xt78pk06x45w https://exploreuk.uky.edu/dips/xt78pk06x45w/data/mets.xml Ward, Matthew Flournoy, 1826-1862, 1854  books b923431w2152009 English Morton & Griswold, Printers : Louisville, Ky. Contact the Special Collections Research Center for information regarding rights and use of this collection. Butler, Wfigiam H. G., d. 1853. Trial of Matt. F. Ward, for the murder of Prof. W.H.G. Butler, before the Hardin criminal court, April term 1854. Reported for the Louisvfige courier and Louisvfige democrat, by Geo. Cole. text Trial of Matt. F. Ward, for the murder of Prof. W.H.G. Butler, before the Hardin criminal court, April term 1854. Reported for the Louisvfige courier and Louisvfige democrat, by Geo. Cole. 1854 2009 true xt78pk06x45w section xt78pk06x45w 

prof. w. h. (j. butler,







Instead of offering to the public their own commendations of these books, the j 1 publishers have the pleasure of inviting attention to the following communications: \ 1. From Rev. J. M'Clintock, D.D., who is well known throughout the United '     Siates as one of the most accomplished scholars and skilful educators. As 1 professor in the highest institutions of learning, as the author of a most successful j 1 series of classical text books, and as editor of the Quarterly Review, published , 1 by the Northern Methodist Episcopal Church, in the city of New York, his , 1 reputation is as wide as the country.

''Butler's 'Practical Grammar of the EnglishTjAnquace,' is an exceedingly well-[ conceived and well-executed book.  It is Scientific, not only in its groundwork (which ' every elementary book ought to be), but also in its practical methods and devices, whore < empiricism is too often substituted for science.  As every lesson can be put to use at once, ' the learner makes real progress with every page.  I have seen no Elementary English < 1 Grammar that pleases me better   -or so well.


New York, March 28,1349.

2. From Gkorgk B. Emzrson, of Boston, whose commendation of any text book is conclusive evidence of its great merits. He stands foremost among the men to whom New England looks up, as the highest authority in all matters connected with education.

Dear Sir   I have hardly had an hour since I received your note accompanying this    Jraminar, which was not absolutely bespoken for some oiher purpose. On looking over ,iu book rapidly, I see many things in it which are excellent. The definitions are remarkably simple and clear; the -   ules are short and comprehensive ; and the arrangement is so good, and the exercises so well selected, that a tolerable teacher might be very successful in teaching the principles of English Grammar by the aid of it. It forms, moreover, iu the way it is intended to be used, what every Grammar for beginners ought to form   -au introduction to the art and practice of composition.

The names of the tenses are far more sensible and philosophical than those found in most Grammars, which indeed are often quite wroug and absurd ; and the principles of Syntax and of Prosody are singularly well condensed, without becoming too abstract and obscure. In a future edition. T. hope he will give the game condeusatiou to the rules fcr Punctuation. I am, dear sir, very truly yours,

Oct. 27,1845. GEO. B. E.MEltSON

To J. G. Palfrey, LL.D., 1>.D., Secretary of State.

3. The following are extracts from the opinions of distinguished scholars;   

From E. D. North, Prof, of Rhetoric in Yah College. " It is the most scholarly and philosophic Grammar that I know."

A. D. Lord, of Ohio. " T consider it one of the best works we have on the subject."

Rev. B. P. Ayilclote, of Cincinnati.        Au improvement, in every respect, upon preceding works."

Rich. H. Lee, Prof. Washington Coll.

" I heartily iccommcud it as the beat now to be got."

John Lewis, of Llangollen. 11 It is really what its title indicates   A i Practical Grammar."

Jno. B. L. Sonic, Tcrre Haute. " Far in advance of any now in use."

E. A. Smith, Sup't of Common Schooh, Statetown, N. Y. " I prefer it before Brown's and Bui- ] lions'.'1.

Moses Soule, North Brtdston. "My beau ideal of an English Gram*' mar." 




prof. W. r g. butler,






   Entered, according to Act of Congress, in the year 1854, by W.N.  UALDEMAN & CO., In tlie Clerk's Office, f'>r the District of Kentucky. 



On the second day of November, 1853, William H. G. Butler, Principal of the Louisville High School, was shot by Matt. F. Ward of the same city, while engaged within doors in the regular pursuit of his profession. Mr. Ward was arrested at his father's house, a short time afterward, and lodged in the Louisville jail. Mr. Butler died between 12 and 1 o'clock the next morning.

On the third of November, Ward was brought for examination before the Police Court, of Louisville, Hon. John Joyes, judge. A considerable number of persons, including several pupils in the High School, had been summoned as witnesses, and the court room was thronged. John A. Campbell, one of the pupils, was first introduced. He testified that Matt. F. Ward, accompanied by his two brothers, Robert and William, about 10 o'clock, entered the school room of Mr. Butler; and William Ward, the youngest, took a seat, and Matt. Ward asked for Mr. Butler. One of the scholars informed Mr. Butler that some one wanted to see him. .He went into the room, and Matt. F. Ward accosted him, saying, that he had something to say, and asked which he thought the worst, the mean little puppy 

trial of the wards.

that asked bis brother for chestnuts, and then told on him or bis brother, who gave him the nuts ? Mr. Butler made some reply, the witness did not exactly know what. Ward then, in an impatient manner, said he would also ask Mr. Butler another question, and asked why'he called his brother a liar; and then said Mr. Butler was a d   d liar, and immediately struck him. The witness then turned his back, and picked up the tongs, anticipating a fuss, when he heard the report of a pistol; saw Mr. Butler fall, but saw nothing more of Matt. Ward. His brother, Robert Ward, was there, however, armed with a large dirk, flourishing it about. Mr. Butler was shot in the left breast, near the heart, with a small, single barrelled pistol. Mr. Butler was a man of ordinary strength, probably stouter than Ward, and in better health. He, the witness, assisted in taking Mr. Butler away from the school room.

Doctors Thomson and Flint, who examined the wound of Mr. Butler, were then interrogated. Doctor Thomson said that he examined the deceased first, and stated that his death was caused by a pistol shot, the ball having passed through the left breast, penetrating the cavity, and severing the lungs. The Doctor further testified, that Mr. Butler informed him that Matt. F. Ward cursed, and then struck him, and they clenched, when he received the shot, the muzzle of the pistol sticking to his coat. The wound caused his death.

Dr. Flint examined the wound after others had attended him, and thought at first the wound was superficial, but subsequently was convinced that the ball penetrated the cavity and caused his death.

Dr. W. B. Caldwell, who probed the wound of Mr. Butler, testified to about the same as Dr. Flint, thinking 
   trial of the wards.


on a first examination that the ball glanced round the side, and did not see the patient afterwards. He supposed Mr. Butler's arm was elevated when the shot was fired.

Joseph Benedict, a small lad, testified that M. F. Ward and his two brothers, about 10 o'clock, entered the school room, and Matt. Ward asked for Mr. Butler, who came in from another apartment. Mr. Ward then asked him, which is the most to blame, the contemptible pup who begged his brother for chestnuts, and then told on him, or his brother, &c, &c. He then heard other words pass, next the report of a pistol, and saw Mr. Butler fall, and Robert Ward with a knife drawn.

Minor Pope testified that the Wards entered the school room, as detailed by other witnesses; that Matt. Ward called for Butler, who came to him, when Matt. Ward said, he had called to settle a matter with him, and asked the same questions as above detailed, when Mr. Butler requested him to step into another room with him, but Matt. Ward said no, that this was the place. Some further words passed, and Mr. Butler was ready to explain; but just then Ward raised his hand, and Mr. Butler stepped towards him, when Ward drew a single barrelled pistol, placed it against Mr. Butler's breast, and fired. Mr. Butler fell to the floor, and Ward left the house.

Edward Quiggty, another boy, testified that the Wards entered the school room, and Matt. Ward inquired for Mr. Butler. He came out; some words passed between them; he saw Mr. Butler put his hand on the collar of Ward, when the shot was fired. Mr. Butler fell, and exclaimed, "I am killed; oh my poor wife and child."

Professor Sturgus, one of the teachers, testified that he was in the recitation room; saw the boys congregating 

trial of the wards.

at the glass door of the room which looked into the school room. He called the hoys back, and just theu he heard a pistol fire, and, stepping into the room, saw Mr. Butler stagger and fall, and saw some one, supposed to be Robert Ward, flourishing a large knife. He turned to Mr. Butler, who fell on a settee, and he was fearful he would die before a physician could be called, and his nearest way was through a window which stood open, and he went out for Doctor Caspari. He further stated, that Mr. Butler had whipped William Ward, a small lad, one of his pupils, the morning previous.

Henry C. Johnston, a pupil in the class, testified in regard to the whipping of William Ward, the morning previous. He stated that one of the boys had been caught eating chestnuts, contrary to the rules of the school, and Mr. Butler called him up and whipped him. It was then ascertained that William Ward had been guilty of the same offence, and had also given the witness chestnuts, after borrowing his penknife. William denied the charges, but they were proven against him, and he was whipped with a leather strap, seven or eight blows being given on his back, over his clothes. The boy then went out in a sullen mood, shaking his head.

Mr. Gilmore, gunsmith, of the firm of Dixon & Gilmore, testified that Matt. F. Ward came to the shop Wednesday morning about 9 o'clock, and got from him a pair of single barrelled, self-cocking pistols, which were first loaded by witness, and then handed to Ward.

Dr. Tandell testified as to the nature of the wound, and the case was submitted without any rebutting testimony. The Judge ordered that the parties, Matt. F. Ward, and Robert J. Ward, jr., be remanded to jail, to 
   trial of the wards.


hoo] await their trial in the Circuit Court, on the charge of

eard murder in the first degree.

ltler On Thursday, the 15th of December, motion was made

bert before Judge Bullock, of the Jefferson Circuit Court, by

tier, the counsel of Matt. F. and Robert J. Ward, jr., for a

die change of venue.   This motion was heard by Judge R,

way on Monday, the 19th, at which time affidavits were intro-

out duced to show that the excitement against the prisoners

tier in Louisville, and Jefferson county, was such as would

pils, be likely to prevent a fair and impartial trial. The attorney for the Commonwealth (E. S. Craig, Esq.,) resisted

ard the motion, but the Judge decided that the change asked

OU9. for should be granted; and as affidavits by citizens of

ting Oldham and Shelby counties, were introduced by defend-

Mr. ant's counsel, to show that a fair and impartial trial could

hen not be had in either of them, Judge Bullock decided that

the the case should go to Hardin.

uts, In accordance with this decision, the prisoners were

ges, removed to Elizabethtown on the first of February, and

ped committed to the jail in that town,

on The first term of the Circuit Court in Hardin county,

n a subsequent to this removal, commenced the third Monday in April, 1854, and the case of the Wards was called in

>re, the afternoon, lay gle by

id, >ti-F.

to I ':^^:r: 




"    i	5

	1 ji


" 1	



A Passage between the recitation rooms Into

the school room. 6 Teachers' desk. m% Pupils'desks. B Mr. Hurler's recitation room. 8 Mr. S'urgus's recitation room D Mr. Butler's position when shot. E Matt. F. Ward's position when shooting. F Position of It. J. Ward when Mr. Butler was


K Point where Mr. Butler fell after being shot, from which he rose and staggered into Mr. Sturgus's room.

H Position of B. J. Ward vrhen mcnaorn^ rht pupils with his bowie knife.


1 Quigley's seat.

2 Pope's seat.

3 CampbelPs position.

4 Benedict's seat.

5 Crawford's seat.

6 Pirtle's seat.

7 Worthington's seat.

8 Bedding's seat 'J Beat.





HARDIN CO. CIRCUIT COURT   Judge Kinctieloe.

f MATT. F. WARD, The .Commonwealth, vs. \ and

( ROB. J. WARD, Jr.

The indictment in the first count charges M. F. Ward and R. J. Ward, Jr., with shooting, with malice aforethought, W. H. G. Butler, in the city of Louisville, on the second of November last, causing his death on the third of said month.

The second count charges Matt. F. Ward Tiith the shooting, end R. J. Ward, Jr., with being accessory.

Counsel for the Prosecution. Alfred Allen, of Breckenridge, Prosecuting Attorney. R. B. Carpenter, Covington. Sylvester Harris, of Elizabethtown. T. W. Gibson, Louisville.

Counsel present for the Defence. Hon. John J. Crittenden, of Frankfort. Hon. John L. Helm, of Hardin County. Hon. Thos. F. Marshall, of Woodford County. Hon. Geo. A. Caldwell, Louisville. N. Wolfe, Louisville. T. W. Riley, Louisville. C. G. Wintersmitii, Elizabethtown. J. W. Hays, Elizabethtown. R. B. Hays, Elizabethtown. 

Elizabethtown, Tuesday, April 18, 1854.

The case was called at half past eight o'clock this morning.

The Judge instructed the Sheriff, on account of the smallness of the court-room, and the great crowd, to admit no persons within the bar except those having privilege there. This included the officers of the Court, the members of the bar, and the witnesses.   All others to be excluded, without exception.

Mr. Allen, Prosecuting Attorney, moved that the Reporters for newspapers present, be allowed seats within the bar.

The Judge said he had no notice that Reporters were present, except by seeing the tables.

Mr. Allen said there were several.

Gov. Helm said he had no objection to Reporters taking notes of the evidence and speeches, but he should object to the publication of those notes till the expiration of the trial. If publication was allowed, the proceedings of to-day would appear in the Louisville papers day after to-morrow, and would tend to prevent a fair and impartial trial by inflaming the public mind.

The Judge then said the reporters would be admitted, on condition they would not publish their reports till the close of the trial. If they did they should be proceeded against for contempt of Court.

The Reporters were then given seats.

The defendants were then conducted into the Court, attended by their relations, who were deeply affected, weeping audibly, which produced a corresponding sensation on the prisoners, and even on the audience. Matt. F. Ward was evidently suffering severely from rheumatism, and walked with a crutch.

Mr. Crittenden, Mr. Wolfe, Mr. Caldwell, Mr. Marshall, and Mr. Carpenter, were presented to the Court, and were qualified by taking the usual oath, that they would support the constitution, and that since the formation of the new constitution, they had been engaged in no duel, either as principals, or seconds, or in any character whatever. 
   trial of the wards.


The counsel on both sides announced their readiness for the trial.

Mr. Helm asked for a severance of the parties in the trial.

The Judge said that it had been the practice on this circuit to allow a severance when asked ; and it had also been the practice to allow the Commonwealch's Attorney to select the prisoner first to be tried, and he asked Mr Allen which prisoner he would select.

Mr. Allen said he should select the principal, Matt. F. Ward.

The counsel for the defence waived the reading of the indictment, and said that the defendant plead not guilty.

The Clerk then proceeded to call the Jury. Fifteen jurymen were called in succession, and promptly answered that they had formed and expressed opinions in the case, and were as promptly set aside.

In calling the remaining nine of the regular panel, five were found who had expressed no opinion, and they were admitted without a question from the counsel for the defence.

Seven men were then summoned, and one of them admitted. Then six more- were summoned, and one of them admitted, one being objected to by the Defence. Then five more, and one of them admitted. Then four, and one of them admitted. Then three, and all set aside. Then three more, and all set aside. Then three more, and all them set aside also. Then three more again, and they in turn all set aside, one being objected to by the Defence. Then three more, and one of them admitted. Then two more and both admitted. This filled the panel. The names of the Jury are as follows:

Greene Walker, Thomas Thurston,

T. M. Yates, J. C. Chenowith.

James Crutcher, Asa Buckle3,

Geo. Stump, W. Eidson,

R. Mclntire, Abraham Neighbors,

John Young, Richard Pierce.

(The counsel for the prosecution asked no questions except whether the juror had formed an opinion, and objected to no man who had not. The counsel for the Defence objected to no one who would say positively he had formed no opinion. Most of those who had formed an opinion, said they had done 80 from rumor. Two or three said they had read the publication in the Courier. One man said he had read it, but did not believe it.) 

trial of the wards.

The indictment was then read to the Jury.

The Judge then addressed them as follows:

Gentlemen     The Defendant, Matt. F. "Ward, 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 the indictment. If you find him guilty, you will say so, and no more. If you find him not guilty, you will say so, and no more. In case the killing shall be proved to have been done under the influence of passion, you can find the defendant guilty of manslaughter, and will say so. Should it be proved that the act was done in self-defence, it is not an act of voluntary homicide and you will find him not guilty.

Mr. Wolfe asked Mr. Allen for a list of the witnesses for the prosecution. Mr. Allen asked for a list of the witnesses for the defence in return, or he could not give one for the prosecution.

Mr. Allen said he presumed the object in asking for the list, was to have them all excluded but the one on the stand. He thought that he should also have a list of the witnesses for the prosecution, to make a similar motion. It was as fair on one side as the other.   He asked Mr. Wolfe if he made that motion.

Mr. Wolfe said he certainly should make a motion to have all the witnesses for the prosecution excluded, but the one testifying.

Mr. Allen said he should then make a motion to have all the witnesses for the defence excluded during the whole examination. A witness for the defence might be prompted as easily by hearing the evidence for the prosecution as by hearing a witness for the defence. All he wanted was a fair and impartial examination, and lie expected to get that, from the well known ciiaracter of the gentlemen engaged in the defence.

Mr. Wolfe said he had heard such a motion as that of Mr. Allen made three times in his practice of thirteen years, and it was always promptly ruled out. The motion was founded on the principle of the universal depravity of human nature, that there was no goodness left. He hoped the Court would overrule it.

The Judge said the question mooted was founded in the practice of the Courts. The principle was that each witness should testify from his own personal memory, and not from the promptings of other witnesses. It was not founded in the depravity of human nature.   This principle was as applicablo 


to the witnesses on one side as the other. He should therefore rule that the defence must furnish a list of his witnesses, and that they should be excluded. This rule would apply to the principal witnesses on each side, but would not be rigidly enforced on witnesses in minor points.

Mr. Wolfe said that it would take some time to make out the list; and

Mr. Crittenden suggested that the Court adjourn till after dinner, which was granted ; and The Court adjourned.

(The Jury were committed to the Sheriff with instructions to converse with no one on any subject, and the Sheriff wa3 instructed to procure a room where they could eat and sleep together.)


Mr. Allen stated that among the list of witnesses furnished by the defence, were the names of Mr. and Mrs. Robt. J. Ward, the parents of the defendants. There was no wish on the part of the prosecution to exclude them ; neither did they wish to exclude witnesses summoned to prove character only. Such witnesses might remain in Court; but the principal witnesses must be excluded. By general consent, the physicians summoned, were permitted to remain,

The male witnesses for the prosecution were then called, and sworn, and instructed to remain outside of the Court house till called.

The male witnesses for the defence were also called, sworn, and similarly instructed.

Testimony for the Prosecution.

Edward W. Knight, called. Was present at the school room of Prof. Butler on the second day of November last. Was in Mr. Sturgus's recitation room, and saw Matt. F. Ward, Rob't J. Ward, jr., and Wm. Ward entering the gate from the street into the school house yard. This was about 10 o'clock. At about (^o'clock, a negro of Mr. Ward's had called and left word for the books of the Ward boys to be sent home. Had heard some threats from these boys the day previous, which 


made him expect some trouble the moment he saw the Wards come into the gate. He immediately went to the door opening into the large school room ; the other boys followed, but wers immediately called back by Mr. Sturgus,the assistant teacher.     (A plan of the school house was here exhibited to the jurj and court. The main school room was entered by a hall, on' each side of which was a small recitation room, the doors of which opened into the main school room, not into the hall or passage between them. Mr. Butler's room was on the right and Mr. Sturgus' on the left of the passage.)

AVhen I got to the recitation room door, the Wards had come in through the passage, and were in the main school room. Mr. Butler was just coming from his room. Matt. Ward said, I have a little matter to settle with you; which is the most to blame, the little contemptible puppy who begged chestnuts and then lied about it, or the boy who let him have them. Mr. Butler asked Ward to go into his room and he would explain the affair. Mr. Ward said no, here is the place to answer the question. Mr. Butler refused to answer without an explanation. Mr. Ward then said, Why did you call my brother William a liar ? Mr. Butler said he was not disposed to answer tin question without an explanation. Mr. Ward said, you are a d   d liar and a d   d scoundrel. Ward then made a motion as if striking at Butler, who sallied back a little. Butler then raised his right arm and moved toward Ward. Ward drew his hand from his pocket, presented a pistol to Butler's left breasi and fired. Butler dropped immediately, exclaiming, Oh, my wife and child! My Gcd! I'm dead ! Matt, then drew another pistol, and Robert J. Ward drew a knife. Mr. Sturgus came out of his recitation room, and Robert said, come on, I'm ready. Mr. Sturgu3 retreated to his room, and soon came out again, and Robert advanced toward him with the knife, and Mr. Sturgus run back into his room and made his absence out of thx window.

During the conversation between Ward and Butler, Ward spoke loud and Butler low. There was no person present except the scholars and Mr. Sturgus. The pistol seemed to stick in the wound, and Mr. Butler knocked it out after he got up. Mr. Butler stepped into Mr. Sturgus'sroom, and finding nobody there came out and passed out of the school room, 1 took his arm as he went out. Three or four of the boys went with us, Mr. Butler walked about a square, when he asked to 


lay down. We took him up and carried him into Col. Harney's. Saw no man there till Dr. Thompson came. Another gentleman was there just as the Dr. came. Have seen him since, once, and should know him if I saw him again.

Cross Examined. Resides in Louisville, on Market Street. Was a student in Mr. Butler's school at the time of the affair. Don't know whether there was a clas3 in Butler's room or not. Did not tell Dr. Caspari that at the time of the shooting I was off looking for a pair of tongs or a poker; told him I wished to have no conversation on the subject. May have answered some simple questions he asked. There were several boys in the Algebra class in Mr. Sturgus'sroom; can remember only one; Robert Trimble had been in the school two months. There were some forty boys in the school. When I first saw Ward his back was towards me; passed along so as to get a side view of the parties. Did not hear Mr. Butler ask Ward to come into his room. When Ward asked Butler why he called William a liar, didn't hear the reply distinctly, but heard Butler say, I am not disposed.   Don't know what the rest of the sentence was.

When Ward called Mr. Butler a d-d liar, then Ward's

arm come down, and Butler started back as if struck. He then sprang towards Ward, and laid his right hand on Ward's shoulder firmly, but didn't crush Ward to the floor, or anything like it. Butler did not strike Ward after the shot, but fell instantly. Heard nothing about the whipping of William during the conversation.

To Mr. Wolfe. Don't know the length of the house, it is from fifty to seventy feet. Mr. Wolfe asked several questions developing nothing new. The Court decided that one lawyer was sufficient to cross-examine a young witness, and hereafter that must be the rule.

Direct Examination Resumed. Am 16 years old, never testified before. Mr. Carpenter asked several questions going over the same ground as in the first examination.

Mr. Mars7iall. I wish to know if there is any limit at which this examination is to stop. The Court had just decided one good point against our side, for which I am glad, viz.: that there should be but one lawyer in the cross-examination of one witness. I now wish another point decided. No new matter had been developed in the cross-examination, and yet the counsel for the prosecution were re-examining the witness, thus having the last IicV at the Jury.   The defence would havn 

trial of the wards.

to cross-examine again, and thus the trial would be interminable. j|a!

The boy would not live long enough for them all to get through. eXp

Mr.'Carpenter.   I am aiming for no last lick.   I am disposed to conduct this case on high and honorable principles. Wo ' \yj

wish only  to  get the evidence fairly before the Jury, and au0

that we intend to do. Jje>

Mr. Marshall.   I merely wish the old rule applied.   I do the

not suppose that the gentleman by Ins gratuitous boast of (jooi

honorable principle means any reflection on Hie opposing counsel, the but he might have saved his self-advertisement till he was

impeached. m

Mr. Carpenter.   I meant no dishonorable reflection.   Th   j;V  

gentleman had insinuated that we are aiming at the last word, f gp0

and in disclaiming, it was not my object to reflect on him. eXj-

Mr. Marshall.   Then what was your object ? mi\

The Judge said he was very sorry to see so much excitement kne

so early in the trial, and hoped there would be no exhibition of -mtr

it hereafter.   As to the point -rf law raised, the practice was fogy

that one direct and one cross-examination should be the limit. Jiiis

But if new matter was elicited, or points confused, a further ^m

examination might be had. ft]

The witness then, in reply to Mr. Carpenter, said he thought

Ward struck Butler first, because Butler stepped back. J3ut

To Mr. Wolfe.   If Ward struck Butler it was with his left [

hand. ft

To Mr. Carpenter.   When Butler sprang towards Ward, he exar

only stepped forward one step.   Butler's right hand was crippled. testi

could not close or open it, the fingers being about half shut, jfov

Could not write with it.   When Ward said he wanted to see witn

Butler, Butler stepped towards his room as if asking him in. the

To Mr. Caldwell.   Have had no conversation with Mr. unr,

Sturgus on the subject.   Heard Ward say plainly, this is the He

place to settle it. that

Wm. W. Worthington, called.   Was in the school room of mer

Prof. Butler on 2nd of November last.   Was there when the the

Wards came.   Saw Wm. Ward come in and go to the seat he ft

formerly occupied.  Looked to the door ; saw Matt, and lloberi ft 0I

Ward there ; saw Mr. Butler coming out of his room.   Heard ft

Ward ask Butler which was the most to be despised: the H0W

contemptible puppy, who begs chestnuts, and then lies aboul ]

it, or my brother William ?   Mr. Butler said, if you will ft

walk into the next room, I can explain the matter satisfactorily. ] 
   trial of the wards.


Matt. Ward said something like this, I did not come for an explanation. Next I heard was Matt. F. Ward say, if you will not answer that, answer this ; Why did you call my brother William a liar ? Butler said, I cannot answer that unless I am allowed to explain. This is all I heard of the conversation. Next I heard a slight stamping of the feet, and looked round, the pistol fired and Batler was falling. Matt, was just in the door. Soon as Butler fell I left the room, and when I returned the elder boys were faking Butler home.

Cross-examined by Mr. Marshall.     Was 18 last July ; live in Louisville ; am son of Samuel Worthington; father formerly lived in Mississippi. The school-room is fifty feet across. Butler spoke low ; heard him say : If you will walk into this room I will explain. To Ward's second question he said : I cannot answer unless vou allow me to explain. Had not told his mother he knew nothing about this ; had told her he neither saw the stamping or shooting. When he was in the yard there were several boys with him; cannot tell their names; knew M  . Allen from Mississippi. Do not remember seeing him in the yard at the time of this affair.

Mr. Marshall. Did not Mr. Allen shake hands with you, and did not the boys, one and all, shout out and tell Mr. Allen that Butler struck Ward first ?

[Objected toby the prosecution.]

Mr. Marshall. I have a right to ask questions in the cross-examination to test this boy's veracity and memory. He has testified positively that he heard Mr. Butler say certain things. Now the fact involved in this question can be proved. The witness says he knows nothing about it. I have a right to ask the question to show he was so badly frightened, or was so unreliable, that no dependence could be placed on his testimony. He did not wish to use the expressions of these boys as evidence that Butler did strike Ward first. He wished to introduce it merely to test the boy's reliability, and the Court could instruct the Jury to give it credence for that purpose only.

Mr. xVllen still objected to the question, and the Court ruled it out in that form.

Mr. Marshall. Did not Mr. Allen enter the yard and ask how this happened ?

Witness.   I have no recollection of it.

Mr. Carpenter.   Have you ever attended a sabbath-school ?

Witness.   Not much. 

triat, of