xt7vq814nh0w https://exploreuk.uky.edu/dips/xt7vq814nh0w/data/mets.xml Carlton, A. B. (Ambrose Bolivar), d. 1901. 1882  books b92343c1972009 English R. Clarke & co. : Cincinnati, Ohio Contact the Special Collections Research Center for information regarding rights and use of this collection. Rothwell, John, d. 1838. Meeks, Alexander H., d. 1838. Homicide --United States. Homicide --Indiana. The law of homicide; together with the trial for murder of Judge Wilkinson, Dr. Wilkinson and Mr. Murdaugh, including the indictments, evidence and speeches of Hon. S.S. Prentiss, Hon. Benjamin Hardin, E.J. Bullock, esq., Judge Rowan, Col. Robertson, and John B. Thompson, esq., of counsel in full, by A.B. Carlton ... text The law of homicide; together with the trial for murder of Judge Wilkinson, Dr. Wilkinson and Mr. Murdaugh, including the indictments, evidence and speeches of Hon. S.S. Prentiss, Hon. Benjamin Hardin, E.J. Bullock, esq., Judge Rowan, Col. Robertson, and John B. Thompson, esq., of counsel in full, by A.B. Carlton ... 1882 2009 true xt7vq814nh0w section xt7vq814nh0w 
    
    
    
    
   THE

LAW OF HOMICIDE

together with the

TRIAL FOR MURDER

JUDGE WILKINSON, DR. WILKINSON AND MR, MURDALGH

INCLUDING THE INDICTMENTS, EVIDENCE AND SPEECHES

Hon. S. S. PRENTISS, Hon-. BENJAMIN HARDIN, E. J. BULLOCK, Esq., Judge ROWAN, Col. ROBERTSON, and JOHN B. THOMPSON, Esq., of- Counsel in Full

By A. B. CARLTON, LL. B

Formerly Prosecuting .Attorney and Circuit Judge in Indiana

CINCINNATI ROBERT CLARKE & CO 1882 
    
   INTRODUCTION.

The writer has long been of the opinion that the publication of some celebrated criminal trial, with all the proceedings, accompanied with notes and commentaries, would be useful and entertaining, not only to students, but also to those engaged in the practice of law. Accordingly this volume is presented to the profession.

The case selected is " The Trial of Judge Wilkinson, Dr. Wilkinson and Mr. Murdaugh, on indictments for murder, at the Gait House in Louisville," many years ago.

In many respects this is one of the most remarkable and interesting criminal trials that ever occurred in the United States. The circumstances attending the Gait House tragedy, the high character and position of the defendants, and above all, the celebrity of the leading counsel engaged in the cause, invest this remarkable case with a deep and abiding interest and entitle it to be preserved in a permanent and durable form as one of the "causes celebres" of America. The counsel for the Commonwealth of Kentucky were Edward J. Bullock, Prosecuting Attorney, assisted by the celebrated and eccentric Ben. Hardin. The defendants were represented by Hon. Judge Rowan, Hon. Seargent S. Prentiss, and several other able lawyers.

All the actors in this drama of real life, have (it is believed) passed away. The fame of those renowned lawyers and orators is preserved mainly by tradition and hearsay. Most persons of mature age in the West and South have heard of those celebrated advocates, while only

(3) 
   4

THE LA W OF HOMICIDE.

Address of Seargent 8. Prentiss.

a few veterans, yet lingering on the stage, have heard their forensic efforts.

Part I of this work contains the trial, now, for the first time, presented to the public in a durable form, giving the proceedings in full, including the indictments, all the evidence, arguments of counsel, etc. The speeches ot the counsel, alone, will be considered by many readers, especial I}' students and young lawyers, as worth the price of the book. The speeches of Rowan, Hardin, and others, here given, though not entirely in accord with the present standard of taste, are powerful and able, and are fair specimens of the style of oratory so effective and so much admired in the West and South forty years ago. As to the address of Hon. Seargent S. Prentiss, of Mississippi, it has long been the opinion of many judicious critics, that for power, beauty of diction, wit, pathos and humor, this address of Mr. Prentiss has never been surpassed in this country. If, indeed, "laudari a viro laudato" be a proof of great excellence, then the high opinion of S. S. Prentiss as an orator, as expressed by Edward Everett, Daniel Webster, Henry Clay, and other noted men, North and South, will place the gifted Mississippian alongside the most renowned orators of ancient or modern times.

The report of the Wilkinson trial is accompanied by foot-notes, referring to subsequent parts of the work, explanatory of the text of the trial and showing the changes in the law.

Part II is an exposition of several topics on the law of homicide, according to present statutes and authorities, arranged under appropriate titles.

Part III is a full and comprehensive statement of the Statutes of Indiana, with full abstracts of judicial decisions in this State and other states in the Mississippi Valley, in relation to homicide. 
   INTRODUCTION.

5

The Objects of the Author.

The object of the author has been to prepare a useful book, especially to the profession in Indiana, and other States in the Mississippi Valley; and while this work is not intended to supply the place of other and more voluminous publications of a like character, yet it is believed that, in no other work, within so few pages can there be found so much matter that is so useful to the profession in homicide cases. The author hopes to be allowed to make this claim, salvo pudere, without arrogating to himself any extraordinary superiority in style, law knowledge or scholarship. He claims no other merit than what is found in the plan which he has adopted, and a patient and pains-taking collation of the materials he has accumulated in his practice and reading during the last thirty years.

A leading object of the author has been, to present in Part II, multum in parvo   as much law as possible in as few words as may be consistent with clearness. Accordingly he often disposes, in a few lines, with sufficient clearness, as he believes, of a topic, that occupies many pages of elaborate disquisition in the more ponderous and voluminous disquisitions on criminal law. Avoiding the philosophical and metaphysical refinements and new-tound classifications and analyses of some modern writers, he has endeavored to present a plain, concise and practical view of the Law of Homicide, as it is now administered, according to the latest authorities and judicial decisions.

A leading object with the writer has been to present a publication that is attractive, entertaining and useful to the student and young practitioner, and at the same time a work of utility to the profession at large. It is the experience of every one in the profession, that at his commencement of the practice of law, while he may have diligently read the text books and other works, and has an adequate supply of law knowledge, he is yet puzzled 
   6

THE LA W OF HOMICIDE.

The Objects of the Author.

and quite at sea as to the modus operandi of conducting a trial. This kind of knowledge comes, in a large degree, by practice and observation of the proceedings in court. It is one of the designs of this work to accomplish the same object by presenting a celebrated trial, giving all the proceedings from beginning to end, accompanied by appropriate comments and notes. The trial selected is of remarkable interest, the speeches able and learned, and some of them eloquent and thrillingly beautiful. In short, the publication is intended to accomplish what is so rare in legal publications   a commingling of the utile dulci. 
   PART I,

TRIAL OF

JUDGE WILKINSON, DR.WILKINSON AND MR. MURDAUGH

ox indictments for the mcrder of

JOHN ROTHWELL AND ALEXANDER H. MEEKS.

special term, appointed by act of assembly, changing the venue from jefferson to mercer circuit court.    hon. john l. bridges, judge,  edward j.  bullock,  prosecuting attorney.

Monday, March 4, 1839.

  1. Pursuant to Act of Assembly* passed in the Legislature of Kentucky on the 24th day of January, on the petition of Messrs. Wilkinsons and Murdaugh, for a change of venue from Jefferson county to Mercer county, the trial of this important case was appointed to commence at Harrodsburgh on Monday, the 4th of March, 1839. On the appointed day, the Court being opened in due form, before Judge Bridges, the counsel for the prosecution applied for time to collect the witnesses for the Commonwealth, most of those summoned not being in attendance. The Court required till next day for considering the grounds urged, and upon resuming, on the 5th, decided that all parties should be prepared to go to trial on the following Monday.

The intermediate time was employed by the prosecution and defense in collecting by summons or attachment the several witnesses, most of whom arrived at Harrodsburgh on Sunday evening, the 10th, by the stages, and next morning it was' generally known that all parties were prepared and anxious for the trial.

'   '"See Appendix, letter A.

(7) 
   8

THE LA W OF HOMICIDE.

First Day's Proceedings.

Special Term of the Mercer Circuit Court,

Held in Harrodsburgh, Mercer county', Kentucky, by act of Legislature changing the venue from Jefferson county   The Hon. John L. Bridges, Judge; Edward J. Bullock, Esq., Prosecuting Attorney; The Hon. Benjamin Hardin, assistant counsel, employed by the relatives of the deceased, Rothwell. Counsel for the defense   The Hon. Judge Rowan, S. S. Prentiss, Colonel Robertson, Samuel Davis, John B. Thompson, Charles M. Cunningham, James Taylor and C. M. AVicklifle.

FIRST DAY.

Monday, March 11, 1839.

   2. The Court was opened by the crier in the usual form, precisely at 10 o'clock, a. m., Dr. Wilkinson, Mr. Murdaugh, and their leading counsel, being present at the bar.

After a little delay it was intimated to the Judge that one of the defendants, Judge AVilkinson, was not in court, and would- probably not be able to reach town till 11 o'clock, as information had been received that he had been obliged to wait in Louisville a few hours extra for an important witness.

The Court suggested a recess till 11 o'clock.

Judge Rowan begged leave, before the order was made, to occupy the attention of the Court for a few moments, for the purpose of withdrawing a motion he had made on a former day relative to the. order in which the counsel on both sides should address the Court. That point had been since adjusted between the prosecution and the defense.

The Court observed that the counsel on both sides should, of course, adjust that matter between themselves.

Judge Rowan then stated that by arrangement, the order of speaking to evidence would be for the Prosecuting Attorney to open the argument, Colonel Robertson to follow, Mr. Hardin next, and then himself (Judge Rowan), and the Prosecuting Attorney to conclude.

The Court said there was no objection to that arrangement. The recess might now take place, with an understanding that when Judge AVilkinson reached town, notice should be given to the proper officers, that the Court might resume with as little delay as possible.

Judge Rowan intimated that on Judge Wilkinson's arrival, should any contingency arise rendering it important to the defense to make any change or addition of counsel in the order of speaking to evidence, he wished to make a reservation in favor of such change or addition. [This was understood as alluding to, the probability that Mr. S. S. Prentiss had been employed by Judge AVilkinson, and would arrive with him for the purpose of addressing the jury.] The Court said it was a matter of arrangement between the counsel on both sides, with 
   TRIAL OF JUDGE WILKINSON ET AL.

The Jury Interrogated.

which the Court had no disposition to interfere. Mr. Hardin said he had made no concessions on that point. The subject here dropped, the Prosecuting Attorney merely repeating the order before mentioned in which the counsel on both sides should speak to evidence. The Court then took a recess.

  3. Shortly after 12 o'clock Judge Wilkinson arrived in a hack, accompanied by Mr. 8. S. Prentiss, of Mississippi, and General Chambers, of Louisville. They drove to Dr. Graham's, where Dr. Wilkinson, Mr. Murdaugh and several of their friends were stopping. It was by this time so late that it was generally known the court would not resume till after dinner time.

At 1:30 o'clock the Court again sat. Judge Wilkinson, Dr. Wilkinson and Mr. Murdaugh being present, were recognized to save their bail. After the sheriff had called the jury panel, the Court asked the gentlemen for the defense if they were ready to proceed ? Judge Wilkinson stood up and said: " I wish, sir, S. S. Prentiss to be called as one of my counsel." Mr. Prentiss was called, but did not answer. " Do you know, Mr. Wilkinson," observed the Court, "where the gentleman now is ?" "I do not, sir," replied Judge Wilkinson, " but a person is gone for him." After waiting nearly half an hour for Mr. Prentiss, the Court asked if the swearing of the jury could not be proceeded with, while waiting for Mr. Prentiss, to which the gentlemen for the defense answered in the affirmative, and the swearing of the jurors, individually, was commenced. The Court interrogated each juror thus: "Are you a house-keeper of this county ? Are you in any way related to the prosecutor, the deceased, or the defendants, either by marriage, or otherwise? Have you heard any statements of the transaction from any persons professing to know the facts, or have you conversed with any of the witnesses on the subject ? " To these interrogations ten of the panel answered in the negative; two answered that they had heard Dr. Graham speak of it, but had formed no opinion from his statements; six answered that they had heard Dr. Graham talk of the matter, after his return from Louisville, and that they had formed opinions; and four were peremptorily challenged by the defense without assigning cause. The prosecution made no challenges. Thus, twenty-two of the panel were called, six of whom were set aside by the Court for having already formed opinions, and four set aside by challenge from the defense. The ten passed, with the two who had formed no opinion from what they had heard, completed the jury, and were sworn to try both the indictments. The names of those accepted by both sides will be seen in .the order in which they were subsequently called. The six who stated that they had heard Dr. Graham speak of the affray, and that they had formed no opinions, were, Marhly, Bruce, Chapman. Cohnan, Thompson and Curry; those challenged peremptorily by the 
   Ill

THE LA W OF HOMICIDE.

The Indictment.

defense were: Oohoon, Randall, Jones and Huff. C. Humphries and Jacob Vanarsdall were the two who had heard Dr. Graham speak of the matter, but had formed no opinions.

  4. Judge Rowan, previous to the reading of the indictments, addressed the Court for permission to introduce Mr. S. S. Prentiss, oi Mississippi, a practicing lawyer at the head of the bar in his own State, and who now asked leave to practice in this court for the purpose of aiding in the present defense. The Court assented, being satisfied of Judge Rowan's assertion, and ordered the clerk to swear in Mr. Prentiss, which was accordingly done.

The jurors sworn and called over by the Clerk of the. Court were: Benjamin Alson, R. M Davis, Buckner Miller, Robert Alexander, John Bowman, John Burton, Elijah Gabbett, John Bohan, John Adair. Elineazer McGoffin, Charles Humphries and Jacob Vanarsdall.

The Clerk of the Court then read the two indictments, as follows:

(1)  5. The Commonwealth of Kentucky, Jefferson county, anil Circuit, Set. December Term of the Jefferson Circuit Court, in the year of our Lord one thousand eight hundred and thirty-eight, the jurors of the Grand Jury, empaneled and sworn to enquire in and for the body of the said county of Jefferson, in the name and by the authority of the Commonwealth of Kentucky, upon their oaths, present, that Edward C. Wilkinson, Gentleman, (2) John Murdaugh, Gentleman, and Benjamin K. Wilkinson, Doctor of Medicine, late of the said county and circuit, on the fifteenth day of December, 18:t8, in the said county of Jefferson and State of Kentucky, with force and arms, feloniously, wilfully, and of their malice aforethought, an assault did make in and upon one John Rothwell, there being; and the said

(1) " Edward C. Wilkinson, gentleman, etc. This word " gentleman " is called an addition. Formerly it was required that in an indictment for felony, not only the name of the defendant should be given (if known), but also his " addition" that is, his " estate, or degree, or mystery, meaning his title, dignity, trade or profession. The omission of the "addition " was formerly fatal to the indictment. But in Indiana and most of the other States it is no longer necessary, either by virtue of statutes or judicial decisions.   G Blackf., 49.

" With force and arms." The use of these words is now unnecessary. Wharton's Precedents, pp. 9, 4:i.

"With a certain knife." The common law rule in pleading the instrument of death, is, that where the instrument laid, and the instrument proved, are of the same nature and character, there is no variance; when they are of opposite nature and character, the contrary. Thus, evidence of a dagger will support the averment of a knife, but evidence of a knife will not support the averment of a pistol.   See further on this subject, post. Part II.

" Had ami held in his right hand." This averment need not be strictly proved. It is not a fatal variance, if the evidence shows that the instrument of death was held in the other hand.   Arch. C. P., 10th Ed., 407.

" In and upon the left side, of the back," etc. Halo says that it must be averred in what part of the body ttie deceased was wounded, and therefore If it be charged that the wound was on the arm, hand or side, without saying whether on the right or left, it is bad. 2 Hale 185. [N. B. It is believed that this is not good law at the present time in this country 1 If' however (says Hale), the wound be stated to be on the left side, and proved to be "oil the right, or alleged to be on one part of the IkxIv, and proved to he on another, the variance is immaterial. 2 Hale, 186; nee post, I 57:1 of Part II. The proof need not correspond witli the averment as to the part of the body to which the violence was applied. 7 Hlackf , 70 It is not necessary that the part of the body struck should be specified in the indictment Carter

Tlie Slate, 2 Ind., 617.

mission between the blow, etc., and the death ; in other cases it"nlay'bc" rejected^ age.   Slate of Penn. v. Bell, Add., 171, 175. r

"Against the form of the. statute," etc., " and against the peace and dignity " etc This allegation is superseded as uuueessary by statute in Indiana.

(2) See post, ?572. 
   TRIAL OF JUDGE WILKINSON ET AL.

1 1

The Indictments.

Edward C. Wilkinson, with a certain knife, which the said Edward C. Wilkinson then and there had and held in his right hand, the said John Rothwell in and upon the left side of the hack, neui the backbone of the said John Rothwell, and also in and upon the chest, near the collar hone and right lung of him the said John Kothwell, then and there, feloniously, wilfully, and of his malice aforethought, did strike, thrust and penetrate, giving to the said John Rothwell then and there, with the knife aforesaid, in and upon the left side of the hack, near the backbone of him the said John Kothwell, two mortal wounds   one of said mortal wounds between the eleventh and twelfth ribs of the said John Rothwell, and of the longth of four inches and of the depth of five inches; the other said mortal wound on and cutting through the seventh rib on the same leftside of him the said John Rothwell, and of the length of five inches and of the depth of four inches; and also giving to the said John Rothwell then and there, with the knife aforesaid, one other mortal wound, in the chest of him the said John Rothwell, near the collar bone and near the right lung of him the said John Rothwell, of the width of one inch and of the depth of five inches; and that the said John Murdaugh and the said Benjamin R. Wilkinson were then and there feloniously, wilfully, and of their malice aforethought, present, aiding, assisting, comforting, helping and maintaining the said Edward C. Wilkinson in giving to the said John Rothwell the said several mortal wounds, in manner and form aforesaid; of which said mortal wounds, the said John Rothwell, from the said fifteenth day of December, in the year aforesaid, until the sixteenth day of the same month and year aforesaid, at the county and circuit aforesaid, did languish, and, languishing, did live; and on the said sixteenth day of December, in the year of our Lord 1838, aforesaid, at the county and circuit aforesaid, the said John Rothwell, of the said several mortal wounds aforesaid, did die. So the said jurors, upon their oath aforesaid, do say, that the said Edward C. Wilkinson, tho said John Murdaugh, and the said Benjamin R. Wilkinson, then and there feloniously, wilfully, and of their malice aforethought, in manner and form and by the means aforesaid, did kill and murder the said John Rothwell, contrary to the form of the statute in that case made and provided, and against the peace and dignity of the Commonwealth of Kentucky.

FR. JOHNSON, Commonwealth Attorney in and for the Fifth Judicial District.

A copy, attest:

Phil. T. Allin, Clerk.

g 6. The Commonwealth of Kentucky, Jefferson county, and Circuit, Set., December Term of the Jefferson Circuit Court, in the year of our Lord 1838, the jurors of the Grand Jury, empaneled and sworn, in and for the body of the said county of Jefferson, in the name and by the authority of the Commonwealth of Kentucky, upon their oaths present   that John Murdaugh, Gentleman, Edward C. Wilkinson, Gentleman, and Benjamin R. Wilkinson, Gentleman, late of the said county and circuit, on the fifteenth day of December, 1838, in the said county of Jefferson and State of Kentucky, with force and arms, feloniously, wilfully, and of their malice aforethought, did make an assault in and upon Alexander H. Meek, there being; and the said John Murdaugh, with a certain knife, which he the said John Murdaugh then and there had and held in his left hand, the said Alexander H. Meek, in and upon the right side of the belly, between the hip bone and the navel of him the said Alexander II. Meek, then and there feloniously, wilfully, and of his malice aforethought, did strike, thrust and penetrate, giving to the said Alexander H. Meek, then and there, with the knife aforesaid, in and upon the right side of the belly, between the hip and the navel of him the said Alexander H. Meek, one mortal wound, of the breadth of one inch, and of the length of six inches, and of the depth of six inches   of which said mortal wound the said Alexander II. Meek then and there instantly died; and that the said Edward C. Wilkinson and the said Benjamin R. Wilkinson were then and there feloniously, wilfully, voluntarily, maliciously, and of their malice aforethought, present, aiding, assisting, helping, abetting, comforting, sustaining, and maintaining the said John Murdaugh in the felony and murder aforesaid, in manner and form aforesaid, to do and commit. So the jurors aforesaid, upon their oaths, aforesaid, do say   that the said John Murdaugh, the said Edward C. Wilkinson and the said Benjamin R. Wilkinson, then and there, feloniously, wilfully and maliciously, and of their malice aforethought, in manner and form aforesaid, did kill aud murder the said 
   I--'

THE LA W OF HOMICIDE.

Witnesses for the Prosecution.

Alexander II. Meek, contrary to the form of the statute in that ease made and provided, and against the peace and dignity of the Commonwealth of Kentucky.

FR. JOHNSON, Commonwealth Attorney in and for the fifth Judicial District.

A copy, attest:

Phil. T. Allix, Clerk Mercer Circuit Court.

I 7. After reading each indictment the Clerk gave the prisoners in

charge to the jury in this form:

"Upon this indictment, gentlemen, the prisoners at the bar hare been arraigned, and have pleaded not (iUILTY, and for their trial have thrown themselves upon God and their country, which country you are. You will therefore hear the evidence between the Commonwealth and tile accused, and a true verdict give according to the Kline ; and if you find them guilty you will assess the punishment   if not, you will say so, and no more."

Here fifteen witnesses for the prosecution were sworn, and all but Mr. Redding ordered to withdraw into an apartment attached to the court.

Mr. Redding was then requested by Mr. Hardin to state what he knew of the transaction.

Mr. Redding: Some time in Decomber Dr. Wilkinson called at my shop to purchase a suit of clothes, and desired that they would be ready on the following Saturday. He then agreed for an overcoat, to be furnished the next" week, and a pair of pantaloons, and said he would call at the appointed day for the suit of clothes.

[Colonel Robertson here rose, and observed to the Court that on a former occasion, at the examining court, the counsel for the defense had suffered evidence to be gone into relative to a matter that had occurred some four or five hours previous to the transaction laid in the indictments. He could not conceive why it should now be attempted to connect these transactions. It would be established that the persons killed had not been present at what occurred at Mr. Redding's, and had nothing to do with that affair. He therefore objected to the present investigation being allowed to embrace the affair at Redding's store, which formed the subject of another prosecution.

   8. The. Court said it was impossible at the present stage of the case to judge whether the two affrays had any connection or not; and there could not be any material objection to hearing the evidence now in progress, because if it subsequently turn out that there is no connection, it must be discarded by the jury, as far as it relates to the first affray; and whatever may be given in proof that is not legal evidence will then become harmless. The witness should be allowed to make his statement.]

Mr. Redding resumed : I had the clothes prepared, and folded them on the counter to send to the Gait House on the appointed Saturday evening.

Mr. Hardin :  Where was this ?   You have a tailor's shop ? 
   TRIAL OF JUDGE WILKINSON ET AL.

13

Testimony of Mr. Bedding.

Mr. Reddinc : My shop is on the lower corner of Third and Main streets. There is but one square between my shop and the Gait House; but my shop is on the opposite side of Main street

Mr. Hardin:   In the city of Louisville?

Mr. Redding : Yes.

Mr. Hardin:   Well; proceed with your statement.

Mr. Redding: On that Saturday afternoon the Doctor came to my store about the clothes, and I showed them to him. I asked him to try on the coat He said yes, and took off his old coat and tried on the new one, which he seemed to like very well. He merely remarked, ns to the fit of the coat, that it was a little loose; but he had been sick and had fallen away, and hoped soon to fill it up.

He then took the things out of his old coat pockets and put them into the pockets of the new coat. He desired me to send the pantaloons and vest to the Gait House, and at the same time handed me a $100 Mississippi bank bill, which he requested I would hold over for a week or two, as he had information with regard to the arrangements of the banks below, that the discount in a few days would be considerably reduced.

   0. He then went away, and in the course of an hour or so returned, accompanied by two gentlemen, as I afterward learned, his brother Judge Wilkinson and Mr. Murdaugh. When the Doctor came in the second time he said he would have to throw the coat on my hands as it did not fit and his friends had told him it was badly made   not fashionable; it was the Judge that said most about it's not being fashionable. I offered to get any alteration necessary made. He said no, that it was no coat at all. As soon as I found they were not disposed to take it, I said I would keep it. The Doctor then took out some money and said he would pay for the pantaloons and vest   which had been sent to the Gait House. The Judge said, no, do not pay for them, perhaps they would not fit   they would be like the coat. 1 thought he and Murdaugh had more to say against the clothes than the Doctor, who, I saw, would be pleased enough only for them. He said the law was, that if a coat did not fit it should be taken back. When the Judge interfered so much, I said it took more than one to judge a coat, and that I thought he had already said more than hi ought. The Judge, who had been sitting near the stove, then jumped up and said he did not come there to be insulted. I remarked that I did not intend to insult him. He snatched up the iron poker at the stove and rushed at me with it, attempting to strike me, but I received the blows on my arm. Seeing that no one in the store was interfering, and hearing something about a Bowie knife, I thought to get them to the street where some one would be passing, and I seized the Judge and jerked him to the side door, near the corner, going into Third street. 
   14

THE LA W OF HOMICIDE.

Testimony of Mr. Redding.

As I got to the door I think I slipped and fell, and the Judge fell with me.    

   10. I thought the whole three were on top of me, and I struggled till I got the Judge under me, and I raised to keep off the Doctor, or to pull him down, when he tried to stab me with his knife but was pre vented by some one. The knife was like this now handed me; I think it is the same knife. The Judge still held on to, the poker. I should have stated that when the Doctor drew his knife on me, a voice quite near, which I thought was Murdaugh's, cried out, " Kill the damned rascal." It was then that some one ran up and held the Doctor's arm. I threw them off and got out on the pavement. Murdaugh was on the pavement with his knife drawn. I picked up a brickbat, and told them I would whip the whole three if they would lay aside their weapons. Seeing no interference, I returned into the shop, and the Doctor followed me in with his drawn knife in his hand, demanding his $100 bill. In the scuffle I had lost my pockctbook, in which it was, but some one just then, who had picked it up, handed it to me, and I gave the Doctor his $100 bill. They then went away with the knives drawn, and the Judge carried off the poker. Several persons came into the shop after they had gone, and some advised me to get them taken up. I did not at first want to do so, but after a little time was persuaded to go to the mayor's office, accompanied by Bill Johnson; but before this I went to Mr. Fulton's store and got a small dirk knife from Mr. Noel, which I put into my watch pocket. As we went to the mayor's office we called at Vacaro's and Flymen's coffee houses to inquire for the marshal, Mr. Turner, or one of the police officers. Not meeting any of them, we proceeded to the mayor's office, and went up stairs to Mr. Pollard's room. I told the circumstances to Mr. Pollard, the clerk of the police court, and told him I wanted a warrant. He asked me. for the names. I said I only knew for certain that one was Wilkinson, but I could get the names at the Gait House.

  11. Mr. Pollard said he could not give me a warrant without the names, but if I saw Mr. Turner I could get him to go with me and arrest them without a warrant. I told him that I would go to the Gait House for the names, and bring them to the office. We then started for the jail in search of Mr. Turner, and went around there, but could not find him, as he was not there. Bill Johnson went into the jail to inquire for Mr. Turner, and I staid on the outside on the pavement, inquiring about the officers. Before Johnson came out I started off to Market street, and over towards Rothwell's corner. I saw Rothwell, my brother-in-law, standing at Dr. Bernard's office, and told him what had happened. I was going up Market street, and he went along with me. We tried as we went along to find Mr. Turner, or one of the city officers, but not being able to do so, we proceeded on to the Gait 
   TRIAL OF JUDGE WILKINSON ET AL.

15

Testimony of Mr. Heading.

House. We went into the bar-room and I saw Mr. Sneed, who minds the bar, and asked him for the register, and the names of the three Mississippi gentlemen. In the meantime Mr. Everett came in, and I asked him if he would give me the names on paper. He very politely said he would, and immediately did so. I then got to talking