The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1872-02-06
THE SIS.
TUESDAY MORNING, FEB. 6, 1879.
The Jersey "Lear" Case.

VFENiNG OF THE TRIAL AT NEW BRUINS
wICK-A CROWDED COURT, A sINGULA
SCENE AND A STRANGE sToRY-OLD MI
WHITEHEAD ON THE sTAND-"JIM' BAX
TER PLEADS GUMTY-T TAKES THREl
MEN AND A TRUMPET TO EXTRACT TIL
VENERABLE "sAM's" STATEMENT.
[From the New York Herald, January 81
As indicated in yesterdays Herald the tria
of Mr.. and Mrs. Yates and Mr.. and Mrs
Willets, for alleged conspiracy to murder tb
venerable parent of the two ladies, Mr.. Sam
ual Whitehead, of Washington, South River
New Brunswick, all the important bearing
of which have already been elaborated upol
in these columns commenced yesterday il
the Middlesex oyer and terminer, befor
Judge Scudder and full bench. Owing T.
the indisposition of Mr.. Whitehead the hear
ing of the case was postponed from the morn
ing till O'Clock in the afternoon. In tn
meantime James Baxter, the alleged suborn
ed attempted murderer, was brought int
court to plead to the indictment. He plead
ed guilty. Baxter is stout, firmly bull
man, with dark, sunken eyes, and altogethe
decidedly unprepossessing. Pending the af
ternoon session he was remanded. He will
be used as states evidence. At 2 o'clock tn,
court again convened, the court room beins
densely crowded. Among the assemblaget
were many well-dressed ladies', and the deep.
est interest was manifested in the proceed.
ings. The Willetts, and the Yates were
present with their counsel, Woodbridge,
Strong and c. Parker. The defendants were
also attended by quite party of lady friends
including the mother and sister of Mrs. Will
lets. As on previous appearances in court
the ladies were dressed richly and elegantly
but not showily.
The prosecution was opened by Prosecutor
Schenck. Associated with him is ex-Chan.
cellor Williamson. A jury was quickly OBJ.
tained. Only three persons out of the pane
were challenged. Mr.. Schenck opened the
case then by saying that it would be proved
that Samuel Whitehead was in the brick busi-
ness in 1870, and that Messrs. Willetts and
Yates were his partners. Willetts resided on
Division avenne and Clymer street, in Brook
lyn. James Baxter was man employed as
an assistant in the yard, but his particular
duty was to take charge of old Mr.. White
head. The dwelling of Mr.. Whitehead was
far removed from any other. Early in July,
1870, Mr.. Willetts and wife and Mrs. Yate:
and Baxter were at a picnic, and upon theil
return home Baxter was told he need moi
work next day. While Baxter was in the
room of Mrs. Yates that day Mr.. Willetts and
wife came in.
Willets wished that her old man was out O.
the way, and then he could conduct the busi-
nees to suit himself Mrs. Willetts also said
the same, and remarked that she would not
begrudge large sum of money. DIR. Thomp-
son pronounced it safe for Mrs. Wiletts tC
frou Oh, hasr. fhav, IN nlsa -
health. The whole party left for Williams
burg, leaving Baxter and old Mr.. Whitehead
at home. The Monday following Mr.. Will
let's and Mrs. Yates returned to Washington
Soon after telegram was received summon
ing them again to Williamsburg. Before
they lett plan was agreed upon for the
burning of the old man. This plan was, that
after the burning was successfully accomplish
ed Baxter was to go to New Brunswick and
telegraph to the party at Williamsburg. On
the evening of this day he carried the design
into effect. During the afternoon old Mr..
Whitehead inquired for Mrs. Yates, and he
wife and Mrs. Yates came home the next day.
Baxter was then asked to kill Whitehead by
administering to him strychnine. After
death Baxter was to carry the body to the eel
lar and throw it down in the well, and White
heads death would be looked upon as an ac-
cident. This Baxter refused to do, saying
that he could not get the poison at New
Brunswick. 1t was next agreed that Baxter
should go to the loft in the barn, and when
the old man came out he was to entice him
up to the same place, and when his head
came above the floor Baxter was to strike
him upon the head with psece of iron and
knock him to the floor below. This they
thought would be attributed to an accident
The next plan by which it was conspired to
put the old man out of the way was to shoot
him, and for this purpose pistol was given
Baxter. Baxter becoming afraid left Wash
ington without accomplishing the shooting,
taking the pistol with him. He went to Belle
vile, near Newark, assumed the name of
George Smith and went to work upon the
roads. Being unable to read or write he
procured friend who could, and through
his amanuensis wrote to Mr.. Yates Respon-
ses came in the form of three letters.
These letters, the prosecutor said, strongly
pointed to the guilt of the defendants. At
Belleville Baxter was visited by Yates, whose
object was to get the pistol from Baxter, in
whose possession it still was. The letters re-
ferred to were for Baxter to come to Division
avenue and Clymer street; he was to come at
night, when no one could see him, and he
was to enter the house by private entrance.
One letter came from Mr.. Yates, and the 9TH
er two from Mrs. Willetts. Baxter made dis
closures to the man for whom he worked,
and this man wrote to Charles Whitehead,
under the name of George Smith, which he
had assumed; but Mr.. Whitehead took no
heed until the name of James Baxter was
signed. An appointment in New York fol
lowed, and the result of what followed il
known by this trial.
Mr.. Yates denied that he was at Belleville
He dyed his whiskers and wore eyeglasses
but he has been identified as the one who Wis.
tied Baxter at Belleville.
Mr.. Willetts has endeavored to keep the
the witnesses for the prosecution away. The
motive for the crime, Mr.. Schenck contended
would be referred to during the trial, and the
guilt of the defendants clearly established.
The examination of witnesses was then
commenced. The first one called was the
venerable Whitehead. He being very deaf
an ear trumpet was brought into requisition
Besides the counsel it took three persons
Clerk Holcombe, Court Crier Convery and &
Henry Gordon-to extract the old mans evi
dence.
He testified that he was seventy-eight
years of age in May; resided in Washington
in the house; Yates and wife and Wiletts
besides servants, resided with him in 1870
Jim Baxter was a servant about the house al
the time; Mr.. Willetts used to come to hi
house once or twice week; he was engaged
in the manufacture of brick, Willetts anC
Yates being associated with him; his farm
contained 100 acres and upon this the dwelling
house was situated; ON the day of the fire
William Yates and wife were at Williamsburg
at the house of Willetts; Willetts was not al
the house; went to bed on that evening at
o'clock; when he went to the house, Jim me
him.
AT this point defendants counsel raised OBJ
jections to the introduction of evidence affect
ing any one not on trial. The objection wa
overruled, but exception was taken.
The witness continued-Jim said everyon,
had gone away, and asked if any supper wa
wanted; Jim was told DO, and then White
head was asked if anything was wanted tt
drink; Jim gave him sweetened rum tt
drink; would not 60 to bed without light
got light and went up stairs; Jim theI
brought lot of whisky up, and it was yer,
strong; drank the whisky and went to bed
awoke at IL O'Clock and there was fire il
the room; saw Jim Hopping over the foo
on his hands and knees; tried to get out O
the door, but could not; did not see jim
again that night; saw the colored cir
down in the kitchen; after trying the doc
of the room where the fire was witness go
through the window out on the piazza on tn
south side; the sash fell upon him at tn
hip, and before he could raise it he was burn
ed about the legs; soon after upon the roo
he yelled "FireP' and after while came on
to his assistance and took him to the kitchen
Jim was carrying out Mrs. Yates's children
for fear that they would be burned to death
he (Whitehead) expected to be burned Il
death; physicians attended him on accoun
Of the burns received; Mrs. Yates returned
on Friday night; couldn't tell when Yate
returned; it must have been day OF Two