The New York herald., 1845-03-04

my own views al the moment, that il deprived me
tor many minutes OF all self control, and reduced
me, as all present will recoect, for time, TO a
state OF infantile helpessness, both intellectually
and physically.
had, previous to being put upon trial, hoped and
believed that Nicholas would be first tired and IN
that intended TO divulge these facts and with
reference to this, had on all occasions urged the
counsel OF Nicholas to arrange that he be tired
first, telling him In general terms that could put
Nicholas in possession OF facts that would clear
him. But it was ordered, that was first tried
with my brother John and up to the termination
OF that trial, to no person but TO John had ever
communicated my knowledge respecting the gun
and the pistol.
was acquitted, but my brother was found gull.
ty My brother, impressed with the belief, and
sharing 1t, that had disclosed the facts known 10
me, he would have been acquitted also i wonder
not that weeks and months afterwards my conduct
and deportwent were such as led my counsel and
my friends 70 lend but an lnatten'ive ear TO my
comm9nIeati9ns NJ to regard me as some alo, as
hened, not with any secret connected with the
murder of Mr.. Sprague, for of that dark deed
know nothing; but the secret, that evidence
which, as view the case, might have saved a be-
loved brother from the galows, had been by me
sehshly suppressed, even while that more generous
brother sat beside Inc, acquainted with the same
facts, yet, for my sake, Withholding them. That
was at times almost frantic, find no difficulty in
believing.
A few days after my acquttal, avaing myself
OF the temporary absence from home OF my mother
drew the charge. 1t was loaded with powder and
shot. then put it back in the cavity, and there
II remained undlsturbed, until last fall, when ex
hlblted it to Mr. Matthewson and Mr. Chapman,
as will appear hereafter. Shortly after this drew
the pistol out OF the place where had put it., and
laid it in Nicholas trunk, down stairs, where it re-
mained unseen so far as know, until within few
days, when showed 1t to Mr.. John Devlin, OF
Pawtucket.
cannot say that I ever stated to any Of the
counsel of myself or my brothers, that knew
aught of the gun or pistol. My belief is that ne
yer dld to any OF them, excepting MI. Rogers, say
that knew where Nicholas gun was. had, how
ever, up to very recent period, full belief that
the facts Were known, both to Mr.. Curry and to
days before Nichn as rial ! was asked by Mr.
Rogers if knew where Nicholas gun was, told
hm did, and ado.c. Mr. Carpenter viii tell yeu
the whole" not doubling that should be called
on when the Court sal 10 produce the gun and pis-
tol, and testify in regard Z" them. Under this inn
preston | attended me Coott from day to day
expecting to be call d But unfortunately j!
so happened that when | was called Gas ]
anrsintormed l was) was absent; and the
counsel, it appears, did not deem my testimony
OF sufficient Importance 10 send tor me, or to call
me, the next day. II seems tnat 'ney knew not
that could give any information about The gun
pstol-that had been In error IN suipos,ng them
advised of my knowledge. My bro'hef's case
went to the jury; my testimony not before them
fortunately tor my future peace that ]afy did not
convict. But there was still occasion ior the
deepest sorrow and regret Upon the irIaf oi
Nicholas | had been led ts believe depended IN
some degree the fate Of John. Could Nicholas
lows But Nicholas not acquitted, would John be
repreved? Again was almost wild with anguish
and desI air.
On the day of the dismissal of the Jury bv which
Nicholas was tried, while riding on the Johnston
road with two acquantances, we overlook two
men on foot. one OF whom recognized as
the Jury. We entered into conversation which
continued until we arrived near Dyer's Bridge
when the man above referred TO (~hom have
since learned is named Matthewson) requested
some one OF us acquainted with the ground to ac-
C. mpanv him and his companion over II, to point
out the several localities referred to the late
trial. | offered to accompany them, and according
went with them over the fields to the spot of the
murder, and on the driftway over Hawkins Hole
Mr. Malhewsen. shortly after crossing ,he bridge
at Hawkins Hole, expressed his opinion that
John could not have committed the murder ;
but added. that he did think Nicholas must have
known something about II. In the course of his
remarks he said, in effect, that the gun with which
The murder was committed was Nicholas gun
This remark brought freshly TO my recollection my
own position with regard to the gun and pistol
and my anguish of heart sought relief in tears. ]
however retained sufficient self command 10 say
TO him that the gun found and produced in court
was not Nicholas gun. This declaration seemed
10 arouse him, and he, with some warmth, pro
ceeded to recaptulate the evidence given at the
trial In regard TO the ownership of the gun; ask
ing IN conclusion, and in triumphant tone, il
where is the gun which he owned to DR.. Cleve-
land he bought at AImys!"
Under the influence OF sorrow and remorse,
answered him that knew where it was, and
could show it to him il he would go TO the house.
He and his companion at once agreed TO go, and
10 the house We went | took the gentlemen up
stairs, aud, removing the carpet and lifting the
board, drew from its hiding place the gun. a halt
stocked gun, with percussion lock, iron trimmings,
and small bore, the only gun of that description
which, to my knowledge, my brother Nicholas
ever possessed He had formerly musket gun,
uh ha to M,ov ka.
ture tor the west but Of fowling guns with per-
cussion lock, never saw any other than this in
my brothers hands or house. In reply to the
questions OF Mr. Mathewson stated why | secre-
ted the gun, and when; and why did not dvulge
The facts on my trial. offered also to show Mr.
Mathewson the pistol which was below stairs but
understood him to say no matter about it,"
or something to that effect. / believe | re-
quested Mr.. Mathewson TO keep my communi-
cation secret. Mr.. Mathewson told me that my
testimony would be very important to Nicholas in
ms next trial, and that must not fail then 10 ar-
pear with the gun and the pistol. This advice colu-
clded with my own views, and determined to say
nothing more abost the the matter until Nicholas
should be again tried. | was induced TO believe
by what heard from my friends and acquaintances,
that John would be reprieved by the Legislature
until after Nicholas should be again tried and,
therefore, stlll trusted that | should be able by
stating the facts within my knowledge, to save The
life OF my brother John. But the Legislature de-
MED to John the reprleve he asked, and again be-
came the prey:ot remorse.
Although since my conversation with Mr.. Ma
thewson, (who laughed at my fears and assured
me that could not again be arrested and tried,)
had not, as was previously the case been deferred
from speaking freely, by dread of bringing rpon
myself another prosecution, do not recoect that
again mentioned the fact of my having the gun
to any one, untl last Thursday. On that day, be-
ing at work in the shop with my employer, Patrick
Brennan, |, ref, cung the fate Of my brother
John, remarked To Mr. Brennan that il was hard
that John should be hung upon the proof against
him, when | had Nicholas gin in my keeping all
the while. Mr. Brennan immediately ASKED if it
was true that had toe gun aud on assuring him
IT was he reproved me very terms fol
having omitted to disclose the fact long ago,
and instantly went TO communicate the nteli-
gence to a neighbor. Mr. Lewis Devlin. In
a few minutes Mr.. Brennan returned, accompa-
nledAy Mr. Devl,n, when they que st cned me par
tcularly about The facts ard my narratlno
them substantially as here given, they united in
denouncing my conduct as highly cdipaclr, bur
finally admitted that as it seemed | had believed
raueel EahIa To- be, auaI tried LII nv