The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-04-14

STEPHEN srRAcuE swom--Was at the place of the
turning home through the meadow; got over fence OF
4rods from the bridge to examine tracks which
noticed IRON the pah within few feet from the fence
iound the piece OF gun stock, or inches in length
there was blood and hair the pieces the black
this was in the forenoon the Monday following the
der Che piece of gun stock produc and witness
identified 1t as the same he had found)
WALTER BEArrE sworn--Left home about six o'clock
Sunday evening the place of murders when there
saw deceased laying the ground under the foot bridge
the snow was considerably beaten where lay and the
blood spatted about; blood the foot path for
RODS up the hill on the Johnston side; there also
blood of the posts stancheons Of the BRIDGE ap
pearances indicated that there had been struggle near
where the body lay went again to the spot day;
vd Lawton and several others with me; examined
the river to If any weapon had thrown I'M found
track on the meadow; followed it the meadow to
pond; could not trace 1t on the pond the pond
covered with ice; went the pond and found track
but the foot marks larger and pointed in another
direction; looked further to the right and found Other
foot marks going towards amps appeared TO be of
size oil those first discovered they about
apart and could have been made by short person
except the run; traced the foot marks the swamp
and lost them there and went home next day TUESDAY
went again in company with several others OF them
named Mason found the track where had lost il the
day before Luther Lawton followed the track and found
old blue coat there pieces OF paper in the peck
arm Of the coat the sleeve of the
bow, and there something like cobblers and hair
clngng to on the lining; while searching for tracks
the side OF the swamp heard some say that the gun
found went to the school house by and waited till
the party having the gun came up; the gun broken
found near the footbrdge; 1t made close joint saw
blood the breach Of the gun The coat pieces OF
and box found in the were here produced in
and recognised by wnessj There charge in the
gun when saw witness went again to the place where
the murder was committed, Wednesday Gardner
Luther there and had found parts of the lock the
gun where deceased lay Mr. Spague in the habit OF
going TO the Carpenter Place Sundays than other
days-generally in the afternoon.
II being o'clock the Court here took recess till NJ
BEArIns testimony contnued-I have in the
hands OF the Sheriff pair OF boots puportng to belong
found in the snow The pieces Of the gun here pro-
duced and recognised)
Cross examned.-Noticed cobblers wax on the coat
sleeves at the time found deceased kept cattle
Carpenter pace there is barn there the cattle in
winter shelter under some trees part OF the track
which traced across the meadow is visible from John
ston part of also from the foot path nearly all of it
from one or two places OF it from Spragues vii
age should think come forty fifty OF the laDorers in
Splagues village remain at home Sunday, the others
generally 80 to meeting in Providence.
RoBEur BEArrIE, sworn-Joined Walter Beatte and
others Monday morning. to examine the ground Of the
murder sc. (Ihe testimony OF this witness pretty
much the same as that OF Walter Beattie)
Crosse ramined-The tracks which traced beyond
the pond were very far apart uniformly far short
man (Both the prisoners are short mtn)
IloRArio N. WATERMAN sworn-l lived in same house
with deceased at the time Of death last saw him alive
about halt past o'clock the day Of his death he
Ding hl his house went into the back part OF the
oiter and heard his voice in conversation till
!
WItI TWO men on Tuesday and traced iootmarks from
place OF murder the meadow to the pond went
across the pond and traced them from where the was
found, into the swamp where the coat found the
footMarks were three feet apart and Of the size
throughout the men with me traced them to within
eight feet oil Nicholas Gorion's house did not
go to the housetuIned through orchard and found
another track, leading from the house to pond the
ootmarks correspondent exactly with those had traced
through the swamp The gun and coat had been found
when examined the track through the swamp there
were other tracks through the swamp, larger and
smaller than those traced they appeared
| fresh. and thought were made afterwards.
Crosceramned.-dad no difficulty in keeping the track
from where the gun and coat were found was snow
| fell between Sunday aud Tuesday afternoon, when eX
amined the ground do not know when the tracks
made there ice in the tracks traced in places
not certain that could distinguish between a track
made Sunday and one made Monday the tracks we
traced were deeper and further apart than the others
JoHs G. DrmkRRlTr, sworn-Qie was with the last wit
ness when the tracks examined and testified to the
truth Of what he had said Saw pair Of boots taker
from the house Of the cordons and applied to them tn,
measure which he had used in the tracks the track
eighth Of inch wider than the boot in length pre-
cisey the (The boots shown and recognized
Crosseranined The tracks we traced after leaving
the place where the coat found into the trOddeT
f0opah and was lost some rods along, track which
we supposed TO have been made by person. left hs
path the other side, and went into another swamp
thence traced it to back door of N Gordons house
the not beaten round Gordons back door W,
noticed two tracks going from the door.
| DAVID LAwroS, sw0rD.-On Tuesday following the
murder, in company with others, followed the track OF
person into the swamp; found coat there there Wa,
| blood on II came out oil the swamp, the
Theodore Quint, and went back when out again
went the school house where the had carried
(The coat was produced and recognized by witness
There blood the sleeve lining the elbow ant
hairs sticking TO II there was also blood other part
| OF sleeve and skirt
Crosseaamined-- sure there was blood on lining
the coat ut the elbow. Che coat was reexamined by
witness.) thought 1t blood, but did not examine
particularly at the time it might not had been blood
Direct resumed VIVA appears now as wax sleeve
appeared then blood
| NATHAN PR,rr, sworn Examined the swamp on Tues
day went back to where the murder committed ant
traced tracks to pond crossed the pond and followed t.
the right until came to large examined the tre
to see If it was hollow in examining it, saw part of
gun stock and barrel standing against the tree found as
the breach OF the gun broken Off lay in the bushes b,
the side Of tree both pieces chiefly concealed By
bushes the pieces had blood and hair them fount
also piece Of the gun-l0ck carried them home ant
gave them afterwards to Sheriff Potter.
| CrOss-exaMinsd -Found tracks the tree when
went several persons had been there before.
| GARDNER LUTHER, sworn.Went to spot of murder on
Wednesday following dug up the where head Of
deceased lay and found several pieces of the gun lock
all that had not been found before carried the pieces "a
Mr.. Sprague's house and delivered them to man who
introduced to an officer Nicholas Gordon
have agun about two weeks before murder commit
ted can't say that resembled the gun produced in court
The Court now q o'clock adjourned to o'clock to
morrow morning.
WEDNESDAY, MoRSIvc
Dr. BowEs of job nson examined-IIe had arrive,
the spot Of the murder before the body was
and made some examination of wounds. His testimony
in important points, agreed with that Of Dr. Miller givei
| before
| Cross-eramined The part over which deceased wa
gong was the one usually travelled by people going
yond Carpenter Place. There 6 30 families in tho
little village in Johnston; most of the men work In
Spragues village and 80 over the path two times
a. day.
H,RDrSG BRrGes, sworn Saw Nicholas Gordon have
gun time in latter part OF last fall early part oil
winter; II was long stocked gun, with small bored bar.
rel and percussion lock- 1t had been altered from an old
fashioned lock- the one now in court looks very much
like the one saw.
Crosseramined-Io often go cunning in the region OF
Mr. sprsgues murders often see men about there with
guns oener Sundays than other days. Judge this to be
the gun Mr. Gordon have from smainess of the bore
and length OF stock.
WALTER Br,rrIr, recalled for Observation-Disclosures
Gordons house stands hill near the highway; no
fence between house and road; back side of
dons house from next nearest house; there are apple
trees between but witness does not think they would
or the views about 10 persons live in next house to Cor
dons can't say whether they usually at home on Sun
days.
Mr. Cushing, surveyor, here introduced and
yWore the OF the man exhibited i'm cont