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was.

Lewiston, had been for some time
known, and about 10 days before the
installation, the witness was asked if
he could furnish carriages to take the
commissioners to Lewiston, and he
said that he could, but advised that
they should take the stage. He stated
he could not go himself, by reason of
ill health. About 4 or 5 o'clock in
the morning of the day, or day but
one, before the Lewiston installation,
some person called at his front door,
and said he wanted a carriage to go
to Lewiston, and desired it might be
sent to Ensworth's, where the company
He then went away immedi-
ately. The witness called up his
driver, whose name was Parker. The
driver had been in witness' employ
several months, but left him a month
or two afterwards, on account of
sore eyes. He don't know where he
lives now. The carriage was sent
soon after it was called for. The
witness did not see it start. He had
two carriages, one of a cinnamon
colour or yellow, and the other
green.
He thinks the first was taken. The
horses were black, or of a brown bay
colour. They were gone several days.
He supposed the carriage was for the
commissioners, and had no intimation
that Morgan was going in it. He did
not see the person that called for the
carriage, and has never been able to
ascertain who he is. The only charge
he made was on the paper in his wal-
let, in these words, "Grand Chapter
pro tempore, to carriage to Lewiston."
He supposed the carriage was for the
Chapter, and expected some one in
its behalf, would pay him, but he has
not been paid, and has never asked
any person to pay him. He has heard
that some of the Chapter went in a
steam boat to Lewiston. He knows
Hiram Hubbard, but did not see him or a
carriage with gray horses that day.
He let to George Ketchum, a carriage
and horses to go to Batavia, the day
before Morgan went from that place.
If the installation was the 14th, his
earriage must have gone the 11th or
12th. It was not engaged on Sunday
evening, nor any thing then said about

it. Reuben Leonard, kept tavern in Rochester at the time.-Don't know that any persons were at Leonard's, in relation to carriages to go to Lewiston; was not there himself. He knows nothing of a carriage and horses being employed, on the Friday evening previous, to go to Batavia.

Harry Olmstead, sworn.-He resided at Greece near Hanford's landing, in September 1826. One morning of that month, just at daylight, he saw a carriage, with a pair of gray horses, in The the road south of Hanford's. horses were very sweaty, and appeared to be much fatigued. The curtains of the carriage were drawn. There were two men on the box. He did not know either of them. Does not know how far it went beyond Hanford's. About fifteen minutes afterwards, he saw the carriage standing under Hanford's shed, opposite his house. About an hour after sunrise, he saw the same carriage come off the ridge road, take the river road, and proceed towards Rochester. Its curtains were up, and five or ix men in it. He was standing in the road. He saw no other carriage that morning coming from Rochester. The end of the ridge-road is a few rods from Hanford's house. A person passed on a brown mare, whom he has since ascertained to be Edward Doyle.

Silas Walker, sworn.-Witness lives on the river road, directly opposite the point where the ridge road intersects it. On the morning of the 13th of September, 1826, while talking with Mr. Olmstead, he saw a yellow carriage with gray horses pass by. When it returned, the curtains were up, and three, four, or five persons in it, one of whom he knew to be Burrage Smith. A person, on Mr. Platt's brown mare, was forward of the carriage: he saw no other carriage that morning, having been from home most of the time.

Silas Walbridge, sworn.-He lived, in 1826, in Clarkson, about fifteen Near the miles from the river road. time of the races, which commenced that year on the 14th of September, he was applied to by a gentleman for a pair of horses to go before a hack,

which he stated would arrive between 8 and 10 o'clock in the morning. The gentleman said he did not want a driver witness at first declined letting his horses go without a driver, but finally consented; harnessed his horses about 8 o'clock, and tied them under his shed: the hack came along between 8 and 10 o'clock, and when it approached his house, the gentleman went along by the side of it, and had some conversation with the driver, who soon drove on. He then said he did not want the horses. A person, since dead, told witness what was to take place, and when the hack came in sight, pointed it out to him. The hack was of a dark colour, and the horses dark bay.

Sarah Wilder, sworn.-The witness lived, in September, 1826, with captain Isaac Allen, about five miles east from Clarkson. Allen does not keep tavern. and there are no houses near him. About the 11th or 12th of September, in that year, at 10 or 11 o'clock in the forenoon, Mr. came and inquired for captain Allen: did not know where he was: Mr. went hastily in pursuit of him, holloed for him, soon found him, and returned after the hack. The hack came up before the house in about fifteen minutes. It was brown, and the horses were brown; the curtains were down, and the day was very warm. Did not know the driver. Captain Allen's horses were brought up, and capt. Allen and Mr. changed the horses: those that came with the hack were put in capt. Allen's barn. The hack went west, and Mr. with it, and returned about an hour before sunset the next day. The curtains were up, and no one in it. Captain Allen had gone to Clarkson, but had told witness where the horses that came with the hack the preceding day might be found. They were put to it again, and the hack returned to the east. Don't know who was with it when it returned.

William Cooper, sworn.-Witness lives in Clarkson. About the middle of September, 1826, coming from the west he passed a carriage and two

pair of horses in the road about four miles west of Clarkson, and about one third of the distance from captain Allen's to Mr. Spencer's. It was between 11 and 12 o'clock in the forenoon; does not recollect the day of the month, but it was near the time of the races that year. They were then training horses on the race grounds. He cannot say whether the horses were attached to the carriage or not; they appeared to be changing them. A man on the box, whom he had never seen before, was holding the lines: one span of horses was captain Allen's, the other he did not know. The weather was very warm, and the curtains of the carriage were down. There were four or five men in a lot south of the ridge road conversing; two about fifteen rods from the carriage, the others nearer. Two of them were sitting, the others standing. Witness knew several of the men; captain Allen, Mr. Spencer, Mr. - He afterwards thought that another's name was Augur, but is not positive of it; the carriage did not start while he saw it.

Solomon C. Wright, sworn.-He kept a public house in Niagara co'ty in Sept., 1826. His house is on the north side of the ridge-road, at the point of its intersection by the Lockport road, six miles east of colonel Molyneaux's, and three and a half miles north of Lockport. In the month of September, in that year, on the day before the installation at Lewiston, just at night, a two-horse pleasure carriage or hack drove under his shed, and afterwards into his barn, which is a few rods further from his house. The barn doors are usually shut. The feeding troughs in the sheds were broken down, and the carriage was driven into the barn to feed the horses, and they ate from boxes placed before them on the floor where the carriage stood, in the further end of the barn. Don't know whether they were taken from the carriage: the horses were not changed: did not see those who came in the carriage get out or in: don't know where they got out;

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nor how many there were: did not know any of them, or the driver: has never seen the driver since. All who came in the carriage, including the driver, took supper at his house, and each paid his own bill to him. barkeeper was gone, and he tended bar: was in the bar when they first came in, and saw them go through the bar room to supper. The driver obtained food for the horses. Witness does not know that any persons came in the carriage: did not see the door open don't know whether the curtains were down or not: don't know that any one was in the carriage during supper: saw no one go to the carriage during supper, and did not go himself. He once went into the barn to find a servant, while the carriage was there; neither saw or heard any person: passed the shed in going to the harn: there were horses under it: it was dark when they finished supper. After supper they proceeded west. Did not see them get into the carriage: his house, shed, and barn, are on the same side of the road. The installation was talked of. Don't know how many went in the carriage: there were less in his house after the carriage had gone than before: did not see it start: nothing mysterious about it that attracted particular attention. There were persons at his house who did not come in the carriage: he did not know them or their business. Isaac Farewell came to witness' well to get water about the time the carriage came: had no conversation with him: he has since moved to Canada. Witness knew Eli Bruce at that time: did not see him at his house that evening. He knows Elisha Mather: did not see him that night: he was at witness' house about that time: thinks it was before saw him the next day, or the next day but one. The next day a carriage passed his house, from the west to the east: don't know whether it stopt, nor whether it was the same that was at his house the preceding night. A hack stopt at his house the next day it is usual for carriages to stop there.

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William Molyneaux, sworn.-In September 1826, witness lived in Fleming, Niagara county, on the ridge road, at a point where it is intersected by the road from Lockport, a little more than 12 miles from Lewiston, 6 from Solomon C. Wright's, and 6 or 7 from Lockport. On the night before, or the night after the installation, about 12 o'clock, Eli Bruce, who then lived in Lockport, came to witness' house with two strangers. Bruce came up stairs where witness was in bed, and said some of his friends were going to Lewiston, and asked him for a change of horses: Bruce told witness that they should be used carefully. Witness called up his son, and after consulting with him, concluded to let Bruce have his horses: Bruce and witness' son got up the horses: does not know from what place the carriage came, nor whether Bruce went on with it: one of Bruce's companions stayed overnight at witness' house, and took care of the horses that came with the carriage, and help-ed change them when it returned: does not know who drove : Bruce spoke of Brown as the driver. The horses returned the next morning a little before sunrise, in the charge of Brown. The carriage was large, and of a dark brown or black colour. He saw no persons but Bruce and the two strangers that came with him. Can't say which road the carriage took in the morning, nor how many were in it. Did not see Bruce again till the next winter. Brown said Bruce would pay for the horses: witness has not been paid: has an account with Bruce.

Corydon Fox, sworn.-In September, 1826, the witness lived at Lewiston, with Mr. Barton, in the capacity of a stage driver. The night before, or night after the installation, between 10 and 12 o'clock, Mr. Barton called witness up and told him to get his hack and horses ready to go to Youngstown. When he was ready, Bruce got on the box with him, and directed him to drive into a back street, to a carriage which he found standing there, without any horses attached to it. He

drove by the carriage in the back street. Some persons were standing near it, one or two got out of it, and after they and Bruce had got in his hack, Bruce told him to drive to Col. King's, about 6 miles distant. He would have noticed violence if there had been any, but he saw none; saw no person incapacitated or bound; saw nothing brought from the carriage in the road, to his hack. On arriving at King's, he stopt by direction of Bruce, who got out and called to King, who came down into the hall, where he and Bruce conversed together. While they were conversing, some one in the carriage asked for water, in a woman's voice, to which Bruce answered, "you shall have some in a moment." King and Bruce then got in, and he drove to the burying ground, about three quarters of a mile from King's, and half a mile from the fort, where he stopt by Bruce's direction. There were no houses near. The party, four in number, got out, and proceeded, side by side, towards the fort, and witness, by Bruce's orders, returned to Lewiston, where he arrived before daylight. The witness was often called up late at night, and frequently drove passengers whom he did not know; but it is not usual to take up a party in the back street; and he never before left a party at the burying ground, which is not an ordinary stopping place. The next day, he saw Bruce at the Frontier House in Lewiston. Knows not what became of the carriage in the road. Saw nothing unusal in the manner of getting in and out of his hack.

The witness was asked whether he was taken into the lodge soon after this occurrence, but the court said the question was improper, and it was not answered.

Ebenezer Perry, sworn.-Lives in Lewiston, on Back or Ridge street. On the night following the 13th of September, 1826, after 12 o'clock, he saw a person harnessing a carriage at Mr. Barton's stable, heard it start, and went to the door. Saw a carriage coming, which went a little distance

beyond another standing in the street without horses, and stopt. Two men were on the box. One of them he knew to be Corydon Fox, and the other to be recognised at an examination at Lockport, about two months afterwards, and ascertained to be Eli Bruce. Witness thought something strange was going on, and went into his garden near his house, where he had a view of what took place in the road. Saw a man go from the box of the carriage which had driven by, to the one standing in the street, and opened the door. Some one got out backwards, by the assistance of two in the carriage, He had no hat, but a handkerchief on his head, and appeared intoxicated and helpless. They went to Fox's carriage and got in. The man he supposed to be drunk, was helped in. One went back and took something from the carriage they had left; he thinks a jug; returned; got in, they drove off, and he saw no more of them.-Witness saw no person in the unharnessed carriage, the curtains being down. Said nothing about what he had seen for 4 or 5 months.

[The prosecution then called Edward Giddins, but the defendant's counsel objected to his being sworn, because he had no religious belief whatever. After hearing the testimony respecting his religious opinions, and the arguments of counsel on both sides, the court unanimously decided that he was not a competent witness.]

Elisha Adams, sworn.-He lived in Porter, Niagara county, in 1826, about 2 miles down the lake, from the village of Youngstown. The troops left the fort in June, except one old soldier who died there soon after they had gone. About the middle of September, Giddins went to New York; was absent three or four days, and witness took charge of the ferry and his house during his absence. Giddins' house was on the flat below the fort, 20 or 30 rods distant from it. That part of the fort nearest to his house, is the magazine, which forms part of the wall. There were ammunition, quartermaster's stores, &c., in the fort.

He went away the day before Giddins came home; was frequently at the fort in September; Giddins had charge of the fort and public property there; don't know where the key of the magazine was, while Giddins was absent; supposed it was in the mess house, which is to the left of the magazine as viewed from Giddins' house; heard no one in the maganize while tending the ferry; don't know that any one was there; heard about the time of Giddins' return, of Morgan's having been brought there; never heard so from either of the defendants; don't know that food or drink was carried to the magazine while Giddins was absent; was in it both before and since the troops left the fort. About the time the public property was sold, he was employed to put things in order at the fort. Witness went to Giddins' house at his request, but at what time he cannot tell, and saw there Col. King. Dr. Maxwell, and Obed Smith, had nothing to do with them. Giddins said he had some work for him to do, showed it him, went home without doing it, having no tools with him.

John Jackson, sworn.-In the fall of 1826, he lived in Lockport. The night before the installation he stayed at Giddins', his brother-in-law, went to the installation; don't know whether Giddins went; before going to the installation, he went with Giddins to the magazine; 20 or 30 minutes previous to setting out, Giddins had a pistol; requested witness to take it; he declined; did not see Giddins lay it aside; did not see it after they left the house; Giddins carried something with him; don't know what; witness approached within about 2 rods of the magazine; Giddins went up to the house, don't know whether it was opened by Giddins or not; something was said inside of the door; he heard

a man's voice not uncommonly loud, and supposed a man was in the magazine; don't know what was said, nor whether he heard the voice before or after Giddins reached the door; thought he had better be missing and immediately retreated; Giddins soon followed him; witness started in 10 or 12 minutes for Lewiston. Giddins informed witness whose pistol it was that he showed him, but the defendants' counsel objected to his repeating what Giddins had told him. He never had any conversation with either of the defendants, respecting their participation in the abduction of Morgan.

William Hotchkiss, sworn.-Three or four days after the installation, went to the fort to make inquires respecting a man's being confined there-found out nothing; did not go to the magazine, nor did Giddins while witness was there.

The testimony on the part of the people closed here.

Mr. Whiting stated that the bill against Turner and Darrow, two of the defendants, had been found on the testimony of Giddins alone, and that he having been excluded, the prosecution has no evidence whatever against them.

Mr. Adams addressed the jury in behalf of Bruce, and Mr. Moseley for the people. The jury retired at 9 o'clock on Friday evening, after receiving a charge from his honour Judge Howell; and having been absent about three hours, returned a verdict of Guilty against Bruce, and Not Guilty in favour of Turner and Darrow.

The court suspended their judgment against Bruce, in order to take the advice of the supreme court, on some important questions of law, which were raised during the trial.

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