The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-07-16
Essex Oyer and TermIner.
TRIAL OF JAMES Low FOR THE MURDER OF Is
WINANS


he mad seen him have any In the morning Of Thursday
the day after his DEATH two neighbors David McCommon
and Ills Leachinorme1 him deceased missing and
hey went 10 his farm and discovered blood in passing
through the corned and the place whore some one had
iaen 40 ieet farther they dirt thrown up and
at eleven o'clock found the body covered inst enongh 10
hide it.
On the cross-examinaon the witness said wnans was
somewhat melancholy, and kept much alone they found
SOL III tied in stocking leg in an open chest in the
house. Prisoner was arrested in half an hour.
Dr. DAVID 5. CRAIG who had known him from boy,
the Inquest and idenfedNhe body died of gun
shot wounds one extended from the spae 10 the lett
shoulder blade; took two three common sized sho,
from 1t another wound extended four inches from the
outer corner OF either eye, three inches wide piece of
the frontal bone and the tip of the being carried away
and this would have killed him instantly he inserted
his hand and felt the brain from which he took shot he
was large and robust and man OF good and prac efu ha
bits, and live quietly aone heard of his quarrel
ling the body lay as described bv first witness no an
pearance OF struggling in the spot among the where
IT appeared TO have fallen and whence it was dragged
fmlP THus5lch testified that Abner Wnans called on
hin between III aud IL O'Clock with the discovery aud
wished him 70 20 20 Railway for constabies which he did
and having catered complaint were instructed TO arrest
prisoner shi VIM Howarh az whose house he had been
staying; found both at Howartts, Low being under
bed; could not speak when asked why he hid himselG
Howarhs double-barrel gun found in the barn. and
on the breech were two spots OF blood did examine
whether it was loaded not went to Howarths house
between IL and o'clock Thomas Randolph asked Mrs.
Howarth where Mr.. II. was she said she didn't know.
he then asked for his she said he I'M there
wers six or egh. with us; don't know whether any one
saw MS coming rnot did not see him when he found
Woodruff said that Isaac Winans had been killed iIo.
wath then asked il he arrested for that; told him
yes; he then said w. had gone to New York with Mr.
Pensanto sign deed for his property and get the money
for he was going out west when told Howarth what
they arrested for Low forward and said they
were arrested on account of Wnans they could easily get
clear; this half an hour before to where the
body was found Squire Silvers requested prisoner sit
upon the body; 1t was uncovered and laid naked can't
how long he sat there Howarth sat there also and
placed his hands it, they did not however both sit there
at the same tme can't say which sat there first.
THOMAS +. RANDOLPH sworn--Am a constable of the
Spd Iolpp IInt1 1s,
ofJune hast at his house, found him in the backoom Of
the house under the bed told him out; he ask
me aterTard what lad against him; told him would
tell him when we went to the magistrate: he asked to
show him my authority for arrestng him, if had any;
examined HIM and found three knives in his pantaoonS
pockets; can't say whether searched him when first
arrested him. or when got to the aven don't know that
ever saw prisoner but once before arrested him; it was
ten or twelve days before in owarths field. ploughng
corn have seen gun of this appearance before had
two spots of blood the iron the breech didn't set any
mark upon it, but believe this to be the one Uowarth
told me where it in the barn. and went and got IL
don't see any blood upon it think have gun
like It before saw it there;on' know whether there
auy powder or shot upon the prisoner but there
shot bag near the clothes; dom know bat the spots OF
blood might have been occasione by hunting The gun
was left AT Woodruirs after had wrapped up in cloth.
Neither Howarth prisoner had access to il alterward
The blood seemed to have there from the fingers OF
the holders.
WIN. HowARTH sworn-Lve in Upper Railway; have
lived there about three years. have been in tho vicinity
about eleven years; knew Isaac Winans since
to Railway; saw him last alive about two weeks before
his DEATH in the road; his body the day il dis
covered it had been brought upon the HILL have known
Low ten or eleven years; first knew him in New York
first him in Railway about ten years ago he used to
come out cunning once or twice year, he generally
stayed a. my house when he OUT don't know that he
knew Isaac Winans before this season; he first became
acquainted with him about two weeks before the murder
he my hoase about two weeks and three days
fore the murders he told me he came out with intention
to buy farm; he spent the OF his time working with
me, and sometimes he went shootiag had contract
with him. and did not pay him any wages, weeks be-
fore the murder he took my horse down Ezaboth.
town. to if he could buy Dr. Geo. Chetwoois farm;
don't know what he did about it, Low work
Wednesday, 29th June; he started TO N York he said
he going to Peasant get money 10 buy farm
With he didn't take the dog and gun; he didn't then say
OF whom he was going to buy it, about IL O'Clock he
back he said he hal met Peasant and another Eli
zabethtown, and he went TO the Doctors with Mr. Pen.
sant and the Doctor asked him SO 900 for his ace; Mr.
Peasant said it too dear but offered bin 50 $50 cash
down. he said that the Doctor refused take it, and PEN
SAINT said they could get places cheaper than that that he
had lett Peasant and as ne was coming home he met Wi
nans and he had talked with him about his place and Wi
mans had partly agreed to sell it to him. We then
went TO Mr.. Browns to grind my scythe; then came
home and went to my work and left him in my house
and didn't him again till half past FIVE; him then
when went TO the house. told him he would be too
late the cars he then put his clothes for the
cars went into the barn to stop the fowls from laying
eggs the hay, and the gun there there
caps it on Wednesday night asked him where he
had been he said down to Gaskls asked him If
he took the gun and he said looked at the gun to
If it charged or not; there caps it, and
thought it had not been used since used ii self then
put it on the stable floor then went to band meeting at
eight o'clock came from band meeting with Thomas
Thompson and got home about eleven o'clock
The prisoner up when got light struck, and
asked him how he had got he said very wel he had
bought Isaac outs that Isaac had been down the depot
and that he had shown Peasant and him 500 specie and
that he had it in Kind of a belt around him; under
soo him that il in silver he said he had bought the
place and that Mr. Peasant was going to pay him of in
bright gold asked him il he had the deeds made
he said nos then told him that Shotwe ell the baker could
do those Kind of things very handy he said Wnans OBJ
ected because he had sister in Railway whom he didn't
want to know any thing about it, and that he would write
to them when he wanted them to know IL he said he would
90 New York and have the deeds made there, and
afterward start for the West He then asked me if would
wake him in the morning. he didn't say what hour,)
he said he wanted 60 aud Peasant and Wnans be-
fore thoy went away for he had left them down herc he
and Thomaston then went TO bed and went 10 mine The
next morning he got up before without any awakening
suppose he got up betw and O'clock got up about
half past to wake Thomas TO hoe corn and he said Low
had gone about an hour before; went for my horse TO
down town and catch them all in bunch, as was afraid
of their cheating Low; got back about s. and prisoner
up the road and told him was going down to
what they at; nc said would but Peasant
Isaac had gone in the last ran and he said that they
had made their bargain at McGuires the evening before
Between and o. after breakfast heard the COW bel.
lowing very loudly; asked if was lsaac's cow and
said wanted milking; he said that he didn't believe Isaac
came home the night before and ask 20 down with
him and milk her, told him that had objections if all
right and he said was; went two of our
lots the road and past Leachs opposite Wnans.
He wanted Leach to take the 1.-TWO hogs for the pasur
age of the cow wishing him her. Itod him when
saw the deeds and the keys delivered 10 him. would
take the to my place; went from there TO McCom-
mons the next house and there we found each Nc
told us all the story he told the night before; he ask
ed McCommon il he gonu down TO Newark that
day. and said that he had been there DAYS before and
then told the story again. and that he Isaac the
night before with his dirty clothes on and he had S70s in
specie in belt. After shs went home. Low went to
lie down in the chilrens lrunde bed in the
previous to thsMcCommon told us that would be sub
pmnacd down to Newark, TO appear against woman for
selling rum, and told my 10 tell the men, when
they came. that was not n then lay down and slept
for an hour and when awoke heard some one talking
in the house and opened the door, and Randolph said
Billy, want youi" came out into the big room, and
the constable came and fetched Low out he then aske
If had gun-told him that it was in thcbarn told
him wacre the gun lay, and he fetched it, and OF
them said there was blood on then said had been in
the barn time, and migh be rused think this il the
gum belongs to Ezekiel Wilcox; used shoot the
crows borrowed it in the iorepart of May, in planting
time; Low had shot beg at his house but no powder
horn had one Low had been in the habit Of taking the
gun whenever he vented II; Low usually about
in the morning; usually breakiosted about Z; Low
didn't say what PEASANTS first name was; Low is
cousin 10 my wife he told me he keeping house and
his father boarded with hm he told that he and his
father had disagreed about judgment that he had against