A. He could; and he stopped the instant Austin stepped off the side walk.

Gore. Where would Mr. Selfridge's course have carried him, had he pursued it?

A. To the corner of Congress-street.

Att. Gen. How many people were there on the Exchange? A. I cannot tell; as many as usual.

Att. Gen. Were there any between you and the parties?

A. There were.

Att. Gen. Was any one between Selfridge and Austin, when the latter left the side walk?

A.

There were some on the side walk with Austin, and he passed between two gentlemen as he stept off into the street, The place where they met was nearly in a direct line from Mr. Townsend's shop to the northeast corner of the old State house. Att. Gen. How far from that corner?

A. About thirty of my paces.

Att. Gen. How far from the shop?

A. About seventeen paces.

Gore. When the deceased went off from the side walk, with his cane up, in the manner you have described, did any person attempt to stop him?

A. No.

Foreman. If Mr. Selfridge had pursued the course he was taking, and the deceased had stood still, what would have been the distance between them, when abreast of each other?

A. Ten or twelve feet. I think Mr. Selfridge would have passed within three or four feet of the side walk in front of the shop, which is seven feet wide.

Att. Gen. Did the defendant incline towards the shop?

A. He inclined towards the south side of the street, keeping a straight course until he was attacked.

Gore. Was any one between the defendant and the deceased, so that the defendant could not have seen the deceased before he had stept off the side walk?

A. There were two gentlemen standing on the edge of the side walk, between whom the deceased passed, but I do not know whether they so covered the deceased that the defendant could not see him, until he had passed by them.

Zadock French-sworn.

Gore. Please to relate to the Court and Jury what you know concerning this cause.

A. About one o'clock on the 4th of August I was going up State-street, and when near Mr. Townsend's shop, I heard a person say there was to be a scuffle. I recollected the piece in the news-paper, and stopped. The same person said, there's Selfridge.

I looked up and saw him coming round the N. E. corner of the old State House. I made this observation; they were pretty equally matched. He walked very deliberately with his hand behind him or under his coat. His course was towards the Branch Bank. When opposite to me, he was a little south of the middle of the street. All at once he turned or wheeled towards me-at the same instant Austin stept off from the brick pavement and walked with a very quick step towards him having his cane raised; he made towards him as a man would rush upon a wild beast; Selfridge, as he turned towards me, presented a pistol, as if to defend himself.-It appeared to me that Austin's breast went against the muzzle of the pistol-Austin struck the defendant a blow on the head, and the pistol was fired at the same instant.

Dexter. Was the blow a heavy one?

A. It appeared to me so.

Parker J. Was the pistol held out, before you saw Austin advancing towards the defendant ?

A. I think it was not.

Parker J. Did the defendant advance towards the deceased after he turned?

A. No, he stepped one foot back, as if to put himself in a posture of defence.

Att. Gen. Were there many people on 'Change?

A. There were a good many, but they stood chiefly lower down the street.

Att. Gen. Did you hear Selfridge say any thing after the fact?. A. When people cried out, who is the damned rascal, who did it? Mr. Selfridge said, "I am the man."

Gore. Did you see Mr. Selfridge attempt to wrest the cane from the deceased?

A. He took hold of the cane after firing the pistol, but Mr. Austin retook it, apparently with great ease.

Gore. At what distance would Mr. Selfridge have been from Mr. Austin in passing by, if the latter had kept his situation, and Mr Selfridge pursued the course he was going?

A. I should think fifteen or twenty feet.

Gore. How far from the side walk did they meet?

A. About the same distance.

Gore. Were there any persons between Austin and Selfridge when the latter came in sight?

A. I believe there were none.

Gore. When Austin was going towards the defendant, was his cane raised?

A. The end which he had hold of was even with his hip, the other end was elevated about to the height of his shoulder.

Foreman. Was Mr. Austin standing next the wall, or at the edge of the side walk?

T

I cannot tell. Not knowing Mr. Austin, I did not observe him until I saw him step from the side-walk.

Dexter. When Mr. Selfridge wheeled towards you, was the deceased at that moment stepping towards him ?

A He was at the very moment.

Att. Gen. Did you see the pistol before it was fired?

A. I did.

Att. Gen. Did any time pass from Selfridge's taking out the pistol, and his firing it?Did he come to a rest?

A. The whole was instantaneous-I saw nothing like coming to

3 rest.

The Court was then adjourned to Wednesday morning, nine o'clock.

Wednesday Morning, 9 o'clock. The Court opened pursuant to adjournment. Evidence in the defence continued.

Richard Edwards-Sworn.

Gore. Please to relate what you saw, &c.

A. As I was passing in State-street a little past one o'clock, I saw Mr. Benjamin Austin going down the street-heard some one say there would be some scuffling.-Standing with Mr. French near Mr. Townsend's shop, I saw Mr. Selfridge come round the northeast corner of the old State-house-He was passing slowly in a direction towards the Branch Bank-I pointed him out to Mr. French, who did not know him-In less than a minute a person passed quick from behind me towards the street, and brushed my arm as he passed me. This occasioned me to turn, and I saw the same person walking quickly towards the middle of the streetby the time I had turned he had got nearly to the middle, and I saw Mr. Selfridge immediately before him, with his arm extended, and a pistol in his hand. The person had a cane in his hand, and at the instant the pistol was discharged, I saw the cane elevated, but am not able to say whether it was descending to strike a blow, or recovering from striking one. After the pistol was discharged, the deceased struck several blows with the cane. Mr. Selfridge raised his arms, but whether to give blows, or to ward off those aimed at him, I am not able to say-The defendant retired to the side walk near me, and leaned against Mr. Townsend's shop, when the deceased fell.

Dexter. Was the first blow with the cane a very severe one? A. I think it was not so severe as some of those which were struck afterwards.

Dexter. Did the deceased move very quickly when going to wards Mr. Selfridge? A. I think he must.

Gore. Was the first blow which you saw struck, on the defen dant's head?

H

A. It was aimed at the left side of the head, and if it hit at all, must have struck that or the shoulder.

Gore. Have you any doubts that the deceased saw the pistol in the defendant's hand, before it was discharged?

A. It glistened so that I saw it very plainly-the deceased was nearly in the same direction from it that I was.

Att. Gen. Where was the defendant when you first saw him? A. He was walking slowly from the northeast corner of the old State-house, with his hands behind him.

Att. Gen.

A. I did
Att. Gen.

Did you see him take his hands from behind him? not.

How long was it after you saw him with his hands behind him before you saw the pistol in his hand?

A. Four or five seconds.

Att. Gen. Where was the deceased?

A. He was advancing very fast towards Mr. Selfridge, with his stick level with his shoulder. When the pistol was discharged, they were so nigh each other, that the stick might reach the defendant.

Att. Gen. Was the first blow as violent as those given afterwards?

A. I thought it was not.

Zadock French-called again.

Gore. After the pistol was fired, was there any thing like scuffling between the parties?

A. After the first blow was given, and the pistol discharged the deceased struck several blows, from three to five-Mr. Selfridge seemed to stand or pause, and finding the blows repeated, he struck at Mr. Austin with his pistol-Mr. Austin made a misstep, and sallied two or three paces down street-Mr. Selfridge threw the pistol at him, but it passed him without hitting him. Parker J. Had the pistol taken effect before the first blow was given ?

A. I did not think at that time that the pistol had taken any effect at all.

Gore. Did you see Mr. Selfridge attempt to take the cane from Mr. Austin?

A. After Mr. Austin had sallied, as I have mentioned, and returned, Mr. Selfridge lifted his hands, and seemed taking hold of the cane. Mr. Austin fell very soon.

Defendant. Did I not retire as I saw Mr. Austin faulter ?
A. You did.

Gore. When Mr. Selfridge had hold of the cane, did not Mr. Austin recover it out of his hands with

great ease

?

A. He did and fell with it in his hand; he took it with as much ease as a man would from a boy.

William Fales-Sworn.

Gore. Please to relate to the Court and Jury what you know relative to this transaction.

A. About half past nine o'clock in the morning of the fourth of August, I was walking in State-street, with a friend, and met Charles Austin-He asked us why we had not been to see him lately I went with him to his father's house, and tarried there until near eleven o'clock, when I left him at home, and went over to Charlestown. Returning a little before one o'clock, I again met the deceased in Court-street, and we went together into Concert-Hall, in company with two other young men who had joined

us.

One of these was a Mr. Prince, who appeared to be an officer of the navy. Prince and Austin were in conversation about a ball-They had something to drink, but I am not able to say what it was, not having tasted it myself We tarried but a short time, and Austin and myself left Prince at the hall, and walked up to Judge Donnison's, to see his son-About one o'clock we went down State-street, intending to visit a Mr. Dexter in Broad-street, whom we had engaged to call upon-When we had gone as far as Kilby-street, Austin said he would go no further, and we returned up State-street. Opposite Mr. Townsend's shop we met Mr Horatio Bass, with whom Austin conversed until the affray took place. When Austin left the side walk where we were standing, my back was toward the street. He moved very rapidly-When I turned round, I saw Mr. Selfridge standing with his face towards the Post-Office-Austin was opposite to him with his cane raised-I was greatly confused-I am not able to say whether a blow was actually given before the pistol was discharged or not. I did not see the pistol until it was thrown by the Defendant. After the pistol was fired, I was so much agitated and confused, that I apprehend I cannot relate any thing that passed correctly I did not see the Defendant's arm extended with the pistol-I saw Austin strike several blows, I think four or five-I cannot say whether the cane, when I first saw it, was descending to give a blow, or ascending after having given one.

Att. Gen. How far asunder were the parties when you first saw them after turning round?

A. I should think three or four feet.

Gore. Did you not go down State-street with the deceased at his desire?

We went together in consequence of our having engaged to call on Dexter.

Gore. What did the deceased say to you, while walking down with him, respecting his resenting insults offered to his father? A. He said that so long as he remained connected with the college, he could not, consistently with that connection, take any notice of the publication of that morning; but that after he left