Year: 1861

clean shaved, and hair cut short Could
not swear positively, still had an impress
sion that he was the man. y


Proof was made of Fosters leaving N
Y, some months previous to the murder
letters and other written evidence were
produced of Fosters hand writing, which
was very peculiar. differing widely from
most mems cbirography. The hotel regis
ter was brought into court, and the name
OF samuel d. Nilsson, was found entered un-
der the date of the night of tie murder,
IN hand writing erdctly corresponding
acath that Of Fosters. The evidence was
all given on the side of the prosecution.
and lnlts connection seemed well calculated
to fssten upon the mind of the Justice,
and the spectators, the fact that lie was the
man, although it was all circumstartial.


The attorney for the prisoner, arose and
said to the court g May it please your
honor, we have one and only one witness to
bring IN this case, who. we feel sure is suf
fcent to clear my client from tie foul
charge that is attemf ted to be fastened
upon him, by those who for some cause or
other seem to have enmity against him,
and without further remark, desire the
sheriff to call Henry Aldridge." The
witness was duly called and sworn.


Lawyer.-Alr Aldridgs do you know
the prisoner?


'Yes, we'll"


g How long since you became acquainted
with him, and where did you first meet
! him Z"


In the fall of 1857, / started from
Vermont for the West, and I think it was
on the first day of September, I met the
| accused on steamer at Buffalo n. Y,
and as is usual with travellers, | made sew
eral acquaintance among whom was Mr.
Foster. In the course of conversation. we
learned that each was in search of land,
and as the financial difficulties had lust
began to press heavily upon the West, we
| thought we could do we'll with what little
money we had to go to Illinois, and agreed
to travel together, and try our fortunes.
We went to various parts of the state of
Illinois, and passed into Iowa, at Dubuque,
went Yves: to Fort Dodge, and down the
Des Moines Valley to Fort Des Moines
and across to Council Bluffs, not being
suited, we went down the Missouri River
and went into Kansas, and back North
again into Nebraska, where we spent most
Of the winter. II wards spring we went
to St. Louis, and engaged for trip to
New Orleans, as first aud second mates,
on the steamer San Juan, which caught
fire, as you will perhaps recolect, near
Memphis, and burned up. We then con-
cluded to come up the river, and crossed
Illinois, stopping at various places to sell
some maps of the United States, that we
had bought for the purpose of paying our
way from the profits of their sales On
the 4th of July 1858, We arrived in this
county, and Foster was SO well pleased
with the country, lie said we would settle
here. | was not as well pleased as he was,
but told him we would put our means to-
gether and he might buy, but that / would
not have my name known in the matter,
so left money with him and departed for
time, and onl ly a few weeks since came
back here, as some present will remember
This IS all | know of the matter"


BY all tie questioning and cross CUES
tloning. no discrepancy could be found TO
exist; firm as rock, clear and distinct in
his statements, he was self possessed in
his manners. The case was argued strong
ly On both sides: it was peculiar one,
and as each attorney SPOKE, the hopes and
fears Of the prisoner seemed to rise and
fall. The justice sat with his elbow upon
the table, aud his head resting upon his
hand, whilst each lawyer plead his side of
the case, giving no sign by which either
could judge of the verdict of the court
prematurely.


The arguments were ended !; for mo-
ment silence reigned, when the justice
slowly raised his head from his hand and
said: " Gentlemen this is peculiar case;
circumstancial evidence so strong as scarce
ly to admit of doubt of the guilt of the
prisoner, on the one side, and positive evi-
dence from one man Of an dliti on the
other" For moment all was silent and
the suspense Of the crowd was almost un-
bearable; at last. however, The justice
said:


" Mr. Sheriff take charge of the prison
er and deliver him to the jailor of this
county, to await his trial at the next term
Of the District Court, to be held in about
six weeks, and you Mr., Allridge must give
bonds for six hundred dollars for your ap-
peararce at said District Court, as witness
in this case the sheriff will take charge
of you for twenty-four hours, and give You
all the opportunity possible to get your
sureities, in default Of which, you will be
committed with the prisoner"


The court adjourned; twenty-four hours
passed away, and the witness could fnd no
security; commitments were made out,
and the prisoners were put in charge Of
the Ja:lor; leaving an indefinite dissatis
faction on the minds of the people


Time passed on; the subject became
noted. and men took sides to such an ex-
tent that the excitement spread through
the country, and even farther still, and by
the time Of the sitting of the District Court,
hundreds had arranged their matters so as
to be able to attend during the murder
trial


At the proper time court opened. and
all the prelininaries were through with
The Grand Jury found a ''true bill'' against
Foster; the case in due time was called
and both parties expressed readiness to
c,o n trial Now came tho liffcuItiac. ~