xt751c1tf66r https://exploreuk.uky.edu/dips/xt751c1tf66r/data/mets.xml Ward, Matthew Flournoy, 1826-1862, 1854  books b92-259-31825113 English Appleton, : New York : Contact the Special Collections Research Center for information regarding rights and use of this collection. Butler, William H.G., d. 1853.Crittenden, John J. (John Jordan), 1787-1863. Helm, John Larne, 1802-1867. Marshall, Thomas Francis, 1801-1864. Wolfe, Nathaniel, 1810-1865. Allen, Alfred. Richardson, Albert D. (Albert Deane), 1833-1869. Full and authentic report of the testimony on the trial of Matt. F. Ward  : certified to be correct by Thomas D. Brown, clerk of Hardin Circuit Court; Wm. Alexander, former commonwealth attorney for theHardin District; and Judge Al ex. Walker . ... : with the speeches of Gov. Crittenden, Gov. Helm, T.F. Marshall, esq., and Nathaniel Wolfe, esq., and the reply of Alfred Allen, esq., attorney for the commonwealth / reported by A.D. Richardson. text Full and authentic report of the testimony on the trial of Matt. F. Ward  : certified to be correct by Thomas D. Brown, clerk of Hardin Circuit Court; Wm. Alexander, former commonwealth attorney for theHardin District; and Judge Al ex. Walker . ... : with the speeches of Gov. Crittenden, Gov. Helm, T.F. Marshall, esq., and Nathaniel Wolfe, esq., and the reply of Alfred Allen, esq., attorney for the commonwealth / reported by A.D. Richardson. 1854 2002 true xt751c1tf66r section xt751c1tf66r 





                       A


     FULL AND AUTHENTIC



                REPORT


         OF THE TESTIMO'4NY ON THE



TRIAL OF MAlT. F. WARD,


               CETIIFIiD TO BE COL:WECi BY
         THOMAS D. BhONWN, CLERK FOU HA1RLDIN (.MCl-r COURT;
 WM. ALEXANDER, Foarur COMMoNXwFALTII ATrorN.Y vOR 11E HArtDI DjsTric1r; and
            JVDKr ArEX. W.WLKR., OF NEw Ofl1.xANs.

                     m vilw  THlE

              S P E E C Il E S
                       OF

(Gv. CRITE.NiDEUN, G(ov. HELM, 1'. F. MA RSI [ALL, E,
                       ANI)
            NATHANIEL WOLFE, EsQ.



                AND THE REPLY OF
ALFRED ALLEN, Esq., AwopwrKvy FOIR THE C,1M(MNN FAT:H.



          Reported by A. D. RICHARDSO.Y.



D. APPLETON



   NEW YORK:
& COMPANY, 346 & -348 BROAL
       1854.



)WAY.



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I



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A



     FULL AND AUTHENTIC


                REPORT


         OF THE TESTIMONY ON TF-IE



TRIAL OF MATT. F. WAR 1),

               CERTIFIED TO BE CORRECT BY
         THOMAS D. BROWN, CLERK OF HARDIN CIRCUIT COURT;
 WM, ALEXANDER, FORMER COMMONWEALTii ArwOnNEY FOP THE IIARDIN DxsmTBIo; and
            JUDGE ALEX. WALKER, OF NEW ORLEANS.
                     WITTH THE

              S P E E C H E S
                       OF
Gov. CRYENDEN, Gov. HELM, T. F. MARSHALL, EsQ.,
                      AND
            NATHANIEL WOLFE, ESQ.,

                 AND THE REPLY OF
ALFRED ALLEN, ESQ., ATTORNEY FOR THE COMMONWEALTH.



           Reported by A. D. RICHARDSON.






                  NEW YORK:
   D. APPLETON & COMPANY, 346 & 348 BROADWAY.
                      1854.

 This page in the original text is blank.

 















          THE WARD TRIAL.




Hardin Circuit Court, in Session at Elizabethtown, Ky.,
   Judge J. W. Kincheloe, of Breckenridge, presiding.-
   Spring term, 1854.

   COMMONWEALTH OF KENTUTCKY V8. MATT. F., AND
                  ROBERT J. WARD, JR.
   The Indictment, brought by change of venue, from Jefferson County,
charges Matthews F. Ward with murder in the first degree, committed
on William H. G. Butler, on the 2d of November, 1853, by shooting
him with a pistol, the ball of which took effect in his left breast, and
caused his death on the 3d of November. Robert J. Ward, Jr., is
charged with aiding and abetting, in the second count, and as a principal,
in the first count of the indictment.
                    Counsel for the State.
     ALFRED ALLEN, of Breckenridge, Commonwealth Attorney.
     SYLVESTER HARRIS, of Elizabethtown.
     T. W. GIBSON, of Louisville.
     R. B. CARPENTER, of Covington.
                   Counsel for the Defence.
     Hon. JOHN J. CRITTENDEN, of Frankfort (who volunteered).
     Hon. THOMAS F. MARSHALL, of Woodford.
     Hon. JOHN L. HELM, of Hardin.
     Hon. GEORGE A. CALDWELL, of Louisville.
     NATHANIEL WOLFE,             Ad
     THOMAS W. REILEY,            4X
     CHARLES G. WINTERSMITH, of Hardin.
     JAMES W. HAYES,
     R. B. HAYES,

 



8



THE WAtjn 'L TIAL.



                            FIRST DAY.
                                         7Tuesday, April 1th, 1854.
   The Court convened at 8 o'clock.
   After the transaction of some preliminary business the case was
called.
   At the suggestion of Mr. Helm, the Court made an order prohibiting
the reporters, who were furnished with seats by the Court, from pub-
lication of testimony during the progress of the case, deeming such
publication prejudicial to the interests of justice, and likely to interfere
with a fair and impartial trial.
   The Counsel on both sides who were not members of the Hardin
County Bar, appeared and were duly qualified by taking the prescribed
oath.
   At about 9 o'clock the accused were brought into the Court room,
accompanied by their friends. The elder-Mr. Matt. F. Ward-was in
a very feeble and reduced condition, induced by a severe attack of
neuralgia, from which he had been suffering for several months. He
was unable to walk without the assistance of crutches.
   The Counsel both for the Commonwealth and the Defense expressed
themselves in readiness to proceed to trial.
   Mr. Helm moved that the prisoners be tried separately.
   The Court granted a severance, but left to the Commonwealth
Attorney the privilege of deciding which of the defendants should first
go to trial.
   The Prosecutor desired that Matthews F. Ward, as the principal in
the case, should be tried first.
   The defendant entered a plea of Not Guilty.
   The erapanelling of the jury was then commenced. A majority of
those called had formed and expressed an opinion on the case, from
public rumor and newspaper reports, and were therefore incompetent
to try it.
   WThen the regular panel was exhausted, therefore, only five jurors
Lad been selected  and the Sheriff was directed to bring in bystanders
until the full complement should be procured.
   The jury was at last declared full, after fifty-one had been excused
from serving, being incapacitated by the cause alluded to above.
   There was but one peremptory challenge made by the counsel for
defence.  The others were excluded by the Court as disqualified. It
consisted of the following gentlemen, who were duly empanelled and
sworn:

 




THE WARD TRIAL.



9



          Greene Walker,             Thomas Thurston,
          Thomas M. Yates,        Isaac C. Chennoweth
          James Crutcher,           Asa Buckles,
          George Stump,             William Eidson,
          Raleigh McIntire,       Abraham Neighbors,
          John Young.               Richard Pierce.

   The indictment was read to the Jury by the Clerk.
   The Court then addressed them as follows:
   GENTLEMEN: The defendant in this case has been arraigned and
has entered a plea of Not Guilty, throwing himself upon GOD and his
country for trial. You are to try him, according to your oaths, upon
this indictment.  If you find him Guilty, you will say so: if Not
Guilty. you will thus return him to the court. In case the killing shall
be proved to have been done by the defendant, under the influence of
excitement and passion, you may find him guilty of manslaughter, under
this indictment, and will do so. Should it appear that the killing was
done in self-defence, it was not an act of voluntary manslaughter, and
you will find him Not Guilty.
   Mr. Wolfe gave notice of his intention to make a motion to permit
no witnesses for the Commonwealth to remain in the Court-room during
the progress of the trial except the one under examination.
   Mr. Allen gave notice of intention to make a similar motion in re-
gard to the witnesses for the accused. He desired to sail ,_ider eqjual
colors here, and from the well-known reputation of the gentlemen en-
gaged on the other side, he had no doubt that they would concur in
such a wish.
   Mr. Wolfe objected to the motion. He certainly desired to have
the case tried in the most fair and impartial manner; but in the course
of a criminal practice of fifteen years, he had heard such a motion made
only three times, and in each instance it had been promptly overruled
by the Court. At the present stage of the proceedings it would be im-
possible to furnish a complete list of the witnesses for the Defense, and
some might be called, during the progress of the trial, who were not yet
subpcenaed. As a further reason he remarked that it might be necessary
that some one or more witnesses for the Defense, should be present dur-
ing the examination of the witnesses for the Commonwealth; that they
might identify them for reasons thereafter to be assigned.  The mo-
tion supposed the universal depravity of the whole human race.
   The Court remarked that the question was exclusively one of prac-
tice, and left to the discretion of the Court. When such orders were
made, it was done to promote the ends of justice, and founded, not oD

 




TILE XVARD TRIAL.



the hypothesis of the total depravity of the whole human race; but
simply on the common sympathy universally existing, and to enable
every witness to detail facts as they had been communicated to his own
senses, and with no reference to any statements which might have been
made by others. In this case the Court deemed the order necessary,
and would make it; though it was not so stringent as to exclude testi
mony which might be made known during the progress of the trial, but
of which the counsel were not yet aware.
   Mr. Crittenden remarked, that there were many witnesses present
who had been called simply to prove character, and were anxious to be
in the room during the progress of the trial.
   The Court said that the rule might be waived in regard to such wit-
nesses.
   As the procuring of a full list of the witnesses must consume con-
siderable time, the Court took a noon recess.
   Prior to adjournment, however, the Court instructed the Jury thus:
   You have been empanelled and sworn, gentlemen, to try a case of
peculiar importance, both to the Commonwealth and the defendant.
The Court has deemed it its duty, therefore, to make such arrangements
that you will not be separated during the progress of the trial. You
will not, of course, converse with any one, or listen to any conversation
in regard to this case, and should any person persist in addressing you
upon it, you w11 report their names to the Court at once. Neither
will you converse with any one upon any subject whatever, unless in
presence of the Sheriff, or by special permission of the Court.


                     AFTERNOON SESSION.

    On the opening of Court, Mr. Allen remarked that he observed on
the list of witnesses for the defence, the names of Mr. and Mrs. Robert
J. Ward (the parents of the accused). They must necessarily feel a
deep interest in the progress of the trial, and the Commonwealth had no
desire that the rule in regard to the exclusion of witnesses should apply
to them.
    All the witnesses both for the Commonwealth and the Defense, who
 were to be procured, were brought in and sworn collectively.
    The testimony for the Commonwealth then commenced as follows:
    ED'ARD W. KNIGHT, sworn.-Was present in Prof. Butler's school-
 room on the 2d November, 1853; on the first entrance of Matt. F.
 Ward, I was in the recitation room; in the morning, aoult half-past
 nine o'clock, a negro came over to the school-room  and took home all
 the books of Victor and William (the two younger brothers); about ten



10

 



THE WARD TRIAL.



o'clock, I saw Matt., Robert, and William come to the building; I was
in Mr. Sturgus' recitation room, but went out to see what would take
Flace; saw Matt. speak to Mr. Butler; he told him he had a little
matter to settle with him; Mr. Butler said something in a low tone,
which I understood to be to invite him to come into his study; Matt,
said " No," and asked him which was the more to blame, the little con-
temptible puppy who begged chestnuts and then told a lie about it, or
his brother William; Mr. Butler asked him to step into his study, but
he refused again, and said if lie could not answer there lie did not want
an answer; he then asked him why he called his brother William a liar;
I then heard Matt. call Butler a d-d liar and a d-d scoundrel; Matt.
appeared to be very much excited; I saw that they drew nearer to-
gether, and Butler approached Ward; do not think Butler struck him,
but I observed a moment after that Butler had his hand on Matt's
shoulder; Matt. drew his right hand from his pocket, while he and
Butler were clinched, and drew out a pistol with it; he presented it im-
mediately to Butler's left lung, and fired; Butler dropped immediately;
Matt. then drew another pistol, and Robert drew a knife which he flour-
ished about, and when Mr. Sturgus, one of the other teachers, came in,
Robert said to him, " Come on," and approached him; Mr. Sturgus re-
tired to his own room, but came out a moment after, when Robert
chased him with the knife back into his room, and Sturgus made his
absence out of the window; one or two of the other scholars and myself
assisted Butler to walk away; when we had gone one square, he wished
to lay down, and could not walk; we took him into Mr. Harney's resi-
dence; I had not been in school for three or four days, until the day
previous, when I learned that one of the boys had been punished, and
heard Victor Ward say that the matter was not over yet; hence I ap-
prehended trouble when I saw them come in; Butler knocked the pistol
from his breast, after it was fired, and went into Sturgus' recitation
room; lie came out a moment after, and motioned to the scholars that
he was done for; the view I had of the parties, while they were strug-
gling, was a side one ; think Matt. Ward struck Butler first; Butler
then stepped forward and laid his right hand on Matt's left shoulder;
the school-house is situated on Chestnut street, in Louisville.
   (A diagram of the school-house was produced by the counsel for the
Commonwealth, and the witness went on to explain at length the posi-
tions of the parties, and of the various points spoken of.)
   Witness proceeded: I did not hear Butler make any remark to
Ward, except asking him to step into the office, and replying to his
question, that he did not feel like answering it without giving an explan-
ation; it was then that Ward replied by calling him a liar and a scoun-



11

 




THE WARD TRIAL.



drel; when Butler fell, he exclaimed, " I am killed! May GOD forgive
me! My poor wife and child! "  After he had fired the pistol, Ward
pointed the one he drew afterwards around the school-room for a few
-minutes, and then left; he walked away very deliberately; he left the
pistol he had fired on the floor; it was a small, self-cocking pistol, with
a walnut handle; I think this is one of the same description; Butler
did not seem much agitated; he replied in a low tone to the questions-
he always spoke low; Ward's voice was loud; he appeared agitated
after he had spoken to Butler, though not before; I noticed by the
working of his right hand, that he was very nervous at the time; there
were only three of the other pupils assisted Butler to Col. Harney's;
no one else entered the house with us I think, but I was much agitated;
after we were in the house, I noticed another gentleman there, whose
name I did not know before Dr. Thomson came in; we had laid Prof.
Butler down, and he told us to set him up; should know the gentleman
were I to see him; do not think the whole affair occupied more than
ten minutes.
    Cross-examinxed.-Reside in Louisville; was a student in the school
at the time; when Ward came, Butler was in his recitation room, with
several of the boys; do not recollect who they were; cannot say posi-
tively that there were any boys in there; the recitation room is on the
right hand side as one enters; I did not testify before the examining
court, as there were others to give testimony to the same effect; testi-
fied before the Grand Jury; when Ward called for Butler, a boy went
for him; his face was towards Butler while they conversed; Wardes
back was to me then, but I passed up a little, to get a side view of
them; I was then looking angularly at Ward's left side, and Butler's
face; when Ward entered, I observed that his right hand was in his
pocket, or wrapped in his coat; he held his hat in his left baud; his
right side was away from me, while they conversed; never have told
Dr. Casparri that while this was going on, I had gone for a pair of
tongs; have told him that as I was to testify in regard to the matter, I
desired to say nothing about it; my hand was on a desk when the pis-
tol was fired; all the boys in Mr. Sturgus' room rushed for the door
when they saw the Wards enter; he called us back, when I asked to be
excused; he granted the request, and I went out, while the other boys
returned into the room; those who remained there could not see the
occurrence; the class to which we belonged was one in Algebra; can
give the names of some of the boys who composed the class, and remain-
ed in the room; Robert Trimible and William Fagan, were two of thern;
just at present I cannot recollect the nauies of any of the others; the
class had been formed about a month; the most of us had been in it



12

 




                        THE WARD TRIAL.                         13

from the first session of the school, early in October; know all the
boys who were in the school-, I was near the door of the recitation
room when I beard Ward ask for Butler, and I opened the door and
looked out; I was there when Butler came out and the conversation com-
menced; there were about forty pupils in the school; with the exception
of those in the recitation rooms, the boys were then in the school room;
when Ward asked the questions I heard Butler reply, in a low tone, " I
don't feel disposed "--this was all I heard him say; all I have related
about inviting him into his study, &c., has been told me, since; I
thought Ward struck Butler; thought so, because I saw Ward bring
down his left hand with a gesture, and Butler fall back, Butler then
sprang forward and laid his hand on his shoulder; it was not done
gently; did not see Butler strike at all; I know he did not strike after
he was shot; when I said they were clinched, I meant they were near
together, and Butler's hand was on Ward's shoulder; did not see that
Butler had beaten Ward down, nearly to the ground before the pistol
was fired; did not hear Ward say to Butler that he had a little matter
to settle with him; only heard him say: " I wish to see you; " could
niot hear the replies of Butler, he spoke so low: all that I heard from
him, was: " I don't feel disposed; " the remark about the chestnuts,
alluded to the punishment of William Ward, the day before; the only
thing I heard Robert Ward say to Sturgus, was: " Stand off;" imme-
diately on the report of the pistol, Sturgus came out of the recitation
room into the large hall; Butler was then on the floor; this was on the
north side of the room, and the settees were on the south side of it;
suppose the room is not less than fifty feet deep; Sturgus had nothing
in his hand when he came out of his recitation room; I (lid not hear
Butler invite Ward into his recitation room, now I have thought of it
more fully; did not see Sturgus in his room, when Butler went in there,
after be was shot; think he had run out of the window before that time;
have said he was one of the worst frightened men I ever saw.
   Direct, resumed.-Am sixteen years of age; never testified before,
in a court of justice; said, in my examination in chief, that I observed
the Wards coming in the hall; Paid that I then asked to be excused
and left the recitation room, and that I saw Butler come out of his
room.
   Mr. MARSIHALL.-If the Court please, I must object to this line of
examination, and request that some rule may be established, limiting
the extent to which gentlemen are allowed to repeat, word for word, the
questions which they asked the witness on the examination in chief.
Such a course, though it may give, an advantage to the side which pur-

 




14THE WARD TRIAL.



sues it, and gains the last lick, must render this case absolutely inter-
minable.
   MR. CARPENTER.-I have no desire, if the court please, to obtain
any " last lick," and have simply pursued the course from a wish to
save time, as I desire to recall the attention of this witness to a single
point. It is my intention to seek no unfair advantage, but to conduct
this case on high, professional and honorable principles.
   MR. MARSHALL.-I suppose the gentleman in boasting of his highly
honorable and lofty method of practice (which we have not impeached-
as yet), intends to cast no imputation on other gentlemen in the case, as
pursuing a contrary course 
   MR. CARPENTER.-Certainly not.
   MR. MARSHALL.-Ah! Then the self-advertisement of the ge