proceed- 
ing. 1 Tbe woman had on a blacH dress 
and a black liut— I don't know whether 
the hat was of straw or not; she had 
also a sacque of drab color; the black 
bafr had two bandies, one on each side ; 
[ba^ shown] the ba|^ was just the same 
as that, and I am sure this Is It. The 
ehlld appeared about tea months old, 
with what they eall a ''tow head" or one 
of flaxen color ; the child was not wtli 
dressed, neither was the woman; the 
woman's dress did not probably cost 
more than twenty five oents a yard ; she 
had black ribbon arouon her wal8t« with 
ends hanginfT down her back ; she had a 
line head of hair, which was in a net on 
Saturday, but she put It up in a water- 
frtll on Sundry when she did it up. I 
(jave tbe child some clothes belonfi^la^ to 
one which had been left with me before. 
It had on a sort of brown stuff dress on 
Saturday night, when I liad It in my arms 



at the tea table. No other woman or 
child came to my house on the nl^ht she 
did. On Saturday, between one nnd two. 
I went down to see Mr. Munroe, who was 
In the office. I Nald. ^^Is it m*. sir. you 
want to soe." He said no, he wtinted to 
see a woman, named Mrs. Claike. who 
had come from tbe host, ajid who, with 
her ohild, were in his oharKO I weat to 
the dliilnj;-room and sent for tbe wo- 
man. She eame down and went to see 
him, and in a few minutes he went away, 
and in about a quarter of ao liour two 
triitiks eame. One was a large black 
one' and the oth^r a smaller bl'iok one. 
(Trunks shown.) There is a mark on 
the lar^e trunk by whioh I would kuow 
it— (examines trunk); that is It,— I saw 
the mark put op the middle t^hii by his 
(Munroe's) father, whocut apiece off the 
slat; with his knife and tasted the wood. 
Tbe otiier trunk looks like the one the 
woman took upntairs. Tbe lar<reone re- 
mained in the office. It was between two 
and four o'clock when the trnnks came. 
There was a blue dress with spots on it 
banging up In the woman's room ; (blue 
dress shown) that is it— there's the spots. 
She had an embroidered underskirt ; tne 
embroidery was '^oipipass,*' or as some 
call it **wheel wonT;'' (a skirt shown) I 
never saw that skirt. She hud the em- 
broidered skirt on the Monday she 'left 
our house; (shreds of embroidery shown) 
that is very mUch like what she had on 
bar skirt. I did not see Munroe on Sat- 
urday or Suod&y. On Monday when la 
cabman came ro the door she was ready 
to go and had the child ready too. 1 do 
not remember the kbid of a hood the 
child had on. Munroe was in the cab 
with his back toward the horses, and the 
horses heads were towards Stubbs' Ho- 
tel. (Child's sacone shown) that is the 
sacque the child had on. I should think. 
The woman went down to the coach to 
hha (Munroe). I did not go to the 
coach. She oame back and paid her bill, 
and took the child In her arms and gave 
it to Munroe, who put it on bis right 
knee. (Gibbon shown.) That is the rib- 
bon she had around her. They drove 
away and I never saw her after. It was 
then between ten and eleven o'clock. 
Her hair was a fort of ' light brown, 
flxed up In a sort of waterfall on Sundav. 
(Hair shown.) That, I should say, is 
very much like her hair. The woman 
appeared to be about 23 or 24 years of 
age. She looked as though she was 
troubled. The cabittan who eame for her 



on M( 
Word, 
weut 

turned 

shown 

sleeve 

dress s 

the WK> 

(Uairjj 

obild's 

baif w« 

cryfi^ 

dresf «i 

I W9ttll 

<lr«fs^ 
dress tt 
memhei 
I do m 
dress, c 
It (the( 
(tier nXv 
uund t^ 
Mr. Mu, 
whU^ahi 
one com 

bous#^«|l 

l»rs..CJaj 
saw Mr. 
ria^e tusi 

tltre t%at 
wore. 



a-Th« 



I 




IDgSO? 

, Q -The 
i do jQot re 

oi'WfHl 
I can sweai 
Q.— Do y 
3 ^ 



twl^tfliii. 



nhe 
two. 
wat 
yuu 
id to 
who 
witU 
at CO 
) wo- 

see 
iwaTf 
rtwo 
black 
c one* 
irk on 
know 

1 saw 
by Ills 
otfthe 
wood* 
ne the 
)ne re- 
«n two 

caiuo* 
ts ou it 
; CWue 
8 apota* 
rt; tne 
Kg gonia 
liown) I 
|he em- 
he -left 
shown) 
had on 
on Sat- 
„ hen ta 
k» ready 
. Ido 
tood the 
Ithe cab 
and the 
.b3' Ho- 
lt is the 
think, 
toaoh to 
to the 
her blU, 
nd jrave 
is rifflit 
the rlb- 
>y drove 
It was 
o'clock, 
brown, 
Sunday. 

say, IS 
_ woman 
lyears of 
Ishe was 
lefortaer 



on Moiidky iold {nie thaf. his name was. 
Wordim. On th<» mornlnie the wooMn 
weut away, ahe wen( to th« oab an4 le* 
turned to pay 019. (iMftte o( Moquo 
•lM>wii.) That looki Uke a pai*otii»e 
gleeve of a woinan'a aacqite. (Part of 
dre8« showD.) Tiial looks ikke part of 
the i«ouiau'a dress-' It i« 0^ pour quality •> 
(U«ir«bown.) Tiiat looks like tlieiitUe 
child** hair, and I never aaw but mms 
be*^ of hair , ime H siuoe* Tbs ob*I(i'i 
bavf was pretty sAr^bU [VVltaess wat 
onHiW liera.]! IVht.eUM «m4 a IMla 
d(«M «( what SMM oalL oinnainioB eelor. 
I W9«ad know 1» IT I aw It. (jQtiltd'e 
dr«as,^wn*> Tiiattls itbe eolqr of tb« 
drees tb« ^bUflhaa to* but LdonTtreH 
wemUer the riittat' around thOi botienir 
I do not MUnkil Vtttld remepabet the 
dress, only I made her waflh (becbUd-i 
It (the child) \uA »)se. a reddish tler~ 
(tier shown) V there ts no donbttnihy 
uuQd tihattbat i«fb« lieR. . Up ope bpt 
Mr. Muaroa ceJUed<(o sea Uke wemfBh 
wbilQ she ^^$%imr bouaa* I bna oplj/ 
one oonversaUoB wiih. Mr . %mifo« wbllie. 
•be.Faei there, and a« pevfr oaoa %9mf 
bou8#afterwi^rds. ^ . / ..i„, , 

(^'—Vou »af y^oii wore angry wbea 
Mrs. C|i»rke wao^ *way ?. 4,— irai^. I, 
saw Ur. H^fiTOf on Monday |^.l%^r^ 
ri%ge just 1^ i^UIn aa I ac^e .y<w: % ^^f^ 

tive that t^lttls tl^q ff pJNui the woi|oi^ 
wore. 

a-Then y^uafeikbt j^altopMttivb? 
VVjlLypa meu ^JwOtljmly.^ Jjh»a,,^pf ? 

Q.— Without % Shadow of a aoaoij [A; 

Q.— what is tne reason of yoar M>4nk 




Wi*!?t 




si!Q|iiInmy 

froTa^PJibt 

)^a4 oil f^ 



8« 



ln<( BO ? A,—: 

that tbat drensiWjl . , 

chlTd; I do swear to ...». x ji>- 

Q —Then you are not,i|iIitok«n J. . il^f- 
I do^ot^ r«(rm!(.pi|fl^«fQrd o| wbat I Mve 

Q.— Isit ndi cnys fpi 
^)? «Wt W $i3!«W»HJ^W m 

1 can swear to that; dresi. '^ 
Q.^Dtf yoa fwear to this eacqiie of the 
3 







child's ? A.—! do, most certainly. 

Q.'l^ie wuoian was only two days in 
yonr hoaie and yet you can reoosrniae 
her elothinjr after a year? A.—Yes, I 
can, and I can tell you the reaauo, too, 
If you tHUletme. , 

a.-Is thii blkok' b^ji; the «aaie? ▲.— 
ItljhjkUis. 

Q.— 01(1 yoD say «he had It wh^n she 
went to the ob^ch? A.— No, »lr) If you 
sai^'so. tiiAt'<( n,bt roe. ,.;/.i^ 

Jft-e^amined \ty, ih* AUomty Q^Mralh 

8h9 only JoQk t^a q^d y^ the poaths, 
8h( had ehet>iu(i dfese wHl| apvita on, U 
8ftei^ the trpakfe.oamei H ^ n» P9#iayj|> 
i^bout the blue dross. ...-,, i 

The blu^ dr«^ WM Affi^tp shpwp wit- 
nc(!8. who ahpwetf t\o^'*«f ooukf IdisatUy, 
it hv the spots upon it.' , . 

l^esuoiea— ^4t was thf jarfcev trunk oat 
nl wblob MuQroe^i faih«r,QUt thf .niece. 
Sbc fcba wooian) Miyo^.i^VlMr iiuofs 

a%«#n. I«M»>iiati^iWMt«r( In Oc- 
tober ana Wwi i gur im i waabag> 

Mlt« «Mitte»4»n th^'ilWUiilf ir«WiBnir« 
land. Whan hv „'afi Is broagbt dowu- 
we used tft , gi v ft , t» ^njUMta check lo 



the person 

cHe person 

td'i^ 

I 

1^' 




to bis orouffht Ojr, 

litea^^;liW 

[TNwshbWh.J 

ruttk Uke (bat 

billy jHitttto 

^iiief >taa"the Boston b4si, 

mniu I 




ieiv'e I 

liflfebei^ 

hadil 
ikObtlie 
WHd 

«?«?'Abllt6if, t^SM %iiMi\MW 
#ay ty' )a etft toens oUfi^ on th^' bps;!. 
^« tooii iMs ttelflt and Opened It as ^o 
uSUafly dfo. Thtere -mpk a^idiher taeuttr 
inild^ 6f%% farka Oiie, The SokW basr' 
here looW Ukilthe biuc'^oh was i3^^ 
tach«d to the t^hk: tSa^ truttie' 
shown.] Vhkt is like , llie trunk whlofi. 
was inside, lli«t^'irU-%''pAfHbl'>e-' 
t#ert>;^^' tyo' ■tfj^^jtr'ft -JlirjfetiMtt 
itMAkthertf wsib aar^ajwhrah ^ 
I thifiKt TKIha 4riiS sboa^l ihi 

!lik(i'tife^ilr(Mtt$'C«klH'Al^<i^^] 

iSW I 

buivo, ., _ _ . ^_ 



T 



W*^' 



a rattling inside whan I took It flrst 



^ 



^. 



Tflif.iRm^ 



i!- 



lie-&t<^ti^ bt^ the Attoiiiei/ General: 
1 ^Qiftij^^wXiti who got ionQ to check 

the trajU|^; ,^ think It was a mj^,;t))ou;^b. 

Rertxambvedby Mr* Tl^omfonpiitioir) I'mi 

1 did not rei^d* the evidence i^tbendw»- 
papers. I was s^qt bei'f) by Mr. Kilby, 
our agent" 111 Boston. Th^re mi^ht kavQ 
beieii a dofsen or flfteieDi trunks in ibe 
'W'ai'cuibose uQclttim^d wbeb. this was put; 
in. The trunks are etamthed biatweeoi 
Portland and Boston. It Is not a tre- 
^oeM oecoitettce for paisenffers to go to 
ortland and leave theU* oasgai^i on 
the boat at)d then |^^y rail tb 
Boiiob.^ I iie^rer kiieW df 'one Instahpe 
ofjBuoh a thing beiifg; lione. t do not 
Say It <700ld not be d<>ile' We s^duld 
insist bb checktbg bo fdrtbfiir thi|i t^e 
passv^nger went. We wbUid' g^t to 
Portlibd alKMit fire or six 6*<^dk io (he 
motHlhii i^t^at steason of the year. 
Tberti ' wWMd ' 'hot be uibdh difBcufty Mi 
getting baggage there at that tlMd if It 
was handy. 

. Atitlttrim' Oentral : WqbM ybu olMtk 
bagffa««/ kero for , JkmimV ibeownbr 
vfef agoing li»Tportk«t? ^ A.-tW« would 

sytded At r^abodgr. I'lrilnfmber ezamin-, 
ing a tvuiik as siwiEWi^ljr last witness. 
On the way to B<|i^ii mwoss the iMy I 
g^ve orders to ring ijip, for ezapilnfiig 
bfiggaga. J( ooaiin^ttb»a eMiinining. and 
m, Spr^u^., the vai^ lifted up atnuM^ 
iA.^blch there wM aome^ing wmk 
rattled and siOd, »' J, gj^i^j^, yov Wo go^ a 
pifUie harp/ 1 pMnt^Jtbe tragic and 
foopd Ab9i^,in||4p. , Twere waa a pa* 
raapl between lihekwp. <?* QPfblogthe 
lfeOe.^n^ jCiM^w fliMt^.^^ sElrtjrskM-t 
8li9WJiJ fiJAt la Ifie sumjis skkt— lir« i^eal 
WM py ft fixf tiwe. I V?cked It and put 

[yaJJse »bownJ,|bat ta Itp ra|^te Mira* 

to lu ,4 did noiL^amliNi tpe; 

I #^t thlokit wqrtb whir9.i 

er was Iheca at (he time, i 
think. th^ hma oiE IdMt It doWii. > I 
«ziaibAd tM Dbntetiti^sM louiftt tbein 




i'^ 



V*;. 



.1 ^;i,) iirt 



■i-U>'ll 

tail I 



)irABREsr FLET9HER. 4worn. 
JEmmitud by Mr. Tuck : 

I restdb In B6^b< 'I Urn clerk for the 
International Line; Ira^wW. H. !Kttby, 
agientot the Line; I do not know of the 
trunks doming to Boston^ T>iit 1 remefn- 
bev seeinglhera afterward?. About the 
Bdddle i of' November, }SflS, I moTed a 
tmnk from the f mntto the back of the 
bag^BTige room ^ {trunk shown] that is 
the tmnk I it remained there uhtil I3ie 
Inc week iii' Jamiaty, and then <w>e put 
it in- the loit iftor w« had e^tfamined It. 
In^ztsawft in Sepfeember last I then 
ordered it to' be taken dowir fh>m the 
loft, and opened thb ^^nti^idc^ tranlrand 
Mr. Torr' opened the ItisMe' orfei llie 
small nfuAk Vas pue back iatoihe other, 
and givMi to Mr. loku HUltb brmg ou 
to8c.John»N.Brf't* '«»«»«* J yliso 

jCriif$$r4^Mmin^ by Hft ^no^on; 

f have 'b4en ito the ett^ynf th^Ib- 
terhktibiialStMmshlp'Ooimpflny f>r seven 
yetits. ' We sold forty o#'*my packages 
of'iiliclalttitfd bagghM f w^^ears ligo, 
WMdhf w«t«> th« keeubttUetbn of foar 
years. We may have't^^ty'llViB on 
hand now* ttw «cQijmmla|l4i9o pf twpye^s 
— n^ost of them' of last year. lif the^e 
#as % I^rg^ nijiplher; \V8 should aeli at 
the pr>A of the veaT^ We keep th6 money 
for wli^eb thOblf^b is sotd and de- 
poj^li ili'tor th% benefit dftib^ owners, and 
We act^t*rti3e th« ba^gag^ '^ith dieoks 
and dsi'criptJon before selling it Itts 
firsquehtly thb catethatpiiiM^biisrsooiiio 
frttm Bo«96tt t6;Fonitmd by ^ail and let 
thieir baggagft/j^da'by the boat. 

B0^$»ammti^^AMamiey Gtrureit: 

I don't know thi )^oport!bb of tirunkg 
aipongst tHe 'present bftg|^il utiptahn^ 
iK Boston. ' 

Q«— 'How djH» ftebmethirtitrQDksiure 
lef?ttibar '•■ • ^':' V "« "-^' 

Ol^eetii* to by Hr. 11iom»6ff( , * ^" ^' 

Q|.— Is it be^nmse tbe'pas^b of die 
oWJter fs ififl^ pAid thAt tbb Wiiiiks siro 
sometimes left? 

OOJectc^ tb iMo. 

tM^ Att<»rttesr()enena Wanted to ask if 
any pther trunk was ever left by a person 

The qnesUM #as oMMie^ t6 bt Mr. 
Tlibmsoii, beeatise it wis imfi^aterliLand 
Hi* a&sWtf would ihtoltib things Wuob 
dotild not belcijjoim to (be W)itn«M ^kb 
owii kiiowl«d«e. V;.j»ii oii/,../,.ftj«. 

ni. r *>uJi i») %ism$ not oCr— » ' 






^ . 



THBTRIALr 



ai 



or the 
Kttby. 
of th« 
iinefn* 
tit the 
3ved a 
ot ttoe 
that Is 
ktil the 
ir^pat 
iiMdlt. 
I then 
oni tbe 
nlrftBd 
i Th4i 
i ottaer. 
ring ou 

. •>') - 

; th^ lO- 

btsevMt 

lftOk«|lf«8 

irs *gi>. 
of foor 
-tive on 
ivpyei^rs 
lU thejre 
d leU ai^ 
6 money 
and de- 
i6n« and 

diedcs 
tt, Itts 
ertoolbo 

and let 

~ - ^ 

e of fbe 
lihia arc 

ml- '.i 

Mr Mr. 
itLand 



i I'.n-: 



,. JOHN 8. PALU h 

sworn. I have been mate of the New 
York for fivQ years. £ brought a trunk 
oil to CHptain ChisholiD from Boston; 
[trunk shown] that is tne trunk which 
was delivered to me by Mr. Ktlby. our 
y^aat in Boston. I wa« present when an 
inventory oi the eoRteota of tbe trunk 
was taken by Captain Cbi"holDi. Dr. 
£arle was tbere^and Itblok tlie Chief of 
Police. Mr. Marshall. > 

Q — Do you kno'v of $uj trcnIcB belnjr 
left in BoiCon vheti passeD^rera Jiad paid 
their fare? 

Objected to by Mr. Tbomsoa on the 
game ^oand as above. 

To His Honor r 1 jrot the tmnks from 
Mr. Kilby on the 29th of Oetober last, 
and brought tbem oil to Capt« Chtaholm 
next day. -'i wHto,. -. i\i^^'ri -...t at -fi^t.. 

The Court was then' ndjonrnednntUf 10 
o^olock Thursday. 

The Coart opened at lo'o^clock, /uid 
the Jurors answered to th^ir niMQea* 
The Cotirt room was not qui^ so cf owd- 
ed as usual, but the apparent eft,<^ernes9 
of th^ i^pectat^rs \aki noi a^aied in ^e 

Ifeakt' ''' '" *• ■■' ■' '" " * '' 

WUXUM KlAUAir, ^WQHir. 

JExmuMd ky Mr. Tuck : 

I live on the Qiaeo Road^ Patldi of 
Simonde, have been Uvintf there sinae 
the 1st or 2nd of Septomber,- aboat a 
mile and a half from BoDker^^ miao it 
the first house front Bttnkeff*b on- the 
(luaeoftoadt haveiieen home all the 
time «noe living there ; so wfuaaiB anA 
ohild oameteF my house in Bapteosber 
or OQtober» 1868 ; nef er knew a womiMi 
and ohild of the name of Camrke ev 1^ ; 
de not know theprisMMr; nerer wm 
at the place when) the remaihe hsre 
been found.. <>a Uto i Ui" 

Qfwn-ammmd iu MK^T h m mo n i f •'■'•' 

Uafc hiHud of the jriaoesrhere ikme 
remains hairy ^otn found ; Bwniet tell 
the distaopa lj^«gb Immi . oae toad to 
the other. I leooaeot thl tha -wsajher 
was wetia ttM latter part. ^ Ootober; 
1M» ; fla»aot say wiAi dal».'it)Waa, iMik 
remember than haid heea Mitiw hsehea 
of snow and frost abovtibftt time, and 
then it tli»wed 9$^ ; I qsmM aotawiaav 
to the date, but il know thMa wat irii 
weather aboul the time. . u w. v^ 



ALFRED PORTEE, SWSm. ■v'*fftM 
Examined ktf Mr. Ittdc r ."■! 

I live on the Black River road, aboot' 
a mile and a half froa the Finget Board, 
near 1^'r. Collins* piflee. £urth«>r out nn 
the right t and ride going to Rlaek River. 
I live ahoet a third of a mile from Got- 
Itas'-^miae is the next house ; have lived 
ikere abmit three years ; was home mast 
of the time about the last of Oetober, '68. 
I doe^t reeoUect of being away from home 
at nights about that time. Was away te 
Quaeo one Sunday, a little before lbat.> 
Oon't know a woman named Clarke, and 
her child, or Vail. They never were at 
my boore. I was never at the place 
woete the remaice were found, ana did 
not perceive an) sw^jII wl>e»^ ,4?|(isi|jjj; Ai 
long the road. • »„,<^,w^ \\:,niM "■l^"'^i'>a'X 
Grmts-eumiined by Mr. JTiompsoiu . di 
De not recolleet particularly the end 
of Octobor,. 1868; won't awwtr that I 
was or was not at home on the last Seturw 
day or Sunday in October. 1868 { do not 
reeidleci what kiad of weather it wee at 
that time. . ^^r.o- 

Us-examhud hif AUoruey Gtmtral: ,".\* 
My lamily eoasisie of my wif«, Mary, 
andtwoeoas, John and WilUam: the 
ncxtne^hboT to me on the Blaflk River 
Road is Bobert Moose, not lar from my 
house — eoppose «bout quarter of a mile : 
next is Henry Connolly his plaee is 
about three qeartai* ef a mile; Jokv 
Connolly next. Jest a few etees turtiier 
oat itksnk WUUam Gameil livee aaoit, 
and Mts. Stewart next, and Ur« Darling 
awi^ 1 ibiak he lives abont a mile from 
my plaee. Ennis lives next, about two 
and a half or three miles I sl|Qa|ld sap- 

▲BTKUft SLOAN, SWOm. , .) |,m» 
Examined by Mr. Tuck, ■. tso -lo 

live 00 the Qeaco Boad^ Willow Qreve 
SetHeoMt, Parieh of Simends | was bam 
iheTe, abont half a mile further oil than 
MeLelka^s. Am generally hoae.~- 
Omdd aol aay that I was hoaae tai ^h» 
latter part of October, 1868. Neett' eaw 
or knew Mrs. Olartoe or Mim ViV: 4hifre 
waeasewr eneh a perioa at ottr'honfo, 
Hetev knew nay Mrsdwof that name \^ 
be brought in from there. It is ahoati 
two aadn hatfHllff fram Banker^a. Was 
at tha plaee whe w t he wma i aswa w ifaiad 
about three weeks aga^ Neyst saw tht 



53 



TUB TRIAU 



remaini. It {« about a mi)* aim) a half 
in a Btaight line from our plae* to whwe 
the remilina w«re found. Saw Iba roek 
thara. It would be a little over a i|UAr.ier 
of a mile from the t**ck ta the Quaoo 
Bnjul. iJavidaon and a cnloted nan 
naoiad Hill live neai our pkiee. Never 
beard of a woman and ohitd satned 
Clarke being In that neighborhood. I 
WAS bofise most of the time in Oetober, 
1868. If [ were away it wnitld only be 
t'l a neighbor's hooae or to St.,JobBk 
Crots-examiitedbjf Mr^Tkottuon^ 'V 

Have often been aerost the barren' 
where the remaine were found crow- 
huntipg. It ie about quarter of a mile 
to the Quaco Road. There are thick 
bnahaa between the roek and the road. 
There are small bushen between that antd 
the Quaeo Road. 1 think ym oan 
eba the Qtiaco Road in (tn« pl«oe. 
OanH «ay whethar a person, paaaing over 
the bi)l on the Quaeo road^ c«ttM see a 
woman dear that rock. ]>ont remember 
just the time when tbe anow oame in Oe- 
tober of 1888 — remember of snow eominf 
though. Hardly remjeaai»er liatiag step- 
ped away from homo at night ;. rtnaembier 
ef being home on Hallow Bt# day t «M 
over as far M Mr. MeLeilan^ ill the eve- 
ilif>g, and came heme about eigbt or nine 
o'clock. Tha ground aiontid the wck 
was wet; there waa a hill toward the 
Eiat of tba i^oak,'to#ard the <^aeo road. 
There waa a hole about tkreo' TMt ih dia- 
meter and ffve fnehei daep, with water 
in it ; it waa pretty aofi arouild'-'very wef . 
]• wotitd eiE|»ebt it t»b« wn vt&attd il U^ 



/.•'in K-v'^U U 



,:i i^-.' 



4o 



ttt •Urj tain 
Me-eMmmdbj/'Amrne^ ^eh^J 
Toa could aee the knoll on the Qiiaeo 
road from tfia fock, and eeold see a horae 
or earriagepasaieg. 

To HM HoitQ»r->ll i» abMt half a mOe 
awajr tnm tbe rook, in lotmals Btrnktv^ai 
thtiais kind of a acrubbfr growth bn* 
iwaaiu JanppMeSfakerseweratrotUnir 
M«r lh» kooU be wo«ld be in aiglit a few 



. To Awsn QsiiTBRAi/-^ reooUaat 
o(l>«inff ^oaui OB tfckft dajr nd Mww^mgi af 
HiaiDwBta. 

^ CflhU'Mammtdiit'iaii^ nimtMf -^a '^ 

a^HMT do yoa itfoall^ dT^Miit 

hMirwtbat •Veniiif 7' 



■» Il 



A — By the children Bghting ab^ouft 
apple*. 

swortu ExamiiJkd by. il('. Tuck : 

I live at St. Martina ; have b^en Iking 
there about three montbs ; >tn keepiog a 
confectionary shop there. I am ahoat 21 
years old. I was living at Horace Bunk- 
et*n in October, 1868. He keeps tbe Ben 
LomonS ^iise— it i^ right at the c&rner 
of the roLd leading to the lake^ I re- 
memlter the month of October,, 1868^ 
Ha?e seen the prisoner before ; saw him 
at Loch Lomond iast of OeUber, 1868-« 
doa*t remember tne day nfi the week. 
Saw a ooach pasa tbe house. Vhe c^aeb 
Btttuirned in at>out twenty minutes^ iSawi 
a lady in the ooaoh : knew the driver to 
b» Worder. :: he put his horaea ikp and 
got bis dinner. In about an hour 
after Worden oame there Munroe 
and a lady and child cane in the 
yard. *fi(ttnroe asked Worden if he waa 
ready ; he said he was. The lady got into 
the obach, and S^nroe put the ohild in^ 
T)te coatlimiin and MuuKoe b^ soma 
talk, t hc£?d Muoroe say that the lady 
had not Se^n the parties she wished to. 
V^ ordea paid hia bill to me. I can*t 
think o& aiytbiog else tbk waa aaid, only 
Munroe engsced the coaefamaa to come 
oat again. Uia aaid the lady did aot see 
the partiea abe wished to see. and tbef 
would have to eome out a^^ain. I don't 
tkiak it waa Mora than an hour and a 
quarter after Worden cama wheA Mun- 
roe and the lady returned. I den^ think 
Mr* Munroe or the lady wete in the 
hoiisa oa tbtt ooeamoo'— I am sure the 
My was sot. They drore ttray towards 
St.^ohfl. Some tiasa tbe aamA week I 
saw the sameooaeh drive by : the coach- 
inau Boddsd to me. It was a damp day 
and I did not aee who was in tbe coach. 
I think il vaa baM^t twalva ^elock. 
OaaAmaa iratiinMdaieae as )>efbto, about 
tba amiM time afMr, put MS'borses op 
and mrdefsd diWMV^hs iNis tiMiM abo«t 
tear mteMsv bifnra ht ovdsved bif dittner. 
After lio tad ordered dfaiiier tho coaob- 
ma* aad I wMVsittiat i& Iho bMMrooHi, 
lilMNikl think It WM t>ecif«eft Wand 
dikviisates. veken Maatoe edMhe In ; he 
toak'off hii^tel, wipad M» fot«fatlad tend 
said b* had had a hdid walk ; his face 
appeared somewhat i^d^lilM^ » aum who 



had be 

forebc 

he bad 

then 1 

reatiy 

ed his 

would ' 

have h 

huiTy ; 

put bis 

lowed 

J Wiil 

OoachiA^ 

said it j 

roe fav 

they tai 

posed h 

theeoat 

Coaobin: 

)ro9 tbei! 

and ask 

poeh-ed i 

whhtth( 

quantity 

told.hiiB 

took OQ( 

right oul 
the ooac 
naan vria 

he did n< 

Monday 

was beib 

think 1 h 

tween ih 

iween H 

Urove aw 

got the b 

away anci 

instead o 

<lre88 of t 

thing ren 

h« return 

v/arm an< 

eo on ucci 

have seer 

Munroe h 

have seen 

remains \ 

Ooron«i-'ij 

mains we 

oollect of 

the Black 

was a hoa 

Crosa-exan 

It had r 



lUAitlUA^. 



M 



tonly 

come 

lot see 

d tbey- 

end ft 
Mun- 
tbink 
in the 
ire the 
>wftrdt 
week I 
ooaeh- 
npdaf 
eoeeh. 
^elock. 
,Abotit 
op 

eoaob- 

OMB, 

and 
;he 
ftttd 
Iftoe 
who 



hadbeed Xftllpn^ '^<^ V be wiped hia 
forehead witbrkia hMidkerofaief'; I think 
he bad on a sort of a half beaver ; he 
then asked the ooaehtnanMf he was 
ready ; the ooaehman said he had order- 
ed his dinner ; Mr. Munroe said he 
would rather pay fot his dinnerr than 
have hiaa stop to eat tt, as he was ;n a 
huiTy ; the coachman then started to 

{)at hiskorses in ■; Mr. Munroo thea fol- 
owed klim as far aa the door and said 
I will pkiy yon msw ; he asked the 
Ooacfai^an wliat kis bill waa, and he 
said it ia woi-th six dollars^ Mr. Mon- 
roe ^ve the X)oaohman some bills and 
ibey made okaage in some wav.^ I sop- 
posed he had g^ven him six doilars. as 
the Coachman said that wonld do. I'ke 
Coachman then put his horsee in Mnn- 
r.'Mithen came back to the bar* room 
and asked for a g;las6 of braniiy'; he 
podred it ont and took if, and asked me 
what the bill was^ 1 do not know the 
quantity's I think tt Was pale brandy<. I 
told.him thjO bill altogether was #t ; be 
took out a bill, ^avu it to me at^d went 
right eat to get into the coach. I healrd 
the coachlutan ask him wiiere the wo- 
man wass 1 heard Mm say that Mr. 
Ck>]lins would drive htfe in u> the boat -; 
he did noit say what boat ; ho said on 
Monday mornioz. This conversation 
was before he had the brandy. I do not 
think I heard anything more said i>e- 
tween them. There is no house be- 
tween Bunker^s and Collins'. They 
drove away from the house after he had 
got the brandy. 1 went to put the bill 
away and found it was a two dollar bill 
instead of one. I do not recollect the 
dress of the woman ; did not notice any 
thing remarkable about Manroe when 
he returned, only he appoiured to be 
v/arm and excited, and 1 supposed it to 
bo on account of fast walking. Never 
have seen the woman or child since ; 
Manroe has not been there since, as I 
have seen. Was at ttie plaoe where the 
remains were found aho«t the time the 
Ooronvt^s inque.nt was lield, bot the re- 
mains were not there tlieh { do not re- 
oallect t>f any other persons going dot 
the Black River Road that last day ; it 
was a heavy, misty day. 

Cro$a-9xemntd by Mr. Thompton : 

It ha<i| r»:a«d the day before; thert had 



been a Ikeavy raia and the ma4« vera 
very moddy. i do not recollect ahout 
the time the fall of snow was. The rain 
would he betwevn the first and second 
time tliey were ouL If a pernio nhould 
atop out it was so damp that his oloihes 
wonld ba wet. The firtt day he was out 
they TtBte a^ay ahoat an hour and s half* 
He Waf not as warm the flrtt day when 
he returned. The last time 1 dou'i thick 
he was away acMre than 40 ninuiea. I 
wonld not sweat to any timo. 

Cl.-^Will yoa.awebr positively. „t|Mlk it 
wan beyond half an hour P ,^,>^. , 144 

A.— ^I would not a wear positively f there 
was nothing to attract my atteatioa 
ah >ut hia demeanour more than he ap- 
peared wurm. On the firtil occaaion be 
told Wurden, in hia usual manner of 
speaking, that h« wished him to take 
them hack to the same piitoe. I wai 
standing about (ve feet a«ray. When 
he r«^turu«d I did not notice anything 
remairkabie. 

a.— Wuild yoo think if he had walked 
a quarter of a mile beyond w!|ere tha 
CQaoh i*topped> and then returned to 
iiunker\ it would not be fast walking, if 
he done it in half an hour. 

A..-^I could nut swear > t suppose it 
Would. \Vhen he paid me the bill I took 
it, thinking it wa& one dollar. I auppode 
he thotgbt BO toe. All I hnard him say 
was that Mr. Collins would drive the 
woman in on Monday. Did not hear 
liim aay that they went to C •Itin"'. 

Re-exmrnimei hy Attorney General, « 

! cant't aay the exact time. I think it 
was forty minutes from the time Worden 
returned till Manr»e came back on the 
last ooeasiorf. I think it was about three 
quartern of a mile from Bunker^s to where 
tne remains were found. I'm no judge 
of distance, but I would thiak it was slow 
walkini; to come from the place where 
the remains watc found to Bunker's in 
thiity minutes. { wouldn't think it would 
warm any man to take 45 minutes, (that 
ia the time whirh it took Worden to re- 
turn,) added to the 40 miuutee, to walk 

8A%Att LAKE, sworn. ^' 

t am a married woman ; my husband, 
William, Lake, is living; he keeps the 
Union Hotel, Ueion street: he is uiM^ble 
to come out| owing to sickness. We 



I 



tlBTHUC: 



irere keftpfng thtt hociMln Oetr>b«r. 1809. 
I r«m«mber a womtn evlfed Mirs. Olatfae 
eoninf to my plaee onMondi^aflA^noon 
at three o'elooR» in the latter part of Oe- 
toher— -don*t know the exaet date. Mr, 
Worden brougbt ber there. She brought 
her child, but had no luggage at that 
time. I did nol notice any. one in the 
coach at that time. She came in, I show- 
ed ber a room^ and ahe staid there until 
the next Saturday followhig. She stop- 
ped in a room by herself hi the front part 
of the house, and took her meals a^one in 
her room; a lady named Mrs. Day was 
in occftsionally. 8ho done some em^ 
broidery work for me. 8he made some 
under-olothing for the baby. S^ made 
some imrohases for herself — a skirt of 
blue tweed with red aronnd the bottom; 
she brought home ft new skeleton, a 
pair of blue grey stockings, woollen, 
with trhite on the tops ; she bought a 
little berlin hi6<)d for the ehild, eannot 
say what color ; 1 do not reniembet' of 
any other articles ; there was other hig- 

fage came in the evening of the same 
ay ; there wfts a large black trunk with 
strips across the top ;- the shmll bag did 
not come with it, it was brotight alter* 
wards ,• I saw the trtink opened .-^ ipoide 
was a small trunk, she took' that out ; 
there was a parasol in tbe iHr^e one, there 
was a blue cobnrgdressin the small one 
a white underskirt with ei'oeheted inser^- 
tton on it, which she %ore afterwards 
while at my house. There was an under- 
skirt for the ehikl with crocheted ioser- 
tion on it too, and a ohild'a dress of drsb 
cbburg. I dou't know ol artytbing else 
she wore. Tbe new dress she wore while 
at my bouse. Sbe was a very good look- 
ing woman, of good appearance — I should 
think ab')ut 25. The ehitd 1 should 
aupposft from ks appearansn was about 
ten months eld ; 1( had sosae front te«th, 
I did not Hf e k washed or dieased ; did 
not see k undressed^ Did not obieive 
her teeth. I vem«mber ber hmr w»« 
brown — J would not say for oertHin how 
abe wore it.. Site waa very thinly elad. 
1 did not see any night dress. I would 
know tbe trunk aa m'ar as I could tell 
one trunk from aupther^-rtrnnk shown}; 
that is a trunk of' the same appesranc^ 
of the one she had while at in;* hoiise. 
I saw the parasol; [parasbl shown}; that 
looks just Hke the otte/St was black ; she 



had a Tery heary head of hai{r. ([9kht 
shown] She bad that sane ekhrt when 
she eane to my honse on Mondav after- 
noon, she wore a black dress. [Child'is 
on derskirt shown.] Sheteok that off the 
ohilk the morning she left. [Blue dress 
shown.]' A dress like thst hung up in 
th»rooin. 6he put the two little skirts, 
which she made, on the child whptt 
she went away from ny house, ((Tniid^s 
cobUrg dress shown.) h had that 
on when she came to my koose ; after 
she took that off she pat on the child a 
dress of much the same color, with twa 
little ruffles or frills around the bottom . 
rCbild's dress prertuced with ruffles on tbe 
bottooi,} That is the dress shs put on her 
ebild whUe shs was at my ^touse, and the 
ehtld had it en the monung ska went away. 
She made the child some underclothiBf; oui: 
of some of ber own r her dress was black 
coburg, very puor, (Piece of dress shown.) 
Thst isiuat stub matfrisl as lie? dress was 
made o^ irhich site wore whan she went 
away on Saturday morning ;; that would be 
a piece off of the bottom' of the|dVess ;: that 
is braidt (pointing to braid around the 
p{ece,> her dress was bonnd with black 
brbid like it. 9hb had a d^rk hat, trhnmedf 
with Mack. (Fragments of underskirt 
shewn.) That looks just like' the same, 
with the same kind of red* trimming as wb» 
on hers ;; that is some of the same off the 
bottom ct* the skirt. She had on blue Rray 
stockings. (Stevking preduced.) Thai; 
looks like the otockmgs she wore ; she 
wore white ovics a part of the time ;• 
I don't remembev her saci^e. Her hair 
was middling dark brown, &hi3 oiled it w«ll 
at my house •; don''t know whether I would 
know it. [.Hair produced | It appeared 
be a darkier brow», but h«?rj was oiled ; she 
had a rery ht-ary h«;aid of hair. There wa& 
a gentleman sailed to see her while at my 
house ; I would not knoW him now. It 
was en Thursday, between eight and nine 
ir» the morning ;- she left on Hatntday. be- 
tween ten and eleven o'clock . 1 did not 
see the cjoachman coins for her. I saw bet 
lust in her room about 10^ o'clock. [Son- 
tsg shown } Do not remember the color, 
: but thai is the same material— it was Berlin, 
Do not know who west away with her. I 
, saw the same person on Wednesday after- 
noon call to see ber. I took it to be the 
sime. I>o not lemembcr aboat the cbikV^ 
pinaofore, only that it was a pink on«, 
(Pinafore shown.) That is the same eolf> . 
but I could not s^ ^that that is the on - ; 
It was ealreo, and that is of the same uia- 



TBITEUtf 



t 



i*hen 
•fler- 

off the 

) drnss 

up in 

BklTtB, 

whpn 
Tnild^» 
i that 
; hfter 
child • 
ith twa 
lottom . 

on tb» 

on Iwr 
and the 
tt aw»y. 

IB black 
shown.) 
•ess was 
t^e went 
rouM be 

ISB r tt»at 

und the 
th black 
ttftnmedf 
nder«kirt 
le same, 
f( ns wafr 
e- off the 
due grny 
That 
re J she 
time;- 
ier hair 
d it w«ll 
I would 
kppenred 
lied ; she 
ere waa 
\\e at my 
. It 
nd nine 
ay. be- 
did not 
saw hef 
[Son* 
|he color, 
Berlin, 
her. I 
.ay after- 
be the 
e cbild'^ 
ik oii'v 
.e eol'> • 
he on • ; 
lame m^- 



tarUl. I saw her 1wt« • pink pfaafort on 
the child on Saturday morning. Ct^o 
pianoforesprodQced— one not faded.) They 
haTe both been of ^e same material. I du 
dot know anythhig ' about the shoes or 
bOcks. Her trunks and small black bag 
wei« taken awiy from my honee on Mon- 
day morning. - I do not knew of her taking 
away any luggage with her on Saturday. 
She put the ar,:all trunk in the large one 
before she went away on Saturday. I have 
never seen ker since that Saturday morning 
at IJD o'clock. Har lutcgage was taken away 
ou the Monday following between 7 and 8 
o'clock. Mary Black and Maggie Magee 
were living with me as servants at that 
time. t ..-„ ; 

Crosa-fxwmned by Mr. Thomson f' ^ ' ' 

Q. — ^Mrs. Lake, your feelings are msde 
up very strong against Mr. Munroe ? A.— 
No they sre not. i don't think I have ez< 
pressed my opinions Tery strong against 
hip. I have not aaid that I thooghi hia» 
guilty. [lilaek Qoburg d'CM produced}; I 
swear that that is thf ume material as the 
cloth of her drMa,,,wJiu!e|i labe iiffve vbU9 M 
my house. . ,,.(,.,,,,,... ;,h„ , ., „ 

Q.^Do you adhel^ to your sta^eniPnt 
that that is the same material of her dtess ? 
A.— I swear it is of the same material. 

Q. — Do you tviresr that that is the identi- 
cal dress which the child wore at your 
house ? A.— I swear that is the dress that 
child wore while at my house. I didn't 
mark it. ' '■> '»vfr! ! .>>!.-• ;.*.•.' ' -•>»•■' ■ 

Q.— Suppose that sime dress had' been 
given by Mrs. Clarke to somebody in Saint 
Andrews three months after that child was 
at you^ house, and worn by another child 
in your house, would you know it i A.— I 
swear I would. 

Q — How often did you have that child in 
youtarihik? A.— I had it my arms a good 
many tipes. She was uut down town 
twice, I had charge of her child while she 
was gone. I was not with the child all the 
time. It did not wear that dress all the 
time. I would know that dress if t saw it 
on any other child. 

Mr. TsOMsoK, holding in his hands the 
remsine of the faded tier, Do you swear that 
has been pink onoe^ A.-^l do swear it has. 
I do not temeiUber whether the gentleman 
wha called <ni Hrs..01arke was Uuoroc or 
not ; it was 8 o'clock on Tbursdajr morning 
when I saw the g«ntle.a»in . Ht my house. 
I havenevtrr tal'l^e^, (t^, n^tec.ove^ with 
Maty Black.,, ^;„ J^'^^ ^^^ ^^..^i, , 

Re'examined by Attorney General: 

Attorney General, producing the child's 



sworn. 



iv« 



oraaa— Show iw in/m* JMt Qnd oa ooaite 
sewing? 

Witness— There ia the ooarse sewing, nnd 
that ia the peculiar way, that it waa turned 
up ; I swear that is the identical dress, 

Attornsy General wishes to produoe the 
other dress found in the trunk, to. oomparo 
with the dress found with the remains. 
Mr. Thomson qbjceu ; the Attorney Qene^ 
ral does not press the matter. [Faded tier 
shewn.] (To his Honor)->I say that where 
that is faded, in my opinion, it has, been 
all pink, and the dress which the child bad 
on Saturday morning was all pink. .^.^ 

Blxnmined by Mr. Tuck. 

1 live at Mr. John MQFari.jne'a, on 

Queen street. Am single. Li^ed at W«n. 

I^ake's, Union Hotel, in October, 1868. 

Left there after Christmas ; waa there until 

then. I remember of a wosaan sund ebtld, 

callad OUrkjS* comini; to Laka'a, near the 

last of Octoter, 186S, I waa up^ stairs 

whenth^oame% liiA not see Iham eoaie. 

Tommy Wurdan brought them{ <do not 

know , what time of day, only it waa in the 

afternoon. She had two fooma •« the 

second flat. I think the ohild waa abont 

tea or twelve months old. She waa a young 

looking woman. It was in the early pert 

of the wi>ek when she came. Did not see 

any person come with her. Her hair was 

tea brown ; she had a good deal of hair. I 

did not notice how it was done up. Did 

not know John A. Munroe, (prisoner), 

until I saw him here. There was one 

roan came tc see her while there ; do not 

know who the person was ; 'he came in the 

evening of Wednesday to see her ; no one 

else called to see her ; he saw her inside the 

front room door, that was one of the rooms 

she occupied. I did not observe her teeth. 

She had no luggage when she came; her 

luggage came after. I do not renumber the 

kind of trunk. She had on a thtn black 

I coburg dress and a white skirt embroidered 

on the bottom ; she had on a black straw hat> 

I don't recollect how it was trimmed. The 

child had a very dark dress, with one rnffl} 

at the bottom and around the sleeve, had a 

little grey woollen aacque, steel color; 

[dress produced] that's tbe deeaa I saw on 

the child the inurning she lett Mrs. Lake's ; 

it had two ru^ea pn the bottom ; [sapque 

6 lown] that's the •acq.Ud j;ha child had on 

the morning it left Mrs. tiske's ; did not see 

the child's hat or skirts ; [remains of dte*A 

shown] thalTs the aame material, only it is 

fadad. of th» dsesa whioh tha wotnan had. 

on. I did not observe her stockingji. She 






II 1] 



left on Satnfdar morning, betw^n pine an4 
t«W o'elMk. T <ld*l!»*fi<fW bf Tr**maWAg 
any change in thu ■tockinKs which «be 
irote. Did not are the trunk opened. I 
waa in her room : did not tee any clothes 
hanging up in her room, fbkirt shown] 
I ncTer aaw that skirt ; [remains of embroi- 
dcnry abotrnj that i^ the snme Hort of em- 
broidery I saw on her skirt the morning 
she left Mra. Lake's hotel, I would know 
her hair : [hair shown] it is the same style 
in whieh she had her hair done up the 
morning she went awny ; it is the same 
color, only a little faded ; it was parted 
each side and divided at the back, and 
braided and rolled up and pinned in a wa- 
tcrfall on the back of her head, and the front 
part was combed up off her head and rolled 
around off her finger ; t[hair shown again] 
that is the way this is done up. She had a 
grey wodHen aacque. bound with black 
brAid ; [reaains of saeque shown] that is 
the same as I saw her have on the morning 
she wenrt hway . She bad a kind of a red* 
dish pink sontag f sontag ahown] ->one was 
worn by Mrs. Clarke and the other by the 
child.' M^s. Clarke had on a sontag on the 
momfiig the went a*ay, but I don't know 
whether the child had one or not. t^he 
(Mm. Clarke) Wore a blacli eoburg gari- 
baldi, with kind of long buttons with scars 
across the top ; [buttons shown]-f,tho4pare 
the aame buttons she had va hei* saeque ; 
[another button shown which was found in 
the trunk] I think that is the same as the 
others — there are creases in it the same as in 
tho others. I did not see more than one 
garibaldi — the garibaldi was black eoburg. 
She bought the garibaldi on Friday ere- 
ning of the same week, while the was at 
Lake^d. She sewed strings on the baby's 
8ontag while she was there ; she bad it 
when she came. I donH know whet kind 
the etrin^a were ; it was the little piok 
Rontag which was shown before. I aon''t 
know whether those were the strings or 
not. The child was a girl : I never heard 
her caU it bv name. I did not see the 
child's eap ; I did not see it undreaaoa. 
It wore a bandage with somethinf hard 
in it, about «■ big as a half doilar. I 
saw the bandage, it Was made of white 
cotton. [Baodaffe shown.] That is like 
it. I put it on the child and pinned it on 
the back, bat didnH know what it was 
for. The child wore ti^ bAodage on its 
atomactn. ' 

To Hi8 HoNOB Hie ttard material 

in the bandage was Mwsd through, fint 



one way and thenil|kijB|ber. _ . , , 
I didri^t see whafWf UfX Anfl dtft»\ 
know what place thia nW sabatioce 
touched. I think it waa Wednt-sdar or 
Thursday when I pvt this oa. I was pre- 
sent once when the child was washed ; it 
was stripped to the sbookiarB — that waa 
Friday muroincr* I gave the child a string 
of beads, or gave them to Mrs. Clarke 
for the child ; they were unstrung. The 
child's neck waa a little chafed on one 
side. [Beads shown.] Thosie are the 
samekind of beada I gave her. .1 geve* 
them to Mra. Clarke for the baby's neCk. 
I wasfied a white tier, bound with red, 
for the child the mbrningshe went away. 
I would know thn tier if I aaw it. She 
left on Siiturda;!^ morning in Tommy Wor- 
den's coach. "There waa a man in the 
coaob. She took nothing with her but 
the child. I donH know what tier the 
child had on when it lef^. It had white 
hair. [Hair shown.] That is the sane 
httir aa I saw on the bab^. I dttn't know 
what kind the trunks' we^^. [Satchel 
shown.] She bad that wttb her ; that is 
a satchel or travelling bag. She, had it 
the morning she went away, but I did Oot 
see her take anything away but the child. 
The trunks went away on Monday moro- 
ing, but I don't know who tooK them. 
She crochett-d a piece ol lace while she 
waa at Mrs. Lakers. I did Qot take nor 
tice what it was like. I have never seen 
Mra. Clarke or child Hinee, 
Cross exanuned by Mr, Tftomson : 
There waa nothing to cause me to no- 
tice Mrs. Clarke's dress more than any 
of the other boarders, I know the sontag 
is the same as she bad when she went 
away, I swear that that is so peculiar 
that I never saw one like it before or 
since, there was little white and Very lit- 
tle black about the border. There was 
plenty of the same kind of stuff of her 
dress. I suppose there could be othera 
of the same color ; I made no mark on it» 
and took no more notice of it than of any 
other of her dresses; I never saw any 
like it. There are a great many persona 
wearing the same kind of atuff as her 
clotbea. I get the beadi from a lad/-*' 
I never bouebt any. '<■><'* 

Q.— (ByMr. Thonmcm, showing i^^ 
other string of beads.)—" Will you 
swenr that those are not the aame kind of 
heads?" 



■ a I.,- 



35f.i?PMfr 



% 



to no- 
an any 
aoncag 
ent 
ecu liar 
tore or 
ery lit- 
ite was 
nf her 
others 
oo it} 
of siiy 
w soy 

(UrSODB 

as her 

lUdf— ' 

ig sn- 
^l you 
dad of 

f 

kui j A 



A- — No ; (he others are a little bit 
]ltjri!r,'*hd « Kdtllf 'tWl *dMlfiR»r Ifkifti 
the beads to Mrii. Clark bn FciiffAyinftTti' 
ine I think, thouf^h, it iras SaturdnV 
morninff before she went atray. I wash-ra 
the child's tieN and gave it to Mr* 
Clarke, the norninflf before she . wciit 
away. I did not notice ho« the child 
was dreiscd. I mean ihat the dress ifith 
the rulfles on it looked like Uie one 
the child wore. I've seen quite a gvod 
deal of the same material wurn by childs 
ren. Mrs. Clarke's kfiir was the iisufti 
colour. It Was nicer and richer than a 
goed many. I hate seen some like it, 
though, I gave ber the pins she used in 
het* hair, and stood beside her when she 
dressed it the last morning. It was the 
tame color of this hair. I do not reool- 
leot what day of the week the man palled 
to see her. He caihe some time 
early in the week, t ^ cannot tell 
whether it was Wednesday or Thursday 
I swear it was oti Wedti«sday afteraoou 
he called. I do not remember of a Aian 
calling^ on Friday. 

Q.— Did you not, in thd pil>6beeding^ 
before Dr. Earle« sweai^ that a gentle- 
man called on Friday momihg P A.— I 
did swear to it. A gentleman did call 
on Friday morning, and saw Mrs.C^arke 
in her room. I have no doubt about it 
whatever ; I could not say wkdiiier it 
was the same person or not, i tliink ic- 
was ; I am sure it was the day before 
she left ; it was some time in the mom» 
ing-of the day before Mi's. Clarke went 
away. I do not recognise the trunk, I 
thought it was a yellow trunk t I swore 
before the Coroner that it was a yellow 
trunk ; I only swore to the best of my 
knowledge ; I knew I was wrong next 
raornitig when I Went jhome, becailsd I 
had seen a great many trunks ; I iswore 
that I helj^ed a bpy doytra stairs With the 
trunk. ,. -f,^ •! (Tf.j^i 1 .x*h:ii i '^ '•'• <■ 

Re-examm^by Attorney OtmeriU, 

I find now I w^is mistaken' about the 
trunk : I believed at the time it was a 
yellow trunk. None of the other board- 
ers had two rooms, i was not in her 
room much. Ndne of tRe other boardk 
ers had children with them atthattipaie 
but her. I have nbver^ ^e^ a sontag 
like that one she wore before or sl^ce, 
it was by the peculiar colors 1 reoog* 
laized it. I remember it was Friday 



when the gentleman called to see Mrs. 
Ohtrwj ;^»low it ^a«. t)^'Aa8e it' warf 
th« fti)6hilng 1 had the most sweeping 
aitd dasthig to do. 

JAMBM'UiRBIV, 8W0RN. ^lnQ 

Examined iy Mr. Tuck: '* *^*^ 

1 live with Mr. HuIItvan. in Carleton. 
I think I am something like twelve years 
of age. My fttther and mother are liv- 
irtg at Sand Cove, in the Parish of Lan- 
caster. I knew Sarah Margaret Vail; 
I lived with her; I think it was the sum- 
mer before this last she lived in Carle- 
ton ; no person else was living with* 
her. I could hot say whether she was 
married or not ; she had a child— a lit- 
tle g!rl,-i-! cannot say how old it was. 
i think I lived with her about two 
months. The child Was born wh6n I 
wont to live there. There was a young 
man who used to qome there quite of- 
ten. " ' ■' rr 

Mr. TtJcK^— look troanc^ ^d •««^lf 
jfbu can see him. ', ' . •' 

' WrrNEi8--To the'b^st of my know- 
ledge there he is in the crib theroi 
He useq to comfB op Sundays, and stay 
aboot pne hour to the t>e8t of my know- 
ledge and belief. He used to go into 
the front room with Miss Vail, and I 
would be in the kitoh^s with the baby. 
She (Miss VaII) appeared to be a nice 
girl : she had a kind of light brown 
hair ; she used to wear her hair in a net 
with a black ribbon around it ; she nsed 
to wear a black dress, a black straw hat, 
an embroidered petitooat, a tljght brown 
cape. 1 remember the bottom of her 
drawers wer^ embroidered. The em- 
broidering was just like a little bog all 
embroidered. The skirt wfta white em- 
broidered. I would know it if I should 
see it. (Skirt shown.) That is very 
nmoh like it indeed. (Drawers shown.) 
They s««as to be her drawtrs. (rieees 
of embroidery shown.) 

Mr. TucK~"lj00k at thess, Jane, and 
see if you ever saw th«m before.'' 

WrrNECs-Those look very much like the 
drawers dhe wore when she wenta^ay. 
I rembmber ihe had a Garibaldi with 
black s|lass buttons, wiflt a little bead 
through them, up the front. (Buttons 
shown.) I CQuld almost say tboae were 
the very buttons. The dress which sha 
wQre «as a t^in black dresi. I could - 



'Mi 



I 



'I 



5i 

•Ql lay whf t il was l{k«. I tUnk il ir«8 

BTfUy good. (Reopina of drea* •bovn.) 
That i« v( ry much lika the jnaUriat it 
was brfnrhter and blacker than that. 
Only fur that I'cotiM almost say it was 
the same dress ahe btid oa when she 
w^nt wt»y. She want away in Mr. Lit- 
Uebile^B waggpn. It had been raininfr; 
It wa« audiiner time. I woald know her 
hftir if I »houJd see it. Her hair waa 
light brown. fHair shown.) I oould 
almoat ^ay that win bar's. It looks very 
much like it indeed. She had a good 
head of hair. It looks very mupb 
like the w^y fbe wore her ht«r. ^I 
used lo take care of the little baby ; but 
don't know j\Qfr aid it was. I dureo^am- 
^er how many teeth it had > I ibii>h it bad 
«ogae ; it used to be troubled with its 
qaouth ; the water used to keep runuing 
out aa if jt were getting teeth. 'i*be baby 
had light hair. [Baby's hair shown.] 
That is very much like the hair indeed!/ it 
tiBs cleaner than that, tlie baby wore a 
light brown ,dresis .with a little <;[ttinipg 
aitianit the bottom, and it had another 
dress ^of the s^me material, with a floiinc^ 
liro^nd the bottom of it. I coold hot just 
say who made them or what they were 
made fiom. I saw them an the baby. (Re- 
ihaine o( baby'a dress shown.) That's very 
much lik« the nna which had flounces on 
it ; when she woscaway the baby had a little 
brown dress, withquilliag around the hot* 
torn of it; fdresa.BhowpJ that is the dress 
ti^ b*by woip when ahe was going. away 
from booie with Ht, Littlehale. I have 
never seen her since, nor the baby. X think 
tne babv bad a^ottop petticoj^t. X used to 
dre»s the bsby. Thiere used to be some-, 
thing harfl wt^rn Just below its little ntom 
ach. I nevei* siHw its stomach w^th the 
bandage oflT. it was something like a fiah'- 
nol. I never took particular notler. Ther* 
Was some kind of bard substance in the 
bandage, abom as large as this (measuring 
on the palm of her hand about tkt size of a 
penny). fHandage shown] yea, that is 
#bat the hoAty had on. It feels jast the 
same as that, substanee did in the one the 
child wore. It bfd little blapk kid^ boots 
at4d woollan atockiaga wi^ blue tops. I 
c^'t Mmeiaber, the colqrof the footing ; 
!»lj9^,apd8tocfk^g shown], they look jexy 
m^ch like what the 4hild wore when they 
if ent away. The bab^ Wore a little white 
hVtV [hat wHtish was fouiid in the ti'unk 
produced] th'tft ia fhb hat the baby ^orie 
v^en it Was f oirig awny. the baby Wdre 



whMi l^tiilff A Uttl* ifliilf hatr. (lat (torn 
tr^ak, ekofrn.\ Ttet i i» tb» hat the bab y 
wore when it waa going awaji I da not 
kjoow the material. (Saeque shown.)— 
That, is vpry inoch like what the b*by had 
on When it Was going ewsy. They went 
in a lii^ht wagon with Mir. Xityehale— 
Miss Vail ahd the baby together. The 
baby' hi^ different stockings. It had a 
pair of cotton ones With a rib in them, 
Then it had Woolen onea, too. 

Q..»When was the last time you saw 
the person pointed out here at- her kouae i 

A.—-]t was that day or the day before. 1 
heard nothing said, and did not aee them 
together. I do not xememher having seen 
him again, aad. never saw Hisf Vaii pinee. 
(Threa pairs o£^; atofskings from trunk 
shown.), Tbeae are the stockings. 1 QaX- 
led the bpby '^BUf May." I did not call 
it any other name, 

Cr«s»f€xamne4 oy Mr, Thonuon r, , f- 

jQ.^Little gir), have yoa talked this, mat- 
tv over nuok aia<(e yfu were firai o^Ued 
to b* <^ witoeas la this case } i 

A.— r don't think ( have. People have 
ticked to ma— pot much ainca the Cf ^nar's 
Inquest. I paid Particular attention while 
of. Mias Yail s to the eoWra of the clothing 
tbertf. I nevei saw a dress before which 
had been render the stiow. I' do mean to 
say that that dress shewn is the sanie 
dress. 1 don't know about there being two 
dresses alike. That dress looks like the 
same material. These atoekings ave the 
same. These artiolee which wwe an der the 
snow 1 know by the material are the aame 
the ofaild had. BAbiea wear suoh mate> 
rial. . 

a.— You think because thatia the ma- 
t^isJ, it is, the same dress? A,— (.), if a 
tbesame dress* ^r;, I. know the dress the 
baby wore. .j .• 

I know what it is tq take an oath, and 
1 know the dress tTie ba^y.wore, and I think 
i ought to swear positively that is the 
biiby's dress. I neVer saw a dre^s like that 
op another baby. 1 never saw a dress be- 
fore whieb bad )b«en under the anow. The 
Caburg Misa Vail ware waa thin and v^y 
good. The pieofo sboiirn I am fcure are the 
aame. 1 doa'ttHiy thexecould not be au* 
o^hfr dresa like it. but X afn^aufe that ta 
fi^iss Vail's dreast , (Counsel aaked Judge 

to note^be ^ei^y,X > 

Q,r-IJop't vou think it ia ya'y wr^ng f<>r 
a Uttle ^ irl iike vou t^ f wear that way f 
A.—t> no, sir, li lan't; because it is the 
truth. •, ^ ^'^'■>^';''''-1 y ■■-• ^ 

Ci.^if tliAre^M '«ftbtliiBt^ Aess of the 



niKtstAii 



'—A 

; 4* no( 

)wn.)— 
Ibjr bad 

ly went 
lehale— 
it. Tli«J 
t had a 
B then • 

jrou aaw 

Houaa ^ 
efore. 1 
see them 
ring *•«" 
aU pinse. 
Oft tiitnk 

thisnat- 
rat o«U«<l 

sopU have 

ition while 
le clothing 
iotb which 
o mean to 
the aAine 
being two 
like the 
. aM the 
vnder the 
, the aame 
lUQb mate* 

lia the ma> 

..-(.), it* 

dreu the 

I oath, and 
^nd I think 
tt i» t^e 
J like that 
I dress be* 
jiow. The 
[n and v&y 
lute are the 
|f»ot b« «n- 
\))|e that is 
kked Judge 

wrong for 

I'tha^ way f 
L it is the 

[ess oi the 



Mm* iBitiHfer pot ^dt ii^ )ittM Vait*. 
woald yofi Irqw the diffeience) A.— i 
do not think^ so. 

No one eYer told me that those remains 
were Mlm Yail's ; r did live abont two 
months with Miss Yail and the child wos 
called Ella May : I did not know Misa 
Vail's «»«rer, Mrs. Crear, or see her there ; 
the gentleman 1 pointed out is the osly one 
who ever called at the house i I don^t know 
who made the bandage ,' It was romp time 
the flummer before last that Miss Vail left 
the house, and it wa» booght by Mr, lAt- 
tlehale. 

{; Se-examined by Attorney General, 

I used to see the child's dress con*taiitIy. 
and know it in that way ; 1 don't know 
who talked to pje before the inquest; what 
I have 8 worn to I know and believe, and 
om not influenced by what 1 hare beMdk 

JOHN C. llTrXBHAtB, SWOrO. • 

Examined by Mr. Tuck. ' ^^^^ 

Have resided in Carteton sixty years ; 
knew John VniU it^ho has been a«ad two 
teare ; I knew his daughter Sarah Margaret 
Vail ; she was suppoaed to be a single wo- 
man : I bought s*m« property from her 
early in October, 1868, for $500 ; I bought 
it for my son ; I paid her the $600 in the 
house I bought, when she feigned the deed ; 
the money was some in Comnercia) and 
some in tit. Stephen Bank bills ; I think 
she pui the money in her bosom after 
.James Olive counted it; I know the prisoner 
by sight and seeing him pass often } I saw 
her father during bis sickness ; on the day 
she sold the properly I drove her in my 
lightwagon to Mr Janes Urittain'o ■, I think 
she had only an ordinary travelling bag 
with her. (Bag shown ) ic was oneaifmi- 
lar to that, -, ! ,. 

[Witness produced the Deed« dated Oct. 
5th. 1868. I>eed was asked to he put in 
evidence and refused by Court, on objtetion 
being made by Mr. Thomson } 

I have net seen her ^inoe. bhe was nioe- 
looking, and ot light oomple»ion. I would 
have known her it I had seen her eino*. 
The child was with- her when I topk faer 
away. 

JOSEPH KBNNBDY, aWOm. 

Ktamined by'Mr. Tuck. ^ \ y^, 

I drive a stage for Mr. Ingram ftbW'St', 
John to St. Martins. I was driving )ast 
lall. I have been sinc6. Ikiiow where 
Collins lives. Once I experiencecl a sn^ell 
in coming along tha road ; it was about Ist 
of last August. Mr. George Parker was 
with me ; Id6 liotknotr -where his fAtber 



Uy, HebtfteaUp^hQildar'tMa. 1li«ff4 
were other* hot they w«v» etyaoiera. The 
amdl wa« very dtasgreeahte« > -"n I .' i)^- 

C^a8-eatdtttined by Mr. Tko4ni&k.' '■ 

I passed twiee a "week all sttnimer. t 
only experfeiioed th la smell once. I kiiow 
it was the ssnte pfvce, becattse there was M 
grove of bushes there. 

Q.— HaT* you be?n there ^ince ? A.— 
Yes, 

Q.— Ts not that the way you can swear 
that it was the place wher^ yon experienced 
the smell } A —-Yes. 

The road io middling straight with a lit- 
tie crook } ifhe crook is abont a quarter of 
a mile from the place where the iremains 
were found ; there is a middling thick wood 
where the road turns ; there is a young 
growth ot fir and 8pr«ee here ; if a person 
went into this wood the length of the Court 
Htfuse he could not be seen from the road ^ 
there is only a grove of biishes where tho 
remains were foand .' I nerer went through 
ttom one road ta the other ; 1 dohH know 
how fhr it is : I ecsld from the stone, see 
the catting of thi Quaoo Road ; fram Ifi 
one eoultt see a .stag^ drirtng along the 
Black Uiver Rood * I was in one da/ witlr 
some women ; I codld nbt see my wagon 
after I went in to the rottk v i'i (the WagtMi) 
was opposite the place ; I csnnot say wheth-* 
er the leaves were on the trees or not ; ' we 
stayed only a few minutes ; I £ould drive 
the staee from this place to Banker's in 
about live minutes ; could do it in five or 
ten minutes, acoordiiig to hf<w I droVe ; 
the distance is ant great from this place to 
Bunker'* : it is only about half a mtle ; 
from Bisnkri's to the finger-board ia a little 
over a qaarter of a mUe; the fingers-board 
is about half way between Bunker's and 
the place. . ,, , " 

lie-examined by Attorney General. 

When the remains were found 1 recMlect- 
ed It was about there I had experienced the 
disagreeable aotell ; I don't know the time v 
don't know whether the leaves were on the 
treee ot not ; the horses were left along^de 
of the path ; I could not aee them fotn the 
rock, 

LoriSA XLLs, swon», .,,,. 

Examined by Mr. Tuch : 

I am « wioow -^ roHide in Gnrleto» ; have 
lived ther^ twenty-two year», X knew 
Sarah Margaret Vail ftovk the time wUtxn 
ahe was a child of five years. > I knew her 
father aud mother v hortntuiher d^fd twenty 
yearn ago Iw»t month v ner fitU^i: djed two 
years 9g^ this mMife^'. She Jired ia her 
fhther^s boiise until she iiotd it \ it was lu 



tJO 






lancaf<tcr, a little way out of Catteton. 1 
know tiM pr^mr. Twtis In the habit or 
Meing him tWelT« yrtmi agn, In ^ncew 
street. 1 never mmt Mm aguin anti! I saw 
him at th« trial before the Polies Magis- 
trate. I know Miw Vail bad a cliiid one 
year ago Inst February ; U was moot three 
moDttis old when I saw U. I saw it near 
the last of April ; it was bom about the 
4tli or 5th ol February ; J cannot tell the 
exact day. I saw the chdd stripped ; it 
was ruptured at the naval { J saw nothing 

rorn upon it, ftbe rupture) at this time, 
never saw the ohik! afterwards. There 
was nothing on the child when I saw iU I 
had known Margaret Vail from the time 
»he was five years old ; she Was light oom- 
plezioned, with light brown hair ; she was 
not tall but pretty stout. I recollect lier 
hair very well. ( Bair shown.) I should 
say to the best of my judgment, that is 
her hair ; and the way she wore it ; I saw 
her once utter the time I met her in April; 
I met her opjiusito the Lunatic Asylum ; 
she was wearing blacic for her father ; f he 
had on a blaok hat, with thih trimming on 
it ; I cannot sJEty exactly wDen she left Corle- 
ton, but it w;a8 sbottly after she sold her 
plajof. " 

OroM ^vaminad by Mr. Thomson : 

Q. Light brown Is a common color 61 
hair, is It uot? A. Yes. ii \s. 

Q What did her mothsr <MisB Vail) 
call the child? A. She told me its name 
was £lla May Munroe. 

Q. I>id sne in speaking to the child call 
it £Ua May Munroe ? A. i never heard 
her say anything to the child j she told me 
that was its name. 

Q. You say then it is a common thing 
for girls to have brown colored hair? A. 
Yes, sir. 

JANB CAifPBELL> SWOrU, 

Examined by Mr, Jttck : 

I live in Carleton ; 1 am single t t am a 
milliner. I cannot say 1 knew the girl 
Vail, but I knew a girl I eupp<Med to be 
Miss VaU. I ke^f a shop in Ring street, 
Carleton. I tnade up a straw hat. It was 
white, but Was afterwards dyed and trim- 
med It was dyed bUiok and trimmed with 
illusion and flowers, ^his was a yeHr ago 
last September, to best of mv knowledge. 
Mrs. Orear, I think got tlie hat. (Ue* 
mains ot hat shown.) (Witness examined 
this closely.) the straw is the same kind 
as the hat was made of. The illusion and 
ribbon is like what I 8uppo!« the illusion 
and ribbon on the hat would be. There, 
(Looking at a pteoe of the remains) is a 



broed rlbbop -whij^i I do not vqooUQCt (To 
thet!6urt.} This (picking out a piece of 
the remains) Is illusion. I do not know 
if Miss Vail was at my shop or not. I don't 
know who came, hut I think Mrs. Creat 
took It away. The time was, I think, 
September of^lSAS, I have seen her once 
since in my store. I think about n Week 
aft^r. She was dressed in black. I don't 
remember what was on her head. This 
was the laAt time 1 saw her. 

C)'089 cxctmiued by Mr', TJtomson ; 

Q. You never saw her weair the hat? 
A. No. 

Q. Did you trim it? A, I know how 
it was trimmed, thongh I cannot say 
whether I trimmed it or not: I don't re- 
member of her giving the order. 

Q. You said you did not know anything 
of the wide ribbon ? A. Yes ; I don't re- 
collect the Wide ribbon ; I can only say the 
straw, ribbon and illusion which were on 
the hat were like thoM of the remains. 

Re-ezapiined by^the Attorney Oe)ieral: 

The straw, illusion and narrow ribbi»k 
(of the remains) is like what I put on the 
hat. 

CTNTHIA F. ^bYKBlf AN, SWORl, '< > "' 

JSSxamiaed by Mr. Tuck ■• 

1 am married) and live in CArleton ; I 
have lived th^re since 1840 ; I am a dress- 
maker ; I keep no store, only a private 
milliner shop ; I was somewhat acquainted 
with i^rah Margaret Vail ; I did work for 
her some two years and three or four 
months or more ago ; I made two dresses 
for her ; I don't remember the materials ; 
one was blue ; I don't remember the other; 
it was similar in material, ot a brown 
color ; two mouths after £ made a saoqne 
of blue grey Whitney cloth ; I had made 
dresses for her before that time (Blue 
dress shown.) I don't reoognlEe it. (Wit- 
ness did not want it near her, and seemed 
unwilling to look at closely.) I cannbt re- 
cognize the work ; 1 can see the work ; I 
don't remember tho .material ; I don't re- 
member Whether the drMS was like that or 
not. ^ 

Q. Js the color of this (showing dress) 
the same as the color ot the one you made? 
A. This is fiided. 

Q. Is this blue or green? A. It is 
blue, sir. 

Q. Does this resemble the dress you 
mMe? A. I said 1 could not tell. 

(Remnants of the sacque shown.) 

Q. Does this look like the fragments of 
the sacque? A. The saoquo was new 
when I saw it ; this is only remnants ; this 



is Whi 
ffrey; ( 
upon it 
ing bi-fti 
(Eiul: 

Q. i 
(The W 
A. Is< 

fjefore ; 

yards of 

was a be 

more sin 

lost aboi 

S never I 

MV« Vai 

(Same 

Q. Is 

No, it is 

'^Draw 

*t IS crot( 

urould kn 

nnd the o 

, Q. Yo 

have a mi 

tell the d 

M«. IV 

been well 

l<rklno 

•she had i 

jaw longe 

were very 

k)oki»Iike 

Q. Wh 

Wh1t»tee1 

^Q. Ind« 

they as reg 

amined hei 

she was tal 

dress. On 

Cross ext 

I did nc 
teeth;! sa 
dress, ta 

TheCSoul 
iTiday. 



Oonrtope 
as many spc 
occasions. 
Mr. Tuck hi 
be allowed t 
mains wore i 
siroaa oJTdbi 
Mr. Thoibso] 
oqjeotioii, pi; 

wmMr hitte. 



THE TRIAL. 



dress*- 
>rivate 
ivintcd 
rork for 
fotir 
dressed 
teri«il» ; 
other; 
brown 
sacqae 
niadd 
(Bind 
(Wit- 
seemed 
nnbt re- 
work; I 
on't re- 
that or 

dress) 
. raader.' 

It 18 

\caa yott 

lents of 
las novr 
ItsithU 



In Whitney cloth ; nod il Is a tnded blufr 
grey ; the one I mine had binok ttkirt braid 
\>pon it ; that '» black braid there (meno- 
inz brnid on romaaDt of sacque.) 

(EiulM-oidery shown.) 

Q. Can you see it rrom where it ia? 
(The Witness did not want it n?>ir hor.) 
A. 1 8oe it sir ; 1 have seen some like that 
^Mfore ; it is compass work. I bousht two> 
yards of it fronk aarah Marcarot Vail: it 
was aboat two and a halT years ago. or 
more since I bought it. I saw Mistt Vail 
lost about the time of her father's death. 
I never knew of my own knovKledffe that 
MiwVailhadaehild. 

(Same embroidery sliown.) 

il. Is tliat worlc done by hand? A. 
]({o, it is done w'ith a needle. 

^Drawers shswn.) ' ' 

9. y this the same kiod of worV?- A. 
It in crotchet work ; a child four years old 
^xould know one was done with the book 
and the other with a needle. 

Q. You mean a female child ? A. 1 
have a male child of that ag9 Who oould 
tell the diflbrence. 

MiiL. Tuck:— Which shows th« child has 
been well educated. 

I Hi notice th» appearance of her t^th ; 
she had one to tbb right, in tb^ upper 
jaw longer than the ouers; the others 
were <very even. (Teeth shown.) ThAt 
lo6k» like the^ tooth. 

Q. vVhat kind of teeth had she. A. 
White' teeth. 

Q. Indeed. What kind of teeth were 
they as regards quality ? A. I n^ver ex- 
amined her teeth. I only noticed thenk as 
she was talking to me ^bild f fitted her 
dress. One was a very long toothy 

Cross examined bi/ Mr. Thomson : 

I did not pay much attentiop to h^v 
teeth ; I saw them as I was fitting her 
dress. 1 cfumot identify the dress. 

The Court a4)0Hrned until ten o'olook, 
Friday. 



Friday MoKNiNa, De . lOlb. 

Court opmied at 10 o'dock with aboat 
as many spectators pxeaeot as on ioraiar 
occasions. Tbf Attwnev G$mi«1 said tbht 
Mr. Tuck had suggested that the Jaron 
be allowed to visit tha. place where the re- 
mains w0t:6 fi)aad, as the Jvhoxb were (h- 
siroiili0rd()ii4j|[8o; filsiHonw rewnred to 
Mr. Thoibson* wlio slikted that ha had no 
ol^ectioh, pnljr he thOa|[htkiie plao^.nionld 
memi tiWy ^piaidi&rappeanuioe now j» 
wmMrtutte. Hii»H()iiot<lidiiotoon8enf. 



BAMm BAVRBftD, SHOOr. 

Exammed by Mr. Tuck : 

1 Hto in ths oity ; i drito an Express 
Waggon, have been drivinK about two 
Years; wasdriTiog in Ootober of 1806; 
knew Worden;reraerabor of going to Lake '• • 
Uotel for a trunk ; don't^vemember whether ' 
it was Spring or Fall ; it was not thi« ' 
yonr ; 1 did get a trunk titers ; cannot say 
whether there was anything attaohe<) to it 
or not ; caiuiot say wher» I took it to ; can* 
not remeinber whether it was night tims 
or not : I da nut know the prisoner { never 
saw hiin until 1 Haw him beloce tira Curo> 
ner at his inqaeat ; do not remember whei-« 
i took it» all 1 remember is that I got » 
trunk ; do not drive on Sundays ; I took it 
wherever Worden told me ; 1 cannot re- 
member now when it was. 



JACOB VAI&, SWOKIC. 



\ 



ExamineibyMr.Tuck: 
I live in Carkton ,have lived there 68 yeanM 
within tour m five days ; was born tfaere.i 
1 knew Samh Hargaret Vail. She was w 
daughter of my eldest brottier, Jobs Vail ; 
he has boon dead two years on th»lAth of ■ 
this monih, I hare seeo tlie prisoner, but 
am not ac^uainjted with. him. oaiw him two 
or three times at Mr. Adams' previoa»to 
my brother s death. I last saw Sarah 
Margaret Yful at he» father's funeral. 
After the ftmeral we caibe baek to the 
house. -and that is all I have kno#n about 
her'Irom that time to this. She was dres< 
sed in bUck-— In monrning for her fitther — 
the last time I saw her. Remember her 
hair ; it wa^ a nice head of hair-4i light 
brown. She had a good bead of hair. If 
she was alive aow, she would be about SO 
years of age. [Hair tShown.l I think 1 
can swear that hair gre# on ner head. I 
baye seen her wear it jnst as that is ; have 
no reooUeotion of her teeth, onljr they were 
nice ones — in fact she was a nice looking 
girl altogether. Her mother died about 
twenty years ago ; she was about six years 
old then; her mother had thiee sons and 
six daughters when she died ; the sods are 
away in other parts. Last I heard of the 
oldest son he was in Minnesota ; the other 
was in Prinoo JGdward bland , and the other 
is in the Luoatio A^yltim. I have not been 
out Where the tebains were Ifannd. The 
daughters are h^ ; Mrs. preiar and Mn.f 
Oltve a^ here. . „ 

Q.—- Ton mean to saV ^tthis bsirlook^ 
iil^e it.,' A.-T-7rom the ittrroaading. <4''f! 



my mm 
ttb'lbe 




'hSrrfsriit^ 



!■ "I ¥•) 



62 



THE TRUI4. 



} 



it- 



he her hair tiie fir«t tins I oaw it before the 
Coroner. I can swear it it the hair which 
jjTPW on her hf'ad, 

i could rot awear toeTery ftirVa hair that 
I have had in my hand. All I can do is to 
Hwear to her hair, and I do that positively. 
The statements made by other witn^asM 
has no inAucnoe over me. I ean swear it is 
her hair, and that is all I have to say. 

Re-examined by A tiomey General. 

She lived in tr.^ house twelve months 
when she waa Ave ye«r» old. Bhe lived 
only a short distance from me all the time 
•ince until 18C6. 1 have aeen her pvrhaps 
five or six times a month, and hare seen 
her wear her hair every wiy. I am positive 
that is her hair. 

aaoHiOB cuMNiNOHAM, awom. 

" Examined by Attorney Omeral. 

I am.a policeman ; have b««n on the force 
four years. My native place is black Riv- 
er ; I was out there last April, about the 
20(h or 26th. I was ooming from there in 
a carriage with Archie McNaufhton and his 
wife, and two of Any sisters, when I per- 
ceived as unpleasant smell. I khow where 
the remains were fo«nd— it was there. It 
was a very bad smell, so bad that I could 
hardly get the horeea by it. The wind was 
North West, blowing towards me. 

Crots-examined by Mr. Thomaon : 

I suppose the roaiis were a qiiarter of a 
mOe apart from that place. I oaa't «ay 
that it was just at thi« place I perceived 
the smell. I think it was within a httndr«d 
rods. I can't sweair to the place— I think 
it was within a hundred yarda. I did not 
go in to see what it waa. Horses generally 
do shy at a bad anvell. I don't remember 
the nature of the ground. 

To the Aitoin«|y Oeaeralf-I ean apeak 
vfith consid^rahjie accuracy that it was 
within 100 yards of the place where I per- 
ceived the smell. 

TpjBisHonot— I said I think I can tay 
it. was w^t^in a hundred yarda from the 
place ^here tho remains were found where 
I perceived the smeU. 

•t',^" »»BBCCA Aim OUVBi 

■wenrh. Siiaminedl^ Mr, Tuck: 
' I live on the Mana^agoniah tload. in ^^e 

SarUh of Lancaster., [Witness afieota^* 
Ir.iT^ck— Po you ^A a j(Uu of water t 
Witneia^l^o, Bfr.l 'Sai>a]^ Margaret Vail 
was my sister. Tne laat time I saw her va> 
the d^y she io|d ptopif)^ to Mr. LitUehale. 
Do not ramen^^ Hrhat tikne it wan ; t think 
it was after haii^t In l«st year. 1 did npt 
vitjwsHMiiu tMtmiioAhHdvm wa ww^ 

01 *■ wj.'j. J. .1 auivo ■•■'J ' •• ■' "■.'■i-^ 



not good friends ; we bad not been on good 
terms for about t#o years ; she lived on 
the Lancaster Road and I on the Mana. 
wagonish Road, Just a field between ; iibe 
left Carletnn after her property was aold. 
I did not know the prisoner till now ; hsve 
seen him go to my father's house frequently. 
I could see from my wmdow . Snrah Mar. 
garet was living there th.>n. It is a long 
time since first I knew he went with her. 
My sister would be tweoty'fiva the 26th of 
January coming. I remember my aikter 
Sarah's personal appearance. It was 
twenty-four years on the 18th of last 
north since I waa married and left home. 
I know she l^d a nice aet of teeth. I 
know of notbiog peculiar about them by 
which I could distiDgulHh them. Her hair 
was lighter than mine. I remember a 
skirt that ahe wore. [Skirt ahown . J This 
is her skirt, i drew that with my own 
hands ; I call (bat embroidery ; I drew the 
pattern off of my own underskirt ; I laid 
that down and took a spoon and rubbed it 
over my own, and it left a pattern. [Frag- 
ments of embroidery shown.] That I drew 
off ot a pattern of my own in the same m^' 
ner. 

To Hia Honor— When she waa mnrder- 
ed they h»>v^ been on her. 

Mr. Tuck— Your Honor, I propose to 
offer some other material in eviaenoe. 

Mr. Thomson ol^eots, but does not state 
hia o^eotioD. 

Attornbt Gknrral demands objeotion. 

Mi. Tuck— Is the material whioh you 
wisn.to produce a pattern off of whioh you 
took this. 

Mr. THomoN ol^jeots. 

His HoNOJEi allows the evidence suloeot 
to Mr. Thomson's ol^jection. 

AttorNxt Qjoikbal— I wish to know 
whether this point will be reaerved or not. 

His MoNon-^lt lies with me to consider 
whether it be a point to be reserved or not. 

ArroRNKT G»B6Aii— Reads Act of As- 
sembly, and says if there Ls a shadow of a 
doubt I am aware the. prisoner has the 
benefit of it, and I do not wish to brins; in 
to the, trial of this oanae any matt <■ w' h 
would admit of a doubt. 

Bib Honor— I think there -ason 

why the pattern should not be uecd. 

In answer to Mr. Tnok witnet ve, thr ' 
isapattem^ 

Cross examintdij/'Mr. Ttumfon, 
That is apatitm; I got ^it from Itts; 
Bdotes In ddiantbwn ; ahe gel it from her 
friends in Oanadr.. t havea't^e sha4ow 
pf a doubt but that is the jl«d«nti^ pattenu 
[Skii^i WQinan** and ohU4's, and tkag-^ 






THE TKIAL, 






63 



sulo«ot 

know 
_ or not. 
looDsider 
I or not. 
of Aa- 
lowota 
has the 
Ibringi'i 
"wT h 

^son 
accd. 
ve, thp ' 



menti eoaapared] ThU !• her't; I laid 
thU down on ttlne •nd' ih»hb6d « ipoonvvtr 
my hair tnd rubbed it Over the tMttwM*; 
lliat it the child's^ thf artf th« iMiMf 
exaet. [Anothsr akirt ootapared with 
other fnginenta.} I drew off thia pnttetn 
the sam« way. fkett oortwpond extatly, 
only tnhi« waa Worked all the way up and 
her'a waa plain. Th» akfrt I produoe, of 
my oarn, la the identleal one Arom wMeii 
my Maut t*ar»h Marfarst'e Jrawefa were 
drawn, f Another embtoidored okirt oon- 
parad with the one fonad in (he trank.— 
Witneee explained how ahe had dmwn it. 
I draw every hit of it aiyMli^ a hieedtb at a 
time. [Hair ahewn; witneaa, deeply iliootedf 
exaoiinee it.l I think I ean tay ihat is 
SarelY ||argaret Tall'i kAif. 8he deed to 
braid it and put it tep'in' the atyle of a wa^ 
terfall behind^ I eaw my aMter wear a grey 
Witney cloth aaoque ; JfraltMente ahown^ I' 
say thia ia tb« iameeae^ne; bound an^und 
the wrtata and aidek a^ith blaek woreted 
braid . 8he wo*^ked the aktrta heraelf with 
her own handk^ after I itarked them. The 
work on he^ il not ddne ahM oafht to he; 
it waa her flrtt Work (4 ^la kind— not ea 
good aa ihina. I alway*a exMnined erery 
breadth aftatraha wovld fniih it, wb^ J 
would draw tha next pattern. Yon ade, 
•he baatufe her'a #Kh Uife acieeora; iiMh)>' 
were cut with aciaaora made for thh'flttr* 
poae; she bor|(9ped ajt^ H*«4. my large 
aciasors. [Li^bneaa eh^wnj I know thatxo 
be my eldeat hrother^l llkeneaa, ho^ in 
Idinne^a— hit aent H to nij^ father; faiio- 
ther ahown] that ia my idikter, l|rh. cWr ; 
pMiother ahownj that ia ^f iindeand aunt ; 
[another showtf] I naavr ih'w^that be(bra>~ 
It ia John A. Mttnroa'i. ' ■■■■^ 

Croas-exwrniud hy Ur. ^th/knamt' "^>^»'i 
1 can awtfar that ia h^ aacque ;'ttie day 

ahe l«ft"*lle had it oh ; I haae olteft aeen H; 

I know and-am positive that ia my aiaur 

Sarah MaignritYail'a aiioqne. 

£. T. xxoii^aa, 8wotzt( ' ' ' 
Examined hif Mr, !rnck^ ^ . * 

^ liTe on CwijDarthen ^tieeet, SaiQ) John. 
. Know laie pnabher* I khoar the place 
where t^e remama y«te fhnhd'f wetti ehete 
or Wed^miday. the^dof hurtBij^aiBber. 
hi John Andereott' Ari>Ta' me iaVt ih hia 
wagon I it IMi dh tM^BMtek Kivi^Baad. 
Booalled, ihMithal/a«iilhfirtMli'«ha liige* 
hMid. Wadroiva!paa»l»tlialta»day. V 

Mr. TMoiuor 'rih^tiiiio4liagaaidaiweyaa 
there waa »oM» affiMb.9)99^.<^ HMt it 1M 






Witneaa— I went out a aeeond time with 
Mf^^alein ^owera and P. A, M»maon to 
tha aaaM plaoe where I had bean drat— the 
time I waa out with Mr. Anderaou. I irem 
searching ahant for the bullet, hu: did not 
find it : found some chtld'a hRir->.it <*ait 
white i found a etring of beaJN. [Hair 
shown] eould not aay that ia wh>t I found; 
it i«aimilar>''aa« quite aa much xHthat)! 
broni^ht it in and gave it to Mr. Power«| 
[Wadii Mhown] thaoe are the bead^ I ionnd 
Ofi the day I waa there with Mr. Anderaha. 
1 fbnnd aotbing elae. 1 found tli<< beade in 
a tMt of Moea, aery atoeaia the pinoe where 
t^ man pointed otrt aa tha pla««> where the 
ekuU had beantohnd. The headt and hair 
were on the i»ide of the rook, a tittle north, 
towards the Blaok River Ko^; eix or eight 
feet from the roek. : i i /i ,t 

CrosM-exomirietijiy Jlif. Thdtniok, ' ' ' ' 
There ia more bf ir there thaii I found: ft 
looka like the hair I i^uhd. (Bezels Hhoaro.) 
I marked tha claap, and that ia bow X coima 
to knoai*. /Other bMda ahown and oom'<2 
pared.) ' thf h^i^de 1 fbuiid atie smaller, ^ui 
I donH think, there ia mnch difforeQO(i"be.'j 
tween them at all. I went out ju«t from 
ourio»itT. It waa a in^ther wtt, aifampj 
place ; (here w|m a little knoU w here thaj 
said t^e •kail acaa found. A h^avy raiq 
would b«^f filled tha little hollpw near tbt, 

rock,witk.wat*f. , :,^^„:-,-, «,;;.r.a 

maDBmiOK KovMHln^ awora. ' 1 
EsatmnedbyMr. Taci. '"^ 

I lire in'St. John ) aAa a fiarriater.at^La^ 
I know where the remaioi w**e found, r 
went to tbe ^laee about the ISifh of Septem- 
ber; itwaa rridiiy,^ I aaw k i-ock there; 
( looked towarda the BlaiBk Hirer Itoad 
frtfm the r«lck but ooutd nbt eec the road 
ih a direct Hue ; looked towards the Qtiaco 
lload ; cqutd not sea it ; did nbt walk'there ; 
Hid a horse and ea^iiat^ with mo. ' There 
wee a pathway to the place, foilovred tfiat ; 
the ground waa dry on th^ aur^uce ; rock 
woe bare on the top ; did' not o.vamine the 
bushes paitieularlj^ ; fbund seme buttons 
just aldngeide of the rock, I think in a kind 
of hbllohr, on the aut side of tHo' road. 1 
found three— two I gafe to l*o#ert,ttih 
other I hare in my pocket, [shoWn.l Bid 
not find anything elite. I drorc aown to 
BI$ok RiviHr and tetnmed the Hsme eVto- 
ihg. Wewerathrea toinntes driving from 
theplacie to Bunk^r'e. DroVe pretfy Ihft. 
•ipcammed bj/ Mr. fMmuon* - • *' 
"d BOtbcbiii; to ina, it wril** 



^ 



m'iMl 



Took my watob onl mA iioMd. Mr. King 
drove ; it wu ftboul 10 o'oLock mth»OTmr 

jogur MABcsi, swoiw. 
JExamned by Mr. J\ick. 

1 I live in thin oity ; I am cooneoted with 
^e Daily Munuug Piewa. Wait uuc to the 
plaoe where osrtam remaiiMi were on tbe 

16(h September. I drove down towards 
CoUks'. buk coold Aot find tbepUoe which 
had been d«iprib«i to ma v. reUirned, to 
Banker H. and ^1>1bo9 Ounlter vemk withi 
me. tjibouldiM4iiO.<ii MM AboBfe JMl^ia 
iiMlefipomBi)aker^t9i^b«plMe ewMOifl- 
aromid about three or U>m hiindrBa yvdr 
ovox tlDM) plain in evaqF direetion from tb^ 
plaoe.. I did not stop tb» dietanee to the 
Quaeo Road ; I drove arouiid to the Qoaoo. 
Road, and Mr. i^U^i 91 the T(e%r(mA, 
paoed »(;roM. The ilntl tune I wont oat 1 
took particular note of the plape. Tb^re 
are two> rooks : one to the l#st ji^ a jMintod 
rook, 4>« oth«f . toWfWM the ^lack Ki^ 
Rot^abouttof aio^t.Waf|itdh^and)^. 
BetjWeen those fs >htfe it was nointed out 
to me where the btftk of ttie x^mkins had 
bees lottftd. There wi& a hOUoV a Uttle to 
the south east side of the tfat rock, filled 
with moss ; amnng tbts •nosi was fi frag- 
ment of a black dreahia ^tlepibee of a 
woollen stocking, tbaie boiles, a tiuel stieh 
aa ia worn upon aontags^ it waA I'ed berHn. 
I delivemd thoaetUngato the Oetener. I 
could not identify thep^ Ikey w*re little 
frs^s ";&{•. Xn aearf \uag arou|id.Jibou( ftfty 
piacee a« I walk«(i Um the ftat rofk in a 
noirt)» easterly diieolipn* I f9*ffd.a pmfU 
skull I it WW ob%H:ved by l|r. Horace Bun* 
ker and myaelt at tae eame time. It, was 
settit^fiT upright under a small bual^i one 
portion of iw was lyiM apart about a 
foot. I lifted it 1^ and the moment I took 
it in my hands it «q^'%rati^ in th* natural 
pieces. I then went dixeeUy, efst from |he 
same roek, I should a^pnp^e^ut the same 
diatapce I found a p»ee jei a woman's 
ste^kir j. AU the SfrtioVw % , found. X gave 
to the cproaer. here b&tkfa epurt Aonse, on 
the asiM dr;/, [^'4^ vM remains phowa.] 
this i» the .pieee whic|i .wu lyiPf away 
from the oth^. Th^M fire tAeotker p^eoea i , 
tEsVis the s!»ull. JtteetV *toflji^| •bofru.} 

Th«li> tke vi^^mmtX l^^^, 

green ,)|^»rk o^ h-jjll^'i^^y^^^i 



tke MKrisfe. i ?;^4ltmltk. ftf the Itifgnph, 
was with me i stood on the toek » Mr. 
Smith went on tWroad t I could not aee 
him aa he p ast e d alcng ; be woi Id shout 
out~-sfter a whiWi he.stid •''l see you " and 
aeon i ooqM distinf uiah htm thsougb the 
alder bushes, i was tundtpg on the high- 
eat rook. I think it. In 1^ feet beyond 
where tke pathway tuvns in« ibeie is a little 
kuoU where yuu sen se* a mM> Aom the 
rook 1 1 could not see kirn wlHn4ffot oftUi« 
rook«» heardft toaiBAomln^* it oooiepaat, 
and t-0iMild oii4y ate at loolui^ enuibeaat 
toitard* wkeve jlha p«tkway anten-; «9iiid 
sea tba t<K)» pf tha wicon there and l^e 
peopla.bu40oiil<k>'ta«»im hprsMtand thep 
ont^ saw them for ani in^ni., When (bey 
arrived on tha koolli I «>ald' .ijpa tbropgh. 
XhebHabe»betweQi» tb(a«)9k nnd rondfare 
lew. and atuiitaa« Tbe gxound is nMigb 
aqd broken to ton ^MNt, Wt tbia spot ia 
wet^aduxMqF, pesbapf ii fiM^ ilei^f»> U 
vonld ,ba met aner a rrMa Vvit ia spongy 
gr9pnd. > , The Wi bu«bas nf «« bw« fl 
think if Ib^r nw»i»ywnAi wtb Iblinse it 
w«aUd bejunpeiHiblftt(^«H'aWffnf PO; the 
road u»Ml tbfy /mm tp tb« kpf^l bo' 
yoqd. I no^ifliKlijw^bing/ M(«Miar i^ir- 
ther on that, ocKjoinof. \X}b^ , # bown.-T 
WitiiiMeB oavii deapripttoPt oi thfiplag^ by 

Oos««bmWHM'«^J^. Tkdtnaon. ^^^ 

\ iiiade tte '(^'ei^ratiQiiit % t^e pttr- 

poaea ormy ppp^f* T^i:^ ^a« no path 

tothepl^maitopf. 7J»e ,|4aoe whert I 

eoMld,8)iM Wv^*'^*^^'^*''^!^ further 
toi«irdajtb« tv^ )UiA» !tb« paiUi, If a; 
female were standiai. ttpM tbaioek.a' 

Krson drifingjiron pp|U/if^^ qai»ld,eee 
r^ I think.. xKt aid^ra are 'mi thick, 
ex^apft iii * Sontk^Weitar^ .(Ur«etioA 
fram t^ raeki. I ' m aofa <MNal a wagoa 
passed along ^U/nu^x^tA w^il T w^ 
It the rook.. T^f nin^Ua was spcb as a 
wagon wduld tusSit^., TUe sound is dif- 
ferent jrom what a H«o #)\tetetl earl 

v^itf at %• mfil Wtmm^f^ ^ t 

a.(NQNI^^bt9%<M(fj^t<*[4^.ui daff, 
sfiqJt)ipdl«,k»v^l!Mli^ IMe J^ tkl^ 
mmnfA Ia •«•» «• iiMtMl<9Qii«rffe<« 4aade 
bodyl»i.ftlMg<ii«Aa««>^Tiwttoi*is froMi 







Rxa 

Hit 

the P*! 
iDond. 
'eadini 
I live \ 
mains 
ouse. 

not kufl 

OcCobe 

and abi 

oijdbu 

sen, a |i 

ii^nkrit 

Clerks • 

Inffwt 

inf to il 

person i 

Tbein is 

Bunkerh 

when be 

grsad pi 

v^ould nc 

hint, nor 

bim« 1 1 

or any p) 

reageiAei 

P«es«4 a 

■OJ BflMl 
MAI 

I live 
Ritaj roa 
oar ftous 
thwe goir 
there all i 
e'en in 18 
noraa'jr 
boose. 

Exanwn 

ton. T k 
kin ia (be 
eeml^^^ll 

fortOiroti 
ruaryjISM 
g«ret Vai 
child. So 
•Mld'a ftoi 
biliee! rapi 



.TMtHtftt^' 



^ 



.J. 



JOHN COLLIII8, SWOTD^' 

Examined by Mr. 'Tdek ':' 
1 li\n at a place called CnlUnsTn'^e^ \u 
theP«mh 6f Siraondn bestde 1)%%^ Lo- 
mond. I knoHT the forks of the road 
leading to Qiaco and Black ftlrer rnacl. 
1 lire on the Blaok Rirer rpid. Tl^ere* 
mains weris found about a mile ,f^om n|y 

ouae. I live a little off the r^ad ahd 
no.-.clhrecl there twenty ifii fMil Do 
not know whether I waeMi^ tMiMi otrSlat 
October, 1868. I aeii floating kHiterlal 
and«iii tway 8ometim«i<i. > A« tllial tieie 
mj 44u)^.er Sarah, and Mifftt«t^i)a*id' 
sen, a Httie maid, weretm cnil]rip«ite«»s 
\V>\tlK in mi houfie. I never kocnr a Mn. 
Clifke either by character or M(»atetioo. 
I n«r«r bMird of a women of miUd ettni- 
ing* to my' house. I never knew any vudk 
peraoB driven to St. Joba from my ^ftee. 
TheiiB is iK» house betwien my placo and 
Bunker*kb I may have wHn tka priM>a«p 
when be was a little boy llviae «Uh Ma 
graad parents, but I do not knoiv kbn, 
would liot have known Mm If I bid mot 
him, nor have had any ounvortttlon trHk 
him« I made no arrangeiiiem wkh him 
or any poi^ioD, nor heard of «rty MOb avo 
raafeibentio drive a penon in. I ofken 
passed aleb2 the road. InovornotiMd 
aoy saMlI in paMing alonip the road. 

MARGARET DAVn)80M| B1forb« 

Examined by Mr Tutk: , 

I live at Mr. Colfin's on the Biiuik 
Ritei road. There is no honte ^#e«n 
odr ftottse and Banker*!,' I h*v^li#ed 
there going on shreo years, thftve lived 
there all the time. I rememhet Ha)low. 
e'en In 184^. No Mrs. CVsrka ind ebfld 
nor^n'y stieh pereoni aver bfme to oar 
hooie. 

M . n PKTBM, M. D., iWOmt 

Examined bjf Ur. 7\idk : 

I am a medical manoniS^ttg fn Cailt- 
ton. I. knew Jonn rail, i^d aeteMai^ 
him is (be karly pan or Miiddla ^ I)^ 
eemM.18^7. He died then, t liitir 
hif ^libter Barali MttgHret. iMMl 

W^Owr'a kotiao affMntfiiirW |« 
40 afbr iilr fatber*a death, I wda Jm^ 
for to fo if the house on (he 4(b m nb% 
niary iSM, and whilit tlNm, 6a^ Het« 
gare) VaU vae deliyered hf a ^ftir«ti 
chftd. Some time after 1 CVMHtMd dHt 
ehild'a itomheh and fouiid it ll^A tn mV 
bilicft! rapture ; (hat it 4 p^^vAUk of * 
d 



Dortion of the intestine through the navai«i 
I preeeribed a outmeg to be Out in two, ' 
and nbalf tobeeewn in a bandage and 
placed roond side down on the naval. The 
bandrAC wan a strip of oommon cotton. 
I did not visit her again. Sarah Mar* 
?aret Vail «N^> 23 or 21 years of age I 
ith'mid think* Her hair was o' a ligbliah 
brown. She wore it in a plaiti and put 
a tC*ofl deal of oil upon it. (Hair 
ehhwn.) Her hair was of tiiat deeerlp- 
t)oo. anil pat up in thnt ttyle I do not 
kn«w when she left Oarleton. T saw her 
last in August or September, 1868. I 
did not observe her teeth. 

DAVID O JiMITH. sworn, -^ 

Examined by Mr. Tuck: " 

lam a reporter on the Tdegraj^h news- 
paper. Know wheire the rennaioa were 
found. Firat went there on W^dn^sday. 
15th September. Had a lady with me 
on that octiaaion. Drove down the Black 
River road. I there saw a akulU thifh 
boot and two or three ri^a. The. skull 
wa« lyiiM[ near a rock toward the Quaco 
road. The riba were not more tl^ago two 
or three feef. jRrom the akyUf and f V UiigK 
hone wae fur^.her away towards TiunkerV, 
1 aiMerved eome idothing , pi^isof a oiack 
ooborg drees. There were also «., boon 
skirt, a eoatag, a child's shoe with a sock, 
in it, and abreds of oIoth«ng. I dug 
op the moaa OKar where the skull laf 
with a atiek aqd turned up some oth- 
er bones, parte of ribs, and others.. 
They were liom three to six inohas under' 
the oioaa. I obaarved the ground par- 
tieularly and the lay of the lai)d.^The 
roek was ilat and altghtly inoUned. I 
was there aboot a quarter of an hour ; I 
visitM the place again; the remuM badl 
then been removed ; saw no more reoMdna 

E; did Bot dietarb the remaiaa on the 
winaaioB ;— (bonsi shown)— eoir^ of 
> bonee resemble thoee I saw at that 
tiase ; the aeeond day that I went ontwaa^ 
when tboCSiief of Foliee and Worden 
wenl:thlaktkiawaeaboata week after 

&%m Hsit ; aolmed rii# ii«t tea that 
Bta* RtVtrMnd eooM aathe aeea 
ft«« th* reek; th* aeeood tiae 1 dseva 
to GoUineV b«l kwrned nothftag aMMtthe 
oaao ; #«iit oalaiaitt on Tmssday^ the Idth 
Hofw, with Mr. Mafsh ; wtOraTa ipthr 



Qmmo loii tft We 
sil<llM*apS(l, MM I 



llWapM, MM I tdl Ml tnd pwoi 



M 



THB TOWUm . 



AcroM. bat oame out tbovt 150 feet oear- 
er Bunker'« theo the epot where the re- 
mains were found ; 1 couDied my peeee 
till I ceme in sight of the Black Kiver 
road— 480 paces. That was 30 or 40 feet 
from the Bis ok River road. 1 think the 
rock would be about the same distance 
from that point on the Quaoo road. My 
paces Wire probably 2 1-2 feet each. 1 
theo went out on the Black. Rrver Toad 
and walked along to the pathway leading 
in tathe spot where th« remains lay. I 
went in to the spot by the path. Jllr. 
March and I looked areun4 foK t few 
minutee, and one proposed that thei«th|er 
should walk out and along the road to see 
if we could see each other ; I went out 
while Mr. March etood on a rook about 
ten feet from the other — ^perhaps two feet 
high ; I went towards Collins', and about 
half way from opposite the rock to the 

Saih, or eeveaty-nTe feet firom it towards 
unker's, I caught a glimpse of March, 
but be could not see me ; Further dawn, 
perhaps one hundred or one hundred 
and fifty f^et, I oonld see him again and 
he said he ooald see me ; we could see 
each other^i head and shoulders, but I 
could not see the rock. I went in viiere 
Mr. March una, and tlieii we beird * 
wagon ooikiing fIrom Bunker's, and we 
selected tbo high rock as thebb^heet 

Soint, and tooked towards the Qoaeo 
load^bttt I could not see the wagon. 
The ground was then sltghtljr froiea ; 
therp was a little pool of water by the rook 
^ i^on; three or four ihobea deep and per> 
Laps nine inohee aerosa and idTeii or 
qt %o long. The ground ift a little lower 
tbltv the sarrounding ground ; the hole 
Was made by the removal of the moes 
fkwm the spot; the nonnd m eq|nmei* 
would bt< 6omparativ«y dry,1>« in thtf 
faU wonlC be spongy and w«t f th« bushee 
are lanrel end aiders near the Blaek Kfte^ 
road ; bpiMMii't tbcr roi^ thijrrit A thftfl^ 
einmp of eptae^ : towardthe Qtiatib roAd 
tlie'bttahea are ittdt^' seattereid. 
idg^'we-eawrijfcsd t>jf,,^v, Jl^^ii^on, ,' 
Thet#ro'.«4 wiiil4hff«c(i«ml apAn§9i 
aflMrafs A, buVa pfiiHMiTf|<)ttldiMtaiQii 
to th« kr«t, and hardly at in this (Mt. 
'ilelMMar9•fth•gl•^»d is such t|iatii| 
'vlatera bo^ might U Hiws ipme tiaaa 
^itbovt detMipff. i do . 2<»t think « 
yoiijd ktalflns ibbU to deoi* in tdf viHt 

A f«vMt tt fSit mi \< tkkfm 



eoHld not eae a peraon on the rock* 
From the elevated road towards Colline's 
a person could see another on the rock. 
If a person in a wagon coming from Col- 
linsV were to look toward the rock, they 
might possit^y eee a inun and woman on 
the rock at any sessoo, bat I do nr>t tbinic 
they could in the summer when \he 
foliage is tbifbk. 

BouaT s. RoeEKT30ar, swori^ .,'^ , 

Xgamimd iy Mr. Tuck: ,-^ ■ 

I reside in St. John, and am in the 
eoaploy of L & F. Burpee, i>n Frinoe 
Wiliiaai Street. I k^ow John A. Mun- 
loe, the priaoiier->r-I have very often seen 
him in our store. I eaw him there ayesr 
ago last fall, but cannot say ^t what date. 
It was aboui seven o'clock m the morn- 
ing. Ue purebased a. revolver; it waaa 
Smith ^ Weeaen, with seven barrels ; it 
took a No, 22 oartridge. I had one be* 
fast the t*alice Magistrate and gaT«>itut« 
him. [Cartridge shown.] , r^'v 

To taia,Mr. ThomRon. objected, that it 
was not eoppeteat to produoe- a No* 22 
osruridgaiiaieseit were,abowA thst per- 
sMSs puxshased cartridges at |he same 
tisaie, but it was overruled by tlM Judgv. 

Witaess-1— That is a No, 22 oartridge, 
snd would fit the pistol I sold to Monroe. 
Munroe paid me $13 or $14 for th« pis- 
tel. He had no accouut with the firm 
that I kno# of. 

Oross-esamin* I bu,Mr. 7hom$on: 

I have oftjsn suld pistols of a aise ibat 
this cartridge would fit. Thatisasise 
tiiat is freqeently puruiiased. A single 
bsrrel pistol could be bought for about 
$3.5d. The pistol I sold Munroe was a , 
single barrel with seven chamWxSi, and 
tbey aire all prices up to $20, aodordiog 
to the mounting. 

FftANCis 8. jo.xssi sworn. 

^JcSef of M^ 'tovpik ?¥l«h of 

d. I knqw tjiie prlaBiicij' J(ohn'A. 

I arrsstsid munroji^pn^rince 

treet. sn.d(to^ ^im to iU|^V* o^e 



iliM Jttto<^4!^V I foi^d iim 
^sft's on, Trfnce \ViI||»iii Surset 
^ _.. ^Uhert^s ojB(i,oe that geppeihsn told 
Una ha waa updt^ th,e charge (4 t|»a Chief 
af rouse aiyl he must keep his pw|i ^an« 
mL I than tpojc him to the offoe of t)ie 
CJMsf^ f^Uce^and he undertook to sx* 
i)i|i^ juattan tp us. 



T 

WSN 

thin 
heec; 
<iisc« 
The 
must 
rems 
no w 

Hii 

he an 
to hei 

Mr 

Crimi 

down 

must 

brougl 

pertinc 

The 

cited ii 

in cAss 

offered 
confp^ 

Magisti 

Enfflam 

evidene 

He eitei 

sutborii 

Mr. ^ 

iiad not 

ferred tc 

fous ens 

placing 

his mo« 

existed t 

the excli 

him, wi( 

Atstefnaa 

HisH 

roleofthi 
cd hy Mg, 

mas'a oaa 

t'lat whet 

induetmsi 

byihapsi 
this esaa 
and tha 
his a^^o 
woaasasr 

tio«' tskan 
^•en glvtQ 

^.Thawiti 
his suteu« 
^ Witsta, 

rolice aad 
t<u Faliea 



THE TRIAL. 



iit. 



rock* 
lint's 
rock* 
1 Col- 
ihey 
an on 
thinks 

in the 
Frinoe 
. Han- 
m teen 
)aMtr 
at aitte. 
I okern- 
i wftft a 
»elt; it 
on* bt- 
if 9 it to 

U tb*t it 

H»t !>««- 
Iiei ttwe 
« JnUge. 
ATtridge* 
Mouroe. 
tb« piB* 
*he mm 



tiseliat 
it ft sise 
A tingle 
tot ftboot 
Wftt a ■ 
•ew,, ftnd 
odordiBg 



p^ltbof 
I John A* 




^uitiitol^, , 
r^e CMef I 
knpi oQan'> 
loe of t|>e 
' to •»• 



To this Mr. Tbooiton objected tbet it 
"nriM incooipeteot to bring forward any* 
thing eeid by the pritoner. Tbit had 
beea laid down, end eueh evidence wai 
<Jiscountenanoed by the Enf liah Courts. 
The person hating the party in chirge 
nmst warn him dittinetly, and the loose 
remark of the Police Magi«trate couid in 
no way he eonttrued at a warning. 

Hit Honor eaid tkat wen I fbrtber than 
he onderttood ihe law, and he thould like 
to hear the aathoritiet. 

Mr. Thomson then cited from Rofcoif^s 
Criminal Evidence, In which it wat laid 
down that a clear and distinct warning 
must be made by the Mairittrate, and 
brought forward caset quoted therein as 
pertinent to the cate in hand. 

The Attorney General said in the eaiet 
cited iodoeeroents bad been held out, bat 
in casse where no such inducement wat 
ofiered be held that When a voluntary 
confetafon was made af er warning by a 
Magistrate, he argued that the laws of 
England diiCiactly laid down that the 
evidenee wat good and might be roeei'voi. 
He eited a number of catee from the tamo 
authority in support of hit arguae&t* 

Mr. Thornton taid the potitaon he took 
had not been intwered at all. Hero* 
ftrred to what he doaomsaaiod iIm barba> 
rout enttom iMed in Um mittinf law of 
placing a |Mrty in tbt dock awl ekwiag 
bis moHtb, and taid thai to long aa it 
existed the party thould be (aardad by 
the excliiuon of a eonfettioii made by 
hioii withovt a ttrong waraiaf that kia 
etaternent would be uttd agtinel him. 

Hie Heaor taid he did mot think the 
role of the aotboriUea want aa iitr aa ataft- 
cd by Mm* Tkomton,and atting tmml>eo- 
maa'a oates in Arebibald^a rapartt thowed 
thai where a Irarning wee given and no 
indueeoMni htid out tba ittataaient made 
by (be priaonet ma admittible; and an in 
tbia otaa no aneh.iadatamaDt ap^ca, 
and tha priaoMr i«aa samad l» k«^ 
hi«,awa.cai>iif«l»tba.alal«msiBiiMAl af 
witaaat wat tdrnMbluM aivUaMKo ' • 

Mcv^lbaBMosatlBtd to-iMva^ *^F^ 
tio» taken, tbal no vtfifm mafJingTiad 
been glvMk by tha lUiiilrala. - 

The witoeta waa aUtvad to f*^«B «ith 
hit ttatemant.l ■ ai.^ ns^.t -»<•.■ 

Witaett: Whea tkvOhiaf «f Ifea Oitf 
Tolite aaMl I broudbft tka Britinarbafbta 
tlia Police lla||iairtla^ I taid, **TUt U\ 



Mr. Manroe, sir/' Mr. Gilbert then 
said to the pritoner that from the talk 
nut-door it wat thought proper to have 
htm arretted, and he must oon«tder him- 
self under arrest. It waa his duty to 
warn him to keep his own cottnael, as 
anything he laid might be turned agftiest 
him at a future day. The chief and I 
then took prisoner up to Mr. Mirshall't 
room, upstairs. We sa^ down there, the 
three of ut. Mr. Manroe then tamed to 
Mr. Marthall and taid, "I wtt flrtt in- 
trodueed to thit j^irl in Carleton.'^ Tbit 
wae the firtt word ipokea. I did not 
know the prisoner till I arretted bimk I 
then said to the prisoner n(^ to tell any- 
thing about it, at we might be brought 
on the ttand. He taid he did not care ; 
if he was brought on the ttand himself, 
he would tell &e tamoi at he would tell 
them. 

Mr. Thomson then asked if Mr. Mar- 
shill ioterpoted the same Earning. 

W!t. : Mr. Marshall did not caution him 
at the moment, but afWwards he did once 
or twice say, "John, be cautious." Ho then 
said '*he was introduced to this girl first in 
Oarle^on ; that be had wont to see the girl 
many a Ume, and she had a child. He said 
the bad some property that was left to her 
hy bet father ; and she bad told him several 
timea that she would sell it ; that hor rea- 
sons for selling it was on aooouot of dis- 
oasd among the fiuaily ; that be adfised her 
not tusolTit. He had aneertaipea that 
she had sold it to a man named Sttlehale. 
He said last Fall be was going away on a 
little tour to Boston with some genUemea 
from the city, partly on business and pardj 
on pleasure ; that the day before be left cX 
think he said Sunday) be went to-aeeber, 
and she insisted on going withhfm; be 
to i' her not, and on her aMCUBg thereaioa; 
he .^id he was going along witn some gen> 
tl«imen,and didnotwanther togo with mm. 
that Miss Vail told him then that ahe did 
not want bim to haveamr eaia of her, onlf 
to fcaap an aye la bea aad her tronks ttbi(a 
onboard; aba did go in the boat, and ybiipk 
ttw got MBir^^oriaSQstmi, idle apked %ft 
where Of Oomwa w ia l Bfo faM waa, aa aba 
wanydlDip therav He told bepr thai It 
w3 bn^ a aaaoii^ daas hotel She toM^^ 
she 6tp#otad to meat a aiaa tber^. i^ 
fk» going to marry bar. Re said na 
wentio ^ CkmuiMreial Kbtel, I think ba 
taid he and bfs eompany went to tba 
AawritaaHdiMB. Theatalday he irei» 
toawkM'.aiiiBhaiM hfil Ae kad nob 
thapaiMiiriMiBipaelei to tm. Ito 



68 



Tits TftlAL. 



n*xt day he went lo sea y»«r Agnirv ; an* 
sbe BtiU bud not seen the iMr. »fae «ipect- 
ed. She .said 8he wouki so back to8t. 
John again. He told her that he would 
loavc the next morning tor New York, and 
that he was coming back by rail, that htt 
would not go down by boat. W hen he gat 
b^k to Portland be mvw her there on the 
boat, ki^ aaid while on the way to 
8t. John it blow v^ry hard, and he did not 
seo b^ much oq deck. When near ttoint 
John, she asked hini to get a coacb for 
her ; he did so, and on the Way to the 
American House, she asked him how far 
it was to Collins':'., as she wanted to go 
o4t there. He told her it was Irom tv«lve 
to fifteen miles, and he uromised to drivei 
her out. Ue said he aid drive her out. 
^Uter they drove oat a piece on tb« 
road pofit Sucker's, he took ber and 
the child out of the ouaoh, and they 
walked on, and sent the coach back to 
Bunker's. Aiter tbey gul on a piece she 
went ahead, and after awhile came back 
again and said the parlies whre not at 
htfme she expected to see. He aaid they 
then walk^ back to Bunker's, and took 
the coach and came home ; that the under- 
standing between bim and her wa» 
that thty ^ould gp out aniin ; they did 
go out a secqod time. He said th{|t in 
going but sh^ complained ot being at 
Mra. Lordly %; that she did not like 
Mrs. Lordly. Be named some other 
hoUJs, and the coachman took them to 
the Union Hotel, Iq tJnion Street. Be 
left her jiitte. Ilie second time tiiey 
went out ne turned the coach back at the 
samu olace h9 did the first time. She walk- 
ed on ahead again. She cem^ back and 
ta)d him the parties wer^ home that she 
waoted to siM, and fot him to see about 
hto trunks m Miuumy's boat ; that on 
Monday morning ho wim at the boat and 
pal hit trunks en boiMnd ; that he said 
BoaothiOff aboat thotiokets, bat I do oot 
rOMenber what ; that be bad a oboaoe to 
sfo bar just monlf oo tbe boot iras east, 
iiif off, and only had tlmo to ababi btoda 
nlHi b#ff* Ho ioitttioaod Oimo ^r t«HM 
tbbn tbo flfl*t uvUm vae Iftoo y*^ Ho 
■iMiiie^od sovotbttg abMt a fottar, but 
r#ii not bb boaitii^ wbu it wai. At 
t^ doif tbo SherUr and m» Potter eanio 
ioitf ibo olRoo wbero vo wore. H« aaid 
tb^, coaebman broogbt tbp tranka to tbo 
bea^, and bo pot tbon oa board. I do 
nak remombor aia meattooiog the «lirao> 
tian aa«o ol Mlao Vaik Mr* MaraboU 
iaiorvoaod onoo or twlo^ m^n^u **M» 



Mrefal, John." He ioterpoaed iomedi- 
ately after ho bPf^nn to tril hii* story. He' 
«ddretii><>d his conversation tn Mr. Marn 
•hall. When I arretted iiim, ho said to 
me ia Mr. CrafiV, you are not to expose* 
him, and I told him to go niong to the 
Police Office. Mr. Marshall was ahead 
of Monroe st tho time. The Sheriff went 
with mn and retomed as fur as the Impe^ 
rial Buildings. 'Ihio was in SeptOnber. 
I have been twice on the ftroundc, on e 
with the Coroner, Dr. Christie, Mr. Pow« 
ers»aqd Mr. Armstronor of the Olobe,%nd 
once siooe. I am p«^rfectly acquainted 
with the road; <rom Bunker'* to the 
Finger Boatd it is about a quarter of a 
mile. [ mide the road along thire. 

Q,. — Did .be str'i what hei reasons 
were for going to Oollins', and if so give 
them? 

Objected to by Mr. Thomson, but ruled 
atiuiissible by the Judfre. 

A. — Ue said she wanted to see a per- 
Mto there. 

Oosf-dtrovuneif by Mr, Thonuon : 

Mr. Monroe did not keep bimself out 
of tb« way at all, but had before ffiven 
himself up to the Coroner. He bad not 
got far in bia skonr when Mr. Marshall 
caotioaed hiun. lib bad not said mt^re 
than a word or two when I said for him 
not to toU anything, as we might be 
broogbt oa the stand. Mr. Marshall af- 
terward did ask bim aometbing aboot a 
letter ho opoke of. Ho ssid Mr. Craft bad 
t<M bias he bod soon the girl on tho street 
and also something about a letter the gU 
had written to bin, hut I do not temem 
bar what was said. I have tnid all I re- 
mombor oboot tbo eooToraation. I d- 
not eortaioly romomber that be stated wh. 
wrote tbo lelt«r, bot sometbiog was sail- 
about a letter. I romomber Mr. Marshal 
•ayittff to Mr. Montoo sooMtbiof abou 
tho importanoo of a letter. Mr. Mar 
sballdMl not ocoos-ozamiao bim aboai thr 
letaer* and bo odd vorf Mttlo aboat it 
U^ M am ba ll Hi oot atteoyt to etop m* 
firoB oaaHooioff &% Moomo^ OaiKfoo« 
Mftotitofeoiher. I (to Mt i«ai«bbor ot 
lAk Hanholl troodiof on aay foot iii otair 
me, and I aovor atofed that bo did so. 
Mr* Massball dM touch my foot in takiai; 
his foot down from bis knee, bat I do not 
know irikat his iatontions #eio, Md do 
Bot boUotn bo imoadoA to atob ma. It 
was vbsn tbo fibedff and Mr. P«tt«t 



TMBTaildk. 



i» 



iftd not 

[ mt^ve 
>r him 
(bt be 
lall af- 
kboiit • 
•ft bad 
I lltree^ 
be gir 
remem 
.11 1 te- 
I d 
:«d wt 

•rebel 
eb»u 
Mar 

«lthr 

leui it 
Mpm* 
«r^f«e( 

i«ret 

did eo. 
tekiag 
I do not 
Mid do 
It. It 



'wtTMiathaKoea^cad oo eonvamatton leai 
f^aiog on at the tioe. i hmfv paid that 
Mr. Mershall did toocb my ftmt, bat I 
did not take it to b<9 aif a sign to stop. 
i dn not tbink Mr- Marshall knew wh«n 
he did it. I have been out on the ground 
simse the leaven foil. I noMced that 
Btandiogon the flit stofte ih« Black River 
Koad conld be seen at f*ome point*. 1 
ooali aee a man aft'insr it) a wasron about 
the enJ of the path, but not iha wngon. 
Further on, on the rise toward* CoMin«\ 
I Ctfttld see a man tjuite clearly. Tnere 
was water on the ground at the la^jt oc> 
casion. I tjoufd aee old Mr. Munroe, 
who was standinfT -on the road toirwds 
finnlrrrV The place i« much ohanjred 
aince I saw it first. If I was gning to 
commit a murder t do nr.t think, know- 
ing the eround ns I d<s that X would se- 
lect that plotee. I tbink it an unlikely 
place for a lady to be willing to go into, 
especially after a raio storm- The woods 
are thiek, and there is some undergrowth 
on the right hand stde of ihe mad. Ther« 
are also bushes and trees further on to- 
wards Conins\ on the left hand side. 

He-exanuntdbg Attomeg General; 

I am well acquainted with the soil out 
there. In dry time it is pretty drr, b«t 
ia wet weather it would be soft and 
spongy. It would not take long to get 
up quite a qunntny of mos*. 8tnndiner 
off the ri>ck 1 could eee "only the lop of 
the man''* hat in trie wagon on the road. 
The trees are spruce and oldens:; moat of 
the alder leaves ar** off before the l*iot 
November^ Mr. Munroe was the first to 
apeak about tt>e letter, and Mr. Marshall 
replied, saying it would be very material. 
I underatood ihe leit«t was from a girl, 
and I supposed it was from the girl he 
was speaking of. I think the difference 
in ihe height of the ground around ihe 
rock has beeti caueed by the oxoessive 
tramping, and would make the difference 
of the third of a man standing on the 
road. Before -it was tramped the differ- 
ence would not be so great It a man 
stood inside tiie rock towards the Black 
River Road he *ou!d be hid tt6m every 
point on tb« road, even if standing cioee 
by it. 

H. w. diiSHOLM, sworn. 

Examiiud by Mr. 'fuck . 

1 am Ageni tor the Intvraational Sltam- 



•bip GamoMSr* I hava bean in- tbnyr «mr> 
plojr fbr five orsix years. Th* steama^s 

rno from S'.. J^hn to Kastport, Portland 
and Boston. The H«suni Agnit it W^. 
H. Kilby. The first intiirtaiinn f Had «>f 
a trank was bf a tele)^a'A from W. H^ 
Kilby. I received n trunk from John S 
Ha\1, mate of the steamer New Ynrk, oa 
the evening of the Ist October, 1869. I 
made an inventovv of the contents of th<i 
trunir. liihn & t|alt was mate irith me 
for fi^e years. I went oa board tbf 
steam<<r and got U op to the oi&be; {trunk 
skowal that is it ; it has upon it a 9\iee\f: 
of tlie steamer New Koglaod { it had .a 
iimailbag attached to it as now. There 
were priment when I open'^d the traak 
/ohn S. Hall, Dr- Barle, tHa Coroner, and 
John K Marahilt, the Ciief of Police. 
1 opened it in my oA^e at Reed'« Pi>inc 
Wharf. There was anotii«)r trunk inside 
the larire one, and a blaek iiarasul, and a 
saiaU black button without an eye* i 
marked every article with the C;* "** sump^ 
Xhe&uoall trunk coatiuaed two thiuble«,one 
without a tup ; two hidcory uatii^ one sp )ol 
white cotton No- 60, one small ompty scditt 
bottle part of a black lace veil,one hhir net. 
one black fancy button, one child's grey 
jacket, one lot of papers, due NY. .Uemcr, 
Sept. 26, 1S68 : one Chimney C^m^, Oct. 
17, 1868, one Street & Smith's iVeu? York 
Wceklij, Oct. 23, 1868. one SaturdAif Night, 
Oct. 17, 1868, one Harper's Weekly, Oct. 
17, i86tJ, Mrs. Winslow'p Domestic Keceipo 
R >ok for 1862, 1866. 1867; one book "Snow 
Bird, or the Tnvpper's Child;" a child's 
drab coburg dress; one pair white rib- 
bed cotton Btockin^s: one bundle whito 
cotton cloths.one ehdd^a plain white cotton 
petticoat with insertion ; (wo child's plain 
white cotton shirts ; (me white cotton 
do., with crochet work round the neck 
and sleeves ; one child's pin-atbre, with 
white buttons : one child's drab coburi^ 
dress, with trimming in front, and round 
the bottom and sleeves, b3und round the 
birttom with blaok braid ; one child 'a white 
cotton nightgown ; throe pairschild's wool- 
len socks; two pairs do., striped red and 
white ; one pair do., dark red with wbito 
spots, tied around with a woman's white 
ooUar, (juito narrow; one pairohild's white 
outtK) sucks : ono pair weauui's drawers 
with inaortionnearbuttomiooewomaniaun- 
Uaached oottoo8kirt,with two po(*^«t(iiin it; 
one woman's white cotton undendurt^witb 
deep embcuidary round the bot|omj one 
row of insertion juat abo?e the embroidery , 
all the way rouiw, r.<ii two rows of ioNer- 



70 



IBKTBIJIL. 



tionalbo^eODllMffuiil faeaMi: om 
BMMiliMaeoDbuigdNMfWkh hmU light 
battoM, half w»y down the iiuBt, and 
hooks Mid eyes, and on» pook«i ot the 
mnie aaateruu as the dresti; two pairs 
iromaA's wlHte ouffii; ooe child's white 
hnt, trimined with purple ribbon, and whito 
etmp ; one wcnum 8 laoe ooUar, one muslin 
do. with edging around the ends; one news- 
p»pm parcelcontaining three photographs : 
one tin-type photograph of a man, (in a 
case); one ring case, qiado of paper, con- 
taining grey hair. This is all the contents 
of the tmnk. On the end of the larxe 
trunk was fkstened by a check of tne 
steamer '* New Ikkgland," a smaH bag, 
containing one pair black cloth mourn- 
ing gloves ; five pieces white cotton 
-~one piece soiled ; one child's napkin ; one 
decayed apple and two pieces of candy. 
I handed a)l these thing* over to ihe 
Coroner, Dr. Earie. 

Cross-eamnnteti hy Mr, Thomson: 
^ The lilts of the Company show who go 
as passengers. They are made out by the 
Clerk on board the boat each trip, and 
filed away by the Treasurer in Portland, 
Maine, as a voudier for the correctness 
of his cash. 



/ The Court then adjourned till 
o'clock Saturday morning, 



10 



,1 



ij ., . Satvrdat, Dice. II. 

^ The Court was opened st 10 o'clock. 
About as many spectators were piesent as 
en former occasions. 



h. 



esopox rARXBB, sworn. 



Exanunedhji Mr. Tvck: 

I Iiv« at Ten Mile Creek, in the Psrinli of 
Bimonds. I generally go what is railed the 
Hibevnian Koad. I know the Blaek River 
Road ; know the place where these remains 
ere said to have been found. It is about a 
mile the other side of Hunker's, on what it 
called the Mountain Road. I oamb in that 
road with Mr. Kennedy in the Iat*er part 
of April last. I then perceived a smell 
about the plaee where the remains were 
found. I eould not exactly ssy as to the 
time or plaee. I never smelled anything 
like it bctere ; H was a very bad smell ; the 



ft- 



day was wwtf fine. Dan^ remember wkft 
way the wind blew. Did act yet out, I 
doa't think it bad any effeet apon the 
horses. I afked Ihe boy at the tinw if he 
ever smelled a skunk. Only drove that 
way once that spring. I thin*!: it is (about 
thirteen miles from that to ;;iik p>aee>— about 
twenty-four wiles from here. 

Cross examined by Mr. Thrnnawn. 

I never smelled the smell ot a skunk, or 
never smelled anything like that smell be' 
fore. It was a very bad smell. 

To the Attorney General ; — I never smeU 
led anything like it before. 

MARY rOBTKB, SWOm. 

Eaamnedl^ Mr. Tvck. 

1 live on the BUck River Road, at Col- 
linsville. I am married i my husbend'e 
name n Alfred '\*Orter.( I have two sons, 
./ohn and Williams. I don't know exactly 
how far it it. from Collins' ; it is the next 
house, a little further out, next lot. I 
know Uie place where these remains were 
found. I think I remember the months of 
Oetober and November, 1868. We were 
living there at the tane. Netrer knew a 
woman and child named Clarke or Vail ; 
never saw a siraage person at our houne to 
enquire the way cr anything else.. I re- 
member being home Htliow Eve. Was 
home next day, Sunday, only while to meet- 
ing up at Willow Orove in the afternoon 
with my husband I» the evening we se- 
turned, after taking tea. I visited the piece 
where those remaioe were found the very 
day, with Miss Colhns.. We met the white 
and colored folks coning away, and Mr. 
(Jrozier and William l>Ougla» went baclc 
with us ; saw • few bones and rags ; saw 
the skull ; there was another bone lying 
convenient to where the skull wa«. L 
stopped a short time and returned. I 
mean the very day the remains were found 
—that was the first time I knew anything; 
about it. 

Crots-esamined hy Mr. Thomson :. 

Q. — What month waa that, Mrs. Forter,. 
K }ou please i A.— I don't remember the 
month. 

Q. — Then you are quite as unable to state 
where you were the Slat October, 1808 ? 
A.- 1 very aeldom went from home on 
8aturd»y. Do not recollect the day, but I 
think I was home in the evening. 

lOUK FOAVBH, swore. 

Examined by Mr. Tuck. 

1 live Qn the Blsok Kiver Road. Rhi^ntt 
two miles from Mr. Bunker's. I am ti <i>r. 
of Alfred Porter. Have lived there > r> ut 
three years; wss living there in Ocw.jcr 



fuvtuiAfi: 



If 



t* state 
. 18G8 i 
i« on 

r» but L 



.r» ■•at 



«ttd Kov«B«>«r, 18«8^ I ivi« «l Mr; OM- 

liM en fbllotv Ev« Of 1868. Went thet* 
about arren ifnd came aiwaj abottl ilia* ; 
vitut home all day. I «Ud not know a wo* 
man named Clarke or Vail ; saw no aveh 
ptraon at our hoixw or in tlia naighborhpod 
nor heard tjell of any »nch woman or obUd. 
Know where tbea? remains wera foond ; 
passed ttife place this morning ; visited the 
plaoe once since the remains ware found ; 
saw a skull tuxd some hair, some small re- 
mains of boners and olotbing. JPeteeived no 
smell there this yfur. 

Crots-exumined by Mr. Thomson : 

I have pfvssed there as much as onee a 
week all summer tind never perceived any 
smell . I recullect of beins home on Hal- 
low Ete. Heinember of being up to Mt. 
Collins* in the evening, and the work I ^ia 
at in the dar time, that is the #a]r I re- 
member it* I c)uld not say whether h was 
raining the week before. I retnem^r I waa 
hanling] black mud, and it waa -rainiBir I 
that b one way I came to remember it ; can 
not sajr how the roaila were. 1 wita sub- 
poenaed yesterday : the anbpocnh Iras left at 
the bouse ; I wss in the wooda ; I knew 
what I had to give evidence of. 

Q.—Who told you ? 

No answer. 

Q.— Did tne person who had aubpoDt^aed 
you tell you whut you waa wished to prove? 

No answer. >.•!.., 

Q.— Have you any reason for not telUng 
me } if you have, I will not press you i 

No answer. 

AvTORMBY Q EM BBAL.— (Watson, police- 
man, oalled.)— Is that the man who served 
you with the aubp^aa ? 

Wit. — I was ID the woods when he came, 
I have not been told what I was to swear 
to. 

WILLIAM PORTCB, awom. 

Examined by Mr. Tuck : 

I live on the Black Kiver Road, and am 
a brother of the last witness ; live about 
two miles beyohd BUnkerS ; have lived 
there three years'. I know the plaoe where 
these remains were found ; was livtng there 
in Octobtrv 1S63. I don't remember Hal- 
low Eve ntfiht, but think I was at honie in 
Ourober and November of 1808. I did not 
know a woman and child named Clarke or 
Tail, and did not know of any aush parson 
being at our house, ur in tbe nf>gbb<)rh<)od. 
No strailge woiuan or child was at ear bouse 
or in that neigriborbeoti in that fall. 

0»M-€xainineiby Mf. Utomtom 
Have passed the plate where the remains 
were found ; never perceived a amell (bare. 



1 4Mi^ t«iea*« wf Muf < 

anyttae; peflMp»tev«teenafvnyBmdays 
to MMeting, bnt a*! on weak daya. At that 
ttaae I had no bMlaaaa n> uhe me away. I 
do net ahoot or flab asveii. I think we had 
some showers of rain iu the fall of 1868, but • 
don't remember mneh aNout it. Don't re- 
member the 31st of October more than I do 
any oth«r day. 

THOXAS STUART, SWOm. 

Examined &y Mr. 2uek : 

I live on Blaok RivMr Road ; know where 
Mr. CoUina livea ; i live about a mile from 
there. Mr. Porter, livea next to CoUina', 
then Robert Moore, then Connolly, aqd 
then Mrs. Stuart, my mother ; then Tom. 
Ddlin, and then I live nelt. I don't ex- 
actly remember Hallow Eve of 1868, but I 
i»aa home that day and evening. There 
was no atrange woman or child oaroe to 
our bonae at that time, nor no woman and 
child named Clarke, or Yail ; never knew 
any peraona of that name to be ibout that 
neighborhood any where. 

Cross-exmnkted kg Mr. Thommti : 
Don't remember the Friday befere Hal- 
low Bve. I remember the Sunday follow- 
ing, beoatue it waa the day following Hal- 
low Bve. I waa in the houae at that time - 
The doctor «aa attending me ; I had been 
In the bonae back and forward aix montba 
before that. I koosr I waa brought in to 
awaar all 1 couM, but it ia nothing at all. 
I waa brought in to aw^ar that I luui seen 
nothing of a woman and child oat there. 
Never perceived any smell around the place 
where the remains were found. 

WILLIAM OARKSTT, SWOm. 

Examimdby Mr. Tuck: 

I live at a place called, Bloomsbury Settle- 
ment ; some call it Oarnett 8ettlement,about 
two and three-quarter miles trom Bunker's. 
Sir. Porter livea next ; Boss Metre lives 
next. You can see one house from the 
other. Henry Connolly liveA next. You 
can set all these houses ; it is a settlement. 
John Connolly livea next, and I live next 
to him : was living there ia the months of 
October and November, 1858. Z don't re- 
member the Hallow Eve of tnat year. ('' I 
don't hold that up much") I was at home 
all the time. Did not see a strange woman 
and child in that neighbourhood. Did not 
know a woman and obild named Clarke or 
Vail, nor nevev beard of th«n \ do hot know 
exactly the phiee where the remaina were 
found. 
(Jron examinti hff Mr. Thomson : 

I WRH hotna nil the tiaaonbout that timet 
I mw siok : ovtaoi say whether I was Mot| 



^ 



mikssBAi^. 



■qf oouMin «to|>ii triM jii«« I buvo poHMd 
along (be JU«6kIU«er Hoad to Bunker'ft; 
oaonai MY ^w many fciuM : always watic- 
•daloDie; never ameUed anytliing there. <( 
Se'taeamintd by Attorney Gtmral i 
Q.— Did you (deep ap Ktain or down 
when yoQ were aiok? A— 1 have no up 
stairs to my house, sir, so I muat have ^lept 
down stain. 

THOMAS DALLIN, SWOEN. 

I live tbxee and three- quarter m ile« from 
Mr. Bunker's, in Uie Garoett SettleuieDt ; 
Mr. Wu. Gamett lives next to me, close 
by ; 1 live about a quarter of a mi|^ irom 
Bou Moore's. John CunaoUy lives next to 
ne, towards Bunkw's, lleury Connolly 
lives next, Boae Moore next, Mr. Alfred 
Porter next, and Collins lives next. [ Wit- 
ness abowed signs of fainting, and was re- 
moved to the open air. Court delayed come 
time, but the witness being reported nob 
likely to be able to eomelbrward the Court 
proceeded.] . i^iw \au Ooutii 

•■OROf CAVMETt, SWOKN. 

JSSraimraed by lA*. Thick : 
la ' I Ivfe BSav to the Gamett Settlement, 
mine is the last house in the Settlement ; 
it is over three milen from' ray house to 
Bunker's ; have lived there about twenty- 
one yearn. It is all cleared from where I 
live to Bo6s Moore's, but a small patch of 
woods about 50 acres. Could not swear 
whether I was home in October ot 1868, as 
1 am a great hand ior fishing and fowling, 
I was in the country at the time, but was 
home nights. There was no Htrange wo- 
man ur child in the neighborhood about 
that time nor since; no woiniin named 
Clarke, or Vail, were there ; never heard 
of such a woman until the commencement 
oi' this trial. 

Gross examined by Mr. TJtoinson : 
Have not been home much this summer ; 

never perceived any smell in passing along 

the Black River Road. 

Re examinadby Altomty General: 

Don't remember Hallow Eve, of 1868. It 
is no use 6f me saying what t don't know. 

snaAW LAifB, (colored) sworn. 

Ezumined ty Ur. Tuck : 

I Itveat Wulow Grove; was berrying in 
8?i>t«ssb«r of this year. Htnry Brsndjr, 
liRotg* Diftgs. and my sitter J mima war ^ 
m itb me ( it was near the Bteqk River Road. 
I BAw a head bone, a rib bone, and some 
clothes. Martha Thompson saw them first 
The head bone was lying right by a rock. 
4I never touched them. Me and my sister 



AminuU ••< M«rtha Thompson. wtnlttVere 
the next dftf to^shewmy tathtr, GwuX^nSt 
the remains. I bsvav went any aaore. 

oaonvB ivtrmiAT, sworn. 

' JSxnmined by JW-. Thick; ' ' 

1 live on ' Brittaia street in this oity ; 
know the priiohet, hud hfive UrtoWn him 
about Wo at three yeSrs ; know the Bruns- 
wick Hotel, was there l/utt Fall. A year ago 
when I was in there, the dcor bell rang. I 
opened the door, and Munr«>e. (the prison- 
er) stood there. H« handed me a pMoel 
and asked me if I would ^ive it to the wo- 
man up. ataivs Qe said what her name 
waa. but I don't remember it. 1 gf ve it to 
her : she had a baby. She openttd (he par- 
eel.and gave me a stick of candy out of it. 
aod ^Bve ^he baby one tojs. 1 then went 
out whers li^r** Lordly waa. I never SbW 
the woman, before, Mr* Munroe lived in 
the aam^ bouse with my sister. (Mm. Beld- 
iqg.) He hsd a wife and two children liv- 
ing wi^ him ; the houae was Mrs Craw- 
ford's.. , 1 was i^V>^ ^J^' Munroe's part of 
the house pncej wpnt to the house quite 
often, and saw Mr^ Munroe's wifp and chil- 
dren. When I topk the candy up atairs at 
Mrs. Lordly'/i, 1 saw no one in the patlor 
except the one. ..,. ./ 

ROBEBT MOORE, SWOm. 

Examinei by Mr. Tuck : 

I live on the Mountain Road, so called, 
between Bunker's and Black River : it is 
about 2 1*4 or 2 1-2 miles from Banker's. 
Have been there about twelve years. We 
call it the Bloomsbury or Oamett Settle- 
ment. Was living there in October and 
November, 1868. Am generally at home 
nights. Don't know that I remember HaU 
low Bve particularly. There were no per- 
sons at our house exMpt it might be some 
of the neighbors. There was no woman or 
chi'd named Clarke or Vail there ; never 
heard oi such persons. 

CrosS'ea;amine4 by ^r. Tliomson : 

Don't remiemt^er where I was on the 31st 
of October, 1868. I have patised along the 
road towards Bunker's several times dur- 
ing this summer ; don't recollect of smelling 
anything psculiar there ; donU recollect 
about Uie weather in October. 1868. 

JOIUr B. MAZiSHALIi, swotn^ 

JBzaniined by Mr. Titek : 

My oeeupation is OMef of Police for the 
ci>7 Of St, John $ have been Chief of Police 
sines 1862. Have known John A. Munfoe 
8 nee hie Childhood ; he has a wite and one 
child that I know of. He lived OQ Char- 
lotte Street— ^dont remsmher of his living 
outo< Saint Joiin. Between five and six 



2M»^Riia£ 



called, 
'er : it is 
unker's. 
8. We 
Settle- 
Iber nnd 
It home 
Hal- 
xio per- 
be sonie 
omBn or 
; never 



lihe 31st 

hong the 

)e8 dur- 

sOielUuR 

recollect 



lor the 
»f Police 

land one 
Char- 
liying 
au4L ux 



r 'fJqAk la tb«««i^iii9n tha Ji«t aI,A<|h 
4mbet. 186&, I wnit 4owp to KLr. Qt$U'» 
alooD.otf FrmMWiUiam Simmi, in the 
ity of St. Joba. Mr. Mnffro* waa in the 
jar room. I told liim I .wavted to aee him 
for » morncnt. Ufi cf/Ht p\K of the bar 
room and went Itito the ^all upataira. 1 
l^ld ^io) X had understood that h«* had of- 
fered to give himself up to the Coruotr. aiKl 
^that.the Coroner waa up to tha ^otica Ma- 
giatrAte'a Oihce. I Mkad him if he would 
come up now ; I wou*d go ahead, he evuld 
follow on, and Jose* would follow after 
him. We came out and want up Prince 
William Street in that order, and La witnt 
into the Police Itagiatrata'a room, 1 waa 
near the door. The Magiatrate said he had 
i^aant for him ; circumtiaopaa were atrcing 
againat him. a<d he ad»is«d hiiu not to say 
'anything to nny person only through His 
counsel i there waa no counsel namsd that 
I recollect of. The lllagju»tra^ aaid-^^Mr 
chief, I give him in your charge until to* 
morrow morning.'' I, thought I would not 
lock him up, but took jl)im up to my p,wn 
room, where ha would be< comforubls). . It 
is in the rear of the Police Office. 1 sat 
down to my deak— Mr. Jones to my left and 
■Munroe to my rigixit. I don't think Mun- 
roe sat down ; Jones did. Mr. Munroe 
then said he would tell ue about it. I said 
to him ^'You had batter not aay anything." 
.Mr. Jonea aaid '^We may have to appear on 
4he stand against you.'* He (Munroe) said 
*' I would say the same if I waa on the 
«tend.'* 

Mr, Thomson objected to this.'—Sayiog 
the Magistrate'a objection down atairs had 
nothing to do with whnt took place up 
Htaira. The Magistrata merely advised, but 
•lid not warn; he should have done so. The 
•aw easts the duty upon officers to give a 
;)Ositive warning. 
Judge notes objection. 
Attorney Q^neral requests that the ques- 
ion lie put to witness whether any indg^fie- 
aent had been held out ox not i tii^ 

A* — No, none. 

Witness proceeds : —He ^Munroe) i«aid 

he woman's name was not Clarke but yuil, 

ind she lived in Carletbii. Ke had been 

oquainted with her for some years. She 

lad a child— it was not .his. ShQ hud some 

^ 'roperty then in Carleton^ , She Iras going 

:> feell it and go to the 8tates. He strongly 

dviscd her not to do so, as long as she had 

iiat she had a shelter— i place to live in ; 

t ahe sold it, the money Would go and aihe 

■vould be thrown vpoa the' W!orld ; however 

he sold the property ; he said hn was 

'oing on to tb« United Saates Snd ahe 

wanted to go with him t be tdriied her not 



to go ; she sail lake wanted to eeeru 
Who wu tb ineet' her at the CaoMMrfcial 
Hotel, 14 Boaton, who waa going tm matry 
her.^ They www onto Boaton. He aaid he 
would either iseet hrr there or she wonld 
get a letter. When they arrived in Boston 
he went to the Commereial Hotel with ))er 
and then rejoined the party he was With, 
and went to the American Houae. The 
next morning be went down to the Com- 
mercial Hotel to see her, snd ahe told htna 
that ahe had neither reoeived the latter or 
Been the party she expected, and that she 
would go back to St. John again. He anid 
he was going on to New York and would 
bis gone n few days, and he intended to join 
the steamer on bia return at Porthind. J 
don't reeoileot ifaac he named the day. — 
She said she would go on board the ateamer 
at Boaton. He jmned the steamer at Port- 
land; the weather was rough, and ha did 
not see anything of her until they got mkr 
Eaatpott er St. John ; she wanted him to 
get her to a hotel, and he took her to the 
Brunswick. House. She said that she 
wanted to go out to Loch Lomond, on the 
Black River Read, te Collins', to see a man 
there who waa going to marry her — a paint- 
er— he did not know his name. On Mon- 
day he got a coetfh and went out with her ; 
they got out of the coach before they sot to 
Collins', and the coach went b<ick to Bunk- 
er's. He remained there, and the woman 
went down towards Mr. Collina' house; 
ahe returned and said the parties she waa 
looking for were not at home, and fiey 
would cqme out another day ; comint; in 
she aaid she did not want <o go to Lorily's 
again, and he finally look her to the Union 
Hotel. Union Street. On Saturday tney 
went out again in a ooaeh ; thev stopped at 
about the aame place : he remained there ; 
after a time she csme back again, and aaid 
the partiea were &t home ; she would nto(> 
with them, and they would bring her in in 
time for the stctimer on Monri^ty morning, 
and for him to make arrangements to have 
her luggage tak^n to ths boat. On Monday 
morn ng he went down there ; there was 
some difficulty about the Itfggage oomini; 
down ; it did come, and he had just time to 
put it on bo.<ird, give her the check, shake 
hands and aay good bye and the boat was 
offk Dgring the oonveroation he said Mr. 
A. Craft told him that about six weeks be- 
fore he had seen his girl ; during the aura- 
mer, he also said, hft hod received a letter 
from tbiegirlv the writing and spelling of 
Whteh was so bad that he had deatroyed 
ft. I said it waa anfertaaate he had donA 
eo. tor if he had it noW it might be a heat fit 
to him. I think that is prttty near tn« 

I 



I 



74 



TUmTBiMk 



ot what 

I gat • mn«h< t bsll umI kiA It on the 
frtt atone ttll of th« poHc* oOm door, aad 
flattMUNl it Willi the tid* of an wn. Than 
I p«t it an the tilo and amoothed it. It waa 
• vuricet buliet-* laad ; I hare it. 

Ms. Tuck -.produce it. 

M«. I'kohho.n objeota and iNiya ha doaa 
not know by what law evidence, asanufao* 
tared behind the priaonev'a bacli, can be 
•dmiaaabla as nvulence. 

Hia UoMOR thnitt it ii not admiaaabie. 

WiTHMa.— [Flattened pieea of lead 
ahowB.]— I )iBvt> seen that before;tt is lead ; 
it haa been mude out of a round aubatanae, 
[Witneaa wiahcM to explain why he thinks 
It waa made from a round anhstance.] 

Mr. Thomjon objecta aa witneaa is not 
akilled in such mntters. 

Uia Uonoa allowa Mr, Thomson'a ob- 
jection. 

Mr. TnoMtiav says thia ia a matter for the 
jury to fion»tder, and wishes Hia Honor to 
take hia objceticn. 

Court adjuurntd till 2 o'clock. 



£nminatiou of J. K. Mnrahall resttmad. 

OroaS'extt.iiined by Mr. Thomson : 

I have known prisoner Mnoehewana 
little boy ; he was a member ot' my ola« in 
the Sabbath Scnoot ; have been intimate 
with his family for years ; had no desire 
that Manroe should say anything at the 
PoHee OlHce, but Vroula rather he should 
not sa>y anytliing. 1 said to him ** you bad 
better not sny anything to any body." 
Then he wont un with his story. That is 
all I sMd to him. Thew) so far as I can re- 
member, w^Rre the identical words 1 said, 
and thM with an honest desire to deter him 
from saying an^^thing. I did not take 
down what he said. 1 have given the sub- 
stance of what he sakl as far as my me- 
mory went at the time. Sinoe the adjourn- 
ment of the Uourt I have tbongbt of some- 
thing else tluit occurred ; 1 have not stated 
the substance of all he said : I spoke on 
several oooasions of what be had said ; I 
did go down stairs and told the Police 
Magtstrate ptlrt of the circamatanoes. 

(£- Then you consider you done that as 
a friend^ A— Idid. 

Mr. TnoMt'OM.— Tb^n Ood save the poor 
victim who may be hereafter aubjeeted to 
your friendship. 

Q.— Did you not aay, '^ Now John, if 
there is any person ifr whom you aheuld 
have confidence, it aheuld be in me. I batfe 
been acquainted with you and yetnr family, 
and t^e whole otmnection, so long that you 
ought to have oonfidenee in me. Now do 
tell me in confideace tbe whole df this un- 



CM|iMltoafbir.*» 1l«# ACaO'ria.erill 
ye«Mt Haa that langliaite^ A.."! df d net. 

Q."— On tftat oeeaatod dfd yon not put out 
your foot to Mr. Jofiea to stop ths oonver. 
aation i A.— I dfd. 

Q.— Do yon know Joseph Potts ? A.— I 
do. 

Q — Ts ha a member of your singing olasaf 
A.— He is. 

Q.— Did yon not« at your singing blaep| 
or near the Centenary Charoh, te.! Potta 
words to that effeot f A— I did not. 

When the Sheriff entered, the conver- 
sation went on the same as It did before. It 
was between afx and seven o'clock. Mr, 
JoheS came in and eat down, and I sat dowa 
with him. I gaderally take my tea at six, 
but I had not takta tea at that time. M^ 
motives were frtendahip. I dfil not tell^ 
Munroe tlwt 1 tntended to inform the Po.- 
Hoe Magistrate of the cor.verMtlon. I think 
I told hia father that t would do all I could 
fot him— £ think it was the next moraini;. 
Inavenr»er gothold of any members of 
Mr. Mnm'oe's family or friends. I got all 
the information I eould as ttii ollleer. 

Q. — Did yon not, the same afternoon he 
was arrested, meet ofd Mr. Munroe on 
Ohipman's Hill, and say, •* John, I am very 
sorry for this unfortunate affair, but i will 
keep you posted up In everything. What- 
ever John sayato me will be in perfect con- 
fidence, . and no action will be taken ut>on 
it? A.— 1 did not u«e such words, or any 
thing like it. 

I did not put persons in the way of John 
Munroe's friends, to extract information 
from prisoner. I was put on the track 
J Q.— Do you or do you not, when prison- 
ers are in custody, endeavour to extract in- 
formation from them in the way of conversa- 
tion, and then use it against tbem after- 
wards? A. — 1 do not. 

Objected to by tbe ArroaNBT OEirza^i.. 

H1& HoiTOB— I eonsider it is not a proper 
queation. 

Mr. ThoUioh — I will not continue the 
cross examination if the objection be taken. 

Re-examined by Attorney General. 

1 teel it to be my diity. whtn a ciime sucl^ 
as this, has been comffiitted in the commu- 
nity, to u»e my best eode&vuura to ferreli 
out the guilty party, and instruct my po4 
licemen to do the aame, and I have dona stf 
in this instance. 

(who waa nttt able to prouted with hit ex 
aminatton in the toraaoon from fainting) re 
eailed. ->I live about a mile from Mr. Co) 
lias' ;^ I waa at borne a year ago last Nr 
vembiBr— on Hallow Eve ; was home a we> 



Tiltf ' tTAL. 



Y6 



dnot. 
It one 

A.-I 



ft' 



ttt 



ore. It 
k. Mr. 
It dowa 
I at six, 
»e. M^ 
not tel^ 
thePo- 
I think 
I could 
Dornintt- 
fibera of 

got aU 
nr. 

noon he 
nroe o«* 
am fery 
ut l«iU 
What- 
feet con- 
en upon 

. or any 

of John 
trmation 
rack 

prison - 

itrabt In- 

IconTOTsa- 

jm after- 

a proper 

.inue the 
|>e taken. 

\al. 

Iiin\e*ucl| 

I comtnu- 

Jto ferre% 

It my poj 

done B(f 



kth hi* ex 

Inting) re 
Ur. Col 
last Sr 
i« a we< 



•Hot it I WM h«ttUnf lity off thtlowtoaa 
and pnttiaff it in the barn ; mw no ctrMige 
woman and child there abont that time, nor 
a woman named Clark* or Vafl. I paaied 
the plae* where the remalna were foand, 
but tkey were lifted when I piaeed by. 

DAVID BTUAHT. sworn* 

Examined by Itr. Tuck: 

I live at Upper Black RItct, on the Dlaek 
River Koad, in Oarnett Settlement; my 
father ia not living t my mother is aiwidow; 
she haa been sick. I live a Uttlo better than 
two milea from Oollins'i was home daring 
the montha of October and Norember, 1868; 
was home Uallow Eve night ; do no%know 
of n woman and child, strangers, or a wo' 
roan and ehild named Clarke or Vail hcriag 
been there, or thereabouts. 

Oros8-€Xanuned by Mr, Thomson : 
I live about ten or twenty rods from 
Black River ; Oarnett's Stream is the upper 
part of Black River. I eonld not say how 
many times I have been in on the Qlaok 
River Road this summer— ten or a doaen 
times I suppose ; did not perceive any smell 
where three remains were found. I know 
I 'vas home becauee 1 never was away f^om 
home. 

Re-examined by Atiotney Oeneral. 

From our place to Bunker's would be 
about two miles and three-quarters; no wo- 
man or ehild could have comn there with- 
out my knowledge, in October, 1868. 

DR. JAM£a cHRiaTiB, swom. 

Examined by Mr. luck. 

I am a doctor of medicine, reside ahd 
practice in St. John ; know Dr. Earle, the 
Coroner for the City and County of Saint 
John ; have practiced medicine thirteen 
years. 1 saw theoe remains on the 17th ol 
September Iitet— -they were human remains 
of an adult and child. I made an examina- 
tion of them ; would know them asain if 
they were produced ; [remains ot skull 
shown] that is the Bkulll examined. Cal- 
vin Powers was present. I examined it in 
the dead house. It was covered with a 
kind of black matter ; in scrapin,*; it with 
my knife, I found an opening in the left 
temple. Powers and I then took the skull 
down to the Coroner's ^ur. Barle's) office ; 
the Coroner then directed me to take it to 
my own ofBce and make a more thorough 
examination. I sawed the top off, in order 
to view the inside. I fonad that the left 
temple presented a nearly eirenlar opening, 
a little ragged at its edges, about a quar- 
ter ot an inch in diameter, the opening on 
the internal portion of the sknll the same ; 



the opening ialarft, tnf nvgb Mil ln*|m- 
lar: the edge* have been broken off; a 
bullet alvrays makes an opening larger than 
iuelf ; (akoll shown to Jury] made no fur- 
ther examination I waa out to where the 
remains were found— went ont that same 
afternoon. Br. iiarle, Mr. Armstrong, of the 
Olobe* and the Chief of Foiiee acoompany- 
ing me. We met Constable Powers, and. I 
think, Duraat. We tied our horse* and 
went in to the spot. I made particular 
aearoh, expecting to And a buUet. I found. 
wherel aupposed the brain had run out. 
a niece of the internal table o| a ahull. 
I also found aome fragmanta of clothing, 
and a piece of a aontag, under the moss. 
What I aupposed to he brain matter lay 
dose alongside the rock ; it aeetned to be 
nearer towards the Quaco Road ; I brought 
the portion of the skull home, washtd it and 
examined it with a magniiyiag glass and 
found particles of lead on it ; the particles 
of lead can be aeen witbont a magnifyinff 
glass. (Exsmioes it throngh the magnifying 
glass.) Xhe particles aae there still, bat ate 
a little tornishcd. The piece I auppose to 
be about a quarter of an inch in diameter. 
I examined the aperture in the skull «fter« 
wards ; you can see particles of lead on it 
with the naked eye. and quite di»tiootly 
with a magnifying glass ; 1 came to the 
conclusion that tha aperture was made with 
a piatol bullet ; a 3- 16th inch bullet would 
produce a hole of that size. I made aome 
experiments on a skull in the office. 

Q —What were they ? 

Objected by Mr. Thomson. 

Hit UoKOB —I think it is quite admis< 
Bible. 

WiTNKse — ^The experiment was upon an > 
other skull with a pistol carrying whs; 
they call a 22 cartridge— I think Smit), 
& Wesson's. [Cartridge ahown ] It wa i 
tho same size precisely as tbAt. I took •■>■ 
skull and filled it with water, and cot 
ered it with a mu.scular tissue, and the 
standing off about two feet I fired the pistol 
so as it would discharge in about the sam 
place as this apertare ia toond, then trie 
other experiments with the water and tis 
sue. in the first .two experiments tb 
opening was exactly the same as this, onl • 
going cbroiigh one side ; in the other ex 
periment on an empty bare skull the bulle 
went throngh both sides and mashed th 
skoD agodd dmil. More tlian tlkdy fron. 
a shot ilred as this most have been, deat>. 
would be instantaneous. I apprehend tlia 
death in this instance has been aiidden, be- 
cause the meninein artery has been severed; 
I gave lAie age of the person, before I kneiff 



ff 



j^g^ TH^. 



MUrtUMLfbout who she was, to Jb« from 
"VWWWyTOtweiity fl?e T. fudged from the 
teeth and the acut«nem ot tho ridges in the 
skali There was one tooth extracted, it 
iDUHt have been extracted some time alto. 
I could not tell by the HkuU tho mx of tne 
person. One of the fVont teeth is longer, 
over-lappin;? the othvr. aD the upper 
teeth are peculiar. The bones were very 
much mut!Iate(|, they bear evidence of be^ 
ing gnawed by animalH. TbeDrstuppet- 
molar on the uppbr jaw is a little decay- 
ed; there is nothing very unusual in the 
front tootli over-lapping. 1 fouAd par- 
ticles of lead upon the skull upon whioh I 
experimented, much the same, only ap- 
parently mere, beoauae of being freiBh. I 
lound a child's tooth (Tooth produced ) 
1 should say it was an anterior upper 
molai* The tooth would indicate the 
nge of the child provided it had been cut 
through the gum ; the enamel upon the 
tooth is net complete, therefore 1 would 
think it had not been out. About twetvto 
or fourteen months is tb« URual age for 
children to cut their molar teeth. ^VTit* 
nesReatamines tooth.] The enamel is im- 
perfect. 1 saw other remahra of a child 
there ; saw at^llar bone of a child. (Frag- 
luentHof a child's bones shown.) There 
n-e some iVagmcnts here which 1 think 1 
picked up mj'self There is a piece of the 
outer table of the ofaild's skull torn out, 
bus my impression is, that it has l)ecn done 
by some auimars teeth, it is only external. 
1 made no discovery by which 1 could dis- 
tinguish the sex of the child (Witness 
examines the large hone ) Alter examina- 
tion of that large skull I have concluded 
that death has been occasioned by 
severing of tlie miniogin artery. 



fh'oss-excHnined by Mr. Thomaon, 

I have neyer made any examioaticm of 
caseH where individuals have .d^ed Irom 
shooting, my experience of such ca.<;e8 has 
been limited. It is a scientific fact 
that >vatcr resists in a great degree. 
I am perfectly satisfied that with a skull 
filled with water and the experiment tried 
a» it was in my office, there would not be 
80 4'cat a resistance to the pistol ball as 
there would if thK. perron were either living 
or dead, and the skttll covered and filled as 
it would be in such a case ; t did not fire 
the shot myself in t^e experiment* it was 
done under my direction My opieioo, 
based upon expeneoce and the principle* 
laid down |o *< Hamilton on Military sur- 
gery," is that a pistol ball fired at a livinx 
person's sktill, would not gc througli both 



th^ bcaia. If tha bedy had lai». there from 
October. 1868, it wooU cerisioly deooui- 
posc by June laat. 
Re-eMOTnintd by Attorney General, 
There is no dout>t but thu Hkuil of a liv- 
iuR person would offsr a greater re«ii>taocc 
to a piHtol ball than n skull tilled with wb- 
taf. There is nothing very remarkable 
about the tooth which overlap*— there are 
many auoh { I see a person in front of me 
there now who has just aach.an one. In 
this ea«« the tooth overlaps to the rights 
that is only peculiar in ^his partieular case, 
because there might be another of exactly 
the si^ne peoulltrity. Deoompo«ition would 
oertaji^y take plaeo by June, perhaps be- 
fore ; deoompoeitioa had not taken place 
fully in the skull; there was-snmeof it I 
cleaned off; the brain waa v^ry offensive at 
that time. The body ha* been eaten up 
becauHo the bones w^te eaten. If the body 
had been buried there under the moss, in 
Oetober, 18C8, and never been diaturbed 
until the time the remainn were found, 
thdtfe would certainly be the decomposed 
matter remHlning. 

LbB. BorsvoRB. M. D., sworn, 

Exanmud^y Mr. T^k. 
My profession is medicine ; praotloe in 
St. John ; have been practininR 34 yaarR. 

ibkull shown.) Saw that skull before in 
)octor Christie's office ; my curiosity 
broueht me there , the top of the »kull was 
not off at that time ; the hole was of hucU 
a nature, as at once to cause me to conclude 
that it was made with a substance such Ki 
a ball might make, oraouie other projctilc ; 
so much so that it was thought that the 
the ' particles of substance might be in it. There 
was decomposed matter in the skull : it was 
washed out, but nothing of the kind was 
found : I could not find any mark denoting 
that the substance had struck the opposite 
4ide : this was about the middle of Septem- 
ber last. A few days after I examined the 
openins with a microscope ; also a small 
piece of bone which Dr. Christie showed me. 
[Pieces of bone shawn.] Thit looks like 
the piece I then saw; upon whioh I saw 
the marks which a small scraping of Imd 
would occasion. 1 looked at the opening 
h»the skull, and was puzK iug mvt«eU where 
the subsunce .might be found. I examined 
the aperture and found, as now appears, 
that the ball had passed through the skuli, 
passing tlirougb ;he table and lodged inside 
in the braio. i^y c^iniun is this, that a 
wound occasioned with a projectile such as 
mtt9t have.passed through the ikuU, as this 
appears, would cause instantaneous death. 



iabl«s of the ukuU, but would lodge in the I conclude that iti» the skull of an adult. 



Tl« TRIAL. 



774 



ft from 

dtOOMl- 



4 • Uf • 
nUUocc 

villi WB- 

tarkable 
lere at* 
It ot mc 
Dltt. Iti 
e nght— 
Ur ckte, 
•xactly 
>n would 

cen place 
Be of it I 

rensiTe at 
eaten up 
the body 
I moss, tn 
duturbed 
u found, 
compofeed 

om, 

praotlM iti 
34 yaars. 
i before in 
curiosity 
okull was 
as of such 
conulude 
!e Hucb a« 
irpj- ctilc ; 
that the 
it. There 
ill : it was 
kind was 
denoting 
oppoaite 
jf Septem- 
hinined the 
ieo a small 
towed me, 
|ook» like 
oh I aaw^ 
g of le^d 
opening 
nelf where 
examined 
appeara, 

tbo akul'i 
Led inaide 
|i», that a 

|^U, as thlB 
sua death, 
fatt adult. 



It htm M the teeth ; thert Is oa« tooth mh- 
dHit en the left lowet taw ; the teeth are a 
tine ser. and rfnarkabfy eound for a person 
over 30 years of age. I don't eare about say- 
iPff a#ythinK about the age, a^ 1 have never 
irivcn thot considemlion to teeth, which ts 
demnnded to poM an opinion in nuch a 
matter : there ki notbhfif peoolint 6fyt\xt 
the teeth, only they are not resulnr : one 
Inpfi ofer ttie other, and oqe touth In a Ht- 
tlo larger than the others. 

Court A^^ourued till ^i^y . ^imif*^* 
lOo'dock. ..... v.,<r ...lu-i" 



V ' if( <ti 



.•«ilnt»;J(^ ■ ■» 

MoifDAY MoHNixo Dee. ISth« 

The Court opened at 10 o'cloek. 

About the same interest manifeated by 
the spectators as has bceo siaed the com* 
menee^Mit of the trial. 

DR. T. A. D. rogTKR, DXKTIBT, tWOtn* 

Eaamined jy Mr. Tuek, 

My protesskm is a Deatial ; I paetia* In 
St. ioba : have been praotiaia|| foartee* er 
tiltaeD yeara. rSkall ahowa]. There la 
one tt>oik wanting t it U the wiadoa toatft 
on the left akie. The tetlh mm Irraffvlar, 
ana the left frontal incisor is loiuer and wider 
than the rigbtf and orer laps u. It would 
beaflM«nsei identileatlMi, to those who 
were fsmtliarly acgualAted, l^ut woa^ not 
be ordinarily noticed. 'j. , i . • 

Mk TaoMaoM obieets to t|ie first part' df 
this Biis#erii His HoNoa allowa it^ lttb|)«et 
to Mr. Thomson's objection. 

Wtmaae.— Most persons would ttc>« no* 
tiee It at all. I observe thai the teeth Mii 
extra good. I cannot eay as to the age. 
further than be or she is over twenty, and 
might be ilnder thirty or forty— it iprould 
be hard to say. fOhUd's tooth shown.) I 
bhouid say that was a nMsr tooth of a 
chikl ; the age would de|^d materiatty 
upon whether It was a first or second molar 
toptb. I should say* from observation b}> 
the naked eye, that the uMh had not been 
cat t the^ are aa roota formed, antf is Ma 
perfectly dovelopefi. It we«M he ttnsafb to 
state wlHHr age Hm ehlM waa. 

Ohm aam i riwi d fy Jlir. T< M na i i« 
It«Mylfs9««r twale* mMuu; if Hii 
the iMtt molar il wotrt4 i»lMi mmttla, 
that #<mUI ie fhe aadieat I If il waa aaa- 
caad aaolar, It wanld be ianfiaen ar Mum 
noMths; supposing the tooth tree auttit* 
the firet insiMMe, it would be II or 11 
moiaths. There ie nothing aneonmfln' ahoM 
the aMeahmee of tiia teeth, only their' iiva- 
gidai4t]^ : il ismore uMWmmott to aaa^titflh r 



Rhunmimd hy Ail]f Gmeso/. f 

If U is an anterior nolar and out« it would % 
be 11 or 12 months, if the other, it wauld 
be U or 15. This tooth ir imperfect ; it . 
has some enamel. At from 10 to 12 months , 
the tooth wwuld be found foiuiog i(s way 
through ; the tooth would not be so far 
advanced in |he gum of a cbiJct ftmontha 
old i not as far advanced in a child ^ or 8 
months. I speak od the authority of othrrA 
who bare eitamined ohii4renat |he agf of 8 
months. 

To Mr. Tbo)|i«oii— I Wkv^ genAcally 
apeakinK. tt would not be in ao perfee^ a 
sute as this. "^ 

To Attt. OBii.<^lt woald be similar to 

this tooth at 9 months ; not Quiu so far ad- 

Id think. I refer; to •'Bell" 



vai^oed, I aboul 

on teeth apd "Poi** 

autliority on teeth. 



and "Uayf*' aa 



) )i» . » 
vm, JoaavK c* satiuwatw „., ^ 

Iem> a dentlsi and have praetised IS 
yeats. (Bknll- shows). The third mola* 
or wisdom tooth of the left eMs ia gone. 
TlM teeth olherwise ai% good, except a 
little irregolarity. TIm right eeatval Ineinor 
of tlte upper jaw overlapo the right lateral. 
Wilaeee oon^oting btameirsatd, 1 think U U 
the aeeond molar tha« wee . eztvaeied and 
net thielhird aa I al Aral sqipooM. I did 
net observe ilie spioe between thfae two 
teaih «» flMt. It U haid to eay . The een* 
tval inoioers ef the vpper Jaw aio Isrf^ and 
tha left lateral is hnrger thsa «lm oas#aspond« 
ing tooth on Iha wdwfr side. Theae lonf 
aea u s t aaa e d » aeeing the tooth mifht oh^ 
serve tMa. I ha«e, however, oMs eeoa 
somethmf ehnllae. fOhildl tooth 8hawn>> 
ThiBt I ahonld sappose to be the firet or 
second aalrir of a child. From the siae of 
it I should Jttdge il to be the first awhur, I 
shovid iMah it had not been oat thnwgh 
the ^pna. The ensBMl is Imporf ect and fho 
root is nol perfectly farmed. Cthilflrea -vkt 
their teeth atdiie^nt ages. They vary so 
moeh that ills impassible to uH--<«saaily 
that slMuldnoihe ewt befwe hr«m 12 'o 
14 or Ifi nMdthm Fbam my owo egcpc-^nt* 
I eanaoi ttH what the age ef dm ehihV 
mi|ht bd whea the tooth waa in that ecmdi* 
tiott, naeei h i> i M fi mira a m d or eeeH e«o in 
tMa elalak f jidgo to — l ie aapsaemip of 
the tattit that H hid ammr bami enipied 
and dmt aa the Mbth ia ueimlly erupted at 
from It^M 14 m«iith% I jmdgmthat#M AiM 
amei haeo been of ttmt aga« T^ereiaaa 
Ihudi varhMlon id thoiimt «f getting thsean 
teaih yott mnwot teH hteaaataly. 
1'0 Mr-'Tuaiiina^i^irha mutptiim with 
|w*«o «Mh U «■« they ahMUd be Mfm^r 
:-n4 v'9>rvbiM|i-wMi«ities«: isiswdSK -iiiiai 



HB 



|a 



Tl|J!TK|A[^ 






ot think that the «qamel.7r0uld he thus in. 

ured bjr expfwttirk to the WMther for a 

ear. Thia tooth' ii not netrty perfect. I 
coald tiot a4y iti point of time hOw far 
^hia tooth ia fitim perfeetloin. 1 vLuuld 
aay ^rom three to foor monthp or more, pro. 
bAbly from three to six mofitha. I have 
aeen the Jawt and teeth of a child which 
dif>d before the teeth irere erupted but 1 
haTe not made any particular ejumina- 
tion. 

To ATtY. OwKr-^When children out their 
fk-ont teeth at an earljr f ge, I hare obeerved 
that libey generally etit the molar teeth early 
•Uo. 



M-'tV 



otBira B^ itaxs. 



i'fciliiftj^1byiician,atiddiBati««i; I baye prao- 
ticiBd dentUtrr. pbi<at 2fi yeafa and m^iciae 
aince 1843 or tt^A. (Sk^ll ahQwn). The 
teeth are perfeot except thit one tooth ia 
absent in the Io*rar jkw. Foem appearano* 
I woiUd Judge that the aeoond mcAer iraa 
extraotcd preriova to the growth of the 8rd 
raolar or wiadooMtootti or rather pritvioua 
teiia eruption. The wiedoa tooth haa 
grn«m from end naarly into .the plitee af 
the aeoond mokh The wiadom tooth 
eropu-fkom 18 to 96. and Uiia tobth eenea> 
ponda iteeet prfoieely with the wiadom 
tooth Jon the oppoaite. aide--the ahape of 
tho enapt. AU the four wiadom teeth 
are atUl in the jmt. The formation 
of the teeth ie ireryiAno. The inegnlari- 
ty in the front teeth ia verr pleaaing, 
would i^ve ft pleaaing expr eaaion to the fc»- 
turee : tomethiag not to be fo tgett a n by 
frienda bnt may not bo notiead by atrangare. 
The {wfaaeipei irregularity ia that tlw ttont 
central inoiaor laps DTor tke right lateral. 
(CaiilM'a •'^^tk ehown)t I ahonld eali tbk 
an ur .: ^veloped ^ild% tooth, not erupted. I 
ahoikiaiinppoae lyinir • oontidaafthle. time 
under hard oeilnlaK tiamMo in the ^ild'a 
monthk It w witbont any denbit a fltat 
molar of the lower jaw. I ipeali ftun my 
own obaervation. Tho roota are aoareely 
developed enoni^v Still l^ndge it to be of 
the lowaf jaw. I aho«M say the ohild in 
whoia jatt thia teoth «aa« wae eonaidarab^ 
tmder a year, bntihere ia.no miti*- k it tibia 
ftrat tootii to heieemtdin thovhend and the 
emb iy e tiaj m tn iMMgiim to to||iinad«n tAw 
a*veiMii>^wMh<t>o»'th»bM||! o« enrtby form- 
ation biM>the|eimbefia»^ befermedi I 
aho^d nay on om Aveafe that a tooth in 
thia atato would axtac in n child nine or tan 
aonChaold. I have aeen thia tooth in a 
jhild seven numtha old and have out down 
to U( bm dian it waa thsoni^ tMgh oallnUr 
tunprn It moold tvaMga aho«t<t«elin 
montfit whm tMt cooth ia erupted; Fhy^ 



rima in or^uary praetioe would be better 
ableto speak en this aubjeot than a dentist 
as we are seldom oaUf d upon to deal with 
teeth in this state. 

To M». Tiioirsoir — The enamel wo Jd bi 
affected by arioospherio action in a year. I 
observe that there U another aubstanea 
which remama UMn the tooth until it is 
erupted. Thia ia the oementum, a very thin 
covering. The tooth might belong to aehild 
froto six to twelve or fourteen months old 
because the growth varies so muoh. The ex- 
esprtor. It, to find the set of te«th in an adait 
regular. Thia irregula-ity is rather retaark- 
able. but it ik not one 1 'would attempt to 
remedy. 

To Atty. anr.~.The teeth are exeep- 
^ionably line. This child's tooth might 
belong to • ohHd firom six to fourteen 
months old. When the incisors are cut ear- 
ly we find thfjt the molara Are alae cut at an 
•wlypetied. 

WItLUMWUMN. 

Was nt the-pkM wherothe remaim wnre 
found; was |hen in Soptembmr ; fonnd n 
battoQ like tb« one jpvoduced on a flat 
shelving roek from whiobmon had been 
pulled. Gavn it toMr. Fowe». 

SOBWr B0UIE8. 

In pajMiiig^to m farm in the Galedoaia 
Settlmeat almig tbo Quaoo Road— it m^y 
be in Ifav or June last—I perceived a bad 
ameU. I waa not at the place whera the 
leu^ins wei^o found. The p}a(yi wbsve I 
perceived the small was about half way be- 
tween the forka and 4i|r. Mo€Iellan*a, naar 
w!!iere the Molcuian used to encam:} ; it may 
be a mile from the Forka. In the lUl 
Qt 1869 j waa oat there, and remarked a 
oaaob drive up to Buqker's ; I was at thia 
side of Banker's. 1 went over the bridge 
and turned up to my own jdaoe, I saw a 
laao oomipg up the Black Kiver BoaaTand 
sfl% a man whom I took to be a man named 
Moore Gomii)g towards Bupker'a Ibaw 
1^01 fint come ud> the !B(Uck Biver Road, 
PMC the Forkp aacl go on ^?nuda Bonher^a. 
I pon*t know who be waa. 

Cross-examiit«d by Mr. thofMom, 

I saw the ooaekiuni aff the mad np to 
Bftnkflv's. X fla»' t tap iwbether it mm the 
day I had aw^gpoM a»^ horM aack falMycet; 
I saw thaman iwalhittg op the Bhnk ftiver 
Bflftd. as 1 wnmk down near the finrlrn mm! 
looking annnd aflerwards saw him mlk 
tawartb Banker 'a. It might have been 
tan or twelve mr fifteen, minutes fromlbe 
tine I saw the ogaob drive into Bonkar's 
uatU I mm tha omb on the Black Rinw 
Boad. 



TB!i TRIAL. 



7» 



Utter 
lentUt 
i\ with 

(. 

Mr. I 
MUnea 
ilit i» 
ry thin 
ft ebild 
th« old 
rheex- 
nftddlt 
reinark- 
intpt to 

I exeep* 
I might 
Fonrteen 
cut e«r- 

ItttMMl 



iMwere 

foanda 

n a flat 

ladbeen 



^Uadooia 
— Um«^y 
edabad 
herathe 
IwUre 1 
way ba- 
t's. Mar 

••"Ki 



Iter's. 



up to 

ibe 

Iblaiikat. 

rkiaad 



The ATTOEamr QmnAX* piDpond tr> oaU 
Mn^ OUve.tG atab tba tiaa a4 wbkh aha 
mve SaTHJi MvfiMat T#U the patttroof 
the »kjrt to, Mr. TboiaMOotuaaM. Zha 
Judge would admit ti|e evideooe, but the 
Attorney ueneial dooided be would not 
rec^U h^fr. 



Ibe 

r's 



Was seot o^i by the^QwwHf f Dr. IM^. 
totbeplaoe when th« ti^maina were eakl 
to be.aiidiuiderthedfieeJIuoiieoftheCoca- 
ner, who allerwude ofme^ pn the fiA uda^ 
he gathered up iraai h« saw of the levMiaa. 
Be identified what ha lound-^e sknll, 
hragveote of tbe bonee. portiona of a bkisk 
dress wUh fiona of the b«f nt •M ofjesfiuit* 
ened, ine hair, udideatifled,(besa artielee. 
Mr. TboiiMK>n had the bait la hia poesMsioo 
tor a Ume. It is not exacU v m the eame 
state The water-fi^l is opened put a litda, 
and it looks as if some Iqcks hi^l been rat 
off. I do liok tew«9f thai ainy was cut off. 
He also ideHtifled toe fraffmentfi of the^ wo- 
man's sa^net the ohild^ scwk. tbe piepaa 
of the cbild^s skull broogbt in by Mr. 
MarOh, the child's hair» peB of which Mr. 
Knowles gave him. bones brought in by Mr 
March, parts of the wnAaii's atxaw bat, 
the ohiia*8 shoe and sffiikingt portions o( 
womao'iiaQ^a(ihild'a«ti(Ieraoaimt. The 
greater part hb tnbbght in hlmselt. Ua 
could not tell exactly who had given him 
the others. (Ha fadl «Bowad what be ga- 
thered and whft others ha4 afterwwda 
brought to him and tbe ocproner to bt all 
mi^^ np sothatha«(»a|4 not popitively 
identity many* of the imaUer at-tidea^ 
Mr. Morrison gave him two buttons, ana 
Mr. Wilson gave MttaaoHfaerbntton. Tbe 
top of the wonan^a st ae kieg was broagbt 
in by Mr, Mecoh. iPortiaiia of tviauaiiig 
witnese gatborad op and flmgaients of a 
pink apron. \)tk)fr|Mriionf wei« bveogbt 
u ^ other |iarttea. Witnesi braugbt w^ 
nuuPa fieriw aiillaff aad «hi|d** aontu. 
There Is « bntMb on th* diikl^k aentMr. 
This aoTMepaniblwiib a bUttoa %a saw 
aiaee which tt«Mitfihitnn»fka«9oelon 
—in the small trunk. (BaMMi oottpeved 
and ehowii to the Jttiyw Ttwy sae« exactly 
aUka.) WiiMisalsaitaanj#»in Mm beep 
akirt. BiiMaef iMfwibfaaAto^raaghft fai. 
Katkiiwfwaa widM tkMk<«lMf ha e«M 
than* ^Eha pie^t^f^tta HlntfeelMH whleh 
remained an tk# Aeainand irtiwuauuM<a< 
with the biniihftfweaMa^jrBr. AHtl,aBd 
Mr. DooghMB em tbMi off aai gave tham 
to witness. Thff imi« pradaeeiraBd 

■I* WHms 



ofthemwava8.\o«ni|a _. 

identifiadekiM'a 4aMiMd^ivaaM Bi 
haed» and Ibe ciSra takhfi wilh tbe 



leaden truss whiob he took out himself in 
tbe Dead Hoose. It parUy dropped looee 
out. The lead was in it whou be found it. 
There was oMton in.sido ixnd outside, and 
it was sewed through uu both nldes. 
Found else three child's niiderskirtH. 
There was apparently a liullot hole iu ' 
the lan^ skull ; searchud for tbe bul- 
let, but could not And it. b^ound some 
child's hair himeelf. Mr. >raroh «nd Mt\ 
KiM>wles gave him portioim of the hair. 
Tbe seoond day. diK^in;{ town, he 
fbond, a footer more ui.dur the moss, 
tbe tsseel pf a Berlin t>ui;iag. Witness 
•leo found the fraEtuoniH of the em- 
broidered skirt and aruwors which were 
■o flreqaently ident^fiod. Witneaashow- 
ed on Mr. Walton's plan wliere (he skull 
of tbe woman and otlior articlea were 
found- Theee articles wmn left in the 
dead bouse, next day woru brought inta 
Court, and since they liavo been kept at 
Dr. Earle'a, in thA trunk in whiob tbey 
were novr broiisht to Coii n. Tlte trunk 
brousbt fl'om Boston, uinl its eontent*, 
werekeptat Dr. Earle'n also. Mr. Thom- 
son was allowed to tuko uway a child's 
skirt Ibr a time. The child.s dress and 
tbe pinafore fbund in the trunk ware 
compared with thoMU found on the 
ground. Tbey appear lo bo ol the sama 
mrteriala, 

Vo XBM JuDQK— That is the trunk 
which was Rot to keep thr>se things in, 
and it was kept looked. Ouly Dr. Earle 
had aoc ca a to It. 

oBOBon jonNsoN n\RDXito. 
I raside at present at N^t;ro Town Point. 
My proteMon la tbe uioUical. I have 
been practising since Ibi^. 1 have seen 
Sarah Margaret Vail. Ti U soma time 
since I saw her. Some y< nt h a^o I bad 
a property adiolrdng Mr. Vail's, and I 
reaided there In wiutor Tba winter be- 
fbre last was the last time Iimw bar. I 
saw a atatement that I did < xtraot a tooth 
from ber, and I tried U^ niooliect. I can- 
not positively reooUoct, hut. I am under 

tbe impression 

Mr. TH0XS09— I ol^ocb to impressions 
ofthlHkind. 

Db. Habdino— Well. lOiUly 1 can say 
no more : but 1 am upder the impression 
that I did. 

Mb. TMowaoH— How dnre yba, sir, 
atter lalapped jrou, foreo unt thii^ stata- 
«Mnt oif wh^your im|[u .Mi>i<m is f Don't 
yoo kiBOw thuk a man u ou ^ial for liis. 
uiBt , 

W^miB8a->lSeidly I onlly any What my 
inoprsasion Is. 

Mb. Tboxsob— We don't want your 
iaipreaalons. 

wrmaoa— THata whv wnn I snmmoned 
•sawltaaasataHf I hnve Bo dtotlnot 
raoeflaetfam of tha matter. 



80 



Tii£ TBIAa 



nKMRY OOKNOIXT. - ) 

Eraminedby Mr, Tuck: 

I live on tbe road leading to Blank Riv- 
er, about two and a half tmlttt from Bun- 
ker's. The flrst bouse ftrom Bnnker's 
is John CoIUns' ; tho next 1« Porter's; 
the next is Kosh Moore's— Robt. Moore's., 
I live next to Moore, the brcladth of three 
iitty acre lots, eaoh twerity rods Wide. 
My brother John and I llVeon one farm. 
"We divided the farm of 150 acres. He 
lives near me; a little Ititiq divides iut. 
My brothor Is now sick hnd udHble to 
come in. I cannot say thfiit I was at home 
in October or November, 18«8. I -wdfk 
avray fVom home a ffood deal ftt stfi]) 
work, at Quaco and Tynoraouth Creek. 
When I am working awuy from home I 
generally remain away throe weeks at a 
time. Do not remember Hallowe'en of 
1B68. Have a wife and child, alittle boy. 
Oannot say if mv wife was at home that 
time. 1 do not know of a strange wo- 
man and child being at my houso hi Oc- 
tober or November, 1868. 1 did not know 
a woman of the name of Clarke, or a vro- 
man named Vail. I do not know of any 
such persons being brou|rhtin from thtt 
neighborhood in 18G8. The settlement 
in which I live isknownasBloomabury. 
My brother has been four cr five days 
Kick. He mav be able to come in. He 
is not married. My mother lives with 
bim. 

Cross examinal by Mr. jT&ontMn ; 

I did not say I was at work at Qiiaoo or 
Tynemouth Creo^ in October 18^ ; I do 
not remember. I generally am aWaty 
working in the shlp-yatrds when I can 
spare time from home. 

To Attorney GewERAii— Wm. Oar- 
net lives next beyond John Connolly, 
and Mrs. Stewart nest ; she has sons. 
Next i« Tom Dalling's; next is Tom. 
!^tewart's; next James Oarnetf; next 
Oeo. Oamett ; next Mrs. Ennls. There 
is a Ions distance to the next bonse. 
That is the last of the settlement. From 
Bunker's to George Garnett's ^^.ght be 
three miles and some rods. 
^Court^a4Journ«d till 2 o'clock. 



AFTBRNOON. 
sworn. In oopMqueaet <rf what 



I 



tli« 



b«ld. I told liim that \nvhHft understood 
from th« Coroner Ihar a mtirderhtu been 
committed, and (Mat the eVldeiTce pointed 
tow«rd« him, I Mt It niy duty to place 
him under arrest I told him that the 
evldenoe woald be frl^fhtfully strong: 
aj^ainst bim. and adrised him to say 
ootbin^r to anybody— to l^eep his own 
counsel, and whatever he wished to say 
ta say oAly thrott/ni tils counsel. I an- 
derrtood at the tlta« th]|t Mr. Thomson 
was his counsel. I tlien directed Mr. 
Maroball, ChH^f of Police, to have faim 
r«m«ved In custody. [Deposltlbns oro- 
da«ed.l These deposltlona wer0 taken 
before me by taf derk, ChcrfeS! Chfcndler. 
One of these Is the dq^sitidn of William 
Lake, tak«n In pretence of tlie prisoner 
and his counsel, Mr. Jordan. Tb(;re was 
full opportunity of cross-examination, 
and I Invariably called on hAtf* aool his 
counsel to know If they wished to puC 
any qnestlons or make any statement. 

Mr. Gilbert then described bow the 
depositions were taken. The witness 
was first 5wom. then the depositions 
were jtakeh. then they were read over to 
the witness in presence o,i tbe prisoner 
and his counsel, then signed 'by the wit. 
ness and agaih sworn to, and then coun- 
tersigoed f>y me. ^1* was on October 
eta., 

.. .! CBABLKS CBANDLSK, 

sworn. I took both, the depositions 
of William Xa\l»\ %^eA talteu were read 
to Hr Lake, sigDe^||)r j^iloL tworu to i(^ 
him. ," „, ^ '.'Z-i 



Coroneri I>r. Xarle, iaM tee, I sent for 
the prisoner, John A. Hiintoe. on Sep- 
tember 21se. about half-past flvo o'clock 
In the evenlngi When be came, the 
Coroner and Chief of Police were pres- 
ent. I said to Munroe that I was happy 
te liear from the Coroner that he was 
willing to SMrrender hlmseir durinir the 
pendency M . (be lQ«wit Uan JOiMS 



puii.|uiioa /^uns crhab, 

sworn. I gm a matried woman : have 
been married sir years the asth of April 
neizt. I iMlde In Hallfs:^ N. S. My 
husband It living -bi^ name is Robert O. 
Crear. B«fol>e I went to Halifax, I re- 
sided In Captain Raf as Patterson's bouse. 
Blue Rook, Oarleton. Went to Hattfiix 
on the 27th May last. I lived In Captain 
PatMtfscn's flrom tbe and of <^e previoae 
Aucnf^* Befbre ttiat I lived hi my sis- 
ter's boaae, Parish of Limoasfer. near 
CM-Ieton. My fatter^a name waa John 
Vail; Ita will be dbad two years on tbe 
IMi ef tMalBMHrtli. Ifymoilierhatbee* 
deed tvMKtv ye*irt tli» Ibinrdi of last 
OKMitb. When n^ fa'^ber died be wa« 
reaidiniein tiiePtft^ of Laaoaster, Just 
over the otty road. There were ten 
obildraB of us attoffetiier. One Is dead 
Ja(M>b la In Minmesol*; John Is In Prieoi" 
Bdward Island; WlBlWa. the foolish one 
biin Mur Lv^^^iv'teia^ Hnw tft aead i 



•l^f^MffAL 



§1 



«it> 



« ' 



RebeeeR Arm OVhn Hvm in t/nnsiMtRr ; 
MIIIH^nt; Bllx* 'nirnDntl l» 4Mt1 ; Huttra 
J«n1t1n9. In )n 1 tWn% \h^ tiatt It, Diik^s 
I'Unkf. beyond Rotheaay; Fhil(>htr*r 
Jan* Orear— that to oijrwlf ; Ohibe Tarn- 
hull -8h6 riv^g in Botitli Bay; and BaHih 
MMnrxrH Valt. Stie waa a single wo- 
man; <t|ie w«*the.roatt|refl(: thiftre ^ no 
oMicr sInjLMe wotlian In the tati^lly. Sbe 
lived in her father'^ liOliM In tl^^ Pati^lt 
ofLancBAter, the sarnie to wbleH I said I 
lived. r<heIlv«!dMiQr(i»^t(het|m9of ber 
father's death , ^o oo<i but nhe jand her 
fmhor Jived thee* M (be time of lay JTa- 
rher'n rleatb. i went there to liv« on 
Deo. 16th, the mine niglit that my fatber 
died, and nunalii^d there to Augtiat 8nd« 
18^8, and cben went to C«pC. PatieraiMi'H. 
Mr eister would be 25 i^ura old the Mth 
Of January ooinnvft* Iliaow the prisoner 
a^ ibar: I l^av^ be^ foar yei^ this 
laoi summer, acquainted with him; be- 
cam« acquaiiiied with biru on Mr. Mc- 
Carthy's Plc-Nic Ground?, Cailetoo; 
tiiat wag riie lirst time I saw him. I and 
uiy .si8t< H there— we stopped theie 

until tiv« o'clock. AVhen comlnir off the 
gr^unda Mr. Muaroetnd another urentle- 
man came behind us. My sister had bet 
me that I conklD't hit « tree in trontof 
me r Munroe said he'd bet n» a 
qufric \ couldn't hit the tree. I made 
the same ;-epiy to him that I msde to my 
sister, but I did not hit the tree We all 
then came off the jrroantts totfetfaer— I. 
Mr. Munroe and my sister* We walked 
<]0wn the road together Uj^ v^e came to 
i^y house. I was then living in the 
honseoi Mr. Spbntim Baton, near Blue 
Bock. My sistw asked He* Munroe to 
corns in ; he said he couldn't* as he wanir 
ed to catch the boat. Bhe«skedliim 
a^in to coAe la« and 1M did so. He 
said that neither I nei* my sister was 
married. He said that we were only 
keeping house there together. I went 
to the bureau drawer ^d wM qutiny mar- 
riage oertifloate, I haoded It te Atr. Mun- 
roe and he iiooked at it^ He Mii*\t Tbf^ow 
who you are now, yoo are msnied to Crear 
in town." That was t|ie wajr he said it. 
1 put tbo certificate baek la the bureau and 
went out ofttwroem to g^tsa nwly |br 
my husband. 1 1^ theokiatbeiwoia— 
my i'roBt room. When I wenfc baek n^ aia. 
ter said nhe must go'ttam^ Mr. Momoe 
said be must go alK). Tbiff went bit to- 
gether. I watelied tbett, and saw them 
turndown Mr. R(jWi^'i) hill. My idster 
lited a njtile and! half or two i^UMi from 

ihe 
>«o 



^^SSiotmi^'SL 




my honae tngother. II was aboathalf-paflt 
two o'cltwk wlieh tbey came, and ft wni 
nevcn or eight wlien they left. I know it 
was after oatlt They went away togelhfir 
ns t)efore. I'Uid not soe them sg&in until 
the Sunday following. My sisier was at 
the honse, She came a little aw Otoe; Mr. 
Munroe did noi get there until' three. He 
remained for t«a—Mr.lMunroe, B$kih Mar- 
garet, Mr. Cmr. ahd myself took tea to- 
Sther. ' My liister told Mr. Mnnro^ that 
c heard he was a married iQ&n, and he 
raid ho was not a married taiin. He oald 
it was ills brbtbor George that Was mar- 
ried. I told hhn I knew better, for M^. 
Crear hod tibld me he t^ a married matt. 
That he waA married to Mr. Pdtt's daugh- 
ter and had a bhild. and he only laughed 
at me and di$ not say whether he was or 
not. They W6re alone together ti^emsplTOii 
for a long time, and t did imt. hear what 
oonvorsation passed between thepi. Whon 
he waa in company with Mr. Crear and 
me and her be was talking ahcut business 
affaire, abont drawing plans and ppuntiv^. 
Th^y were a good while together alone. 
Tney stopped until it wnk a good while 
after dark. It was piretty near ssten o'- 
clock when they both went from the house 
together, i i|aw him baekward.<t and fbr- 
wards to the house on aeveral occasions. 
This continued while I stayed in Mr. 
Baton's houM, and that wag for a year and 
better. Sometime he came three and four 
times a week, and i| she was not there he 
used to Hcf^d for ber. I loft fi*ton*s house 
on the first of May. 1 4on'fc know ezacdy 
what year, and than I went to Mr. Trahi- 
er'a nontfi at Blue Bock. I saw him 
afterwards tHre^f or ■ four , timOs in the 
Trainor hocse. My sister and myself 
would be tber6 when be wss. He was not 
there more itfan haUTa doken ttoes alto- 

?;ether . I lived there until UtKjcmber iBth , 
868, when my father died, 'thee I went; 
to live with my sister .and I remained there 
until August 3nd, following. During tb&t 
time I raw the prisoner very often. Only 
Sarah Margaret Tall, Mr. Crear, myself 
and my litUe daughter lived in the house. 
Sometimes Mr. Monroe would conie once a 
week, eometiiees twice a week. My (hmgh- 
terwas 13 ymrs old last Ooto^r. Ire- 
memher that Mr. Munroe came to my 
house one Sato^y when I was scrubbing 
the house: ' My sister was sitthig ns^ the 
cooking stove. She begata to jaw nim when 
he eame in for how he hatf seiuceil h^. 
This was t tbiBk in febmary , some time 
befbre her j^ifici^aaborn. Hei went over. 



%^ 



T/iS TRIAL. 



he ooul4 bol4 fonr or £?« , Vj^t^ j^st 
tli« sajnd as f«bo was- My siater ]|(dpt on 
tii'j-ing. He mid to her " MaiUfie. li 1 gtit 
snmo poison will yua go ana poiaoo my 
yflie.^^ Iris myself to ztyk^ecsand said 
" John Mau^, Io«k oul the day don't 
oou)^ that I may bate to bring this against 
you.*' 1 was aerabbu^{ »t the time.l only 
said it ip fupf'jt did not think it would 
ever oome to tliis, or wt 1 shoald ever be 
called on to. do w. Ue only stomwd a 
few siinutea and then went away, ft was 
a weelr or fortnij^t aftor when be came 
Again to the house. My sister was sitting 
ID (be nront room; Mr. Munroe and I were 
standidg— all three in the front room My 
sister was crying, making a great time 
about her lather being deoB. She said she 
had no friends left her. Mr. Munroe says 
.^•ain't 1 a friend to yoo?" Sl^esaid "no be 
wasn't, to go homo to his wife and child." 
Snye he "Mn^ie, if I get some poison will 
you g) iJid po\mn my wife for me ?" She 
said fjbe would have nothing to do with it, 
to go and do it binuwlf ii ne wanted to. 
We aU three then oame out together. We 
did not atop long after in ^e house, but 
caipd o^t. Be wc;D^t away again, I never 
saw him but onoe i^iin until tbe^ child 
wag bom, I sair him then at my sister's 
house — the same house. They were toge* 
ther alone in the Iront roam, I could not 
hear their oonverMUon. My sistvr oarah 
. Margaret had a ^chOd on. the 4th of cebru- 
arv; a female child. Dr. Pctem and my- 
seir were present. I went tat Dr. Peters 
myself at 8 o^clock a^ be dia n«i come 
until tan. Mr. Munroe had ^Id nie to get 
any doctor I liked and be would see blra 
paid. This was in ipy siater's kouse. The 
child waa ruptuifd a^ the navel. In eonee- 
quenee ,of yilfii^ Dr. Peters told me, I 
H)Uffht i» putoieg/i^l i^in two, and sewed 
the oalfina.Iitue pocket, and I put (he 
rounding |>art so that it would above the 
naveVinto its pUic^. This did tlm child no 
goodatafl. Then 1 took a leaden bullet 
and ftftttoned it out and punched holes in 
it. Ibis was in oonanQuenee of irbitt a nurse 
toldm6. Ibfi490.otner]ead.|fuidItook a 
bullet wbiebjay iiitbes bulriin for an old 
mndcek. liblnk they call^jd U a King 
Ueorge*s. X nU^e^ the bullet upon the 
, hearth and with « nirrpw axe n^^bed it 
. flat. I used ibe bank ol the axe. I called 
, it the eye, not the Sat of tne axe, the polo, 
I flattened it out so thai ii waa about as 
large as a 60 cent piece. 'Hmu I took an 
awTand punched ndes |U Monnd the «dfge 
4\t. Then took a piece 0|l^<ir unbleacbed 
)titon about filittlff to 




■r inan a man's 



round and round. When I punched ^ten, 
the boles were a kind of rough, and I teok 
^ T&sp and xuptd them smooth. That was 
I ut aertes the cbila's body and pinned to 
tbe back with three pins. I put the lead 
right in the center part of tbe bandage so 
as to go on tbe navel. The cotton was duub- 
led. It wasmadeaofbat when doubled it was 
a little broader tbau a man'M hand, and 
tbe lead wai placed between. I don't 
know exactly how macy boles there 
wei^ in the piece of lead. I think I 
Should nctosii poBlttvely know the piece 
of lead. {TrOBs shown.) Tea, sir, that 
ik the piece of leiul that I smashed ; that 
was a ballet fl>r Esther's gun. I swear 
moat positiveiytbat is tbe same. I should 
know tbe cotton if I saw it. (Bandage 
shown.) Tbafcis not the one I made; 
that ia flannel; it was cotton ilia:;! made. 
This baa bad cotton on tbe outside* but 
i^ waa pulled olf, I gee some of tb«> cot- 
ton that w«8 on the laandage firtit ; it was 
factory or unbleached cotton ; this is tbe 
same. This— the baudago and trnss— 
remained on tbe child f^om April until 
August 2nd, when 1 left the house. Tbe 
cotton I had bought at Mr. ArmMtrong's; 
it wan my own. The next time I saw 
tbe prisoner waa a week or fortnight af- 
ter the child wAs born ; he came to the 
boose. I had the child ki my arnM, and 
I said, *' John, how do you like your 
ohUd?" aiid he aald " It is a pretty little 
thing ; it is like its mother.'- He went 
into the front room where my sister was, 
What paased between them I do not 
know. Be never brought anything for 
the ohildto the hovrae. Before tbe ebUd 
yhk born I went on two or tliree difltor- 
ent ocoiwiona to see Munroe, to Sak faftn 
for money to set aomething for the ofalld. 
I asked him If ho would not give me 
some nftoney for my aistei-, to get 
■Dine thinga to prepare fbr tbe cliild when 
itshouldlMbom. Hesaid he liwi no mo- 
ney then, but he would bring Mome when 
the ohitld was bom. I went to him three 
tluaes. Ue never brought lur any mo- 
ney, bathe aent a letter with three d<>l* 
lars. ' X spoke to bim after the child was 
bom 6n tnie putdeot. I said to bim that 
be knew he was doing wrong to the girl, 
that she had flo fhther or mother, ind bo 
was a marrlbd matt, and had a ch*M of 
bis own. He said he was Horry; he 
knew It wna wrong, bat he did not know 
whafe he oonld do, ia she seemed to like 
him, aadkeptatlidringup to him. An- 
other time I waa NRkinc to him about it, 
and I aaw hkm «hed taara, but he did not 
aeem to aur moch. I also got a letter 
out of the Poet Office with five dollars 
for my aiater. There were also two five 
dollar bUlf end thre^ ovaoges fbtobedto 
thehnulMW ber. Ttktk iraa Joit after 



r 

I tbe c 

I house 

the ol 



the d 
givel 
it. I 
with I 
and II 
perty 
prepai 
Bot vn 

bave'nl 



aroamj 
or* 

do thai 
the mo 
her ttnl 
he woo 
told hi 
pi»oe,t 
her, am 
withna 

MrTAM 

no moi« 

sister w 

am. St 

brown h 

1. Si 

ad asp 

very whi 

ped » Ij 

werea i 

onevrasi 

others. 

weept 

side of k 

in* drew 

other «» 

oneof th 

piokikwi 

It waa. I 

pound to 

and^ra 

the stand 

minute^. 

these- thi 

there is tl 

decayed o: 

with a pij 

teeth ifer 

in my lift, 

from tbe t 

I was mar 

yearn tiSef 

had agk'si 

tbe greasy 

Her hair V 

androUed 

waa 4rvi4 



TXB TflUL. 



H'ii 



11 tMk 
hat was 
ined to 
be lead 
dage HO 
uaoob- 
sditwaa 
nd, and 
I don't 
is there 
think I 
le piece 
»ir, that 
ad; that 
I awear 
I should 
Bandafj[& 
I made; 
; I made, 
tide, hut 
; th* oot- 
t; itTvas 
bis is the 
[ trnsa— 
)ril until 
use. The 
iKtrong'8; 
melaaw 
tnlght af- 
le to the 
irrns, and 
like your 
etty lUtle 
He went 
later was, 
I do not 
thing for 
the ehUd 
•ee diflfc'" 
)aakbttn 
the child, 
give me 
, to get 
iiild when 
Udnomo- 
>nie when 
Ihim three 
any wo* 
ihree dol- 
child was 
hiiD that 



laho 



ler, ma ho 
ch'W of 
3rry; he 
I not know 
to like 
kim. An- 
. about it, 
tie did not 
It a letter 
]f% dolUuTH 
, two ftye 
atohedto 



Mug as' how it was gettiaf rwnund 
heisthak he was foiag with har ; 
he aaid that if ite did not wish l» 



the o^ild wa« barn. He oama to tho 
houae once or twice, and wanted to take 
the child away, and I told him not to, to 
give it to me, and I would take care of 
it. I never had an*' more conversation 
with him about that. I heard Munroe 
and my tlster talk about aellihg the pro- 
perty wbisn my husband and I were 
preparing to go to HaliOix, when he 

Kt worifi Ihere. He wanted her to sell 
r plaee and go with as, at be woald 
havaa better ehuioe of going to sea her 

thin, being ' ' 

ajronnd' 
or else 

do thai to sell it awl g» to the States, and 
the money she would get for it woald keep 
her until he could gi?e hev mobs. He said 
he would lake her to the ikatta. Wbaa I 
told her not to hare Idin coming to tlie 
plaos, that I would get ss bad a naoM as 
h«r. and not to sell her pkos, she got mad 
with us and turned us onl. This was in 
AugM and next day, Monday, we went to 
Mr. Fattison 's bouae. I saw the priaoaer 
no mora. That was August, 1868. My 
sistar was about half a head taller than I 
am. Sheinifliffht eoo^ilaotej, had Ugbt 
brown hair, and was a ymry irood-lookuig 
girl. She was stouter tfaui I ,am. iihe 
had a splendid set of teeth. Th<^vw«re 
▼enr white, and one of the. upper tea ' i UKp- 
ped • little uver her under teeth, ^y 
were a fine set of teeth except that this 
one was a little larger and longer than the 
others. The rest of the tsetb were good 
eMspt one in the lower Jaw, on the left 
aide of her head, whioh Dr. Gborge Uawl- 
inc drew about ftrear six yeMi ago. An- 
other was a little dssayed. I think it was 
one of the upper jaw. I often saw her 
piok it with a pin, but don't know whieb 
It was. (Skull shown to«witne«s, who ap- 
peared to grow faint while examining it. 
and fi»r a tuM leaned against the si& of 
the stand, but afterwards examined it very 
minutely, bhe then prooeedad.) Yes, 
these- the front teeth— are the teeth, and 
there is tbs one that is gone and that ia the 
deoayed one whioh she uaed to ait and pick 
with a pin. I say these ate my sister's 
teeth if ever I saw them in her bond beCwre 
in my lifii. I had the eare of ma sister 
from the time she was live yeaoi old until 
1 was married. X havebMnmaniedsix 
vears t^e iSth of April ooming. My sister 
had a gitat quantfly of hair on har head, 
the greatest ouaiitity of any of the sisters. 
Har hair i^-as di? jded at tlm Uwdc, braided 
and rolled up in a water(aU»wbilt the ihwt 
was 4^vuUd. twisted sonnrt and sairied 
beak cooBd the watecfrtt,, I «o4d no«^ 
nue li (Hair A%mk) tbai is the same 



way she used to wear bar's, but ifchM been 
pull«dom«ince I saw it at the Ia%u««t. 
sad BOiae of it I aaeM is gena tioce 
I saw it St the (nqvest. Tbtr* ar.* 
marlkj of the •eiwor*. She never b«il 
lier hair eat ia tbii way. I aw«ar 
poaitivalf that i« the liair my sitter wore 
wheo I last saw her. There is where it 
wsa divided in front rolled at the ends 
and earried reond the waterfall. The wit- 
aaae beaan to ery sad for some lima the 
aiMmination was snepanded. 

BXAXtXATIOH UMITXID, 

the witne<«a atill sobbina--My aister ha4 > 
black Alpacca dms that 1 bought for her 
at John Armatroog'a aome time ia tlWiQh, 
186S. (Remaios of dreaa ahown.^ Y«t. 
air, that ia a pitce of the *birt of ihe drfas 
for whieh I paid II cents a yard. It was 
t^ and poor. 1 aaknd for blaek Alpasca 
and thor sold this to tie for that. I eut 
aud made the dreaa myaelf Tl) only trim- 
miog it had waa aome bU--'^ worated braid. 
There, air, ia a piece of it for whieh I paid 
8 centa a yard s^t Mr. John Armetroog'o. 
The dreaa waa made low necked af d short 
aleevefi. , You aeehere where it waa bnand 
at the iop and bottom. Tile reason I made 
it was that ahe waa nursing end aii*' «a» 
aahamed to go to any ooe to get it made. 
It waa made gown way and hooked up the 
front. There are Home of the hooks still. 
I can awear poaitive I made that drela. 
There % my aewing, it ia not very good. I 
am podtive I ^ugbt tb's dreaa and 
made it i'or my sister, Sarah Margaret Vail. 
Sbe had a dark grey whitoey olott aacqur. 
I houglu the clottt at Mr. Jamea Mansou'a. 
I paid 80 cenu a yasd for it ; there were 
24 yards. It w>>^ jaet hethre tether dkid. 
(PL oe of as^^oe ahown). Thare'a a piece 
of thn tack with the biodmg rouad ^e 
neck of it. Tbis ih^ where the arms were cut 
off, ind this piece :^ put of the sleeve 
where the l^tud went in and here is the 
black binding round it. The aacquc wsa 
made by Mra, Cynthia Oykemen. All thi* 
heavy thick atuS belonga to her aacque. 
This thin ataff mixed up with it I knew 
nuioiag about. The binding of the sacqne 
and that of the dreaa are of the aama kind 
but th«!y were net got at the aasae time. 
Thia on the d|eas seat 8 eanla a yird, that 
on the aaeque eeet hut 8 osiMto, l3ie 
braid for the seeque was got at Igr. Man- 
son'a. Tho braio for the drsM and the 
dreaa, I bought at Armotlooif t. I sbotild 
know two dresses t^sMl\k|i. and, a 
^ri wii^ Vi^ktl^W^' (SM^4fm'' 
lo^nd on poiUVT ilMFiL Tfm ieops^r 
tb« two dreaees that Wm rteos out m im 



u 



ttRt TMIAL. 



■iatMf** owB ^eMiet.-<-T1iia ff t)M out alie 
kept to put on lh« child when sht woat 
out. This WM • dNM By Bitter btd whan 
mjr father dM. the ehild had no deoent 
dreaa. aoaht tor* up one of her owq to 
make her aoaae. I helped her to rip the 
draaa and make thnae up. This ithe dreta 
tbnnd in the trunk) it tibe other dreaa made 
of the anme material only that o'^e ta fMed 
from lying ntit. What makea mt to poti> 

'■iiv* ia thot I mode thia pig aoao trimnting 
which ia on tho dvoaa foOt.i itt the trtlnk. 
The othar dreaahad what are called rufflea. 
1 helped to make thoae rufllea. Witneaa 
•howadhoWtba *' pig noHe " ta made. 1 
it»n every bii of ttioae flounaea (on the 
dreaa found on the gro«nd) with mjr o<Wn 
lianda. I know my own work. It jw none 
of the heat. I ipide the trtinmjngi for both 
tiioae draaiea liiyaelf. I think' I ah6«ld 
know the chilU'a hair. (Hair ahown). 
That'ajuat aa mueh like ita little bair aa 
if it was (uat now taken off Ita head, only 
it has some dirt in it. Ikho«r it, ]ao often 
combed aiKd waahed that child'* head. I 
had Vhecombng and washing of the child 
all the nhile X atopprd there, and that 
■inkea me an poiitire. X combed Mid drra^ 
aed my aiater't hair roanr a time whiltf atte 
Waa aiek — her front hair, hut Z sever eoaihtd 
hl^r back hair tot ahe waa lyinf in bed. 
(Fragmintt* of embroidery ahownl. This ia 
yart Of a akirt ahe had. It hi colled •«wheel 
work." Tbia underrkirt waa made a year 
and better before my father died, dorah 
Marg:aret Viril did Rework. Witneaa after 
•xaminf tho maaa of ahreda and fragments 
a«leote4 the piecea of thia nnderakirt and 
aaid» there art {bur piecea of thia skirt. 
Mra. Olivo drew the pattern for her. I 
gave hta the miteriala and ahe came to me 
a6 ahe had each breadth worked to get 
more materiala. The cotton for ooabroidery 
ia net tho ordtaory earring ostton^ The 
work ta not Wan done ; it ia the firat aha 
did. It ia ""try poorly done ; X aeen her 
H^brk tt At my houae. The wtinesa des» 
eribrd the peculiar manner ia which her 
aiati'r did the work. She trat h*d the 
patteri^ drown; then she traced it with 
t!ircad. ifhii would draw it together, and 
when 4he eol out th^ holea there would 
not be ao many holea aa w^re in the pat- 
firn. |he did her'a alwoya- by tracing, and 
Mia. 0|fre did .her*a without tracing. Wit- 
new here deaoribed the difference between 
wheel and ooaipaaa work. / itother |/ieoe 
ojf embroidery aeleotod. TKi* k a piece of 
her dnwora bottom. Thia she wo^'ked her* 
Miralooftoma w ifc i n given her by Mra. 

jIHtb. tWi, olMi rii« had «» tNMe with 



rubbing oat the ortgtnaV pattern. W t- 
nesa a^ain explained tn the Judge why, in 
ftonaeq'jenee of traein|{ the pattern with 
tbrei^d the hole* m<]»t lomtftqaea be few. 
er than in the pattern. (Skirt foand in 
trunk ahown). Withput anythinif fur- 
ther, I could a wear to that ^tring* th^ 
way It is sewed on, and there ia tho color 

00 it tronn har blue dreaa. Tbeio ia one 
row of crochet insenian all the wa|t roand» 
and there are two in front. I a#o«r poai. 
tively that ia Sarah Marg&ret VaiL't draas. 
She worheAit wmvhouae^ and many and 
many'a the time Mr. M«anroo had that 
workia hie hsnJa, and said bow nice it 
wouhhiook when made up. aa often •;• he 
had fingcm and f^ea. I made t*uc up 
■lysolf and) wore it once myvif when 
going to eee Mr. Mnnroe at ); i fHtbei^s. 
Thia pattern ahe got from Mra. € Uto, alao; 
it ia called a ahawl pattern, a eaahmare 
pattern, althoagk Mra. OUvO^a hvW not the 
whole of the pattern, fbr her skiM waa too 
long, ahehad the top of tho pattetn cutoff. 
(Blue dresa found in trunk ahown>. I'm 
poaitive aa I hnow I'm aitUag hero that 
that i« her dreaa made by Bfra. Dykeman, 
'Oferletoa. I haoght that dreaa with money 
Mr. Jbhn A. Munroe pave her in my yre- 
aenoe. Hega'reherai^bill. laavett.20 
fl»r the pattern tUf the droaa at Mr. Arm- 
atvong'a. There were elsvea buttone ia 
fh>nt only fhre of them are left. (An- 
tfther gamwnt produced V. I can awear that 
iethenttle ehild'a chemise^ 1 made apre- 
•lentofit to the Child and out it Mit myeelf. 

1 know the crochet work the mother pnt in 
it. (Orawaia ahown). laaaaT year to them 
poaltiiroly bf thelthemg ripped open, there 
la aonwthing else 1 know alao. thoae two hut- 
tona> and alao the eroehet wo(% wtiioh i^ 
the aame pattern^ aa waa m the ehi|d*aehe* 
miae« They are ripped up in the fhmt in 
the very plape where 1 aOw her lipit myeelf. 
1 Want Bothiaf more than I have aMn thia 
evening to kaow that thoae are tho remains 
ol aBypoormardere^oistOT. Wlineae dea- 
oribed a ohihPft petiMoat ol anMeaehed cot- 
ton the iaaM aa Om hoodBfl»aad tho crochet 
work aronnd the bottom . This waa looked 
fbrandfouad. WHneaa aaid—TMa ia the 

Kicoat, I know my own aewiag in it ; I 
w aleo the t ^mainaof a atiaw hat iHiieh I 
Sot dyed and trib>med for her. (Remainaof 
at shown). Thit li part of the hatlgot 
dyed and trimmed forii>'abt»r by Mra. Jane 
OampbeU . She had a white hat dad I got <it 
dyed. There la the aame atraw, the aame 
black Mk Ukiaion, the aaom narrow black 
ganoe ribhwi Md black onpe flowwi. 
Ilioae s^iojtwl thi* aame. I Mm aoaai V>f 
""•V loatbt att»»«i#a tliae f*"*- 



M'lfvand 

Tirethoi 

Majr.. 1 

bell'a. 

flowera 

the flow 

Themaoi 

comparli 

it waa ad 

pliotogft 

and whe 

shown hi 

«ny broth 

the liken 

aunt Mar 

^t aister 

When t 

half a i 

end Mr*; 

of mine: 

sister whi 

hung froi 

Fredericti 

A. Monro 

<avc it tc 

had teryi 

nothing ol 

Bister kav< 

eince the 

sister mad 

thing aboi 

not on go( 

1 know wt 

ceaacd, it 

died. Tf 

drawers, tx 

me long b 

Munroe a 

«bout six 

pother pret 

Olive foui 

There is th 

ou ttiebat 

is tlte piet 

her wal»t- 

Manaon's 

same on , 

that about 

house. It 

wbea I boi 

i«r'» the c 

■(pper teeti 

It waa thre 

us teetb. 

in the lowe 

tiien the o 

uioittbaold 

l«3Ctll. It ' 

moQtha old 
liad a little 
ilnced is Ui< 
•' lip in I 
M\«i playlDi 



* *"^ff^^^WF*^BB^ J 



irhy, in 
•rit with 

be few* 
fowkd ia 
Aug fur- 
ixvan, th<! 
tM color 
• it one 

iV» dNta. 
naiiy md 
luid that 
w nice it 
ttn »« 'a« 

t!uc np 
.^if when 
i fflttiei^Bt 
llt«, alto; 

cmhm«r» 
\M nM 1lh» 
M WM too 
itm out off. 

[ IMN that 

rith BMMjr 
A my fft- 

MTOtl.SO 

Mr. Arti- 
buttons in 
«ft. (An- 
■wmr th«t 
lade opw- 

Mit M^Mlf. 

)tlMvr**in 
MirtotlMm 
op*ii,tlMre 

[ irtiioh 14 
shi}d*» cb«. 
i« front in 
it mjoolf. 
. iMii t&ii 
itoremoini 

jghed oet- 

Itkotroolkot 

>mn looked 

Ml ii the 

- i«5l 

jtt wfaieh I 

[keMoiwi of 

httlgot 

MM. Jone 

id I got^t 

tho i*me 

ttloek 

io«tr4. 

•ottiVrf 



M(^,mi wo|o«^»y fiwa hot* '4jm 



May,, I boufht Aino olao io |fr*, OfMop- 
belles. Witnoat produced her own crap* 
flowera sad the |«iry oooipored them with 
the Aoweta folind on tho ground. Kr. 
Themaon again objected to thia evidence by 
oom|MUiaoh« The lodge o^gain decided that 
it was admiaaoble, Witneaanext deAcribed 
ptiotog^pba which ahe knew her •iator h«d, 
and when iboae found in the trunk were 
shown her, ahf aat4«>-Thia ia the likeneaa of 
my brother who ia in Blinoefota. Theaeare 
the likeneaaea of unale DaVid Nick<^ri«on and 
aunt Uorgaret Niok|(rBon,my fothei^a youpg- 
?«t aiater now to Canada. Thiaia myown. 
When t had this talcsn my aii»ter alap got 
half a doaen photographa of heraclf. 
and Mr. Miinroe tooi; fe«irofth«nnaod one, 
of mine. Re alao (rot an ambrotype olTioy' 
tiater which he wore in tho focket he had 
hung from hia wa*eh when he went to 
Frederioton. Thia ia the likeneaa .of John 
A.Monroe. I knew ahe had thia for be 
cave it tohce in my preeenOej The child 
had tery anall tiera when I left. 1 know 
nothing of anj pink tvera. 1 never mi w my 
aietser bave oox money . It'a over two yeOra 
since the dMfereooe occurred between ray 
stater <and Mra. Olive, IdonH know anjr- 
thing about their falling out. for 1 waa 
not on good torma with ' Mra Olijre myarlf. 
1 know when my aiater's viaitn to Mra. Olite 
ceaaed, it waa two montha before my father 
died. The work on the nndcr»kiri and 
draw***, of which >he fragmenta were ebo wn 
me long before tk a. waa done afier Mr. 
Munroe and my aiater became acquainted, 
about aix luontha. They wore going to- 
{^ether pretty nearly two yenre before Mra. 
Otive found it out. (t(ibbon thown). 
There ia the narrow gauca ribbon that waa 
ou the htX, [Waiat ribbon abown.] That 
is the piece of ribbon dho wore round 
hor waiot— I bousUt that at Mr. Jamea 
Manaon's myaelt; I bavo sumeoftbo 
same on my own baoquinu. I bought 
that about a week before I left my sister's 
house. It wuH the jast week ir J«ne 
vvboa I bouRhl it. When I left my aia- 
ttif'a the child bod fbur lower and four 
upper teeth— tbiH waa the 2i)d of iuguat. 
It was three months old when it tirstowi 
Its teeth. It hud two como through first 
in the lower jaw, then two in the upper, 
then the other four oama. It wan live 
uioitthaold pretty near when it bad these 
toctb. It waa within two days of six 
months old when laat I aaw iU My sister 
had a little scent bottle : this new pro- 
duced ia the oaine. My little airi picked 
it lip in Dr. Uardlng'a yard whan she 
^^\is playing there, and Sarah Maffpu^t 



[ObUdraaook* proqn^Mi}.] I navarsaw 
any <>r tbaaa. iSMr net uiowa.j I oro- 
chete4 that wlw- n|y owa baooaout ot 
blaeik eommoa thread, and t gave it to 
Sarah Manmret. I orooheted another for 
mTseU^ [veil shown.] I know nothing' 
of that. [Ohild'a hat ahown.) I know 
nothing of ttut>-the ohild hadonly a lit- 
tle hood when I left it. [Child'n sooque 
ebown.] 1 never aaw that. [Woman's 
Btockinara /(hown ] I know nothing of 
that, [vyooum'a nnderaklrt fhown.j I 
know that ; it ia tlie same a« that I f^ve 
tlie baby. [Ring l>oz with hair ahown.] 
That ia nay ihtber'a hair, and tiiat ia the 
box which contained a anger ring John 
Munree gave my aiiater. and for which 
he aaid he paid |4. [Other nnderakirta,. 
buttons, eto., shown, which the witnesa 
said ahe liad never seen to her know- 
ledge. Ohild'a akirt produoed.] That 
iielonga to the ohild of my sUUer, Mrs. 
Oli«e ; froaa this the pattern of the sklra 
of Sarah l|argaret was drawn ; worked^ , 
on the pattern of thbk it would not hava^-t 
the same number of noles. 

Mr. Thomson objected to thia evidence, 
and the witness stating tbat slie did noi 
aee the pattern drawn the evidenoo war 
exolnded. ,. 

I last saw tlie trnss on the child on th<l " 
Snnday befbre I left mv sister's. It waa 
on continnonsly flrom the time I tnade it 
ttntll I left the house atid then I left it oe. 

Or0U exMUHcd by Mr. T%HHwn : 

I never l>efore waa called upon to re^ 
eognixe clothes Chat had so long been exr ,1 
pused to the weather. I did not pan with 
my sister in ill temper. She turned me 
out, but the dispute was the day before, 
and we spoke when we parted. I never 
fuiid I dia not care what became of my 
sister after that. My little girl bad not 
the samo chance of seeing vi^bot was Koing 
on as T had, as she was at school, i f'ir«t„ 
knew Munroe waa a marriefl than aboni' 
two weeks after no began to oome to thr;' 
house; I told my sinter. Although f ■ ^ 
wtks examined twice before, I didnot say 
that Muuroe wanted my slater to so witii 
mo to Halifhx ; I wa» never asked about^i 
it. Ue proposed tbat she Should go witb 
me in order that he could visit hhr unbe-, ';' 
known to his wife. He did not seem ' 
to care muoli whether sh'^ went with me 
or with' bim, as long as k answered his 
purpose. I wonid not object, if she 
wished to go with met but she would notcn 
consent to go, and I said noUiing. U4 
bad such inftnence with her be oould gee 
her to do any tbins he pleased. He waa 
then working at Mr. Clark's honae, and 
she wottkl iMVe better epportnaitiae oi 
aeeing bIm there and sbe would not go 
away. I saw a great deal of «iai}roid6ry 



[T 



»yll 



fn 
bnt I i|«Ttr Mw Miv llk^ Hito belNv. 
ThptiMnda mtjr lMr« it, \m% I n«nrer ^aw 
any. [BMrt pitxIi^tMd 1^ Mr. Thoroson.l 
Thirt la tb« aamepattam, batlat^r ; that 
doaa*Dat My It waa Sarah Margaret'a. I 
did not aay it was this pattern waaab 
rar«, bnt the large ahawl pattern which 
Mrs. Olive got from my annt, who 
bronght it m>m CanadiL You can't 
arfrueitieontof that; I'll aay a« leald 
before, that I never saw on any man, 
woman or Child any embroidery lilce 
that wheel pattern, althonah it may be 
very common. That you snowed me la 
not* the same aa Sarah Maivaret'f, after 
till, aa it ia mufeh better worked than here 
wai. Looking at the akirt prodaced by 
Mr. Thomaon, she said: This was not 
done h^rd— thia was imported ; it is made 
of verjr dlfl!ftrent materials. You see, 
she «Md, when ftirther interrogated by 
the AttonMQT General, that thin waa im- 
ported, and thia (one of the fl«ffmenta) 
waa done here by a poor iKnorant fj^irra 
haftd. Thia (the imported one, at ahe 
called it,) waa never worked by any 
lady*a band in St. John or Carleton. 

J^t-CMNNiaiMl fty dtUnt^ O0i0ralj 
My little daughter went to school to 
Mlaa Whipplaa. She went at nine o'clock 
in (be nionainib returned at one, then 
went back and remained often pntil 
nightikll. More than tUat, she was often 
nm allowed into the house to i^<ee any- 
thing. 

The Goartthen adjourned till 10 o'clock 
Tuaaday morning. 



TuiSDAT, Deo. 14. 

' Bmv Lam, flitherortwo of the colored 
girls, of the berrying party, waa one of thoae 
who went on the Monday after the remainii 
war* fband,wiih Douglaa aodotborfl, and 
wigfi abowD by Brandy and his compaQions 
the place when the skull &o. lay. 

iOBw coNLnr. or oonnollt, 

Lives on the Black Rirer Road, near his 
brother Heo>y*a,and was at home generally 
in the montha of October and November, 
lb68. His mother lires with him ; fio aaw 
no atranga woman and child at that time 
at hia booaa, or in the aettlement ; narer 
heard of any aaoh woman and child ; knew 
bUo Mra. Clwka Mid child, or Miss Vail. 

To Ml. Tamisoiii^^IageneroUyathome; 
thinks be waa at bom's on that Hallow e'en, 
beeanse he neVer eomefl to town cii that day; 

{(oneraUy doea Ma marketing before H al- 
ow e'ien. because that ia not much of a 
muHltotd^j 
li^To Amaasn Gmhsrav—Wu geoeraHy 



•t ham tliltailf tnMM ii o«l Anr, vliMi 
be ea«a to M. MB* lf<t»»eaflB«lnto&. 



ira cMn« w oi. wan* xvvwr oune imp os. 

John OB 4 8HHki4ity and aUiyed orar Sun- 
day. 

iAMBioAiNirr. 

I live on the Black Rirer Road, about 
three miles (lom Bonker'a. Some call it 
Gamett*a Settlem^t, aprae Bloonudxiijr. 
I suppose I must have been home In toe 
fall of 1808, biit 1 am not sure. Tboioaa 
Stewart lives next me towards BunW'f. 
I never heard tell of a Mra. Clj^ke who 
bad a child, or of * Mim Vail and nore 
heard tell (.1* ipoh penioits being bnmgh 
in from the aatUeiiMnt. Was at th^ place 
where the remaina were found on Uie i^y 
they weratahcn away. ^ 

Crost-eramimtd by Mr. Thovmvn, 
t cannot reoollaot . anything I did on 
October aiatt 1869. I recolmt nothing 
to distinguish it from any oth«r 6iy thai 
Vail, ana can not rightW tell whettMr I 
was home that day or nof. 

BRIDOBT OOMUM OB OBBBOUT, 

a verv old woflMm, hesltaled to awear, and 
pleaded hard with the erier not to be cooh 
pelled to take the book, asaariiix bim ahe 
bad notlung to tell, that ahe waa a **poor 
onld omythor who never stirred fromthe 
door, and that she knew nothing." At 
length ahe rclootantly gelded. She said 
she had lived a Imig time in Bloomsbury 
or the Black River RMd, with her aoa John. 
She doea not remember hiat ftU. When 
asked if ahe was at home then, shA under- 
stood that home meant "Ireland," and her 
answera worerather amnainji;. At laat being 
mode to underatand the oueation, ahe ntated 
that she waa at home unless when ahe came 
in to St. John, to make marketing with 
the boys. Never saw any strange wmnan 
and child in her house. Never hsttrd of 
any such woman in the place. Never 
knew a Mra. Clarke and cliQdoraMbs 
Vail. 
Ci'098 -examined by Mr. Thomaon. 

I don't recidleot much about last fall. I 
hardly remember one day from another, 
only 1 mind my little work that ia all. My 
Mtm'a wile who Urea near me is a yovflg 
woman. 

BOIUCB BUmUER. 

I liveat Loeh LeBM»id,and keep the Ben 
Lomond l]bQHe,naaally known aa Bunkera*. 
I waa at the i^aoe where the remains were 
found at the aame time the Coroner was 
there. Thay tnake the distance about 
three quarters of a mile. The roualns 
were ntil remived befbre I went. Mr. 
Powen then removed the remuna. I wa<i 



ntoBfe. 
arBan- 



, about 
lOaUit 
tiibanr. 
linibe 
rboiiMMi 
nker>. 
(6 irbo 

>ronj|h 
MP woe 



did on 




DOtbing 
lettMr I 



^ 



r, 

be eooH 
himfdie 
ft •♦poor 
fromthe 

»' At 
ftid 
onmbary 
oa John. 

When 
ittnder> 
and her 
uitbelnff 
lentated 
nheoane 
ing with 
B woman 
beunlof 

Notet 
ir a Mbs 

ion. 

fall. I 
another, 
all. My 
a yonng 



• the Ben 

punkerK*. 

Ilna were 

l>ner woa 

about 

roianl ns 

W Mr. 



BMt'JT iMn MW tNM VM HMnp akML ' S 
waaftolathoiM oil eitfMro§BtiiotthiO«> 
tober, IMS, wbm a «Meh, a liiiin. il 
man and child "^tiM to nt hotow. I Was 
awar at my Hum Unm the Uke. My 
ne|ibew, George Bauker^ iMI in ebarge 
of ^ houne at the time. 
(fratt-examined by Mr. T/uh^m, 

I beard the ooaieb WW out* Jl do not 
roaembeo whether tbii* were heavy vaina 
that week. I oanaot teil what is the dia> 
toBoe between the ^lack ilivfr Aod the 
Qaaoo Buod. The distanee troin my hoaae 
to th« place where tlia renwins wei;*^ found 
i<t said to be about three quarteia of a nile. 
A gantleman who va* out at ny bonee a^id 
lie walked the diaianoe in miaen and a 
halfminutoa. 1 don't tnow whetbnr that 
wan very smart waljdng. That road ia 
seldom very wet. It . ia rather a dry road. 

I lira in 8t. Jchn* I know tka Black 
RivtvB«iad. I waa out there laat Apnl at 
a hueral. Mv brother, (ihMiq(e, aiid aty 
siftein wore with me. I 4i>n't know ex> 
RCtly the plans wbeie the rpoBUN ware 
fuuod} but I know pretty near, ne drove 
paat It about lour or five o'clock in* the 
uriemoon . We perceived a vory had Bmell. 
This was between GoUins' and Bunkera', 
belore we oaine to the forks of the road. 
The day was fiigjsy and the wind blow 
from that side ot the road. It vras a 
dreadful smell. I never fell anything liko 
it before. The hoTMa abiod bat t oan not 
tell wliether it was the amell caused them 
to do so. 1 ean not denrlbe the saMU at 
aU. 

OroM-exatnined b^ dfr. TVwmaon* 

This was in the last days of April. We 
were at a funeral ; I was along the road 
since in August, and foand no snioll then. 
I don't know exnbtly the spot Where the 
remains wore found. 

AJ;.UK BJNO. M. D., 

Proved that William Lake, of th« Onion 
Hotel is very ill of ohrunio rkenmatism, 
and unable to leave his bed. 

The Attornbt (iBfaaii. then moved that 
the deposition of Mr. 4yi^ke be put in evi- 
denoe. After oonsttlti'^g the Ant of As- 
sembly, Mr. TuoxBOX biMi to admit that all 
the rei|uireni«nts ut the Aet were oomplied 
with, and that the evidenoe, if pressed, 
innat be iulmitted* Ueantiineanotnerwit' 
new waa called. 

svLvasna iaru, w. n. 

f ama pbysioian, and Ooroner for thf 



ywur, btft mituikmfulnfiM^. Iwadtoot 
on SepltlQiber ntk,% tbt >laM on the 
Btaek Hirer rand whar^ Ih4 remains wera 
fonnd. Mr. 0. Armstrong, qf tb« f7/b6e, 
was with mo ; I sent Powers, the consta- 
ble, before me. The pbuje is. I think, a 
2uarter of a mile fhmi the forks. I fbcTnd 
ialvin Powers and William 0^4X1*" *^^ 
Bunker's. Thcv drove ahead. fuMPoug- 
las showed us where the remains lay. We 
found the skull lying on its base ; a por- 
tion of the neUis, with thigh bdne attaolk- 
ed, some riba, vertebrte.' The skull wna 
eighf or ten feot fh)m the rook In a North 
East direotion on the Quaco roiid, by the 
side or the Hat rook. Too ribs were nearer 
to the rook, more to the side of it.' The 
hair was lying nearer the rode tn^ the 
skull was, abonttwo at three Aet from It, 
as nehr a^ I oonld j udgo. It waa all Visible 
then. We found portion^ of a, woban*8 
dresH and child's dress. These witness de- 
scribed as they were so oflan desoribed by 
other witnesMs. I saw some bmsh.appan 
lently ootof some rtpnioe trees, and otner 
stuff like sBtall trted Wbleb bM died on the 
barrens for whiit c^ nntriment, and with- 
ered away. Tbe trees about were 
spruce, and seveml kinds; the growth 
between the rodk and tbe Bhiok Biveir road 
was prect,> thick. Too oonid not see the 
ruod immediately oppa«ite at all ; we could 
not see our hutses. I waa out there at dif- 
ferent times, hnd tried whether I could 
see the road. By Standing on the rock I 
was able to toe a boggy when it was about 
sixty rods on towirdu f X)llins'. The cover 
was dp. and I could s^ the top. Saw that 
the brush was out from the sdrrounding 
trees; searohed and found tho trees from 
which th^y were cut, and matched them. 
I had tbe pieces that lAntohed tM brush, 
and had the oorrespoAdinff pieces cut from 
the bddy of the trees ; 1 ola this because I 
thougnt those pieces were cut off to cover 
the remains. The foliage was off thii 
brush just as it is now ; I fitted those pieces 
(Some of the pieces were shown to fit.) The 
brutih appeared to have been out some tinie, 
and haa lain all summer evidently. The 
pieces remaining on the body of the 
tree Were much more fresh than the pieoen 
on the ground. Some moss— a good de;\l— 
also covered tbe remains^ The collar bjn*j 
we fbuod under the mosf a foot down, or 
nine inches at least. I think tht£t the body 
lay near the rook. The collar bone I think 
was taken op the sdCtmd time : the bones 
h^ certainly been dlstarbad by animals, 
aiid had Men Vety niaeh eaten. Nearly 



V 



TIMWMf 




tb« nw^pa hml l»h Ui«N during ih« wj^q* 
ter lUMi aimiiMr. Mj ImgpMsMkort wnA that 
it tMui trom the RmI l»ebin. It iruuid df- 
p«id entir«ly on th« lort oi we«ther it ww^ 
wbon deoompoaillon mjigbt Mt In. Iftbe 
>>'>dy WM tbtre on Nor. l*t, It may be that 
'naoeltipn would aet in in » few dnye ; 
uAtftk Vf9 Do4y beoftine flrocon decpoptuni- 
tion VQuId atop ; it would g«> on in Spring 
when the enow tniiwed off. I tbouglU the 
remaine were tlpose of a female. I judged 
from the dotfiingt end I thought the akuU 
had the appearance of a female vkull. . Tin 
remains were broui^ht in by Galvin Powen, 
and haVa iiinqe been in my poeeeeHion. I 
went oni thvre aereral times. I don't 
know e^notJi who went with me the mo- 
coad tiqai. The, Chief of Palrce and Wot- 
den went out with me onoe in a douUe 
waggon. Wordentheooaohman— tbeper- 
son wjpp gave evidence here— sat in the 
back s^et. t did not ooint out to him the 
plftoe wbero the remaina were found. He 
did« without any >roid Srom me. point out 
the place when .we goli to it. Be got no 
intimation from me, and I. did not see hfm 
get any from any one. Eh pointed out the 
phioe on the Blaok lUver Itoad very nearly 
opposite where the remains lay. It was 
on this side. It was not a rood from the 
place, in a direct line in from the road. It 
had rained the day before, There was a 
rot on the road that had water in it, also 
a place where some earth bad been remov< 
ed. 'i'his was directly opposite the place 

? Dinted ont by Worden. [Skull shown.] 
bhi is the skull, when first I saw it it was 
partly filled with decomposed brain matter, 
smelling badly, and eoveredpartly with tisr 
cide. I tried te see the road nrom the rook. 
My horses were standing on the road and 1 
was afraid to let them sutnd. I could not 
see them from Uie rock iapr untfil I got 
quite elof*e to the roa4. The pathway 
'Nvos very little beaten when first wo wient 
out. [Flan shown.] Standing just down 
from the roek towards the Slack Kiver 
Ho&j you could not see the rood at au. 
You had to come down this way by the 
path. There [a spot on the road towardla 
Collins*] is the place where I saw the top 
ottho buggy. Stepping down from tm 
ruck towards the road a i little you 
could not see the road at all. I ab npt 
know whether you cookt see the roa4 fnr 
further on. When first I saw the skull there 
vfM no hole showing because it was covered 
with the tiaKW(brkaiidb|Mk,.4«x|^^l. 



.■9»P 



m&T 



Christ^. X}M h^ to plaan U. . Ue 

it, 7h^%^¥iJ<'^F^L'^^^inpM. 
1 iiftftfe it waa M% by^ RUttel buDet. U 
thatyeinttlw^uUM tanrd. PkM«in^ In 
tiMlte a bullet woald oui off the lueningiti 
artery, a hrn branch, and the result 
would be 1 Inlttk, almost If not instanta- 
neooaikwth. ' If Mr MVion did not die 
fruM thrsheok she most thMn hemorrhaM 
very qifiekly. lllun't ^tnk it poaslMo she 
could have lfi«4 a moment, although «h» 
might have. I think that from hUoH a 
wouad tMu« woaM boTery little exteihml 
bleedfai|. A pMbl bullet entering in thai 
phwe, 11 fired alone, may beooipe spent aad 
remain in tlkalMkin. There is quite a ridge 
in %hi skttU Wh«re «he bulM piiMed. Tlthi 
is harder Uian tha Nvta»g skail, is Mora 
hvltlle and wonM hraak inuoh morfi easily. 
(Remains eyMnif»sd by witness aafJ reoog- 
nieedl. The portbns of the pelvis still 
rebaniini avsTery sumUI^, and are elftl »i- 
toMied to pakefth« thigh bone. The vw> 
tebaaiAe. IBisaalnyof ehild'sskullshowii] 
This was haadad *to ma by Mr. M«reb 
during thf ki%west« ThktiHa portion of 
theseodnffvertahea ofaaadalt. Jodgtog 
fionrihesknU I think that the child wa» 
yoong. Thefa (showing an opening in tli* 
skull] IS the anterior fontanel, showing 
it must be a very young child, I think lean 
than a year old. Waman's bair shown]. 
This hi the same we brought in, it is now 
oiorei<M)en. Soma of mi bruids are open 
and It looks aa if a pleee had been cot off, 
Thia Is tba child's baadage; ) myseU db- 
oovaredthe lead In it» otrvered with entton 
on the inside. I knew that the child had 
umbilical Im iin i a t h at is rnptnre of the 
navel, jiaeogiysad thactotbea as the aaasa 
be had caused to ha brought in i^o^ that 
plaoa near the jplaok |tivor Road. They 
bava been ^ mypoaaesabn since t|ierr were 
taken from the Uoad House.' [Child's hair 
i*hownJ. Portions of this I s^w got, and 
portions were brought fh to me. 1 wna 
Kl«y present whcto-^tha ribs of this ekfld 
weNilbntid; Ireeeltad from Opt. Ghii** 
holm a trunk and to eontents. 1 was pre>' 
sent #hen Capt. OMsholm opened it ami 
toakaninventoryof'^he eontents. Thesa 
a re the same. They have been in my peit- 
8e<«sion sinM. The various articles iw they 
WOPS branghtte flrom the grourd wwa put 
together. 1 sea an the fhmtal bone of the 
onyd'askall the mark of a wound or irOi»v, 
it must have been so when 1 got it, m> 
fiough 1 did not see it al firet. It ontera 






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,'• nM>tor. 1 

Iwtlwr it to •ppw <w 

lowtr, Am or wiond. Judfliif Atom Ibo 



opptMrneeof tHo loetb, I SboittM wgr ilio 
child WM rery tomig. It hu no eotmel 
and no root*. It wti Mfrer eat. Itbfory 
delloRta. 1 «liofAd*ttt iur tb« olilld wm a 
ymrold. It miuA faivo dmo a very young 
iliild. 

I know the priaonar at tbo bar, I liava 
known him for ofor two yaara. In Saptami 
tior, I think on tha Slat, ha cama to my 
plaoa in tha afternoon ' ' te ay oOoa on 
llntoa IkMal. WiUiam Boop waa with 
him. It was about 4 o'olaek. 

To Vr, Tkonuon^kt that timo the In 
qaeaiwas sittlnf. It had been acyuomea. 

Mr. 'Hionaon omaoted that any atata- 
mant than made to tha Coroner waa not ad- 
luimiblo nnlaaa ha had gi,vmi the priponer a 
warning, aa witnaia waa VMn a peiaoa in 
autiwrHw. I 

Mr, TteA^^Did yon aaynqythlng to Mnn* 
Toebelwe heaadahtoaiateuieot. 

WUnet*^! did not miy anything te hUn, 
I gave him no tMming at ali. 

AUu. OtH.-^l BVoposeto ehow by wit- 
neea that ho told Monrde he was not in hie 
eustody or under hhi control. 

BxtmiitMlimL runm ed He. or Mr. Roop 
for him, iai<i neauppooed I woald be look- 
lag after liim, and he oame to give liimaelf 
up or Worda to tliat aflbet. He did not 
wish any warrant to iann orany fnae to bo 
made abont it. I told biia I waa not pre- 
pared to take him. Then he midi oome 
in and 1*11 ten yon the whole atory. Thmga 
are lookihg Maok ajnlnat me. This waa 
in the iVont ofiBae. Tben h^ walked into 
the inner 9%» aihead of me. I asked Kiiup 
to oome ii;!. He declined. I then went in. 
I returned te tlm front ofioe and again 
asked Bgop to oome in, and he said *' Ho 
damn it I don't want to hear it." That 
was the reply he made. Monroe was nut 
then in my custody. He came of iiis own 
uccurd tlien. He wim not sent (or by me. 
The office was my own private olBoe. 

Mr- Tuck now propoo^ to uflbr the evi- 
dence. 

Mr. Thomeon ol^t fgain on the gronnda 
he had taken in the oaoaoi tlte Chief of Po- 
lice, iosititing timt aa the Coroner waa a 
pernrn eiothed with aatherity. ha ahoold 
nave given the prisoner warning before he 
heard hw statement. In aa maoh aa the 
priaoner can mf nothing la hia own ba- 



aa avidaMa igahul Um nuoM k waa 
shawA the* tha parMl In anthority had 
given tha ptmeoer the amat explicit wnan- 
ing. B e t ween a Maglatfata> and the iJor> 
oner thore w«a no diiiteriet at the thna 
and it mattered not whether the prisoner 
was arrested or voKintarily went to ear- 
render hiidself, nor did it matter that tha 
Cor6aer did not ehooie to take him into 
custody at the time. Be waaa penon In . 
authority: ha was holding an Inquest in 
thto oase ai the time, and nnieea witneas 
showed that ha gave the prisoner an oipU- 
cit warning tha evidenee waa inadmiMtbto. 
tie again quoted the ruling of Mr. Jostiaa 
BeUer. 

The Attomuy GenpMri aigoed that whan 
the prisoner made bis statement to tha 
OMef of Polioe he waa in ouatody. but 
when he made hhi statement to the Cor- 
oner he was not under amnt at all. He 
argued further that even if a prisoner 
wheu in Custody voluntarily made a stata- 
ment which ha wa« not led to make of 
any induooiueiitor threat, tbatstatamant 
weald be adatHsihie in evidenoa. 

Tbo Attoniey Qeneral wished to see tha 
in 8nd last's Plaaa of the Crown, 



add asked the Judge to wait while ha 
sent for it. TWaiavinved somedetoy, and 
as it was neatly one o'oloek the Court ud* 
journed tor dinner. 

AFTERNOON. 

The Attorney iPeneral atated that ha 
bad been nnaole to procure the boolc ; 
but he cited Il<iecoe and Qreeniear* ovi- 
denue, Sec* 21d, A free oonfesMlon when 
purely voluntary, aays Kyre Cblef Bar- 
on, is wortliy of^toe nlghest regard, as it 
uiust be held to flow jEruui a ittrong seaste 
of guilt. He oiled various olber deoi- 
sious to show tbiit tlie oonfaeislun of a. 

firiaoner is aclmisaible a* evidence, un- 
esa some induceincut is bold out or 
tbreat iu;ide by a pdrsuu In authority. 
Mr. Tuomson ruitersted blMaruumenU 
Tbe Jud^e again ruled that Uie state- 
inont of a prisoner may be admitted as 
evidence wheu it is purely voluntary ; 
but if it be made to a perMoii in authori- 
ty, althout$h it is not ncuessary to sliow 
that a warning was given, it must be 
abown that no induceoaeut^was held oat 
or threat used befur^ the statement was 
made. In ropl/ to Mr.. Thomson, the 
Judge nirther ststed that he might re- 
serve this point. He would not now say, 
but would consider the matter. 

I did not hold out any induoement to 




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I tiliaot nttMMi my l i iH i i. "mimw^itmm^ ^vM 

all tkBt'took plictf<ii»firtr«»'I reiiMMib*r. 
[iSn Bis Honor.] I «d a^t «f gg him^ 
imriMAny stateiiMiitef^e matter la am 
J aakad Mr« Wm^ Boar to o(>ma te.froni 
thfilk^oat t^tkQ.bMk otSfi9i hir^^pvp 
daoUf)i|)d. I wei^ ito^^hti ba^ik oflOce and 
returned agai^.i^^di^^lMa him ase^und 
timJQ to opme in; b« teijM^, ''Damn i(, 
I d<5»t want to hear tJIJie Story .*V T.^^ 
doGir b^tweeh the pfflbes was left opiBtt. 
Wheh I wehe io to the back odco a^in, 
Mteiroe was M tl)ii$ ehalr 1 ttsnaliy sit in. 
I WiD d6wn ftpob' the tiditoli, i>rdl!«bN 
two feet from him, Meinj^him. He «a1d, 
It fa not Mrs. OlariBe at all— that ia an 
asanmed name; it is « Vail ^rl, ftrom 
Carleton, and her child, that I have ha«i 
so much trouble wiUb; ske ioolt tlie 
name of Mrs. Clarice to mal;;e it appear 
that she wap a wi^ow., ^e was goin>r on 
to Boston or New York with Mr. Feoe- 
ty to gat' som^ things for Mr, Fauety'a 
hQUse. Sh^ yranted to go wi^h bl^n to 
Boitoni to see sothe tpan who aifje said 
wlafbed to marry her. I thlnl: h\n a "Id 
thW man was ^ palntiir, btit I wit! Hioi 
s{)«Mk eei^ain. U« tri^to )b«nin«rt$<iher 
not to go, bnt sh# would '90; slm wei^ 
with bim. Wben4bey g&k ta Boet vi, s^ie 
stopped at, I tMnk be saJd^lHe Contmer«> 
cial: House, and he and Hr. Fenety ami 



1I« md h» MM <th« «oa«ftiMii to - 
«t<# and ga hade •(»>$nilkair'8«ad llMd 
hia hofaaa rnd gafebla (Mrniar, md 4hayi 
wanld fPtdfcMOii whorawar thay iwem> ' 
eolng. They 0Di opt ofthaaoMh and 
tha eopfi^iaciaa tnr|ied;iMplif the raaaau 
bei did ao^Wwtba|he,4Ml po^t wai»Vt||ij}' 
man— the painter tJD#r0fr;tq^ed him with 
the girl, for fear^e ytaiUo^ptUhe ftjjshe 
tools the child 4hd 'wal|(ea ahead, arid be 
watched h^i- tibtll she i^a^sed CdlMriA' 
i^ad. I said to him, she did not go to 
CdHfiis«, fUrt #as bnt thefe^ iteiilta,V6, 
I WMebt^ her ttirtfl ah^ passed CTolHna'. 

[His Honor is ihotqiiite clear about ad^ 
mJfttiBgevidenas elieited by^uestioninfT. 
Atar explanation by Atfornay Oeneval, 
His Honor allofrs it.} 

Witness: After a tiniQ. she returned 
wi|h the e1;itd, fuid said the folks wei'e 
not at home, and he w6uld have to bring 
her oat aome othef day. ' Tbey' ca^ne 
l>ack to Panket'a, got In th» coacfh and 
catne back to^iOWh 9ha was dissatis- 
fied wHh itAylllg «t -M««. I/irdly'tf, MiA 
wacted to g6 somewhere else! h^toole ' 
iiertotlie>Unlmi Hei^k iMia wanted to 
go out to aaa< ttaia man> acain^ and^ be 
Uipk. iar ooi In a ooaoh as Salore; about 
the same place OH the roadheafcnfipad tha 
ooaoh again* they «;ot oufi, Mid tM ooacb- 



anatber hotei-rl can't spaak ^r certain 
tho name of the house. He ivent; to Ma 
her at this Commercial Houaeon the fol- 
lowing; day ; ha bad to; go ^'roui tliat to 
New York with Mr. Foneij , he M^ent to 
New York, and \»n ber there at the ho^ 
tel. When he returned to Bostdn he 
went to see her again. She waa very 
m«ich dis^)utisfied, and wanted to j^et 
home ; she had not seen tb6 man whdilh 
she had gone on to tie^,, wboni she sup- 
posed would marry hef. ' he told her he 
was not going by the boat, but by rail as 
fat as Portland. When ho got to Port- 
land and went oh the steamer fbr Saint 
Jdfan she was' on board. He saw nothing 
of her, I think he said, un'«il he witi 
oofttihtfin the harbor to 8t; Jc^bn ; com- 
ing np\he hatbor he saw berj, and sh^ 
asked hint" Where she should stop. He 
said be thought at the Brhtiswick ISouse 
— libi^ly's— as that was the handiest 
pliKce fbr her ; she said she was dissatis- 
lied stepping tliretlE;,^fdl>afiethotigfbt Mrs. 
Lordly knew wn6 M^iiras. She i>ald to 
hitn that there wM$. a "pafaon, a jointer 
ii-cth St. Jdhn] out to Lake Lomond, 
yvhiAA she #iahed to hee, and ahe 
watfted hitn to drite' her tint ; she 
she wanted to po in an opeh wagon ; he 
did not eata^ about being aeaa driving 
wiUi 
soil 



sosna Qtbet- persona wiUith«iei.stopped at man drove l^ac^c to Bunji|9ra. She took 



ii«*^J* ^•>^«ft*raihaljf#f his riar 
for taking a coach. H^ drove out 



the child, and walkedaw^ty op the rpad» 
down towards CoUliis'. After a time she 
<»nhe hti(M with the ehlTd and said she 
wasn't eoming irt to St. John again, as 
this folks waref lA home, and tbay Were 
going to.drive lier la On iSundayiavenlng 
or Monday raorj:rfBg< i» ftima for the 
Amafioan beat} ahe wishied him to take 
her bagiiqge dovn to the bo# a|)d g^t it 
^ch«^eq. He .weo^t .down to toe boait on 
Mpnday npornli^qrai^d the bagijip^ was . 
not there » h^ had , enifaged Hotne one to 
bring it; b\it Ithad nbt arrived; when the 
bagMige came.the li^t bell was ringfng; 
be ran down to^hebbat; he thodgnt he 
would not be able to see her; but hj^ saw 
her on thO deck of the boat \ he h*^ .^*>^ 
time to slip the <dieak into her hand, 
shake haiida mdaay good bye.^ That ia- 
al>rat all ha siUd. < > t ii > i 

tfoss ex^ined hy ' j^;: JhmSi^'}^ ^'''''^ * 

I won't awear positively tliat th.»se 
w^e the remaihs oif a female, r had m v 
impression as to the remains I saw this 
nforhlnH* t ' wodld* mt iift(^rtake ' |o 
swear whether thoaia rsciialM laare tha 
retnalBs of a n%ala or Dimatob 

ili—fio you ala* ^fCsr frciHi thO other 
dorotata aa to tha iti|ury wUicb you alf 
leaaappoMa on tliM(ioMia} ahull? A., 
I&l 4htvafsg^^a,riif%»o u»y ^opln- 
ibn as they have to theirs. I would not 



TBVTmJKi 



Bdrty 

w ftdfe 

Hre tho 
Id not 



IMNNllKMd W 
1 IbBIld lMlfei> 



tonntlMr*. 

A|r. CTboinson iriiows w^iiMa oUmw 
imttpiM; witfiflfM comparm tbetn, and 
says thw are the samq kind of lyattana 
»8 W«8« f'^ond. Mr. TlionsQu shows 
otBW bair; witness compares the hair 
produced with hair found, says, I thinic 
the hair fhund is the darkest. [Jary ex- 
amines hair.l > •? 

Witness: I think I hAV« siv«n a Afr 
stateniMit of what was said to me t^ the 
pri«oB«r. I did not make a msfraoran- 
dum. I don't reoolleot of prisoiwr stat- 
ing Oiat a warrant had issuad asainst his 
brotbei% and Im liad cotaotdKlve himself 

IV^' iM}^M:P*^^^^ ^'^ arrested, thouffh, 
the nw»t before. f « » 

TdHls tlonor: I went out with Wel- 
ton to show him the srounds ; it was be- 
fore th^ Conrt open«d ; I showed hiro the 
plasjB Where tLe remainii were Ibohd ; be 
m«J» »»«Mnwroent» in my presence. 

Tttei AttoRMy Genetwl ooiielud«9 to 
oa»f Wai. iMke's depoaittons taken b*^ 
foB» the Pslioe Magistrate in evidenotk 
[H«M(Ml to Clerk to read.] 

Mr, Tbonieon ol^ecta to flie eridence 
*?:^<>' oe»ng legal evidenoe ; not that all 
thd ffM'nialiUes bad not keen gone 

..^'?li!l*'? *^ taking, but there are parts 
ot ft Whioh, if the party were in the wit- 
ness, bo», would be excluded. He ar- 
gued that it was not comp^eiit for the 
Judge or counsel to read over the d^p(S- 
sition on the trial, and erase What is not 
evidence and retain tb|»resL If one part 

nullity."*'**^**^*' «^« .^*W UWSW « 

Hi^ Honor thinktiir^ 6vfd^1ice be 
not Important, it had better not be 
otftrieJd. 

Thb Attorney General submits to Uli 
Honor's rutin}.'. 

The Attorney General pr^dnoed the 
rauielaiie certitleato of the prisoner. 

Mr. Thomson objects to the mairriage 
cer^i^oate as eviffonoe, ineomaoh ts it 
w^ n(ot properly oerUOed by the CUerk 
of th^ J^eaee. 

.^eotion hold good. 

lie AUorney General stated that thiii 
closes the prosecution. 

Mr. Thomson said thtit.fict htrtAft been 
iafbniled by the pnaeoutiifi oflkieM when 
«ihe Mme for the Urowh ildQl^d <i;3om, he did 
not know whether Mm few # ira ^ toM W&te 
in attemdnnoe. Hpwenlf. amer xii»kinx 
th*te#obs<Hrvftti6ns^ he todw itttcAMed to 
to make to the jury, he would ca{l 
those who ^ay be ptcMtit. ^ 

Mr. 'JIlmiuoB tfaim tppinied fh* deftnce 




knew a cftie in kit h ^ «zxeriehcd, in vj^^h 
the Ik.-yers c6ndaei^Dg 'Kh0. prpsecntion 
had^sbdwn — he was going to a^y ftucb 
ieroeity, but he WQuldl hot— 1)6 W6a1^,j 
say ftudh % desire V) seoiiN a ponvio-' 
tion. ItWas the ilr8t tin^ (nat he «ver 
saw evetyt^ihg that couM poasibly tell 
against the priitoiier jii^tss^d With Btxoh ea- 
semeeft ahd deterhiiUatlon, aad h» kpp3d' , 
n woald beiHe la^ whU6 the taw remains 
as it Ss. 1%e fight is not, Ikir, as tbeijiw 
now stamrs. On thib ' he wouui , ponui*!^,. 
at m-^re lenfl^b at the closd, bul'he would " 
remitrk thai while c^ty mtui» woman ana. t 
ishild inihe countrv^ay now be called a» V- 
witniBttiiAajpitnatTnepn^ner, the priflonr/ ^ 



er bikiitolf ^ 
foot, and oobI(| 



by 







li^ bQui^di band #n4L ' 

dMce thfttrconaUI ^jranjr pOMi "' 
ced in WW j^nt in. W.1«a th 
of Lake wttr* offered iii e^; 
edto th^ meiffai^MlM 
General not to tiikc i , 
anApu^ in eridMloe ti^ that Ikit^d, -.J^.^J-, 
must bear so i^t0ii8|ilv on Ike pifUonf*,; pM 
he tfa'^aght it im wTtKd!t4^ftn ; bilt itOT^,;^ 
when an Other 'efTidehd6 itM exhfti^ted. ' 
then tliis was again pleased. No ojnstdi 
eration was shown to the nrisoneiv^no i«» 
gurd for Ms f ighU % luid 11 ^as tK^y wne») . 
be took anotW oi)i,e(^n., , and the A.ttor « •: 
ney General |l)fMaai^ a^d jtltal if thi» eft* 
dence were (Nit ifk U wcK^d injkre his ease, 
that it was at lengjth witpdr^wn . It wan 
the duty of the Attorney Oeneral, as uiuch 
as ot the Judge and Joiy. to endeivor not 
only that the iniiUy ahouid 1^ pup^l^di 
but alsothat Jhfi. jnnopent man akouM Pfi 
cape. Xet, whenike Mked (or ose4)<;t^9M. 
.skirts, to snow i^to th^frieQife pf tMjpwiHj 
soner« in order that thtyr may be iMe ^ ^ 
ascertain whether the pattern, was so p^o«p 
liar as S0194 of the witpiesses atated, th^ 
Attorney General refused to let bin> have 
it, and it wafonlyonanfppHwitipkitathe 
'Ooiurt,that hsnbkiined it. jUe nrait re-* 
peat that he never saw a case so ponmcted, 
and that while tlie greatest courtesy wmtj. 
shown to hiin«ielf«, ,^ie greatest detenaina*^ 1 
tioh was sIaowo to jihwui^ a convictuw. Ue 
woold now put fK>aM wUnease!* pn the 
8taiMi»i|odittbec|^.^ur hi* case would 
addK««ithf9iiifii( greater kigth^ 

i wcno uanwim^it, «wom. 

£r9?nnifl</l|y JH)^. T^MiAm :-- 
lfiiif«rl;M#h tfH^pHbner lit tlk« ba/ 



'W 



•cPHWyTPKT 




\etif fair In Km dmUxjpi. H« (prisoner) is 
an Architect; ban been following that bii- 
fiinemadven years; he is not a man id ne- 
oessitotM oireamstaoeef*, be is clever in hit 
buMness; always bad plenty to do ; accord- 
ing tn my opinion t ifould not take the 
f>rifloner to be such a pkt^on as would be 
ed to commit such a crime as has been 
charged to hiin. I went into th^ Police 
Office on the ereninff ol his arrest to satis- 
fy myself whether the rauor was really 
tnie; 1 did not believe be could be guilty 
ofsuchaorime. I leit old Mr. Munroe 
and Mr. Mar^bair talkies; together on the 
street on Chijpman's Hi|l between Mr. 
Jones, the tailor^s iftnd Xr.Cruikshanks', 
it was on the eveninji; of Munroe's Arrest. 
I went out to fhe place vfhere the remains' 
had been found, abojdt' a month ago. in 
company i^lth David Otklio, the plumber, 
Charles ITay and AdamToung ; I was in 
and saw where Ibb place w^,. and the 
Btehe; I walkM doVm tbe road. One of the 
parties htii a phpolifx lU^ ^aM» I paced off 
abbtit 0DO paces, I, left ^m. f>n the rook in 
iToht of tlta plkoe %Mre ibe remains were 
foon^. I tblitf CJaV)p£I11 had the pist^; 
heilmi: I could b^r the rejpbrt, but not 
very distinctly; I walked idoWn, towards 
the forks; don*t know how kr from It, 

OoU'examinedhyAUwmey General:— 
I stepped abontf three feet at a pace; 
I oonld not say whether I could ba^e heard 
the report or not iff had not been listening; 
I did leave John J. MunrOe and Mr. Mar- 
shall, Chief of PoUoe, on Chipman's HiU, 
talking on that very evening. 

MiHN J. nvKBOi, sworn. 

I am the father of the prisoner at the 
bar; I leedleM the night jmy son was ar 
rested; that nijg;ht I ttiit Mr. itarfchall on 
Chipmlui's tJfll. W^h6n'I tras coming 
down the Hill he was going up Mr. 
Ma«*shall put out his hand to shale hands 
antS says. John .this is a sadallair,! fiel very 
sorry lor vioa1ndeed,bat i will keep you pos- 
ted ttp; I told Jphh that anything be sai4 to 
me Would be a strfet cqnfldeboe, and hd 
action vtottld be taken upon it: I did n6t 
make bini iany r^ply; I wanted to get 
home tkp the s&eet;.l hav«i not been in 
Co^frt but once since the oommencement 
of ^is trial. I never saw the hair at all. 
My son is an Arohitect, he was doing very 
well; his business has been fcereasing teirjr 
fast ; he wf • i» no peeuniary emY rra8»> 
ment at all, that I am awai» of. i state 
positively that 1 did metl Mr.^iacilMiU 



ea Unit wan^ iwf Idt wy dStn^! 
aa<M^e woeilafhafe stated am Just wlMt 
passed between us. 1 never marked fttat' 
trunk, never saw any tmnk m Mrs. Lord* 
ley's house in my lite ; never tftvr that 
trunk before in my life ; that, I shbnld 
think was an American made trunk, by 
the straps fastened as they are. 

Croii'extmuntd by Attorney General :— 
Iw«8in Mrs Lordley's house on the 
87th Ootuber, last( I saw no trunk tbecei al 
all. 1 know Qeorge Wade, be stoppwd at 
my house when he returned ; I don t reeot- 
lect the date of his leaving, but 1 remem- 
ber the day; previous to the commfluee- 
ment of this Oonrt he was at my house, 
and I had no communication with him in 
my house; 1 did not tell him any evidence 
I wished him to give. 

Re-Examinmby Mr, Thomson t — 
He told me that he had been in the habit 
of carrying letters for John over to thfa 
Miss Vail, in Carl«ton, be «^ said h4 
carried a parcel from John down to tha 
boa^on Hallow E'en, and gave it to Miss 
Vail; this be said in pwsence of my Wifo, ' 
my BDOther and my daughter. This state- 
ment be made volnntarilv. He Icfl the 
house in Che best of lri(*Aaahip: he s.'iid he 
was glad he was able to help Johii ont of 
his difficulty; my #ife and I never "was so 
much surprised as when we b^rd to the 
contrary. ^ 

JOSEPH ports, swom. 

t know John R. Marshall ; I recollect 
when Munroe Was arretted on this chart^; 
1 overtook Mr. Marshall |0p Duke street 
some time on Monday Qveoing. Afcer some 
conversation about singing he said this 
was a i«d afbir about Munroe ; that 
he was sorry, and the duty be had to 
perform was very painfull, as bevrms ki- 
timately acqainted with the family. He 
suppoied i nad heard of the censure he 
baa received for sending Munroe to the 
polioe oflioe in handout He said be hwl 
nothing to do with that. When he sent a 
policeman to do any duty he didn't presoribei 
the mo(fo in Which it should be discharged. 
He held the man accountable. He said he 
supposed I heard also of the' ear rings ta- 
ken from MissMitcheK He said he had 
nothing to do with that also. .;^ 

Attorney General otyected to thie ovi- 
denee, and the Judge read from his notes 
the evidsnce Marshal gave, in which he 
denied thai he mads any statement to 
1\>tts, the statemtnt then was read to 
him. 

Witness :— These are the very words he 
used, word fw woi4. That if«a thp laal 






tHE fklAL. 



93 



,7 'I 



this 
that 
to 
ki- 
He 
he 
lotbi 
had 
ntft 
nrib^ 
reed, 
dho 
ta- 
bad 

ovi- 

POtM 

sb ho 
t io 
d to 

he 



fttiiof theoMivarNntlonwe had. i poai- 
tivelv swear that he toll ma that h« aaid 
tolninroe t*^* ntm John, if there is any 
peison in whom yuu can have confidence, 
It ?8 in me. I hbve known you and your 
£uwly«nd oonneotioiH for a lofigiime. 
Now tell mo in eonfidonoe the whole of 
thie anfor^anate afliur." He then nafd 
thatSflunroe, after this, told, him what ha 
bad sta^ to the Coroner, and h^ said it 
tfasiTiBry iittprobable. Be ofl^ed no ex* 
ease 'for his treacherdiu two-faced co^v 
<fo0t, ' 

To Arn. Gsn'l :-^f am brothyr* ip-hiw 
of the prisonpr. I don't know why Mr. 
Afaraliall made this statement to ma. I do 
not recollect what remark 1 made after- 
vrtaia. We had some oonversatien. 

WILTXIJir SMITH, 

Examined ttyi-^, Thomson: 

T am a binlder. Hare leiided in St. 
John for maity yean. I know tfieprnoner. 
He is an anihftect. I brieve hita a defer 
man, 1 have itot come !a contact vrith him 
ad (t builder, I had kilren np business hef(^ 
he becamd an arehneot, bat I vjAa^ oftei^i in 
his place and be cdosulted me as to plans. 
I have every reasbh to have toe hidNist 
ooiiuon of iilt. Munrpe. Cadging Tram 
what I knew of bin chvmeter i ^onld not 
hpli^iv him ospable of Mooh « ortma at the 
tima wh«i I Jnit iMagrd tlie da^gevagaiast 
hoa. Nc^bkig ooald have aorpriaed me 
'.'indre.': 

-X' The A'tlontsy <3«nera] ol^eetitd to ihis 
'#Hd9iies,^tiiwnh(ltawth0dbJbc^oii. ' 

limn a strnw-cattair* Jhnve kna^nitto 
prisoner ten or twelve years. Daring chat 
time he bore «>n bocKKiuUt eharacter to my 
knfiwmg. I frequenUy m^w, hiip do^'ng 
ujiaipine, often cams ia (joptac^ ifith Inm 
m*m wa^ <^ b^s^ne^n* He waa apt » per* 
•Ml liha. m my opinion^ wo«ld ha failty 
dmMdiA ariott* His dispasitfon aaemed 
"to ha Tsiy aiKtionate as far as 1 saw. 

i .Uiifr .'■■:. 

lamaistaBa.eattsr. IJnmbaMaiwoAr 
km at tike Wiggiaa Agfku»* I Imve faniwn 
tiM frtsoiMfr for •«««» w M||lit3f«Mm H4ve 



AIM agood deal4<f hlMMfc M i i^ tfi y l l rti , 
Rai^thtfarehltiMrMtlM-^^ jia 



'• ^W^SJSi 



^mppQiadi 






opinkm 




Wmnrt,— t nev*T beard anytiuqg to 
lead' me to forqi a contrary opinion. 
CBASf, ponsa. 

I haveknawn the priaonar aiiiea he was 
qnita n sasU bov^-«boal 90 years.' I have 
koo^n him iMlawmiy daring that time. 
I think I hiid a good npportnmqr »( form- 
ing an opinian o^is ohamoter. I tiever 
knew or teaml «iiyttali^ had of him. 
Whew aatonyH other young msfei to <il- 
wmseamittte qaietart oAba lo«.' He 
had a 1.1^ hM S wrnty and iemtfed to be 
very successful. I alwaya Aimght hhn 
ele<r«r«in Ma bastqHK lie waa always 
qtuet and gentle in hie mamiera US' wtm 
the last person i wsonld nave sai|p«eted ot 
being capable of committing such a crime, 
and i laujehpd at him when he told me he 
was arrested on this charge. 

■ Li. muss. '•" 
I am a bufM«r . UaViei knowi^ the prison- 
er a great many yMM, and hive had busi- 
ness traiMtaotiims irHb hrtai; Asfh^ as ilmw 
b« hbre ai eltcetlenf chiiraoter. Vf benl^ 
anythihg tod^ with himfhe w«« gentle- 
nmnl^ In his ttahn^ts, a^ honest in his 
baMa<^>h^. |}« sfiemBd t(^ have ngnMt 
deal of basinsfSy and aee awd to attend to 
it 4Nr mpd night. 1 aaMaJy wesdd hat o 
thoaghl he waa abenft the laat peiaen to 
eoeimilta erimft«f UrnkMihaiaoha^pd 

with. M:;* •"■!«««- nj,#f !i */'j;.>. i. 

Mr. Tbnm8(iii'W>«MMWi^Ml l^otim- 
ment. IFhe Mi#i«aHv«tf nbtioB trdm the 

M m ti^ m i m i ti jfiitoi^ thkt the onse 

for the crown would dosa t^Hlivy hjff Would 

have boon r«c(y.. |h^ f iMeeaes e«unin- 

ed wetn thoie 11%'^pjmned tobeprfsent. 

The Judge WOitld|«e|Nr araituqga while. 

«aa,e^Mfuid e a m wiM^ i hav* kst>wn 
l^e |«neoner nt the bw fw twesityte 
tw«iHy«ii» Tsanr hafve kaown Mm in* 
timatd^;; fie Hved nest door to me, and i 
flaw him lamHy overy day. . I always 
thoaght to bore' a twy good etoraeter, 
ti#y a«iM' and haofbnMve. t pever Im- 
a^^tflAik <ffiipi;kle or e6mni!iittihg tni^ a 

iietbo^ai^V^iurM^latid m^ mw 

W w¥m <>mm,9t hip. 





lya^ai ioa jyd 

'.to; WUr/UMMD" 

with him. lie 






94 



^§/il^m TfUAL. 



I' * 



Fenety . /c was on a Tbu^iday., i Ihink 

^HlM 8tb of Ootobef. 1 Gun swear it was on 
H Thundfty. 1 went wtth hioi : was a 
passenger in tbe boat myself. Did not 
flooM bMk with bim^ » Urn l«lt th* boilt at 
PiHTtland. and gave im the key oi bis Mtittf 
room, y did not see him alter. 

.,, Xo AiToaMir Uinbral. — /won't swear 
it w|a the 8lb ; it w«8 aboat the 9Bnd 
when I oame baok* U the 8th oame on a 
Tbursdi^, 1 swear it was the 8th. It 

i, nould ikot b»Te been the Tbnndfty prerioas. 

r, / was ten days in Jieston a*ji was back 

tJMre on the aotb. 

K 'Hio deienoe hsTing no other witnesses 

> now x«ady, the Uoort wasatyodnted st ten 

), loinutfli to five o'clock. 

''■ WBi>Ni!8DAY, Dec. i5^ 

REV. W](U:.IAM SCOVIIi, 

^(unined bjf Mr, ThompBOJU \ 

1 l^ave k^own th« prittooer nbont two 
I^am one ortoe Trustees af the 
n»' Asvlutn. Be was the , Mrobi- 
I was l»BqBentIj brought in; , oon* 
tact wrth himT J thought Mm an oblig- 
*1n^ inofibuaite young man, H9 w«8 
J very oieve r in his bnsin^s as att KtiitA' 
*>%eet. J bllief e be has bitoti in a gtkxl 
c ImsiheMi of late ye«r». Until tMs iiiitter 
I transpired / uWw henrd Anything 
'] MMinst bis general dunMHwr. As tarns 
/knew be was sober and industriootu 

•TH^^VMI tfom What yroa mw ot Mm 

. anglcoew Q^.bJg oh ( ir<« ^r would you 

))elteve blm caj^ableot |l>9,|uUnooluuvod 

Certainly npt,, . ^ t -j ^. „ .„j „ 
AS tsr a« /odiild jndtj^ ^ Wfiii jbeon- 
"• Utrty ^ikilable and gentle. 
Hot (tfoss-examlned .' 

) "(fam n Civil BngliMir itt dhnri* of «he 

E^AN. A. Raiiweg^. MaVvnlRiOw Che 

prisoier swoe Sept 1811^ w4iflaili« Wriiiit- 

' ed in««oaipaoy 01 which- J taoid oom- 

j( iDMii. He enlisted «s a peMwts^ but was 

^ pronuotea to a I4«uteBnn«yr4li ?tli» ibl* 

lowing i^bruary . He in ; a« iMfoiijMVQt^ 

clever ii)i las buslneas. |b Jhrj »iiJ*fii 

^mM^ %ii tl Wl seemed tO.)^ itery >i^. 





pose him a person onpablo of oommftting 
such a crime? 

/never 
think BO. 



saw anything to lead me to 



SAHtm V. THOXAS. 

/ have known the prisoner for a num- 
ber of years, mor« particnlarly^ within 
the last two yeam as Secretary of the 
WigKins /nstitution of which be was 
aroblteot. He generally had the credit 
of uhdersUndlng his bueiness. J never 
saw toytnlng out of the way in bis dis- 
position more than other people gene- 
rally. Never knew him to be pMPlon- 
nte. As flir as / had anythlfig to do 
With him be was eentle and quiet. I 
would be sorry to believe any one oonld 
commit auoh a oriroe. Never saw any- 
thing in bis diaraoter to Inauce ine to 
l>elieve he would do it. 

J0«lt PABKS. "^''^ 

' Jam a member of the Engineer tym- 
pany ; am now captain. Wos lieutenant 
when Mr. Boyd was captain. J have 
known the prisoner J think since Feb- 
ruary 1804. He was then promoted to be 
lleK^natit in the company. Have been 
a<Hinaiiitted with him ever since. Qe Itju 
been jh member of the company sinc^. 
M#t hiln Very f^equei^tly, almost week- 
ly. Heae^ined to t>e very bus/ lati^v, 
ekc^ediniiy busy. My impression wis 
that he was « very good arohitect. He 
W48 reofunrkaMy amiable in his diapodi- 
tkaa^ rfttier easy wlien any arcMkge- 
ments were to bo made with regwtl to 
the oompaciy, willing to aaaefit, to. any- 




h4 Me'lued 

indultrt6u8. ' 

ties (tf seeing hIM; 

oomnany he 

well ladeed. JT never 

fltod^Wt^hloi. Tii^ 

of a very mild lti4)M 

J knew notldnt bg^Riai 

tar. ' -I 

' Jipd|Llli|>iWeiil wilMiliiAi 

hiaitfncii MM *i* >i>lM»fsm> hiii > W'P f 

hi? <»»yaK t «a B< i\mt m i^vmmt>^ 



and 

cfittfifirSfMe , 
Nbimself very 
^tault to'' 
.Mhewai^ 
Va AsnoalHoo. 



capabto of ODtdmitMng 8B*idi a erinie as 

,, (4 7?>lr>. TROif^AB IfAYITT. •»•! '^^ii 

TJ^ai^ knbwn the prieorier dBjtSB^'^e 
waaaboy. Jw« not parMouiaiiy sb- 
qnainted Wltlt him. 7 flrat kikeW hlin 
whm to went to Bobool with nM^ own 
ta^r* JlMW«o6cMln contact wtth Mm 
occaaioaiUy..' Jtlmngbt lilm rnniM Jo- 
offensive boy, an^.^'i^ BfMine as a man. I 
am a magistrai^. ^ Hel«te employed by 
tlw^nsaipM tnit ii ^ thia aaaacn, prspnring 
ateni Jer:lmpniv!ain«ita on tiie gaol. 
Mfta9p0av«Nl;^%» be a» competent mtak-rtl 
" m vuukdohig a larm, iMipi- 
Coipmittea of fieaaiOQf a||i- 

KOf^S wheabewiSi 'ajr^- 
ad.Xam'S4rtl?%oi^at there ^^ a^V- 
tklhgag«th^lit»&i\»8l cbaraofa^'iittlli 
ttia%Mtt«p%bb lisaaik Hkdimg irbin 

Jhat.f'lliMr<Wr4iitt, J4««M tMAk Min 
Mpl»abM' »ftiC -wd itt aMtt»it<<JWidh a 




*^*/£B!? 



t«ri»4taiiwH»niiiHfcii 



OfOii 



'sa (p 



THC^'m^tL. 



SS 



itting 
le to 



nnm- 
fritbln 
of the 
e WHS 
ar«dit 
B«««r 
a OU- 

ippion- 

Stodo 
et. / 
)o6a1d 
w «ny- 
ine to 



r Anm- 
itenant 
JkMve 
e Feb- 
atd tobe 
re beiin 

r since. 
; we«k- 

ion wits 
Ksfc. He 
diepoei- 
TtMige- 
' to 




iMHlIn 



K'ri«!(;o 



■■■ff,jtsi n67 v^oijiv JUNKIKS. I wb«t Jkoaw of bim Jnever ooald b«ye 

7*m B rigger. Jhmre known John A. / IwHoTed him cajm^le of couiuiittiivg tjbe 
Munroe from hie chllcUiood. He ^^ 
with me in the Sundey sohooi for tC)Q or 



ele%'en years, up until lie was 18 or 19. 
J think be la now ab5ut 20, I think I 
was intimute with him. His dis^nUlon 
was naturally (](uiet and Inoflfi^nsiie. I 
thought remftriabiy so when niixed 
with a namber of other boys. / thittk 
decidedly^ hetndlcMeil that'ebanwter aAl 
titrougb. /luiv»ofltnMeii httn liinee, 
*nd never aasriasnytbtng to change «»y 
opiuton of kite; < JkaTv not kadauoban 
opportanHy aa eikera of observing his 
conduct siaoe, but J always feel » rieflpird 
and interest to those, who have f^t(^4**^ 
that school. When ^rst^ J Ueara that 
suspicion attached to Mr. Munroe, Tex- 

Sresaed my opinion in tny fkmilT that 
[r.Manroe was incapable of committing 
such a ^ fme. That was Just my fbeDnig 
when h et / heard of ft. 

Jhavf^kqowo the pri/aoner X think 
since he was a child, sinpe 1842 <^ IS^. 
/didnotseemupk of him after tli9(t. 




often \t MS olllc« iindt<itideredfbr boHd 
in«s deetgkie^ Mr hfni. ^ He Was Always 

f)nMeularfMv> itt lita eondnet, and rs flu- as 
knowaoiu^ iS^om any thing / have 
seen of blih jTliwe no reason f« b^eve 
Um oagisbto of eSich a JarioMh 

I Imte knoi^ ihi pldsoaMV> ft' M ; 4 
yOara. Hlemadkdkawliigafortnie^swttS 
yoarsaiaee. Bav#<£r««iMntl(f cie^, bifn 
«ijRee. X think j: iiave b^d oppoi$«iiA- 
ties of forming an, oBlnion ofkla olifiiio- 
tfsr. The transactlpn^ 9!¥^i s>^)M^^<^X. 
to me In^ buslnees poi# of view, and / 
Was fhVoonibly impreknMW)Ltraio7 
I ilever skw attythfttf fili^'**"^- ^ 

but mildnese; I7h 
never' hilMrd anV' tftlni 
Whett Jhenirdtie WMtmalS&itilTvtttvM 
to give cre««to IM oliiri^ Mrimm^ fittte, 
that ta all #teatt%ttfi 'il m pin smt Any- 
thing i» his •oiuiaiet to iMd' BMrtttHM- 
lie veks eonUl'odtoniit <sa<Ai .warUati 

■■'>-' ." Hiiyaa^B;-^#ft^ ->'v. ■■,•,.• 

' riaia»af^lliu>t«tif4r.* Fl^i^^klb^n 
the firttoci«^ dnrink Iton jeitrs^ iMi ibti- 
maiely. bait I lAymftat hlni ooMSioiHttry 
KlSfe katyiitwineso^^ ^i i Ml i ao ttofcs'WHh 
klm, saw agooddenlef Hin tetlfeat w«y. 
/always thougki hii^isMatttoa qniSt 
andinofffltosiva^ X Hitak tai 




Wi 




bually anga«sd teJMafwMBaiqia. if 
very clever for a nun^iiia agtb, \Jav^ 



cringe wlt^ which he Is charged. 

Jnave kifown the prisoner 4 or 5 yearn 
at the utmost, /came little in coutaot 
with him. W^at business ho had to do 
in bis profession for md he did. / am 
no Judge, but he antiafled me. / onlv 
came hi contact with him iii tho wAy of 
bushfiess : his oondnot in that respect 
Was satisnotory to me I thonsht Mm 
bOnast and honourable. / Immi no op- 
portunity of forr "^ing an opinion of ma 
obatacter. Fraiu what I know of him / 
oerlainly did not believe him capable of 
committing such a' crime. We sell a 
u urn bar of pistols. Tiiey are not at all a 
leading article. X cannot sa.v whether 
the No. 22 lathe ordinary size pistol we 
soil, ^ylolerka would know fetter 
than I, as /attend very little to making 
ont orders. . 

WIIX^ n, KNOWJ^ES. 

tamatra^iHiaker. carry on businsss 
inSt. Johsi. Xesanined that trunk this 
mpeninf , (thetrunKJbroi^hc frook Boston). 
^Tn^King frosi^ the wood m the cleets that 
is' an Ameifean trunk; it is Ameriosn 
w&i^ wood. We oevor use that wood 
hoKfhT-we use nruoe and pine, / bar^j 

Sii^.aosto of ^le timnks, made by ^ 
inme^ v^iev have po such wood. 
Uiu^pe <ui4 t get oar cleets from, 
Fairbanks. They aro usually spruce. 

Some question here arose as to what 
l|n.Ix>rdly audit ilie trial On this nqint. 
Sir, ThotiukAi ^poaed to pht^ in the 4e* 
tKMdtbn taken belwe Uie Coroner to show 
«bnft Hin. Lofdiy tfaMi stated that eld Ifr. 
Uiut^ said thatthis was one of the tnutlcs 
ittade at hit ' &etpty . Attorney Oeiithral 
coiisented. This portion of Mn. Lor(H|> 
deiK))iiUoii fWi then tisad m follows :^ , 

^'/to6kllr.Br«niMbdQwnto the opBoe 
stti sh6w4d him iha mtik. m ^mm- 
mM and io<^ed. and said ft looked like 
<^e mannfietored in his establishteest. 
Mfl.tobk'akhifeoat of his pocket and Ottt 
^6 i^d of we dat on the top of the trunk. 
M put sdtfk of the wood in his mouth and 
chewed anC**^ there is no' do|^ the" 
we|e out dfnis eMnblliitment." This 
sv^m to hsr Blr». li(Mly on October ' 
We9, biaftite tW (XMpner, 

Wimtilfe.— llr.'liQntOe'and i getonr 
tifeets ikU «r. f%M»^: That Bnd ^f 
woodwi) wUrmJj^. We sometimes get 
wood. >it neviBjf Any while wood. 
» all > e«A Judee K^. Thsf is Am^ 
can wood. WenaaketMtbttomotiiwftOle 
pieee when jmmau^ dKnuaeTer put more 



96 



't»HB TRIAL: 



'i*ir..i 



ik 'maeb 



1 



three pfMM. '^# pint fieire 
wider ttum the American pine, yt looks 
like nn American bottom. We often see 
the bottom of American trunks made of 
three pfeoen. We generally aae one board 
— never more than two, American pine is 
more brittle than oura. We seldom groove 
and tongue ouns. We generally give and 
dowel them . This is tangoed and grooved , 
Mr. ]dunroe'8 trimka in this respeet are 
BMide thANnnieaMoiira. Aa far a3 1 can 
judge tkw tarunk j|i;i»i'.4MMttcMi» JuaniifiM)* 

lo ATfouttrOmfmAL^-A hsw idvMqrs 
notioed Uiat Araerioan pine in their boxes 
is very brittle and knotty, /t has not so 
moch mp as ours; it i< whiter. Th^y 
irenorally uSe pme more knotty and brittle. 
The Americana get pine from this port, 
but J think not ofthia quality. We never 
put thei«e pieces in che bottom. ^ I can 
not swear that this is American pine. 1 
can not swear' that Mr. B^nntob never puts 
three pieces in the bottom. There are 

C>mo Atneriean trunkk imj^rted here, bat 
ot 80 many as (brmerly; they don't im- 
port so ^any for the last eighteen months. 
' Previous to that thejr weM imported large- 
ly , such, trunks as that. 1 nearer Imporfed 
i^y, but i tiave aeon many sent to tnti fbr 
rvjpairsf and / know prettjr wril an Amijri- 
olin trunk when J see it. The bottom 
Inreaks more Quickdy out of Ameriean 
trunks thao otti of otttis. 

I am a merobaot doing businefa in St> 
y Jofaa . X l^va known the prisoner auuse 
iHBB. 1^ eoapJioyMl him then U^ make aon^e 
Q^tn^ drawinffi lor ahouae I wasbujld^ng. 
I 'ifpM mnoh satjfdied, t^i plciluw^ v^Uh his 
Wfwk i^togeUier. pp ^uob p6 that it ij^ve 
me jleaaure tq recflmDOifDa .Jbini to oihers. 

iHS^ig aaUsftobilT^ln 1866 I tJ^, 
JpIpb tQ malw jBOipe dra«ii|g« ior a ■fitiool 
haqpecNr* Waterloo stiteat, |b irhlon I was 
i^cil^ted. 1 aaked him it nf Vt^iild ^ve 
lAe diawinga aa his aubaeripifon. ,U^Af- 
nred not onbr to 4o so.bul^^so lop)^ 
pare t]b speonioatte>^Mtjwrin (he 
V(»ril tree of 9\mm* $m »• <aa ao. I can 
m^ my thfU I Mpl mm ouMu^uniiy or 
forming an opm|(»| of hi0 onan^tor 9/^ 
^ "^<Midbt him attenuie to 

^^ em^um^J JLts 

laanni^m were m 
anytbl 
haneia 
aisruaa. 



4iflwMt^on, I, 
lua basineip. 





am gdntlenianly. I 
5i WW (ha* would 
lA capable of tmai^ 



^he Blaek River Rbad where the remains 
were said to be diaeovered. I went out 
there with David Heflbmon. Chas. A. 
Bayraond and Adam Toong. Tt Was about 
a month ago. It ttiighl have been a week 
helore this Court oommenoed its sitting. I 
think the distano* frOm Bunker's house to 
the place is abi^^t hall, a milo. I saw the 
^t stone. It la almoat imnoasible to get 
in to the atont in «diraft line iron the 
Nad» iJMbvawKi.go to Collins' it opens 
'W^ masa. I aid not nQti«a<*ha*. On the 
wi^r out en ^ rtgtA hand aids tliere are 
thick woods witi» a banen Mtrip between 
them and the' rond. We bad a 8mith & 
Wesson pintpl with na. (The No. 99 ear- 
tridge bhown.) That is the same size 
cartriage we na^d. It was a revolver with 
i six ehambers. I fired the pistol seven 
1 times, i stood on the rook and a little 
ways from it, and thw fired two shots on 
the road. Sent some of ihe party towards 
Bunker^' to ascertain how far the shots 
vronld be beard. We met Mr. Sonayand 
Mr. Nagy. the furrier, ont th^rb. They 
weh( on the road towards Buiiker's I 
suppose five or ^t hondrad paces, i^od 1 
•bouldiiay they t^f hftird tb« mport at tbay 
tamed xonnd when 1 4>8<UMMrgei|r the putol . 
This waa when J stood on the road. Tbfty 
were oat on the rood when I ired the p>#- 
tol from tbo rook. Ifar. Baraond went 
down towaeda Collins', in a i3wWt:<ttreetion. 
i did not SN «liori iwiwaa -iriMn 1 dis- 
charged tbo piMlnlfto«i>tibo«Qck. One, i 
think. w*Bt in*o tboaraeda, and ono stop- 
ped on tbo lood. i titiak it waa Mr. 
Young whi0 "ooot Into the woods. The 
nfbm waa leodi • TbO Oir -v^ oliMwt 
stmihat day. I dlifail tiak<» attj! particu- 
lar ^iotioo ii^hfti^fr a person on the nick 
dobid Vo seen HM the rdad, Thb grpilind 
^ wo« a/UimjKMon $Xid ^rd the daY we 
Worb iwi». p4 Ifmv4 4ronl4 be soft in 
met l^eotbcr. It waa a moMI unbk<^y 
laoki«« pN* tip » wonoo tp Bf* ^n of}f»^ 
0911 Mfxir4* 1 m HP* -ohiinro whether 
pemon olMwng m *ho raad near the 
■Mhwagr ooMi bo mm. fieom tbo rofdc I 
bavo.kiMwai idfota . A* Mmanm olaMMt over 
since icamo |o«.lWo OQflMf r^^ years ago. 

wilhbiipaiMk . „ 

n^an^.ttpio the 

iime tbia jw i wyfadr i.»oovorlinoii«nsr- 
llnnip ugainalniii^ot mjvnm kaowWdge. 
jio genawHf hoA Uttte to, aay when 1 
weot^or him 0V:kuBineaB. I mawet oaw 
iflK te lito madoit to* indaoa mo to 
— ^Up otmMo bi ooowiitting On6h 
iPv^-lliMt' aHooiiA wtm i 




THE TRIAli. 



pmainn 
ni out 
IM. A. 

B About 
a week 

IQUMtO 

SAW the 
etuij^t 
roBk the 
it opens ' 

On the 
liore ore 
between 
Smith & 
.99 ear- 
\,me st^e 
Iver with 
)l Hovea 
1 a litUe 

ebofe oa 
J toward* 
the shots 
[onnyand 
*. They 
inker's i 
ws, i^ttd 1 
i}rtadth«y 

d the p»P- 
lond went 
(!ttrefBtion. 

. One, i 
(nedtop- 

. Tbe 
„ Alttotit 
Jpartictt- 
fte Tbck 
le ground 
,« day we 
be eait in 
> unbke^y 
h, in ofber 

whethfr 
n»r tt»e 

Jnoafrev<nr 
years ago. 

,upJU» the 

^ when i 

mnvt wwr 

jdaoeaieto 

fitting •nbh 



To Attt. 05.V.— I was standing on the 
road when 1 flred the shuts. Between the 

Slace whero the remains were found and 
bunker's- there is a thick growth. I do 
T)ot think that any of the party tried whe- 
ther a persor. Mtanding on the rook eoald 
be seen iiqpm the road. 

GILBSRT UBBDOCK. 

I am Superintendent of Sewerage and 
Water Supply. I htwe kept qaite an 
extensive reeord oi' the weather for sev- 
eral years pant. With regard to rain 
fail over fitteen years ; with regard to tern* 
peratoro und atmospherio changes since 
1860. I keep a daily reoord. [Referred to 
Keoord of October, 1868. In the last 
week of that month rain fell on two days-* 
on the 26th ( Monday) a light rain ioli be- 
tween one and two o'cftick in the after- 
noon, it yttm very light. The morning 
vraaolouded; the night cleat. The 97th 
was clear daring the day, in the nisht 
partly, clouded; SSth, mominc clouded, 
heavy rain in the aitecnoon, 39tfi, moraing 
partly clouded, day dear, night clear. JPri- 
day. 30tb, morning dear, tmjf clear, night 
dear; ISatarday morning dear, day olMur, 
night ckwded. The nin ia U wai on Wed- 
nesday aiternoon. It wes the lieaTiesI 
rain of the niontb. Fully 95 per cent of 
the month's rain Hill on that afternoon, it 
was equal to 65100 inc^ The nda fell 
inheavyahowemfiorOhoaiB, WehadsDow 
also, it anawed «poa the 17th and also 
oa the 91st. For the month ot Oetob^r, 
the Slst was unnsually heavy. Between 
10 p. m oa the 9l8t and the forenoon ot the 
attnd nearly d& inehes of snow teU. It 
lay for some dajrs. I think the last of it had 
8(»Kody disappeared when the heavy rain 
fdl. i hav« seen the pJaoe wh«M the re- 
mains were fonnd. 1 was out on business 
with Mi*. Lockhart, the Chairman of the 
Water C&mmisisioners, and while waickig 
£»r dinner 1 walked out totiiepkMW. Thit 
was I tbiak on Nor. 11. When I was 
therathepltcfwaitvelaiidnmicf, iaaw 
a larga took. We lbU<y#ai tbeSotttherly 
palht aad that ledns to whalireMppfMd to 
ha tha plaee. ia froa tttf tead Iras 
iMl and Bfmgf, I (o4 ay ftet 
wtl foiag ia. imm aa mmI et 
Mar tha took, i wonw jndge 
on Oetoher ttot, IMBk .«ha jkliw imild ba 
wai aad &Mttgf» It •Maid depMtd en 
whit thb oiifeet was <wbetfaer it tMa ma 
exdraotdintfj^plBaetor kwimmt(fg»ih- 
to TOlaatarily eiihea'tD sit dr lie down. ' 1 
madenoeb8itnrati6sia9tDfriietihar a par- 
wmoti tht t^k aoold M iMii fton tha 
toad* /hMra koMri H* fiiNiiif iMt a 



naraberofyears, toMC and speak to him 
occasionally, hut J did not know him inti- 
mately. As fkr as / know his disposition 
was ihild, and / would not judge him to be 
a permn likely to commit such an offence. 

To Atty. GKrj.— In September, 1868,tbe 
fall of rain was heavy. There were fre- 
quent hUh. The benviest wtis on Septem- 
ber 7th; U inches foil at that time. That 
WAS an unusually heavy iiiU. It was a 
very wet moutb. The nun fall for Octo* 
ber waH not aii heavy as usual. It was be- 
low the areitgi. / can not just now say 
how sjQoh. From Wednesday S8th to 
Saturday there was no rain. I think the 
place would still be damp and wet on Sat- 
urday. I can not say it would be 
as wet as It was when J was 
out there. The la^t rain in November 
before my going ot^t* lell on the 8th. There 
was a great deal ol f^io in the previous 
October. The tw» is mofvsy. I did not 
pay any attention^]; the soil. 

To Mr. 'rEoxaoOf -^The heaviest rain fall 
in last October, ('89) wait during the night 
of the 93fd. There was niin on the 34th 
and on the 30th. In November there was 
no rain untii the aiteraoon of the 6tb. 
when the rain was ligbt« In the night of 
tbo6th there was a Eeary rain. On the 
7th there was rain and on the 8th in qoan- 
titles not measurable. - 

AaCHISAU) OPOK. 

I am A machinist, doing bnmnesB ia 
Portland. I hare known tbe prisoner aboni 
five years : hare not had' pt^iculwly fre- 

guttot business thmsaotloDs with him. Met 
im at places where bo wad mperintendinff 
work, and where I was at work abo ; mm 
htm neqnently. I alwayslooked upon hiia 
as a straigbtfbnraTd going yonn^ttuuol, 
and with great abilities. I alwayWlookea 
upon him as very gentle and jnoflbrndrd: 
and never know or dreaiDt ef anything dse. 
As far as I knew there was nothing Uj^dnt^ 
bis moral character. I shouldn't think hi 
person who ooold eoMdt «idk tf 



wsa a 
erime. 



tUi.'.i 



WUXXiiK V. BUDora, 



" I MaVIa in St. John, John A. MtHWoa 

ooonpieo onepart of the boose, 4i Ohaifciili 
Street, and I thaather. He aared ta the 
hoofe in May 1865 ; I am U?p|; thmat 
Mewat. 8a'wlllmalmditeTet7W:pap- 
edthm^tha hiU tcMcitlMi^. * laaifhlni 
before liS5. 'TbeinfcmnoeiTdrl'ikotieiid 
hita wa« the yter the FrinoA duM, that 
was in 1860; i»a9 IbDkiag tkdi ttt ate arelf 
•eMi|thasttaet,andi9oii«»]iiit, flfaiee^ 
— I'Un iRHf^ftiii^Uifaiiriogirdyttii 



I 



il 



THB TRIAL. 



man as to his oharacter. While we have 
lived together I conMidered him a well be- 
haved gentlemanly man ; wouldn't want to 
live with a better. Have said to my wife 
that I thought him a very domestio man. 
He was a very industrious man. I don*t 
know whether he had a nreat deal to do : 
he told me he had, and l believed so. I 
think he was not an idle man. I always 
thought him a very industrious man. I 
wouldn't have thought he was a man 
who would commit a crime like this. 

To Attornit .GiNnuL. — Munroe is a 
married man, has a wife and two children. 
The eldest, I think, is about ueven, the 
youngest about three, I cannot sa;^ exactly. 
His wife was living there with bim. 

By consent of the Attorney Gfeoeral Mr. 
Thomson put in a certificate Irom Mr. 
Uasey, Book Keeper of the Barker House, 
that the prisoner arrived in Fredericton on 
the afternoon of Thursday, October 99th, 
1868, and left on the next day. Friday, in 
the afternoon boat. It was admitted that 
he came down to St. John in the boat 
which leaves Fredericton ai^ 4 o'clock in 
the afternoon. 

XDWAKD Bi UBTXB. 

1 know John A, Munroe* He lived in 
part of my bouse at the nomat of Richmond 
and Jfixmottth streets in 1803 3. Saw him 
every day. He was very mild and inoffen- 
sive as far as hia iBterooinrse with me 
vent. Ho was very ^uiet in the house. 1 
would'nt wish a bettor tenant. He remo- 
ved there when be was married. While 
at my Iioum he was veir Itusy drawing 
plaas. He was out about his business dur- 
tog the day, always at ^ome at meal times, 
aAd seldom out alter tea ; very exemplary 
in his oondact as far as i know, i have 
loDQwn him since ofaildhood. We Iiave 
Item bvought up together m boys. He 
was quiet and i n o gfcnsi v e. We played to- 
feiher and went to school together. He 
was always qi^ies« and continued the same 
lihm,. ^ toipe a^ m^ / should 
sopiMM I luui paroenlarly good opportop 
nities of formiAgan opinion as to his char- 
•oter. i w<iMilii^Mi at ^' sMpose him a 



t 



JymL oii Viili 1^. J fl i i i piilpi i l Mr* 







imianSU Jl SMUQB flBOBBV "inmt^ ^A 



particularly so around the rook for a con- 
siderable distan(>e. Your loot would sink 
two or three Inches in the mos-s. Did not 
notice the road particular! v . 1 think there 
was not any water near tne rock. Jt had 
not rained before. I think that there was 
a strip of barren land along the road at the 
left hand side goins out. 1 did not par- 
ticularly notice whether the roads were 
clean theuk We walked about for a time, 
Mr. Raymond then w«it towards OoUins'. 
Oanoll then fired a pistol, i think he was 
on the stone. J was on the Black River 
Road and Raymond weal a considerable 
distance towards Collins' ; Raymond said 
he heard the shot distinctly. Afterwards 
we met Nagy, the furrier, and Kenny came 
there, and they went, I should judge, 
about 600 yards towMNis Bunker's, and 
thoy said they beard a shot that was fired. 
i do not know the distance between the 
two roads, i did not observe whether a 
man on the rock conld be seen from the 
road. 1 have known the prisoner some 
time almost intimately. His disposi- 
tion was quiet, amiable and kind — 
particularly so. i shonld not think bim 
a perstan capable of committing such a 
crime. Be is almost the last person i 
would have suspected. 

JOmr RANKIN. 

J am Deputy Sheriff. Since Mnnroe's 
arrest, have bad him in custody and have 
seen bim several timesevery day. He has 
behaved as well aaany prisoner over befaAV- 
ed yet ; giving no trouble in any way what> 
ever. Since hiH arrest he has amused him- 
self by reading. 1 thuik I have Icaows 
him sTnoe shortly after he was bom. / ne- 
ver heard a woipd against him. Never 
came mnebia contact with him as a man. 

JAMn A. AABDINa. 

I am High Sheriff (tf the City and Goon- 
ty. I have knomi the prisoner as yoang 
mao Mnnroe twelve or iourteen years, pep* 
iMM^lo^iger. Porwg thost ysan heard 
90tUl««mi9it bun ; rather tk» reresse. 
QeuMi fwmri isonsidered a leaawrkably 
qpietyAiiiag siu). ; I cannot Mty fromimr 
<ni» lamrle4if th«t 1^ had moob biisK^ 
MHKr B» bwMSii SMttk^od as M «r«biff 
||f|at.>^,faQli««a4 faring the^ last six 
■iPOtiMlhi«»SMpatnataialofbiai. I 
$Qnm bim qftm foid inonsntifa in manner 
TTPimlmidya^* t.wmkbe wasaMsQlivie 
tei Ais bnsiiisw 1 MooUeet when ttw la- 
qnept wM^b«ld. Tbe pvoceedingB were 
going <ttmr«mimbtroldi^ bef«m any 
«mpi0i<m«lUiv<mMni»oe. During these 



THE TRIAL. 



90 



aeon. 
Id sink 
;)id not 
k there 

Jthad 
Bre was 
1 at the 
lot p»r- 
dswere 
atinte, 

jkKiter 
idenwbla 
andaaid 
Anrerds 
my came 
1 judge, 
r'a, and 
ran fired, 
ireen the 
hether a 
iron the 
ner aome 
dispoei- 
kind — 
bink bim 
I aoeh a 
(.arson i 



Manroo*a 
and bate 
He baa 
erbehav- 
ray what* 
used him- 
kaowB 
ine- 
Nev«r 
Ml a man. 



n. 



nd Conn- 
IS yonng 

n heaid 
rareiae. 

ttwkably 
fromiB^ 
* hxmn- 



iMkaU 
■if hiaa. I 



aMaaitevt 
a ttMln- 
injp waM 
afoie aa9* 
nngtheaa 



the gnol. Did not notice any change in 
his manner or demeanor. Looking back, 
I cannut now nny that ihere was any ohnnjte 
in his demeanor at that time nor ninoe 
to the prcHent day. I whh as much Hurpri- 
!4ed when I head that he wm charged with 
such a oiimeaait I had heard that any 
gentleman now in this Court had been 
charged with it. I never thought that ho 
oould be charged, or that if charged he 
could be guilty of Ruoh a crime. A young 
man of respectable position, good eduoa- 
tittn, good bueineas proepects ; I do not 
think ha is a person likely to commit 
f^ucb a crime, but the contrary, 

IIARV ELLEN MUNROE. 

I am mother of the jrisoner. I recol- 
lect that a man called uegrge Wade came 
to my house about three weeks ago. He 
ijuid in presence of my husband, my 
daughter, my husband's motoer and my- 
«elt'-— 

Ol^eeted to by Attorney General. 

Mr. Thomson said that wh«n the Attor- 
ney General asked Mr. John J. Munroe 
about a conversation with Wade, Jie sup- 
posed it was for the purpose of |hrowing 
some imputation on Mr. Munroe. This 
witness and tbo other ladies were now in 
attendance to prove that what Mr. Munroe 
stated was correct. He felt that strictly 
<^>eaking tbia waa inadmissable evidence, 
but he «d not think that under the cir- 
cumstancaa tha Attomty General would 
have otnected to it. The Attorney Gene- 
ral would not withdraw his otyection, and 
the witneaa left the stand. 

NBWTON x'kAT. 

I work at carpenter work, and I have 
known the prisoner since IStfi quite inti- 
mateljT. i should say he was gentle in 
difqxmtion, off-handed and gentlemanly. 
He did not. in my pretience, or to my 
knowledge, show any vicious oaalitv. 1 
always said 1 thought it impossiole he 
could ba guilty of tbia crime, i went out 
to the plaoe where the remaina were foond 
on Thursday last. J. J. Mnnrpe, the pri- 
soner's father was with me. 1 stood upon 
tbestone and Munvoo drove my horse |M8t, 
and / oottld see him distinotly as ha paaaad, 
could sea his aonntenanoa and Imow who 
hewaa. i oaltod to him aravy tima I saw 
hiu : 1 aaw hin at diflbreni pkoea. I saw 
him nearly oppoalte the atone on the road* 
and fagain towards Bunker'a. Wboi we 
wwitotttiledmy liorsaioaiiiw paoaa to 
gat something to tie him to, and 1 aould 
sea my boraa. Tbia waa Ihrther towacda 
CblHns^i, and therafore 1 did not ibitib it 



necoa<4ery to have n mnn drive in that di- 
rection. The snow was on the ground 
wh,m I was out there. I kicked it off the 
stone, to be sure that it was the stone. I 
raea-tured from the stone to the 
Qtiaco Iload ; the distance was 1275 
teet. UnlejM yoi^had some mark to direct 
your attention, it would be impossible to 
see the piftoe whore the stone is from a 
distance. 1 did not try to asoei;tain whe- 
ther a man standing on the stone could be 
seen from the Qnaoo road. The distance 
from the stone to the Black River road is 
48 paces in a direct line. 

To Attorney General— There was a tit- 
tle thicket between the stone and the road. 
I cannot say how far it extended towards 
Bunker's. It is a very small thicket any 
how. it is just so thick as to interfere 
with a person going to the road. There 
are some portions of it is thick enough to 
interrupt the view. For the greater part 
you cQuld see fh>m the rock a person pass- 
ing up the road at intervab. I can not 
say that you oould see a person fur the 
greater part of the distance, but you oould 
see him directly opposite and at several 
other places. I do not know the shape of 
the stone, i tied my horse near the path- 
way. In going in I tamed tb the left. I 
should say by the appearance of the stuff 
over it that the stoue is rather long. I 
measured the distance to the QntMo road 
with a tape line. Mr. J. J. Mdnroe held 
it with me. I have been working with 
Mr. Munroe since June and work«)d with 
him to last Saturday. I have not been dis- 
charged. 

To Mr. Thoxsoit. — Wbaiber I work 
with him or not makea no diiSnraace in 
this caae. I have no interest in thto case 
to make me awear or lie or tall anything 
but the truth. 

WM. BATARD, M. D, 

I have known the priscHMr a grea* many 
years, quite since he was a boy. As far 
as my oppoTtanities for observing hia 
went, I tnooght h»bad a good diqxisition, 
i never saw anything to indicate that 
he had a vieioua dif^pomtion. Ha 
appeared to. ha . particularly mild aad 
inofimisive. «lahoiikl' not think that lio 
was a man (» oonuwii. a orima like this« 
(Woman's aknll shown,)— There are no 
asMia hv winah I ohi toU wliather this 
bdcmgeatoa aaala or feiala, tianaially 
the bones of the mala are kttgaraod tiiiidc- 
er. but there ax« ae aaany flsoaptioBa that 
thia cannot be sancdad a« a rtua. This is 
ii thick skull. Ko awatomia* woold ba 
justified in saying, mnHif iboai t>ie vfh 



1(0 



THE TaiAL. 



pcarnr.ce ufa skull, whether it belotijjed to 
a ninle or feujHle. I hnvo hmd umny innle 
Hkulls thinner thnn thi^. (Uun«M Hiiown^. 
1 doni't >^'ant tu look at thetM, for 1 couUi 
not pretend to tell withiiut the whole ske 
letMii whether they bulontfed Ut a mule ur 
fejiniile, and then I could not Hpenk puHi- 
tively. The boneH of the pelvis are gener- 
all;y widc-r and deeper in the ItHimle. No 
one could tell iroiu thef<e whether the.v are 
thel^^rici^df a male or female. (Child's 
t09th Hhown).— 1 can distingutMb it as a 
molar tooth, I couldn't tell the exact a,)ie 
(>rthe child from the tooth, uud«r any cir- 
cniitstanucM. Children are tH)U)ctiuieH born 
iR'ith tcoth. I have had three ca^iCM in uay 
ttwn praoiice in which children were born 
with the hiciHorH and ic i» recorded that a 
child went to 7 years without teeth. I 
b&xe .seen a child go to '22 inontha without 
teeth. If i found a tooth with tho moin< 
brane u))on it unbroken which accretett the 
natter Irou which the tooth Ih formed, and 
which srows thin as the tooth begiDR to 
protrude, and finally disappearv, 1 would be 
able to form an opinion ; but I have seen 
teetli when protruded have the onamel n> 
imperfect that unletw 1 saw the tooth oove- 
rea with that uemhrane I could form i;o 
opinion, I have seen, a»a coDttequenoe of 
dtaeuse, the enamel on a tooth 8o corroded 
or worn away aa to be no guide to enable 
any one to form any opinion. I can't de- 
tect any tottinbrane upon this, but there 
miKht have been. The atmosphere bbs 
little effect upon enamel, but it would 
kave had effect on the membrane, if the 
tooth were covered with it. The atmos- 
phere has little effect upon the enamel, 
when perfect ; otherwise it would waste 
the tooth. It would act more upon the 
enamel of the fir6t tooth, bet^uise of its not 
l!)eing so perfoot, than upon the enamel of 
the second. 

11 a body was left dead on the 31st ot 
Oct., and exposed to the atmosphere, when 
trould it become so offensive as to be neces- 
sarily observed by paseors bf T 

Svory thing must depend «pm tbe state 
oftheatmoKihere. A body while ftoten 
would noi deewDo^ose. After it becaoie 
tkewed^ 1 should aay the dteompoeitkn 
would follow so fiut thtt the luell would 
be perceived ISO to lft» liwt OK Mnch ot 
ooui'se would depend upon position and 
the way the wind bhnft I tUbk deoom^ 
sition would set in more n^idly in a body 
thoroughly thawed than in one newly kill- 
ed in sprinff. Cartridge No, ^ shoirn. 

If a pistol with a ovrtcidge Of this eiie 
were disebargr'u oloiMr to t^e head, would 
the ball paa tht^Bf^f . - 



I am not prepared to say. Much d«*- 
pends on the strength of the detonating 
powder nnd the diHtance at which it was 
tired. My imprrsninn is that it would not. 
A larger one certai.ily would unloas the 
pijwder was bad I certainly should ex- 
pect it would Mtrikc tlie other tude of the 
skull. Itiita question '^uite undecided 
whether a Imli would |»asH moreeaHily 
through tho brain tlian through water. 
My own iropressioL is that it would. 
Water posscKses extraordinary powers of 
re»istance. 1 think more than the brain. 

To j\ttobnkv (ixNKRAii— 1 won't say 
whe'her this tooth was out or not. Three 
months is veiy early tor children to cut 
their teeth. Four months is alsw early. It 
more frcquentlv occurs ac seven. ' 1 think 
that when a obtld culn its teeth at three 
monts 1 would expect the molar teeth to be 
cut early also. If the weather was warm 
nnd rainy in November, I should expect 
decomposition to take place at once in an 
exposed body. If dooomposition set in be* 
fore thn body was frozen, then I think it 
would be much more rapid when tho body 
thawed than it would be if a bod^ had never 
frozen. • Decomposition eertaioly would 
not go on while the body was frozen. The 
strength of the smell would certainly 
depend upon the extent to which decom- 
position extended. Even after a thaw, 
cold would arrest decomposition again. 
Of course there would not be so strong a 
smell ifportions of the body were devour* 
ed by animals, 

oEoaox aiCKS. 
I live in Brussells sit'eet. I am a trunk 
maker, I know the prisoner, I have 
known him about three years. His office 
is in the shop and ho seemed to he very 
busy. I knew Sarah Margaret Vail. I 
saw her several times, and saw her on the 
City road. 1 can't say how often. She 
was visiting her sister, Mrs. Jenkins. I 
believe her sister then lived on the City 
road. I can't tell exactly what tiase that 
wao. I think it was the suoimer before I 
went to the Trunk Factory, and that was 
three years ago. I thiuk she resemUed 
her aieter, Mrs. Jenkins, a good deal. She 
niifht be taller and sho mighta't be as tall. 
I eenldn't say. 1 seen her hair down one 
donr. I can say it was light hair, but may 
thug else I can't say. I seen her and her 
nieoe, Mary Jenkins, out on the road to- 
gether. The last time I saw her to my 
certain knowledge was on the wharf, the 
wbatf from which the American stean. 
host leaves. That was <m November 2nd 
I ogiydii't aay it was that day ioj: certain. 



! I 



THE TRIAL. 



101 



lating 
it wau 
d not. 
M the 
d ex- 
>f the 
ecideU 

water, 
would. 

bmin- 

»'t »y 
Three 
to cut 
rly. It 
I think 
1 three 
ith to be 
a wftrm 
I expect 
ice in an 
It in be • 
hink it 
the body 
lad never 
y would 
5n. The 
certninly 
I decom- 
n thaw, 
I again. 
iTong a 
devour* 



I a trunk 
1 have 

lis office 
I be very 

I Vail. I 
on the 
en. She 
>kins. I 
[the City 
liae that 
Ibetbre I 
khat WM 
[lUed 
-, She 
>BstaU. 
lown one 
Ibtttwiy 
1 and ber 
lioad to- 
to my 
|h»rf, tte 
steaB. 
,— find 
oertain* 



>Mitthat 1 Wfw working up tha railway at 
Brundage n Point removing hounes, and I 
came down on the Saturday night. It wam 
nretty late when 1 went down to the hont. 
It wan a darit heavy morning. She wtut 
l^ing along ttie wharVtownnis thesteumcr. 
No one wan with hor. John Munruo p:iH- 
Hcd on a little before that on his way to 
the Atenmer. lie patiMod me about the cor- 
ner oft ho freight houso. lie did not Hpeak 
to me and did not seem to notice me. I 
did not nee her go on t>oard the boat. I 
wouldn't Bwenr too pesitive it was her be- 
cauflo it woM a long time since I Raw her. 

When you saw her at that time wboui 
did you puppofle her to bo? 

I didnH bother my bead who she wan. 

Whom did you suppuHo her to ite at that 
time ? 

i didn't suppose my head abo berutthat 
time, because I had very little .\c<iuaint* 
ance with her. but I oame to think aiter- 
wards who nhe was« an:l I arrived at the 
conclusion that she wa8 Miss Vail whom 1 
had seen on ibe City road. 1 wouldn t be 
too sure of it. it mav l>e some days after 
when /began to thinic who she was. 

Looking back now, who do you think it 
was ? 

i now believe it to Ije Mies Vail. 

To Attt . ^y General— i vill he 23 years 
of age in ^pril. My father is dead. J 
live with my mother in lirussells St. i 
only said Miss Vuil's hair was j-ellow. J 
didn't mean yellow. That was not my evi- 
dence. 1 said light. If yon can make a 
meaning out of it I can't 1 cun't tell how 
far down the wiiavf / saw Miss Vail. Hhe 
had a baby in her arms. Its face was turn- 
ed half round to mc. 1 am sure of that. 
i can't think how far down she was. 1 
iiave no right to think. 2 thought it was 
Miss Vnil. 1 cannot tell how many days- 
after I began to think who she was. 1 did 
not sav I did not see her go on board the 
boat, I was not asked, i was thinking 
who it waK 1 saw going down the wharf,and 
John — Here the witness stopped. The 
Attorney General pressed him to say whe- 
ther John went down with her. He deni- 
ed he had said so. He said — i do not speak 
too positively whether it was Miss Vail or 
about anything. J saw her on City Road. 
I learnt bcr name by asking who she was. 
It is a habit to ask who persons are whom 
you see walking with one you know. I 
caunot tell you when I found out that girl's 
name. H wtis befoi*e I went to the Trunk 
Factory. I was then living in Meadow 
street, Portland. I can't tell how she was 
dressed. Sfae was bareb^ided I can't tell 
you how her niece was dressed or what she 



wore, r remftrked Miss V«n h«ft»a«B her 
hair was loo«<e, hanging over her shoulders. 
I have often tieen Mni. Jenkins. I could 
nov tel^i'Qu what her Christian name it*. I 
never oothered my head ab<)ut it. I 
wouldn't begin to state how MIhh Vail was 
dressed when I saw her on the wharf. Her 
dress seemed to me to be dark. 1 w;)ald 
not say whether it was black. I can't say 
whether she wore a hat or bonnet. I only 
noticed wiiat the baby worn, that she hud a 
iierlin hood. I hav<» been in Court pretty 
much all the time, i knew as much before 
the Court .sat ns I do now. I first told what 
I knew to a man ifimed Kilpatrick. wlij 
takps John's dinner to him. I went to 
Munroe'H Trunk Factory first, and stopped 
with him lor eighteen montlis. 1 then left. 
I am with oim now, I have been with him 
since tke inquest. I was engaged before 
withMunroe; h>>me weeks before I told 
Kilpatrick ; it wu itfter the inquest 
I went to work with . j nroc, and I am at 
work wiiili him still. ( .said that Miss Vail 
and Mrs, Jonkin* resembled one "lujther : 
cannofcsaywhf 'jrthej reser Med one an- 
other in heiftht or in tf 'i c.ior of the hair 
or in complexion, or lether their teetli 
wore alike ; can'twv w '.ether Mrs. Jenkins , 
wivs a foot higher; -.md the last time, to 
my certain knowledjie I saw Mi-^s Vail 
was on the wharf; will not be too nositive 
now ; won't swear now. I won't sweur tj 
any article of her clothing, whether she 
had a lionnefc or hnt or hoi)d, or whether 
she had an umbrella in her hand : will 
swear she had not one over her hen, I. 1 
think she had a sacque on ; cm sny it vas ^ 
gray, but will not swaar to an article of her ' 
clothing. 1 will not andertake to pay she 
had on a blue sacauo or a red one. When 
asked again he sain— if it was a red one as- 
suredly I would remember it ; won't swear , 
she had it on at all. I said 1 thoug'it it . 
was on a Saturday night; know Hallow- 
e'en is in the end of October ; that I came 
down from Brundage's Point— won't say 
positively. I was in the habit of coming 
down during the week for things for the 
man I worked with. This man was Mr. 
Charlton. I will not swear that 1 was not , 
with him on the .second of Movember. 
I don't know what.Mr. Charlton's Chris- 
tian name is: asked what Miss Tail's 
name was ; never asked what Mr. C.'a 
Christian name was ; it did not suit me. 
Wouldn't be a bit too positive that I was 
not at BriMidage's Point, In the employ- 
ment; of Mr. Chartlton that day ; will not 
8W6ar positively tbat I was not. Wiil not 
swear that I was not at Brundage's Point 
in the employment of Mr. Charlton frooi 



^i^mmf 



mmmm 



IM 



THE TRIAL. 



ber ; would not vw^ar to th« tlm« I wao 
there at all. The question was frequent* 
1 y repeated, and be always HaUl bejrould 
not swear. He again said, I wascVrtain- 
, ly on the wharf on Nov, 2iid. I was not 
up there all the time from October ?l7th 
to November 9th. I eamedown on rjat- 
' iirday nieht ; did not swear that I would 

not say that it was on Saturday night I 
V, came down. I ottma down every Ssturday 
night but one; that was not ^he one. I 
will now Rwear that I came down that Sa- 
turday night. There was something par- 
ticular about it— it was Hallowe'en. Don't 
know where I was on Sunday. Know I 
was at home, for I g-enerally spend Sun- 
days at home. Went down to the whdrf 
that morning just to see if any one I 
knew was going away. I just think It 
was a dark, heavy morning. There was 
nothing particular to direct my attention 
to it, only I bejjan lately to 'try to re- 
member what sort of a day it was. This 
was more than a month ago ; it may be 
R.x weeks ago. It did not take me very 
long to remember it. Hearing of this 
event I then l>egan to think what sort of 
a morning it was. Until latelv I never 
mentioned this to any one but iSlilpatrlck. 
Wouldn't be too sure that she went on 
board tho steamer, and won't swear it 
was Miss Vail. I said idin't bother my 
bead about who she was wheto I saw her 
go down, and did not notice particular- 
ly ; it was a kind ot bother to me, and I 
commenced thinking about it ; can't say 
when I commenced thinking. 

What set it bothering your head? 

I ca^i't say. 

r don't ti)ink it was six months after : 
I don't think it was torec months, or as 
much as two months^ It wasn't a bother 
£:t all. It may be about six months. I 
can't say whether I was at work or not 
at the time. I was in St, John at the 
time. 1 can't say that either, for i some- 
t (lies went away. 

To Mr. Thomson : I knew Mary Alice 
Jenkins intimately, and seeing a strang- 
er with her, I askud who she was. Mary 
Alice was not grown up at that time; I 
took her to be 16 or 17. The woman I 
fiaw going down the wharf had a child in 
lier aiun.«. The face seemed fairuHar. 
That was what cause'^ me to reflect on it 
' nftorvvards. i saw the face of the child 
'' turned towards me. Munroe passed me 
at tbe corner of the freight house. That 
was bet'oro I saw her, i do not say they 
, were together— both went in the'^direc- 
t on of tlie boat. The passengers 
v^ jnt into the iioat that day from the 
I'oats — from the eud of the wharf. That 
Avas the direction they took down the 
■vvharf. I ttrst mentioned this to Kilpat- 
rick. This was after the inquest. 



Mr. Tbomwm : Then Ik aAroek you tliat 
tbiagirl that was aupposed to be mur- 
dereu was the girl you saw going down 
the wharf? 

Yes. From hearing Mr. Munroes 
story I was led to reflect on the subject. 
He (Mr. W.) wanted rae to say that I 
worked up at Brundage's, from October 
27th to November 7th. I can't Say I 
worked the* s all that time. I nevor re- 
collect going np to the Point In the nine 
o'cloek boat but once, m^d 1 am not very 
sure of that once. " 

WIIililAM HOWARD, 

sworn. I know the prisoner, I knew 
Sarah Margaret Vail, of C'arloton, by eye- 
sight. Four or five years ago I was fin- 
ishing a house in Carleton- -John McKay 
and myself. The bouse is right off tlie 
SteamtK>at Wharf. Slie was pointed out 
to ine. When I was working at the 
K%uud House, about two years ago, I 
often saw her. She used to take a walk 
up as far as the Tower. I ol'teu met her. 
I knew where her father lived. I can't 
say that she lived there. She ws a fiue 
looking girl. I think her hair was dark 
brown— I did not notice the color much ; 
It was very glossy. The last time I saw 
her was Sown at the Steamboat Wharf. 
It was a dark, wet morning, it w^as a 
Monday morning. It was so w^t that I 
could not work outside. I live not far 
from the wharf, in St. Andrew's Street, 
near Queen Square, and when I am 
not at work I u^iually go down tosee the 
boat go away. 1 saw Miss Vail on the 
steamboat and Munroe standing beside 
her. I saw her going down tho wharf: 
my nephew was standing beside me, and 
nsked me if I knew the girl. I saw John 
Munroo at tlio head ot the wharf. Sho 
had on a black dross and I think a grey 
(;app. and sho had a child in her arms. 
The passengers went aboard that morn- 
ing from tho wharf right on to the saloon 
deck. Munroo was at the head of thf 
wharf. He stopped talking to a man, 
and after that he went down and went on 
bonril. I recollect well what the child had 
on .Slie had the cliild on her left arm, and 
it had oa a red and white Berlin hood. I 
think it had a rod cloak on, nut I would 
not be sure of th«t. The arms hid it. I 
took it to be a cloak. It wa'i something 
red. I said Munroe stood beside her on 
the deck, and they went down below and 
I saw nothing of 'them after that. I vol- 
untaHly sent word to Mr. Munroo what 
evidence I could give. 

To ATTonNKY QKNKnAii: It was three 
or four minuter before the last bell rang 
that I saw Mr. Munroo go on board tho 
steamer. He did not go down with hov 
tcjho boat. She was before hinr and iij 



TilBtBIAL. 



108 



»u ttiat 
mur- 
dowu 

nroe'a 

abject. 

that I 
)ctober 

isay I 
v^r rc- 
-.e nino 
ot very 



I knew 
byeyfi'- 
was firi- 
McKay 
off the 
ited out 
at the 
i ajjo, I 
Q a walk 
met her. 
I can't 
"-S a fine 
vas dark 
ir much ; 
[lie I saw 
i( Wharf. 
It was a 
yet that I 
not far 
s Street, 
en I am 
to see the 
i; on the 
ig beside 
3 wharf: 
ine, and 
taw John 
arf. She 
U a srey 
ler artns. 
at inorn- 
le saloon 
ad of the 
a man, 
went on 
child had 
arm, and 
hood. I 
I would 
hid it. I 
iiictliing 
\e her on 
lolow and 
I vol- 
iroo what 



it. 



was three 

bell ranj; 

>ottrd tlie 

with hov 

n\t and LiJ 



was M eloM ^^h'tl^^ im tbal dsril* K* 
WM half the length of the wharf flrom her 
when he started after her. I was stan . 
ing on the other side of the wharf"' 
knew her well. There were plenty °' 
people going down at the same time! 
acme close (o her, some ranning, some 
walking; butnooae with her. I was at 
the lower end of the other side of the 
wharf. I saw her a long way ap the 
wharf. I was about thirty feet from her. 
I was not at the end of the wharf— I was 
about twenty feet from the end. There 
is a railing all the way down at each side 
of the floats. J was at the South side, 
she was at the North side. She was not 
more than tour or live feet from the rails 
on the North side. There was a great 
crowd going down., She was walking 
slowly and looked twice behind her. 
Munroe overtook her just as she was 
going on board. She went on board 
ahead and he was two or three feet be- 
hind. I am positive he went downstairs 
in the boat— I can't be mistaken on that 
point. I did not see him after. I think 
tliere was not much difference in size be- 
tween Uisa Vail and Mrs. Crear. I am 
satisfied there was not a half head be- 
tween them. Mrs. Crear's hair was the 
darkest. I never observed her teeth at 
all. The boat was a little higher than the 
top of the wharf. There was a plank 
from the wharf to the saloon deck of the 
boat. I think it was about high tide. I 
can't tell exactly what day ii was. 

Q.— Supposing high tide was half-past 
eleven, would the boat havo been in that 
position at eight o'(;lock? A.— If the boat 
remained thereuntil ten o'clock then she 
would have been twofoet higher than the 
wharf. I Btate it would be high tido 
about ten. 

The Attorney General produced the 
Almanac to Hhow It was high water at 
noon on November 2nd, but witness per- 
sisted in saying lie was not mistaken. 
He could not tell whether it was Novem- 
ber or October that ho saw this take 
place, but he was satisfied it was on a 
Monday morning. 

To Mr. Thom.son: My nephew went 
home to Bristol about «ix wt^eks agp. I 
am sure this was on a Monday mornmg. 
It was in the fall of the year. There was 
a groat rush from the South side of the 
wiiarf to the North side. The boat was 
a little higher than the wharf. The pro- 
menade deck was aboUt tuc level of the 
wharf. I noticed the plank right upon 
the saloon dock. It wax erected from 
the wharf to the promenade deck. 

This was the case for the prisoner. 

It was now half-past four o'clock. Mr. 
Thomson 'asked that he should not be 
pressed to comnicugc his address to the 



JqiT now. Re vsnitd Ubi*^ to ooOalt 
tbelmmenaejiMn of taatimony, ao f» to 
put the case of his client fairly. He 
would itotoooapy more fiian the fore- 
noon. 
The Attorney General wished to have 

Sermlssion if he desired to produce evi- 
ence in the morning to contradict the 
evidence given by Howard, and to show 
that by no possibility conld the boat have 
been in the posttion he described on the 
morning of November 2nd. 

Mr. Thomson oblected to the admission 
of such evidence, but the Judge thought 
he would admit it. 

The Court then adjourned ).UI Thurs- 
day morning at 10 o'clock. 



THURSDAY. 

mux n. muB, 

a witness who- was reloaed admittance by 
some of the constables on Wednesday 
afternoon, was called by Mr. Thomson, and 
said : — J am a shingle maker. 1 have known 
the prisoner for 86 years. As &r as i 
know ho was always mild and inofl^nsive. 
/ never saw anything vicious in him. Was 
much surprised when I heard he vras ar- 
r^od. 1 could not believe it. 

Mr Thomson next spoke of the iraputa- 
tion thrown out by Calvin Powers that 
the hair put in his possession in order 
that he may try if it could be matched, 
was cut or t!\m(*ered with in some wny. Mf i 
Munroe, father of the prisoner, had sworn 
that he had not cut the hair, and he was 
prepared to put on the stand Mr. Jordan, 
m whose possession the hair remained the 
whole time. The Attorney General said 
that Mr, Thomson's statement in the case 
was quite sufficient. 

Mr.Thomson then proposed to read a tele- 
gram he received the night before; to 
this the Attorney General objected. The 
only way Mr. Thomson could now put 
any fact before the Uourt was by aflida- 
vit. After some time it appeared that thi» 
tolegram and another received this 
morning, referred to a witnms who 
was supposed to be able to give import- 
ant evidence — a farmer from Sussex — 
who was then in Court. He was called. 

BDWARD PRICK. 

I got a lady last fall a year ago at the 
hood of Looh Lomond. I was coming to 
St. John to market with my son from 
Sussex. We call that the back way. It 
is the w»iy I always come with my team. 
I came now to town on my own busi- 
ness;^ I was attending to it v/hen you 
sent for me. She camo into Mr. Craw- 



1 



focd'asooa aftanlgQtthore {this I 'Ixink 
iitlt the nead of Lake Lomond,— It is at 
the head nf the big lake, ftnyway. It Is 
where I always stop. She said she was 
waltlDf? to come In on the mall. The 
mail did not como along. iShe had with 
her a small child, from nine to twelve 
months old— a A-ery small child. She 
told me she would pay me to bring her 
in; I said all right; I would not allow 
the lady to walk, in at an^^ rate. Ou the 
way in she told me— 

Attorney General objected that what 
she said should be Ktatcd. Evidence as 
to her name admitted. 

Witness: The impresfilon of my son 
and me after we heard of this case — 

Objected to. 

witness : My impression is she called 
herself Mrs. Clarke. I am a poor hand 
at describing. She was a lowish si'/ed 
woman, dreseod in dark clothes, a black 
straw hat with dark ribbon, I think, 
crossed over the top of it. I don't know 
any more. I brought her into town to 
where the old hay scales were, near the 
Golden Ball. She got off there ; she said 
she would be in the market in the after- 
noon or morning and pay me, but I never 
saw htff after. The child had something 
like a tippet and a Berlin hood of white 
and red ou Its head. We talked all the 
way in. 

To Attorney General : I can't toll what 
day I left home. I can say what day I 
got home again. I got to St. John be- 
iween four and five o'clock in the after- 
noon ; I don't know what day of the 
week it was; I don't know if it was 
Saturday — I am certain it was not Sun- 
day. It took me from the afternoon of 
one day to tlie next eveninu;. I can't tell 
what day I got homo, but it was the night 
of the big snow storm. I got to St. John 
one afternoon, stayed here xintll the next 
afternoon, and vradied home the follow- 
ing night. That was the big storm that 
remained right on. I don't know tbct I 
can tell what month that was. Craw- 
ford's is about four miles above Bunker's 
right up the shore rond. I can't tell — it 
was on Saturday or Hnnday I saw this 
woman. I am ponitlve I was not a Sun- 
day from home. It could not have been 
on Saturday, i wouldn't state that i left 
home the next day after Sunday. It 
took me. a day to come from home to St. 
John. 

Q —Can you recollect whether this was 
in the end of November? A.— It was 
late ; 1 do not think it was the beginning 
of the month. \ 

To Mr. 'Thomson : I am sure I did not 
reniain over Sunday in St. John. It was 
jn the fore part of the week. To the best 
of my knowledge it was on Tue.sday, but 
can't be certain. 



TO^^IAb 



Mr..Ikelf«gHthtniaidi»ci tmit m ^m 

... \ ,,{1 .''.ft ^"r- 
GEKTLKMIK OF TBI JCAT;-U BOW bcCOOKt 

ray duty to, address you upon the most import- 
ant ou« ever tried in this city and ooaaty : im'- 
portant for the individual interests involTr^ 
and the great interest it has excited in the eoiu- 
munity. I am satisfied, gentlftmen, tbatyoa 
will weigh the evidence carefully acd well, and 
that, should any doubt arise, you will xive the 
benefit of that doubt to the prisoner, and will 
lean to mercy. I have already spoken to you of 
the unsatisfsotory state of our crfniinal law, I 
raido my voice onoe more against it. I would 
rsuse my voice in my dying hour did the thought 
then floi^ii across my mind, against its luons' 
trous cruelty and in)ti8tice. It is not my duty 
now to argne the question of capital punish* 
men. Respecting that.and the right of <«ny .state 
or court to inflict it, we probably all hold dif- 
''orent opinions, but it is an awful thing far any 
court, for any set of men in cola blood, by any 
maohinery of law, to take the life of a fel- 
low being. If you, gentleman, find a verdict of 
"guilty" in this ease not oae of you can escape 
the responsibility of so taking the life of a hn* 
man lieing, and when the scaffold in erected, and 
the bell is tolling, and the rupe is placed on the 
neck of the victim, in that drend hour not one 
of youoau eacapo responsibility for what is done. 
If. gentlemeut yonr conscience Justifies you in 
such a proceeding ; if you can reconcile this 
taking of life to your oonscienoe?, then let that 
rest between you and your God. Thank Qod 
no such re8pon«>ibility rests on me. I have dis- 
oharged my duty in this case to the best of my 
humble abiliUss. If I hod known thai^ this case 
would be conducted as it has been, I would 
have shrunk from the responsibility of under- 
taking the defence alone and unaided : but I 
little dreamed that such a course would be 
taken, and that every corner uf the country 
would be ransacked for every witnos* whoseevi- 
donoe could in any way tell against the prison- 
er. I thought it the duty of the crown as Parent 
Patrxn to t<how as much anxiety to >)£tabliih 
the innocence of tbo prisoner, were he tnnocent. 
OS to establish his guilt, were he guilty, buttuch 
has not been the course taken. While I admit 
that the greatest courtesy hns boon shown to 
myself personally; 1 must protect most solemnly 
against tho manner in which the ease has keen 
conducted, which falls little short of b^ing posi- 
tively blood*thiri>ty. The Counsel for tho 
prosecution asiumed the guilt of the prisoneri 
and appeared to think it their duty to obtain a 
conviction at all hazards. Such is not their 
duty. This is the first time 1 have over seen a 
ooae so conductedi and I hope it will be the 
last. It Is as much the duty of the crown to see 
that the innocent escapes as to itee that the 



TUfi AUK 



105 



1^ itrr"// 

tecomet 
import' 
ty; im- 
nvolvr! 
ho eom- 
tbat yoa 
rell, iind 
(jive the 
and will 
to yoa of 
llaw, I 
I would 
s thought 
ts uions' 
, my duty 
I punlsh- 
«n> state 
bold dif- 
ig far any 
id. by »ny 
of a fel- 
yerdict of 
lan escape 
e of abn- 
ected. and 
oed on the 
ur not 00 e 
at is done, 
ics you ill 
incile this 
an let that 
hank God 
bare dis- 
est of my 
t tbl« case 
I would 
of under- 
ed : but I 
would be 
countiy 
hoee evi- 
be prison- 
as Parent 
<)ttabliih 
innocent. 
', buttuch 
lel admit 
showu to 
jHoIemnly 
has l^oen 
i<?in» po?l- 
,1 for the 
prieoneri 
,0 obtain a 
not their 
iver»e«na 
ill b« the 
t-own to see 
that the 



puiltjr b« vttrtiaked. Mattr b««r tkineMtliM 
been onnddwed. Nnt a tintie nieoe of evidence 
that oottld be reftatpd wan admitted for the pri< 
srtner^with the ezooption nf Hasey'o oertificate. 
whtohetated do more than Mr. Hafiey hi mself 
woDid have stated had they been obHcred to put 
biiu upon the staad— the utrictesl rules of evi- 
denoe ««re enforced. When the prisoner's 
fiither, John J. Mnaroe. wax on the stand, the 
AttorneyUeneral queNtioned him re!<|iectinK 
(Joorge Wilde. By strict rule of lnw J was in 
consequenoe entitled to get out the whole facts 
I thought the Attorney Oeneral's reason for 
pnttinjt such questions was that h« intended to 
put Wade, on the stand. Mnnme stated all 
the fiots — admitted that be had brongbt 
Wade on from the States, believing that he 
o-^nld Bive evidence favourable to bio. If Wade 
did pretend thit he »aw the yonctc woman in 
the boat, and did take Munroe's money when 
in reality be had not seen her» whp.t must be 
thoughtof him f wnat must be tbougbtofhis 
character, whether they supposed that he con- 
•ented to swear faNely. or that •be now 
avoided telling the truth ? In order to prepare 
for the Aourse which he beli<^ved the Attorney 
•general intended to take, he propoKed to olace 
the mother, wife and daughter of .Tobn J. Mun- 
roe on t*ie stand to corroborate his "ividencc. 
Ho knew that their testimony was, strictly 
speakinf, inadmissablij ; but he thoURht that 
under the eircumstanoee no objection would be 
msde. Did the Attorney General admit this 
evidence? No. The testimony which he offered 
to vindicate the character and sustain tho evi- 
dence of John J. Mnnroe was excluded. Even 
the hunted hare ia not run to earth without a 
fair start: but the law officers of the crown seem 
determined to fasten their bloody fanirs 
at once on the prisoner, and at all hazards send 
him to the scaffold. I ask you. as the prophets 
of old. to stand between theprisoner and that 
ycafT^ld. I feel called upon to mnke these ob- 
>ervations. The cause is no light one. If it 
were a mere matter of money to be gained or 
Jo8t my languRire may seem too strong. But 
The lift of a husband, a father, a son, is in my 
hands, and I ctn not iu«tify my taking any 
<ither course than the one I am taking. Ag/tin 
I must say that our criminal law is in a most 
nnsatisfactory state, and is a disgrace to the 
country. Is it oonxistent with any idea of 
justice, any sense of fair rlay. to put men in 
the dook, bound hand and foot, and compel 
them to be siient, while their lires ore sworn 
away. If aeain.»t.one of y<.ur own children a 
complaint were made by another child, would 
yoa condemn it unheard? You would bo 
derelict in your duty to yourself, your child 
and your country did you do so. Takec\re, 
then, what you do when tho most dreadful 
punishment in man's power to inflict is to be 
inflicted, when the one possetsion which men 

lu take away but cannot, give back, i? at stalte. 

1 say this state of tho law is monstrous. It is 
now the year of our Lord 1869; nearly two 
thousand years have rolled away since our 
Saviour came on earth to establish a code of 
mercy, and now men put their hands upon a 
book and swear in the name of Chrixt. of Him 
who came to establish a law of mercy and love, 
.ind proceed to determine >rhether the life of a 
fellow being shall be taken away. It is a shame 
to our humanity, a foul blot on our Christianity. 
I ask. I implore each one of you, as you value 
happiness, as yoa hope for salvation, to lay your 
hands upon this law and say to thisOourtand this 
country that while this law exists no man's lite 
shHlI t)o taken by your verdict. That when the 
.-iccii-<>d is allowed to speak for htmself, then. 
uDd Mjt till then, yoa wid a>:quire into and pass 



jn4«itoettlap«RrbartMM0lia#«1H8. L«Aft^flf 
man of evidence. Take the evidi-fiee «r MW 
Crear. and eb^rve what a feelin* perm^es it. 
Whiles man's most malignant foe- may go on 
the stand to swear awav his life he is foreed to 
be silent Is this f lir T In it iu^t 7 I appeal to 
yon not to consent to pass jidfrinent on the 
evidence offered to you until tt)i.> most iniqui- 
tous law be sw»pt from the Statute Book. It 
iff bad enough when a person is E«>nt nnjnstly to 
the Penitentiary. The law then may make him 
amends and restore him to society. After you 
have rendered your verdict, and the Judgeba.^ 
pai>sed sentence, and the hangman has done his 
duty, and the corse is out down, and the out- 
raged earth has taken it to its bosom, what re- 
paration can be made? Th^re is no more dis- 
graceful record than that of th > criminal trials 
of Great Britain. Tbelf.ws which were so ad- 
ministered had their irrnund work in ferocity for 
Which they might find some parallel in the Oxt 
Testament, but certainly none in (he New. It 
was death for murder, death for arson, death for 
robbery, death for stealinir any sum biicrher than 
a shilling, death for fraudulent titatements by i\ 
bunkrupr, death f >r eyerything. and such 1,iw8 
as those were carried out by judges andjurieii, 
and the I w. mercit'n) in thi.s as in other 
respects, refused the prisoner the poor benefir. 
of counsel. When f was a student counsel wna 
not allowed to luidress a Jury on behalf of a 
prisoner. Could anything be so monstrous. 
You can hardly believe it. I can now hardljr 
realize it myself. The time will nome when the 
present scene can bardiy be realized : when it 
can hardly be imagined that counsel begged uf 
ajoryio stand between a silent prisoner and 
voluble prosecutors. This case, gentlemen, I 
confe.^, is shrouded in myttery, which I can 
not clear up, which, perhaps, no man can clear 
up until the xecrets of all hearts are disclosed. 
It it is not madu clear as the sun-light buw 
dnre you take away thut man's life? I deny 
tbar. you have any such right. The mystery 
which surrounds the'ca:>e but resembles themy^' 
tery whieh surrounds ' the proriccution. tho 
management of which I never saw piirallelf>d. 
When the prisoner had been arraigned, and <i 
day fixed for the trinl with my consent, without 
intimation to me or warning to the pri^oneii 
the court waa adjourned. 

Thr Jupoe.— I take tlvb responsibility of thaW. 
Mr. Thomson. The Attorney General had no«!' 
thing to do with it. <,, 

Mr. Thomson— Then the responsibility must 
rest withliis Hunor, and I ueny his right lotako 
suchacour^e. I piotest aifuinst it. No Juogo 
has the right, no Court the power, to oonduot 
.such matters in secret, It is the pride of Bri- 
tish justice that everything is open and' above 
board, nothing conoeitled ur concealnble. His 
Honrr the Jidge probnbly aolod for reasons 
whiou seemed good to hinr, and which I do not 
impugn, but I pr'^toU aitain'-t this mystery. I 
waseniitlod to know overy reastm operating 
upon thto mind ot the Judge or o> the 'Attorney 
General, everything atfeciing tho proceedings 
or altering the constitution ot the Court. Was 
not all this most unfair, Axain I implere vou 
to stand l>etween the prisoner and all this mys- 
tery, and all these efforts to socure his convie-* 
tion. Another peculiarity of this cabO is, that 
it rests entirely upon circurastiintinl evidence, 
the very worat evidence thiitciin stand against 
any num. It has been asserted thiit oirounistan- 
ticl evidence may (>o the Ftrougost and most re- 
liably, and I believe that the Judge in his 
charge to the Grand Jury expiesscd such views. 
From these views I entirely dissent. Circnm- 
stantiul evidence is must dangerous, unruliable. 



1 



KM 



THE TRIAL. 



filMiNg. IwMitnyriNdtolMarMr.TMfcibirtkAWifioMdd Mkte wMMlwftf hirliM- 
9 ttit cUreniMtu»i»i srideiMcu ttromiw ! brnd. sad Ui« miDiaiar wm «mTku4 .Mid Mf- 
aa atr«ct •vidcnoat Mid I sm BoMurethat! teoeed to impriMnmsnt in a DmitraUary* H« 



1 I 



Jaa diract avidanoat Mid I am sot aura tbat 
Hu Honor tha Judce did not two almilar lanca- ! 
a*t, baoanae it may bappan that peraona would ; 
suppoM tbey saw otben oummit some oriiua I 
and yet ba mMt>il;eii. Thnt sbows bow weak. I 
wretctied unti tuliible i< all buinan testimony ; ; 
but ia tbut a reanon why we shoald rely upon | 
vtUer evide;ico yet roitra wretobed and unreli- ; 
utile? if the iiroseoutins counsel admit tbat | 
direct evidence it* so unreliable, how, in the ' 
nnme of God, oan they ask you to tind a verdict ! 
wUea this uircuuistuntiul evidence u mado up I 
ofdirect evidence, end when, if one link in tbe I 
chain is wnntii g uoniinuity is Kone.CiroutnstHn- I 
tial evidence iseimplv i> i^uuiber otlinKs proved I 
by direct evidenuu, and frem that you are called ; 
upon to form u cc'nolu8u>n. From fallible evi- j 
de«>co, an infailiule conclusion I Oh I most; 
hideous reaMoniiiK, <Jh I uiost awful purvarsion ; 
of lustice, which <-ends a man fiom his hume to | 
a feliMi's ecatio d and a felon's grave. It is uiy i 
duty to point out to you a number of oases in I 
which circumstautial evidence utterly failed. I 
not indeed to send viotims to the tomb, but uia 
terly tailed to do justice— oases in which th- 
wroDR men wore convicted. What right had 
they to suppose that ibis was ah exception to 
the rule ? ihe learned counsel then read seve- 
ral passages from the work of Vv'ilU on cir- 
cumstautial evidence. In pane 42 this author 
appears to statu that oircumstuntial evidence is 
inferior in cogency, and lesi^ oouulusive than 
dir<M>t evidence, and to regret that language of 
a directly contrary toodeucy had been used by 
authuiirios »if uu mean note. Hueti 'auguage, 
said Mr. Thomsim, has been used in tbiii Ouurt, 
and against it I uiUbt emphatically protest. One 
caiio referred lo was thut in which the Ai.uo 
Domini water mark on paper, which wasufuaily 
held to be conclusivu evideuce, wns shown lu 
liave been put in iho year boiore that whose 
date it bore. iSow there, the lenrued counsd 
Continued, i.s a tact iu iliat most ineluiicholy re- 
cord that, lime iificr tiuia, men wo:e sent to the 
scaffold for forKt-ry, and it whs now known that 
many of them had b<:en ooudoiuned utiju.Uly. 
lie also cited trora the hamo wurk the case of 
Kir T. JJavenwort, whu, attaoUo.1 and rob- 
bed, swore that certain parties robbed him. 
I'urtunately they Hucciwied in proving an alibi. 
bjiue time after robberAvtro arrested, in their 
piMsession was found the property stolen from 
fiirlhoma:^, and it v/us nscur'^ained that they 
wore the men WHO robbed him. Ho gave com- 
pensation to tlie men he bnd unjustly accused. 
Baroii Aldcr.ioii aliid found it uccesr<ary to cau- 
tion Jui'ors, in language which the counsel read, 
against placing too much reliance upon oircuiu- 
stati tial evidence, and allowing them-oeUos to 
. be so carried away as to supply any link that 
may be wanting. Can I use btronger language 
in behalf'-of my client than Baron Alderson 
u^cd when charging a Jury in England, Al- 
though Legii>liitures have not seen fit to alter 
tha law of evideuce, Judges have seen the ne- 
cessity of thus cautioning Jurors. Kuviowers 
und thioKars of every class begin to see the 
nec< ssity for a chsnue, and tbe dav will soon 
arrive whan it will be altered in Englaad. I 
hope it will s(>on bealtered too in thu Liuminion. 
Take the ca«eof a cUrgyman and his wife which 
rMceutly excited su<;h attention in Kngland. A 
clergyman and his wifo travelled iu a railway 
carriage with a yo'ing woman who, at one of 
tue stations gavo the clergyman iu charge for 
having ounimiMed an indecent assault. lier 
evidence was most positive, and ttool the te^it 
oftuamost iievero oross-oxamiuuiion. i<y an- 
other OX tua me' ciful provisions of tbe Buglieh 



1 to impriaonnant in a D«ikitaat>ary« 
than taraad tha tabiaa on taa yoaa« woman, 
charging bar with peijary. In thia oaaa his wife 
was a ooinpetent witneas, and on tba a^idenoa 
of the two. which tha law requires, tba yonnc 
woman wa» convicted of perjury.Thus to the atar- 
nal disgrace of Bnglish junapindoDoe thesa two 
liarties were oonviotad at the sane aaalMSibafore 
the same- judge, each on the evidanoe of the 
other. The Home "Secretary could not under- 
stand such justice as that and the clergy man 
wac sot free, pardoned. There is now no means 
by which an innocent man can procure reversal 
nf a false conviction. If it is discovered after 
his conviction tbat ho is really innocent a royul 
pardon must issue, to a man guilty ot no offence. 
That is the law. If there is to bo any reform 
any where in our Jurisprudence the axe^shouid 
be laid at the root. If a man oin be shown in- 
nocent, the ronobinery for a aolemn reversal of 
the false conviction should at once be estab- 
lisbe<l. 

It is said that Sarah Margaret Vail was taken 
out by the uriitouer to the neighborhood of the 
Lake and there foully murderodt There is no 
pofitive evidence of this. Tha only evidence 
offered is circumstantial, but the case must be 
so clear that no shadow of doubt rests upon it 
before you would be iustified in fiading a ver- 
dict, against the pr<8o:ier. If this was Sarah 
Margaret Vail.whieh I deny, is it not consistent 
with all the facta that some other hand oommit- 
tcd the murder. The pro.-eoution may %ay, ac- 
count for this woman. What hare wo to do 
with accounting for her? Does the law impose 
ai.v such duty on us ? If we do not account for 
h jr is that » reason why a Jury should send the 
pri3oner to his doom ? Monstrous, Let us go 
further and reason 'he case calmly, if indeed in 
such a case it is possible to be calm. Is there 
any tesamony to show that this girl whom th«4 
prisoner drove out was Sarah Margaret Vail ? 
i'iiorc is no i<uch testimony. The only evidence 
on that point is his own admissions. Where is 
tho proot thiittbe Mi?s Vail bespoke of is Sa- 
niii .Margaret Vail ? No witness proved that. It 
romuins unestablished. Inferences won't do in 
.1 cojio like this. The fact mu»t be incontesta- 
hly proved. Neither Marshal nor Jones nor 
EtLiio said ihdt prisoner told ihein it was star ah 
Vlitrgiirot Vail. They were asked to inior tha'. 
It was without i* tittle of evidence. I do not 
ojro even if the evidence went to a point which 
would be HUtliciont to satisfy you in an ordinary 
l>usiue!!8 transaction, and to lend you to con- 
clude ibiit tiiid was .Sarah Margaret Vail. That 
is not aaou);h in such a cnse as tbis,whero life is 
at stake. If we sec murder cummitted and 
string the murderer up to the lamp post, we our- 
selves become murderers. The comt>act which 
binds society together requires that in such cases 
charges of onmephall be prove<l in courts of 
justice, by strict rule of evidenee. If tbe evidence 
fail, that moment the right ot Court and Jury to 
convict oea!<es. Moral convictions in t>uoh case 
cannot avail : there must be poxitire. coaelu- 
sive,uooonti-overted testimony. The next point 
fir your consideration is, were those remains 
Inund out there the remains of Sarah Mar- 
garet Vail ? Unlesis that is established 
by indubitable unoontroverted testimony, 
your verdict must bo nn acquittal. I 
■mow not how far the statements which have 
appeared in the newspapers, from time to time, 
may have affected your iudgment and in- 
clined you to look upon the evidence on all 
tliesu points with mindiii prejudiced against thu 
prisorcr, but I would remind you that justice 
suuuld alivays bo largely tempered with mercy, 



woaut 

ibUwife 
trideooe 
younc 
tk«*t6r- 
hese two 
w,b«fore 
)e of th« 
)t under- 
erRymaa 
to mo&nH 
) reversAi 
red after 
It li royal 

ofifenee. 
ly reform 
terahould 
ibown <!>• 
Bvursal of 
be estab- 

iras tnken 

ud of the 

«re is no 

evidence 

1 mast be 
a upon it 
ing aTor- 
wm Sarah 
eoasifltent 
d commits 
y Miy. ao- 

wo to di> 
liw impose 
«coant for 
d vend the 
jOC us ro 
indeed in 
Is there 
whom th« 
iret Vail ? 
y evideooe 
Where is 
„ of is Srt - 
e<i that. It 
von't do in 
nconteala- 
Jonot nor 
wu« iSftf fth 
intor thaf. 
I do not 
)lnt which 
■jrdiuary 
>u to con- 
Voil. Thiit 
lero life is 
nitted and 
oat, we our- 
»act which 
such cases 
courts of 
_,e evidence 
md Jury to 
buoh onso 
re. ooBclu- 
noxt (loint 
ise romaina 
iarah Mar- 
eatablished 
teittiinouy. 
quittal. I 
rbioh have 
me to tiuio, 
^. and in- 
lenoe on nil 
against the 
that justice 
with uercy. 



THUftUL. 



107 



ir, Iftbcpr^adiM 



lie miad antnat tat priaoati. ^ 

so ortaUd oava found their waj into the lury 
box, I entreat you to direst younelvea of tbem. 
I know how difficult it is tn divtst tho mind of 
prcjudieet once exeited. It waa bad enoaKb 
that etutements at variance with the laws of 
oridenoe. admitted at the preliminarv investi- 
KQtions by gentlemen not very veil ncQualuted 
with that law, shouM have been published ; but 
some of the paper? went oven farther than thi?, 
and even Hoineof the religious papers undertook 
to sum un the eviilencu, hold the dcale* of lui^- 
tice. woiirh the evidence, and decide adversely 
to the prisonnr. (liool God I are wo in a Chris- 
tain country 1 Did not tbedo writers knew that 
this mtin would have to undergo a trial on thi^ 
charge ? VVa« it riKht. was it fair, waa It Chris- 
tian« to laboi* thus to create prrjudico against 
hinj 7 Do they forget that the same Qou who 
giive the coinmanHttiont, ''Thou shall not kill," 
also comiuHuded "Thou shalt not bear faUe evi- 
dence HgaioRt thy neighbor?" Did they not 
know that although the old law was given 
amidst the loud and dreadful thunders of Sina<, 
a new and bettor law was ushered in under dif- 
ferent and vastly contrustiug circumstances; the 
one amidft tempests and lightnings, the hurri 
cuue and the whirlwind; the other in (he still- 
ness of a calm, cleiir nigot, when the shepherds 
heard the soug uf angel' and a babe lay in a 
uangor. The Uod who thuf came to save us 
Kave men a new cummandment which superseded 
tnedread|fulJewii<h law, and this Wiis "that hey 
love one anuther," Where is the lovut 
where thd mercy of these writers 7 AH is 
wanting; and yet these gentlemen are called 
Keveronu and Christian men I Have they ever 
thought of whut thoir Mustur did when a young 
man eatue to him and asked that he should 
cuuae his brother to re^store to him his inheri- 
tance, of which ho bad unjustly deprived him. 
Did He preoumo to hold the scales of jus^oe ? 
Did Uc venture to sit in the judgment scat ? 
What was His reply? "Man, who made 
me Judge between you?" They had better 
reflect upon tiiis cro they ventured lo tamper 
with the life of another follow creature. An- 
other point fur your considoratjou, gentlrmen, 
is this : Are these the remair.si of darah Mar- 
«aret Vail. Thid they havo utterly failed to 
prove, ii very medical man, except Dr. Earle. 
and he as Coroner, seems to think himself hound 
toaisi.-t in pioourin;; a couvictloui stated that 
there was not tho iliahtest clue inihorema'ns 
tu enablo thuni to judge whether tho remains 
are those ofamiilc or tenidlo. AH say the larger 
bones arc the remiau? of an adult human being, 
but more thun this they cmnot fuy. Will you 
on auch testimony take away life ? Forgot not 
ihi^ when ytu go to your Jury Itoom- it is no 
trifling mutter. I'he puini is one on which you 
have no right to nave convictions unless they 
are based upon the fullest and most conclusive 
evidence. It wiu not proved that the$e are the 
remiins uf i, leuialo, and a fortiori that they arn 
not the remains of ;£anfh Margaret Vail. Look 
at the circumstances ou which you are amked 
to saysoiaud weigh it well. For theconimis- 
Kion uf such a ciiine h* this there must be a 
u groat motive. Where is the motive? What 
object could the pri^ouer' have in taking away 
the life of this gill ? None whatever. It may 
be said that he had un undue i«nd improper 
intimacy with the virl. For that I offer no ex- 
cuse whatever. As a married mnn he bad no 
rinht to form such an intimacy. He should have 
ubstainod from suih ooouections ; but from the 
evidence of Urs. Crour it appeared that he was 
sensible of his fault and sorry for it. She says 
ho cried when she tp ;ko to him of bavipg te- 



bSSf apoahS. ^BUt mu r*lUatoCitM«td 
Boi •soano bia ooadnot. Soae namoa aiea 
would wiab to hide the faot of sooh a cunoeotion 
as this firom their wives and famillas. aod so 
may be tomptad to commit a rreater crime, but 
this motive was wanting here. Tho prisoner's 
intimacy with this girl waa known not only to 
hit acquaintances huta'sn to his wife and family. 
Some say ii was her money. Uoud Uod. her 
money ! Have you tioard the evidonce ? Can 
}>-ou imagiae that thin young man, stjuidinK hivb 
m his profession, overwhelmed with busiue."?, 
netting $:^K)0 to $tOOO a year, would take away 
life for such a sum as $500. is all decency ban- 
ished from the iiind, that such a suspicion can 
be harbored ? Why, the poorest boxgar would 
not commit so great a orime for so paltry asuiu. 
It is simply incredible. No one can believe it. 
What could have beau his motive? If be com- 
mitted suoh a crime. God alone knew it. ^'o 
humau eye hod seen him commit it. n'< human 
ear beard him, nor can human comprehension 
graap the motive that compollod him. Then 
consider that the man who intends to oominit 
murder chooses secrecy, silence, dark Be8i>, What 
secrecy was there in theconductof the prisoner? 
In broad day litfbt, in one of the priucipul 
streets of the most populous city of the Province 
he takes a ooaohmau off the standi drives to a 
hotel, there takes up this woman, thou drivoi 
out to tho Lake in view of the whole communi- 
ty. If this WAS a preparation for murder the 
aunais of tho world present no parallel to this 
cuSe, nor oould anjr one pi esent, in his wildest 
day dreams, have imagined any thing so prepos- 
terous as that be should thus, in broad day. haro 
gone to commit such a crime in the ligot uf that 
sun which at the instant should have been 
darkened. Good tiod 1 it is incredible. Tho onso 
of the Crown was that he contemplated murder 
when he drove out on Monday* Can you be- 
lieve anything like that? Why in the rame of 
heaven, or rather of the Prince of Darkness, did 
he not do it on that duy ? Tho roiul was then 
as deserted of passenKcrs as on the Saturday. 
That was proved by all the witnesses, if hii 
own .^tory wus not the true one, what took him 
out v>n Monday? Why wait an hour and a 
auartur out ut that place On his return to 
Bunker's he staccd openly in presence of Bun- 
ker, and without any attempt at conooalmcot 
that tUpy mount to go out again. I a»k you to 
say whether at that time he had murder in hi.) 
heart. Will voubulivoit? A miin having mur- 
der in his heart does nor. proclaim it ill this way. 
Was this tho conduct ot an innocent man, or of 
nneintunding to commit murder? You lanfX 
be satisfied that it w:i3 the conduct of an inuo- 
cent man. If he wished to commit this murdcr 
wny did ho not do it when they wore together 
in the States. In a large city like Uostou there 
were many onpurtunitios. They were strangers 
inastrauKo land. Mo one knew him or her. 
Completely under bis control, as she wus said to 
be, what was there to prevent -hisdocoying her 
into a place suited for such a deed, and then 
committing it uniier cover of darkness, 
if her body wore aftorwanls found no ono 
would Know her, H^ suspicion woulil 
ever fasten upon him. Can jou believe 
that he would bring thi« girl homv, 
where she anahe were known, and thou com- 
mit this deed. if«<.>. he should he in a lunatic 
asylum, tie certainly eau't be in his auusc''. 
Let us follow thif matter up. What dvios he do? 
He goes to FreUericion on the Thursday, and 
does not leave that place dntil Friday after- 
noon. It was late in the season, aud iirubably 
it was late in the night or early next morning 
that ho arrived in St. John. I want you to maik 



109^ 



Tm'mm 



tklfi especially, bee«n?e Murf BDieV iitAte4 that 
on Vrldftjr a gentleman naHed on Mrs. Clarke 
and'went to ber roum. There can be no doubt 
on that point, for when further qne#tU>ned by 
the Attorney Qoneral shesrid i^tie remembered 
the day nn that on which the hnd most work to 
do She said she did not know who it was. 
Who was that man? Certainly not thA 
prisoner at the bar. Who was this man? 
what arrangement wnp then made between 
him and the woman ? With this mys- 
tery surrouoding the case what riirht have 
jott to presume that the prisoner mur- 
'deredher. If he was so fooli«>h as te bring 
her down from Boston to this city, where 
every step ho took wns fraught viih dan- 
ger, why at loabt did he not make some at- 
tempt at conceal men r. Why did he not get a 
bug^ry as ho might have done and tako her up 
nt some street ourner and drive h«r to the place 
where he m'^ant to periietrate this deed ? but 
he did not do this. Did you ever hear atiytbing 
like this 7 He took the same hackm-m with 
him, and this man, Worden, says stopped near 
the place where the remains wer* foand. Wor* 
der looked back nnd .»aw Munvoe and the wo- 
m:in walking towards Collins'^, the man on one 
side, the woman with her child on the other. 
You must assume that they retraced their 
steps and went into that pUce. Am I misre- 
presenting the evidence ? That that is the only 
concluiiion you can arrive at, I can show you on 
this plan. He Buys he stepped there (pointing 
to plan). How 1 ng would that coach be in 
sight ? I assert it would be almost to the Forks, 
Before he could have turned back to commit 
murder in this place, the coachman must have 
passed the Porks. What time would tbu< ol- 
ajise? Say five minutes. He must have walked 
for that time towards CoIIins's and then retra- 
ced his steps. Now what sort of plaje was thnt 
to take a woman into for any purpose after 
those heavy rains. On4y two nights before 25 
per cent .)f all the rain of that wet month had 
luUen. Could hf have «rot a woman in thero for 
anv purpose. Wrtut would induce her to drag 
herself in there. Now there is a path, then 
there was none. Would she voluntarily go ii)t> 
that swampy, horrib'e hole. Incieditblo. He 
darent commit murder on the road and drag 
hor body in. That was too monstrous a hypo- 
thesis. How in the name of heaven did he get 
her in. Then remember th.itall the way on the 
right hand side there are woods ii: which a 
short distance from the road they would be 
thorouKhly concealed, and from which only one 
roHd need be watched. Yet it is said that he 
took her in between two roads and placed him- 
S'ilf in a position where he could be observed 
from two roads, fs this probable, is it credi- 
ble ? If he acted so, then he wns a candidate 
for the Lunatic Asylum. Take the evidence of 
George Bunker. Hesaysthut Munroe oame to 
the hoHse in half an hour to forty minutes after 
the coach. They should not allow a witness to 
stretch the time when they were trying a man 
for his Hie. but take the shortest time, or allow 
the whole time, the fullest time, what time had 
he to ommit this crime. The prosecution took 
piiins to show that after committing the crime 
he waited to cover the body with moss and t> 
cut branches to cover it, and thwi he hnd to 
walk tkree quarters of a mile. This could not 
bo done in le.<8 than fifteen minutes, nnd it 
seems incredible to me that he could walk that 
distance in that time on those bad roads. Then 
what w(U! his manner when he arrived at Bunk - 
cr'.s. It was caid that it was perturbed. Does 
the evirieneo show that hi? appearance was any- 
tbing but what a man would show after a rapid 
walk. Banker and Worden observed nothing 

t 



mttTP. Alltliat waa •ff*\nst him wn«, ttiht be 
said he wns in aburnr'to get into town. A man 
steeped to thellps in crime, who earns his daily 
breaa by taking human lite, whom long prac- 
tice in crime had rendered callous, could 
not be more calm in his demeanor after the 
perpetration of sujh a crime than the prisoner 
was. Will you say that he was a mnn steeped to 
the lips in crime ? Yet he must be if he could 
have done nil this, and if you believe thi' testi- 
inonr. When a man commits such a crime for 
the first time, he showd it in his looks, his man- 
ner, bis demeanor. He goes down to the wharf 
on Monday to get her luggage checked, aod ac- 
cording to the statement of Marshall, says he 
had just time to see Miss Vail, give her the 
checks, and say good bye. The law of England 
does not favour such oonf f sions as these. It is 
harsh enough, severe enwusth, cruel enough, 
without authorising its officers to crosa-ciueation 
and torture the prisoners in their cnstudyinto 
making confessions, to be used as wi'^ence 
against them. If the evidence of .John .1. Muti- 
roe and Potts is true, what can the public think 
«if the conduct of John R. Marshall, whose duty 
it is to protect the pri'oners when in his custo- 
dy—ho who had met this prisoner in the lamily 
circle, had known him from boyhood, had wor- 
shipped before the same altar with him, and 
under the guise of friendship entered his cell 
and said. "Now John, if there is any one in whom 
you should have confidence, it i^ in roe; I have 
known you and your fimily, and >our friends, 
and whatever you say to me shall bo in strict 
confidence." and then, when he had thus be- 
trayed his victim into confexsioi) immediately 
repeats what he htxl been toM to the nnthor.- 
ties, This is wliat John R. Marshall dir^. In 
iruiseof a serpent he obtained a confessio . and 
then betrayed the confidence of a man he ailed 
hisftiend. No conduct could be more despi'a- 
ble, mean and contemptible than this— nothing 
mor»horriblein a tlhristiun—nothing morerc- 

Crehensible in an officer of the l;i.w. He should 
e dismis.''ed at once, if hi^ evidence is true, as 
unfit for the position he occupies. If it is un- 
true, there is most wilful, delibcrnte, malignant 
perjury. Based on this statement is the whole* 
or nearly the whole of the evidence. I do not 
envy the feel incs John K. Marshall must expe- 
rienoeif his miserable, contemptible, sneakiiit; 
oottduct succeed in making a cane. He would 
succeed by prostituting friendship, and at the 
expense of respectability, and he was goinir to 
say of character, but he had none to lose. The 
man who could pay such a price to secure a 
conviction was entitled to little credit in any 
community. He admits that he touched Jones' 
foot when Mun roe was making that stateraeni.. 
If this wa.i accidental, ns Jones said, how wou d 
it have impressed it<*o'f on the mind of Jone?. 
If ho accidentally touched the foot of one of 
the jury fn pas.*ln«r would either remember it 
half an hour after? If it had a sienificance, then 
it was what I charged. Let us now pursue ihe 
thread of this reasonini; It is said that he got 
the trunks put on board the steamer. Nowhere 
wos another most extraordinarv feature of the 
case. Ii he was guilty he must have the checks. 
What so ea.sy as for liim to ko t^ B.)8tcn, ^ehd 
a messenger from any hotel with the ohecas and 
get the trunks. Ho could easily have found a 
satisfictory pretext for the journey. Would not 
a guilty man hare done that ? Would be not 
have removed such evidence of his guilt? Doe4 
it not show conelasively that he is innocent, 
that he had not done so. Athotber thing. 
Would not a guilty man have removed all tho 
clothes from the remains. All evidence ot iden- 
tity would have been destroyed then. No 
one ever knew u man act in such a manner a.s 



TU£ TRIAL 



100 



hi I'e 
^ niHn 
(daily 
[ prao- 

could 
ff ih« 
rl!»on»r 
ii>e(l to 

could 
4 tesri- 
itne lor 
a m»n- 
3 wharf 
nod ac- 
layB he 
ler the 
Inglond 
9. It is 
snouKbt 
lueation 
xly int'» 

J. Mmi- 
ic think 
nee dut/ 
iH custo- 
D lomily 
I ad wor- 
iin, and 
his cell 
In whom 
, I have 
friends, 
in 8trict 
thus be- 
lediatelf 
iin'hor.- 
dif*. In 
m\n , and 
Ihe a) led 
dtspi'K- 
-nothir.8 
more rc- 
e should 
true, as 
it is an- 
_ja.Ugniint 
le whole* 
; d(. not 
U8t cxpo- 
(inenkiui; 
e would 
at the 
Koin«r to 
■ise. The 
secure a 
it in anv 
jtl Jones' 
:ate'neni. 
jw wou d 
of J«ne?. 
)f one of 
ember it 
noe, then 
ur*uc the 
athcKOt 
^ow here 
re of the 
e check*, 
en, send 
iieciC9 and 
[e found a 
"oulrt not 
Id he not 
It? Doe* 
Bnnocenf, 
r thin;. 
-td alt tho 
|e ot idcn - 
en. No 
lanner as 



i 



hemiiFt have acted if be, iigai)ty, ImvinK nil 
the evidoncR itKAin!<t him Hotoached. The 
thinK is perfectly luoastroaf. Let oa follow up 
these oircuii)»tiincei<. The remains are toand. 
The Inquest in held. Munroe i-< the ffnilty man 
they ony. lie could have left while tneloquftst 
WHu betuK hold : no one would huve notieod hii« 
leHvinir, and in Boston or New York he could 
have awaited the result of the Inquest. Ifno- 
thiug came out to inculpate him he could have 
return«>d : otherwise be could have cunoealed 
hiuiKelf But whnt doe« be do? The Inquest 
g en oa tor eight or '.en days beforn any tui«- 

t>ioion. att4iched to him. Ho attends to his 
lusiness at the Kaol. ith<>wing no unnasinefs or 
trepidatioD or alteration in his manoer. Fol- 
low this up, (iuilt always hides it bead. Did 
be hide bi^ huad ? The moment it came out 
that the police were luokinc tor bis brother 
treorge. he came to me. Isaid.to bim of course, 
Munroe, you are inuooent. Go to the Coroner, 
tell him they are lookinK for tho wronic man, 
iuid (five yourEolf up. and he did so. Did you 
everhe.urof a guilty man who did a thins of 
that sort. Tbrouitbuut i|^o whole irvestigation 
there is no trepidation— no change of demeanor, 
{purely this ought to plead for the man. barely 
hid previous character nhould plead for him. 
The whole idontiticiiiion oi the olwlhiug re<ts 
upon tne evidence of iho two $<i«tcr8 Unce that 
they madeuD their minds that their sister WM 
murdered their evidence became absolutely 
unreliable, and they were ready to awear any- 
thing to convici Munroe. Take Mrs. Lordly's 
evidence. She is evidoatly a woman of 
Btrong fealingF. Her textimeny on that aoconnt 
should be taken with much reserve. When she 
carried her evidence to snob a piU'b of malig- 
nity she should be watched. Perhaps she 
meant to tell tho truth. No doubt she did. but 
what she said witn regard to the trunk, I have 
shown to be untrue by the evidence of J.J. 
Munroe, who was not at Mrs. Lordly'a until 
Tuesday, whereas the trunk was taken away oa 
Monday. The evidence cf Xnowles made the 
contradiction complete and overwhelming. 
I ask you in common decency to throw aside 
her evidence. Now oomo to the evidence of 
Mrs. Lake. She admits ihatsbe saw little of 
Mrs. ClarKC, but in her desire to fix tho oharpe 
on Munroe, she swore positively to thec^iid'u 
drefis. When a woman carries evidence to tiiHt 
piteh it is time tor Jurors to hesitate. I oould 
not believe it. She saw the statements in the 
papers, was ratified of the guilt of Munroe and 
was prepared to swear anything. Mary filaok 
knew so little of oolour;^ that she called the 
trunk yellow, yet positively identified several 
articles ns having been worn by the woman and 
child. She tiwore poAitively also to those bends. 
A peculiirity of thiin part of the case was that 
the beads were loose, and those fonnd were not 
only stroDg, but had a olaap. This is conelu- 
aive testimony that the child was not Mrs, 
Clarke's, bhe had no time^to string the beads 
before she went out on that Saturday morning, 
and certainly no time to get a clasp. If other 
circamatasees were againn the i^rfsoner these 
were in hi* favor. The identlfieation ao fares 
based npon the beada fatla almoat eoaelaaively 
and the facts tell againat the oaae for the Grown. 
Mrs. Olive produned a child's aklrt which she 
said was a particular pattenii and by thia she 
pretended to identify Home of the other artioka. 
Mr. J. J. Munroe disovereed a pattern precisely 
the same. The other skirt I obtained only the 
night before last, and. be had no time to look 
for a similar pattern. Any lady would say it 
was a oooimon enough pattern. This shows now 
people will swear. Mra. Dykeman and Miaa 
Campbell did not preeuae to identify any of 



thoae articles and only said thoy looked like 
the articles. I call on you tu recollect that the 
materiaU are common and any other woman 
may po«se»s similar articles. There is not a 
tiule of evidence to prove that the remains are 
those of Mrs. Clarke r Miss Vail. With regard 
to the irrezulariiies of the teeth ve have it 
in evidence that iuch irregularities are 
verycmmon. Why was not Mrs. Jonkiof, sU- 
ter of M;ss Vail, produced when so mnuyuther 
witnesse.s wern>>rought up, Dues not this omia* 
si'in seem strange. V.'hilo they i-ent ii> Uostoa 
fur witneii.sw renpectiBK the tnink, one mostini« 
portant i ieoe of tei^timony they left behind-- 
the pa8'<enger li»t of *.be "Now England f)r 
Nov. ;^n(\. whioli. according to the evidence of 
Capt. Cbisholm, is filed away in the oflice ut'the 
Treasurer. It would have been satisfactery to 
the Judge, to you and to tho public, if this had 
beon produced, and it was shown that the name 
of Miss Vail wa-* not on it. Another fact worthy 
ot ohfiervation U that Mr:!". Conliii. an old woman 
of 85 was brought in to give evideoco, and the 
young woman, Mrr. Conlin, who perhaps could 
have proved something, was not produced. 
Curious thing th'it. is it not? I muttt say I 
never caw anything conducted in this way ioall 
my life before. Counsel then read from the 
workofWilU on evidenccLtho history of a case 
'iven hv Sir K Coke, which occurred iu the 8ih 

2 ear of the roign uf King James. A gentleman 
ad care of the child of a deceased brother who 
had property in her own right, Ue on one ou* 
easion chasii<ed her. and she was heard to siy. 
*' Oh. uncle don't kill me." She was not aeen 
agrtiu. Tho uncle was indicted ('or the muruer 
and admitted te bail on his undertaking to pro- 
dace the girl at the nex*; As^iie^. He procured 
a girl about the same age and dressed her as his 
niece, and produced her, but on view it waa 
found that she was not the same, and be waa 
oonvicted and executed. Yet some years after the 
neiee, grown to be a young woman, appeared 
and claimed' her property, and her claim w»« 
«stab}i.-hed. It appeared that she. having beea 
chastised.bad fled to a neishboringooiiBty, when 
she was sheltered during those years. J Ueiuaru- 
ed onunael dwelt on this aa pruot of the unre- 
liability of circumstantial evidence, and ' 
proceeder'. There is one thin; particularly 
to which I wiiih to draw your attention. The 
evidenceof Robert Holmes tells almoat conolu- ' 
sively in tavoar of the prisoner. Hire is a 
sketch of my own to show the position. The* 
■earned Counsel thta argued on the assumption 
that Holmes saw a man namvd Moore enter 
Bunker'r, who must hav« passed the place where ' 
the remains were found precisely at the time - 
the murder waa .>«aid to huve been committed, ' 
I am told that Marshal and Powers were out at 
the grounds mivking experiments with pistol 
ahots. No evidence was given of such experi- 
ments. If they were made, and the evidence 
withheldt then were (hey doubly damned. No 
doubt it waa withheld beoause it would tell in 
favor of the prisoner. Nothing more horrible 
could be conceived. How dare they act in tbig 
maoner. No language is too strong to stig* 
matite aneh conduot. Another thing yo4 
should remember, when the crime ig 
jaid te have been committed the folia«e 
waa fhllen. The place eould be seen from the 
road, and a peraon paasing would have his at" 
tentiea immediately attracted hy human flgures 
eapecially by a female in a colored dresa. The 
trial of openoer Cowper for the murder of Miss 
Stout, a Quakeress, is another -)f the many 
caaes that ahow how unreliable is circumstantial 

Svidence even when it aeema strongest. Mr. 
lowper, whose brother waa afterwards Lord 
OhMoellor. waa pretied to atop at the hofse «l 



110 



THE TRIAL. 



Ml»«St'ati whnhad conceWed a «lnfnl panslon 
for him. He cnlled :it, the hon^e. fipent the 
evcniiiir. but refii!<Aii to r<nn)vin for tho night, 
lie nnd M\fn btont wore neon to leave the 
!• irloor toijother, and th<i hall door «oon afrer 
olored. Her body wag found next dny in arivor 
olo^e br. Ccwper w.i« tried f>r the tniirdor nnd 
came neiM* being convicted. The partioH proRe- 
cuting him, not 8ati<<ficd, then presented what 
in those dayn wa.i oolled an apiwal for marder. 
'J ho writ wn^ Qaasbed for some itiformality. and 
the Jjord Keeper refused to allow another writ 
tu is«ue. Tbia paved hi« life, as the orown had 
no power to pardon when a oonviotinn is had on 
encb an appeal. Yet there is now no doubt 
That Cowperwas innocent, and that the woman 
drowned herself. He cited this from ** Bash's 
Criminal Cose^," page 272. lie also from the 
same work Hted a case which oocarred 
in New Torlc. He then proceeded :— 
There is one rale of law to which I wish 
uarticnlarly to draw your attention. These 
confessions which have been extorted from the 
prisoner under ctrcumstauces discreditiibie to 
Tho officers of the Ia<v, mnst, if admitted, have 
full toroe, and if received in part, must be re- 
ceived ioi whole. If one part of them is talcen. 
ull must be taken. In the same breath that he 
mid the rest he stated that Miss Vail went in 
the boat* The Crown put in these oont'essions 
and GQust take the conseuuencef. Ihe rule is 
laid down by the highest anthorities that you 
oau not take parr, that youmusttake the whcle. 
This law is clear, undoubted, asd cannot be 
controverted, I have but a few more remarks 
to make. Yon t<a ir that the hair, the teeth, the 
buttonsi the skirt and other artiolea were match- 
ed. In this state of facts how can you place the 
life of a human J>eing in Jeopardy when it is 
not even proved that the remains are those of a 
femtile. naye you any idea of what the conse- 
quence of your verdict will be if you find him 
guilty. It will send him < the aeairold. It 
will deprive him of life, perhaps life eternal. 
There will be no moans of rectifying this if 
ynur verdict proves unjust. There will be no 
appeal. Take no such awfiil coarse. The 
cnargeof the Judge will not relieve you from 
the responsibiiity. I hope in God your verdict 
will be in accordance with mercy, such as tho 
founder of tho Christian religion came to teach. 
The evidence must appear to you conclusive 
before yon incur such dreadful responsibility. 
If you find him gniltyi each one of ynu must 
f^el that by him und him alone has the 
rope been placed around tthe prisoner's neck. 
I appeal to you as sons, as husbands, as fa- 
therR.— by the memory of the mother who 
watched over the days of your helplessness, and 
hashed the wallings of your lips, yet ail too 
feeble to lisp the simple prayer she longed to 
teach you ; who, with love undying, guided 
the tottering steps of your intanoy.ancrthe way- 
ward treading of vour youth— a love whose first 
fiure ray was shed upon your cradle, and which, 
t may be. will throw around your dying bed an 
almost hallAwed lostre. Sander noti I pray 
you, the mother and her first born boy 1 By the 
rememberance of yoor father, whose love, se- 
cond only to a mothor'B* has watched with anxi, 
008 eare yoar goings oat and yonr eomings in 
whose fondest Joy and prid6 it was to foster 
your growing power, and as best be ooald to 
train and fit you fairly to win, and worthily to 
maintain, an honorable place in that roagh 
school of life, in which the stem taaks of man* 
hood mtut be mastered,— break not, I beseech 
you, the father's heart. Some of you are 
fiuabands. By the devoted love of her whom 
you oall by the honored name of wife ; of her 
who for yonr Bak« hu left hither and motheri 



' sister and brother, and plscmg her hand lovintr- 
ly in yours, his smiled ui<on you in the diiys ot 
yonr sunshine and prosperity, and cheered you 
with kindly words of sympiitliy and encournee- 
mont in your days hf durkncoc and adversit* ; 
whose path can never divori^e fre»n youri until 
it shnll bf lost amidst thn glonm and shadow of 
the Valloy of Death. Oh, by this love.' I im- 
plore you to remember the wretohnd wife, nnd 
save her fVoin the most awfnl vt all widowhoods. 
Some of yoa are fathers. Oh, let yourehildren 

E lead my miserable client's cau«e! You well 
now how much of happiness and Joy those lit- 
tle oreatares. so dependent up»n your love and 
oare, can aiffuse arourd your li>mest how 
strong the tendrils which, stretching out from 
them, are wound around your hearts. Your 
chiefmt thoughts are (or their welfaie,— 
your brightest hopes aro clustering around 
their little forms. The s<tronRefit Incentive 
to exertion which you possess are the 
children whom God has given you ; aye, 
and on yonr dying bed yonr latO!«t anxiety 
will be for the orphans fo soon to miss a 
father's love and a father'a care 1 By the 
love that yuu bear to your little ones, have 
mercy upon that haplens father and hit little 
ones at bomel Yet a few short years at be^t 
and the sands of your iivoH and of mine will 
have run themselves away I Even now over 
some of you tho An^ol of Death may He hover- 
ing, though you sec not tjie shadow of his ap- 
proaching form, nor hear the rustling of his 
wing. Uh I in that supreue hour, when the 
death drops are gathering upon your aching 
brow, and the closing eye has looked its lat-t 
upon the things of time, how sweetly upon your 
dying ear will tall the gracious words. Blessed 
are the merciful, for tbey shall obtain mercy " 
Remember that the measure which yon mete 
to others shall be measured to you again. Oh i 
let your verdict of acquittal this day plead for 
you on the last great day, when before that 
dread tribunal, whose sentence is eternitv, you 
yourselves shall implore the mercy oi your 
arioar and yonr Jadge. 



THE ATTORNEY GENERAL'S 
SPEECH. 

Our reporter did not hear some of the 
opening remarks of the Attorney Gener- 
al. The following passage we therefore 
copy from the report of tho Telegraph : 

The Attorney General said : -It be- 
comes my duty as Attorney General of 
this Province, to address you on behalf 
of the prosecution in this painful caf«e, 
and yon will give me credit for sincerity 
when I say that the duty which|I have to 
perform is to toe one of no enviable cha- 
racter. I have been sworn to look after 
the public rights, and to maintain the 
publie peace, and see that the interests of 
justice are not sacrificed, and I have at- 
tempted to do mv part faithfully without 
fear or fkvor. — For doing so I have been 
aaaailed by the defence as a blood-thirsty 
Attorney Ghsueral— as the conductor of 
a most wivage and intolerant prosecu- 
tion ; but the charge, falls lightly when I 
can appeal to my own conscience and find 
there a jostificatioa of my coarse. If I 



iti. 



THB TRIAL. 



Ill 



invlnp- 

•«'rt yoii 
3ornce- 
reT»it> ; 

Ti UTitil 

iAntu of 
.; I i«n- 
ife, nnd 
whoods. 
Bhil«lren 
oa well 
lore Ht- 
love and 
»: how 
jut from 
I. Your 
elfaic,— 
> Hround 
ncentlve 
are tli® 
m ; "y'« 
nnxiety 
) misv a 
By tbe 

nes, hft^e 
I },iB little 
irs at best 
rolne will 
nbw over 
he hover- 

of Wi«yr 

Ing of his 
when the 
)ur Rchln* 
[ed iUlfti^t 
upon your 
,. '^'Ble?**^, 
An mercy 

f vlead for 
)>efore that 
ernity.yott 
«y ot your 



SBAL'S 

me of tbe 
jy Gener- 
therefore 
legraph ; 
I: -It be- 
Jeneral of 
on Ijebalt 
nful caset 
r sincerity 
b|I have to 
rlable cha- 
look after 
intain tbe 
interests of 
I have at- 
ily witbout 
have been 
pod-tblrsty 
tiduotor of 
it proaecu- 
itly when I 
tce and find 
>arse. It" I 



had failed In dlHchar^lnpr my part in thiti 
profieoution— if I bad consentod to allow 
evidence whluh wan vital to tbo cause oi' 
Justice to remain unltear^— what would 
your opinion of me bavd been whon it 
was Icnown to you that a moet brutal 
murder had been committed under cir- 
cumstances of peculiar atrooitv, and tbat 
it was essential tnthecauseof fustioe that 
its perpetrator should not escape ? Would 
I have been worthy of your confldenoe 
or of the confidence of the Government 
which appointed me, if I had been dere- 
lict now r The Chief of Police ha<i also 
been rudely assidled. But was it not bis 
duty to see that every means was employ- 
ed to brine tbe marderer to justice? or 
are our omoers to stand by in silence, to 
dose their earsand fold iheir hands while 
the human victim is beins bereft of life 
and the safety of tbe community endan- 
gered ? Tbf Coroner has also been at- 
tacked, but X only say that I believe he 
has done bis duty in the most admirable 
and exemplary manner, and the same 
observation is true in regard to Mr. 
Powers. The manner in which the Coro- 
ner, an officer having but a short experi- 
ence, cimdacted the tedious and painful 
investigation in this case, was admirable 
and creditable in the extreme. 

Certain propositions of law have been 
laid dowa by the learned and able Coun- 
sel fqr the prisoner, which require notice. 
He has told you that the Crown having 
put in evidence the statement of Muuroe 
made to the Coroner, you are bound to 
accept it aa a whole or not at all ; that if 
jron believe his statement tbat he went 
out in the coach with this woman, you 
mnst also believe his statement that he 
saw her leave in the Boston boat on the 
following Monday morning. I deny tbat 
this is the law. The learned Judge will 
tell you that you may believe it in part 
and reject it in park 

The Hon. Attorney Gieneral then pro- 
ceeded. 

A mdst solemn and eloquent appeal 
has been made to yon against capital 

{>nnishm6nt, and you have been warned 
n tbemost emphatic way respecting the 
conseqvenoea of your verdict. Gentle- 
men, with that you have nothing what- 
ever to do. Yon ai«ibotthe makers of 
the Uwa. It is simirfy wad plainly your 
duty to enquire into the Mlota of this oaae 
and return « verclkit fooording to the 
evidenoq^ to the beat of your Judgment. 
You hftye been oaUiod upon in the moet 
solemn mantkto to reB»mber that the 
Angel of Death may be hovering over 
sohie one of yon now, though you do 
not see the shadow of his ibrm and hear 
not not the rnetle of hie wings. Yes, 
gentleai«a, thatuuijf hetrtieof yoo.lt 



may be trne of any of us, and therefore 
I trust that yon will remember that 
while you are deliberatintr upon the evi- 
dences, and that you will ronderyonr 
verdict na it you "believed that to-inor- 
row'« snn may find you berorn the bar 
of the Almigiity Jud^e. And if the sands 
of your lives should run for a few 
months or years longer, and you should 
be spared to mingle with yonr fellow 
men what position would you ooonpv 
in their eyes if through symftnthy ibr the 
prisoner or because you entertain any 
pecniiar views with rezard to capital 
punishment, you allowed yourselves to 
be inAnenced by the appeals now made 
to you to acquit a man whom, aocordinff 
to the evidence, you should have found 
guilty. What would be your position if 
because of the pathetic appeal addressed 
to you, you disregarded your duty and 
the solemn obligation of your oath "? It . 
is your duty merely to find a verdict as 
to the fact, and you have nothing to do 
with the consequences : nothing to do 
with capital punishment. If becanse I 
was opposed to capital punishment I 
neglected my duty as a public prosecn- 
tor, and either by drawing a defective 
indictment or by omittingsotne material 
evidence, allowed a prisoner to escape, 
what would you think of me ? If a wit- 
ness called to the stand, and sworn to 
tell the truth, because he was opposed to 
capital punishment and was satisfied 
that a prisoner's life was in jeopardy, 
thought proper to vary facts or withhold 
the truth, what would you think of him? 
What could they say of him but that he 
was guilty of peiijury ? And what bet- 
ter position would a Inryman hold who 
through such scruples would refuse to 
fiudaccording to the evidence? It lias 
been argued at great length that the pri- 
soner should be heard in his own case, 
and that great injustice is dohe becanse 
he is not allowed to give evidence ; but 
many able men say that this wonld be 
the greatest cruelty. The law of Eng- 
land acts merciftilly. It puts the pri- 
soner at tbe bar as an innocent man. All 
the presumptions are in his favour, and 
if any reaaonable donbt exists in tfai 
case then they have no right to weigh it. 
but are bound to give the prisonefr the^ 
full benefit of it. Such is the mercy of 
English law. If the prisoner makes amp 
statements, and it can be shown that if 
was made under the slightest induce^ 
ment, that statement is not admitted in 
evidence. Snoh is the mercy of the law;' 
Suppose that law was altered and the pri- 
soner did not choose to give evidence, 
would not the irreeistable conviction 
then be that he was guilty? All the 
safeguards the lew now seta about the 
lurieoner would be removed. Mway able 



dtJ^Bt^iii^-' 



112 



THE TRIAL. 



Dion re(j;arcl the proviMinnH of the law 
now exiHtintr ill th<H rostpoct ns nioHt 
meroU'ul. I do not appeal to you, as the 
counsel for tho prisoner did in that upeeoh 
of marvollons eloquence which none 
'Who heard it can ever forget, to be go- 
verned by Judjtea or actuated by preju- 
dices, but I address invHelf to you an 
men nworn to trv thif* OMe aceonJing to 
the evidenoen. lie ap]t>eHled to you with 
all p<>t«Hible Holentnity of tone and man- 
lier In the name of tlie Saviour, to ataud 
between the priHoner and the gallowa. 
I reffref tiiis. In tbie Clie way jurymen 
are to be treuted ? Are men aolemnly 
Hworn to try tiiis case according to the 
evidence to stand for all their lives aa 
perjured inen, nnd in this to be atiiced in 
the name of the Saviour of all ? Wliat I 
ask is that you invoHtigate Uie whole evi- 
dence fairly, and that if there is an^ rea- 
sonable ground for doubt the priaonor 
bhall have tUobonefttof that doabt. The 
learned Attorney General then cited au- 
thorities to ahow the value of circum- 
Htantial evidence, and relied much up- 
on the very case of Sir T. Davenport , 
cited by Mr. Thomson. In that case Sir 
Thomas positively identified tho men he 
acccuseil as being those who robbed him. 
They established an alibi,»n<\ this, which 
•was circumstantial evidence, proved to 
be more reliable than the direct evidence 
of Sir Thonius, the innoeonce of the men 
he accused being afterwards conclusive- 
ly proved by the apprehens'on of the 
real robbers. Some of the authorities say 
that as a few persona may agree to a 
story whioh they may all repeat aa direct 
evidence without having their testimony 
shaken, but it is impossible that a large 
uuatber of witnesses stating several facts 
can fabricate. Such a strong circum- 
stantial evidence may be even more satis- 
factory than direct evidence, and there 
have been more instances than one in 
v/hich such has been the case. He con- 
tinued ;— The counsel for the prisoner 
had asked them to do away with circum- 
stantial evidence because there have been 
cases in which parties were improperly 
oonvioted on such evidence ; but there 
kas been a very muoh larger number of 
cases in which peraooa were unjustly 
ocmvioted on direct evidence. So that if 
you do away with circumstantial evir 
ienceton auch ground* you inuatalso do 
•way with direct evidence. Then thc^re 
have been cases in which persona made 
oonfesaions of crime* that were never 
committed, so that for the saiue reason 
cottfeaaions must be set aaide. All evi- 
dence would thus be wiped out Where 
then could evidence l>e found? How 
could crime be punished ? Crimejnrould 
run riot, and no man'a life would 
be s»fe. There can be no aafeiy 



in any cnmmanity in which tho 
laws are not properly administered. 
You have been appealed to not to sever 
the husband Imm the wife, the child 
Irom the parent ; but who has been the 
cause of the separation ? If the prisoner 
had had any regard for those ties, would he 
have maintained foryea^a an illicit connec- 
tion with this woman on the other side of 
tho water, forgetting tho partner of his 
bosom and the children of his loins in the 
arms of a puramour ? The learned oounsel 
for the prisunerdid not during hin apeeoh, 
in the wise discretion for which he must 
receive all credit, think proper to refer to 
the evidence he produced tu show that 
the woman had been seen after the date of 
the murder. I will refer to the character 
of that evidence bye and by; 

Mr. Thomsoh :— I did not refer to it be- 
cause 1 understood the Judge to desire mo 
to close before one o'clock. I acted in 
entire deference to the wishes of the 
Court. 

Judge Allen :— I certainly did qot limit 
you in regard to time. I am very scrry if 
yoa misunderstood me. I should not have 
stopped you if you had spoken until six 
o'clock. 

The Attorney General resumed : — I will 
now proceed to comment upon the evidence 
in this case. I assume in the first place that 
a dreadful murder has been committed,and 
that the person murdered is Sarah Mar- 

Saret Yail. It has been said that there 
as been no proof that the skull was the 
skull of a woman, and much has been 
made of tho fact that the medical men 
could not say whether the remains were 
those ol a man or of a woman. But you 
are not confined to this only, you are bound 
to look at all the surrounding circumstan- 
ces, and when you fini with those bones 
the hair of a woman, the bonnet of a wo- 
man, a woman's drees and drawers, and 
underelotbing, and when in addition to 
that a child's remains are found, an infant 
a few months old, do you require any 
stronger testimony than this to show yoa 
that the remains are those of a woman and 
a child ? It would be absurd to suppose that 
a man would have been there in UMt loaelv 
spotincbRi^<rftbii8ttdui9 iBfa»t>«evett 
leaving out of the case the condusivd evi- 
dence fumiMbed bji' tbe discovery of the bair 
and clothing. Tbe firs*- point for yotito con- 
sider is, was the body round tiiat df Sarah 
Margaret Vail? Because, I candidly teU 
you, if that fact is not established* the priso- 
ner is entitled to be ao^uitted; and u there 
sbottld bo any doubts in yoar minds in re- 
iereooe to this, theprisoMK it entitled to 



THE TRIAL.! 



113 



li tho 
Htered. 
» Mver 
3 child 
ten the 
>ri«oner 
rould he 
connec- 
■ side oi 
r oi his 
9 in the 
ioounsei 
speech, 
)e must 
» reier to 
nw that 
e date of 
jharacter 

toitbe- 
leairo me 
acted in 
I oi' the 

i|ot limit 
y scrry it 
i not have 
uotii six 

I r—T will 
e ofidence 
place that 
iitted,and 
arab Mar- 
hat there 
was the 
has been 
ical men 
ains were 
But you 
are boand 
rcumstan- 
lose bones 
of a wo- 
werS; and 
ddition to 
an infant 
quire any 
show you 
roman and 
ppoeetbat 
'it lonely 

\uAH «ri- 
pfthebtiir 
yotito oon- 
t 6f Saiftb 
aidly teU 
,theipnaO' 
Old it there 
inds in re- 
mtittod to 



*he benefit of them. The learned couniiel 
haflnrgneci that we have no cvidenoe to idon- 
(ify tlume r(^riialnii. We hafe the evi<lenoe 
oi Mm. Crear, and the evidence furniehed 
by the pr{s;>iivr'!t own Htiitenient to the Co- 
roner, tliat the wonitm whom he took out in 
Worden'H couch x%»» not Mth. dnrke, bnt, 
to u^4e his own wordx. "the Vail girl from 
Carleton with whom I hare had ao uiwix 
trouble*". It ha« been e« intended that 
t ere i/» no proof that this waN Sarfth 
Margaret \\\\\\, but no other Vail girl 
than thin bao been spoken of. She was 
the only unmarried sister, and the defence 
has not nhown tbnt there was another girl 
oftbatnaraein Carleton. And when I 
speak of giving the prisoner the benefit of 
tlie doub4, I mean a reasonable doubt, 
and not a mere fiinciful and imaginary 
one. What rensonable doubt can exist 
here of the identity of Mrs. Olarke with ca- 
rah MargMret Vail ? Supposing these to be 
her remains, the question arises, who in- 
flicted the wound that caused her death ? 
Unless you are satisfied beyond all reason 
able doubt on this point the prisoner is en- 
titled to an acquittftl. The renuuns Wece 
first foond by certain colored people woo 
hate testified hwe ; the affitir cot to the 
knowledge of Mr. Douglas. Ho showed 
them to J)r. Etirl. It was erident that tbA 
remains had been oovered with ohms and a&- 
torwAfds torn to pieces and dOToored by 
wild ammitls. Tbey were alloired to re- 
main as first seen, till taken up by the 
Coroner and Mr. Powers, who brought 
them to the city and have kept them in 
their custody ever since ; so that no doubt 
whatever can exist that the bones now ex- 
hibited are the identical remaint discover- 
ed near Black River road. 

It has been said that there matt ho a 
motive rifaown for the conunisBion of so dis- 
graceful » orime. Such a movder, no 
doubt, most have had a powerful motive. 
But wa^there not suehaone in tibis onae ? 
The prisoner is a manried iaa« with two 
children. This woman, witk ^wiiom ha 
has be««i naintainiog* » ooani^tioD fi>r 
vears,liM»^ehild whiobiahelitved to be 
his->«ihe has soldi f^ ^3QQ« th« property 
left her bgr her flahen and •HiiiMch he 
stales th«b i^ sold it joobimry to hw ad- 
vice, Mrs. Orear says thai bo did advias 
hertQfoIlift. Hero, thek^ it tliii wonwui 
foUowidC him about at » tiino when Jri» 
pa9^QA w as turning iiuio dtsguai, and «he 
wasnodonbtirksemtandkathaamsit^bip. 
I <an b«fdl^ oowiitvia JkolvoigirmotivOcIo 
ge^ rid of Jb«r th«MD tb»»iio. hitdaj^mid 
cbiUi^ft (4Ma«f«nf|%:Mb»ietK, ite%Jm 
was nsing in his professioo; that this 



girl -.vas dogging him and deuaanding mo- 
ney of him ; that Its could not ofer her a 
home, and thiit be dreaded the e6E»ot expo-i 
suri* must have upon his, bast uess, turn- 
ing nway from him in dirigust those who 
employed him. 'Chia be admitted, for 
he speaks of her as th«» Vail girl that 
he had bad so uiuoti trouble witb< It is 
shown -that on the 6th oi Ootuber she got 
the money for tlio Imuse, aiwl iuun«d«al«^ » . 
aiikerwarcb starts for tlie State*. Sbeio<i<«>. 
sistHon going with him against liia ro^ 
monstruncef*, hir Mr. Fenety and othnra 
with whom tie «vaa utfquainted were going 
on at the same time, and hedid not wish tan. 
be seen with her, Would not thai be irkf 
Koii ^ and make him desire to aw rid of 
her'> llis Counsel says, why did he not i 
do^^rr J i)or there ? The reason , if lie had a> i 
rear jn, slumbers in bis own breast. It 
niay have been that it was because it was 
ia strange place, ov becauso be was witi^r/ 
persons that he knew, and nmy havo fearww 
ed detection. Ho wos follo<vea by her to > 
BustfWi, and she dogged him baek. Ue 
bad to take care of her^ for she had sold 
her property, and sbo. had no home, s»l; 
pkceto rest her hoad. Ue took her lOni 
Lordly 's under an asduined mune, buf Mra n 
Lordly sospeoted her and it beeame neoes-cHr 
sasy to seek another place of eQnoealm«at.,(!i 
In this position ho WM forged to move ban 'u 
from house to houaa to prevent detection. - 
Cad yon imagine anything move irksome 2 y. 
Is thereamanin. the world who woakktv/ 
not gijre any {Murtbly possepssoQ to get rid -n 
of iuoh an intolerable burthen ? I do not a 
mean to m^ that the motive here mention*^d 
ed would inBuenoo every man to commit K 
•uoh a crime aa has been perpetrated bar». w 
It is not every man who, undw the guise oi:^ 
friendship, would have takers that woman n 
and her babe into the woods under aomam 
pretence, which nonum tan declare bnti^ft 
himself, and in a moment, in the twink-. w 
ling of an eye, sebt her with all herstnsn;; 
upon h«r head into tho presence of her ;e 
Creator, ieavng her body to be torn by ?r 
dogs, and to find a pkm of burial in tner if 
maws of tiw wild beasts of tho ianuk^w 
Evidence as to the pnaoner's fpod pn«! ;?> 
vious ehavaoter. has beetf much talisd xm; r 
but where is tbece a mao who at gome 
timo or another 1m« sot possessed n Mod 
ohaiiirtm? JivwEgraMm hosone ootiT.ho {t 
forfeits It. Tko wimeiMb awom llkt$uiH 
eould not beliovo il-wk«B thir hetid thuto? 
the inriaonof iwaa^diaMed widt^ Am orimew 
Why, BO. one elm JMteved it. ^<^ ob» 
oonid b» mofo iNa|>rim<lki(Entfa«. loamidl iv^ 

orime. Bat whon ciroomstancee came 



114 



THE TRIAL. 



tumblini; in from alUiden, and ProvHenpe 
ordained that oonoealmnnt shbuld be no 
longer pflhsible, wnn there one of the wit< 
neMee who would my that he did not be- 
lioTe him guilty? The murdered woman 
had fire hundred dollani. and it tnny be 
that it wae buried with her in the raoM ; 
but ia there not another oonoluaion much 
moro reammable as to ita diRpoeition 7 
Whan she was at Lordiy's ahe said nbe had 
no moiMV, And when she bad a paltry bill 
of foar dolkn to psy, she want oat to tha 
privonar. who waa in the eoacb. 'ind then 
retanied and paM the hill. Is it not rea- 
sonable to belWe that she then got that 
moMoy from him ? He told Worden that it 
made no difference what he charged for 
coach hire, for it woold not come oat of 
him. Had he her iaada deposited with 
him for disbarsing it ? The learned Coon- 
pel speaks of him as in receipt of a large 
income ; but the eridenoe snows that fie 
was not flush of money. When the child 
was bom, and Mrs. Crear went to him to 
ii[et money for the child to procure some 
little nocessariefl, he seot the paltry sum of 
three dollars. As for herself, at that in- 
clement season, she was so poor that she 
had scarcely a rag to her bMk. She bach 
not oven a night dreas, sneb as even the 
poorest hate, and she was forcAd to cut up 
the fragments of her old d w wieo to cover 
up the nakedness of the poor little infant 
— the child of her shame^hia child ! Saya 
Mrs, Orear, Well she may care fbr it ; it 
was the child of her shame ; the only being 
in the world to whom she could thm look 
for lore and kindness, but which marked 
her all her life a whore and. a strampat. 
And this was the way in which he kept the 
woman who had sacrificed herself for bis 
sake, to whom hw eould make no honorable 
repatration, wbo» to sittis^ his desires, had 
made befaelf an outcast from society, rain 
edin character, beggared in reputation, 
with nothini; to care for or love but her 
unfovtonate child! Looking at all this 
evidence^ that he ha4 her money, that she 
was dogging him and dinging to him ^ that 
his T^aiitMn, his character, his position, 
were at stake, that his employers wonld 
spam liim if Miey knew that he bad this 
woman attaehed to him— this aufortanate 
appeadage— ^ motive iswi olear to me as 
the iKwnlay son. H« showed g^real anxie« 
ty torrid of her. F«w man wo&ld take 
soob Ueomi ; periiapa he did- ndt. It is for 
you 40 judge from tb* evidanoe. 

Laafemg a* t9ie efidonoe, I wottld tml oall 
attoBlicm to lb* t ai llMM wy of Worden, 
whisbliaa been aiialtod ; tad it would ba 

ob(Ni««l'hgrilwMiy«t tii»«ttiMi«tMt thfi 



Elaoe to which the prisoner told Worden 
e was going WRM GollinH*. But when ho 
went with this woman he called on the 
coachman to stop at n puint three riuarters 
of a mile distant from ColiinH\ which hap- 
pens to be opposite to the very idetiti<»il 
spot where the mmnins were found. Why 
did he get out of the coaoli at that spot, 
and eompel the woman to cnrry the onild 
so far to reach Collins*. Ue stated to the 
Coroner that he got out because he did not 
wioh to be seen with the woman, for fear 
the painter ithe went to see would not like 
it. Could be not have drivea closer up to 
that olump uf trees without being seen. If 
ho did not wish to be seen by the painter, 
to whom he stated be was taking the wo- 
man, why could he not have got out ot the 
ooacn himself at Bunker'n or nt that place, 
and sent her on to the painter in ic ? Would 
the painter have been oflbnded becaui-e the 
woman came to him in such style? The 
first day they went out wits fine, and they 
may haVe perhaps wanted to take a walk ; 
but on the next day, which was sloppy and 
wet, what was the notion for getting out 
at the sfuno place? Is it within the range 
of probability that this story of the prison- 
er's can be true ? Hhe was gi)ing first to 
the States to marry some one there; then 
alter ooining book 4die was going oat to 
Collins' to many some one there; and 
yet wit^ the intimate relation in which he 
stood towards this woman, can it be be- 
lieved possiMe that he did not know the 
name of either man? He told Worden on 
hisretom the first time that the folks she 
wanted to see were not at home. Who 
were these parties? We brought every 
person in the settlement to show that no 
sudb person had ever been there. This, if 
he had been an innocent man. would be 
an act of meecy, but if guilty it heeomes 
the means by wbiobthe falsity of bis state- 
ment is isitablished, and the brand of 
Murder fixed upon hfm. Where was that 
woman firom Satarday night until Monday 
morning, When the Gjnnsel for the defence 
would haw tw believe she went away in 
the boat ? I charge the prieoner at the bar 
with the absolute eustody of that woman 
froni the time they teft^ «he eooch on that 
3 1st of Oetober. She had no change of 
clolSies with her, no little neoessariea imoh 
as woald be required for the child, ts it 
to be soppeaed that this woman dept is 
ihe foreai ail night f If she went aimy on 
Monday wh«M did ahe stay meactimeT 
flveiytbtfic has hMv dose to give him ft 
mir (rial. The Ckmrt faais been adjourned) 
ttndftne«^ lucl has bWn stmuaoned. It may 
teAV^to tan ehiidrfB thtt the prip^atr 



THt TRIAL. 



115 



ordcn 
en ho 
)D the 
arters 
^ hftp- 
ititical 

Why 
t spot, 
B ohlld 
to the 
iidMOt 
or fiMur 
lot like 

up to 
Mil. If 
tainter, 
be wo- 
t ot the 
t plftce, 

Would 
M>9 the 
»? The 
mi they 
i walk ; 

Spy and 
ng out 
he range 
e prison* 
gflrstto 
ie; then 
g oat to 
re; and 
irhich he 
It bebe- 

on 
■he 
Who 
it every 
that no 
This, if 
ould be 
heeomes 
lis state- 
id of 

that 

Monday 
defence 
away in 
the bar 
woman 
. that 
ige of 
mob 
. Is it 
slept in 
won 
itime 7 
^ him a 
ioamedt 
I. It may 
priMBAT 



[orden > 



wns unfairly pressed, but not for sensible 
men. It was for tne pr noner to show 
where the woman spent thuM) vlays. Ue 
surely must know the name of tho man 
she went to marry. Between the two trips 
uat there he weiTt to Fre<ieridton. Even 
HMMiming that it was neiessiry for Muntoe 
to go out with tho woman the first day to 
Hhow her the way, no such reastm existed 
on the second occasion. Tet they stop there 
<it the same pidee, torty minutes eUnse, and 
he retnrna very warm, and insueh a aarry to 
get into town that he will not allow the 
coBohmaB to wait for his dinner, altlioagh 
it was nearly reitdy. And vet there was no 
apparent caase for such nasto. It could 
not have been banking business that took 
him in in sueh a hurry, because he did not 
get back until four, while the Banks close 
at three; so that the irresiacible conclu- 
i^ton is that some ulterior purpose underlaid 
all his actions, and the explanation given 
by him of tho reasons ot his visit to the 
place cannot be the correct one. When he 
returned without her, he said tl^e people 
were at homo she wished to see, yet he can- 
not explain who these poodle were, nor can 
4ie toll who brought her into town ; yrt 
Worden states tmit at 7.15, when he saw 
Munroe at the boat,he told him that the wo- 
man and child had arrived ; and surely be- 
tween that time and 8, when the boat started 
he must have had an ample opportnnity 
of conversing with her, finding out where 
she had beon, and who drove her into 
town. If die had come into town that 
night who so likely to know it aa Mr;*. 
Lake ? If 0ho bad remained in the settle> 
ment, a strtinge woman with her child, 
surely some one would bare known it ; but 
never agiiin, as far as knovn. was she seen 
by mortal eve. lu the name of goodness 
who were tne persons she stopped with ? 
The reason of nis baste from Bunker's, so 
emphatically displayed, was a natural de- 
sire to get avray as mr and as fast possible 
from the scene of a dreadftil crime. 

Nothing can be more full and complete 
than the evidence of the identification, airs. 
Lordly has been, it is true, contradicted by 
the father as to the mark cut on the trunk, 
but the mark is there and qorrobcffates her 
testimony ; even if mistaken on that point 
her evidtaoe is important in otherli^pectB. 
Sbto q)eaks to the drees axU hair of the wo- 
man, the age and dress and bajr of the 
child. Tbe oladk dress of the woman and 
bla^ waist riUwn. she described, corres- 
pond with tlioee found. Here we nnd that 
the child had two d ttMBce , both made oat 
of the samemttteriat— an. old dress of the 
mothk's-'^iie is fonnd in her tniiik«nd 



T 



the ether In tbe woods with the remains. 
Mrs. Lordly swears ta the child wearing 
the dre« found in the trunk brought from > 
tioHton. Mrs. Crear explained that these '^ 
two dresses were made firom on old drefft 
of the mother's, and that she helped her '^ 
to, make them up. I maintain that in all 
the annals of crime there never was a case 
in which circumstantial evidence was so 
cjgent. It was said that none but a mad- 
man would have chosen such a place ; non« 
bat a madman woald pernetrato each i^ 
crime. A woman and onlld are taken 
away by the prieoner and never again seen 
alive. Twelve months later remains ar« 
found on the npot where she vras Ust seen ., 
with him, with a ballet hole In the head' 
such as would cause instant death. And, ' 
dose by, the skull aud remains of a child. , 
Add to this that her teeth are identified by 
her sister ; that Mrs. drear Is able to point 
out where one tooth has been extracted, 
where a tooth overlaps the other, and thai 
another has a bole in it which she 'need to 
pick with a pin ; th*t her clothes are iden- 
tified, the aresB taiade gown fashion and 
her own sewing on it, and the tra«s worn 
by the infant, even the little string of red 
heads ffiven to it by Mary BUok, giving 
their suent testimony ; aiMi there is rat on« >. 
conclusion at which reasonable men oould 
arrive. Tbe woman^s dress is identified 
by Mrs. Orear : so are the drawers, wbieh,. 
are worked In a peduliar pattern. Mrs.'^ 
Olive, who gave her the pattern, reoeg*' ^ 
nises them and prodvces some of her own ' 
embroideJty with the same^patterd. Miss 
Campbell idehtlfiea the trimming and 
Howers of the hat, tad Mrs. Orear, who 
bought the reft of them I'proaaoee them aiod 
they correspond with thotio fonnd. Thmt, ^ 
too, is tl^e evidence of the hair, which in '; 
identified ; the testimmiy of Mre. Crear as '" 
to the flattened bullet which she made and a 
placed in a bandage for the child ; andthif ? 
IS found with the remains ; of Mrs. Lake, fl 
who identifies several of the articles fonnd,"! 
the pink pinafore and blae dies*— enre- '. 
ly it cannot be that all this amy of wit-1| 
nesses have sworn folsely! Mary A*oltr 
testifies to the wopian wearing « grey mok*^ 
boand with Mack braid, and ^he pi£k son* ''* 
tag. ^th are ioan^ with the remaiusi, 't; 
On Friday she, sewed string!! (m the latter,'^' 
and here are the ideatiA atfiiqisun it 
iiow; and she also nweaai that idie pot the 
bandage on the ehild that moming. The 
evidence of ttw Uttie MdCareii ral, givea 
in childin» giiileliiwinw and Smpaeitj, 
is oonvfaieing. $he eei^liinly doei not 
seem to Imve perinxy in h»r. T«t ah* . 
identiliflB ifae dra« and the.difld^s hwdagt 'I 



116 



TIifiWAU 



f 



I 



and the hat. On'tbo Botitaf hf pepu^iar 
batton of » oertaiD kind, and in the wo> 
man's trunk another precisely ^mjUar is 
iound. 

He read portions of Mrs. ^^ive's tepti- 
luony and of a lew other vritneeses^and 
continued :— What can be inorq clear or 
convincing than this ? Here t( is esptained 
that this pattern of embroidery vas a rare 
on^: that thei^e articles of underclothing 
are the work ot Miss Tail's own hand from 
the pattern and traelug of Mrs. Olive. 
Passinia; gmto the testimony of Vti. March 
oi th^ NewsfiXii Mr.Smith of the Telegraphy. 
I have briefly to say tl at these gei^clemen 
-w ho visited at the same time the grounds 
vrhero the remains vere found, gdve a very 
clr aX description of the nature of the spot 
arid its surroundingf. Wbile Mr. March 
wi\s stondinji by theroclt, Mr. Smith drove 
in a carriojise along^tbe road, calUpg out 
when opposite to the place, yet Mr. Nlarch 
distinctly testifies, tbjit he could not see 
Mr. Sinith until be bad parsed, on a long 
iray from theplaoe. John Udllins has been 
brought bere and you have his statement 
thfit be never saw the Mroman and child, 
that they sever were at bis bouse » and 
that be never brought tbem into tp^n. In 
reference to the confession aa .stated by 
FrancfsS. «Fones. I contend that it was 
entir<^ voluntary and was glvim by the 
th%j)ri;iicner after due caution. Be asserts 
diatmotly that- Mmshall and himself, 
catitiptied bim. remiAtfiug him of the ])ro- 
babifit:» of their bein^caUed to give &vi- 
deoce against him. Ue did not care for 
that and said he would make tbe same 
stf^tement if be were on thejstand himself. 
Ho then jgPtia on aod rela^ to them tba^ 
Mms Yiirh»a aold hto prop«rty contpury 
to his advice ; that siie bad persisted in 
going on to Boston urith him in spite of bis 
remoos^noes ; that some of his friends 
tvere going on in the boai with him and he 
did not want to be se^n with b^ by toom ; 
that .she went to Bpatoa io be atarried to 
somebodV— hd didn^t know trbom ; that 
baviug ailed to i)aeet that "somebody" ia 
BoBtoD« or! even to get a lettco: firomj lLim» 
aheeamebftpk intbe^^e boat wi^h him 
to S^.. John ; with lOl that I have joat read 
to you Groin 1^. 4oi9A> taatimony. Sten 
the moat utribrdSnary dln^paociea <ui to 
time. He tMls Jonea and the rest t^aft 
Miss Vail reuoied the bpMOD the morning 
of Monday, l^vember Sad. only just in 
t-iae tQ got h^i tI6ket from him ai^d go on 
boaurciWora" the steamer left the wharf; 
while, a«oording to Wordeh^s taaiimoiiiy, 
the priflCBcr toid him pot later tl^an a 
quarter past seven o'clock, that ahe hod 



arrived from the country. I shall have |o 
allude Co these di.scripancie.s again when 
I take up the evidence for the defence. 
Jones says the prisoner re/erre'l to a 1- fcter 
which he alleged he had since thst time 
received from ^is» Vail ..hut this he had 
destroyed on account of its had spelling. 
Surely if he had received such a letter he 
must know where she was when slie wrote 
that letter ! and must bp able to produce 
evidence to show thai she was alivie ip tlto 
United Statei|,af^r ^ne period Qi th]s mur* 
dcr. Yet nothing of toe kind has beeo 
done. He spoke also of CraTc's^baving 
seen her, yet Craft was not called. When 
she went away from Lake's Hotel on the 
>'aturday before with this infant she had 
not a single article in the way of change 
for ber infant ! If fn that state she went 
on board the steamer, is. it within the 
range of probability th^t oa thie way she 
would have got something out of her trunk 
for her ch'tld. But so far from her having 
made inquiry for her trunks from any one 
on board, it appears that when the belt 
was rung for passengers to have theur bag- 
gage seajfchea. the officers on tba (tt'^amer 
at the time distincijly state tiiere was no 
owner for these two trunksr^in one of 
which something was beard rolling — to put 
in an appearance at all, and they at nrst 
supposed they had got a prize. It was said 
that she miicht have got rmt at Porikknd. 
Yes; bat if s&e bad would, not she, who 
was .10 poor and almost in tatters, have 
looked after her trunk there or in Boston ? 
The statement of Jones is owroborated by 
that of John R. Marshall, who had been so 
bitterly assailed by the learned oounse). 
His evidence oorreqxmds with that of 
Jones aud Dr. Earle. It was said that bo 
had poanped the prisoner under the guise 
of frienchhip. T'bis the evidence dis- 
tinctly eootradicted ; but was it reasonable 
to suppose that be would take such a 
eouTse, when be must have known that 
the sfBtement he wfa said to have made to 
old Mr. Monroo, were true, the state* 
ment so obicJned would not have bean ad- 
mitted as evidence? Wj^s.^j^lijiieiy be 
would dotbia? v'j . 3 ►« i . . 

0r. Chriatie's tastinoMr Jaama no doubt 
that the hok in the skulT waa produoed b^' 
a pistol boUat. Dr . Bots&F4 ^^ofiipB tbi« 
opinion/ and ali the Doctors affree tut iha 
wound produced by a pistol snot in that 
part ot 4e head wtwld oauae almost ipstan* 
ianaotts death . The den tista testified that 
the tooth Jbund waa that of a ebild of the 
age shown by other witnessas to b« that of 
Miss Vi^Ts ehild. They wan aU of opii^ 
kn thai the tooih bad not baen cut. Ite. 



'¥iti>TiRIL. 



'il7 



I whea 
eionce. 
I letter 
It time 
he had 
>eUing. 
itter he 
e vrrotc 

>ro4ac9 
s ip U»© 
lamur* 
■s baea 
having 
• Whw 
1 on Ihe 
she hod 
chango 
he weot 
hin th© 
way she 
ec trunk 
r having 
ftpy one 
the belt 
jeir bag- 
(tt^'amer 
•Q was no 
a one of 
g— toput 

ly at DTSt 

hras saia 

she, wUo 
era, have 
Boston ? 
>rated by 
I been m 
•ooansel. 
that of 
Ihatbe 
;he gaise 
dis- 
_. jable 
such a 
mn that 
made to 
le ^tate* 
been ad* 
iUuiy be 

doobt 

iiwedljjr 

iihis 

bihe 

in tbat 

kt instan* 

'ifiedthat 

of the 

I that of 

I of opinr 

1%. WE. 



Baytitd !^t^H||lfhat't^hen tfi^ fri)ht to^tfi of 
11 child ati) out Aa early an this one of throe 
months be would look for indications of 
the uioiar teeth at a period correspondingly 
early. Dr. Fisk b<is sworn thattBe '* pleas- 
ing irrfligalarity'as he termed it>in theteeth 
of theadalt skull was such as to attract 
attention of trieDd^; but likely to be unob 
served by strangers. The letimed Oounsol 
f<^r the defence, in his address t> the Jury, 
comjplained that I had not brought Mrs. 
Jenkintf apon fhe stand; earlier in the 
day he^ with e^ual bitterness, charged me 
with bringing too many witnesses Without 
her, and in my thirst for blood, striving 
witti an uncalled for 2eal to convict the 
prisoner at the bar. In the exercise of iny 
udgment t saw no reason for bringing her 
from her home, as any testimony she could 
have given was unimportant. I have to 
state that I am bound by the office I hold 
to discharge my duty iu this rr an3* other 
case that may ATise, wthont fe ir or favor. 
and without reference to what the learned 
Counsel may think or say rcs2)ecting my 
conduct or motives. 

Th^ Attorney General then read the evi- 
dence of Holmes to show that Munroe had 
enough time to' o^mmit the murder anf^. 
cjnccal the remains before Holmes saw the 
man walk up the Black River road. Uc 
read also the evidence of Mrs Ciear in full; 
e )mmenting on this he sa'd, I place gr^at 
importance on that part referring to the 
leaden truss. 'VVlmt could be more 
convincing as to the identity of the 
remains than this one article ? She descri- 
bed this with a minuteness which baffles-— 
nay banishes — all nuspicion of her state, 
ment being a fai^ricatioa, and we have thd 
testimony of others to show that her ac- 
count was in many iniporBhnt nartijulars 
.strictly correct. Who, having heard this 
part of the evidence, could presume to 
question the identificatlun of that child's 
remains? And if the child's,the mother's 
also ? Her a.sssrtion that the prisoner had 
advised her sister to sell her property and 
go to Halifax with t!io witness,Mrs. Crear, 
1 regard us strongly tending to show that 
the prisoner was auxious to have the un- 
fortunate leave the place and the Pro- 
vince, less the scandal or the facts ooaoern- 
ing her shonld interfere^ with his rapidly 
increasing busineBs. 

It has been urged that as Dr. Biirle 
stated, the prisoner gave himself up ; that 
he did not keep out of the way, but oourt> 
od "nquiry. If that fact stood alone he 
siiould got the full benefit of it; but take the 
other circumstances into account.lle might 
have thought the remains were so decayed 



ai'to be IneltpKbl^ of t^ng! I'deiliilftef A 
that ooupfed \fit\\ this his standing iti the 
e immunity Was such that this was the be^t 
course for liitn to take Looking on fox- 
ther into the evidence giveri by Dr. £arle, 
we llnd hdre again in the prisoner's cari- 
fession to him the statements that oanngt 
be reconciled with the facts. If he r^> 
mained at the place where they got out ^f 
the ooa'^h and the Woman w.ilded' on to 
Collins^ she would have had to walk 1& 
miles and he would have bad to w;tlk Imck 
to Bunker's in the half hour or forty min- 
utes. Thei^ agiiin, his statement to the 
Coroner as to the tim3 the woman went 
on board the steamer differs firom the state* 
meut he made to Worden. I shall not 
weiiry you with going over all the testi- 
mony of the remaining Crown witnesses, 
the statements of those gentlemen con- 
nected with the steamer and of Mr. Torr, 
the Custom House Officer, ra to the ring- 
ing of the bell, the 'examination of the 
luggage and the opening of the trunk wore 
80 clear, that they must be fresh upon 
your mind. But I must say a word or tw.> 
about the witnesses called for the defence. 
I Would not impugn those gentlemen who 
were called upon to tft<4tify to the general 
good conduct of the prisoner, partionlatly 
in reference to business matters; nor w juld 
I question the position taken that at one 
time in his life — like most men and vil- 
lians, too — his character WaS not v«!xardei 
as psrbaps it is now looked upon. £videne3 
of character amounts to little again$t the 
positive evidence that a murder was com- 
mitted; but 1. mu.<it call your special atten- 
tion to the evidence of the boy Hicks who 
called Miss Vail's hair at one tira» yellow, 
and at another time ligfU! Ho coolly 
swears he saw her on the wharf on the 
morning of the 2nd of November, and yet, 
when questioned as to his beins; in St. 
John at all at that time, be unable to say 
whether he was or not. He confesses also 
that he was obliged to enquire of somebody 
what her name was, and with a strange 
precision he is informed that it is ^rah 
Margaret Vail ! Now. as to the evidence 
of Howard, who in a stranger, I cannot 
{ divest myself of the conviction that he has 
told a marvellous stu.y in this case. He ' 
s<vear8 that Munroe Went en hoard the 
Boston boat close behind Miss Vail, some 
minutes before it left the wharf and that 
they went down the steps together. Here 
then, we have, by Munroe's statement 
made to Worden on the morning of Nov. 
2nd, 1863. Miss Vail at the wharf three 
quartersof an hour before the departure 
of the steamer; by bis coufeswiona to the 



m 



.^(T 



^li«e Mid Ite Ommt «h» mh^a jw* in 
time to mi 0ik \)imua.h6 h»d only time 
tohand oer her clupeks and shake hand.H 
yrlih her when the boat swqrs off: and 
new this witness is hroaght forward and 
testifies that she goed on l^ard some min- 
utes before eight o^olock ! Gentlemen of 
the Jury, I ask you to scrutinize such tes 
timony as this carefully. The learned 
Counsel himself has' refrained, and perhaps 
wisely too. from urging you to rely'upon 
this part ot the defence, haying chosen ra- 
ther to trust to impassioned eloquence and 
pathetic appeals as more likely to produce 
an e£fbct upon your minds. I feel, how- 
ever, that you will not allow appeals of 
any kind to intervene between you and 
your solemn duty in this case — a duty 
which is simply to render a true verdict in 
aecordance with the evidence under the 
law as given you by the learned Judge, 

the Hndin"; (out in that place which 
has been minutely described) of that 
flattened leaden t>ullet; of the child's 
dress clearly identified ; of the pinafore 
positively sworn to; of the little sontag 
iind the strings sewed on it : and of ttie 
other portions of a child's olothfing, oan- 
iiot leave a reasonable doubt npon the 
mind of any sane man that those were 
the clothes of Miss Yail's child. From 
these facts and a multitude of others 
equally convincing^ it is plain that on 
the 31st of October, 1868, Munroe, the 
prisoner, went out to that place in com- 
pany with Sarah Margaret Vail and her 
child ; and there can be no reasonable 
doubt but that there he deliberately 
committed the terrible deed for which he 
is now being tried before you, whom I 
bolieve t*» be, gentlemen, notwithstand- 
ing the doubts I have heard expressed 
to the contrary, a fair and impartialJury. 
I have been accused of acting in a blood- 
thrlsty manner because I have brougiit 
so many witnesses forward in this case ; 
and it has been more than hinted that I 
vas talving credit to myself for haviug 
traced out this long and. ove^vhelming 
cliaio of convincing testimony ; but far 
from that beiUK the case I have to say 
emphatically that to the Coroner, Df. 
Earl, on whose full, clear and painatak- 
itig depositions I have mainly relied for 
guidance in this case, and not to myself, 
U due the credit of unravelliijig this dark 
iu3'stery, and traoing with great patience 
tiie long thread of evidence which now 
enfolds the prisoner at the bar. 

In conclusion,! have only to'say that I 
have done my doty, and that while I 
hold my present office I will earnestly 
endeavor to discharge the solemn duty i 
owe the people faithfuily and consclen- 
tiouslyit If tor anything I have'done I 



deavrvaoenaare, I oall npon the Judge 
to apply such oenstire unsplMrii^i;Iy. I 
believe I have done my duty, i now 
leave the the prisoner in yon r care, with 
the earnest prayer that the great Ruler 
of the Universe will direct you aright in 
coming to a just and fbir conclusion as to 
what the faots prove in this all-impor- 
tant case. 

It was a few minutes past five o'clock 
whan the Attorney-General resumed his 
seat, and his Honor the Judge asked the 
Jury if they w^ould prefer to hear his 
charge at once, or whether they would 
first take tea. Some of them spoke of 
being tirod, and even not very well, ad- 
ding that they would like an adjourn- 
ment till moVning in order to come to 
the final consideration of the case with 
their minds clear They were anxious 
to getaway, but they felt the importance 
of this case to be so great that they woud 
prefer to have the court adjourned to 
next day. His Honor therefore ordered 
that the Court be adjourned to meet at 
half-past nine next morning. TlietbrouK 
of Barristers and others was so great that 
some_minutes elapscdjatter adjournment, 
before the Jury could leave the box or 
the prisoner be' remauded. 



Friday, Dec. Dec. 17 

The Court was opened, pursuant to ad- 
journment, at 9 30 a, m. The Court House 
at that early hour was crowded to excess. 
The learned Judge almost immediately 
commenced his 

CHARGE. 

The learned Judge said the prisoner, 
John A. Munroe, stands charged with the 
inui-der of iSarah Margaret Vail. The in- 
dictment is drawn up in the usual form. 
After explainin;; what murder is and what 
express and what implied malice, he said 
before proceeding further he had a few 
observations to raakd respecting his own 
conduct in this cose. It was .said that he 
was not justified in adjourning the Court, 
but he believed that he was. The la>V re- 

Juircs the Sheriff to summon twenty-one 
uTors for each court. Thi^ was done, and 
of the twenty-one only fourteen attended. 
The law also authorises the presiding 
Judge to order an additional num'~er of 
jurors to be summoned for the trial of 
criminal cases, if he shall think it neces- 
sary. In capital cases the prisoner is al- 
lowed to challenge twelve jurors peremp- 
torily, and in his view of the law, he he- 
lieved that he was fully justified in adjourn- 



-tBMttiiL, 



Judge 

Sly. I 
I now 

0, with 

Ruler 

igbt in 

man to 

Impor- 

o'clock 
ned Ills 
ked the 
ear bis 
' would 
poke of 
rell, ad- 
djourn- 
come to 
ise with 
ttttxious 
)ortance 
ly woud 
;rned to 
ordered 
meet at 
e throng 
reat that 
rnuient, 
e box or 



ec. 17 

nt to ad- 
rt House 
excess, 
ediately 



jrisoner, 

with the 
The in- 

}a\ lorm. 

md what 
he said 

d a few 
bis own 
that he 

le Courts 
la^ re- 

enty-one 
one. and 
ttended. 
iresidiufs 
in''w of 
trial of 
it neces- 

j^r is al- 

jpei*emp- 
hQ he- 

Ittdjouru- 



to b« RanunQoed. If be who wioQg w 
this, Mr. TbonifioQ, ii it •hould becoiae 
necessary , would bavo bi? remecjly . He ooald 
QOt see tnat the priHoner could be in any 
way prejudiced by having forty-eight of 
the best men in the Couaty summonMl 
from whom the Jury would be selected, or 
bv the postponement of his trial tor a week, 
llo.wevcr, whether be was prejudiced or 
not) if the summoning of the new jury was 
illegal the prisoner, would have his remedy. 
The Attorney General bad appealed to bim 
to express his view of his conduct in con- 
ducting the prosecution. He could not 
Heethat the Attorney General had over- 
stepped the line of his duty. He, as the 
proiiecuting officer in all criminal offences 
of the higher degree, wa-^i bound to sum- 
mou all the witnesses who oould throw 
any light on this mysterious case; and 
the moro serious the offence, the greater 
was the obligation on him to see trait the 
case was fully and tborougiily investigated. 
A good deal had beep said about oiroumtttan- 
tial evidence, and reference had been made 
to wbat he had saii in his charge to the 
Grand Jury. He saw no reason to change 
the <q)in!on he then expressed. Many oases 
must turn ipon ctrcumscantial evidence. 
If direct iividenco were always I'eqoired, 
then in nine cases out of ten criminals 
would escape. No one would say that 
as a geneial rule circumstantial evidenee 
is better than direct ; but there are many 
cases in which it may be better. A few 
peivsons may combine to procure the cou- 
viction of another, and give direct evidence, 
which may agree m all respect^, und the 
falsity of which it might be very difficult 
to detect ; but where there is a large num- 
ber of witnesses, each of whom may testi- 
fy to one or more separate and distinct 
facts, such combination is exceedingly dif- 
ficult, if not impossible. 

Direct evidence is where some persou sees 
the act done. ^ Circumstantial evidence is 
where no one sees the act done, but a num- 
ber of facts are proved to the satisfaction of 
the jury from which a certain conclusion is 
inevitable. Take for illustrntion the yery 
facts of this case — a body is found covered 
with moss and bushes. Could any one 
supjpose tliat the person whose body was 
so found had wandered 'to that place and 
perished, and that the body was not covered 
up by the hand of a murderer? No one saw 
the act done, but would any jury doubt that 
in such a case a murder had been commit- 
ted? Take another lise. A body ia 
found, killed by a gun shot wound, and a 
pistol beside the body. It might be said 



'U.-)i 



119 



bftUliky thill the penn biid eq a aitted 
•uioid»{ bttl it, mi eaiwiiiRtbQ of the 
body, it w«s foand that the baU wbiob 
oeused the death was too large for the 
pistol, the prevumptioD of saieide would 
cease, and the eeoclusioa would be that the 
death was caused by another person. 
Another not anonounon case is where 
death was caused by a gun shot wound, and 
the wadding of the gun was found, and in 
the poseseion of the person charged with 
the murder was found another portion of 
the same paper — either printed or written 
— corre^>onding exactly with the piece of 
'wadding found, and it was proired that the 
person charged had previously had the 
whole of that paper in his po»«e»ion. Al- 
though no one saw the shot fired, it cvuld 
not reasonably be doubted by whom it was 
done. It would be aa ioferanod to be 
dravm from the facta proved and therefore 
a case of oiroumstantial evidence. The 
case cited by Mr.ThouMon where the uoole 
was convicted of the murder of bis niece, 
yirho was still living, chooftfa a oasejjepend- 
iiig on oiroamstantial evicMnee, was mare 
frequently referred to as a warning agaiirat 
convicting for murder aniens there wan 
dear proof of the corpiu delicti^ as it was 
termed — that is, of the death of the person 
said to be murdered. In that case there 
was no evidence that the ebild was killed, 
the only proof being that sbo was heard 
to say, '^ Ob, uncle, don't kill me," and 
that she was not seen afterwards. Tiie 
conviction there no doubt waa improper, 
because the niece was living at the tune, 
and afterwards returned. A caso involv- 
ing that principal had lately been tried 
before bim in the County of* Carleton. 
Four persons were indicted for the murder 
ofa man who had lived with one of them 
and disappeared. Suspicion fell upon the 

Earti&s, and indeed two of them had been 
card to say that they bad killed the man, 
but they were acquitted, because there 
was no proof of the corpus delicti, and for 
aught thnt appeared the man may be living 
at this day, 'fhough there was no doubt that 
a conviction might take place on circum- 
stantial evidence, a Jury should be more 
cautious in such oases than when there was 
direct evidence ; and it was only where the 
facts proved, and the iuiforenoes to he drawn 
from such facts, left no reasonable doubt 
in their minds that tbe prisoner was the 
person whooDianiittedthecrhne, that they 
would be iustified in convicting. Crime 
always seeks coBoeulment. A person go- 
ing to commit crime always ohoosea a tiiuo 
and place, wben no eye can see him ; if, 



therefore, it was neceswiry in uU cases to 

Yfgfb MMii Mt pmmmmtMiafm^, li mi 

tilMHiMft of t«ii. 6riMrtMa)tt i^otfldHjstoliiwV 
■ *Ue wdald now tttvn tbeiratlention to th« 
faetfl of thS cftfe Tlie burden of pitK)f rest- 
ed upon the Crown . Tlie prisoner waH pre- 
Bunted to be fnnooent until he wtw found 
ffuilty. The Attorney General m>«8t show 
tnat ibe murder wad committed by the priM' 
oner. It was not enotfgb to show that 
this was probable^-tliey mast be satisfied 
of it beyond n reasonable doubt. 

Thore were three questions for their de- 
torinination in this case. Ist Were the 
remains found those of Samh Margaret 
Vail? 3nd. If they were, was she unor- 
dered? 3rd. Was she nmrdered by the 
prisoner ? The first question also inrrolved 
the inquiry whether the person called Mrs. 
Clarke was in reality !:^aiah Margaret Vail? 
To ascertain this, let them go back to the 
first knowledge they had ot this woman, 
when she arrived at Mrs. Lordly 's on the 
23d-24thof Got. 1868. On tho following 
day ht»r trunk and bag came there. Mrs. 
Lordly^ saw the trunk opened and the 
smaller one inside of it, and she also saw 
several articles of clothing in the smaller 
trunk, particularly a bKie dress. Th -n wo- 
man remained at Mts. Ijordly's until Mon- 
day, the S6th, when tho prisoner called 
and took her away. 'I'he trunk and bag 
were taken from Lordly's to Lake's Hotel 
on Monlay fevening by the ooachman, 
VVorden. Mrs. Lake saw tlie trunks open- 
ed, and identified several o<" the articles of 
dess. OnMondny, 9nd Nov., the trunks 
and bag were taken from lake's to the 
American steambont by direction of the 
prisoner, and checked for Boston ; they 
went to Boston, and, not being called tor, 
remained in the warehouse there till the 
29th Sept. last, when they were sent here 
on application of the authorities, and de- 
livered to Capt. Chisholm, the agent of the 
Steamboat Uompany, and are jinxiuccd in 
Court with the check of the steamboat 
"New England" attached to them. The 
trunk havtag been opened in the warehouse 
in Boston was proved to odntain the same 
articles as were in it now. Mrs. Liordly 
had identified the trunk by a ma^k which 
shestiid Mr. John ^.Monroe, the prison- 
er's father, made upon it at her house. 
He might here reniark upon the con- 
trad iotioo between Mrs. Lordly and 
Mr. John J. Munroe. She' stated in 
her evidence before tho Coroner that 
Mr. John J. Munroe eallod at her 
house on the Monday. thAi she took him 
down to tl>e office and showed him the 
trunk, that he said it ktokod Ukt one from 



his factory, and taking out hi.s knife cut a 
ffllMe <dr iihS dP«re« it, nM \\mi ;iii4 
there was fltf- doubt it ' wm on^ (Af his. 
The Jury saw the trunkand could tell 
whether it h«d the mark spoken of. 
It did not appear whether Mrs. Lordly 
had area the tnink after it was return 
ed from Boston, before she gave her 
evidence at the inqaest. If she had nos, 
and the trunk bore such a mark as she had 
described, it was a strong fact to corrobo- 
rate her evidence. Mr. Munroe says that 
he never saw a trunk at Mrs. fjordiy'8,aud 
that he went thereon Tuesday, and not on 
Monday. It was not liis (the Jadse's) 
duty, WRen evidence thus conflicted, to 
determine which was reliable — that 
was the duty of the jury. He might 
say however, that in his experience, 
although evidence may be contradic- 
tory, one statement must not neceasari- 
ly be wilfully untroe. Persons desirous 
of telling "the truth will of\!en diff"- 
er, because human memory and eyes 
and ears are fallible. They should 
make allowance also foir the ezoit6« 
ment under which th^ parties might 
belaborit^attbe time. Certainly Mi-s. 
Lordly didseem to have been excited and 
aggravated, and Mr. Munroe was hodonbS 
excited when he got bet note. Whether 
Ml'. Munroe was misttiken or Mrs. Lordly 
was mistaken, and this whole story was the 
coinage of her imagination, was a ques- 
tion for t heir determt nation ,i t certa inly was 
strong corrolwrative evidence, if she made 
the statement before she saw the trunk. If 
thoy gave credence to Mv, Munroe, it was 
for them to determine whether any part of 
Mrs. Lordly's testimony is entitled to cre- 
dit. When a witness wilfully swears to 
what is false in one point, it throws a 
doubt upon the whole testimony, but if he 
only makes a mistake in a part of his evi- 
dence, that would not necssarily he a reason 
for discrediting the whole ofit. The evidence 
of Mr. Knowles as to the slats and the make 
of the trunk, appeared to corrobaratc the 
evidence of Munroo. It was for them to 
take all these matters inb^ consideration, 
and determine whether they discredited 
the evidence of Mrs. Lordly in whole or in 
part. There was no doubt that the trunks 
were at Mre. Lordly's, because Worden got 
them there by direction of the prisoner, 
and look them to Lake's. Then we trace 
tliem to Lake's. There they were opened 
and Mrs. Lake saw the small trunk Kiside, 
and the parasol. The next piece of evi- 
dence bearing on this is that Worden was 
told by the pris^er to tiiko the trunk 
and bag to the boat on Muuday morning. 



on 



jJiiirRiii). 



jm 



TlMj3hW0, 




e hrtd 

rroby- 

H thtit 

8,aud 

lot on 

lee's) 

ed, to 

— that 

might 

rJeoce, 

tradic- 

esirous 
n diff- 
ad eyes 
ahoul^ 
exoit** 
might 
.y iSfi-s, 
ted and 
to donbs 
IThether 
Lordly 
was the 
a qnos- 
"nly was 
made 
ink. It 
it was 
part of 
bo cre- 
ears to 
rows a 
lut if he 
his evi- 
|a reason 
ividence 
.iO make 
Irate the 
ihem to 
[eration, 
[Credited 
tie or in 
trunks 
ingot 
risoner, 
[ve trace 
opened 
Kiaide, 
of evi- 
[en was 
trunk 
orniog* 



Were cnep 

ton w\A rigi^alined tl^i 
hdtis^'un^il Septembsir 3S|ih, when tboy 
were,.46nt QQ here. They were opened io 
Boston, and parties who there saw the 
contents, prove that th<sy are the same 
that was sent to Captain Cbisholm who 
received them on October 1st. and took ap 
inventcry of the contents. The learnad 
Judge then read the evidence of Captain 
Chishohn and the inventory, and proceed- 
ed. l>)ow then, they had traced this trunk 
which came to Mrs. Lordly's, from that to 
Mr. Lake^R, from that to Boston, thence 
back to iSt. John, and here they now had 
it. They should mark what some of the 
contents were. Captain Chisholm produ- 
ced a bide cobour^ dress whioh Mrs. 
Lordtey sqA's she saw Mrs. Clarke take out 
of lier trunk, and she pointed out the spots 
on it by wHich she recognizod it. Mrs. 
Lordly^ said also that Mrs. Clarke had an 
embroidered petticoat, and that some of 
the fragments produced were like it. He 
then re&d the rest of Mrs. Xiordly's evi- 
dence^-what she s^id of the prisoner's 
coming on the Monday, her dcscriptiop >f 
the hair, sash, ribbon, the sacque, thu 
child's hair, which she called tow hair, 
and of the child's dress. His Honor 
dwelt upon this. Mrs. Lordly said that 
the dress found out near the Black River 
road resembled the dress the child wore, 
but she could not remember the ruifles 
about the bottom. Mrs. Crear told tliem 
that her sister tore up one ot her owa 
dresses to make two dre.«tses for her child, 
that one of th^se had ruffles and the other 
what she called a pi/;nose trimming. Ma- 
ry Blacker Mrs, Lake swore that uie child 
wore the dre.»« with the ruiiestbe Saturdp^ 
morning she lelt Lake's, that she had tLe 
other dress on when they came to the 
liouse first, but the mother changed it a 
ieyr days after, and that the dross found is 
the dress the child wore on the Saturday. 
Neither dress was found in the trunk 
which came from Boston. This reconciled 
the evidence of Mrs. Lordly with that of 
the otlter witnesses, (^nd corroborated it to 
that point. A tier was also pro- 
duced. Something was said of the 
difficulty ofspeakin;i; to such articles, but 
it does seem that females remark mure 
closely than nien the materials of dresses, 
the style in which they aire made up, and 
the character of the work. There may be 
difficulty, but when there arc .so many wit- 
nesses swearihg, sometimes oositively, at 
other » to thfe best of their opinion, to such 
a nu liber ol articles, t!iis is a strong liict 



tiHHlftUi*l^lkerldelnktfitetMki:«ri4ik«e ftf • 
uuiins/— The tier from the trank was per- 
fjBot. Another ioand outside Mm. I^ke 
swore had been also pink, althoagb part 
of it was now iadsd almost white. Mary 
Black or Mrs Lake&wore the child wore 
a pink tire when she left Lake's bouse. 
Mrs, Ijordly was positive as to the ti*^r 
aad the dress and aacque of tHe obiid. It 
was for the Jury to say the marks on the 
blue dress were such as would enable her 
to identify it. Mrs.^ Lake also positively 
identified that as the blue dress Mrs. Clarke 
had at ner house. The trunks oame to her 
house. She saw them open and the smaller 
oneinside, just as they were when produ- 
ced in Court by Capt. Chisholm. In that 
was the oobourg dress whioh she swore 
was thBi^me she had seen at her house, or 
one just like it. Then they had the evi- 
dence of Mrs. Crear, who swore positively 
as to the blue dress, and siid Munroe 
gave her sister the money to buy it, and 
she herself bought it Mrs. Dykeman'made 
it. Mrs* Dykeman proved she mode a blue 
dsess tor ^i.<w Vail, but did not recognize 
this. She made a sacque also for her of 
blue grey whitney cloth. She would not 
swear to the fragments. But said they 
were of blue grey whitney cbtb, as was 
the sacque, and had braid on as that had. 
They bad then the evidence of Mrs Lordly, 
Mra^. Crear and Mrs. Lake, as to the blue 
dress, and in the trunk brought from Bos- 
ton they had a blue dress which they re- 
cognized as the .^vme. Another article 
from the trunk was the child's white hat, 
whiob was recognized only by Jane Mc- 
Laren, the girl who lived with Mi.ss Vaii 
alter the ohild was born. She said it was 
the hat the baby wore when Miss Vail 
went away. VV ith regard to the emhi*oid- 
erod skirt and drawers produced from tiio 
trunks, Mrs. Olive swore that t!ip skirt 
belonged to her sister, Sarah Margsivet 
Vail, and that she drew the (uittorn trom 
the embroidery of her own skirt. Another 
was shown her, and she said she iiad 
drawn the pattern tor this also, and when 
a fra menb of the embroidery tound at the 
pLsico was shown her she swore that this 
belonged to iter sister, and she had drawn 
the pattern for this also. Mrs. Crear o:i 
this point said that the embroidery on one 
of the artioles was wheel work ; that her 
sister wcn-ked it at her house, and she got 
the materiab for her. She also described 
bow the Work was done, and wfcy the num- 
ber ot boles was leiisthan on the pattern. 
Another piece off ber draw-ws was shown 
her^ and this also she positively identified,, 
imd dusori|>ed haw the work was done. 



Vfl»tii4L. 



MRft RRlud IB •M' tHMK^MMI 

•hown hflrsbe swora that sb« bad dWn 
seen her sister do it up, that shfl wore it 
on one ocoasion berseli. ttnd that the pris* 
oner oiten had the embroidery in his 
hands when her sister was woflcing it. 
She swore alt» that she never saw a pat- 
tern like that of this pctticoatt The pho* 
tographs found in the trunk she also re- 
cognized, and the (Miper box containing 
the hair of her lather. Then there was 
the evidence by which they were to deter- 
mine whether those articles were the pro- 
perty of Miss Vail, and whether the wo- 
man called Mrs. (Jiarke whs not !:jarah Mar- 
garet Vail. This was one of the questions 
they must dntermine. Suppose no state- 
ment had been made by the prisoner Was 
there enough to satisty them that the Wo- 
man was Sarah Margaret Vail ? They had 
iiowever. the statement of the prisoner on 
this point. A good deal had been said as 
tojthe mannor^i'i which this had been obtain- 
ed. If it had been shown that any threats 
were used, or inducements h^ld out, in or- 
der to cause the prisoner to make those 
statements it sliouid certainly have ex- 
cluded them, but by the evidence of the po- 
lice officers it had been shewn that Munroe 
was first cautioned by the Police Magis- 
'' trate and afterwards by Mr. Jones, and 
thej' stated positively that no inducement 
wus held out to him, Tlie evidence there 
lore wtis admissable There was, it was 
true, a contradiction between the Chief of 
Police Marshall and Mr. J.J. Munroe and 
'■ Mr. Potts. It was for tlie Jury to deter- 
'■ mine which had given a correct account of 
' what had taken place, unii in doing so to 
' make due allowance lor the excitement of 
the parties and judge whetljer Marshall 
. could have forgotten everything that was 
. said. If they canr.ot reconcile the state- 
ments then they must determine which 
' to accept and also whether idarshall wil- 
* luUy misstated what had occurred , and 
therefore was or was not wholly unworthy 
of credence. This much he must say that 
il" Marshall made such a statement to Potts 
as Potts alleged, then his conduct was not 
only indiscreet but most improper. 
What riaht has a police officer to bold con- 
fidenfinl communications with a prisoner 
riSiidy ? It was utterly prepoeter- 
o T, :« that this could be permit- 

. • ^: M not say that Mr. MftTshftll 
-':,■» a statomenc to Potts, but if 
J most improper. They had 
i hether there could have been 
a confidentiul commanicntion to Marshall 
when Jones was present. The material 
question at present was not whether Mar- 






mat dki fMk» «iM» n^kkiim^^^i^, 

bat whether the prisotier m4de the state- 
ment to MtinrhaU #hioh be gave iti evi- 
dence. This did not depend on Marshall 
alone, but they bad also the evidence of Mr 
Jonas and Dr. Earlo. If they had reported 
correctly, the prisoner said, not that this 
was Sarah Margatet Vail, but that she 
yrvLH Miss Vail, dr as one of the witn^saes 
put it, the Vail §irl firoiB Carleton. Jonas 
stated that he said her name was Vail, and 
did not mention her Christian name, Mar- 
shall said that he said the woman's name 
was not Clarke but Vail, that he was ac- 
quainted with her lor some years, that she 
lived in Carleton, that she had a child,that 
she had some property and sold it. Dr- 
Earle stated that the prisoner stud, ** It 
is not Mrs. Clarke at all, it is the Vail girl 
from Carleton and her child with whom be 
had 30 much trouble." They had no evi- 
dew» of any other Miss Vail who had a 
child and property, and With whom the 
prisoner was intimate. They had besides 
these statements the facts respecting the 
dresses, photographs, and other articles 
found in the trunk and on the ground. It 
was for them to determine whether the givl 
who went out there with the prisoner on 
that Saturday, and who was murdered, 
was or was not Sarah Margaret Vail. The 
prisoner cannot be tried for the murder 
of one and found guilty of the murder of 
another. If they were not satisfied that 
this was Sarah Margaret Vail, then he is 
entitled to an aCquittiil If they were satis- 
fied that the woman called Mrs. Clarke was 
Miss Vail, then it was tor them to deter- 
mine whether the remains were those of 
Sarah Margaret Vail. If they were not 
satisfied on that point he was entitled to 
an acquittal. This is the proof of the CoV' 
pus delicti. What evidence was there on 
this part. It must be made out by cir- 
cumstantial evidence. There was no posi- 
tive proof, but a number of circumstances. 
They had traced her to Lake's Hotel. This 
she left on that Saturday with the prison- 
er. How was she dressed, what was there 
peculiar in her dress, in that of the child, 
to enable any one to idetitify remains. She 
wore a black dress, black Garibaldi and 
black hat. Miss Campbell stated that she 
dyed a white straw bat bliiok, trimmed it 
with black Illusion, black gauze ribbon, 
and crape flowers, and that Mrs. 
Crear took this hat away. Mrs. Ells siov 
Miss Vail in April, and she then wore a 
bhck straw hat. Jane McLaren saw 
her wear a black dress and black 
straw hat. Mrs. Lordly said she 
wore a black dress and black hat. Mrs. 



101 



tate- 
pvi- 
-shall 
of Mr ' 

lorted 
i this 
I she 
[ifesses 
Jonen 
il, and 
, Mar- 
I name 
as ac- 
iftt Hhe 
Id.that 

• »«:• 
, •• It 

'all girl 
bom he 
no evi- 
) had a 
am the 
1 besides 
ling the 
articles 
and. It 
rthegivl 
joner on 
kordexcd, 
A\. The 
murder 
lurder ot* 
led that 
ja he is 
are satis- 
arke was 
;o deter - 
those of 
xere not 
[titled to 
the Cor- 
ibere on 
by cir- 
no posi- 
istances. 
1. This 
j»rison- 
ras there 
he child, 
ana. She 
laldi and 
1 that slic 
[muved it 
ribbon, 
|at Mrs. 
lis savv 
•wore a 
,Ten saw 
blauk. 
Ad she 
kt. Mrs. 



LOwMuatlMi Of wan a UMi Ai4«r 
■ooM kind, trimiuad with Ua«k. Mary 
Black that she wore a tbia blade ooboarc 
dress and t>mbroidcred petticoat and biaok 
hat trimmed. Hhe did not know bow. Mth 
Crear, when the remains ol the straw and 
trimmings were shown to her, stated that 
it was the same kind of straw, the same 
kind of illusion and oauze ribbon, and that 
she had hemelf purchased the remaiodeir 
of the black crape fljiwers Miss Camp- 
l)ell then had, and she praduoed those 
flowers, to show that they were 
the same as those found, only that 
hers wore fresher and bri)j(hter. If her 
evidonco iS reliable this is certainly a 
stron{$ fact. Very true, there is nothing 
uueuuimon in these tbinj^s. Many wo- 
men wear black straw bats with some 
such trimming; but it is the aocumula- 
tiou of all th(»te facts and circuaistanoes, 
the correspondence between all those 
remnants and the articles worn by Miss 
Vail that they must rely upon in order 
to determine whether these were the re- 
mains of Sarah Margaret Vail. Then 
thev found by the evidoc^e that she had 
a blue grey witney cloth sacque, bound 
with braid. Mrs. Dykeuuin made her 
such a sacque f>ome two or three years 
ago, but would not say whether the pi«»ce 
shown was part of it ; but the piece was 
blue grey witney, and bound with black 
skirt braid, as was the sacque she made. 
Mrs. Crear said she had a dark grey wit- 
ney cloth sacque, that she bouj^ht the 
cloth at Mansou's and the braid, and that 
one piece shown her was the back, of that 
sacque, and atiotber part of the sleeve. 
Mr-b. Lordly said she had a kind of drab 
sacque, and that the piece shown her 
looked like part of the sleeve. Mrs. 
Olive also ideutiried ibo pieces. When 
witnesses swear positively to some por- 
tions of what Avore found and say they 
don't remember others, this seems te 
show that they say what tliey believe to 
be true. If ihey came to swear falsely, 
it was just as etisy to swear to all as to a 
part. Mary Black .said Mrs. Clarke wore 
a grey sacque the morning she went 
away, and that the piece produced was a 
piece of that .>»Rcqne. Here was the testi- 
«mony of independent witnesses, who 
seemed to have no motive to swear what 
is untrue, and it ought to have much 
weight. Taking all these circumstauoes 
together with regard to the sacque, that 
she had a blue grey witney sacque, that 
she wore it the morning she left Mr. 
Lake's, and that part of such a saoque 
of the same color was lound out there, 
all this must have weight in enabling 
thoiu to arrive at a conclusion. Mrs. 
Lake and Mary lilack spoke of other ar- 
ticles, lu the trunk from Boston there 



n wkll» aadeMkirt wttb MibroMirjr 
wbleh was partly soiled. Mrs. Lak«» aays 
ahe wore such a pettlonat wl en she came 
to her house, took it otf a few days after, 
when she bought another, and put it in 
the trunk. The skirt she bought was a 
grey, trimmed with red at the bottom. 
The dress now taken from the trunk she 
says bas the same appeamnoe. Mr*. 
Lake says she saw no night dress with 
her, and none was found in the trunk. 
She recognised thd skirt in the trunk, 
also the child's dress with the rufHes, 
which was the one she wore wlien she 
left her house. 8be said that when the 
child came to her house she wore another 
dress of the .iame material ; that this waH 
afterwards taken otf, and the dress with 
the rnffles put on and worn until she left 
the house. The learned Judge read Mrs. 
Lordly'S evidence on this point again. 
(Mrs.'^Lordly saw the child wear a brown 
ooburg. She thought she recognized the 
material in the dress found on -the 
ground, but she could not remember the 
ruffles.) Mrs. Lake stated that Mrs. Clarke 
bought bine grey stockings with white 
tope, and put them on during the week. 
Mr. March, some time after the remain ? 
were discovered, found the top of a wo- 
man's stocking, which Mrs. Lake said was 
of the same material. Mrs. Clarke also 
bought a hood for her child and a sontapr 
tbr herself while at Mrs. Lake's. She 
havi a sontag for her child when she came 
there, and while there she sewed strings 
on this. On the child's sontag, when 
found, were strings, and the Jury could 
judge whether these were on originally 
or w^re sewn on afterwards. Mary 
Black swore that Mrs. Clarke wore a 
sontag the dav she went away. All this 
evidence with regard to the black hat, 
the black garibaldi, the groy sacque, the 
blue grey stockings, the underskirt with 
its trimming, most assist them in deter- 
mining whether these were the remains 
ol Sarah Margaret Vail. Then as to the 
clothing of the child, Mary Black said 
she wore a dark drab dross, with nifties 
at the bottom and sleeves, and said the 
dress found was the same. Mrs. Lake 
said the child had a dress of dark coburg 
and a pink pinafore, that the dress found 
wtts the same ; that she had remarked 
the work on it, and would have known 
it if she hail seen it on another child three 
months after. There was some little 
contradiction about the evidence of Mary 
Black. She said that a man called ou 
Mrs. Clarke on Friday. The certificate 
which bad-been out in showed that the 

Prisoner was in Fredericton on Friday. 
t was clear that the prisoner could not 
have been the person who called. They 
shoold give what weight they thought 
proper U> any discrepancies in the evi- 



dtti 



.Miii'iriliii 



t 
I 



•<r)«nee. TbafR ^m «ftH»tfi«r- pl»^<tt'm^ 
<Jenoe whicbvto IiIm miod; was one Af tlVB 
Hti'oni^est that eonld ba eoiK^eived. It 
was his duty to express his opinidn when 
any piijca of evidence seemed to liim 
particularly stroiifi;, but he must tell 
thoin that they were not at all bound by 
his opiniou oi- his inferenoes; they must 
weigh the evidence, and draw their own 
inl(;i-ouces from it. He thought this a 
most important pieoo of evidence— the 
janda^o which was found on the gronnd 
containing the leaden trass. Dr. Peters 
Ntate<l that the child of Miss Vail liad 
unibilioal hernia, or rupture of the naval. 
Mrs. Crear stated that, acting on Um ad- 
vice of a nurse, she got a bnltet which 
was cast for a King George musltot, beat 
it out flat with an axe, punched holes in 
it, rasped tho^e smooth, then sewod the 
truss in a piece of unbleached cotton, 
and that the ohiid wore this truSs until 
Kho left her sister's in August. Jane 
MoLaren, who afterwards took care of 
the'.hild, stated she woreabands^;e with 
something hard and ronnd in it, about as 
large as the top of the ink bottle. Mary 
Black Swears that the child wore a ban- 
tlage on it at Mrs. Lake's, and Calvin 
Powers stated that he found the bandaij^e 

groduoed out on the ground on 8eptem 
or 15th. There was this difference : tliat 
the bandage found is of flannel, with 
pieces of cottoo adhering to it. This 
Mrs. Crear sought to explain. This evi- 
dence seemed to him exceedingly strong 
to identify the remains of Sarah Marga- 
ret Vail and her child. There was only 
another fact that was relied upon, that 
Mary Black gave Mrs. Clarke some 
beads. They were not strung; those 
found on the ground were strung, and 
were of a common description. This he 
did not think very important evidence, 
but it was one of the circumstances, and 
it was for them to decide whether muoh 
weight should be given to it. He believ- 
ed he bed now reinarked on all the cir- 
i;ii instances that would serve tor the 
identification of the remains. The next 
question was how did she come to her 
tioath. If she had gone into those bushes 
and perished she would not have been 
covered up. There was in addition the 
fact that there was a bullet hole in the 
skull; that the prisoner had bought a 

S'.9UA carrying a cflrtiidge known as 
o. '22. The evidence ot the medical 
men showed that such a hole as this in 
the skull would be produced by such a 
bullet, and that the bullet entering there 
would produce instant death. Dr. Ohris- 
tie (whose evidence he read at length) 
found in the brain matter a small piece 
of the inner table of the slcull, and on 
this and on the ragged edges of ihe hole 
iu the skull were particles of lead. It 



1la»%e€i4'til(dtU« fliero'aii^ Mfv t^$(iTt« Af 
coneludiUfC "i^hetber the remains were 
these ef » male or temalo. The medical 
men eertaiinly did say that this could not 
be told fh>ni the skull or tlid bones that 
wore found, those of the pelvis hav- 
ing been alroosc destroyed, but the 
el^hing was that of a female, not of a 
man ; the hair was that of a female. 
There was some evidence as to the iden- 
fity of the hair, eapeclally that of the 
ststors. It was for the .lury to say whe- 
ther there was anything about it* so pecu* 
liar as to enable them to identity it; 
whether they, being under the impres- 
sion that their sister was mucderod, were 
not through that inducod fo swear so 
positively, no doabt believing what they 
said to be true. It is pretty hair, but he 
thought many women had similar hair. 
Another piece of evidonco in ly be morfi 
reliable — that with regard to the teeth. 
They heard what the doctors said. Dr. 
Fiske said the irre;j;nlarity in the 
front teeth was a pleasing irregularity 
which would be remembered by friends 
and probably not ol>sei-ved by strangers* 
The teeth are handsome, and one of the 
fronfe teeth laps over. One of the toeth 
also has been extracted, as described by 
Mrs. Crear, and one is defective, as she 
stated. It is for yon to say whether these 
things, and not the<e only, but all the 
oiroamstanoes and facts, are such a^ to 
enable yovt to arrive at a conclusion. 
This is' a matter for your most serious 
consideration. Dr. Uayard's evidence 
contirmed the evidence of Dr. Christie as 
to the probability of such a bullet pass- 
ing through the skull. Tlu^ evidence as 
to the child's t-joth appt-are 1 to amount 
to this, that it was iinpcriectly formed 
and not cut. It did not seem very im- 

Eortant to him. Fron\ the evidence of 
ir. Christie it was shown that the skull 
was perforated by a leadwi bullet, caus- 
ing death, and that the hole was such as 
would be produced by a cartridge No. 
22. It was for them to conclude from all 
the evidence whether Sarah Margaret 
Vail came to her death by violence. 
They should also tako irito consideration 
the evidence of Mr. Douglas, Dr. Earle, 
Calvin Powers, Sarah .Jane Collins, the 
colored people, and others, that the re-* 
mains were covered with moss and 
branches. This was the principal evi- 
dence to enable them to determine whe- 
ther the weman had come to her death 
oy a pistol ball, whether she had gone 
into that place and perished, or came to 
her death by violence. This was another 
question which must bo settled by cir- 
cumstantial evideaco. No one saw her 
shot, but tht.>y had the facts that the 
skull was perforated by a bullet, aufl 
that the remains wore covered with moss. 



1 



llcrtl 

mot 
tbat 
bav- 

tho 

of A 
nale. 
iilen- 
if the 
who- 
necu- 
ly it; 
ipres- 
, were 
sar «o 
,t they 
but he 
r ha\r. 

teeth. 

3. Dr. 
n the 
nlarlty 
friends 
Rngets* 
3 of the 
he toeth 
ibetl hy 
?, as she 
ei" these 
It all the 
|ch a* to 
icUisio"' 
serious 
A-id«nce 
ristie as 
let pass- 
llenoe as 
aiifn«i'»t 
formed 
ery i>"- 
lence of 
[he skull 
et, caus- 
such as 
dixe No. 
from all 
Largaret 
-loletice. 
deration 
r. Earle, 
Una, the 
t the re- 
loss and 
lipal ovi- 
ine whe- 
er death 
Lad Rone 
came to 
another 
by eir- 
saw her 
that the 
net, and 
ith moss. 



THB TftlAii. 



m 



If thoy were catisflod on that point, 
tlxcu the ntfxt quocition tbr their coasider- 
atloa wa«, "By wljom was thq mur- 
der uonitn i tted ?' ' They now come to the 
most liriportant part of the enquiry, 
Who do thoy find was the Inst person In 
whos© company Sariih ^nrharet Vail 
was neen. Certainly the pHsoner. Tlie 
evidiatico of Wovden show* thin. Thw 
loHrned Jud)j;0then read this »vid;n>oo in 
full. A snrTev ot tbe ground was made > 
by Mr. vVolion. Tbe diatanca from 
]iunli«r's £^ use to the tnidd'e of tit* 
road is 1 ebain 47 liDk», frou that to the; 
Fm*lcs 223 ciiaijiB 20 linlcs. from the Furlc^ 
ta the place whore Worden turned, near 
what is called the pool,39clialus 5 links, 
fi-omthe pool to the patli 8 chaikis40 links. 
Total f\*om iJtlnker's hon^e' to the path 
leading into the place, 6A chains and 68 
links, a Uttlo over three quarters of a 
mile. From the pool to Uollins* iM67 
chainsaud 58 links. Total diBtaAeefroin 
Bunker's to Collins', 132 chains and 26 



links^ or nearly 1 3>4 mila This Jadge 



rethd tiie evidence of GeorgA Buiiker, 
JoLia ColiiuH, arHi (tie otiier perapaa liv- 
iii{{ on both ruads, and continued ; The 
evidence proves thai tUot prisoaer went 
out with her iu a coapti. on Saturday, 
October 3lst ; that he waa the last person 
seen with hor; tbiit he i;6id Worden on 
the first d^y he went out that she was 
golnig to Collins*, and afterwards tbat the 

Eorsons (she ^vtlnted' to eee were hot at 
oinef thtvt on the>eQOnd day be retwfn- 
ed without the woman, and told Worden 
the people she wanted were at home, and 
that MrTOolJUns iwooid brtaig her in oti 
Monday rnpcning in time tbr the buatj' 
Mr. Collins knew no such poirsons as 
Mrs. Clarke or Miss Vaif, and neither 
he nor any one elae livinji; on eiti»»r road 
ever knew of such a person being out 
there or had brought her into, the city. 
The evidence of the two poAioe fttficers 
and Dr. Earle on tiiis peint was that the 
prisoner stated that they got out oa the 
two occasions nearly at che same plaoe, 
ai|d ttiat she walked toiwarde Ooilius' 
while he rem&ined behind, and that on 
the second oocaaiqn sbe caue back and 
told him the people slie wanted to see 
were at iioiue, and thtttshe w«s to remain 
with them until Mondi^ moroteg. Mr. 
Thomson argued Uwt if tbejr took part 
of the pmoner's stwtementtmqriiMUtt nke 
the whole. That is not so. U is true tbat 
if the Grown give pari of • irftemient it 
must give thef whole in evideaoe, but the 
Jury. were not bound tp belieretbe whole 
butmfty believe part and r^e<A part. A 
man who knows that eeftMn baitg otn 



oioQ. In •omintk) a tonolosiooas to wheth- 
er they should aooept hie etateiaent that 
Miss VaU went awsv in the Ixwt on Mon- 
day tiiey should look at the rest of the evi- 
dence. Where wus she on that .Saturday 
night and ikuiday ? WlMibrooffht her 
into St. John ? Was not ColHnn's th«^ 
pUca named a» that to wiuebahe was goinj^ f i 
Was nay other plat* ni%aMd? Did Oollin»> 
bring ber in? - Who brtnagbt Iter int'> 
These were nerioiM qnastiona. A^ln l«r - 
them aak^tiiemwlroe wbetbsr tlior* wm ' 
i aaythii^ inMtmrAa's tMumerj Aoeording^^ 
to his own staiteamt be remained whire ' 
, he cot out of the carrkige, nvd according^ 
to the evidence of Worden . and Bu nker he i 
was aw«y about three qoarteni of an hour. <' 
They can not speak positiveiy as to the 
tiin9,.but see what was done. Worden 
drove baok, putiiphis'noc88s,then ordered n 
dinner, and dinner was nearly reody when 
MunrM eaxno to tfae house. They ooilta 
iocm their !Own opinion as to the tioie spent ^ 
in gt'tting a pUua dinner in n country^ 
hoa89» Munroe^wben hearriTed,wA« sweat- v 
inff,a« i said be had a hear jr walk . if he had f 
only come kma the forks of the road, woa'" 
tbpkt a heavy' waUc ? Was there anything* 
extraordinary in tbek getting oat on hotftv 
occasions at tiM» samepkoe. Why dkl noti<' 
the ooach gK> on to Collins' with the w»>:< 
man if he ^ould not Uia story on thia^ 
^int wae sot oonsistobt.. Uo told Dnt~ 
jSarLe tb%t besaiwber pais OoUina'. Whe«>^- 
a m$oi teU» a plain, honest, oonststent* > 
stoiy it should kiu, in his fiivor ; but if> ii^^ 
was .inoon8ist0at and untAw in port, thetvi 
this wa» a 8U>olif cireufmstance againsfea 
' hiai. If she was nut brraglit in , t^hat bo* >" 
cane other? On theother faaad, waa tbe«' 
testimony of Hicks, wbieb was so extfuairdt« i: 
vofj and oontradykitoiy, tbat he woahl^: 
read the wtiiole ef it to them. U«^ 
endeavour^ to show that on Mon*/. 
day morning be saw Bliss Vail gKvv: 
on board the steamer. In judging whether < ' 
they would beiiete a witness, they mustw 
:.. J-. ^^^ merely^ bgr his laqguaze bnt ahia<1 
demeanour. • He wonki leave it to 
to say whetber the^ could give ere^^^^ 
denoe to the testimaay of one who iMttod aa • 
he had, and sO' often sakl that he eould nok> ^^ 
swear positively to anything, ooDttadioted'^^ 
as it was by the evidenoe of UoUtns aad eoff 
many others, ,.Xbe eiidenoe ot Howard^ 
-waf also oootradtetbcy o| all; <^ evidenel»l'» 
wbiolv showed she waa oarriei onk and no^* 
brought in bf OoUias oraiijr oa* olst in the 




sevial fiUse s'latomenfe. to tbem fbr thS Jjuld u?t mJSS ^'^**^^' S* 
purpose of te^^t^ hfuKBlf frutt Su^i- - ^ ^ ^eoouset 



I 



had no «pnoe«tt<m 



the >aMnilhw ■■ Har:<: 
iWitb lb«M partis, foatii 



iiw:i 



136 



THt TRIAL. 



it was not dear that he anight not hare 
been mistaken as to tne day, and have seen 
her on the day Hhc went to the States with 
the priHoner. | Mr, Thamsen. interropting 
the Judffe, said the evidonoe of the witnem 
and ot Mr. Hunt lift no room for mieh a 
supposition ] Tbere was another point. 
Howard swore that h« taw the woman go 
slowly down the wfaarf.Muiiroe follow her, 
and then Manioe and the woman stand on 
the deck and gcrdowm siaim togotheir fe 
the boat. Thia waJBeoMiMectwith Mnn- 
roe's own statemeBt ibat ha bad Jusl tUoe 
to giva her the obeoks laad ahake bands 
wiwberwben the boat went off. [Mr. 
Thorason asked the Judge to read the eri- 
dence oi Edward Priee^ which; he said, 
must prevent any jury from convicting the 
priHoner. The Judge read ' the evidenoe. 
nnd said : ] Some of the desoriptions given 
by Hun witness Oivrrespond with the des- 
criptions ot the dress of Miss Yail and bn 
child, and be thinks she gave the name 
ClMke, but he says that his return home 
was delayed by ftsnow starai,and that this 
was not the ftnt snow of the year, not that 
which fbll in October, but that whioh lay 
on the gnmnd all winter. He wa» snre he 
was not Irom borne on Bunday. It may be 
the day after that be left home, but he 
thought it was on Tuesday, and it was 
about lour in the afternoon when he ar> 
rived in St. John . . Tb<qr must come to the 
conclusion if this was SambMargawt Vail 
either that she nmained ovn until the 
Mtm^y after or that she navetr went av^y 
in thestenmboat «l all, Imd this is entireW 
inconsistent- with the statemMitsof tbe pri- 
soner. All the eifidence for the' Ddenee 
was ineonriatent with the stat^teents ot 
thefmsmier. He bad now placed before 
them all the evidenoe in this case which 
was most painful to all oonoenrad. The 
Attorney Qeneral was bound to make out 
to their satistaetlon that the remains were 
those of Sarah Margaret Vi^l. and that she 
was murdered by tna pfisoncr. It was not 
toough that thore inm a piottobUity or evim 
a strong su^idon of his guitt; th^ must be 
satisfiei bayond a raasdbaMe doubt. He 
^um read 4im statement <^ the eminent 
Judge^Obief JwtidoSbaw, of MaiBaebb- 
setts, m tlia well known taial of Brofessor 
Webetnr, and of Ohiaf Bacon FoUock of the 
EmMCJoort of SKcbeqiitt.in the cise 
ofBeg.ee. Manning, todiow that are*- 
sonabls doubt is not* sMie posiftble dotbt, 
for to « poanbis dbobt eeeiTthing is open, 
but soldi a donbt«i vsouldaflbet tMbreon^ 
duct in Uw nunagemant of tirqr uaportant 
private bnaineBs. itwaaaatamereim»> 
giaaiy iandM, bcoitts^ In InaMii «flUn 



tbere Is scarcely anything free from doubt, 
but such a doubt ais in matters of serious 
importance to themselvoa would cause them 
to nesitate. If, on reviewing the evidence, 
they entertained any such roosoaable doubt 
the priHonor waa entitled to the benefit of 
it, Mt if the evidenoe led them to the con- 
clusion that the prisoner wtts guilt^r then 
it iras tbeir duty to find a verdict no- 
oordingly. He told them , as he proceeded , 
wiMre ttc eividenee conflicted, and also 
wbat inferences he drew from the evidence. 
Be told ih«m now again that it was their 
duty to woij^ the evidence and draw from 
it snob inlerenoesr and. co^ slusions as it 
seemed to them to justiiy. Th6y may 
draw very difierent inferences from his. 
They were not bound to adopt bis views, 
but inuHt judge for themselves. If they 
found that the foets established that the 
body was that of Sarah Margaret Vail, and 
that she was murdered by somebody, and 
if all the fiMSts and circumstances had led 
Uieir minds to the conclusion that she was 
murdered by the prisoner and no other per- 
son, then, however painful it may be, 
it was their duty to find him guilty. On 
the other band, they should not find such a 
verdict ppon mere probabilities or sus- 
picions. Ue bad now discharged his duty 
under his oath, according to the best of his 
ability ; be would now leave it to them to 
disdmrge tbeir's in aooordance with their 
oaths. 

The charge and the reading of the im- 
mense mass of evidence occupied from 9.30 
a. m., to 3 p. m. 

After the Jury had retired, the crowd 
conUnited in and about tbe Court, anx- 
iously waiting for the verdiet, and in all 
the prlncix>ar business points of the 
city might be seen little knots of 
people solomnly discussing the whole 
trie:, and conjecturing when the 
Jury would return to court. About 
three o'clock tbe word quickly- cir- 
ottlated that tbe jury bad agreed, and 
tbe crowd became, it possible, larger at 
the Court House, and every face wore a 
painfiil, aolwnn look. At a quarter past 
time tbe Attorn^ General and the ooun- 
«rt ot tb» prisoner oanse into court, and 
the Judge littered the prisoner to the 
tMT. He cMMred^looking pale and baff- 
gMrd, and very anxious, and taking ma 
seat in the dock, gased mecbanfoally 
abaut, with that restleas yet' steMiy 
starc^ whidi 1mm beconae familiar during 
l^bia triid* Tbe Jury entered about the 
Hittna timCy and their names having been 
called, thcF atdM^aepslbly affected, and 
as men who bad been <»llea upon to 






ps 

9 

th< 
t 

ajtp 

Hp« 

ft 

ped 

low 
<< 

T 

"( 

pris 

and 

asth 

"*£ 

tion 

At 

prjao 

ainoi 

preh€ 

oroitc 

•*eeio< 

his si 

his ha 

the se 

shook 

lasted 

—not! 

orbeai 

and tei 

they 8] 

self HO 

of this 

by th« 

P«Ued 

Gent 

tne con 

*nan, w 

and thr 

^nst^ 

a." he ht 

leaned 

went to 



At two 
persons hi 

OoaxtHo 
doors. T 

'^••orow* 
the landii 
human bi 
^^ce unah 
inside. 
Court J 



doubt, 
serious 
sethem 
ridencc, 
e doubt 
mofit of 
booon* 
Ity (ben 
iiot no* 
>oeedcd, 
nd alflo 
rideoce. 
\a tbeir 
iwfrom 
IS eis it 
fey may- 
un bis. 
s views, 
ir tbey 
ibat tbe 
ail, and 
dy, and 
had led 
sbewas 
herper- 
nay bOj 
y. On 
dsaoba 
or sus- 
his duiv 
letof bis 
tbem to 
ith tbeix 

* **^ r ^ :' 

rtk«la- 
rom 9.30; 



i crowd 
irt, anx- 
ad in all 
of the 
note of 
e whole 
en the 

About 
tlT dr- 
ied, and 
larger at 
e wore a 
rter past 
be ooun- 
>art,<and 
»r to the 
indtMMT- 
khiglns 
lanioaliy 

steady 
r daring 
^boutthe 
infrbe<ni 
sted, and 
upon to 



THB TItWL 



P«»'form A dreadful Ant^ , J«» 



l!S!„9,®^'*«'»tinaed: 

►H£Sei!;^58^«°'^ do 
nd to/^«™*jr.«^oot«q 



-^-'^'"••^-S°€i?>«»?'l 




still eniDtv A .»i 1 °^^ ^be tlook tnu 1 

tbe doX?/the n?a^S2ntra'„i:°^*^^ -"^T 
?<*. and a disorS^ »^'*^'*'e'"oopen- * 
largely ofbqy^^llL^'^^^, compSed ! 

olamatlons ^and °n th«t"t "^^'^Z ex- * 
down fk„ ...!_"« '" their haste broke-* 

In 



■i 130 ail 'J 



« If a ("i 



• •• ■ ' " w "i" Jul,. J_,,^j, 



> *«, ' 



\ two O'flioftk, BrobaWv flu^ I 
?«»^ had •Bfcmffif.i?^" hundred 

doors. The^'^^^i^B^bt 



the JandJBff beiii* lSLl5f.**^'TO and 'ho Court said : ^® *"<» addressing 



^"urci "na^Hrs Honor^.,«». "'?"«*»& Into 
>Qgly. There xvasTi^^n^ ""^"^^^GOni- 
"tes, and it w« S,?dS.°/r ™« '"in- 
doors wereop^S^ ^'j^'l "^"ftotbat the 
in, looking verrm„^5 vP''.*"'^er came 

wearing his ovTrcoat anS'*'''^" ^o^"? 
baVu, hisiiand. oTt^Jf„«»"ying bi^ 

the dock, he placeii »»« i ^*i.h*« Seat in 

on theseit and retted hij'^'* ^^^ bin 
in front of hini Sfd hi« 'I?''™ on the raU 
all the whileTook n^i'j'}" '^^ his hand 

rection, and that aplweS^^^^^^^ ^^' 

Hm countenance wnVr*^ "-^ **'^'he floor. 

the Court said: '^^^^e and addressing 






li^^^^^^^^ 



in 



THS TRIAL. 



comos my putnfMl f*\itj to rnnr€ thut tho 
luMtJuciginuiit of the law b« passed upon 
liini." 

The Cl«>rk, (»eorf«B Ulaioli. Eaq,, than 
aJdressod tbu priiu)iM>r as tt>llow»: 

"John A.. Munroo, you have bo«n in- 
dlctotl for tlu) wilful' uiurder of Burah 
Margurttt Vutl, wlioioiipon you plottcUid 
• N"ot <in!liv,' nnd on tlmt iiuUctnuMityou 
liavo \>t)f)U frjond ' «lulUy ' by a Jury of 
your (Mjuntry r what have yoix now to 
huy nliy sontieiuro shoald not bo passed 
upon yon T' 

TliA priNoner hikvlnft tuade no reply, 
tlie Clerk th'ni made proclamation Qnn.- 
niandlnj; all pi^rsons to keep alienee 
^hileMontencfi of death was being pro- 
iionncod. Hii« Honor Judge Allon, with 
gravo and beuotning' tnlen, rose and said : 

*' John A. MuDi'uc, you have been ir- 
dlcted by itio (ixand Jury of the City and 
County ol St. Juitn tor tbe murder of tte* 
rah Murgarefe Vail, and you have received 
a fair and tnpartinl triAl. You bairo been 
defended by ono of tho ablest Coontiela in 
this ProTinoe, and yoo have been found 
guilty by a jury of your oountry. fn this 
verdict I fnlly c«>ncur, and I cannot flee 
bovr any reasonable person can, from the 
evidence adduced, think otherwise than 
that you are guilty. The jury have, from 
the kindness oi their hearts, I presume, 



anA throagh regard fbr the f^lfngfi of 
your latnily, rooommendad you to moroy. 
While I shall take caro to CiMrward thin ro- 
comioendatiun to iJiH £xdolleooy tho Uov< 
ernor General, I ouonot hold out the slight* 
ent hope that the prdro^nttve of lueroy 
will be eseroiscd in your cuse< You ahould 
use all Ibo time you have to spare in this 
world in Necking forgiveness Hrom J\l- 
mighty God for yjur many sini*, as vou 
cannot hype ior mercy from man. 1 snail 
nutretorio anything 'thai migbt WQUnd 
ydur feelings, bat all lihall siyls that the 
unfortunate #ohian who ][>Iaoed reliance 
in you was burried be|pxe her Maker witb* 
out that ^parotlqn wmob. so for as wo 
can judge, sb0 aorely needed, You will 
have further time to prepare for death and 
for obtaiiung that Atrgivincm you so muoh 
need ; and you sbuttldkKe no lime in seek- 
ing mercy Jirom on Higli. It only remams 
that I should pass sentenoe upon you — not 
my sentence, bat that which the law di* 
recta. The Mentonee of the Ootkrt is; that 
yoo be taken benoe to the t>I^ot firum 
whence yoo came, ind that on Tuesday, 
the 15th day of February next, you be tuk- 
eh frotQ thence to the place ot execution, 
and theM be banged by the neck until you 
are dead. And may the Ainigbtjr ii»ve 
merry on your eouU a, ib txtUot vtmj l^m 



..ti 



•j^M^ u ' I i 



«krj.7/ 

i i 1 

Ci'l 'U. - 



^REMOVAL. 



-if Ol!' ,,;• ■■ . . .Tiifk ..... ,,. . -1. 

"NEWDOMmiOir 
Printiiig ^delv; . 

IS BEMOrED, 

PHi«axt»ii*8 Brick Biildrag 
CHABLOXTB BTBBBT. 

A few doiffsSontliefCottfttiyMarlret 



The Saint John Advertiser, 

IS WBOSD MONTBLT IfOR ^HkftfttjOVS 'DIS' 

Tf^imOX, WITH A ODA^AJniiWiW: 
' |m:« ffii v» quXATlOK evui -unifiniii i 

FiVff THOUSAND cd'A/V^/ 



rrilE /BVBRTISBR oirrolatei itt srcrt 

X PHrt of New Brunswick and in the princi- 
pal towns in Nova Scotia and Prince Edwiird 
Island, v>d is tbe beat advertiaiug madium in 
the Mp-it'n » Provinoet, „ , „, 

Basil?'' ;' Cards $1.00 i>er month 

One KiPT^th Golamn ^,,,1.80 " '* 

One Fearth Coitttti.........'......i.„' 2.50 ** " 

One Half Oohuaa,^.....«t.»;..«M-v; MB^ ** v^ i i- 

OneColuiBm....,^......,.<ji,H«>,.iMk'4M ?^; :1 ■'**' ' > 

Iiocai neUo^^lUaa o^aii per Ua* ibi eaob 
inaertioQ. ' ; ,, , i .,» ■ ■ ',' . 

All pa^mwMs IQ b«9sd» at'«h»«kpiratl<ni «r ' 
time ayrsMl jt^t— • toapt in tbe eiisa of yearly 
advartUecs ,i|i(iM aooevau will ^^ pNseatsi 
9aaft«ly«,riib«Mji^ii;i^u <^.^v ^i :^-...ij ^r^-'- 

et Addj%si~Boz 22r.St.John.N.B 



<^o*t^ 



Ings of 
luoroy. 
hiH rc« 

(io*- 
f flight* 
f iu«roy 
iMhould 

in thii 

oin Al< 

as you 

1 shall 

ihat tbo 
relianoa 
or witb- 
tfM wo 
QU will 
Mklb and 
10 maeh 
in K»'<{- 
rrawtnn 
rou — not 
Utw di« 
Is; that 
oa frum 
rueaday, 

1 be tttk- 

(•CUtioD, 

tiDtil yuu 






■•■■ I . IT 






■Mi. 



./on 



I <i/.A ^i 



I/O') HH' 



M •v«ry 

)e princi- 

Edward 
■•dium in 

|er month 
♦• 
•• 

h:'.\ im> -iM 



tit .^■^•<- 

iMtod 



fON. 

OIU-'C 

|ohii,N.B 






TSfi €0NFi:SS10i!l[ 

TO .toJiouq fmi iii Ivit-'ui vxli JmiikjI 

TVEtmAY MOIiNISa, FKH- 15. 

To-day a funeral patt Imn^ over our 
city; this is a morning of norr"' * — deep 
ioeffaoeable son^w. The t^rime < i tourder 
—murder the most cold blooded, brutal 
and abhorrent— bos been ezp utcd by the 
life pf the perpetrator. The kuIIowm ImH 
hod a froflb victim to-<lay in the person of 
John A. Monroe ; and, now that the Inst 
act in this terrible trngedy is ovor. and we 
read, ftvsh from bis own lipx, the dying 
culprit's confoHsion, we drop a tenr over 
the deep depravity ot human nature, while 
we can Scarce refrain from anathamntizin^ 
the memory of a man, who has left Ruoh 
an itidellible stain upon the page of our 
country's history. Oh ! may Munroe's 
ignomininous death, net as a warning to 
seekers of illicit pleasure, and other de- 
grading vices, turning them back into 
paths of uprightness and honor, and wo 
Uray the God ot the widow and the father 
less to take his weeping wife and sorrow 
ing children, under liis loving care. 

The instrument of death was not the 
jO;allows genci-ally used, but a beam poi-scd 
at a heighth to al'ow uf an elevation of 
about seven feet. To the outer end of thi.s 
beam the culprit was fastened by the 
neck ; at the other end, which hid itself 
in the back door of the Jail, was attached 
a weight of several hundred pounds, sus- 
pended tjy a rope, which passed down 
through the floor, and whi4h at a given 
signal was severed, thus elevating the 
outer end with the culprit.attached. 

The prisoner was visited by his clergy- 
men at 9 o'clock last night. He was calm 
and resigned, joined in devotions, and ac- 
cepted the Saorament, revised his Confes- 
sion, and when satisfitd, signed it in pro- 



senea of bh pastorH at 11 p. m. I lis clergy 
Ittft at 19, and be retired to b<ui. At i 
a. m. be dreMsod himself, was qaito calm, 
and prayed for slvengtb to earry him 
through. At half-pnst 4 wan visiteil by 
clergy and J4.>incd in devotiona. 

Quite a large nomtwr of persons were 
pfreeont, embracing Offioera of the liaw. 
Magistmtes, Coroner's Jury, Keporteni, ttc. 

At a quarter to eight the g«>ng oora- 
menced tolling, and the blaok flag was 
nii»cd. 

A tew minutes l)efore eight o'clock, the 
prisoner was brongbt oat by the Sberitf, 
accompanied t^ Rev. Messrs. Stewart and 
Latbern, The prisoner walked out to the 
platform with a firm step, ana looked up at 
the fatal beam, apparently to sec that nil 
was in order. lie looked pnle and anxious. 
The Rev. Mr. Latbern oflered a short 
prayer, and the llev. Mr. Stewart addressed 
a few words to him and took leave of hini, 
when tlio fatal cord was cut, and the 
miserable man was jerked from t(^rrafirina 
and MUHpoiidod in the air atwiiit two foot 
I from the plMtJbrni. Ho strui^^lod bar. I, 
j and bin Mnlferinj^s npjtyared to be tor- 
! rihlo. 

I Tiio followinj? is the fonl'ession loft 
j bol»iii(l by Mnnme, and willi bis coii- 
{ sont publlsbt'd to tlu> world : 

CONFESSION OF JOHN A. MONROE, 

To^herifTHardini;, 

In presence of Messrs. Stewart 
and liATHERN, 14th Feb. 1870. 

The first time I went out with Miss Vail 
it was only for a ride ; we had no quarrel, 
and our going out was at her wish . W heft 
we got out of the coach, at or near the 



130 



THE CONFESSION AND EXECUTION. 



m^^^ 



pluce described on the trial, she had a sat- 
chel, and we walked along the road, I can- 
not say how far. Sat down and had a lit- 

^iiHlittoia b^M-hemi i a 
pair — a breiich-Ljader same as my own, the 
HMtte of it I gave to a friend. I had learned 
her to asc it. T|idie wan no intention. on 
iny ]\irt to harm lier at tbuk titde. W« 
catae back,, and I lef4 her at Ijako';* ; she 
wivs to havo^ne to Boston dn the Yhurs< 
diiy after th« )(iriit goii^giouti/bub it wa^ 
too stonny, 9Ad I woot \r»(li:<intjnt)wiie 4o 
Fredcrictoin on that day^ and.icame down 
again o<i ^riJay ni|;ht. It wuh diuiog that 
trip, to Fre^icton I fitKt tboughb fcbat t&^ 
spot I had visited <witi) iMim Vail on the 
Monday previOu!* vrai a satttible ^pot to 
♦•nniinit a bad act. 1 went out again with 
MisyVailon t*«0 Saturday iiuUuiriog ; we 
w^nt the !»ame roail as before, and toabout 
the Home^pbtco. The i«omt»g wa«i Irosty ; 
the ino»j waM^rjlsp and hard ; t^ere waano 
wet ou the bAvrpn; the road wn.t.a. little 
Ujuddy i . Wo went off the road a lUttle way 
together Jvnd >at Uowh. i * I went into the 
buahes ; tho^ child cried ; 1 came mt ngaiu 
-T5wae-.ansvy,;J stBinglwlithB cfaUd* Id? 

.ftHii »■■ >T»;*it /( ( i i Hi itiitiiji "h'k'^rf '/t^\ ti 

I'l i,jii; 111' )■ -i i. M,i uIJ iiidw 



not know that it was actaally dead. As 
she was rising up I shot her (Miss Vail) in 
the head— I do not think on *he same side 

found the pistol in her pocket, or just 
fallen out of it, a common handkerchief, 
and a wallet with only a few doUatft itt it. 
I threw the wallet m}^, ^andkercJ^ef 
away and left at ohce. and haVp ueyer 
been bacic since. I prevlopsty pad 
sb-rii^; of li^ii'"' ihonev rfci>t«ldl 'nt)ti a4> 
bow'mnctt— jjerliaps Half br 'ii' ftttle'im'bro. 
1 cannot say thdt rtjoney waaribt oiiodf 
the niotives for tho a<* cbmiTYittod. I do 
hot say it livtei in self-'d^^Mcid I kiilM 
M iK» ' VaH. It was the rnortey/'nijf" anger 
with her at tho time, and inyiMd tbDoghtsi 
on and alteri the > trip to Fi?edfirl0toti, 
working together, ct^used m.e todo.the 
bad act ^'ho letter written to>lrs,(.r.|{|jr 
was^-ritton by ij|»e and mailed ii;^ Bosto;^ 
by; a iVieud of ^lino living in or ne^r 
Boston. I nev;ev kiUotla^y^K^thorp^r-'^oiu 
or child. , 

1 M.r. Siynod, JOH:N.A.MUNBi)Ki ' 

€RAnT,TO.: ^'t'K^v-AnTvl -^Yitii^saeq <!«>»•> 
.John hATw;UN«i:«iinf(: " ' ' 



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y dead. As 
liss Vail) in 
e same side 



tet, or just 
mdkercbief, 
)Uatt itt it. 
indHerql^ef 
haVp uev;er 
ously ,/jad 

iltlleWdre. 
ii6t ohbdr 
itted. I do 
)«» F kitlM 
'/i«y angtir 
kditbDoghtm 
redfiri^toti, 
,« todpiUio 

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