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Dexter. Do you know of his having lost the use of his limbs, while you was there, by a fit of sickness ?
A. No, I have no knowledge of it.
Dexter. Have you known what was the situation of the wound of which Mr. Austin died ?
A. I have heard my father describe it.
Dexter. I wish to know whether a man having received such a wound which caused his death within five or six minutes, could have sufficient muscular strength to have struck a blow to produce auch a wound as that on Mr. Selfridge's forehead, through a thick hat ?
Att. Gen. That is a complex question, and is to be decided rather by opinion than by matter of fact. It contains a perfect argument.
Att. Gen. After a shot had perforated the left lobe of the lungs, would it be possible to give a stronger blow instantly after the wound received than the person could have given before ?
Parker J. Is this not the same question that was asked Dr, Danforth ? all these things are conjectural, and the Jury had better infer them from facts proved.
Gore. Have you got the hat Mr. Selfridge wore on the fourth of August ? A. Yes.
Q. When did you receive the hat ? : A. From Mr. Selfridge in prison. Gore. (producing the hat.) Is that the hat he had on when the affray took place ?
A. I presume it is ; it has a very similar appearance. When he çame into my house the crown was raised up, and it was indented here, and it was broken here, (pointing to the front of it) on the edge of the crown in front, so as to see the lining through the aperture.
Gore. [Shewing the fracture of the hat on the fore part.] Is not that the fore part of the hat, as this leather (that on the hinder part] marks · the part of the hat that is worn behind ?
A. Yes, I think it is.
A. It was also on the back part, but I did not perceive it at the time. I noticed it when it was given to me.
Dexter. You saw the hat broken before Mr. Selfridge left the Exchange, and when he went into your house, did you not ?.
A. I saw the hat was broken before we left the street. When he went into my house I took the hat, examined it more particularly, and found it as I have described.
Dexter. Did he not go immediately from the Exchange into your house ? A. Yes, he did.
Gore. Be so good as to relate what you know of the whole transę action,
A. I was standing near 'the Fire and Marine Insurance Office, with my face down the street, when a pistol went off. On hearing the report, I heard some one exclaim, “ Selfridge has shot Austin." I was standing near the gutter looking down the street, and when I heard the pistol discharged, ran to the spot from whence the report came : as I was going to it, I saw the parties engaged. I did not then know it was Mr. Austin. Mr. Selfridge's hands were raised up ; but whether to strike or ward off blows I cannot say. When I got up to Mr. Townsend's shop, Mr. Austin had fallen. Mr. Selfridge was standing with his back towards the wall. Some of the people were about taking him. He spread open his arms, and said, four or five times, “ I am the man.” Gore. Did any body advise Mr. Selfridge to go off the exchange ?
A. Yes, I did. He declined it, and said he would not. I prevailed on him to go about ten paces, when Major Melvill came up to him, and said, that after committing such a deed he ought not to go off. He said he did not mean to : but after some persuasion, I induced him to move a little, but very reluctantly, and when he was as much as ten or eleven feet from the place, he said he would not go away, but would go to my house, and in making that declaration he went off.,
Gore. Did Mr. Selfridge desire any one to go to the officers of justice, and inform them where he was to be found ?
A. Yes, he did desire some one or other to say that he was gone to my house, and particularly to tell Mr. Bell, the Deputy Sheriff, to come to him. A little before I heard the report of the pistol, I saw Mr. Austin standing with two other young gentlemen, near the door of Mr. Townsend's shop. It was almost a quarter of an hoor before,
Sol. Geu, Did Mr. Selfridge appear much agitated when you were endeavouring to persuade him to go off ?
A. When I observed to him that he was agitated, he said, “ not so much as you are."
Sol. Gen. Did he make use of this observațion, that he knew what he had done ?
A. Yes, I believe those were the very words. Sol. Gen, When Mr. Selfridge sent the message to inform Mr, Bell where he was to be found, did you understand the reason of that to have been on account of an engagement to dine ?
A. No, I did not so understand at the time. Mr. Selfridge was engaged to dine at Julian's that day with Mr. Bell, as I have since heard.
Sol. Gen. Was the message respecting that engagement ?
1. I believe he did ; a number of officers came, Hartshorn and others.
Sol. Gen. Is the hat in the same state, as it was when you first, saw it ?
A. No texactly. The top part that is broken, is the same. But the part of the hat that was indented on the fore side then, does not appear so now.
Gore. Did not Mr. Selfridge desire that the people might be told that he was going to your house ? A. Yes, he did.
Duncan Ingraham, Esg.-Sworn.
Gore. Did you on the 4th of August, desire Mr. Selfridge 'mo sue out an execution in a suit he had brought for you?
A. No. It was on the Sunday evening before, on the third, that Mr. Selfridge was at my house in Medford. I desired him to get an execution for me at the clerk's office at Cambridge, on a judgment he had before obtaind for me. It was upon a mortgage of a house in Concord.
Att. Gen. Is this proper ?
Gore. I was going to shew the motive which induced Mr. Selo fridge to go on 'Change on the 4th of August ; that it was in consequence of an arrangement with Mr. Ingraham, that he went there with the execution in his pocket, and that Mr. Ingraham went there himself to receive it.
Parker, J. I think this evidence admissible. Proceed.
A. He promised to go to Cambridge for it, and it was agreed that he should give it me on 'Change the next day.
Dexter. Did you go upon the Exchange, to meet Mr. Selfridge there that day?
A. I went there twice to meet him, once before, and once after the accident.
Parker, J. Do you say it was agreed that Mr. Selfridge should meet you on the Exchange that day?
Ai Yes, it was so agreed, on Sunday night.
Gore. Did you send fome one the next day to the prison, to get the Execution ? A. No, I never got it, he sent it to an officer.
Att. Gen. Do you know that Mr. Selfridge did take out the execution on Monday morning ?
A. I know nothing about that. I know that when I went the next day to the office, the gentleman said it was there.
Parker, J. I believe that you had better prove this by another perfon.
Doctor James Jackfon--sworn. Gorr. Did you see Mr. Selfridge in prison on the evening of the . fourth of Auguft? A. Yes.
Gore. Did you examine the wound on his head ? A. Yes. · Gore. Describe it and the nature of it. . .
A. When I saw him it was almost fix o'clock in the evening, perhaps towards fun set, four or five hours after the accident. I ob. served a contusion on the forehead. It was about three inches long, near two wide, and elevated above the surface of the skin about half an inch ; near the centre the skin was broken, and it appeared to me to have been bleeding ; it was not bleeding when I saw it. He complained of great pain in his head generally, not only in the part where he had received the blow, but through the whole head.
Gere. Was he let blood ?
A. Yes he had also a blow on his arm, but it was not very corsiderable. Shortly after I thought in his particular situation, it might be important to have his condition stated, and that therefore other physicians should be called in.
Gore. Did you feel his pulse, was there any appearance of a fe. ver? A. Yes ; a considerable degree.
Parker J. Was the wound so high on the forehead, that if a hat had been on his head, the blow must have struck his hat ?
A. Yes; if he had a hat on, it would have covered the part where the blow was received. The highest part of the wound extended a little under the hair. It was oblique upon the front part of the forehead.
Gore. Was there not a question made at that time, whether the skull was or was not fractured ?
A. I do not recollect. When I say that, I do not mean that no one examined to ascertain what was the state of the skull. Gore. I mean whether it was not a subjeci of consultation ?
A. Every man examined for himself, and when they went away there was no doubt that it was not fractured.
Gore. What was the opinion of the physicians at that time, as to the probability of his skull being fractured ? .
Parker J.' That question was put before in another form, and negatived. I thought it improper. The facts relative to the · wound should go to the Jury, and the inferences be drawn by -them.
Dexter. Is not the human skull thinnest where the wound was ? 'd. Yes--though the centre of the wound was not exactly on the thinnest part of the skull—the wound covered the thinnest part.
Gore. Do you know any thing of the health and constitution of Mr. Selfridge ; are they uncommonly feeble ?
A. I have known him some years back, and I know they were very feeble. I have had occasion to know the state of Mr. Selfridge's health for several years past, having attended him professionally. I recollect his telling me about four years ago, that his muscular strength was very little that he was generally feeble from his having at some former period lost the use of his limbs, and that a boy of fifteen years of age could manage him. I considered therefore his strength in the prescriptions I ordered for him, and from the remarks I have made upon him, I consider his relation of his debility to be true ; his mode of walking and general manner of carrying his bödy, also satisfied me of the truth of his as. sertions.
Dexter. Did he not consult you about an apprehension he had of loosing the use of his limbs, and some fears he entertained of a very great general debility ?
A. He told me as I have mentioned, that he had lost the use of his limbs, but I do not recollect that he expressed any fear of the return of the complaint.
Gore. Did you see that evening the hat Mr. Selfridge wore on the day he was attacked
H. I saw a hat that was shewn to me as the one. Gore. (shewing the hat Does, this appear to you to be the hat? ai. It has the general appearance of being the same.
Parker J. I do not think that any further testimony is necessary about the hat. Mr, Ritchie's evidence appears to me to be fully sufficient.
A. Yes; I was sitting in the shop with my face towards the street. Gore. Where was Lane then ; what was his situation
. He was sitting within his shop with his back towards the inside door when the pistol went off..
Gore. You are positive as to this, that Lane was within the shop ?
A. : Yes, I am. The door that leads from the street, leads into Mr. Lane's house. There is a partition with a door that leads into the shop. He was sitting within the shop ; his back was against the door, and one side of him towards the street. When the pistol was heard, I said, “ Mr. Lane there is a report of a pistol.” He rose up, went to the door, and I' followed him.
Parker J. Are you sure that Lane did not rise up 'till after the report of the pistol
A. I am positive he did not till after the report. . Gore. Did Lane say any thing at the time? A. He made some exclamation about its being a pistol. w Gore. You say that you went out of Lane's shop with him what was the situation of the parties?
A. I followed Lane to the door, we went out almost at the very same time, I then saw Mr. Selfridge and another person near the middle of the street, between Mr. Lane's shop and Mr. Townsend's. Mr. Selfridge had his arms raised up to ward off the blows that Austin was giving. The blood was then gushing out of Mr. Austin's mouth. Mr. Selfridge retreated towards Mr. Townsend's shop. The crowd gathered around them, and Austin soon fell.
Gore. You say that Lane and you went out of the deor at the same time?
4. He was between me and the door, and I went out directly at his back. i John Brown--Sworn..
Gore. Did you live with Mr. Selfridge's father?
Gore. Did you know any thing of his losing the use of his limba in the early part of his life? . : A. He lost the use of them in a great measure.