Att. Gen. Before he went to College? A. Yes.

Att. Gen. How long? A. A Short time.

Gore. Was he not always a feeble and weak young man ?

A. As far as I have known him. I have heard him complain of his great weakness, and often express his fears that he should one day or other totally lose the use of his limbs.

Parker J. What was the general appearance of Mr. Selfridge as to strength ?

A. He was not called so stout or strong as many.

Parker J. Did he appear as stout and strong as people usually are of his age and make?

A. No. He was freed from military duty in consequence of his infirmity and weakness in his limbs.

Doctor Isaac Rand-Sworn.

Gore. Did you examine the appearance of Mr. Selfridge's head the night of the 4th of August last, after the accident of that day? A. Yes.

Gore. Will you please to relate the state and condition of it? A. I was in the evening requested by Dr. Jackson, to visit Mr. Selfridge. I found a large tumour on the left side of the head. It was almost two inches and a half long, one and a half wide, and considerably elevated. He appeared to labour under a considerable acceleration in the circulations-His pulse was hard and quick, so much so that I thought it necessary he should be bled. The oper ation took place. He said he should faint, the pain in his head was so very violent, he lay down, but immediately rose again, saying he could not lay. His countenance was flushed. The inflammation was so great that it was necessary to apply every method to alleviate it. I did not see him for a fortnight afterwards, the appearance of the wound was not gone, round the part where it was inflamed the discoloration remained, and the tumour was not totally dispersed.

Parker J. You say that a fortnight afterwards there were still visible marks of the blow?

A. Yes, very visible. There was a small fissure in a right line, and the blow not having broken the lower integuments of the head, the contusion was so much the greater: had the skin been broker, the effect on the brain might probably have been less.

Dexter. Had this blow been directly on the skin, would it not have torn the skin?

Att. Gen. Stop.

Parker J. It seems to me these are facts to argue from, and on which the jury will judge.

Dexter. If the blow had been given without the intervention of any substance, is it not highly probable that the skin would have been more lacerated?

A. Certainly from the appearance of the contusion, it is proba ble that such a blow might have fractured the skull.

Sol. Gen. Is it your opinion, that after a man has received a

mortal wound in the lungs, it would have left him the power of mus

cular action?

A. I believe that when there is an existing volition for a muscle to act, though a fatal wound be received, yet, that volition existing at the time, and exerting itself on the muscle, would take effect. The muscular power depends on the quantity of blood when a person is in health; if a diminution of the blood take place, the muscles will be less full, and less extended, their force and power therefore decreased, and as the pulmonary artery must have been injured, a great quantity of blood must have been discharged; by this the muscular strength must have been reduced: but as this would not operate on the arm till the blood left the muscles there, the blow might not have been impeded by the wound. If the volition was instantaneous or contemporaneous, the stroke would descend with the whole force of the blow; but if the blow was given three or four seconds after such diminution of blood, he could not have struck with such force.

Dexter. If the party was in the act of striking when he received the fatal shot, would the blow be equally forcible? A. Yes.

Dexter. But if it was a few seconds after it would be less powerful?

A. After the diminution of blood in the muscles, the blow would become weaker and weaker. A wound sometimes increases muscular action. I have seen persons spring up four or five feet after receiving a mortal wound.

Sol. Gen. Is not that the case of persons who are wounded in the heart?

A. There is such a sympathy between the heart and the other parts of the human system, that in general there is instant, death. So. Gen. Have you not known a person to be wounded in the lungs and yet recover?

I have known a part of one of the lobes to be taken off and yet the patient recover.

Sol. Gen. Might not the immediate cause of the death of Mr. Austin have been the bursting of a blood vessel in consequence of the wound? If so, might he not have given the blow with his full power?

A.

When a ball passes through a man, it is with such velocity as to cauterize the wound and prevent an instantaneous hæmorrage, so that it does not immediately diminish the muscular strength.

Dexter. Is it not supposed that gun shot wounds usually take place without much pain?. Yes.

Warren Dutton, Esq.-Sworn.

Gore. Did you see Mr. Selfridge walking down State street, on the morning of the 4th of August last? A. Yes.

Gore. Was it immediately preceding this rencontre ?

A. I presume not one minute before.

Gore. What was the position of his hands 2

A. I cannot recollect with certainty. It is in my mind, that they were either folded or behind him under his coat. The sun shone in his face, he had his hat over his eyes, and his arms as I think folded hehind him. I had hardly turned my eyes from him when I heard the pistol.

Lemuel Shaw, Esq.-Sworn.

Gore. Did you receive an execution from Mr. Selfridge after he was in prison?

A. Yes. I recollect that on Monday the 4th of August, after he was in prison, I inquired of him whether he had any services for me. He said Yes. I called on him the next morning and took from him a writ of possession in favour of Duncan Ingraham Esq. against Oliver Williams of Concord; and he requested me to deliver it to Mr. Ingraham.

Gore. Do you recollect the date of that writ of possession ?
A. No, I do not.

Sol. Gen. Did you see the Defendant on the fourth of August before the meeting between him and the deceased?

A. I occupied the same office with Mr. Selfridge. He came to town on that day from Medford, between nine and ten o'clock. He mentioned the subject of his controversy with Mr. Benjamin Austin. The chief that I heard was when Mr. Richardson was present. Being engaged in business, and having known the affair before, I did not pay much attention to the conversation at that time.

was a boy in the office at the time.

There

Sol. Gen. Did you see any pistol in the office that day ? A. I do not recollect seeing any that day. He had kept for many months before a pair of pistols in an open desk in the office. Gore. Did he usuaily carry pistols with him in riding to and from Medford ?

A. I do not know that fact, he usually set off for Medford after

sun set.

Att. Gen. Was you in the office when he went out to go on change? A. Yes.

Gore. Did you go with him?

A. No. I did not go till after I heard the report of the pistol. Gore. What was the form of the coat Mr. Selfridge had on, was it a fly coat, or a short one?

A. No, it was a common long coat?

Gore. Were the pockets behind?

A. I recollect there was a pocket inside, in which he usually kept his pocket-book, but whether there were other pockets, or whether they were out-side or in-side, I cannot say.

Gore. What is the usual manner of Mr. Selfridge's walking? Is it with his hands behind him?

Å I think he generally rests his hands in some way or other; either by folding them before or behind him, or supporting them in the arm-holes of his jacket.

Sot. Gen. Should you know one of those pistols, if it was shewn to you?

A. I think I should. They were steel barrels what are generally called screw-barrel pistols.

Sol. Gen. [Shewing the pistol which Mr. Selfridge had carried] Is that one of them?

A I think it is-I have no doubt it is one of the same-It is the same sort, but there may be many others of the same kind.

Dexter. Do you recollect this double guard? [shewing it]

A. Yes, I do. After hearing the pistol I ran out upon the exchange, and saw Mr. Selfridge. I observed a break in his hat, and saw something through it.

Gore. Was there any more than one pistol at a time in the desk, as you say he had two?

A. I do not know how it was generally.

Gore. Did you frequently see only one?

A I think I have. But I should not very distinctly know, for as the two cases are of woollen, and connected by a string, I should not easily know, unless I took up the cases, whether there were two, er there was only one.

Henry Cabot, Esq.-Sworn.

Gore. Had you any conversation with Mr. Selfridge on the morn ing of the 4th of August, on the subject of his controversy with Mr B. Austin? A. Yes.

Gore. Please to relate what he told you.

Att. Gen. I must object to evidence as to what the Defendant said to any person respecting this matter, before it took place, unless when his confessions are given in evidence against him, and then what he said at the same time may be inquired of, and shewn in his favour. But to produce his declarations in testimony as to what he said before the fact, to establish the quo animo, is not otherwise admissible.

Gore. I will then inquire only what Mr. Cabot told him; which I understand to have been to this effect: that he was that day to be attacked by some one who would be procured or hired to beat him.

Parker J. As the having a pistol, and conversations before the Defendant went on change have been shewn, I do not see but that the Defendant may now shew that it was necessary to put himself upon his guard.

A. In the morning before this affair took place, I notified him that he was to be attacked by a bully hired for the purpose. I drew this inference from a conversation with Mr. Welch.

Att. Gen. I have a motion to make, that this may be considered as a transaction from the 1st day of August, to the day of the affray, &c-it is in writing, and I shall use it bye and bye.

Gore. If you will connect it with what passed in July, I have no objection.

K

Att. Gen. I cannot say that I can do that, as I have no Knowledge of any transactions in July being connected with that of the 4th of August. But if there be any connexion I have no objection to going back to January.

Parker J. If the evidence offered be as to any information given to the Defendant, of his being about to be attacked, so far as it is necessary to go back for that purpose, I see no impropriety in it. But I cannot permit improper testimony to be given, though it be agreed to by the parties.

Att. Gen. Can we not ask questions, in order to shew that the Defendant did not believe this was a reality?

Parker J. Yes. But as to going back, I do not see where the counsel mean to limit their inquiries. However, it is unnecessary to decide now, how far they may go back. The information of an intended attack, though previous to the affiay, may, I think be received.

Alt. Gen.

How came you by your knowledge ?

A. From a conversation with Mr. Welch in the morning. He informed me that Mr. Austin, senior, had said to him that he would have no personal altercation with Mr. Selfridge, but that some one would take him in hand, who was able to handle him. The idea conveyed to me was, that he did not think himself able to contend with Mr. Selfridge, but that he would procure some body nearer his match, or one who was able to cope with him.

Parker J. And this you informed Mr. Selfridge of ?

A.

Yes, I did.

When I told him he was to be attacked by some one, I thought it would be some bully, from my having seen, as I came down the street, a stout, athletic person with a horsewhip in his hand, standing near Mr. Selfridge's office. I mentioned this te Mr. Selfridge, but he said there was no danger of that man, as he was a client of his.

Att. Gen.

What did Mr. Selfridge say to this?

A. I do not recollect the expression exactly; but he bowed his head and gave me to understand, that he knew what was to happen, or had been previously notified, or was ready, or thing to that effect; I do not recollect the words he used.

John Brooks-Sworn.

some

in State-Street on the 4th day of August last.

Gore. Did you see this affray ? A. A part of it.

Gore. What part? A. Nothing 'till after the pistol was fired. Gore. Did you see Mr. Selfridge before that going down towards the exchange? A. Yes, I did.

Gore. How was he walking ?

A. Slowly and with his hands hanging loosely behind him, outside of his coat.

Parker J. Did you see his hands? A. I did.