Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1872-08-01


while I was in the bed; I also heard in the
room a sound as if some one was counting
money-like as if a payment of bills was be-
ing made; there were very few papers in the
book the leaves of my memorandum book
were too stiff to produce the sound l allude
to I did not see Cornwall put anything in
his pocket at that time; between three and
four o'clock in the morning Cornwall left the
room, and before he left the two detectives
had a whispering conversation saw no more
of Cornwall after that; l was taken to York
Vile, South Carolina, by Hester, and was not
allowed to come back to Canada; I was not
taken before Commissioner Caron, at Wind
sor, nor any other Canadian magistrate; I
certainly was taken across the lines out of
Canada against my will on that occasion by
Cornwall. At the end of the above witnesses
testimony, Mr.. Bartram asked for an adjourn
ment, as he had been taken completely by
surprise by the appearance Of DR.. Bratton
here. He desired an adjournment in order
that he might prepare the defence.
Mr.. Barker replied that he never was asked
if Bratton was not coming.
The Court replied that the case was post
poned until Bratton should arrive, and as he
was present he could not see the necessity for
an adjournment.
Mr.. Barker-At the outset of the case, the
defendants counsel (Mr. Bartram) desired to
have DR.. Bratton here 80 that he might prove
his clients innocence.
The Court-Let the case proceed.
Cross-examined by Mr.. Bartram-I came
first to London about the 22nd of May l did
not come here under my own name, but un-
der that of Simpson, for prudential reasons.
Witness here declined to state the reasons
unless ordered by the court, which the latter
did not press.
Continued-I was charged with an indicta-
bic ofense, and changed my name so as to
avoid arrest remained at the Revere House
here few days, and walked out night and
morning when the weather was favorable
I did not hide in the house; when Cornwall
arrested me, he said he did so under war
rant !; then demanded that he should read it
and show his authority; he refused, and
grasped me round the throat; I resisted and
endeavored to strike him with cane and
choke him he was the strongest, however,
and mastered me; he had one hand cuff on
me when he summoned the cabman to assist
him; the latter assisted Cornwall by holding
my arms; I then told the cabman to 60 and
get person that was acquainted with he
replied he could not, as he had to obey Corn
wall the cabman walked to the cab on my
left side and Cornwall on the right having
hold of my arm; did not notice any person
on the common while the scufHe was gong on
except woman and two children on the
northern part of the green Cornwall did not
read the warrant to me until we we're on
Richmond street; it purported to be war
rant 81 gned by Mr.. Caron at Windsor; the
name on the warrant was James VIM. Avery
I told him I could give him every satisfaction
that was not the person, and he said it was
not for him to discriminate; he also replied
that at the proper time there would be per.
son able to testify as to witness identity l
never saw Avery either in London or Cana
da; when we were riding down Richmond
street. Cornwall said to witness, "I know you
are Avery, because I saw you walking down
street with your daughter the other day."
told Cornwall to let me see Mazyck before
went away and he refused me; wished to 60
before a Canadian magistrate, and conse'
quently yielded the more readily to the ar
rest; Cornwall gave me no reason why he
would not take me to my boarding house
after we drove south of the track, Cornwall
told me the train was behind time; don't re-
member Cornwall telling me that he had not
time to 60 my boarding house; when we went
into the car Cornwall said to the conductor
we will 60 into the parlor, and when we had
been in there few minutes, the train moved
off; Cornwall told me, in reply to question,
that we ought to reach Windsor by 10 o'clock
since myarrest have thought that the place
where weJstayed some length Of time was
Windsor at that time asked Cornwall why
we stayed so long here, and he replied that he
reckoned something was wrong; no one that
heard called Windsor, and we stopped at the
place twenty minutes or 80 | swear positively
that I did not know was crossing over the
Detroit river I had no idea but that would
be taken to Windsor, according to promise
I did not hold conversation with any one on
the train except Cornwall when I reached
Detriot I asked the conductor if this was
Windsor, and he replied in gruA, indifferent
manner, "I believe it Isl" I then said "you
must be q curious conductor that can't tell
positively whether this is Detroit or Windsor; y
then appealed to three or four parties who
were standing close by, whether was in De,
troit or Windsor, and they all assured me l
was in Detroit; the person who was to identi-
fly me in Windsor as Avery, knows both him
and T perfectly we'll the cabman took hold
of me by the arms and held me until Cornwall
put the handouts on, but did not after 1 got
up; made no effort to get out at Windsor
from the fact that did not know l was in
Windsor.
To Mr.. Barker-The person who was said
to be able to identify me has not been called
to give evidence against me ; l did not object
to 20 to Windsor, but desired to be tried by
Canadian authorities.
Chas. Hutchinson, sworn-Cornwall is not
a constable of the county Of Middlesex, nor
was he on the 4th of June.
E. NJ. Moore sworn, and testified that Hes
ter, whose appearance he had heard DR.. Brat.
ton describe, boarded at the Tecumseh Hotel
from the latter end of April until the 9th day
of June.
John Ready, one of the cabman, sworn and
testified to being hired by Hester the night
previous, and was also told by that gentleman
that he would be required the next afternoon
by four o'clock, ifavailable.
Mr.. Barker-That's the case, your honor.
Mr.. Bartram asked for an adjournment
until morning, in order that he might have
time to prepare the defence.
The Court adjourned at $50, until II o'clock
this morning.
The adjourned investigation of the charge
against Isaac Bell Cornwall for kidnapping