Report of the trial of Levi Weeks, on an indictment for the murder of Gulielma Sands, on Monday the thirty-first day of April, 1800. / Taken in short hand by the clerk of the court.

TRIAL, &c. MONDAY, MARCH 31.

THE Court assembled at 10 o'clock in the forenoon, and proclamation having been made in the usual form, the prisoner was put to the Bar.

The Pannel was then called, and thirty-four Jurors appeared and answered to their names. The Clerk then addressed the prisoner, "Levi Weeks, prisoner at the bar, hold up your right hand, and hearken to what is said to you.—These good men who have been last called, and who do now appear, are those who are to pass between the People of the State of New-York, and you, upon your Trial of Life and Death▪ If, therefore, you will challenge them, or ei|ther of them, your time to challenge is, as they come to the book to be sworn, and before they are sworn, and you will be heard."

The Clerk then proceeded to call the Jury from the Pannel, and the first having come up, and being desired to place his hand upon the book, he ad|dressed himself to the Juror and the Prisoner; "Ju|ror, look upon the Prisoner; Prisoner, look upon the Juror—and administered the following Oath: "You shall well and truly try, and true deliverance make, between the People of the State of New-York, and Levi Weeks the prisoner at the bar, whom you shall have in charge, and a true verdict give accord|ing

to evidence, so help you God." All the Quakers upon the Pannel, excepting James Hunt, as they were called, came up to the Court and requested to be excused from serving on the Jury, as they had scruples of conscience which prohibited them from sitting to determine on a case of life and death—and the court excused them accordingly.

The prisoner challenged eleven of the Jurors, who were set aside of course; the Assistant Attorney Gen|eral also challenged one for some expressions which he had been informed had dropt from him, but finding it could not be supported, he gave it up.

JURORS SWORN.

• Garrit Storm,
• Simon Schermerhorn,
• Robert Lylburn,
• George Scriba,
• Richard Ellis,
• James Hunt,
• John Rathbone,
• William Wilson,
• Wm. G. Miller,
• Samuel Ward,
• William Walton,
• Jasper Ward.

The Clerk then addressed the Jury, "Gentlemen of the Jury, the prisoner at the bar, stands Indicted in the words following, to wit.

City and County of New-York, ss.

THE Jurors of the people of the State of New-York, in and for the city and county of New-York, on their Oath present, that LEVI WEEKS, late of the seventh ward, of the city of New-York, in the county of New-York, la|bourer, not having the fear of God before his eyes, but being mov|ed and seduced by the instigation of the devil, on the 22d day of December, in the year of our Lord 1799, with force and arms at the ward aforesaid, at the city and county aforesaid, in and upon one GULIELMA SANDS, in the Peace of God, and of the said people then and there being, feloniously, wilfully, and of his malice aforethought, did make an assault, and that the said Levi Weeks, then and there feloniously, wilfully, and of his malice a|forethought, did take the said Gulielma Sands into both the hands

of him the said Levi Weeks, and did then and there feloniously, wilfully, and of his malice aforethought, cast, throw, and push the said Gulielma Sands, into a certain Well there situate, wherein there then was a great quantity of water; by means of which said casting, throwing and pushing, of the said Gullelma Sands into the well aforesaid, by the said Levi Weeks, in the form aforesaid, the said Gulielma Sands, in the well aforesaid, with the water afore|said, was then and there choaked, suffocated, and drowned; of which said choaking, suffocating, and drowning, the said Gulielma Sands, then and there instantly died. And so the Jurors aforesaid, upon their oath aforesaid, do say, that the said Levi Weeks, her the said Gulielma Sands in the manner and form aforesaid, feloniously, wilfully and of his malice aforethought, did then and there kill and murder, against the peace of the said People and there digni|ty:—And the 〈◊〉〈◊〉 aforesaid, on their oath aforesaid, do further present, That the said Levi Weeks, not having the fear of God before his eyes, but being moved and seduced by the instigation of the Devil, on the same twenty-second day of December, in the year of our Lord 1799, with force and arms, at the same seventh-ward of the city of New-York, in the country of New-York afore|said, in and upon Gulielma Sands, in the peace of God and of the said People, then and there being, feloniously, wilfully, and of his malice aforethought, did make an assault, and her the said Gulielma Sands, then and there feloniously, wilfully, and of his malice aforethought, did strike, beat, and kick, with his hands and feet, in and upon the head, breast, back, belly, sides, and other parts of the body of her, the said Gulielma Sands, and did then and there feloniously, wilfully, and of his malice aforethought, cast, and throw the said Gulielma Sands, down unto and upon the ground, giving unto the said Gulielma Sands, then and there by the beating, striking, and kicking her, the said Gulielma Sands, in manner aforesaid, several mortal strokes, wounds, and bruises, in and upon the head, breast, back, belly, sides, and other parts of the body of her the said Gulielma Sands, of which said mortal wounds, strokes and bruises, the said Gulielma Sands then and there instantly died:—And so the Jurors aforesaid, upon their oath aforesaid, do say, that the said Levi Weeks, her the said Gu|lielma Sands, in manner and form aforesaid, then and there feloni|ously, wilfully, and of his malice aforethought, did kill and mur|der, against the Peace of the said People and their Dignity.

Upon this Indictment the prisoner at the bar hath been arraigned, and on his arraignment, hath plead|ed not guilty, and is now to be tried by his country,

which country you are; so that your charge is, gen|tlemen, to enquire whether the prisoner at the bar is guilty of the felony whereof he stands Indicted, or is not guilty; so fit together and hear your evidence."

The Assistant Attorney General, Mr. Colden, then addressed the Court and Jury:

"In a cause which appears so greatly to have excit|ed the public mind, in which the prisoner has thought it necessary for his defence, to employ so many ad|vocates distinguished for their eloquence and abili|ties, so vastly my superiors in learning, experience and professional rank; it is not wonderful that I should rise to address you under the weight of em|barrassments which such circumstances naturally ex|cite. But gentlemen, although the abilities enlift|ed on the respective sides of this cause are very un|equal, I find consolation in the reflection, that our tasks are so also. While to my opponents it belongs as their duty to exert all their powerful talents in favour of the prisoner, as a public prosecutor, I offer you in its proper order, all the testimony the case affords, draw from the witnesses which may be produced on either side all that they know, and if I can guard you against the influence of sophistry and eloquence, I shall be satisfied. Had I the power of enlisting the passions and biassing the judgement, which those opposed to me possess, I should think it unjustifiable to exert it on such an occasion.

Levi Weeks, the prisoner at the bar, is indicted for the murder of Gulielma Sands. He is a young man of reputable connections, and for ought we know, till he was charged with this crime, of irre|proachable character, nay of amiable and engaging manners, insomuch that he had gained the affections of those who are now to appear against him as wit|nesses on this trial for his life. These are circum|stances

greatly in his favour, and there is no reason to fear that they will not be urged with all their force. We are aware that you will not convict such a one of the horrid crime of which he is accused upon less than the utmost evidence that the nature of the case admits, and that you will not readily be convinced that one so young has already embrued his hands in the blood of the innocent.

The deceased was a young girl, who till her fatal acquaintance with the prisoner, was virtuous and modest, and it will be material for you to remark, always of a cheerful disposition, and lively manners, though of a delicate constitution. We expect to prove to you that the prisoner won her affections, and that her virtue fell a sacrifice to his affiduity; that after a long period of criminal intercourse be|tween them, he deluded her from the house of her, protector under a pretence of marrying her, car|ried her away to a well in the suburbs of this city, and there murdered her.—(Here the Assist. Att'y Gen. suddenly stopped a few seconds.)—No wonder, gentlemen that my mind shudders at this picture, and requires a moment to recollect itself.

In order to enable you to direct your attention the better to the testimony that will be offered, I shall proceed to detail to you more particularly the proof which I expect will be made.

I will not say gentlemen, what may be your verdict as to the prisoner, but I will venture to affert, that not one of you or any man who hears this cause, shall doubt that the unfortunate young creature who was found dead in the Manhattan well, was most barbarously murdered.

Elias Ring, and Catherine his wife, keep a board|ing-house in the upper part of Greenwich-street; the

deceased was a distant relation of theirs who lived with them. Hope Sands, a sister of Mr. Ring, and Margaret Clark, lived in the same house. In July last, the prisoner was received into the house as a boarder. Upon his first coming, for about a month, he shewed some attention to Margaret Clark, but soon after was observed to attach himself in a very particular manner to the deceased. Their conduct soon led to suspicions in the family, that there was an improper intercourse between them. In the month of September, Mrs. Ring fled from the fever, leav|ing the care of her house to her husband, and the deceased; and leaving in it also the prisoner and some other boarders. Mrs. Ring remained out of town a|bout six weeks, and in that time it is certain that the prisoner and the deceased lived together in the most intimate manner. On the first of December last, the deceased disclosed to Hope Sands, that on the next Sunday she was to be married to the pri|soner, but at this time, and whenever afterwards she spoke on the subject, enjoined on Hope the strictest secrecy, forbidding her to tell even Mrs. Ring, say|ing that Levi meant to keep their marriage a secret, even from her (Hope) and therefore that no one should go with them to see the ceremony perform|ed.

Between this time and the time of her departure from the house, it will be seen, she frequently spoke of her approaching marriage, and always with cheer|fulness and a lively pleasure. On Saturday, the 21st of December, the day before the fatal accident—Hope disclosed the secret to Mrs. Ring, informing her, that Elma was to be married the next evening. On the Sunday about dinner-time, Mrs. Ring discovered to the deceased, that she knew her intentions. The deceased, you will find, then confessed that she was to

be married, and that the prisoner was to come for her that night at 8 o'clock. Mrs. Ring pressed the deceased to be of the party—She said Levi would not consent, as he meant to keep his marriage a perfect secret from all. In the evening you will see, the deceased began to dress herself, in which Mrs. Ring assisted her; the deceased appeared perfectly cheerful all this time, she put on her hat and shawl, and went to a neighbor's and borrowed a muss which she pro|mised to return in a little time. She also took up a pocket-handkerchief belonging to one of the boarders, saying she should not make use of it, and would return it before it was missed. You will have evidence that the prisoner had left the house of Mr. Ring, about five o'clock in the afternoon, and that about eight o'clock in the evening the deceased stood leaning over the front door, looking out—that Mrs. Ring desired her to come in, saying, she did not believe Levi would come, to which she answered, she did not fear, it was not yet eight, but she left the door and went in with Mrs. Ring, and in a little time the prisoner re|turned, and came into the room where was Elias Ring, Mrs. Ring, the deceased, and two boarders, by the names of Lacey and Russel. Mrs. Ring 〈◊〉〈◊〉 with them about five minutes, when she got up and went to the street▪door, and leaned over it till Lacey and Russel went up-stairs to bed. She then left the street door, and as she does perfectly remember, shut it after her; she went into the room again, and was hardly seated when the deceased went up stairs; Mrs. Ring immediately followed her, found her in her room above, pinned on the shawl for her, and after being with her not more than two minutes, left her in the room opposite the stairs, just on the point of coming down. Mrs. Ring returned to the room below where the prisoner was; in about a minute he

took up his hat, and as he opened the room-door to go out, Mrs. Ring heard somebody come lightly down the stairs, and as she supposes, meet him at the bottom; she then heard two voices whispering at the foot of the stairs for about a minute, she then heard the street door open and immediately shut, she took a candle and went to the door to look after them but it was dark and so many people passing, that she could not distinguish any one. The street door you will find, opens with a great and remarkable noise, in consequence of its being out of order. Gentlemen, it will be necessary for you to pay particular attention to this part of the evidence, for if you do believe that the prisoner, at this time, went out of the house with the deceased—I do not see how he can be acquit|ted. After Mrs. Ring shut the door, it was not again opened till the time when she supposes the prisoner and the deceased went out. We shall show you that there were no other persons in the house till ten or eleven o'clock, but Elias Ring, who remained in the common sitting room, and the two lodgers, Lacey and Russel, who we shall prove to you lodged together, and were not out of their lodging-room, from the time they went up stairs. From this time the deceased was never after seen till her corps was found in the Man|hattan Well. She had the marks of great violence upon her, and great part of her cloaths were torn off.

We shall produce a number of witnesses, who, between the hours of 8 & 9 of the evening of the 22d of December, heard, from about the place of the well, the voice of a female crying murder, and entreating for mercy. It will be shown to you, gentlemen, that there was the track of a single horse sleigh, which we shall prove that at some time between the Satur|day night before, and Monday morning succeeding,

must have come out of Greenwich street, and passed in a very extraordinary manner near the brink of the well; that the snow round the edge of the well was much trodden, and that the sleigh after having made a curious turn or stop near the well, must have passed on to the Broadway road, and in coming into that, turned towards town.

We shall proceed to shew you, that on the evening after the 22d of December, soon after the deceased left her house, she was met a few hundred yards from her house in the way towards the road that leads to the well, in company with two men. That a few hundred yards further on, and about the same time, a single horse sleigh was seen with two men and a woman in it; the horse of a dark colour and with|out bells, passing on towards the road or street which leads from Greenwich street to the well.

Our next testimony will be, to prove to you, that a number of young gentlemen riding for pleasure on the same evening, as they were coming into town, between 8 and 9 o'clock, on the Broadway road, when they were some distance nearer to the town than the place where the track of the one horse sleigh was discovered to have turned into the Broadway road, they were overtaken by a single horse sleigh, which passed them with the horse on a full gallop▪ and without bells; there were two men in it and the horse was dark coloured. We shall then show you that Mr. Ezra Weeks, the brother of the prisoner▪ was the owner of a single sleigh, and a dark horse, and that the prisoner had access to it when he chose, and we shall produce to you such testimony, as we suppose will satisfy you that this horse and sleigh was taken out of the yard of Ezra Weeks, about 8 o'clock in the evening of the 22d of December, and

was returned again into the yard in less than half an hour.

You will see, gentlemen of the Jury, that we have only circumstantial evidence to offer to you in this case, and you must also perceive that from its nature it admits of no other. I shall, however, reserve my remarks upon this subject, for a future stage in the cause; and shall, without delaying you longer, pro|ceed to call the witnesses.

The Counsel for the prisoner moved the Court for permission to take the testimony of Elizabeth Wat|kins, who was now in an adjoining house, on the following affidavit of Joseph Watkins:

City of New-York, ss.

JOSEPH WATKINS, being duly sworn, doth depose and say, That Elizabeth Watkins, his wife, was brought to bed on the sixteenth day of March instant, and that she has been very unwell ever since, and still is so, and that she has never been down stairs since she was brought to bed, and that he verily believes it would very much endanger her health to attend court. And this deponent doth further say, That the said Elizabeth Watkins breasts were very sore and festered. And further this deponent saith not.

JOSEPH WATKINS.

Sworn this 31st March, 1800, before me, JOHN LANSING, Jun.

Mr. Assistant-Attorney-General said, that he should not now make any objections to it, as it appeared that the situation of the witness was such that her personal attendance was absolutely impossible. Whereupon, Mr. Justice Lansing went with the Assistant-Attor|ney-General and Gen. Hamilton, to take the deposi|tion of the witness. After they has returned into Court, the first witness on the part of the prosecution was called.

CATHARINE RING affirmed.—[It was now moved that the husband of the witness, being also a witness, should withdraw out of hearing during her

examination, which the court ordered, saying the prisoner had a right to it of course, if he requested it.]

The witness then proceeded:

In July last Levi weeks came to board in our family, soon after which he began to pay attention to Margaret Clark, till about the 28th of the 8th Month, when she went into the country. About two days after her absence, Gulielma Sands "asked me"—Here she was stopped by the counsel for the pri|soner, who prayed the opinion of the Court, whe|ther any declarations of the deceased were admissi|ble as evidence. They contended that this was a case of hear-say testimony, and did not come within any of the exceptions in the books.—They admitted that the declarations of a murdered person were sometimes received as evidence against a prisoner, but it was only when they were made after the fatal blow, in his last moments and when he must be supposed to be under an equal solemnity with that of an oath.

The Attorney-General insisted that such testimony was proper to show the disposition of mind in the deceased, when she left the house on the night of the fatal accident; that this was the only way to discover whether she was found in her intellects, or whether she was not under the impressions of melancholy—and that in reality, this was one of those cases, where evidence was to be admitted upon the necessity of the thing. To support his argument he produced 4 State Trials, 487, 488, idem 291, 298; Leeche's cases, 399, idem 397, idem 437; 2 Bacon 563; Skinner's Reports 402.

Mr. B. Livingston replied. He denied that State Trials was any authority. The case in Skinner he said was certainly not law; and he read an authority from Hawkins, P. C. 447, and the case from Leech, 347, was in opposition to the principle contended for on the other side.

Col. Burr subjoined a few remarks. After stating what he thought ought to be the only exception to receiving hear-say evidence, viz. That it must be con|fined to cases in extremis after the fatal blow given, he observed, that besides that the book is no authori|ty in the first case read by the Assistant-Attorney-General, the witness was suffered to proceed without interruption, and no point was made to the Court respecting it. As to the 2d. case, it wasin the court of sessions in Scotland, and could not be considered as any authority here. He affirmed that Woodcock's case, although produced on the other side, was per|fectly consistent with the opinion which he held.

The Court unanimously refused to admit the testimony.

The witness then went on, being told to suppress whatever Elmore had said to her.—"Elmore lived in our house with us three years, as our child. After Margaret Clark had gone into the country a few days, Levi became very attentive to Elmore, to whom I mentioned it, and she did not deny it. She and Levi were left together with my husband either the 10th or the 11th of the 9th month.

Q by the counsel for the Prisoner.

Which room did Elma sleep in while you were in the country?

A.

In the front room, second story.

After I had been absent about 4 weeks, I received a let|er from my husband, desiring me to come home as he was very lonesome. I at first determined to return imme|diately, but I always thought Levi a man of honor, and that he did not intend to promise further than he intended to perform; therefore I stayed two weeks longer, and I came home six weeks to a day. After my return I paid strict attention to their conduct, and saw an appearance of mutual attachment, but nothing improper; and always discovered sufficient in their countenance to convince me what was in agitation between them; and he was frequently in the room when she was sick. In a short time after my return,

she concluded to pay a visit to her friends in the country, though she did not seem very anxious to go as it was so late in the season; however, after she got ready to go, Levi accompanied her to the vessel, and she stayed about two weeks. During her indis|position he paid her the strictest attention, and spent several nights in the room, saying he did not like to leave her with Hope, (my sister) fearing she might get to sleep and neglect her; and in the night he want|ed to go for a physician, but I discouraged him, think|ing she would get better by the morning. One night, after she had got much better, chusing to sleep alone, she went to bed; and as I supposed, Levi was gone also. (Here the counsel for the prisoner stopped the wit|ness, to inform the court that Elias Ring, although order|ed out, had returned and was standing behind his wife the witness; the court ordered the constable to take him out, and reprimanded him for his behaviour.) In about two hours I thought I would step up into her room and see how she did—I slipped off my shoes, and going quick without making much noise, I partly opened the door, and saw him sitting by the side of her bed, and the door was shut against me, I took it to be by him, be|cause she was in bed and could not reach the door.—The next morning he said he had made a fire just before day in his own room, and he discovered more concern than I expected.

Not a day passed but convinced me more and more that he was paying his attentions to her; I often found sitting and standing together, and once in parti|cular I found them sitting together on her bed. On the 22nd of December, my sister Hope went to meeting, and Levi went to his brother's; in a short time he return|ed, having fallen and hurt his knee, which circum|stance, it struck my mind, would prevent their inten|tions for that time; Sylvanus Russel said, Levi you

won't be able to go out to-day—He answered, I am determined to, to-night. Elma then dressed his knee for him—it was not much of a hurt—I saw it—she got a plaister. After she had dressed it—he went up stairs a short time—she also followed him, and was gone I should suppose, considerably more than an hour, this was about noon. His apprentice came down to do some|thing, and in a little time went up, but soon, returned again; the thought struck me that they had sent him down to get him out of the way. Between 12 and 1 o' clock she came down into the room where I was pre|paring dinner, with a smiling countenance, and seemed much pleased. I spent the afternoon with her; her coun|tenance and behaviour was calm and composed, and fully happy, as likewise her appetite remarkably good. I left her a short time, and went into another room; when I returned, I found Levi sitting by the sire with her, appearing fully composed and happy; but he soon left us and went up stairs—shortly after Elma went also; in about 20 minutes she returned not quite dressed, with her handkerchief in her hand, saying to me, "which looks best?" Then Levi came down, nearly dressed also, with his coat upon his arm, at which time, Elma stepped behind the curtain of the bed. "He said, "where's Elma?" I said, "she is hid behind the bed." He said dont mind me—I want you to tie my hair. Elma came out and did so; Elias came in from meeting, and she went up stairs, and Levi after her: this was about sun-set, and she did not come down till after dark, and Levi I believe staid as long, for one of the family went up and found them together. I had got tea ready and waited some time for them to drink tea, thinking they would drink tea together; but he did not come. After tea I proposed borrowing a muff for her at one of our neighbor's—she said would go herself, and she went and got it.

A while after she went to the front door and leaned over it, which I soon observed. I told her I was afraid she would take cold; she followed me in, where was two young men of the family, Russell and Lacy, with my husband—we all sat together till Levi came in—I then went to the front door, and leaned over it—soon after the young men came out and went up-stairs to bed, at which time I heard the clock strike eight. Af|ter they had gone up-stairs, I shut the door, and came in, saying, the clock has just struck eight. I sat down, and in the course of a minute or two after, Elma got up and went out, and I observed Levi's eyes fixed up|on her, and I thought he looked at her for to go; in the course of about a minute, I believe not more, I took the candle and went up-stairs, she had her hat and shawl on, and her muff in her hand; I observed she looked rather paler than usual, but I thought it a na|tural consequence, and I told her not to be frightened. I went down, and left her just ready to follow—Levi took his hat—

Questions by Prisoner's Counsel.

Pray how long was it from the time that Levi came in before Russel and Lacy went to bed?

Answ.

About five minutes.

Quest

How long after Russel and Lacy were gone before you went up?

Answ.

About one minute perhaps.

Quest

How long might you remain there?

Answ.

About a minute.

Quest

How long do you suppose it was from the time Levi came in, till they went out?

Answ.

Elma might have remained in the room two minutes; in the whole I dont think all the time from Levi's coming in till they went out exceeded ten minutes.

Quest. by Assistant Attorney-General.

Pray, Mrs.

Ring, in what situation did you leave Elma up stairs.

Answ.

I left her just ready to come down, just coming down, she came down almost instantly. I came down and left her in the room and came in where Elias and Levi were sitting; no other person was up in the house but we four. I set the candle down over the fire-place, Levi instantly took his hat and went out into the entry; the moment the door opened, I heard a walking on the stairs, and directly I heard a whispering near the door, at the bottom of the stairs for nearly a minute, but so near the door I thought I might understand what was said, and I listened for that purpose; soon I heard them step along, and the front door opened and the latch fell. I took up the candle and run to the door to see which way they went; it was moonlight, but having a candle made it darker.

Quest. by Prisoner's Counsel.

Mrs. Ring, are you sure you shut the door before?

Answ.

I am positive: It stuck much, and it was difficult to shut it; it was something out of order, which made a jarring noise, and it stuck a good deal. I then run up stairs to seeif she might not be there, why I did it, I dont know, I can't say, but somehow I felt agitated on the occasion, but she was not there▪

Quest. by Assistant Attorney-General.

Were the steps descending the stairs loud or not?

Answ.

The steps coming down were loud.

Quest

Did you or did you not hear the steps of one person only?

Answ.

I heard the steps but ofone person.

[The Assistant Attorney-General now produced a plan of the inside of the houseand the witness being

asked to do it, explained it to the Jury.]

Quest

How far is it from your room door to the front door?

Answ.

About ten feet.

Quest

What kind of stair-case is it?

Answ.

It is a hollow, close stair-case.

Quest

Would not a person coming down such make a considerable noise?

Ans.

Any person certainly would▪

Quest

How near is your door to the stairs?

Answ.

It is close to them; it opens against them.

Qust.

How far from the foot of the stairs to the outer door?

Answ.

Not more than four feet.

Quest

Are you sure about the sound of steps going out?

Answ.

I am very positive; I heard the steps very distinctly.

Quest

As to the steps on the stairs, how was it?

Answ.

As he opened the door of our room, I heard the step on the stairs.

Quest

Could you not have been mistaken? was there no noise in the room where you was?

Answ.

There was no noise at all, nor any body there but my husband.

Quest. by the Court.

Did Levi return to his lodg|ings the same evening?

Answ.

I was going to tell, about ten o'clock he returned, and his apprentice was there waiting for him as he had the key of the room, and the boy could not go to bed. The moment he opened the door I cast my eyes upon him, his countenance was pale and much agitated. His apprentice was standing waiting for him, he came to the fire, took the key out of his pocket and gave it to him, saying in a short tone, go to bed. He sat down and said, Is Hope got home? I answered, No Is Elma gone to bed? I answered, No—She is gone out, at least I saw her ready to go, and have good reason to think she went He said, I'm surprised she should go out so late at night and alone I replied, I've no reason to think she went alone, to which he made no reply, but looked earnest and thoughtful and leaned down his head on his hand in this manner,[putting her hand over her left eye, and leaning her head upon it.]

Quest. by Assistant Attorney-General.

Had any thing passed to lead him to believe that she went out alone?

Answ.

No, there had not.

Quest. by the Court.

Did you express any alarm to him?

Answ.

No:—Feeling very uneasy and agitated, I thought I would speak to Levi more particularly than I had done, and I told Elias to go to bed, and I would

fix the child and bring it to him; and he got up to go, upon which Levi instanly rofe and went up stairs. I thought she had gone to one of the neighbours to leave the muff; I was then determined to sit up until she should come in: I accordingly put out the candle and covered up the fire, supposing that perhaps he would come down after he thought us a bed, and let bet in; after waiting till about 12 o'clock and nothing appearing, I lit the candle and searched the house, thinking perhaps that she had come in; and went to every room excepting that where the two lodgers was a bed, and to Levi's room; I went to his door twice, but seemed as if I had not power to enter, I thought perhaps she might be sit|ting by Levi's stove. I then went to bed, and my husband was much surprized at my conduct in sit|ting up and searching through the house: I thought perhaps she had stayed at Henry Clements. The next morning the boarders breakfasted early, about day light, as usual, Levi came to breakfast.

Quest. by the Court.

Was any thing said about Elma at breakfast, by any body.

Answ.

No, nobody mentioned her:—After he had been out awhile, I heard some person enter the house and run softly up stairs, and ex|pected it was her, and intended to go and see; soon after which Levi came in, saying, Is Elma got home? I answered I have not seen her: I felt provoked that he should ask me where she was, and thought that at least he might be silent. He then said, I am surprized where she should be, I answered I expect she is up stairs, I heard some one go up; he replied, it was me you heard: I observed, thee went more softly than ever before, and I'm

sure I thought it her step. He immediately run up stairs▪ and instantly returned, saying, she is not in the second story; I did not believe him, and went up myself: when I returned he was standing at the front door but dont recollect his saying any thing; when I said, I'm surprized where she should be, but went away; some time after he came in again and said, Is Elma re|turned? I answered no. Have you sent any where for her? I answered no. He said, why have not you? I answered, I did not think of sending, expecting her in every minute. He said, I am surprized at her going out so late and alone. I said, indeed Levi to tell thee the truth, I believe she went with thee, she told me she was to, and I have good reason to think she did. He looked surprized, and said, if she had gone with me she would have come with me, and I never saw her after she left the room. He then went out.

Question by the court.

—Was there any thing un|common in his manner?

Answer.

—There was to be sure, more than I can express.

Question by prisoner's counsel.

—Do you mean that this was after you expressed your surprize?

Answer.

—I had observed his looks fixed upon me before?

Question by court.

—Did you tell him of this, did you observe to him that there was a difference in his look?

Answer.

—I did not then.

In a short time after, the owner of the muff called

for it, as Elma had promised to return it the night it was borrowed, or early the next morning; I told her I would send for it, and the girl should fetch it home as I expected Elma was at Henry Clements, she answered she would sit with me, and sat down, during which time Levi came in, and fat until the girl returned, saying, Elma had not been there. I was struck with astonishment, although my uneasi|ness had been great, yet I fully expected she was there; the person immediately said, I guess she has gone to be married, and that made her borrow my muff; I answered, married or not I think it very ungenerous not to return it, and likewise to keep me in suspence and uneasiness; at which conversa|tion Levi gave no answer, but set with his head down, and then he went out. Soon after this my sister returned; in a short time after Levi came in, she immediately attacked him, saying, where is El|ma, I know thee knows, tell me ingenuously for Caty is very uneasy, and says Elma told her she was going with thee, and she is sure she did; he looked surprized, and said, she told Caty so? why if she had went with me, she would have returned with me; I never saw her after she left the room, and am sur|prized you would think of my keeping you in sus|pence. The day passed without much more being said, expect my saying I had been to the door fifty times to look for her; he answered he had looked more than fifty times, he could not keep his eyes from the street. The next morning being Tuesday the 24th, after the boarders had breakfasted, none of the family up but them and myself, they all went out excepting Levi, who seeing me much distressed walked the room several times, appearing much agi|tated, came to me, and taking hold of my arm, said,

Mrs. Ring, don't grieve so, I am in hopes things will turn out better than you expect; to which I gave no answer, as I expected he was then going to tell me the whole matter. He soon however took his hat and went away. Nothing more was said un|til afternoon, when myself and sister being so dis|tressed we determined to stand it no longer, and we were about to send for him when he again came in, laid down his hat; but on seeing our agitation, he turned round and was going out; I said, stop Levi, this matter has become so serious. I can stand it no longer; I then said it certainly lays upon thee, therefore thee must make the best of thy way to get clear of it; he said, he was willing to give what satisfaction he could, being sorry to see us so distressed, when I said if it had been many a person that I should have even been willing for her to have, I would not have waited one hour before they should have given an account of her, but my confidence in thee was so great, and fearing too to make her trou|ble, as she was bound not to disclose it, is the rea|sons why I did not immediately mention it. I then proceeded. On first day after 12 o'clock, she came down stairs after being with thee, and told me, that night at eight o'clock you were going to be married, that you did not go till 8 o'clock on ac|count of its being froze. I had not proceeded much further, if any, before he turned pale; trembled to a great degree; was much agitated, and began to cry, clasping his hands together, cried out, I'm ru|ined—I'm ruined—I'm undone forever, unless she appears to clear me—my existence will be only a burden—I had rather die in credit, than live under it. Then he proceeded to clear himself, saying, he

never would attempt to marry without his brother's approbation. I replied, she told me, thee had talk|ed to him twice on the subject; he said my brother can answer for himself. Thus he proceeded until we were hardly able to support it; as our dependence as to her, was intirely upon him, not having a thought short of his knowing where she was.

On Thursday, the 26th of December, about 10 o'clock, Margaret Clark and her sister Deborah Clark, being in the room with me, Levi came in; seeing us much distressed, he sat down and endeavoured to com|fort and console us, saying, Give her up, she is gone no doubt, and all our grieving would do no good. With an earnest look I turned to him, saying, Levi, give me thy firm opinion from the bottom of thy heart, for I dont doubt thee has one; tell me the truth, what thee thinks has become of her. He replied, Mrs. Ring, its my firm belief she's now in eternity; it certainly is, therefore make yourself easy, for your mourning will never bring her back. I answered, why does thee say so? what reason has thee to think it? Why from things I've heard her drop. What were they I asked. Why I heard her say she wished she never had an existence. I replied, if thee recollects, I dont doubt thee has heard me say so, I acknowledge it's wrong and have reproved her for it.

Quest. by prisoner's counsel.

Pray Mrs Ring, did you say you had wished that you had never had an exist|ence?

Answ.

Yes:—I dare say I have—in this very ease, I might say, I wish I never had an existence to witness such a scene. I acknowledge it's wrong, but still I dont doubt I have often said so. I asked Levi,

what other reason has thee? Why I have heard her threaten, if she had Laudanum, she would swallow it. Why Levi! How can thee say so? as it was always easy for her to get that, it dont bear the weight of a single straw with me, and the circumstance thee alludes to, I believe I was present as well as several others, which he did not deny, nor mention any other time, which circumstance was this, my sister was un|well, the doctor had left a small phial with her, and she had it in her hand, clapped it up to her mouth, he said Elma dont do so, she replied I should not be afraid to drink it if full, my husband answered why the foolish creature it would kill thee, she answered I should not be afraid. I thought she spoke not thinking, tho' she was used to taking large quantities when sick, made her think light of it, but I supposed she did it only to teaze him.

I frequently conversed with him on the subject, always pointing out the impossibility of any other per|sons knowing it, all which he never resented. On the day of the procession he came to me saying Mrs. Ring, what objection have you to Hope's going with me to the alderman to say what she can in my fa|vour: I answered yes, very great objections, if I even believed thee innocent, which I have no reason to think, and its publicly reported of thee, if she was even willing, which I'm sure she is not. Well then let her go with my brother. Indeed I've no choice in thee or thy brother, if the authority calls for her, she will answer I dare say to what's proper. He then said Mrs. Ring, you are not so much my friend as you have been? Indeed Levi, I shudder to think I ever indulged a favourable thought of thee.

Quest.

How long was this 〈◊〉〈◊〉 her death?

Answ.

About three weeks.

Quest. by Assistant Att'y Gen.

Pray, Mrs. Ring▪ I wish you would be particular as to her temper and disposition on the 22d; pray, inform the court and jury, was it composed that afternoon?

Answ.

Very much so, I never saw her pleasanter in my life—she was more so than usual.

Quest

What was her general temper of mind?

Answ.

Very lively, open and free.

Quest

Was is not more so, than is usual among friends?

Answ.

I always thought her disposition rather too gay for a friend, and she altered her dress and be|haviour to please me.

Quest

Pray Madam, has she not always borne a good character, I mean that of a modest discreet girl.

Answ.

Very much so, I have known her from an infant, but there are others that can speak of her, who had not that partiality for her that I had.

Quest

Let me ask you, would not the conduct between the prisoner and her have been esteemed improper, if it was not supposed they were soon to have been connected in marriage?

Answ.

Yes.

Quest

How old was she?

Answ.

About five years younger than myself, she was about 22 at the time of her death.

Quest

Was Elma one of the Friends?

Answ.

She was not so, though we wished her to be.

Quest

Pray what relation was she to you?

Answ.

She is my father's sisters daughter.

Quest

Had she parents living?

Answ.

Her mother is alive at New-Cornwall; her mother never was married; she took her mother's?

name of sands; her father is in Charleston, South-Carolina.

Quest

When was the body found?

Answ.

The 12th day after she left our house, or the 2d of January.

CROSS-EXAMINED.

Quest

What was the character of Levi Weeks, while he boarded in your house?

Answ.

It was such as to gain the esteem of every one in the family.

Quest

Was not his moral conduct good?

Answ.

I never saw any thing amiss in it, I should call it very good.

Quest

Did you observe whether the prisoner after this affair of the 22d, eat his meals as usual?

Answ.

I believe he did.

Quest

Was Elma considered as an associate for yourself and family?

Answ.

She was, I regarded her as a sister.

Quest

Did she walk out with your family ever?

Answ.

Hope and Elma walked out together, they were associates.

Quest

Did Levi ever walk out with her?

Answ.

No, not as I know of.

Quest

Did he ever walk out with your sister Hope?

Answ.

He went once to a Charity Sermon with her, and Elma, was to have gone too but the going was wet, and she was not very well, and I would not suffer her to go.

Quest

What was the appearance of Elma, the day she went out, the 22d of December?

Answ.

She looked rather palar than usual when I pinned on her handkerchief—It was her natural colour.

Quest

What was the state of Elma's health gen|erally?

Answ.

For about a year past she was at times ra|ther unwell.

Quest

Had she any habitual illness?

Answ.

She was much troubled with the cramp in her stomach.

Quest

Where was her usual sodging room?

Answ.

In the front room. She at first slept in the third story before she went into the country, but for three weeks before her death, she slept in the back room in the second story.

Quest

Was it not next to Mr. Watkin's bed room?

Answ.

It was next I believe.

Quest

Was there any other female in the house, when you went to the country?

Answ.

There was not.

Quest

Did you ever ask Levi whether he was en|gaged to Elma?

Answ.

Never till Tuesday, after her death.

Quest

Nor said a word about it to him?

Answ.

No.

Quest

Did Levi appear lame in consequence of the hurt in his knee, on the 22d?

Answ.

I do not recollect.

Quest

Had you ever any reason to suspect that any other person but Levi had an improper intimacy with her?

Answ.

Never.

Quest

Did you never say that Mr. Weeks was a person of a kind disposition?

Ans.

Very likely, for I always thought him so.

Quest

Did you never say that Levi was very at|tentive to your children or any in your family, when they were sick?

Answ.

I never did. I could not, for none of my children ever was sick while he was in the house.

Quest. (by A. A. Gen).

Do you know of what mate|rials the wall between your house and Watkin's is composed?

Ans

I don't know.

HOPE SANDS, being asked if she has observ|ed any intimacy between the prisoner and the de|ceased? She said, the first time I knew them to be together in private, was about two weeks after I and Elma came to town. I then found Levi and Elma to|gether in her bed-room; I was there with Elma when Levi came in, on which Elma gave me a hint, I imme|diately went out, he followed me to the door and shut it after me, and locked it.—I went down stairs, left my shoes at the bottom of them, and went softly up to listen if I could hear their conversation, but could not understand any thing although I heard a whisper|ing and staid at the door along time, more than an hour. Hearing some person come in below, I run down, where I found Doctor Snedeker; on my com|ing into the room, Peggy Clark took the candle and went up to the room where Levi and Elma were; on finding the door locked, she returned, much surprised at finding it fast, and asked me if I knew who was there, I answered I will go and see, she followed me up to the door; finding it locked, we went into the next room, when the door was unlocked, and Levi came out. I observed to Levi that he intended be|ing very safe, having secured the door that Peggy could not gain admittance; he then said, where is Peggy, and looked into the room—but she stepped behind the door, so that he did not see her: he then left us and went up stairs. There was no light in the room when I left them, neither when he came out, therefore, I am positive they had not any. I then went in and found Elma sitting on the bed.

Quest. by prisoner's counsel.

Did you ever tell Mrs. Ring of this?

Answ.

Yes, I told her the same evening.

On Monday, the next day after she was missing, a|bout 10 or 11 o'clock in the forenoon, I met Levi up stairs alone. I attacked him about her—he denied knowing any thing of her, though from his looks I was confident he did. He soon began to use all pos|sible means to convince me of his innocence. I re|plied it was hard to judge one I had so good an opi|nion of, but he was certainly the person who could give information of her if he chose. He said, do you think if I knew where she was I would not tell you?

The Sabbath evening after she was missing, he came to me saying, Hope, if you can say any thing in my favor, do it, for you can do me more good than any friend I have in the world to clear me, there|fore, if you can say any thing, do it before the body is found, as after it will do me no good; but if the body is found a good way off, that will clear me, as I was not a sufficient time from my brother's to go far. He then pressed me very hard to go to the Al|derman's and see him, I refused; upon which he gave me a paper he had drawn, wishing me to sign it: the purport of the paper was, That he had paid no more particular attention to Elma, than to any other female in the house—that nothing had passed between them like courtship, or looking like marriage. I took it from him, saying I supposed I might read it, and left him without saying any more on the subject till the day of the procession. He then came to me say|ing, Hope, will you accompany me to see the proces|sion? I replied no, I have seen processions enough. He then said—Hope, dont you intend to sign that pa|per for me? I answered no, and drew it from my pocket; I then pointed out to him the inconsistency

of my doing it, saying—Levi, if I was to do it, thee knows it would be positive lies. He said it would be of no service to me, and reached out and took it from my hand, saying, Will you go to the police with me? I answered no. He said, Will you go with my brother? I replied no, what better would it be to go and say it, than to sign the paper? He then asked me if I would consult my sister upon it? I still answered no, for I was sure she would not consent to any such thing, if I was ever so inclined myself, which I am very far from.

CROSS-EXAMINED.

Quest

Pray how long do you think it was, that Levi and Elma were locked up together at the time you mentioned?

Answ.

About an hour, I should think.

Quest

Was not Levi as particular to you as he was to Elma?

Answ.

No, he was not.

Quest

Was not Levi very much liked?

Answ.

He was very much, all spoke well of him.

Quest

Did Levi ever walk out with Elma, or with you?

Answ.

He went once to the Museum with me and Elma. He went once to church with me of an evening; Elma was to have gone, but she was sick. I never knew him walk out with her but that time: I heard him say one evening, That he believed she des|pised him, for she would never go in the street with him.

Quest

Did he never ask you to go, in her presence?

Answ.

He once asked me to go, to his brother's but I could not conveniently; Elma was present—she said, Why don't you ask me? He replied, I know you would not go if I did.

Quest

Did you not stop at some house in the way to church?

Answ.

Yes, we did; we stopped at Ezra Weeks', the brother of Levi.

ELIAS RING

—Levi Weeks, was a lodger in my house, and in the 9th month—

Q. by prisoners Counsel.

What month is that called?

Ans.

I don't know it by any other name, thee can tell.

Wit.

At this time, when my wife was gone into the country, Levi and Elma were constantly to|gether in private. I was alone and very lonesome, and was induced to believe from their conduct, that they were shortly to be married. Elma's bed was in the back room, on the second floor; the front room had a bed in it, in which Isaac Hatfield slept about three weeks. Hatfield during this time was occasionally out of town. I slept in the front room below; and one night when Hatfield was out of town, I heard a talking and noise in his room. In the morning I went up into the room and found the bed tumbled, and Elma's clothes which she wore in the afternoon, lying on the bed.

Quest

Did you see her in the room?

Answ.

No; I saw nothing, but I have no doubt she was there, for Hatfield was not there then, and there was no other person in the house besides Levi and his apprentice, and Elma and myself.

Quest

How late was it in the night, when you heard this noise?

Answ.

After 12 o'clock.

Quest. By one of the Jury.

Did Elma, do you sup|pose, get up from her bed, and go away naked?—You say she left her cloaths.

Answ.

She left part of her cloaths, she had two suits and this was part of the best, which she had on the day before, being First Day.

Quest. By the Att'y Gen'l.

Did you see any thing

improper or immodest in the behaviour of Elma, un|til she was acquainted with the prisoner?

Answ.

No, never.

CROSS-EXAMINED.

Quest

Did you ever see any intimacies between Levi Weeks and Margaret Clark?

Answ.

I have seen, formerly, some familiarities between them.

Quest

Did you never hear any noise when Hatfield slept in the room over you?

Answ.

No.

Quest

Did you ever know that the prisoner and Elma were in bed together?

Answ.

No.

Quest

What materials is the partition made of be|tween Watkin's house and yours?

Answ.

It is a plank partition, lathed and plaistered.

Quest

Could you hear the noise of children thro'?

Answ.

No; not as I can recollect.

Quest

Is Mr. Watkin's a clever man and good neighbor?

Answ.

Yes he is.

Quest

Do you remember how Elma appeared on the 22nd of December?

Answ.

She was as cheerful and gay, as I ever saw her.

Q.

Pray tell what you remember particularly about that day.

A.

On the 22d of December I had been to meeting in the afternoon; I returned and found Elma dressing, and my wife helping her in dressing, and assisting her in putting on her gloves. About eight o'clock, Elma went out, I saw her go out of the room, and I heard the front door open, and shut about 3 or 4 minutes thereafter, and my wife took the candle and went out and was gone about 2 minutes. The two boarders,

Lacey and Russel came in, and one of them pulled out his watch and observed it was 8 o'clock.

Quest

What kind of gloves were they?

Answ.

White long gloves.

Quest

Are you certain they were white?

A.

Yes, I saw my wife tie them on and took notice.

Quest

Did you hear her go up-stairs?

Answ.

I am not certain that I heard any body go up-stairs.—When my wife returned, I asked who went out? She said Elma and Levi; I answered that it was wrong, she would get sick; she replied, he will be more careful of her than I would be.

About 10 o'clock Levi came in. He asked if Hope had gote home; my wife answered no. He asked, Is Elma gone to bed? She answered no, she is gone out. He observed it was strange she should go out so late and alone.—[He corroborated the testimony of his wife, respecting her own expression and behaviour in the night.]

Quest

Have you not threatened the prisoner at some time since this affair happened?

Answ.

I never threatened him that I know of—I had a conversation with him, in which he asked me if I had not said certain things about him, respecting Elma being missing, and he said if I told such things of him he would tell of me and Croucher.

Quest. by Att'y Gen'l

Did you not tell him you believed him guilty?—How did he appear?

Answ.

I did; and he appeared as white as ashes, and trembled all over like a leaf.

Quest. by Counsel for Prisoner.

What was the cha|racter of the prisoner previous to this, and how was he liked in the family?

Answ.

His character was always good, for any thing I know, and his behaviour was such, that he was generally esteemed.

Q.

Were you not the friend and protector of Elma?

Answ.

Yes.

Quest

Did you ever speak to her about her im|proper intimacy with Levi?

Answ.

I never did.

Q.

Did you hear any whispering in the entry or any body come down stairs?

A.

I did not, for I set in the corner and was not attentice to these things.

MARGARET CLARK

—I lived at Mr. Ring's about six months before Levi Weeks came to board there, and Gulielma Sands lived there. I went into the country on the 28th or 29th of August, on ac|count of the fever; and returned about the 12th of November.

Quest. by A. A. Gen.

Did you not observe a very particular kind of attention in the prisoner, to Elma?

Answ.

I can't say I did. I cant say I thought there was any thing that looked like courting her.—After I returned, he and she appeared more inti|mate together, which I suppose arose from their hav|ing been together, and while she was in the country.

Quest

Did you never know of their being locked up together?

Answ.

I knew once of their being locked up to|gether in the bedroom. Afterwards he told me they were in the bed-room together. This was the Mon|day evening before she was missing. Another time I saw him standing in her room, when she was sick, but I thought nothing of this, because he was always attentive to any one that was sick.

Quest

Pray how long did you live in the house do you suppose?

Answ.

I might have been absent half the time.

Quest. by Prisoner's Counsel.

Did not Levi pay as much attention to Hope Sands, as he did to Elma?

Answ.

Yes, I think he did and more too.

[She corroborated the testimony of the other witnesses with regard to the cheerfulness of temper of the de|ceased.]

ISAAC HATFIELD.

—I lodged at Mr. Ring's, from the 14th or 15th of September, four or five weeks; I lodged in the front room, on the second floor; I observed a great intimacy between the pri|soner and the deceased, such as to induce me to sup|pose he was paying his addresses to her, with a view to marry.—That the deceased was of a lively and cheerful temper.

RICHARD DAVID CROUCHER.

—May it please the Court and Gentlemen of the Jury. I was a lodger but not a boarder in Mr. Ring's house; I remained at the house all the time of Mrs. Ring's ab|sence, and paid particular attention to the behaviour of the prisoner and the deceased, and I was satisfied from what I saw, there was a warm courtship going on; I have known the prisoner at the bar, to be with the de|ceased Elma Sands, in private frequently and all times of night, I knew him to pass two whole nights in her bed room. Once lying in my bed, which stood in the middle of the room, and in a posture which was favourable to see who passed the door, and which I assumed on purpose. I had some curiosity; I saw the prisoner at the bar come out of her room, and pass the door in his shirt only, to his own room. Once too at a time when they were less cautious than usual, I saw them in a very intimate situation.

Q.

Did you tell any one of this?

A.

I never took notice of it to any one.

CROSS-EXAMINED.

Q.

Pray what countryman are you?

A.

An Englishman; I have been in this country since January, 1799.

Q.

Where, sir, was you on the night of the 22d of December, 1799.

A.

I supped that night at Mrs. Ashmore's but that's not her real name; it is 884 Bowery lane; it was the birth day of her son—she has had a good deal of my money, and I thot I would go and sup with her.

I went accordingly. In the course of the evening when the deceased was missing. I crossed twice or three times from Greenwich-street to Broadway and was once▪ at the Coffee-house; I went out to the Bowery and returned to Mrs. Ring's.

Q.

What time did you return home that night?

A.

It was my agreement with Mrs. Ring, to be at home at 10 o'clock a'nights, but on this occasion, I staid out till eleven or half past eleven.

Q.

Do you know where the Manhattan well is?

A.

I do.

Q.

Did you pass by it that evening?

A.

I did not—I wish I had—I might, perhaps, have saved the life of the deceased.

Q.

Have you not said you did?

A.

No. I might have said I wished I had.

Q.

Have you ever had a quarrel with the prisoner at the bar?

A.

I bear him no malice.

Q.

But have you never had any words with him?

A.

Once I had—the reason was this, if you wish me to tell it:—Going hastily up stairs, I suddenly came upon Elma, who stood at the door—she cried out Ah! and fainted away. On hearing this the pri|soner came down from his room, and said it was not the first time I had insulted her. I told him he was an impertinent puppy. Afterwards, being sensible of his error, he begged my pardon.

Q.

And you say you bear him no ill will?

A.

I bear him no malice, but I despise every man who does not behave in character.

Q.

How near the Manhattan well do you think you passed that night.

A.

I believe I might have passed the Glue manu|factory.

Q.

Do you not know what rout you took?

A.

I do not; I cannot certainly say, I might have passed by one rout or by another: I go sometimes by the road, sometimes across the field.

Q.

Was it dark?

A.

I believe there was a little moonlight—the go|ing was very bad.

Ques. by A. A. G.

Mr. Croucher, have you ever heard any noise in the room of the prisoner at an un|common time of night, since this affair happened?

Ans.

Yes, Sir, I have. The night the deceased was missing and the next night, and every succeeding night while he staid in the house, I heard him up whenever I waked at all times from 11 o'clock at night till 4 in the morning, and a continual noise al|most. I thought then his brother had some great work on hand and that he was drawing plans; but since I have accounted for it in a different way.

Q. by Prisoner's Counsel.

What kind of noises were these?

A.

The noise of moving about chairs, throwing down the tongs, and such kind of noises.

Q.

Were you ever upon any other than friendly terms with Elma.

A.

After I offended the prisoner at the bar, who she thought was an adonis, I never spoke to her again.

HENRY REYNOLDS.—This witness testifi|ed that he had known the deceased from a child, that they had been brought up together, and that her cha|racter had always been, that of a modest, discreet young woman, and of a lively and very cheerful dis|position."

JOHN BENSON.—This witness had resided at Mr. Ring's some days, owing to the prevalence of the yellow-fever, but he never saw any thing very

particular in his attentions to her; he said she was a girl of a lively, cheerful disposition.

WILLIAM ANDERSON.—(the Apprentice of the Prisoner)

I never saw any thing to make me to suppose that my master was more particular in his at|tentions to Elma, than to the other two, Margaret and Hope. One day my master said to me, you must not think it strange of my keeping Elma's company, it is not for courtship nor dishonor, but only for conversation. One night I pretended to be asleep, and the prisoner undressed himself, and came with the candle and looked to see if I was asleep or not, supposing I was, he went down stairs in his shirt, and did not come back till morning.

Quest

Did your master always sleep with you?

Answ.

Yes.

Quest

How did he rest the night Elma was mis|sing, and the next?

Answ.

He slept as well as usual the night Elma was missing, and Monday and Tuesday-nights, but on Wednesday-night, near day, he sighed out in his sleep, Oh! poor Elmore!

He agreed with the other witnesses as to her be|ing of a lively, cheerful disposition, but he thought she appeared less so that day before she was missing.

SUSANNA BROAD, an aged and very infirm woman.

I live opposite Ezra Week's lumber-yard, and on the night when the deceased was lost, I heard the gate open and a sley or carriage come out of the yard about 8 o'clock, it made a rumbling noise, but had no bells on it, and that it was not gone long be|fore it returned again.

CROSS-EXAMINATION OF SUSANNA BROAD.

Q.

How did you know it was 8 o'clock?

A.

Because my son and daughter was gone to meet|ing and meeting is done about 8 o'clock.

Q.

Had your son and daughter returned before the sleigh went out?

A.

I don't know what they had, I believe they had not then.

Q.

Had they returned before the sley came back?

A.

They were abed.

Q.

When was this, what month was it?

A.

I dont know the month, I know it was so.

Q.

Was it after Christmas or before Christmas?

A.

It was after I believe, it was in January.

Q.

That you are sure of, it was in January you say?

A.

Yes; I am sure it was in January.

Q.

Did you ever hear this gate open before?

A.

No, gentlemen; do you think I came here to tell a lie?

Q.

Nor since?

A.

No, gentlemen, no.

Q.

When did you first remember about this sleigh's being taken out?

A.

When I saw this young woman at Mrs. Ring's and help'd to lay her out.

Q.

by A. A. G. Did you observe any marks of violence when you laid her out?

A.

I found no bruises except on the right shoulder where I felt and it was soft; but I thought her neck was broke.

CATHERINE LYON.

—On the Sunday night before Christmas, being in Greenwich street, at the pump near the door of the new Furnace, I saw Gulielma Sands, a little after eight o'clock, myself was attending a lame woman who lay in the street, and Elma asked who it was; there was a good many people passing, and I could not say if they was with her or not; but I heard somebody say, "let's go," and the deceased bid me good night land went on; there was men passing before and behind, but whether in company with her I could not tell. About a half an hour or less after I saw. Elma, I heard from the fields behind the hill at

Lispenards a cry in a woman's voice of "murder, murder, Oh save me!"

CATHARINE LYON, CROSS EXAMINED.

Q.

Did you see the face of Elma?

A.

I did not, but I knew her form and shape.

Q.

Did you see any sleigh at this time, when you saw the girl?

A.

No, I did not.

Q.

Where were you when you heard the cry you speak of?

A.

In the front of Lispenards.

Q.

How long after you saw this woman you sup|pose to be Elma?

A.

About half an hour.

MARGARET FREEMAN.

—On the Sunday|night before Christmas, in the upper part of Green|wich-street, as I and my children was coming home from Meeting, I was holding my boy by the arm, a one horse sleigh overtook me as I was walking in the middle of the road, with two men and a woman in it, all talking and laughing very lively, particularly the woman; I kept out of the way for it to pass. When I came in I ran up stairs, and looking at the watch, I saw it was a quarter past 8; the watch was rather slow.

CROSS-EXAMINED.

Quest

How long ago is it since you were first ap|plied to, respecting this affair?

Answ.

Four or five weeks age—3 or 4 weeks after the sleigh overtook me.

Quest

Are you sure, Mrs. Freeman, that this was before Christmas?

Answ.

I am positive it was.

Quest

What meeting was it you had been to?

Answ.

The Methodist Church.

Quest

Did you ever see Ezra Week's sleigh any where?

Answ.

I don't know as I ever did.

Quest

Was it a dark night?

Answ.

Not very dark, but the moon did not shine.

WILLIAM LEWIS.

—On the Monday morning before Christmas, I and my wife was coming to town in a wood sleigh, and I discovered the track of a one-horse sleigh, about three hundred feet from the Manhattan Well, up the new road which Col. Burr had built, and I found the sleigh had drove so near the wall, that I observed it was a wonder that it had not turned over. I had passed that way the Sunday morning before, and there was no track there then; the sleigh appeared to have gone up towards the Bal|loon-house;—I thought somebody had missed their way, for there was no road there, and this made me so particular in my observation. I observed that there was one board off the well, which left it open, it may be 12 or 13 inches—there was tracks of people round the well.

CROSS-EXAMINED.

Quest

Is not that road a very bad one.

Answ.

Yes.

Quest

Is it not so bad that no body could drive there in the night, even slowly, without great danger?

Answ.

The road is bad, but I think I would have gone it.

Quest

Do you think you could have found the well in the night?

Answ.

I could have found it the darkest night that ever was; it would be only to keep along close by the fence.

ANN LEWIS, wife of the last witness, corro|borated what was said by her husband.

BUTHRONG ANDERSON.

—I was sent for by a neighbor to go to a christening; I had been to Mr. Pilmore's church; I live in William-street, No. 280, it was the Sunday night before Christmas; I

went out of meeting with company, up the Bowery, as far as the two mile stone, and down Broadway—On my return down the middle road, I was overtaken by a one horse sleigh, about half past eight in the eve|ning, on a full gallop, with two or three men or wo|men in it; I cant say whether they were men or wo|men. The horse seemed to be dark colored.

Quest..

Have you not, Sir, seen Ezra Weeks drive a horse that appeared to you of the same size and color with this?

Answ.

I have seen him drive such a one, I think.

CROSS-EXAMINED.

Quest

Do you pretend to distinguish the color of a horse in the night?

Answ.

Not exactly—but I know that he was not light colored.

Quest

Can you determine the size of a horse when he is on a gallop, and as you say, on a full gallop?

Answ.

I think he was such a sized horse as I have described him.

JOSEPH STRINGHAM, & JOSEPH CORN|WELL—These witnesses were in the sleigh with Anderson, and corroborated his testimony. They fixed the Sunday to be after Thanksgiving, which was the 10th December. They added, that when the single sleigh passed them on a full gallop, they huzzaed, as is usual on such occasions, but the two men took no notice.

ARNETTA VAN NORDEN.

—We live about half way from Broadway to the we••l. About 8 or 9 o'clock in the evening, my husband heard a noise, and he stood up and observed it was from the well. I then looked through the window, and we heard a wo|man cry out from towards the well, 'Lord have mer|cy on me, Lord help me."

LAWRENCE VAN NORDEN, husband of the

last witness.

On the Sunday night that the girl was missing, I found by calculation after she was found in the well, it was the same, I heard a voice of a woman cry out. Oh Lord have mercy upon me! What shall I do? Help me! I got up and looked out of the window; it was a clear night, star-light. I got up out of bed to hear and see what I could, and I looked out of the window towards the well. I can see the well from my house, and I heard this noise that I tell you of, and I looked then to the well, and I saw a man walking near the well, about the well, in a little time the cries stopped and I went to bed again.

CROSS-EXAMINED.

Quest

How near do you live to this well?

Answ.

About a 100 yards.

Quest

Was there snow on the ground?

Answ.

Yes.

Quest

Did you see a sleigh at the same time?

Answ.

No.

Quest. by

A. A. Gen. Might there not have been a sleigh there which you could not see from your cham|ber window? I'll put the question a little more par|ticularly—Is not the make of the ground such, that if a sleigh was standing near the fence at the well, you would look over it from your window, in looking at the well?

Answ.

I don't know; I never minded.

Quest. by Prisoner's Counsel.

Is there any house near your's?

Answ.

There is one, a red house, about _____ _____ yards off.

Quest

Did you go to the well the next morning to make any examination?

Answ.

No.

Quest

Did you mention this, or what you saw and heard to any body the next day?

Answ.

Not as I can remember.

THOMAS GRAY and SAMUEL SMITH—two lads, were next called, the one 11 the other 13 years of age, but being asked by the court, if they knew what an oath was, they said they did not, and being asked, said that they could not read, and did not know what an oath required of them. They were rejected as incompetent.

JACOB CAMPBELL.

—I know nothing about this affair of my own knowledge.

HENRY ORR

—On the 22d of December, af|ter dark, I went from my house near the Union Fur|nace, to a house near Mr. Benson's, and I staid there, I should judge about an hour, and then came down, and when I got near Lewis's fence, I heard a cry in the direction of the baloon house; it was the voice of a woman, towards the well in distress.—When I got nearer the well I heard another cry, but the se|cond cry was not so loud as the first, but rather smo|thered.

CROSS-EXAMINED.

Quest

When was this—what time in the evening?

Ans.

It was six or seven minutes before, or six or seven minutes after nine.

Quest

How do you know that this was the time?

Ans.

I am sure it was near nine when I left Henry Luther's, the cartman, near Col. Benson's.

WILLIAM A. BLANCK. The witness appear|ing very young, he was asked by the Court how old he was? he said about thirteen. He acknowledged he could not read, although he had been at school, but he sometimes said his prayers. Being asked if he knew what an oath was, he said he did not. He was set aside.

ANDREW BLANCK, father to the boy.

Quest. by Assist. Att'y. Gen.

Pray sir, what is your son's age?

Ans.

He is thirteen?

Quest. By the Court.

Can he read?

Ans.

No, I believe he cannot.

Court..

Go on, sir.

One day my son brought home a muff which he said he got in the well. I went the next day to the well, and looked in, but I saw nothing. I discovered a sley track about eight or ten feet from the well, and I saw men's tracks to the well and about it, and a good deal of tracking on the lower side of it; one man's track I noticed from the well to the road.

Quest. by Attor. Gen.

Will you describe the track—was it large or small?

Answ.

The foot was large, with a heel to it, flat.

[Mrs. Ring being called, and asked what kind of shoes Elma wore, she said her shoes had no heels to them, and her feet were slim and rather long.

CROSS-EXAMINATION.

Quest.

What day was this, sir?

Answ.

The muff was found the Tuesday before Christmas, and I went there on Christmas day.

Quest. by Attor. Gen.

What sort of a slay track was it you saw?

Answ.

A one horse sleigh.

☞ Here several of the Counsel made a request to the Court to adjourn till next day, as it was now half past one in the morning, and it seemed not very probable that the Trial could be disposed of till some time in the night following. The Court seemed dis|posed to sit, but some of the Jury informed them that it would not be possible to keep themselves sufficiently awake to attend, upon which the Court, concluded to adjourn till 10 o'clock next day, and two constables

were sworn to keep the Jury together till morning, in some private and convenient place; and two more were sent to wait upon them and bring them what re|freshments they might want.