college, neither T. O. Selfridge, nor any one else, should asperse his father or his connections with impunity, or words to that effect. Gore. What cane did the deceased usually carry?

A. A rattan.

Gore. Did you ever before see him with so large a one, as the one he had that day?

A. Not in town; but when he walked to Cambridge, he frequently carried one as large.

Att. Gen. What were the subjects of conversation at Concerthall, and with Mr. Bass?

A. The conversation at the Hall was respecting a ball, which was contemplated-He talked with Mr. Bass about his brother. Att. Gen. Did he seem agitated?

A. He did not he had a smile on his countenance.

Att. Gen. How old was he?

A.

About eighteen.

Att. Gen. Was he considered as a strong young man for his age?
A. He was tall, but not stout; he was not called strong.
Gore. Had he ever been taught to use a cane?

Gore. Did you hear him in the course of the morning, express any expectations of a rencountre? A. I did not.

Horatio Bass-Sworn.

Gore. Please to relate what you saw of this transaction.

A. On the fourth of August, as I was going from the Long Wharf to the Post-Office, I saw the deceased and Mr. Fales standing in front of Mr: Townsend's shop-I shook hands with Mr. Austin and had some conversation with him-soon after this, I saw Mr. Selfridge coming from the north side of the State-house, and Mr. Austin left me, and walked quickly towards him, with his cane lifted.-Selfridge took out his pistol, and shot at Austin-at the same instant Austin was striking Selfridge with his cane.

1

Gore. Which was first, the blow from the cane, or the dis charge of the pistol?

A. It is impossible for me to say.

Gore. What did Mr. Selfridge do, when he first saw Mr. Austin? A. When I first saw him, he was walking deliberately in a direction towards the Branch Bank, his hands hanging behind him, as I have observed him usually to walk; on seeing Mr. Austin, he faced round towards him.

Gore. Did the first blow hit Mr. Selfridge?

A. I cannot say. After the pistol was discharged, Mr. Austin struck three or four heavy blows, with the cane, and Mr. Selfridge struck two or three times with his pistol at Mr. Austin's face, but I cannot say that he hit him-Mr. Austin sallied, and Mr. Selfridge threw his pistol, which passed on the left side of Mr. Austin with qut hitting him.

Att. Gen. How long had you been acquainted with the deceased? A. I never spoke to him above once or twice before-I saw him the first time at his father's house, by whom I was introduced to him.

John Erving Sworn.

Gore. Where was you on the fourth of August?

A. I was at No. 1, Suffolk Buildings.

Gore. Please to relate what you saw.

A. I saw Charles Austin and Mr. Fales go down State-street, and very soon after saw them return-I observed Austin to have a stick much larger than he usually walked with-I called a young man from the adjoining room, and soon saw Austin with his cane raised, moving from the side pavement, at a quick pace, but not running, towards Mr. Selfridge, who had his left arm lifted as if to parry a blow he took a pistol from his right hand pocket and fired under his arm. The first blow and the firing of the pistoll seemed to be at the same instant, Austin made a second blowSelfridge held up his arm to defend his head, and threw his pistol at Austin. At the fourth blow Selfridge caught hold of the stick; Austin recovered it and fell immediately after.

Dexter. Were the blows heavy?

A. They were the first was a violent one--I do not know what part of Mr. Selfridge any of the blows hit.

William Schaffer-Sworn.

Gore. Did Mr. Charles Austin purchase a cane of you on the fourth of August.

A.

About a quarter past ten, he came into my shop, and picked out a cane-he bent it and asked me if it was a strong one, and would stand a good lick-I told him it would.

Gore. Of what wood was it made?

A. It was a good piece of hickory-heavy for hickory.-I told him it was as good one as I had in the shop.

[The stick was handed to the witness, and he declared it to be

the same he had sold Mr Charles Austin.]

Gore. What sticks had he usually bought of you?

A. He had usually bought small India joints.

Att. Gen. Did you never sell him any but India joints ?

A. Never.

Att. Gen. How long had you sold canes to him?

A. About six months.

Gore. How often had you sold canes to him?

A. As often as once a week, and always small bamboos.

Sol. Gen. Were there any larger sticks in the bundle?

$

A. There were. The one which Mr. Austin selected, was the second he took hold of.

Lewis Glover Sworn.

Gore. Please to relate what you know relative to this transaction.

A. I went into State-Street on the morning of the 4th August, expecting to see something take place. I was standing near the head of Congress-street, in State-street, when Mr. Selfridge came down from his office, in a direction which would have brought him to the Suffolk buildings; when he came opposite Mr. Townsend's shop, a young man stepped quickly off from the side-walk, with his cane lifted; Selfridge had his hands behind him, but suddenly turned; when the deceased came up to Mr. Selfridge, he struck him on his hat-the deceased stepped out very quick, raising his cane as he went along; while he was aiming the second blow, Selfridge presented a pistol and fired it; he afterwards threw away the pistol, while Austin continued striking him.

Parker J. Where was you standing during the transaction; had you a full view of the whole ?

A. I had. I stood at fifteen feet distance from the parties, and I kept my eye steadily upon them.

Parker J. Was there a blow struck before the pistol was fired? A. I am confident there was one blow before the pistol was discharged, and that it was a violent one, sufficient, I should believe, to knock a man down that had no hat on; Mr. Selfridge stepped back one pace, after he had turned, to take a position as it were to fire. Austin struck three or four blows afterwards before the blood issued from his mouth, and fell; I went to his assistance, and with the aid of Mr. Scollay I carried him into Mr. Townsend's shop. Doctor Danforth shortly after came in, and I held the deceased up, took off his neckhandkerchief and hat, and stripped his shirt down to find the wound; Dr. Danforth presently discovered that the person was dead.

Q. How far was you from the Defendant when he fired his pistol?

A. I was not further than from here to the Judge (about fifteen feet.)

Q. How far was you from the parties when the affray began ? A. About as far as from here to the corner window (about thirty feet.)

Gore. Did you go upon 'Change with the expectation of seeing an affray ?

A. I went there on purpose to see it, though I own I might have been better employed. I had observed old Mr. Austin to go three or four times up and down the street, and I followed him, expecting that a fracas would take place between him and Mr. Selfridge.

Att. Gen. Were there many people on 'Change at the time this transaction took place?

A. There were a good many about the Suffolk buildings and United States Branch Bank; there were not many near the spot; there were none between me and the parties.

Q. You say you saw Mr. Austin several times; did you see him after the fact?

A. I saw him several times between eleven and one o'clock-1 saw him go into Russell's Insurance Office a little before one: a few minutes after his son's death I saw him pass up the street. Q. Did you see Selfridge after the affray?

A.

I paid no attention to him, though I heard several persons call out to seize him.

Parker J. Were there any words before the blow was struck or the pistol went off?

A. I cannot say that there were any words spoken; if there were, I did not hear them; there was not time for many words-the thing was done instantaneously.

Gore. If any words were spoken, were you in such a situation that you I could have heard them?

A. I heard none, for I kept a reasonable distance.

Dexter desired the Sheriff to send for Selfridge's hat into Court. The hat being produced :

Parker J. Did you observe the hat was broken from the first blow?

A. I cannot say that I did; the whole was in a state of confusion.

John C. Warren-sworn.

Gore. Did you see the blow on Selfridge's head on the evening of the fourth of August?

A. I did. I was called on the evening of that day to visit him. I found a large contusion which he had received on his forehead, about the middle of it; it was three inches in length, two in breadth, and one in depth. It was in my opinion so serious a wound, that I thought it necessary to let blood, which was done that evening.

Q. Was the skin broken through? A. No, I think it was not, Dexter. Was the blow in such a situation on the forehead, that a man with his hat on could possibly have received it, except through his hat?

A. No, he could not; he must have received it through his hat. The skin was not broken, and it was impossible to say what would be the consequence if the hat had been off.

Dexter. If Mr. Selfridge had a hat on must the blow have been struck upon the hat?

A. Yes. The centre of the blow was about the turn of the forehead, part in front and part under the hair.

Dexter. I ask whether if such a blow, given on a man's head without a hat, would probably have fractured his skull?

Att. Gen. I object to this, and ask the Court whether it is proper to put a question for the opinion of a physician?

Parker J. A physician may, I think, be questioned as to the probable effect of a wound. I understand this to be the practice. Att. Gen. Is it not more proper for the Jury to draw from the facts what would be the consequence of the blow?

Gore. Every man cannot judge equally for want of anatomical knowledge.

Parker J. I think a physician may declare what in his judg ment would be the probable effect of a wound, but not as to the force of a blow.

Dexter. I will submit the fact to the Jury.

Lewis Glover-called again.

Parker J. Was the Defendant's hat on when the deceased struck the first blow?

A.

Yes.

Dexter. Did he strike directly upon the hat?

Dr. Warrencalled again.

A. He did.

Gore. Do you think the blow would have fractured his skull if the hat had been off?

A. I cannot say whether the blow would have fractured the skull or not. It was on a part of the skull that is very liable to be fractured, as the bone is thinner there than in any other part of the skull, and was the hat off it is not unlikely that it would have caused a fracture; but it is impossible to say what would have been the effect.

Parker J. Was the blow directly in the front of the forehead? A. About the middle of it.

Parker J. You say that the length of the wound was three inches, the breadth two, and the depth one do you mean by the depth, that the depth of the bruize was an inch below the surface of the skin?

.1. The surface of the skin on that part of the forehead where the blow was, is about a quarter of an inch from the bone, the swelling was perhaps more than half an inch; the depth therefore was from the surface of the swelling to the bone near an inch.

Parker J. There was then no wound, but a contusion only?
A. Yes, that is my idea.

Dexter. Was you acquainted with the Defendant at college? Was not you his class-mate? A. Yes.

Dexter. What was his habit then as to muscular strength and activity of body?

A. He was very feeble in muscular strength, more so than any young man of his size in the class, he must have been remarkably so, otherwise I should not have recollected the difference.

Dexter. Did he ever engage in any of the athletic exercises or amusements of the college.

A. Never as I recollect.