* The 1858 Trial of Mortimer Seaver - Post 1 (10 June 2014)
* The 1858 Murder Trial of Mortimer Seaver - Post 2: Jeremiah Slack's Testimony (11 June 2014)
* The 1858 Murder Trial of Mortimer Seaver - Post 3: Testimony of 4 More Witnesses (12 June 2014)
The article starts in the right-hand column of Page 1 above, continues on to most of Page 2, and then finishes in the 30 January 1858 edition of the newspaper on pages 1 and 2. The first page of the 23 January 1858 issue is at http://news.google.com/newspapers?nid=9AjqDp0R1qcC.
I am transcribing the articles in a series of blog posts - who knows how long this will take. I hope my readers enjoy it. Note that this is a reporter's summary of the trial, not the trial court transcript.
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[from page 2, columns 2-3, 23 January 1858, Wolverine Citizen [Flint, Mich.] newspaper]
[continued]
ALVAH KENNEDY RECALLED
Prisoner was the first person witness saw when he came to Mr. Seaver's house, between 2 and 3 o'clock. Prisoner said his father was shot. Heard his testimony before the Coroner's Jury; heard him say he went down there and saw his father dead; he said he went to the house and told his mother his father was dead, -- that he was shot.
Prisoner was asked how he knew his father was shot. He said the reason was, he heard the report of a gun when he was coming to the house to get a drink of water. He was asked why he didn't go where his father was, to get a drink from the jug. He said because he wanted a nail to fix his scythe. He was asked had he been out a hunting. He said he had not; that he hadn't had a gun in his hand that day. He was asked if he had heard guns fired around that day; and replied that he hadn't heard any near by only that one.
Cross-examined -- Prisoner said when he heard the report, he was at the bars near the house. He said that he had heard other guns fired, but they were not near at hand. Witness is the Complainant in this case.
Witness did not announce in the presence of Mr. Paul Davison and Mr. Parker, when going home from the school meeting in his District, that Mortimer Seaver was the person that killed his father.
TESTIMONY OF GERSHOM LEWIS
Lives in Grand Blanc, 1 1-2 to 2 miles from Seaver's. Recollects when Mr. Seaver was shot. Witness was on the jury of inquest. Saw the prisoner there; heard him testify. He was asked in regard to his laboring in the field with his father. He said he was laboring in one part of the field, and his father in another. Witness understood they were mowing. Prisoner said he got dry, and came to the house for a drink of water. He said that on his way to the house, while on a pair of bars between the field and house, he heard the report of a gun very loud. He was asked how far he supposed that report to be from where his father was; and answered, about twenty rods. He was asked if he looked around when he heard the report, to see if there was smoke or any thing to be seen, where the report came from. He answered he did not see or discover anything. When he said that he came to the house to get a drink of water, some of the jury asked him why he didn't go where his father was laboring, and drink out of the jug. He replied that he wanted to get a nail to fasten the nib of his scythe. He said he then went back to where his father was, to get the jug to take to the part of the field where he himself was laboring; that when he got back to where his father was, he found him dead; that he then returned to the house and told his mother that his father was shot. He said he commissioned the little girl to go over to Charles, and tell his father was shot. Witness thinks the question was asked the prisoner by one of the jury, whether he had disturbed his father, and he said he had not.
[Witness identified the bullet produced in Court, as the one taken from the body.]
TESTIMONY OF BENNAGER TUPPER
Witness resides in Grand Blanc. Had some acquaintance with the prisoner. Was at Mr. Seaver's house, on the day of his death. Was a member of the jury of inquest. Thinks it was on a Friday.
Witness keeps a store at Grand Blanc Centre, near the Post Office. Saw the prisoner there the night before the inquest. He had a rifle with him. Saw him load it there, and took some notice of it. Witness sold him 1-4 pound od powder, and a box of caps. Prisoner appeared to be in a great hurry. He asked me if I had any first rate powder; I told him I had; he said if I could recommend it to be first rate. I might weigh him a quarter of it; I told him I called it first rate quality of powder; he said if I could warrant it, that there was no mistake about it, he would take a quarter. I gave him the powder and caps, and he told me to charge them to Aaron Seaver. He then went out on the steps and loaded his rifle. I asked him if he shot pigeons with a rifle; he said, yes, he shot everything with a rifle. When he had loaded his rifle, he measured it with his fingers and said something to the effect that it was a heavy charge -- called it "a busting load," or some expression of that kind -- I do not remember his exact words. I noticed that the gun carried a smallish size ball; think the ball produced in Court is just about the size to fit the rifle. I asked him if he shot pigeons with a ball; he said, yes, he could take the head off every time. Heard him testify before the coroner's jury; witness's recollection of it agrees with that of Mr. Lewis. Prisoner was the first witness examined at the inquest.
He stated he was mowing in the same field with his father; he came up to the house to get a drink of water. [The remainder of this witness' testimony was a repetition of Mr. Lewis' evidence, with the addition that the prisoner saw no blood when he found his father dead; that none of the neighbors had had his rifle out that day; and that when asked if his father had enemies, he said he did not know as his father had an enemy in the world.]
Cross-examined -- Thinks it was about sundown, when the prisoner came to witness' store; the distance from there to Seaver's, by the road, is about three miles.
TESTIMONY OF SILAS D. HALSEY
Resides in Grand Blanc about two miles from Seaver's. Was one of the jury of inquest; heard prisoner sworn; he said he was on the second pair of bars from the house when he heard the report of the gun; he said the report seemed to be in a piece of woods south of him, and west of where his father was at work; he said on finding his father in the situation described, he immediately went to the house, and told his mother that father was dead -- as witness understood it. Prisoner said he did not touch the body; he did not say any thing about wanting a nail or nails, until asked about why he did not go to his father's jug to drink, instead of going to the house. [The rest of the testimony of Mr. Halsey was a repetition of that of the other jurors.]
Cross-examined -- It was about one o'clock when witness first saw prisoner; witness thought all the family seemed to feel bad over their loss -- the prisoner as well as the rest.
TESTIMONY OF JOSHUA R. ABBOTT
Resides in Grand Blanc. Was a juror on the inquest. When prisoner went to the house for a drink, he said he stayed there 10 or 15 minutes; prisoner said when he returned to the house he told his mother, his father was shot. When prisoner was asked what made him think his father was shot, he said he didn't know, unless it was hearing the report. It was when he was asked why he didn't go to his father's jug to get a drink, instead of going to the house, that he said he wanted something to fix his scythe. Witness impression is that the ball entered at the left side of the back bone, but in this he might be mistaken. [The remainder of Mr. Abbott's testimony was a repetition of that of the jurors who preceded him.]
TESTIMONY OF JOHN BURRINGTON
Resides in Grand Blanc. Was one of the jurors. Prisoner stated that he told at the house, when he returned there, that his father was shot. He said he thought him shot, because of hearing the report of a gun. [Mr. Burrington repeated the testimony of other jurors.]
TESTIMONY OF EDWARD SAWYER
Resides in Grand Blanc. Was a juror on the inquest. When prisoner was asked why he went to the hosue for a drink, his answer at first was rather indefinite; afterwards he said it was because he wanted to get a nail to fix his scythe. He was asked, why he went to where his father was to take the jug; he did not make any definite answer. He said he told hism other his father was shot. When asked how he knew his father was shot, he gave no other reason than that he heard a gun. He was asked if he could see his father from the bars where he said he heard the report; he answered, he did not know whether he could or not. Witness thinks the ball went in at the left side of the back bone. [In other respects, Mr. Sawyer went over the same evidence as the rest of the jurors.]
TESTIMONY OF SILAS SMITH
Lives in Grand Blanc. Was one of the jurors. Heard the prisoner testify. He said that about 11 o'clock he got dry, and went to the house got a drink. When asked why he went to the house, he replied that he wanted to get a nail to fix the nib of his scythe. When he went the second time to the house, he said he told his mother his father was dead -- as witness understands it.
Thinks the ball entered the body on the right side of the back bone. [In other respects Mr. Smith corroborated the evidence of the jurors previously examined.
Cross-examined -- Thinks that prisoner's statement was, that he said to his mother that his father was dead; that is witness' opinion.
TESTIMONY OF DAVID McWAIN
Another of the jurors of inquest, who testified to the general facts of the examination already reported. He heard prisoner say that he was at the house ten or fifteen minutes; and that he told his mother his father was shot. The ball entered to the right of the back bone. On his cross examination, witness located the first pair of bars about four rods from the house, and the second pair at the foot of the lane pasture.
TESTIMONY OF EDWARD PARSONS
Was one of the jurors. Prisoner said it was at the bars near the house he heard the report; that he stayed at the house fifteen minutes or more; that he told them at the house, his father was shot. Witness thinks the ball entered on the right. [The rest of Mr. Parsons' testimony does not vary from other jurors.]
TESTIMONY OF PORTER McWAIN
This witness testified to having heard the prisoner make the same statements as have been generally reported in the previous evidence. Heard prisoner say, when he found his father dead, he did not touch him, nor speak to him. He also stated that his father's hat was down over his eyes. Thinks he said that he told his mother his father was shot.
The Court here adjourned till 8 1-2 to-morrow.
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We have a murder (?) of a respected man, Aaron Seaver, in Grand Blanc, Genesee County, Michigan.
These ten witnesses were all jurors on the Coroner's inquest panel, and told essentially the same information. So many testified because there was no transcript of the inquest. There seem to be four significant issues about the prisoner's testimony - why did he go to the house for a drink, how did he know his father was shot, what did he tell his mother, and did he touch the body of his father.
I was curious about mowing with a scythe. The definition of "scythe" is:
I was curious about mowing with a scythe. The definition of "scythe" is:
"an agricultural implement consisting of a long, curving blade fastened at an angle to a handle, for cutting grass, grain, etc., by hand."
You can see a video of how to mow with a scythe in https://www.youtube.com/watch?v=YzdjOkLQw1s. It is hard work! Sharpening and peening the scythe is shown in https://www.youtube.com/watch?v=vn70UfJcULI.
Aaron Seaver (1793-1857) is a second cousin, six times removed to me. Our common ancestors are my 7th great-grandparents, Joseph Seaver (1672-1754) and Mary Read (1680-????).
Stay tuned -- to be continued on Monday!
The URL for this post is: http://www.geneamusings.com/2014/06/the-1858-murder-trial-of-mortimer_13.html
Copyright (c) 2014, Randall J. Seaver
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