Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1843-04-14
NJ { RCER'S TRIAL.
Tie STATE rs. Sin eieton Mercer

Daniel Elmer, one Of the Associate Jus.
tees Of the Supreme Court, and Judges Gle
ment, Harrison, and others, of the Court of
Common Pleas, presiding.
Counsel for the Sta,c--Gco. p. Mollr-
son, Attorney General, and Thus. p. Car
pcntcr, Prosecutor Of the Pleas for Glouces-
ter CO.
Counsel for the Prisoncr--Pcter A.
Browne and W. S. Price, of Phil.. Peter
D. Vroom, Garrc, d. Wall, A. Browning,
W. n. LETTERS, J. II. Sloan, r. X. Ma.lack,
J. B. Harrison, r. W. Howell, of NJ.
The Clerk then commenced calling the
names of jurors, and the following jury was
cmpannrllcd IN about half an hour, out Of
the frs, 80 names called viz:
Jury as Empannnsied.
James Jenner, SWIM. Josiah i3ndd affirmed
1 l. cAehsrman ! !sns,I y Packer
Robert X. Kilie, " Abel Fowler affirmed
Stephen d. Kille affirmed. John Ahertson,
| John w. Key, sworn Jacob Evaul,
After Judge Elmer had informed the menu
bers of the jury that they would no, DO al.
lowed 20 separate until the close of the trial.
Mr.. Carpenter opened on the part Of the
State.
He then called
| Jlmes C Vandyke, ESQ, snorn-In The afternoon
of Friday 10Th February, about dusk, Mr.. HeLerton
and myself in ide close carriage and colered man
on the outside, went on board ferry oat al Market
street ferry for the purpose Of crossing this Sae;
| about the time the boat left Philadelphia wharf or
short time after, got out and left Mr.. Heberton on
the hack sent; the carriage stood on down river side
and Philadelphia end Of the boat; two or three feet
from the carriage the upper side of the boat there
was coal wagon parallel with the carriage the
! horses' heads of both vehicles towards Camd en- /;
there was great deal Office in the canal though the
| island which frightened the horses and went to
the head Of up line horse; the servant stood at the
head of the other hprse rs we reached jersey shore,
the part where stood had passed the piers; heard
port followed At once thought what it was; went
TO the carriage door while was thcre heard The
third and fourth report-l opened thedoor- Mr. Heb.
er,on was of his seat ulterne faint groans moaning
II called to him twice or thrice and shut tho door,
| when called he NEARLY eroaned-I lett the carrnga
and came round the head Of the horses IN the conl
wagon somewhere near the front wheel Of tho coal
| wagon, met Mr.. Mercer-I said TO him, catching
hold ofhs This ia pretty piece Of business sir
My impression is but am no, positive on the sub.
ject. that
Mr. Broune-sts,e whn, you know md moi
lIltnsss-He said here AM. I Give myself Up
give myself up to Justice. I told him he m st gel
into the carrlase and 90 hack to Phlrh,lpha.- He
refused, and said don't AXE where they will hurt
mt" said come with me- my young friend. no
one shall hurt you'' ] called 10 s,me gentleman
standing nv 10 assist me in defining Mr.. Mercer
This individual refused at first. ! left Mr.. Mercer il
charge Of some persons on the boat and went 10 ht
carriage the left hand door, got mp the step, anc
! raised up Mr.. Heberton's head, which was hanging
down, and found that he was either dead or just dy
; ing went back 10 where left Mr.. Mercer, an'
asked him for his p s'ol; he eoid Il have none"
said give ME thu pistol, air, YOU sho, him with II
replied. Oh and put his right hand into lhe,s de peck
ct of his coat. Iput my hand in nf,er Ind too
ont asy barrel pistol told the ser,Hnt he mus
g take Mr. Mercer on the box Of the carriage. Mr.
Mercer got up himself on the box Of the carriage,
the coored man drove the carrinoe up TO the Hole
! and wen, some Office with Mr.. Mercer. When
returned, found the body of Mr. Heberton nj the Ho
: lei. He was lead. forgot TO mention that simuia
: neousy with the hrst report Of the pistol. heard
g which to TO be an exclamation OF distress
!. Mr. Cnrpsatsr-Did you See the wound?
y Wtnsss-I did. 1t was under the left shoulder
I II was round wound, such as would have cen mad
with bullet. ] examined the carriage afterwards
The carriage hid leather curlnns the side and hac
% and the top rested behind n cen'er piece. Til
y cur,ains had silk linnes SOUNDS The curtains
the upper corner of the carriage near the coal Wagon
/, were little open. On the side rur'nn, nj tho COZ
ner, there VIVA a seni.c,rcu mr. piece taken out mn
y the cloth of the inside padding Of the back wasn lt
q torn. Thee was hole through the side c,Irtrin
foot or more forward NJ that place. little lower dowI
q Tho earrisge had n window in the door, which vs.
;. broken Al the time went IN the cnrrage. TheI
were two in,ks in the carriage door. jus below n
g windows which took to be the mar Ks Of tw" Of II
e hal,s-The roller which the window strap WI
e held wa broken of
% Cross examined ~ Peter A. Brorr. Esq.-Tt
!, time | went own ~ The wharf from NV office WI
before duck that we entered the boat. could It
fire in the furnace Of the bonr which Won cnnnot
q we'll d. in the dav 'ime M. Mercer's hand was
i. his pocket when PVT mine in
!. PyJ IT. S2o1n. "a certain man found u
r. roller have refarred TO in the carriage
= BIZ Hm j. f.rs Esq-T'sre were rife and
double harreltd run in the rarr,aee, beth unlonde
'e think the servant, under nv dlrerions, or Mt He
h herion's nut them into the cariaae.-Thers wi
l. found on Mr. Heberion n small pistol. and knife
7, Is inches Ing opening with spring. and fnsfe
I'd ing hack The blade about one half this in sns
pr I do moi know whether the pistol was lnadsd
IN was going about or 10 miles from Camden, 10
s. country house, fr tho purpose # lenyine Mr. i,ebe
We ton. to spend week ,wo--at Mr. Thomas Wrigh
on PersanQnin Greek. dill not examine, on going
he board III boat. until got ont of the carriage to
- whether there WAS any person on board. Mr.. He
o. ert0n aske me rs s,,n as got on ho,-d the boz
of gel and if anv person, elher Mr. Mercer
re- his friends, were t,ere watching I'old HIN thong
Ill il unnecessary, rs no person would suspect IN
H. he was on board. sat III or minutes NJ er III
81, Mr. Heher,on gave me no direction rs to what W
p. IN do in case any one wns found there Mr.. Hebt
t0n ON moi my ~nht ne WOMB 90 chsP INV one W
he found on hoard. The pistol found on H'heron, W
re given nv 10 one Of the offic rs ut Camden. T
zee double barrele1 pun, believe belonged IN Mr. leh'
of ton. II was brought from his house, and placed
IN. the carriage, ] believe, by my servant. cannot 8
nj. positively wheher the roller of the carriage was
,re before we went on board the boat There was
nv mar ofa hall where the roller usually placed.
raj have known Mr.. Hehe,ton about twelve years.
,ar went 10 &hool with him. had seen but little
ie, him until within NJ ont three or fnnr months Of
he DEATH ! do not know whether he was in The ha
s- Of carving arms. ] saw Mr. Heherton on Tuesd'
-ed 7ih Of February, and rode with HMM the aferno
sse about miles Of the city At his request, when
he took ten The house Of Robert Steel at Al nRt
wn Montgomery comfy Mr.. Steel our form
NJ Ischoolmna'rr. Mr. Heberton cnme to me on u
in tav on professional hnsnes, md he appeared worr
and very restive and asked me to Take him out Of
CIV, . =.
los town, md The el wasrnken for The pnfhose NJ
ATE rinp-ihe rife for shoiiirr nj mark intended
re- return The sare ,iphfor the newt evening. Ny
icr' to get him Out of the city. He had seye
'e. objects.
~ jams Cpaa. affirmed.-I have never seen
H. Mercer. the prisonera the bar since The day Of
NV murder. ] wos IN hoard the bon on the 18th Of u
e., ruarv nj the time Of the murder ] saw the pls
'ol fred stsaa on The upper side Of the boat near
haa rI