Friday, June 27, 2014

The 1858 Murder Trial of Mortimer Seaver - Post 13: Testimony Ends, Closing Arguments, and Judge's Charge

I am transcribing a series of newspaper articles concerning the 1858 murder trial of Mortimer Seaver published in the Flint, Michigan Wolverine Citizen newspaper.  The series to date:

*  The 1858 Murder Trial of Mortimer Seaver - Post 1: Benjamin Phillips Testimony (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 1858 Murder Trial of Mortimer Seaver - Post 4: Testimony of 10 More Witnesses (13 June 2014)
*  The 1858 Murder Trial of Mortimer Seaver - Post 5: Testimony of the Victim's Wife (16 June 2014)
*  The 1858 Murder Trial of Mortimer Seaver - Post 6: More Testimony of Sarah Seaver (17 June 2014)

*  The 1858 Murder Trial of Mortimer Seaver - Post 7: Testimony From 11 Witnesses (18 June 2014)
*  The 1858 Murder Trial of Mortimer Seaver - Post 8: Prosecution Rests, Defense Starts (19 June 2014)
*  The 1858 Murder Trial of Mortimer Seaver - Post 9: Defense Testimony About Rifles and Balls (20 June 2013)
*  The 1858 Murder Trial of Mortimer Seaver - Post 10: More Defense Testimony (23 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 30 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, column 3, 30 January 1858, Wolverine Citizen [Flint, Mich.] newspaper]
[continued]

Defence Resumed

JEREMIAH R. SMITH, RECALLED

Heard the conversation which took place with Mrs. Seaver on Friday night; she said she took her work in the kitchen to watch some cooking, and took up a newspaper and her knitting; did not hear her say she had done a stitch of knitting; she said she saw Mortimer coming a few minutes after she sat down.  Witness knows Mrs. Seaver a great many years; is acquainted with her general reputation for truth and veracity in the neighborhood in which she resides thinks it good -- never heard it called in question.  Knows Alvah Kennedy; does not think his reputation for truth and veracity is very good; his neighbors do not believe him to be a person of veracity.

EBENEZER BISHOP, RECALLED

Knows Alvah Kennedy; lives within three miles of him; is acquainted with his general reputation for truth and veracity; it is bad.  Heard Mrs. Seaver tell of her taking her knitting, and newspaper, and watching her apples cooking, just before she saw Mortimer running up crying.

Cross-examined -- Thinks he is acquainted with Kennedy's reputation; had occasion to enquire into it; witness had a note sent to him of Kennedy's which was outlawed; had a law suit and trial on it, and beat him; has no feeling against him.

SILAS D. HALSEY

Testifies to the reputation of Mrs. Seaver for truth and veracity; it is good.  Knows the general reputation for truth and veracity of Alvah Kennedy; it is not very good; Knows him twenty years; lives half a mile from him; thinks he would believe him under oath; would believe Mrs. Seaver.

Defence here rested.

Witnesses to character, called at the request of Mr. Kennedy.

T.J. MC WAIN

Is not acquainted with the general reputation of Alvah Kennedy for truth and veracity in the neighborhood in which he resides.

JOHN BURRINGTON

Knows Alvah Kennedy a number of years; is acquainted with his general reputation for truth and veracity; it is not very good.

PORTER MC WAIN

Knows Alvah Kennedy about six years; lives one mile and a quarter from him; could not say what is his general reputation for truth and veracity.

All the testimony here closed, and the Court took a recess for an hour.

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We did not hear Mr. Wisner's address to the jury on behalf of his client; but are informed that it was a masterful and powerful appeal, working upon the feelings of his hearers even to tears; and affecting his prisoner, for the first and only time during the trial, so as to make it necessary for the Sheriff to assist him out of the Court Room.  Indeed, the entire defence, from first to last, was conducted with consummate ability.

?Mr. Davis spoke to evidence in a strong, candid argument.  His object seemed to be (as that of every public prosecutor ought to be on every occasion) not so much to procure a conviction, right or wrong, as to have justice done -- he was laboring, not to get a verdict whether the defendant be guilty or innocent, but to punish the criminal.

It is generally conceded that he has performed the duty which devolved upon him as Prosecuting Attorney in this case, with uncommon skill, industry and care; jealously guarding and asserting the rights of the People as prosecutors, without pertinacity upon points that might be doubtful.

The charge of Judge Turner occupied about twenty minutes, and exhibited the accustomed calm, impartial, concise, and admirable clearness, or instruction, which characterizes his Honor's manner of giving a case to the jury.

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Well - we have a murder (?) of a respected man, Aaron Seaver,  in Grand Blanc, Genesee County, Michigan.

The Defense rebuttal testimony was all about the truth and veracity of the accuser of Mortimer Seaver - Alvah Kennedy.  Not one witness sang his praises, but did think Mrs. Seaver had a reputation for truth and veracity.  It's unfortunate that the reporter missed the defense closing - it would have been interesting to hear how he summed up the case.  

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!!  The verdict of the jury is next!  We're almost done!

Copyright (c) 2014, Randall J. Seaver



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