TRIAL OF WILLARD CLARK. // Wr OF 1 ((attorney at law] MCHkMLiS, jSSSKrHT. DEFENSE —INSANITY. y REPORT . - OF THE TRIAL OF WILLARD CLARK, INDICTED FOR THE MURDER OF RICHARD ¥. WIGHT, BEFORE THE SUPERIOR COURT OF CONNECTICUT, HOLDER AT NEW HAVEN, ON MONDAY, SEPTEMBER IT, 1855. BY H. IT. MC FARLAND, ASSISTED BY THE COUNSEL FOR THE STATE AND DEFENSE. NEW HAVEN: THOMAS II. PEASE. T. J. STAFFORD, PRINTER. MDCCCLY. PREFATORY NOTE. It is believed tliat this case, involving, as it does, a difficult and delicate question of insanity, has had few or no equals in its medico-legal importance, in the jurisprudence of this country or of England. Such a case, properly reported, can- not fail to throw light upon trials of a similar character here- after, and be of much service to the cause of Justice. Those, therefore, who have been engaged in the preparation of this volume, have spared no pains to secure its completeness and reliability. The testimony as taken during the trial, has been carefully compared with the copious minutes of the counsel. All the arguments have been written out by the gentlemen who made them, and the presiding Judge has kindly furnished his charge to the Jury. The reporter returns thanks to all who have assisted him. lie is under special obligations to Henry B. Harrison, Esq., whose labors have been as untiring, as they have been valu- able. TRIAL OF WILLARD CLARK. At the June Term of the County Court, held at New Haven, within and for the county of New Haven, on the sixth day of June, A. D. 1855, the Grand Jury returned the following indictment against Wil- lard Clark. State of (fonnceiicut. County of New Haven, ss. New Haven, 6th day of June, in the year of our Lord one thousand eight hundred and fifty-five. To the Honorable County Court of the County of New Haven, now sitting in the town of New Haven, aforesaid, within and for the said New Haven County, on the first Tuesday of June, in the year one thousand eight hundred and fifty-five: The Grand Jurors within and for the said County of New Haven, from the body of the County, on their oaths do present and inform that at the said Town of New Haven, in said County of New Haven, on the 28th day of April, in the year of our Lord one thousand eight hundred and fifty-five, Willard Clark, of said Town of New Haven, with force and arms, in and upon the body of one Richard W. Wight, of the said Town of New Haven, in the peace then and there being, feloniously, willfully, and of his malice aforethought, did make an assault; and that the said Willard Clark, a certain pistol of the value of two dollars, then and there charged with gunpowder and one leaden bullet, which said pistol, he, the said Willard Clark, in his right hand, then and there had and held, then and there feloniously, willfully, and of his malice afore- thought did discharge and shoot off", to, against and upon the said Richard W. Wight, and that the said Willard Clark, with the leaden bullet aforesaid out of the pistol aforesaid, then and there by force of the gunpowder aforesaid, by the said Willard Clark discharged and shot oft' as aforesaid, then and there feloniously, willfully, and of his malice afore- thought did strike, penetrate and wound him, the said Richard W. Wight, in and upon the right side of the head of him, the said Richard W. Wight, giving to him, the said Richard W. Wight, then and there with the leaden bullet aforesaid, so as aforesaid discharged and shot out of the pistol aforesaid by the said Willard Clark, in and upon the right 6 TRIAL OF WILLARD CLARK. side of the head of the said Richard W. Wight, and a little above the right ear, one mortal wound of the breadth of one inch, and of the depth of five inches, of which said mortal wound, he, the said Richard W. Wight, on and from the said twenty eighth day of April, one thous- and eight hundred and fifty-five, until the first day of May, one thousand eight hundred and fifty-five, at the said town of New Haven, in the County of New Haven aforesaid, did languish, and languishing did live, on which said first day of May, one thousand eight hundred and fifty- five, he, the said Richard W. Wight, at the town of New Haven afore- said, of the mortal wound aforesaid, died. And so the Grand Jurors aforesaid, upon their oaths aforesaid, do say that the said Willard Clark, him, the said Richard W. Wight, in the manner and by the means aforesaid, feloniously, willfully, and of his malice aforethought, did kill and murder, against the peace of evil example and contrary to the statute in such cases made and provided. [Endorsed] A True Bill. Green Kendrick, Foreman. On motion of the prisoner’s counsel, II. B. Harrison, Esq., the case was then continued to the September term of said Court. By an Act of the General Assembly of Connecticut, May Session, 1855, passed after the finding of the above bill of indictment, the County Court was abolished, and all cases pending therein, were trans- ferred for trial to the Superior Court. SUPERIOR COURT FOR NEW HAVEN COUNTY, September Term, 1855. Hon. William W. Ellsworth, Presiding Judge. Hon. John D. Park, Associate Judge. E. K. Foster, Esq., State’s Attorney, James D. Keese, Esq. For the State, ’ For the Prisoner, Charles Chapman, Esq., Henry B. Harrison, Esq. Monday Afternoon, September 1*1 th. Court opened at 2 o’clock. The prisoner was arraigned and plead not guilty to the indictment. Mr. Chapman then said: In the preparation of the defense in this case, may it please the Court, we have taken various depositions in other States, which we propose to introduce. We understand that the Attor- ney for the State will object to their admission, on the ground that he was not personally, or by his associate, present when they were taken. We are as ready to settle the question now, as at any other time, and therefore propose that if objection is to be made, it be now made, and the point determined. The State’s Attorney objected to the admission of the depositions TIilAL OF WILLAKD CLARK. 7 on the ground that although the Attorney for the State had appeared before the Commissioners who took the depositions, at the time of the taking thereof, and had claimed a right to be present at the taking of the depositions, and the further right to propound cross interrogatories to the witnesses, verbally, and also in writing, he, the Attorney, had been denied by the said Commissioners the exercise of the rights so claimed by him. In reply, Mr. Chapman, admitting that the State’s Attorney had made before the Commissioners the general claims referred to by the State’s Attorney, insisted that the Commissioners had proceeded accord- ing to law, in overruling the said claims of the Attorney, and in refusing to permit him to be present at the taking of the depositions. [By the cer- tificates of the Commissioners, appended to the depositions, it appeared that no counsel, either for the State or for the prisoner, were present at the taking of the depositions; but that the State’s Attorney had ap- peared before the Commissioners and made his claims aforesaid, and that his said claims had been overruled by the Commissioners.] The Court after taking under consideration until the next morning, the objections of the State’s Attorney, overruled the objections, and held that the depositions, having been duly taken in accordance with the provisions of the Statute, (Compilation of 1854, p. 351,) were admissi- ble. The Statute is as follows : “ Whenever in any prosecution pending before the Superior or County Court, it shall be made to appear to such Court or to the Judge, who shall have been designated to hold the next term of said Court, that the testimony of any wit- ness or witnesses will be required, who by reason of sickness, bodily infirmity, or residence out of this State, cannot be had in person before such Court, on the trial of such prosecution, such Court or Judge may upon the application of such person so prosecuted, order that the depositions of such witness or wit- nesses shall be taken before a Commissioner or Magistrate, to be designated by such Court or Judge ; provided that no such depositions shall be so taken until after reasonable notice shall have been given to the Attorney for the State, in the County in which such prosecution shall be so pending, of the time and place, when and where such examination shall be had, and of the inter- rogatories to be propounded to the witness or witnesses; and said Attorney may, within such time as such Court or Judge shall limit and appoint, file with the Clerk of said Court, where such prosecution shall be pending, additional interrogatories to be propounded to the witness or witnesses to be examined; and depositions so taken and opened, and lodged on file with the Clerk of said Court, within such time as said Court or Judge shall direct, may be used on the trial of such prosecution.” Thereupon the Jury were called by the Clerk, and after various chal- lenges, the following Jurors were duly impanneled and sworn for the trial of the cause. David B. Hurd, Waterbury, Foreman; Elam Cook, Bradley Miles, Cheshire; Elali Camp, Hinsdale S. Rice, Meriden; Oliver Mitchell, Southbury ; Thomas W. Holbrook, John R. Davis, George Tomlinson, Oxford; Ezra S. Sperry, Bethany; Stephen U. Cowell, Waterbury; Denison D. Lambert, New Haven. Court adjourned. 8 TRIAL OF WILLARD CLARK. Court opened at 9 o’clock. The State’s Attorney opened the case on behalf of the Government, substantially as follows : Gentlemen of the Jury : The charge against the prisoner in this ease is for the murder of Richard W. Wight, on the 28th day of April last. At that time Wight was shot, and shot by the prisoner. lie was then living at the house of his father-in-law, Mr. Bogart, in West Chapel street. A plan of the house I here submit to you. [The Attorney exhibited the plan to the Jury.] We shall show that on the day in question the prisoner called at the house at four or five in the afternoon, and inquired for Mrs. Wight and perhaps her husband. Neither of them were at home. He re- mained for a while, and had some conversation with Mrs. Bogart relative to Wight’s contemplated removal to another residence. He then left and afterward came in while the family were at tea. When they had finished tea, Mrs. Bogart, Mrs. Wight and her husband, rose and went into the front room. Clark went in with them. Here, while Wight was in a kneeling position, tying up a bundle, Clark placing the pistol directly in front of the right ear, discharged it. Wight fell, and continued in a state of insensibility until the first day of May, when he died. I think we shall show from the attendant circumstances and declarations subse- quently made by the prisoner, that the deed was perpetrated and done with express malice. If so, we shall ask, at your hands, a verdict of guilty. Having closed his remarks, the Attorney proceeded to the Tuesday Morning, September 18th. TESTIMONY FOR THE STATE. Henrietta M. Bogart, called and sworn.—I knew Richard W. Wight. He was the husband of my daughter. I know the prisoner. He came to our house on Saturday afternoon, April 28th, about 4 o’clock, and asked for the girls. I told him they had gone. He asked me where. I told him I could not tell where they had gone; they had gone to make calls. He asked me if they were going to leave home that day. I told him yes, I supposed they were. He said, do you want to have them go ? I said, of course I would rather they should stay at home. Mr. Clark said, she is young, and ought not to leave home, and said he wanted to see her before she left home, and talk with her. I told him that he could not see her. He asked when they would be home. I told him I could not tell him. He said, what time will they leave home to- night? I told him I could not tell him. He said, I want to see the family all together before they leave. I told him he could not. I also requested him not to come there again. I said, don’t come up again. That was all that occurred in the afternoon. Between six and seven on the evening of the same day, he came in by the front door, passed through the hall, to the back hall, to the back room door. Clark came in and said, good evening, Mrs. Bogart. I said, good evening, and took some things that were to be packed and carried them into the parlor. TRIAL OF WILLARD CLARK. 9 Mrs. Wight followed me, and her husband followed her. Mr. Wight said to me, mother, give me half of the things, you can’t put them all together. I then gave him half the things, and he was kneeling when I left the room, tying them up. I left the room to get a cord to finish tying them. I left the front room, and went into the hall upon the stoop. I had been there a short time -when I heard the report of the pistol. Mrs. Wight came through the hall screaming—came to me and threw her arms around my neck, and said, mother, mother, mother, Willard Clark has killed Richard dead. Her father came and took her away from me. I went directly around the house. I met Mr. Horace Dibble, and said to him, go for somebody. He went directly for an officer, and then came back to the house. He came to the back room and sat by Mrs. Wight. I did not immediately go into the room where Wight wras. I did so soon. He was lying on his left side on the floor. I went to him, put my hand around his neck, and spoke to him. He groaned, but gave me no other reply. He lived three days after this. He died in the morning, on the first day of May; on Tuesday morning. He said nothing in my hearing, after he received this wound. I had never heard Clark make use of threatening language in regard to Wight, except once. That was January 1,1855. He came up to our house. Mr. Wight called—came into the back room. He was not then married. He came in where I was sitting, with Mr. Clark. After Mr. Wight left the room, Mr. Clark said, that fellow will reap his reward. Mr. Wight went into the parlor. Mr! Selvin, Mr. Nettleton, and my two daughters, Henrietta and Isabella, were in there. I said, what fel- low? He said, Dick. Wight’s name was Richard. I said to him, what has he done ? He said, he’s done enough. When Clark called the second time on the 28th of April, Mr. and Mrs. Wight and her sister and myself were in the room. He had no conversation with any one that evening. He spoke as usual, when he said good evening. Cross Examined.—I cannot say precisely how long I have been ac- quainted with Mr. Clark; between six and seven years ago. We moved to West Chapel street a year ago last May. Previous to that we lived in Day street one year. When we went to Day street we moved from the corner of George and Broad streets. We lived there seven years. When I first knew Clark he was not in business. He was clerk in a grocery store, in Mr. Wm. Parma!ee’s store, on the corner of George and York streets, the same place where Clark afterwards kept himself. Since Clark has been in business, he has occupied the same store all the while. That store is two squares from our former residence on the corner of George and Broad streets. His acquaintance with my daughter, Mrs.. Wight, commenced in 1852. Her name is Henrietta Maria. This was the first knowledge I had of their acquaintance. He had known her when she was a little school girl. In going to school she was obliged to pass his place of business. She occasionally went in there as did other children. I sometimes sent her there to make small purchases. I first knew of any attachment of his, for her, in July, 1852. He had called at our house previously. I can’t say when he began to. It wras not as early as 1850. It might have been in 1851. In July, 1852, he 10 TRIAL OF WILLARD CLARK. called, and thence he called statedly. His stated calls began on the 4tli of July, 1852. The purpose for which he called was not avowed to me on that occasion. It was not avowed to anybody, so that it was com- municated to me. After July, 1852, he called once or twice a week. He ordinarily called on Sunday evening—the other evening was when it was most convenient for himself. From July, 1852, I knew that these visits were made to my daughter Henrietta. Mr. Chapman then asked when the witness first knew of Mr. Clark’s attachment to her daughter. Objected to by the Attorney, as being im- proper at this stage of the case. Referred to 1st of Greenleaf, sec. 445, 447. In reply to this, Mr. Chapman went into a detailed statement of the course the defense intended to adopt, saying that the inquiry he was putting was intended to throw light on the state of mind in which the prisoner was, when he committed the homicide. The question was allowed, and the cross examination proceeded. Cross Examination resumed.—I was informed of the attachment of the prisoner to my daughter during that summer. I had conversation with him, on that subject, during the summer. He did not ask my consent to their marriage during that summer. He did propose then, to Henrietta, and the engagement was entered into. These visits continued down to January 1, 1854. He sometimes came in several times a week. My daughter communicated the engagement to me as soon as it was made. She was fourteen years old in the summer of 1852. She is now in her eighteenth year. I do not recollect when I first conversed with the prisoner about the attachment. In July, 1852, he went to Waterbury for her. He brought her home. Some time after that I had a conversation with him ; it was in the summer. He said he liked her appearance from a child. She did not appear like most children ; he could never approach toward her as he could toward other children. He said that if he attempted to go toward her, she would leave the store. He could never take hold of her, and play with her as he could with other children, and therefore he liked her. He asked her if she could not like him. He did not say anything about her attachment for him. He did not say they had entered into a contract of marriage. No one was present at this conversation but he and myself. I don’t recollect whether he told me that she had an attachment for him. It was during the summer that he spoke of that. Mr. Wight lived in the same house that we did on the corner of George and Broad streets. He came there about July, 1852, and lived there about a year. He walked with Henrietta, and paid her some attention, only through Mr. Clark’s permission, until the breaking of their engagement. There were two families in the house, that of Mr. Wight’s brother-in-law, and our own. He frequently visited in our part. During the summer of ’53 and ’54 he occasionally called. And during this time he paid some attention to my daughter. His particular atten- tions to my daughter commenced January 1, 1854. Previous to that he didn’t always call for her when he came to see us. I did not suppose that he intended to marry her, before that time. I do not TRIAL OF WILLARD CLARK. 11 recollect having conversations with Clark about Wight’s attachment, previous to January 1, 1854. I had supposed there might be such a thing as an attachment to Henrietta, on Wight’s part, before January 1, 1854. At this time the engagement between the prisoner and my daughter was broken up. The fact that she had determined to break off the en- gagement was communicated to Clark by Henrietta herself. I con- versed with Clark on that subject, that night. He asked Henrietta for me. I went into the room. He asked me if I had anything to do with the breaking of the engagement. I told him that I had not. He Avanted to know if I had done anything to influence her. I told him that I had not, but that I should not urge a daughter of mine to marry a man unless she loved him. At other times she had told Clark that she had no attachment for him. She said that night that she could not marry him; she had her reasons for it. She said, I don’t want you, and I can’t marry you. Up to May, 1853, when we moved, she loved him, I think. After this it became apparent that she did not love him. It was about that time that she told him that she had no attachment for him. During that season she communicated this fact to him a number of times, and Mr. Clark spoke to me about it, and asked me if I did not think that she liked him; I told him the time had been when she liked him, but you know what' your conduct has been, and she is capable of hating you as much as she ever loved you, if she ever loved you at all. Between May, ’53, and Jan. 1854, I had several times told him the same as to tell him that she did not care about him. During this time, he thought an early marriage between them would be best. He said he had told Mr. Parmalee of his troubles, that her father was averse to it, and that Mr. P. advised him to marry soon. He did not urge it, that summer, as I know of. The night the engagement was broken, he told her that he wanted to be married the next Sunday. This was Sunday night. He said, I have told that I am to be married next Sunday eve- ning ; will you be married ? She said no. She said to him, if you can’t wait until May comes, I will not have you. He then desired a note of dismissal, which she gave him. This was the first I knew that she was going to break off the engagement. She had previously told me and him, that she did not like him well enough to marry him. He told her that evening, that if she would not marry him, he would thank her for a written dismissal. He left the house that night about 9 o’clock in the evening. My daughter married Mr.Wight on the 12th March, 1855. Previous to Jan. 1854, my daughter had denied herself to Clark, absenting herself when he called and going away when she knew he was coming. She re- fused to see him, and while in the room with him, exhibited a disinclina- tion to converse with him. He remonstrated with her about this, and in reply she said she could not love him. In these conversations he oc- casionally asked if Wight called there, lie was told that he did. He asked, what for ? He was told that he called as an acquaintance. I do not recollect that he ever intimated that Wight had supplanted him. 12 TRIAL OF WILLARD CLARK. Jan. 1, 1854, Mr. Wight came to our house and said his father was up from New York, and wanted him to have a party before he went home. It was to be on Monday night, Jan. 2d, and on that night Henrietta told Mr.Wight that the Clark engagement was broken off, and from that time until March, 1854, Wight visited her. From March, 1854, to Oct. 10, 1854, he did not visit her. During this time he was in the city, board- ing at his sister’s. I do not know when Wight and my daughter were first engaged; it wras communicated to me only a short time before they were married. During their engagement, Mr. Clark made presents to my daughter. He furnished her with a melodeon between March and October, 1854. It came soon after Wight left coming there. He said to me, wouldn’t Henrietta like a melodeon ; I said yes, but it would not be proper for you to get her one; the engagement is broken off, and she will never take anything more from you. He said, why not take it from me, as well as from another ? I said, it will make talk, and will not be proper ; you know she will never be anything more to you. He said, I will give it to you for her, and if she should marry a man that should be- come jealous on account of the melodeon, I will take it back if she wants me to. He had previously given her an accordeon and some other little things. Those things were sent back to him, very soon after the engage- ment was broken off'; I think during Jan., 1854. He was at our house, before it was done, however. He was there occasionally, and solicited me to interfere with Henrietta, and have the engagement revived. He solicited her, also. I told him I didn’t think there would be any use in it. I told him once, that I was glad that the engagement was broken off, for there was not any similarity in their dispositions. He solicited me often. It was to put an end to those solicitations that the presents were returned. He sometimes told me when I told him that Henrietta did not love him, that I was mistaken, but not always. When Henrietta told him too, that she did not love him; I don’t know that he told her that she did love him. It was after the bracelet and accordeon had been returned, that the melodeon conversation was held. My daughter played the melodeon and guitar, and sang. He, Clark, played a violin and flute, but did not sing. In May, 1854, the melodeon came. Court adjourned. Tuesday Afternoon, September 18th. Court opened at 2 o’clock. Cross Examination of Henrietta M. Bogart, continued.—When the melodeon came back, Mr. Clark did not come with it. It was taken away not long after Wight recommenced his visits. Clark desired her to take music lessons. Mr. Moulthrop was the teacher he procured for her. She took lessons, perhaps a quarter. He procured no other teach- ers for her. He sent her to dancing school during their engagement. The occasion of sending the melodeon home was that Mr. Wight had asked her whose melodeon it was. He then asked her to take no more lessons, or to play it at all, and she did not. I said to him, you should TRIAL OF WILLARD CLARK. 13 not find so much fault. I told Mr. Clark what had passed between me and Mr. Wight, and he said there could be no harm in her playing it. I said, it’s Mr. Wight’s wish that she shouldn’t play on it, and she won’t. I wrote to Clark to come and take it away, and he came for it himself. There was an appointment at Clark’s request, while the melodeon was there, between Henrietta and Clark, for a music meeting. I don’t re- member when. I don’t remember whether he was to bring any other persons with him. Clark came at the time appointed. My daughter was not there. I suppose she went away to avoid seeing him. When Clark came, he asked me where she was, and I told him she had gone away. He said it was strange that she should go away. He did not tell me why. I do not know of his appointing a time for musical inter- views at any other period. I never communicated to Clark that my daughter was to be married to Wight. He asked me if she was going to marry him; I avoided an- swering him. I don’t recollect when it was; not a- great while before they were married, I should think. I told him, I don’t know that it is anything to you. He said he thought it was. I said, I don’t know why it is, for she certainly never would have had you. I don’t recollect that he said anything in reply to this. I think he did not. Between Jan. 1, 1855, and March 12th, when my daughter was married, he did not come to our house frequently; there were, I think, two intervals of six weeks, when he didn’t come ; sometimes he came two or three times a week. After the marriage he called. He said he wished to be considered a friend of the family ; this was very soon after the marriage. He said he wished to be considered just as much her friend as he ever was ; he wished to be considered as a brother, or friend. After the marriage, and between that and the death, he did not call frequently at the house. There were intervals of at least a week between his comings. I don’t know the number of times he came after the marriage; I can’t tell how many times; there was a week that he didn’t visit. I did not know that he had been out of town, the first Aveek after the marriage. When he did come, my daughter Henrietta was not present. I well recollect his bringing me a writing after they were married. I don’t know to whom it was addressed. I read it; I didn’t deliver it to her. Clark asked me to hand it to her. I refused. I didn’t think it proper. I told him I would not hand it to my daughter. I cannot state what was in it. I should think it covered a side of letter paper. I looked it over. I think it was likely that the writingsaid that my daughter had been constrained to marry Wight. Clark had said that to me himself. I recollect Clark said, why don’t you read it, Mrs. Bogart, you don’t understand it, do you ? I do not remember that the writing said that Wight had married my daughter to victimize her. He had told me that before. I cannot re- collect enough to make anything out of the letter. It Avas a writing that he had no business to gure me. I cannot precisely recollect anything in it. I cannot state what was in it. As I glanced over it, I thought there was nothing in it fit to be communicated. If I make one answer, that will lead to another question. He had no business to give me any such 14 TRIAL OF WILLARD CLARK. writing. The idea of it was that she was improperly living with her hus- band. I do not recollect any more. He had, on another occasion when he came to our house, what he called a sermon. It was addressed to no one, within my knowledge. He read it himself. It had no text. It was of a religious character. It was on a common sheet of paper. He only came there with two writings, at all. Clark told me after the marriage that he didn’t think that Mr. Wight cared anything for Henrietta. I understood from what he said that Wight married her to prevent his having her. He claimed that it was an improper marriage. I believe he said that Wight didn’t love Hen- rietta. I think he claimed that Hemietta did not love him, Wight. I do not remember that he said that Wight hated her. Clark said that my daughter ought not to leave home. I recollect hearing him say so, twice. There was no time when my daughter and her husband intended to move out of town, or to any other place than that to which they final- ly concluded to remove. That night they had concluded to remove to Hill st., to his brother-in-law’s. That afternoon, when he came up, he said she was young and ought not to go from her father’s house. He said that she was going where they were not capable of appreciating her worth. I told him she could come home any time she chose; he said, I don’t know about that. He said she had ought to remain under her mother’s care. In the letter, he said that Wight meant to make a concubine of her. He did not tell me, on this Saturday afternoon, that he would come down, or that he would like to come down in the eve- ning and expose Wight’s designs before my daughter, and all the family; he said he would like to see all the family together in the evening; he did not say what he wanted to see them for. In conversations, he had intimated that Wight left my daughter from March, 1854, to Oct. 1854, because he, Wight, had treated her illy. This was before her marriage. He said he thought so. He said that nothing wrould make any differ- ence with him, he would marry the girl if he could get her. I suppose likely enough he thought there had been an improper intimacy between the two. There was not the slightest foundation for this. He, Clark, said he didn’t think Wight was a bit too good for anything like that. He said he thought that it was singular that she should fancy Mr. Wight. There was nothing ever said by him that Henrietta should give him an explanation of his dismissal, at a future time. He asked for an explana- tion ; she said she had no explanation to give him. After the marriage, in one conversation with me, Clark claimed that Henrietta loved him. I don’t know that he attempted to account for the fact that while she loved him, she had married another. The melodeon was brought back to our house after the marriage. He came to our house and said he had got to move the melodeon from Mr. Johnson’s, for they were going to move. I asked him why he didn’t move it to his store and let his sister have it. He said he didn’t want to let her have it. She could not play on it. He said he wanted my youngest daughter to have it. I consented to have it brought back to our house after Mr. Wight had consented to have it. I can’t tell exact- TRIAL OF WILLARD CLARK. 15 ]y when it was brought back. After it was brought back, he came there one evening with Mr. Munson and Mr. Moulthrop. My daughter was in the other room with her husband. She did not come into the room. He went into the room where they were and asked for something to fix his flute with, then immediately returned. He did not sit down. On all occasions after the marriage my daughter declined conversation with him. They never had any conversation, to any extent, after the mar- riage. He said he wanted to talk with her; but she refused to say any thing at all to him. Examination resumed.—During all the time from May, ’52, to Jan. 1854, Mr. Clark gave to my daughter an accordeon, locket, bracelet and a few other little things. During this time, he wanted her to go to dancing school. He provided a teacher and wished her to attend. She went one quarter, and also took music lessons of Mr. Moulthrop. That is all, in the way of teaching, and of presents. While Wight boarded in the house with my daughter, Clark and Wight were friends. She never went out with Wight, unless Clark told her to; when he could not go. It was improper conduct on Clark’s part that broke up the match. At one time, he had an improper paper or verses in his pocket. She asked what they were; he gave them to her; I saw them. They were vile. When he came back, he asked for them. They were given to him. I had them. He came another time with them in his pocket. She asked if they were the same ones. He said they were. She took them and burned them, saying they were not fit for any decent man to carry in his pocket. Mr. Chapman objected to these inquiries; he could not see to what this tended. The Attorney claimed a right to make them, to rebut the idea that a pure and holy affection on the part of Clark, had been foster- ed and then wantonly crushed by Miss Bogart or her parents, and to show that it was on account of his own bad practices, that Clark’s suit was by them broken off. Mr. Chapman thought that tire question had been argued by the At- torney, simply as if this case was a case of breach of promise of mar- riage. The Court decided that the testimony should be admitted. Except- ed to by Mr. Chapman. Examination resumed.—Clark said one evening, at our house, that he would knock Henrietta stiff. I heard it, from an adjoining room. It was not a great while before the engagement was broken off'. He said, if ever you become my wife, and act as you do to-night, I’ll knock you stiff. I judged he was angry by his tone of voice. After the engage- ment was broken off, the accordeon and bracelet were returned, and I then received a note from Clark. It is this one. [The Attorney exhibit- ed one, which the witness identified. The Attorney proceeded to read the note. It was directed to Mrs. Bogart, and was as follows:] Mrs. Bogart:—I know not how I could have been led to reproach Henrietta as I have done, and it seems as if the loss of her esteem would have been full 16 TRIAL OF WILLARD CLARK. punishment for the grievous wrong I have done her. But inasmuch as she has felt called upon to thrust back upon me all the mementoes of my kindness, I cannot refuse them, except the bracelet, which being paid for by her, was not a gift of mine. So I humbly pray to be relieved from that. With lasting esteem, WILLARD CLARK. He sent the bracelet back in this note. The engagement was never renewed. In none of my conversations with him after the engagement was broken off, did I design to have the engagement renewed, and I never said anything tending to induce that belief. The melodeon when brought back to the house after Wight had left her in March, ’54, was received by me for my daughter Hester. Henrietta knew nothing of its coming, when Clark came with it the first time, or the second. The second time it was brought there, I objected to receiving it. When the engage- ment was broken off, he wanted a letter of dismissal. She gave him one. This is a copy of it. [A copy was exhibited by the Attorney, which the witness identified. It is as follows:] As you wish me either to marry you in a fortnight or else give you a note relinquishing all claims upon your attentions, I tell you candidly that I prefer the latter alternative, and I therefore release you from all obligations toward me. She put her name to this letter of dismissal, which was given at the time of breaking the engagement. Cross Examination resumed.—The locket which I said Clark gave her, had his daguerreotype in it. It was given the 4th of July, a year after he commenced calling at our house. That locket was returned after the engagement was broken off. The daguerreotype was not in the case. Nothing was substituted for it. It was taken out because she did not want it in. I don’t know when it was taken out. She wore the case sometimes. The Attorney objected to this, as irrelevant. Testimony was admit- ted. I do not recollect that Clark ever said anything to me about the daguerreotype being gone; he wanted hers, and she would not give it to him. This was soon after he gave her his. She said she didn’t want to give it to him; she did not want that he should show her likeness to every young man that came into the store. When he said if you ever become my wife, and act as you have to-night, I will knock you stiff, I heard her say, if that is the case, Mr. Clark, I never will become your wife. This was shortly before the engagement was broken off. 1 he note Avas not received within a week after this threat. Speaking in the note, of having been led to reproach her, had reference I suppose to this threat, and other things that had happened before. I don’t recollect about the time of the note’s receipt; it was after the engagement was broken off. Henrietta M. Wight, called and sworn.—I was at my father’s resi- dence on the 28th of April, when Willard Clark came there. It was at 7 P. M. We were at tea. Myself, mother, sister and Mr. Wight, were in the back room. He said good evening. We remained there ten minutes before leaving. Mr. Wight, myself and my mother, got up and went into the front room. Clark followed us. My mother left the room. TRIAL OF WILLARD CLARK. 17 Clark was walking the room. He walked across the room, looked through the glass door, and then stepped back and shot him. I saw him. I saw what he did it with. I do not know where he went after that. I went out on the back stoop, and don’t remember any more. I was engaged to Clark from 1852 to 1854. It was broken off Jan. 1, 1854. Cross Examined.—At the time the pistol was discharged, no one was in the room but myself, my husband and Mr. Clark. There was no con- versation that evening between Mr. Wight and Mr. Clark. There was none in the front room between myself and Mr. Clark. Clark said nothing after he came into the house, except, good evening. He sat down in the back room, when he came in. He continued to sit there about ten min- utes. I don’t know whether Clark sat down in the front room. I did not speak to him at all that evening. I was in the front room before the act was committed, just time enough for Clark to walk the room three or four times. When the pistol was fired I was holding my little brother. He is 3 \ years old. I was standing up. He was in my arms. My husband was tying up a bundle, stooping down. Clark was not very far from him. I saw Clark put the pistol to his head. I did not say anything. Another family occupied the same house. My father had just stepped over the door-sill, coming into the house, when he saw the flash. In our part of the house were my father, mother, sister, brother, husband, and Clark. My sister, 15 years old, was in the back room. Mr. Bou- tell’s family was in the other part of the house. We cross the stoop to get to their part. Mrs. Boutell was there. I think her husband was there, but I don’t recollect. Mrs. Atwater and her son were also in the house. They lived up stairs. Her daughter was there at the time. They three were there at the time of the transaction. Her son is a man grown. Mrs. Pearl lived in the next house. The houses are near to- gether. I think Mrs. Allen lived in the house on the west side. It is not far off—some little distance. Isabella Bogart called and sworn.—I am the sister of Mrs. Wight. I was at my father’s house on the 28th of April, during Clark’s second call. He came in the front door, passed through the hall door, and sat down in the back room by the door. Mr. and Mrs. Wight, my mother and myself, were in the room. He said good evening, to mother. Mother went into the front room, Mr. and Mrs. Wight followed her, and Mr Clark followed them. I was in the back room standing by the table, in the middle of the room. I saw Clark step forward and look towards the back door. I was standing by a back window. He could see me. I stepped to the glass door, saw the flash, heard the report, and saw Mr. Wight on the floor. I went out on the piazza. I saw nothing of Clark. I observed him as he looked through the window. I stepped to the door as soon as he stepped back. I supposed he had gone to the store. Mr. Wight was lying on his right side, with his face toward the glass door. I saw no more of Mr. Clark. Cross Examined.—When Clark looked through the glass door, I was standing by the table. There was no lamp lit in either front or back room. It was between daylight and dark. I could see from one part 18 TRIAL OF WILLARD CLARK. of the room where I was, to another, and into the other one. I could see him, and he me, as lie stepped to the door. I supposed he had gone home until he stepped to the door. I saw the flash immediately after I saw him at the door. I didn’t see him when he went away. I went upon the back stoop immediately. Court adjourned. Wednesday Morning, September 19th. Court opened at 9 o’clock. Horace Dibble ' called and sworn.—I was passing the house about 7 o’clock in the evening. I heard the report of the pistol, which attracted my attention. Saw Clark come out of the front door. I stepped to the side gate. I stopped there a moment or so, and then passed into the yard. I met Mrs. Bogart. 1 went down after a policeman. I saw Clark after I got back with the policeman. I found the policeman at the corner of Chapel and High sts. I saw Clark when I came back with him, crossing York st. into his store. I went to the store, pointed out Clark to the policeman, an<} then came back to the house. When the pistol was fired, I was right between the two w indows. W7hen Clark came out, I did not speak with him. He went right down Chapel st. I did not hear Clark say anything about the affair. Cross Examined.—It was between daylight and dark, when I was passing the house. I went into the side yard, a moment after the re- port. I heard screams. They grew louder and louder. Clark came out, and passed right by me as I stood at the gate. I made no inquiry of him. He was walking in an ordinary gait. Mrs. Bogart requested me to get some one to secure him. I went for any policeman that I could find. I found Mr. Lee Dunning, on the corner of High and Chapel sts. High street is the second street east of the house. I went with Dunning right up Chapel st. to York, and down York to Clark’s store, on the corner of York and George sts. I saw Clark on the corner of York and George sts., by the school house, opposite his store. He was walking towards his store, just crossing the street, at his usual pace. He reached the store before we did. I did not go into the store, but saw him as 1 passed by the door, outside the counter. I was not within hearing, when Mr. Dunning spoke. Sherman W. Knevals called and sworn.—I live in West Chapel st., north side, nearly opposite Mr. Bogart’s. On the 28th of April, 1855, in the evening, just as it began to grow dark, I was at my front window, looking out, and my attention was drawn to a small crowd of persons on the opposite side of the street in front of Mr. Bogart’s. I saw there was some trouble there, and I passed over. I found Mrs. Bogart there. I inquired of Mrs. Bogart what the matter was; she said there had been a murder committed in the house. She pointed to the room where the inurder had been committed, and I went in. I went in at the front door, thence into the east front room. As I opened the door, the smoke of p0wder gushed out into my face. The first thing I saw was a man lying i>n the floor in an apparently dying state. I knelt down, and saw that he TRIAL OF WILLARD CLARK. 19 was bleeding, passed out and went to my house, and called Dr. Punder- son, who was there. We came back together. There was nobody in the room. The doors were closed. The man I found there, was Rich- ard Wight. I found wounds on him by the ear, and forward of the ear, on the left side of the head. He lay on his back when I saw him, with his feet to the east of the room. Charles Beers called and sworn.—I live at 41 York street, 165 or 170 feet from Clark’s store. There is no intervening building. 1 have known Clark seven or eight years. I know this pistol. I lent it to Willard Clark on the 28th day of April. He called at my house at 1 P. M. on that day, and inquired for William, my son. I told him he was down town. I asked him if he wanted to see him for anything in particular. He turned and came back, and asked if he had not a pistol. He said he had a cat that was half starved, around his store, and he wanted to shoot it. I told him William had two, a stub pistol and revolver. He said he wasn’t acquainted with revolvers; would prefer the other. I went up stairs and got it. He tried the trigger, and wanted a bullet to fit it. I went up stairs to get it, and found some fitted to the revolver; smaller than this bore. He dropped one into the pistol. It was small, and he dropped it into the pistol and then turned it back into his hand. He said it was small, but he could put a paper around it. I saw him again at my house about dusk. Mrs. Beers opened the door when he knocked. He said, here is your pistol. Mrs. Beers asked him if he had killed the cat. He said he had killed a two-legged cat instead of a four-legged one. My little daughter standing by, said he had killed a man. He asked if we had heard of it; said if we had not, we would to-morrow. He then went away. Cross Examined.—My little daughter is twelve years old. He was standing at the door when she said he had killed a man. He said, if you have not heard of it, you will to-morrow. He went immediately out, without haste. He looked natural; I saw no unusual appearance in his face. He seemed to have a pleasant expression of countenance, rather than otherwise. Mrs. Elizabeth A. Beers called and sworn.—I am the wife of the last witness. Clark called between the hours of twelve and one at our house, and asked if my son William was at home. Mr. Beers told him no, and he turned to go away. Mr. Beers asked him if he wanted anything particular of him. He turned, back and asked if he had a pistol. Mr. Beers told him he had two. I said, do you want the revolver or small one? He said, there is a starved cat I want to kill about the store. I said I was sorry to have him kill even a cat. Mr. Beers said he had better kill it than have it starve. I went up stairs to get the pistols, found them on the mantel and took them both ; got to the stairs with them, and Mr. Beers met me and told me that Willard wanted the small pistol, that he was not acquainted with the revolver. I came down with only the small pistol. Mr. Beers gave him the pistol. He snapped it and asked for bullets. Mr. Beers went up stairs and got some. Clark said they were small, but he could make them do by putting a paper round them. 20 TRIAL OF WILLARD CLARK. At dusk he called, and I went to the door, when he opened it and said, here is your pistol, giving it to me. I asked if he had shot the cat. He said, I have shot a two-legged cat. My little daughter said, you have killed a man. He wanted to know if we had heard of what he had done. My little daughter said no. I passed to the entry and said, I suppose it will be in the papers to-morrow. He had a very pleasant countenance, smiling ; I thought him joking ; he turned and went away. I have since seen him in the jail. I asked him what possessed him to do it. He said he felt that he had paid a debt that he owed. Cross Examined.—The interview between me and the prisoner in the jail was in the middle of August. Susan E. S. Beers called and sworn.—I was at home when Mr. Clark called for the pistol, but don’t remember much about it. When he came back with it, mother went to the door, and he handed it back. She asked him if he had killed the cat. He said, I have killed a two-legged cat, instead of a four-legged one. I said, I’ll bet you have been killing a man. He asked me if I had heard of what he had done. I gave no answer. I said what I did, before he asked me. Samuel Punderson, M. D., called and sworn.—I saw Mr. Wight soon after he was wounded. He was lying on the door, in the east front room. There was a wound on the right side of his head just above the ear. A small portion of the brain had escaped from the wound. I found the op- posite side sound. Believing the case to be a fatal one, I requested that Hr. Knight be called in council. There was another wound on the back part of his bead, probably caused by falling on a piano stool. When I first saw him, his breathing was very laborious ; in a half hour it became easier. He lived from Saturday, April 28th, to May 1st, in the morning. At three o’clock that afternoon, Drs. Hubbard and Blakeslee assisted me in a post mortem examination. On removing the upper part of the cranium, a bullet dropped into a wash-bowl near me. It was this one. [The ball was produced by the Dr. and shown to the Jury.] The sound was heard by the others in the room. I attended him while he lived. He was not sensible. I believe the wound caused his death. I had a conversation with Clark in reference to the ball passing through the head. Wight had a good deal of hair on his head, and after the wound was found, Dr. Knight and I conversed with Clark, Saturday evening. He was agitated. He could not recollect whether Wight was standing or stooping when the pistol wras fired. He said he thought he was a little behind him. He showed us the quantity of paper he put in as a wad. He appeared willing to tell what he knew. John Bradley called and sworn.—That afternoon I was in Mr. Will- iam Dickerman’s shop, opposite Clark’s store. He came in. He asked Mr. Dickerman if he had any caps. He told him he had. He pointed to his coat. Clark went towards it. He then stepped back and said, these caps are thick. Mr. Dickerman said they were English, and asked what he wras going to do. He said, to kill a cat. I said it was too bad, and he went off. TRIAL OF WILLARD CLARK. 21 Jonathan Knight, M. D., called and sworn.—I was called to see Wight soon after the wound. Dr. Hubbard went with me. Wight was lying down. Dr. Punderson had found the wound. The skin was discolored, and the hair. Probing, I found that the bone was perforated. The probe passed in easily, three or four inches; then there was a little resistance. I withdrew it. He was entirely unconscious, manifested the common symptoms of a man whose brain had been severely injured. I saw him the next day. In the morning there was more sensibility. He spoke incoherently, and shrank from examination. Before I saw him there had been another wound discovered, possessing some interest from the fact that some thought the ball had turned and gone out. It was not so. I think he died in consequence of the wound. I saw Clark that evening at the jail with Dr. Punderson. He said the pistol was held nearly perpendicular to Wight’s head. He said the pistol was four or six inches off his head. He said that after walking around the room, he went between him and the east side of the room, and the pistol was discharged from behind. He said there was a wad in the pistol. It was paper. He took a piece of newspaper and rolled it up, to show me how large it was. He said he didn’t know how Wight fell. He said there was a music stool standing partly in front of the inelodeon, on which he might have fallen. The legs might have inflicted the wound. He said that he could not tell what happened after the pistol was discharged. He said he was in a strange state. He thought he was there a long while, although he was told that he was there but a few, minutes. Cross Examined.—He seemed perfectly willing to tell me what he knew; he said he would tell me at once; he had no hesitation. William Dickerman called and sworn.—Mr. Clark called on me the afternoon of the 28th of April. He inquired for percussion caps. I showed Jjm where they were, in my pocket. He got them. He said they were heavy. I told him yes, they were English. I might have asked him what he was going to shoot. That was all. A. C. Blakeslee, M. D., called and sworn.—I attended Wight the 28th of April. When I got there, I found Drs. Knight, Punderson and Hubbard. They had examined the wound. I concur with Dr. Knight’s description of the wound. I was at the post mortem examination. I have no doubt that the wound produced his death. Martin Gunn called and sworn.—I have known Clark for a year and a half or two years before the shooting. When I was with Dorus Clark he was often there, and I became acquainted with him. I saw him once at the jail, since the shooting. He wanted to know what public opinion was. I told him that public opinion was that he ought to be strung up; I told him I thought the same. I said, I will ask your opinion. He said, I don’t care one damn what they do with me, as for myself; as for his friends’ sake he had rather go to prison and stay. He said that he was damned glad that Wight was dead and out of the way. He said, Gunn, you know how it is with me. When I was in the store, if I had a good novel, reading it, and anybody came in and I didn’t feel like 22 TRIAL OF WILLARD CLARK. waiting on them, 1 would tell them to go to the devil. I think this conversation was about two months ago. Cross Examined.—This was about sixty days ago. I was summoned, but have not thought much about it. I don’t know but I might have communicated it to some one. T have told Dorus Clark a part of the story. I don’t know when I told him, nor what part. I don’t re- member of telling any one else. All I know about it is that I was summoned. I went to the jail after milk; in the inside. Mr. Bryan hadn’t got through milking, and said I might go inside. I wanted to see what was in there. I had no other object. I can’t say whether or not I asked Mr. Bryan where Clark was confined. He let me in, and then I went where I chose. One man came to me in there, and asked me how business was, out. Clark was inside the cell; the door shut. His cell was upon the gallery. I went about the lower part of the prison, on the north side, before I went up. Clark’s cell was on the other side, in the gallery. I saw Clark and recognized him. I spoke first. I don’t know whether he was sitting up or lying down. I said, halloo, Willard. He said, halloo, you are the boy that used to stay at Dorus’, ain’t you ? I says, that’s so. I have related all the conversation that I remember. 1 have used the words which he used. Stephen G. Hubbard, M. D., called and sworn.—Have not heard Dr. Knight’s testimony. I attended the post mortem examination. My opinion is that Wight came to his death by a pistol shot. We found no traces of the wad. I saw Clark, in prison, a few days after the occurrence, the 3d day of May. He was then in conversation with Rev. Mr. Garfield. What he said, was, that he complained of having so many visitors, and that erroneous statements were put in the papers. He said he didn’t suppose any one would justify him in what he had done to Wight, but that he had had his revenge and was satisfied. Cross Examined.—I was not probably more than ten minutes at Clark’s door. I was at the jail, professionally. I went up to see the man whom I had never seen. I asked him one or two questions. His remark was drawn out by a remark, either of mine or Mr. Garfield’s, in relation to the state of public opinion, in regard to him. He asked what was said of him. I give Clark’s language ; it was as I have given it. He said nothing more on that subject. I left Mr. Garfield there, when I went away. I left, soon. Jesse Knevals called and sworn.—I was at the jail in the morning, soon after Wight’s death, and told Clark. It was a half hour after his death. Cross Examined.—This was about V or 8 o’clock in the morning. Charles Berkeley called and sworn.—About the time I went up Chapel street, I saw them lead Clark to the jail. They said he had shot Wight. I went up to Mr. Bogart’s house, found Wight on the floor. I staid there that night. I was there all the time until he died, except one night. He called for Lib., and for his father. He called the names of the company to which he belonged. He did not converse consciously. Eli H. Fenner called and sworn.—I attended on Wight about 11 TRIAL OF WILLARD CLARK. 23 o’clock, Sunday A. M. I staid with him until he died, at 10 minutes past 8 Tuesday A. M. Monday night he was deranged, and we had hard work to keep him on the bed. Once called for water. He suffered greatly, as much as any man I ever saw. Sometimes during the time, Monday, he seemed to be counting over work. David Atwater called and sworn.—I watched with Wight every night but one. His condition was such as Mr. Fenner has described. He was hardly conscious enough to suffer. Rev. J. M. Garfield called and sworn.—I visited Clark several days. I was there on Monday. I continued to visit him for two weeks. He manifested no reserve in giving accounts of the shooting. I recollect the conversation referred to by Dr. Hubbard. Cross Examined.—I was talking with Clark when Dr. Hubbard came in. I had been there an hour. I was in the cell with him between two and three hours. Clark said, as I think, he had owed Wight a debt and had paid it. I don’t know whether Dr. Hubbard was there then. When Dr. Hubbard was there, I think Clark said he had got his revenge. I think that what Dr. Hubbard said, was exactly what Clark said. I can- not repeat it to the Jury. My object in visiting Clark was to converse with him about his own condition. I am a clergyman, in charge of a church. The State here rested. The Prisoner’s Counsel proceeded to introduce the TESTIMONY FOR DEFENSE. Henrietta M. Bogart re-called, and cross examination resumed—My daughter did not see either of the writings of Mr. Ciark. I only read one word in the first writing, so as to remember it. I did read it over twice. Mr. Clark said to me then, twice, that my daughter was obvious- ly unhappy; he told me, perhaps you don’t understand the writing. He said he thought she liked him better than her husband, and that was the cause of her unhappiness. He spoke of improper intimacy between Hen- rietta and Wight, as the constraining cause of the marriage. He said he had a plan for the relief of the family. He proposed to have her leave her husband. I asked him what he meant by that, and what he meant by saying that she lived in such a state. I told him that she was mar- ried and lawfully married too. He wanted to know how I knew it, if I saw them married. I told him I did not. He said he had a relief for her. He did not propose to leave this plan to any judicious person. He told me what it was. It was to have her run away with him. There was nothing said about going west, or about her getting a divorce. He did not say that divorces were made in heaven. Nor have I said so to any one. He wanted to have her go and live with him. He didn’t say where. Our family has friends in New Jersey. Nothing was said about her go- ing there, with anybody, or for any purpose. Re-examined by the Attorney.—This was my second conversation with Clark, after my daughter’s marriage. It was a short time before Mr. 24 TRIAL OF WILLARD CLARK. Wight was killed. I think no one was present. Clark was not in the house a great while. In response to my inquiry as to why my daughter was not legally married, he said she did not love Wight; he said that in the light of Heaven, such a marriage was nothing. Henrietta M. Wight re-called., and cross examination resumed.—I was fourteen years old when I left going to school. It was in 1851. I knew Clark when I was twelve years old; have seen him frequently before that. It was not very often that I went into his store, on errands. He first began to show me attentions that attracted my observation, in 1852. He had shown me politeness before. He had called me into his store before this, sometimes when I was going to school. I never thought previous to 1852 he had attachment for me. Previous to 1852, he used to call with things occasionally, things purchased at his store. During the summer of 1852, he avowed his attachment to me. He commenced waiting on me 4th July, 1852. I went to Waterbury a day or two after the 4th, with Miss Barrows. I staid a week. Returned with Mr. Clark. He came up after me, remained there one night. He said he had busi- ness that way, and he would come and get me. He brought me home in the cars. Previous to this time, he had said nothing of an attach- ment for me. During this time, he wanted me to talk with him. It was at Waterbury. He wanted me to talk with him about an attach- ment. I told him I would not. I don’t recollect whether he proposed marriage then. I declined to talk with him on the subject of marriage. I told him I should not talk with him. In the course of the summer, Mr. Clark renewed his conversation on this subject. I told him I would ask mother. I did ask my mother. She said she had no objections if he loved me well enough, had a good char- acter, and could support me as a man ought to support a wife. At the next interview I told him what mother said, and entered into an engage- ment of marriage. That engagement was broken off January 1, 1854. Soon after the engagement was entered into, Clark was rather fretful sometimes. It was some time before the engagement was broken off, that I made up my mind to break it. I don’t recollect when I first told him that I had no attachment for him. I did tell him that I had no af- fection for him, some time before the engagement was broken. Don’t remember saying that I never had any attachment for him. I told him frequently that I did not like him. He insisted on those occasions that I did love him, and told me that I must love him. I first became acquainted with Wight when he lived in our house during the engagement. Once when I was walking with Clark, he was fretful because I didn’t keep step with him. He was a little angry about it. He did not say that there was some mystery about the reason why I wouldn’t keep step with him ; he asked me why I would not. I could most generally keep step with him. I do not remember that he left me and went on the other side of the street, because I would not; nor did I. I do not remember more than this one instance. Court adjourned. TRIAL OF WILLARD CLARK. 25 Wednesday Afternoon, September 12th. Court opened at 2 o’clock. Re-examined by the Attorney.—The immediate occasion of the breaking off of my engagement with Mr. Clark, were the verses and his threaten- ing to knock me stiff. When he threatened this, he had been attempt- ing to take improper liberties with me, and because I refused to allow them, he was angry. The Attorney asked the witness whether he ever told her on this occasion that the Massachusetts girl allowed him to do anything he wanted to with her. Objected to by Mr. Chapman, but allowed. Excep- tion taken by the prisoner’s counsel. I do not recollect that he did at that time, state so. He did say so on another occasion. I said, recollect, sir, you cannot do anything you please with me. The engagement was broken off soon after. His ex- hibitions of ill temper and the circumstances just mentioned, were why I told him I did not love him, and why I broke off the engagement. I told him he was fault-finding. I suppose he occasionally called other girls into his store, besides me, when I was a little girl. Cross Examination resumed.—It was a short time after these impro- prieties that the engagement was broken off. I am not positive that these improprieties occurred twice. If they did, the second was about the same time as the first. I had determined to break off this en- gagement long before this. I had hinted to him that I intended to. I don’t recollect that he, on this occasion, disclaimed any intention of having improper intercourse with me; he did not say that he did not wish to have sexual intercourse with me; he did not say that he wished to commit me to the performance of my marriage contract. The Defense now proposed to introduce their depositions. The Attorney stated that certain portions of the depositions were in- admissible, but waived all objections. The depositions were then read, and are as follows, in answer to the interrogatories preceding them: 1. If you are acquainted with "Willard Clark, when, where, how long and how well have you known him ? 2. If you have been acquainted with him, what were his character and dispo- sition when you knew him ? 3. When he lived in Chicopee, did you know him to be seriously affected in any way by any circumstances? If so, please state as particularly as you can, what those circumstances were, when they occurred, what effect they produced upon him and how he appeared and acted after their occurrence. 4. Have you seen him within the last six months ? If so, when did you so see him and how did he then appear? Deposition of Melville Duly.—Melville Duly, of the town of Chico- pee, in the County of Hampden and State of Massachusetts, being duly cautioned and sworn, doth in answer to the foregoing interrogatories de- pose and say as follows: 1. In answer to the first interrogatory he saitb : I am acquainted with Willard Clark. I first knew him in the fall of 26 TRIAL OF WILLARD CLARK. 1846, when he began to board with my brother, Joseph Duly. About two months after this, about the firstof November, A. D. 1846, he came to board with me, continued to board with me till June, A. D. 1847, when he went to another boarding place for a while. Afterwards he came back to my house about 1st of August and staid with me until May, A. D. 1848. I knew him very well all this time. This was at this town of Chicopee. 2. In answer to the second interrogatory he saith : His character was in all respects good. He was the best disposed fel- low I ever boarded. I never saw him in the slightest degree provoked or irritated all the time, he boarded with me. He was very amiable and kind and peaceable. Every boarder in the house liked him. 3. In answer to the third interrogatory he saith: He was seriously affected by a circumstance which happened while he boarded with me. The particulars of the circumstance are as follows. He became acquainted with a girl by the name of Almira Scott, in the winter of 1846, and became very much attached to her. He paid her a great deal of attention. She appeared to accept of his atten- tions. It was understood they were engaged to each other. They acted as though they were engaged, and courted as though they meant to have each other. Each appeared as though they were very much attached to each other. She boarded with my brother at the next door to my house. She wanted to go home to Maine, in May, A. D. 1847, on a visit. She left some of her clothes behind in Chicopee—said she was going home on a visit and told when she would return. He, Clark, borrowed money of me to give her to go home with. She did not come back at all, and word came from Maine in the lat- ter part of the Summer that she was married. Clark heard the news of her marriage. He did not believe it, he said. It affected Clark pretty bad—he was down-hearted and talked about it a good deal, but said he could not believe it, and was going to Maine to see if it was true. In the fall of 1847, he went down to Maine. I let him have money to go with. He was gone a week or two, when he came back to my house. He was altogether changed when he came back—came in the beginning of the evening. He seemed disconsolate, and down-hearted—didn’t eat any supper, and in the evening shed tears about the affair—said she was married. After that when the folks were gone to bed, he did not want to go to bed but walked the dining-room to and fro, and cried, and took on pretty hard. At last I coaxed him off to bed. Frequently afterwards he would pace the room to and fro, silent and in thought. I used to ask him if he was worrying himself about that Scott girl, and he would say he was. I would try to reason with him and called him all the fools in the world, and tell him there were as good fish in the sea as ever were caught, and try to get his mind off the matter, but it would do no good. 27 TRIAL OF WILLARD CLARK. He would sometimes brighten up a minute or two and then relapse into his uneasy mood of mind. He used to sit and study away about some- thing as though he had nothing else to do. He got a dress from my brother’s house which belonged to Miss Scott and hung it up in his room, and kept it a long time—think it was there while he lived with us. The boys used to laugh at him but he wouldn’t let it go. The boys told him that he slept with the dress, and he said he had a right to. He did not seem to know half the time what he was about, after he re- turned from Maine. One Sunday he was fiddling dancing tunes, and I went up and told him he must not do that, and he said he was doing it to drive away trouble. Never appeared after the girl scrape as he did before—remained sad and cast down. He spent a great deal of time writing after he returned from Maine. Before the news came of the girl’s marriage, he was as cheerful and lively a man as I ever met. I can say without hesitation that that affair with the Scott girl changed him very much. He was altogether a different man. Never recovered his spirits during his living here after this affair with the Scott girl. At times he would talk freely and at other times he would not pretend to speak to any one, after this marriage of the Scott girl. He used after this disappointment, to jump up suddenly when he had been brooding over his troubles and rush back and forth in the room, and rub his head and sit down again, and in a few minutes jump up again and go through with the same movements. Was absent and thoughtful in his way and manner. He appeared about half out of his head. 4. In answer to the fourth interrogatory he saith : I saw him at Chicopee last March, the 19th day; he came to my house. I came home about sun down and found Clark there. I sat and talked with Clark about two hours. I noticed immediately that his mind was wandering. I couldn’t talk with him for he couldn’t talk on any sub- ject—he would skip from one thing to another. I could not stick him to anything. His mind was not steady. I saw something ailed him, and I said, “ Clark, it seems to me as if you acted as though you were in trouble.” He answered he was in trouble, but didn’t tell me what the trouble was. I spoke to my wife about his wild wandering ways. When at breakfast he would look up and laugh about nothing, and acted wild and strange then, and all the time he was here. He staid in Chicopee three or four days. I saw him again here. He acted as if his mind was not right and I told Joseph Keene so at the time. He was gloomy and sad and appeared troubled in his mind. Part of the time he would answer my questions quick, and then at other times he would be in a study and not answer for a good while. There was evidently something heavy on his mind. He ate very little—used to be a hearty eater. He acted this time a good deal as he did after his disappointment with the Scott girl, cast down and pacing the house to and fro in a sad, gloomy, thinking manner. He did not act right when he was here last—acted very strangely. Melville Duly. 28 TRIAL OF WILLARD CLARK. Deposition of George Babcock.—George Babcock, of the town of Chic- opee, in the County of Hampden, and State of Massachusetts, being duly cautioned and sworn, doth in answer to the foregoing interrogatories, depose and say as follows : 1. In answer to the first interrogatory he saith : I was acquainted with Willard Clark during his residence in Chico- pee, in the years 1846, 1847 and 1848. I knew him intimately—board- ed with him. 2. In answer to the second interrogatory he saith: His character was good. His disposition was amiable, kind and peaceable. I never was acquainted with any one I liked better. 3. In answer to the third interrogatory he saith: A circumstance occurred during his residence here, which seriously affected him. In the early part of his residence here, he became very earnestly attached to a girl of the name of Almira Scott. He said he was engaged to her. He and she were together most of the time, when not at work. They seemed very much attached to each other—courted pretty earnestly. She went to Maine on a visit in the spring of 1847. She left one of her dresses. Sometime after she had gone, news came that she was married. Clark heard .the story and talked with me about it. He tried to have me go through Maine to see her, and find out why she had abandoned him, and wanted me to get some books he had given her. He offered to pay my expenses. I de- clined going. He didn’t believe the story fully, until he went to Maine. The matter seemed to trouble him. I roomed with him, and that seem- ed to be his whole conversation. He concluded to go to Maine and went away. He came back in a week or two. He seemed to be very melancholy. He always after, so long as I boarded with him, seemed to have the matter constantly on his mind. I thought his disappoint- ment injured him. He was always a changed man after it. He did not appear after it as he did before. He seemed to brood over it. He took a dress of her’s and kept it in his room. And when he went away to another place took the dress with him. His mind seemed to be wan- dering away from the present, and he would sit engaged in thought without noticing anything. He acted strangely and wild, after his return from Maine. He used to start up frequently and pace the room hurried- ly, and irregularly. He seemed oppressed and weighed down by these matters. 4. In answer to the fourth interrogatory he saith : I saw him, Clark, last March, 19th or 20th, the first day he was herein Chicopee. Saw him three or four times during his stop here. He said he did not know but he should go to Maine and see Almira. He mention- ed that he had a love affair in New Haven, and that the way the Scott girl served him was not a circumstance to the way he had been treated in New Haven. He was absent-minded; as soon as I stopped talking with him he would fall into a silent, thoughtful way and seemed buried in deep thought. He acted in the same way he did after his disappoint- ment with Almira Scott. He was very different from what he used to TRIAL OF WILLARD CLARK. 29 be when I knew him before the affair with Miss Scott. lie used before that to be cheerful, gay and lively. Ever after, and when I saw him last he was sad, melancholy and cast down. Ilis mind wandered from one thing to another in a confused manner, and did not seem capable of sticking to any subject any length of time. George Babcock. Deposition of Olive Duly.—Olive Duly, of the town of Chicopee, in the County of Hampden and State of Massachusetts, being duly cau- tioned and sworn, doth in answer to the foregoing interrogatories depose and say as follows: 1. In answer to the first interrogatory she saith : I am acquainted with Willard Clark. I first knew him eight years ago last fall. He boarded with me about a year—am wife of Mel- ville Duly. I went to Maine and left him here. I knew him in this town of Chicopee, was very well acquainted with him. 2. In answer to the second interrogatory she saith: Mr. Clark was of a very kind and gentle disposition, generous and al- ways peaceable and in all respects his character was good. 3. In answer to the third interrogatory she saith: When he lived in Chicopee, be became very much attached to a girl by the name of Almira Scott, and the circumstances attending that at- tachment and its rupture, were the only circumstances I know of which seriously affected him during his residence here. He seemed to put his whole mind upon the girl. This attachment commenced in the fall of 1846. They were together a great deal through the fall and succeeding winter. The following spring she went home to Maine. Clark gave her money to go home with. She promised she would come back in a few weeks. She left some clothes behind. Clark remained with me. She did not come back as she agreed, and news came that she was married. This was common talk among the boarders. Clark heard the news. He would not believe the news, and went to Maine the next fall in order to ascertain if it was true. He came back in a week or ten days. When he returned he appeared as though he felt very bad indeed—was sad, despondent, appeared to feel as though he had lost all the friends he had. He walked the house as though he was in deep trouble and cried. His whole talk and conversation was about her and what had happened. His mind seemed wholly occupied with her. All the time he boarded at our house afterwards, that seemed to bo the uppermost thing in his mind. He was constantly speaking of her, and these circumstances. He never seemed after he returned from Maine as he did before. He was very much changed—was sad and despondent. He got a dress of her’s and hung it up in his room to look at. We all laughed at Clark and talked to him and tried to persuade him not to keep it there, but it made no difference with him, he still re- tained the dress. He never appeared contented after he returned, or easy in any place, but seemed restless and disturbed. Always before his disappointment with this Miss Scott, be had been cheerful, contented and happy. These are the circumstances as nearly as I can recollect. 30 TRIAL OF WILLARD CLARK. 4. In answer to the fourth interrogatory she saith: I have seen him within the last six months. He came to our house the 19th day of last March in the afternoon. He began to talk, and I immediately noticed he acted strange and did not act as he used to. He had not been there but a few moments when he said he did not know but it was best for him to go to Maine and see his folks. He used to refer to Miss Scott always as his folks. He said then if he could get a good girl to take back to New Haven with him he thought he should enjoy himself better than he had. He spoke of Miss Scott, and said his affair with her was nothing to the scrape that he had in New Haven. He was very singular. He laughed all the time a sort of a silly laugh, seemed forced. He appeared to be greatly troubled about something. My husband came in and in an hour or so Clark went away. He could not keep his mind on anything—he run from one thing to another with- out connection—was very absent minded. If he was told anything he would not remember it five minutes, but talk the same matter all over again, and ask the same questions over and over again. Couldn’t keep still a moment but walked back and forth in the room constantly. We all noticed his strange behavior, and I spoke of it to my husband and the children. He staid about here from Monday till Wednesday or Thursday, and I saw him three or four times. He appeared in the same way eacli time—seemed in trouble. There was no kind of sense in his conversation. He ate at our house. He did not eat much. He used to eat a great deal before his trouble. During meals he would stretch back in his chair and laugh a great deal. He behaved so care- lessly that I felt hurt for him as there were strangers at the table. Olive Duly. Deposition of Margaret Getchell.—Margaret Getchell, of the town of Chicopee, in the County of Hampden, and State of Massachusetts, being duly cautioned and sworn, doth in answer to the foregoing interroga- tories, depose and say as follows : 1. In answer to the first interrogatory she saith : 1 am acquainted with Willard Clark. I knew him about eight years ago; he boarded with me while he was away from Mr. Duly’s several months, in the summer of 1847. I knew him in this town of Chicopee. Was very well acquainted with him ; more acquainted than ordinarily am with boarders, as he was very familiar in his ways, and used to read to me and family, &c. 2. In answer to the second interrogatory she saith: He was as kind, pleasant and peaceable a person as I ever knew ; his character was good. 3. In answer to the third interrogatory she saith : He was in love with a girl named Almira Scott. He used to talk to me a great deal about her, all the while he boarded with me. He seemed unhappy about her. He spoke of her being married, and of her having books and other things of his, and spoke of going to see her. Said he expected to have married her, when she went away from here. TRIAL OF WILLARD CLARK. 31 When he talked of her he seemed sad. She seemed to occupy his mind and thoughts. 4. In answer to the fourth interrogatory she saith : He, Clark, came to our house the 20th day of last March. He staid in Chicopee several days. During this time he called quite a number of times at my house. Stopped over night at my house once. I noticed he appeared singular and absent-minded. He would sit looking down on the floor for some time, while anybody was talking with him, as if in a dead study, and then suddenly start. He would ask a question, and then sit and look down, and while he was being answered would suddenly look up as though he did not comprehend what was said to him. He walked the floor uneasily while in conversation. He did not fix his eye on me when talking, but looked down constantly. He spoke about the Scott girl; said he thought of going down to Maine to see her; said, I suppose my folks at home won’t expect me back under a fort- night or three weeks; said the Scott girl hadn’t written him, and he hadn’t heard from her since he left Maine. He appeared as though his mind was entirely occupied by some controlling subject. Margaret Getchell. Deposition of Caroline Getchell.—Caroline Getcliell, of the town of Chicopee, in the County of Hampden, and State of Massachusetts, being duly cautioned and sworn, doth in answer to the foregoing interroga- tories depose and say as follows: 1. In anssver to the first interrogatory she saith : 1 know Willard Clark; knew him when he boarded with mother; but was so young I do not recollect much concerning him. I am now 17 years old. 2. In answer to the second interrogatory she saith : That she is unable to say, as she does not recollect. 3. In answer to the third interrogatory she saith : That she is not aware of such circumstances, as she was too young to remember what happened. 4. In answer to the fourth interrogatory she saith : I saw him in this town of Chicopee the 20th of last March, at my mother’s, in the evening. Margaret Getchell is my mother. He went to a dance with me that night. I noticed that he was strange and absent- minded at the dance; he would ask me who such a person was, and then forget he had asked me, and when I answered his questions would inquire who, what, and which I meant, &c. He urged me and my sister very hard to go down to New Haven, and said he would take us to a dance there, which I thought strange, as I was a stranger to him. He appeared sober and sad at the dance. When talking didn’t seem to recollect what was said. Danced several times. Noticed at mother’s house that he was absent, strange, and peculiar. I staid at home one afternoon when he was there, and he made no conversation, only to answer my questions, but seemed to be thinking all the time. I thought he was a very queer fellow. Cakoline C. Getchell. 32 TRIAL OF WILLARD CLARK. Deposition of Eunice Getchell.—Eunice Getchell, of the town of Chicopee, in the County of Hampden, and State of Massachusetts, being duly cautioned and sworn, doth in answer to the foregoing interrogatories depose and say as follows : 1. In answer to the first interrogatory she saith : That she cannot depose. 2. To the second interrogatory she saith : She is unable to depose. 3. To the third interrogatory the deponent saith nothing. 4. To the fourth interrogatory she saith in answer: I saw him last March, on the 20th, in the evening, at my mother’s house, in this town of Chicopee. I am daughter of Margaret Getchell. Went to a dance with him that evening. He appeared at the dance sober, as if in a deep study; was uneasy; couldn’t keep still between the figures, but would walk around the hall, and go out of the hall. Was very absent-minded. I thought he acted queer, and I did not say much to him. When at mother’s he would sit silent for a long time, looking steadily on the floor, as if buried in deep thought. Appeared depressed and afflicted, and walked restlessly about. He acted, when talking, as though he did not understand what was said to him. He wandered about from one subject to another in his conversation. He came into the mill next day, after the dance, and said he wanted I should go down to New Haven and board at his house for a few weeks; said lie was keeping house; his sister kept house for him. Said it was hard to be shut up in the mill. He urged me very hard to go. In the evening he asked me again to go. He made me a present in the morn- ing of a five dollar gold piece. Gave no reason for the present. Eunice Getchell. Deposition of Almira Philbrick.—Almira Pbilbrick of the town of Chicopee, in the County of Hampden, and State of Massachusetts, being duly cautioned and sworn, doth in answer to the foregoing interrogatories depose and say as follows: 1, 2, 3. In answer to the first, second and third interrogatories the deponent saith nothing, as she knows nothing concerning said matters inquired of therein. 4. In answer to the fourth interrogatory she saith : I saw him last March; he called at the house of my brother-in-law, where I live, in Chicopee. He acted strangely. He walked about the room a great deal. In conversation his mind seemed unsteady. He would talk about something, and suddenly break in with something dif- ferent. When he was talking he looked down a great deal, and seemed in a study. I can’t tell well what induced me to think he was strange. I understand it, but don’t know how to express his peculiar actions. It would be difficult for language to express the peculiarities and strange- ness of his ways and manner. Spoke of Almira Scott; said he would like to see her ; said he had been treated worse, since, than she treated him. Appeared sad, and looked down when he said this. Said when TRIAL OF WILLARD CLARK. 33 he left New Haven he did not know but if Mr. Thomas Brown would go with him, he would go to California. Said his folks would not expect him back for two or three weeks. Said he had property there in New Haven, but not near as much as he should have had if he had had some one to care for besides himself; but he had no one to accumulate property for. Saw him same place next day. He asked me to go to dance. I told him I couldn’t. He urged me very hard. Told him I didn’t dance. He said he did not care for that; he wanted to go to the ball to take up his attention and see if he couldn’t be happier. He said he should call again for me. Day after the ball he came again to the house; was there at dinner. Appeared in the same indefinable strange manner. Spoke of the dance; wanted I should come to New Haven, and go to some of the dances there. I had never seen him before this time in March. Almira Philbrick. Deposition of Joseph Keene.—Joseph Keene, of Chicopee, in the County of Hampden, and State of Massachusetts, being duly cautioned and sworn, doth in answer to the foregoing interrogatories depose and say as follows: 1. In answer to the first interrogatory he saith : I did not become acquainted with Clark until the Spring of 1848, and from that time till he left Chicopee, I boarded with him, and knew him well. This was in Chicopee. 2. In answer to the second interrogatory he saith: His character, so far as I know, was good. His disposition was kind, gentle, and amiable. 3. In answer to the third interrogatory he saith : Of my own knowledge I can say nothing concerning the matters in- quired of. 4. In answer to the fourth interrogatory he saith: I saw him here last March, on the 19th; was here several days in Chicopee. He seemed very melancholy, and as if in a study; more so than when I boarded with him. In his conversation he would change about in a singular way from one subject to another. Didn’t seem able to fix his mind on any subject. He would ask me a question about something, and then change the subject, without giving me time to answer. He seemed very different from what he used to be. I couldn’t but notice how strange he acted. I suspected at the time that he was not right, and that something was on his mind, and I remarked it to Mr. Duly. Once, while he was here, we breakfasted together. He didn’t eat much, but sat at the table after all the rest were through, ap- parently thinking about something, eating little and saying little. When he was about to leave Chicopee, I asked him to call and see me when- ever he came to Chicopee. He said in answer, you will probably never see me again, and went away, and I saw no more of him. On the whole I thought his appearance very different from what it had been formerly, but I knew no reason for the change. It is difficult for me to 34 TEIAL OF WILLARD CLARK. find language to express the difference and explain the change; but I saw it very distinctly. Joseph S. Keene. Deposition of William Dickinson.—William Dickinson, of the town of Chicopee, in Hampden County, and State of Massachusetts, being duly cautioned and sworn, doth in answer to the foregoing interroga- tories depose and say as follows : 1, 2, 3. In answer to the first, second and third interrogatories he saith that he knows nothing of the matters inquired of therein. 4. In answer to the fourth interrogatory he saith : I saw him, Clark, at Chicopee about the 20th of last March, at the Cabot House. He was there two or three days. I live at said house. He was a stranger to me; but I couldn’t help notice he appeared singu- larly. He appeared wild. His talk was confused and incoherent. He would be talking with some person about a particular subject, and in the midst of the conversation would dart off to another entirely dissimilar topic. He did not seem to have his mind fixed on any subject he was speaking upon, but rapidly wandered from one thing to another. At times he would sit silent for a long time, apparently in deep thought. He appeared abstracted and absent-minded. Sometimes, when in con- versation he would pay attention to what others were saying, and then at other times would not seem to mind what was said to him. I thought he was deranged from all I saw. From his actions, ways and appear- ance he seemed to me not to be in his right mind. He acted very singularly, but I am unable to find language to explain his peculiar ex- pressions of face and look, and his singular ways and actions, which induced me to think him insane. But his ways, appearance, looks and actions irresistibly forced me to that belief. William H. Dickinson. Deposition of James E. Hosly.—James E. Hosly, of the town of Chicopee, in the County of Hampden, and State of Massachusetts, being duly cautioned and sworn, doth in answer to the foregoing interrogato- ries depose and say as follows: 1. In answer to the first interrogatory he saith : I was acquainted with Clark eight years ago this coming fall—knew him when he came back from Maine—was at the house that night—did not know him before only by sight. Knew him at Mr. Duty’s in Chic- opee. Knew him during his stay after the time of his return from Maine. Was very intimately acquainted with him—was in his room a good deal and he in mine. I boarded also at Mr. Duly’s. 2. In answer to the second interrogatory he saith: Clark was a first-rate man, as mild, gentle, good-hearted man as ever I got acquainted with. His character was good. 3. In answer to the third interrogatory he saith: I was at the house of Mr. Duly and he came back from a journey to Maine, where he had been to see a Miss Scott, who was reported TRIAL OF WILLARD CLARK. 35 married. He said when he came back that she was married. The cir- cumstances of her marriage seemed to affect him very seriously. He appeared to feel very bad when he came back. His talk was about her. At times he would cry like a child and then he would get up and dance about and clap his hands and appear chipper. Most of the time he ap- peared exceedingly afflicted about it. This state continued all the time until he left. He used to sit and brood over something until we would speak to him and laugh at him, and sometimes he would rouse up and laugh, and then at other times he would burst out crying. Used to see him in the mill-yard and mill, and he appeared the same as in the house. He appeared absent-minded, and seemed to me like a fellow love- cracked, or about half crazy, all the time. When we went into his room, as several of us boarders used to frequently, he always spoke of the Scott girl, and would say if she was there he could take comfort. He appear- ed discontented and uneasy. He would occasionally when talking, jump up suddenly, walk across the room and press his hands on his brow and look out of the window or somewhere, and then sit down again and talk a few moments and then start up again and go through with the same operations. 4. In answer to the fourth interrogatory he saith He knows nothing of the matters inquired of therein. James E. Hosly. Deposition of Holert Beach.—Hobert Beach, of the town of Chico- pee, in the County of Hampden, and State of Massachusetts, being duly cautioned and sworn, doth depose and say in answer to the foregoing interrogatories as follows: 1. In answer to the first interrogatory he saith: I knew Clark seven years ago last March and April—boarded with him three months—was quite well acquainted with him. It was in Chicopee. 2. In answer to the second interrogatory he saith : His character was considered good—was a good-natured, pleasant man. 3. In answer to the third interrogatory he saith That he knows nothing of the matters inquired of therein. 4. In answer to the fourth interrogatory he saith : I saw him here last March—saw him several days—came about 19th of March. He appeared like a deranged man. He couldn’t keep his seat while talking but paced the floor to and fro and would pass his hand over his brow when talking. He seemed absent-mind- ed—did not appear to notice what was going on. When he sat reading the newspaper one day while at Chicopee last March, he sud- denly jumped up, threw down the paper, and strode across the room very violently several times and then sat down, picked up the paper again and resumed his reading. This was at the Cabot House. While in the Cabot House, a Mr. Brown came in, whom Clark knew, and Clark did not speak to him. I asked him why he did not, and he said he did not 36 TRIAL OF WILLARD CLARK. want to speak to any body, that he came up here on purpose not to speak to any body. His mind wandered about from one subject to another very rapidly, in a strange confused manner, and it seemed to me very unnaturally. He acted as though he was not in his right mind, and I told my wife so at the time, and also Mr. Dickinson. This all happened in Chicopee. Hobert Beach. Deposition of Lovina Babcock.—Mrs. Lovina Babcock, wife of George Babcock, of the town of Chicopee, County of Hampden, and State of Massachusetts, being duly cautioned and sworn, doth in answer to the foregoing interrogatories depose and say as follows : 1. In answer to the first interrogatory she saith: I knew Clark when he lived in Chicopee, seven or eight years ago, and when he boarded at Mr. Melville Duly’s—knew him about two years. 2. In answer to the second interrogatory she saith: His character was good. His disposition was mild and amiable. He was a peaceable man in all respects. 3. In answer to the third interrogatory she saith : He became attached to a young lady by the name of Almira Scott, with whom I was acquainted. He appeared to be very much attached to her. His mind seemed to be on her. He wanted to be in her com- pany a great deal. They acted like young persons who were engaged to each other. She appeared to think a good deal of him, but not so much as he did of her. She went oft' to Maine on a visit—said she was coming back soon. She did not return and a report came that she was married. Can’t tell how long after she left that this report came to Chicopee. Clark heard the news. He couldn’t believe at first it was true, and didn’t fully until he went down to Maine. Sometime af- ter he said he should go to Maine, and went away. He was gone a week or two and returned. He appeared down-hearted about the mat- ter. He felt very badly. He was a changed man after his return. He always appeared differently after this trouble. He used to be gloomy and melancholy after his return, but before this occurrence he had been lively and cheerful. He used to walk about a good deal in sort of thinldng spells—was uneasy. His mind was upon her and he talked about her a good deal. He used to talk with all the boarders about her. His affair with her used to be his main topic of conversation. We boarders used to call Clark love-cracked. We used to laugh at him about the girl, but he would not be driven from the subject. 4. In answer to the fourth interrogatory she saith : I saw Clark at Chicopee last March, about the 20th day of the month. He was here two or three days. He was at my house one afternoon and was in afterwards to dinner and after that to supper. He did not seem inclined to eat much. I thought he appeared rather singular. His mind appeared to be wandering. In conversation he was absent- minded, talking about one thing and before he got through he would TRIAL OF WILLARD CLARK. 37 start on to another subject and then to another. Everything seemed mixed up in his head. He would sit in an abstracted manner, thinking and studying as though he had something on his mind. When con- versing he would suddenly start from his seat and walk rapidly about the room and then sit down again and keep on talking. In conversa- tion he seeemed confused. He did not seem natural as he used to be when I knew him first. Lovina Babcock. Deposition of Frank Rendall.—Frank Rendall, of the town of Chic- opee, Hampden County, and State of Massachusetts, being duly caution- ed and sworn, doth in answer to the foregoing interrogatories depose and say as follows: 1, 2, 3. In answer to the first interrogatory he says: That he knew nothing of the matters inquired of therein, and also in regard to the second and third interrogatories. 4. In answer to the fourth interrogatory he saith: I saw Clark at Chicopee last March, at the house of Mr. Babcock. He appeared to me like a man out of his head. I thought at the time he was singular and remarked so then. I remember of remarking at the time he was here, that Clark acted as though he were crazy. His head seemed to be full of women—talked a great deal about getting married. When talking on other topics, he would suddenly break off and talk about women—seemed absent-minded and confused in his ideas. He didn’t appear to have but one idea and that was about women. He wanted I should assist him to find a woman to take back to New Haven—wanted to get married—said if he couldn’t find a woman that he could marry right off, he should go to California and didn’t care what did become of him. He was a perfect stranger to me previous to his coming here then. He talked freely about women to me—said he had had hard luck with them—said they were all true to him but things happened so that they married others, through luck. He would sit an hour or so and wouldn’t mind at all if spoken to, and then all at once he would jump up as quick as you can snap your finger and rush about the room for half or three quarters of an hour and then sit down. He acted every way like a deranged man. I have seen a good deal of deranged and crazy persons, and from a comparison of his ways, actions and looks, with others de- ranged, I should give it my opinion unhesitatingly that when he was here he was a crazy man. Frank Rendall. The Defense also put in depositions taken in the State of Maine, as follows, in answer to the interrogatories next following: 1. Did ycm ever know Willard Clark ? If so, how well were you acquainted with him ? 2. Do you know that he once made a visit to your neighborhood, in Maine ? If so, state fully and particularly all that you know in relation to the time of that visit, the cause of that visit, his appearance, actions, conversation and be- havior during that visit, and all other noticeable circumstances connected with that visit. 38 TRIAL OF WILLARD CLARK. Deposition of Timothy Spencer.—I, Timothy Spencer, of Bradley, in the County of Penobscot, aged twenty-five years, depose and say in an- swer to the first interrogatory, by H. B. Harrison, Attorney to Wil- lard Clark, in action State of Connecticut vs. him, as follows, viz : 1. My first and only acquaintance with Willard Clark, was in the last of August or first of September, 1847. I had been absent from home and on returning found him at my father’s. He remained one night and part of the next day, only. Since which I have never seen him. 2. In answer to the second interrogatory, I depose and say, that Clark did come to my father’s house in Bradley, in 1847, as near as I can now remember, about the last of August or first of September, of that year. Personally, I knew nothing of the cause or object of that visit, except that he was an acquaintance of my brother Andrew Spen- cer’s wife, prior to her marriage. I was informed that their acquaint- ance commenced at the time she was at the factory, in Chicopee, Mass- achusetts. Her name was then Almira Scott. I was not much inter- ested or pleased with his appearance, and I felt that he had no business to be there. I did not make very much talk with him. The day he left, observed him weeping and taking on sadly. He said nothing to me, nor I to him about the cause of his weeping, though I supposed I knew all about it, and that it was because Almira had married my brother. One circumstance in particular, I recollect. Almira, my brother’s wife, and my mother, Mrs. Zilplia Spencer, told me they were fearful that Clark would kill himself, and they seemed quite alarmed and frightened lest he should kill himself, telling me that they saw him make motions with his knife across his throat, as though he would cut his throat, and they begged of me to buy or in some way get the knife from him. In con- sequence of what they said I did buy or in some way get the knife from him. As he was an entire stranger to me, I had no means of com- paring his conversation or behavior at that time with his usual and prior conduct. And further this deponent saith not. Timothy Spencer. Deposition of Andrew Spencer.—I, Andrew Spencer, of Bradley, in the County of Penobscot, aged thirty-four years, depose and say, in answer to the first interrogatory, by H. B. Harrison, Attorney to Wil- lard Clark, in action State of Connecticut vs. him, as follows, viz: 1. I first saw Mr. Clark in September, 1847. He came to the house of my father, where myself and wife were boarding, in Bradley. He was there somewhere from two to three days. I had never before known him, and have never seen him since, and of course could know very little about him. 2. In answer to the second interrogatory, I depose and say, that Mr. Clark did come to my father’s house, in Bradley, in September, 1847. I do not know what particular object he had in view coming to Maine. I personally had very little talk with him. How he may have appeared TRIAL OF WILLARD CLARK. 39 before, I, of course, know nothing. I thought he appeared somewhat green. I did not wish to make talk with him, and did not. I think, at the time he left, he wept. I saw tears flow. I did not think, at the time, judging from his looks and appearance, that he could not be over sixteen or eighteen years old. And further this deponent saith not. Andrew Spencer. Deposition of Zilplia Spencer.—I, Zilpha Spencer, of Bradley, in the County of Penobscot, and State of Maine, aged fifty-three years, depose and say in answer to the first interrogatory of H. B. Harrison, Attor- ney to Willard Clark, in action State of Connecticut vs. him, as fol- lows, viz: 1. I first saw Mr. Willard Clark in September, 184V. He then stay- ed at our house between two and three days and left, since which I have never seen him. 2. In answer to the second interrogatory, I depose and say, that Mr. Clark did come to our house in Bradley, in September, 184V. I recol- lect of going to the door myself. He inquired for Almira Scott. I told him that she that was Almira Scott, was now married to my son. He said he should like to see her, and I asked him in. This was not long before dinner, and we asked him to stop to dinner. He stopped, and to my surprise stayed that night, and the next night, and left, I think the third day. I do not know what his particular object was in coming there. He pretended that he understood that she was going back to Chicopee and he wished to accompany her. I found that his staying was making a good deal of talk in the neighborhood, and my son ap- peared to feel bad about it, and I asked him at one time when alone, what it meant, and he replied that he got acquainted with Almira at the factory, and thought her an excellent girl, and he was very much pleas- ed with her, and he wanted to call and see if she would not go back with him, and that he did not know till he came to her father’s that she was married. After the first day I think my boys did not treat him politely at all, and gave him very decided intimations that he had bet- ter be away. I can scarcely tell why, but I remember that I did feel strangely at the young man’s staying so long at our house. I saw him one day sharpening his knife, and the thought occurred to me, and yet, I hardly know why, that he might kill my son Andrew, and I felt anxious to have him leave. I know that Almira had very similar feel- ings, because we talked the subject over, and she told me about seeing him draw his knife across his throat, and that she feared he might kill himself. I can’t say that I thought he was crazy, but he acted strange- ly—something like a love-sick man. I have no doubt from his appear- ance and what he said to me, that he was very much attached to Almi- ra, and judging from his appearance, that he was very much disappointed. I remember of urging my son Timothy to get the knife away from him and he got it by some means. At the time he left, he had just be- fore been talking with Andrew and Almira, and he went off weeping. 40 TRIAL OF WILLARD CLARK. He asked several times, and was quite anxious to see Almira alone, but she declined and did not see him except in the presence of her husband, or some one of the family. He was apparently quite young, and a part of the time appeared well, but there were times that he looked sad and depressed, and the impression somehow, as I have before stated, fasten- ed itself on my mind that he meant to do some mischief before he left. I really felt glad to have him go and was greatly relieved to have him out of the way ; and further say not. her Zilpha X Spencer. mark Attest, N. Wilson. Deposition of Elkanah Scott—I, Elkanah Scott, of Orono, in the Coun- ty of Penobscot, and State of Maine, aged seventy-two years, in answer to the first interrogatory, by H. B. Harrison, Attorney to Willard Clark, in the action State of Connecticut vs. him, depose and say as follows, viz: 1. I first saw Willard Clark in September, 1847, according to the best of my recollection. He came to my house in Orono, and inquired if Miss Almira Scott, who had been, the season before, at the factory in Chicopee, Massachusetts, was my daughter. I told him she was. He then asked me where she lived and if she was married. I told him she was married and lived in Bradley. After some minutes, he again asked to be directed the way to Bradley, and where he could find her. I directed him and he went away. I think at this time he did not stop at my house more than half an hour. A few days after, he returned. I recol- lect it was near or quite sundown, and he remained till late in the eve- ning. I invited him to remain at my house all night—he declined and went away. Since that, I have never seen him. 2. In answer to the second interrogatory I depose and say, that said Clark came to my house, in September, 1847, as I have said in answer to the first interrogatory. Previous to this visit I had never seen him, and knew nothing of him. Of the object of his visit I knew nothing, except what he told me himself, and what I subsequently learned from my daughter. I recollect, when I told him Almira was married, he ex- pressed great surprise and remarked that he had heard such a report, but would not believe it, and when I assured him it was really so, he stopped some minutes and expressed great astonishment and seemed quite overcome. His appearance struck me then as quite singular and strange, and made the more impression upon my mind, because I had never known of any intimacy between them. I had heard a rumor by some of my daughter’s female acquaintances, who had been at Chicopee with her, that she was going to be married to a man by the name of Clark, but inasmuch as my daughter had returned and said nothing to me upon the subject it had entirely passed from my mind. My daughter went to Chicopee in 1846, I think, and was absent in all not far from nine months, and when she returned home, she contemplated going back to the factory, but subsequently gave up the idea and did not go back. TRIAL OF WILLARD CLARK. 41 Upon the return of Clark from Bradley, he told me that he had seen Almira, and went into many particulars, as to his intentions to have mar- ried her and how disappointed he felt in finding her really married, but added he did not know as he ought to blame her, because he had not himself done as he agreed—that he ought to have seen or written her before, but was detained or prevented by the sickness of a brother, as he said. At times he appeared quite overcome and wept fitfully. I pitied the young man very much, and well recollect the impression his conversation and whole appearance made upon my mind. I remember of telling my wife, after he left, that I should not be a mite surprised if Clark killed himself. He certainly talked and acted strangely. I am satis- fied from the statement of both Clark and my daughter, that my daughter was too hasty and that at the time she came home and a long time af- ter, she fully expected to marry Clark, and he must have felt the disap- pointment very keenly. When he went away he was very anxious to have me write him. I told him I would, but never did. If she did not get along well or wanted for anything, he wished me to promise to let him know and he would send her money. Some three or four weeks after he left, I received a letter from him, which I handed over to my daughter, and she says she destroyed it. I do not remember the words, but I felt surprised at the contents. No honest, sane man ought so to write to any person. From that time, until quite recently, I had heard nothing about him. And further this deponent saith not. his Elkanah X Scott. mark Attest, N. Wilson. To the next deponent the following interrogatories were put, and she made answer as follows thereafter : 1. Were you acquainted with Willard Clark when he lived in Chicopee? If so, when, how long, and how intimately did you know him there? 2. What were his character and disposition when you knew him in Chicopee? 3. When did you leave Chicopee, and return home to Maine ? 4. How soon after you went to Maine did you see him again ? 5. Please state fully and particularly, so far as you know them, all the cir- cumstances which led him to visit Maine, and all the circumstances connected with that visit, and all noticeable circumstances which followed that visit. State also minutely how he appeared, talked during that visit. Deposition of Almira Spencer.—I, Almira Spencer, of Bradley, in the County of Penobscot, and State of Maine, aged twenty-seven years, depose and say, in answer to the first interrogatory of II. B. Harrison, Attorney to Willard Clark, in action State of Connecticut vs. him, as follows, viz: 1. I was acquainted with Willard Clark when he lived at Chicopee, Mass. I went to Chicopee in August, 1846, and left there to visit my friends in Orono, the last day of April, 1847. I think I first became ac- quainted with Mr. Clark in November, 1846. At that time we boarded at the same place—of course we saw each other every day. After a month 42 TRIAL OF WILLARD CLARK. or two we became quite intimate, and I kept company with him u the time of my leaving Chicopee, and continued to correspond p to him after my return. 2. In answer to the second interrogatory I depose and say, that, so far as my acquaintance, his * character wras unexceptionable and good. I never saw or had the least occasion to think his disposition was other than amiable and good. lie was very cheerful, and seemed pleasant and agreeable. 3. In answer to the third interrogatory I depose and say, that I returned home to Maine the last of April, 1847, and think I reached my home the first day of May. 4. In answer to the fourth interrogatory I depose and say, that I did not see Mr. Clark again until September, 1847, at which time he came to the house of my husband’s father in Bradley, where I was then boarding. 5. In answer to the fifth interrogatory I depose and say, that I have reason to believe the object of Mr. Clark’s visit to Maine was to see me. He so told me. When I left Chicopee I fully intended to go back in about two weeks, and so promised Mr. Clark. But my health for a time was not very good, and after waiting some time I concluded I had better wait until the warm weather was over, and Mr. Clark wrote me and so advised. About the last of July of 1847, I received a letter from Chico- pee, purporting to be, and as I then supposed, from Mr. Clark. This letter I did not like. It was wholly unlike anything I had ever before received from him, and I could not account for it, and I felt so provoked that I made no answer, and resolved to marry the first decent and re- spectable man who might offer himself to me; and I -was married in less than three weeks after I first saw my present husband. I was married the 29th day of August, 1847. Subsequently, and only two days before I was married, but after I was published to Mr. Spencer, I received a letter from Mr. Clark of an entirely different character, and full of protestations of regard and fidelity, and when, too late, I learned that the offensive letter was intended as a joke upon me, and really written and sent by some of my old female acquaintances, and of which Mr. Clark was entirely ignorant. I had previous to the receipt of the forged letter entertained for Mr. Clark the highest regard, and confess I felt a sincere interest in him, and fully expected to marry him, and I had the best reasons for supposing he entertained similar sentiments towards me, and since the explanation have no doubt of his sincerity. His letters were kind, affectionate, and all I could ask of any man. He wrote a good letter. I have none of them now. I destroyed them all. When he came to see me at Bradley and found I was really married, he seemed much affected. Said he had been so informed before he started, but he would not, and could not believe it, and he had come down on purpose to see me. He expressed himself very anxious to see me alone, and repeated the request several times, but under the circumstances in which I was placed I did not think it best, as no good could result, and I declined, TRIAL OF WILLARD CLARK. 43 and did not speak with, or hold any conversation with him, except in the presence of my husband or some one of the family. He remained at my husband’s father’s between two and three days, and a portion of the time he appeared very desponding and sad. He wept repeatedly, and when he left he appeared quite broken down, and it caused me much pain and anxiety to see him conduct and appear as he did. He seemed very sad. and desponding. The day before he left I was sitting with my husband in the kitchen, and Mr. Clark was sitting in the front entry, but in such a position that I could see him plainly, though I did not think he saw me, and while there I saw him draw his penknife two or three times across his throat, as though he would cut his throat. This greatly alarmed me, and I thought the man must be crazy. Subsequently, and on the same day, my mother-in-law, Mrs. Zilpha Spencer, told me she saw him take his knife and draw it across his throat, just as if he was going to kill himself, and she was frightened, and mother and myself induced Timothy Spencer to see if he could not, without being suspected, induce him to part with the knife, and he did get it from him in some way. He acted so strange and different from anything I had ever before seen or known of him, that I was frightened and did not know what he might be left to do. When he had left I felt greatly relieved, and I am sure I could not have believed that Mr. Clark, in so short a time, could have been so altered and changed. The conduct of Mr. Clark, and the distress of mind he manifested, gave me great pain, and I am sure I shall never forget the impression he left on my mind. He had been very kind and generous to me, and offered me, from time to time, many presents that I had declined ; and at the time I went home he paid my expenses. And to meet him under the circum- stances, and see him act and talk as he did at Bradley, I fully expected to hear that he had committed suicide, or that he would return and kill my husband or myself, and perhaps both. I can never forget the painful sensations of that visit. After he returned to Chicopee he wrote to my father, and my father handed me the letter, and I destroyed it. But I never had any other communication from him, and have no recollection of hearing a word from him until quite recently. That letter to my father had some very strange expressions in it, and was grossly improper. The exact words I cannot now remember, but I well remember the impression it left on my mind, and that was, that he must be insane, or basely unprincipled. And further this deponent saith not. Almira Spencer. John E. Lovell called and sworn.—I knew Willard Clark when a boy. He went to the Laneasterian School, of which I am teacher. His character was excellent in all respects. He was kind and amiable, and has always had a pleasant place in my recollection. Since he left school I know little of him. He left more than twelve years ago. I don’t know where he went. Dan S. Cooper called and sworn.—I knew Willard Clark after he 44 TRIAL OF WILLARD CLARK. left school. In 1844, I employed him three and a half months as a clerk, on State Streeet. Previous to that he lived with his mother. His character and disposition were good. He was kind and well behaved. He was very fond of reading. Until this affair, since he left, I have never known aught against him. Cross Examined.—Since he left my store I have not had frequent in- tercourse with him. He must have come to my store about the first of July. Since he left he has been at my store, but I have had no business with him. The age of the prisoner is about twenty-seven. Judson Canfield, called and sworn.—I first knew Willard Clark six or seven years ago. He was a customer of mine in 1850. In October, 1850, I attached his property. He came down to the store in the after- noon and asked me if he could secure me on the goods in his store. I have had no particular acquaintance with deranged persons. He said he wanted to secure us on his debt to us ; it was larger than all the rest; that his brother had got to leave him, and he (Clark) might, if there was any difficulty, kill him. I asked him if he knew the consequences. He said he did, he could not help it. I told him not to think of any such thing as that. He didn’t make much reply. I remonstrated, but he gave no further reason. He gave this as the reason why lie wished to secure me. After he left I talked with my partner; and in two or three hours after that gave my account to an officer, and he wrent and attached the store. I thought this was a very strange thing, and so I thought best to secure myself. I thought by the sincerity of his appearance and other actions, that he was crazy. I supposed him to be solvent. His store has ever since been kept by himself. I don’t recollect how long this conversation was. I think it w7as about half an hour in length. Cross Examined.—I think Clark went into business in 1850. I don’t know how long he had been in business at the time of the conversation. He was alone in the grocery business. He has never had a partner, to my knowledge. My charges were made to him entirely. I never knew the brother that he spoke of, or his name, or his situation in the store. He did not at that time state his name. He said he made cigars for him. I do not think I inquired what position his brother held in the store. I asked him what the difficulty was; he said he, the brother, had got to leave. I don’t recollect that he stated anything more than this. I have told all that I can recollect that he said. I said he must not think of such a thing; he said he knew the law, but could not help it. He owed us $225. I did not give this subject further consideration until after the attachment. Afterwards I told him I should never have taken the steps I had, if he hadn’t talked so strangely that I thought him deranged. I thought he was, at the time. I did nothing more than to put my suit in progress. I told the officer that if he could secure the debt, he needn’t shut him up. I thought he was either deranged, or talked strangely. I apprehended that he might do as he said. It was in the afternoon that he called on us. I got out a process that afternoon. He came to pay the debt within a week. He brought a man as security. TRIAL OF WILLARD CLARK. 45 I accepted it, and withdrew the attachment. He did not trade with us again for two years. In 1852 he commenced again, and traded up to 1853. I don’t know whether the brother continued with him. The thing has not been on my mind since. I did not ask him what brother it was. I believed if difficulty arose he would kill his brother, but not otherwise. I had no further conversation with him when he raised the attachment, about this matter. He said he did not blame me. I had no reason to issue the attachment, except the apprehension of losing my debt. I thought he did not talk like a sane man, to come and make these suggestions, and that if he had any difficulty, his property would all go. Dev. IT. Croswell called and sworn.—I have known Willard Clark about fifteen years. My first knowledge of him wTas when he was a boy. His mother, when dying, expressed a wish that he should be educated. Expressed a hope that he would be a minister. I thought he was fitted for it, and employed him as an agent, to aid him in this matter. I as- certained that he was a lad of a good deal of character. I knew him more or less down to this occurrence, (of homicide.) His disposition was kind and amiable. He had singular traits. He was exceedingly sensi- tive to what he thought a wrong. Cross Examined.—The effect of a wrong was not to exasperate, but to depress him. I had him as agent for three years ; I was in almost daily contact with him. Since then I have not had much business with him ; not much conversation. He became a communicant of the church in 1842. He left, and has not communed with the church of which I am pastor for several years. He was subject to these turns of depres- sion, but I never saw any temper in him that gave me any uneasiness. ., Mrs. Lucy Dewey called and sworn.—I am a sister of the prisoner. Willard was fifteen when I went to Illinois. I returned seven years ago. I have been here and in Westville since. He returned from Chicopee to New Haven in the fall of 1848. He was then clerk in Mr. Parmalee’s store, for about a year. This was the store he afterwards occupied. He has boarded himself from that time until this occurrence. He had boarded with Mr. Parma!ee. While he lived alone, he used to cook for himself, or sometimes his brother or brothers, who were with him, cooked some. I go out nursing. I went to live with him in July, 1854. Thence I was absent occasionally. In September, 1854, in October, 1854, in December, 1854, in January, 1855, and in March, I was gone parts of the time. At times he appeared melancholy. I saw him several times when I thought he had been crying. I spoke to him about it. This was all through the time I was there. In the win- ter, in January and February, I first noticed the wreeping, but noticed the melancholy before then. When I first wrent there, he slept up stairs in a back room. He changed his place, and lay on the sofa in a front . chamber, in January. He wouldn’t take his clothes off. I asked him why he didn’t, and go to bed, he would rest so much better. He said there was no use in it, for he could not sleep if he went to bed. I went away a week before the homicide, and he slept in this way until about 46 TRIAL OF WILLARD CLARK. that time. When I came home in March, I had heard that this girl was married, and asked him how he felt in view of it; told him I hoped he would not commit suicide. He said he didn’t know but he should, burst into tears, and went away. Another time, he came into my room and looked as if he had been crying. I said he had, and he said he be- lieved he had a right to cry. This crying was the l'Jth of March. He went to Springfield on the 19th. In the afternoon of the 17th, he came up and looked wild, and asked me if when people died they didn’t sometimes put a black cloth on the table. I asked him what he meant; if he expected to die. He laugh- ed and looked very silly. I had seen that laugh before, occasionally. I saw it after this. I saw him cry the next Sunday morning, before breakfast, at seven or eight o’clock ; he was walking the room. I talk- ed with him. I told him I didn’t think he was competent to attend to his business; that I would write and have my brother George come from Illinois to attend to it. He said I could do as I had a mind to, but he would not come. The next Monday morning he was crying. He said he didn’t think he should live long, and talked about suicide. I asked him why; told him I didn’t see why he shouldn’t enjoy himself as well as any young man. He said he didn’t suppose I could see. The morning he was going away, I asked him where; he said he didn’t think he should go further than Boston. I told him I didn’t think he knew where he was going. I was worried. I couldn’t eat or sleep any while he was gone. He was gone from Monday to Thursday. It was very chilly and he didn’t take his overcoat. When he came back he appeared wild. I asked him if he felt better than he did before ; he said no, he didn’t know as he did. It was after he came back that he walk- ed in the woods. One day, about two weeks after he came back, he left the store and was gone two hours ; when he came back, he came up stairs, burst out crying, and said, I cannot stay here. He wanted me to sit down and talk with him. He said, I want to talk to you, Lucy. He wanted to know if it would make any difference with me if he went away, saying he could not stay there. I told him it would not, it would do him good, he had better go to Illinois and visit his brother and sis- ter. He said he heard that I cried while he was gone to Chicopee, be- cause I thought he was going away. I said it was not for that, but be- cause I Avas so anxious for him. He said, if I go away, you probably will never hear from me again. He cried like a child. The tears were rolling doAvn his cheeks. He called Mr. Walter Barnett up stairs and told him he Avas ready to sell out to him; he told Walter Barnett that he would want him to help him take an inventory of his things. One day I told him he needed some new clothes to wear every day ; he had no pride about himself; he stared at me, looked wild, said he did not knoAV as he did, said he did not know as it was best to get any, for he didn’t knoAV as he should live long. I asked him why he talked so ; if he was prepared to die. He only looked silly and foolish. One day he was crying, and I said hoAV can you feel so, Willard ? He said his feel- ings were nothing in comparison Avith hers. This was in April. I told TRIAL OF WILLARD CLARK. 47 him I should think she would show it sometimes; he said she could conceal her feelings better than he could. He said she was too proud —that no one would know that she cared anything about him. I told him that wasn’t rational. One day when he was crying and walking, in April, I said, how can you feel so, Willard ? He said, how should you feel to have your boy with a person who was going to be tyran- nical over him all the days of his life. I asked him if he thought Wight was tyrannical; he said he thought he was. I told him that was a strange idea. He didn’t say anything. He used to come up stairs often in the daytime, sometimes in the evening, sit down and hold his head. I asked him if his head ached; he said it did, but it was no matter. He made complaints about his head. I did not notice it until along through April. I noticed it much during April. It grew upon him. I asked him then if he didn’t wish to live ; he said, what do I wish to, for ? Three weeks before I finally went away, one evening, he came up and lay down on the sofa, and seemed to feel very wild. He shifted his head from one place to another, and rolled up his eyes. Mrs. Collins was there. She said, are you sick or are you crazy ? He didn’t answer for some time, and then said, they are trying to roast me. He then jumped up and ran down stairs. I do not know of any other cause for this grief except this girl; he spent much of the time up stairs; he walked the room, crying ; he asked me once if I didn’t know that he knew more than anybody else. I told him I was not aware of it; he went down stairs and then came up, and I asked him what he meant; he made no answer, but looked silly. This was two weeks before I went away. His natural disposition was kind ; he always appeared good to his brothers ; I never had any reason to think otherwise. Cross Examined.—My husband is not alive. I have three brothers, George and Willard and Elmer. I was not at my brother’s place when it was attached. I don’t know what brother was living with him then. I have not had occasion to refresh my memory in regard to the occur- rences since I went to live with my brother. I do not keep a diary, or journal. I tell these circumstances here from my simple memory. My other brothers did not live in town while I lived with Willard. One of them has been here lately. No one of them was here in January. I took no family of my own to the house. There was a cousin of mine there a portion of the time. She came in October. Her name is Nichols. She had no husband. There were two rooms in the upper part of the building. We occu- pied them together. I do not occupy them now. I left there a week before this occurrence. Mrs. Collins lived in the house. She occupied a brick part, up stairs and down stairs. She was there when I went there, and still continues. Her family, self, husband and three sons are with her. My brother occupied part of the lower part of the bouse for his store. He had a clerk there four weeks, this spring. I should think about the firgt of April. It was Mr. Kent. Before this, he had no man. He was a grocer. He delivered goods from his store. He had no one to stay with him while I was there. Mr. Kent and Mr. Barnett 48 TRIAL OF WILLARD CLARK. had charge of the store while he went to Chicopee. My brother did not tell how long he was to be gone. He said he didn’t know. He did not tell me that he was going to Chicopee. He went away at 10 A. M. He took no trunk. Barnett was there when he went out. Mr. Harrison was asking me questions about these cryings and I remembered them, of course. I have had nothing else to do this summer but to remember. This is since the event. I have had no conversations with my brother about these things. These cryings were early in the morning, when he got up, and at all times during the day. While my brother was up stairs, Mr. Kent would be in the store. Once when he was up stairs, and somebody was in the store, I asked him why he didn’t attend to them, if he didn’t want cus- tom ; he said he had enough, folks could go to other stores. He opened his store between six and seven, and closed it at eight in the winter, and nine in the summer. I spoke to Mrs. Nichols about my brother. He had a pretty good trade at his store. I don’t know why I spoke about Wight to him. He had said nothing about him. I asked him if he knew him. He said he did. He said he didn’t know but he was a clever man. This was in April. This was all I ever heard him say about Wight. I asked him if he thought Wight was tyranni- cal. He said yes. I had then heard that Wight had married the girl. It was Thursday noon when he got home from Boston. He looked wild. I told nobody. Court adjourned. Thursday Morning, September 20th. Court opened at 9 o’clock. William Hull called and sworn.—I know Willard Clark. I was with him about two weeks previous to this transaction. Noticed some- thing strange about him. He was at my store in Fleet Street. He appeared strange. He appeared lost to himself, didn’t seem to be settled in his mind. Sperry and I spoke of it at the time. When he started out, he went off of a sudden; when he went away, he went first one way, and then another. The young man in the store was Mr. Sperry, now in Illinois. I have never known anything against Clark. Cross Examined.—He came about eight and a half, to buy hams. He bought about the usual purchase. He was in the store about three minutes. Did not pay for the articles. He was on foot. The hams were not weighed out while he was there. I did not say anything about it outside, until after this transaction. I noticed nothing particu- lar, but noticed that his manner was different from what I ever saw it before. Mrs. Mary Collins called and sworn.—I occupied and do occupy a part of the building formerly occupied by Clark. I remember the occa- sion referred to by Mrs. Dewey. I went up into her roon\ in the even- ing. Her brother was on the sofa. He was uneasy. He rolled his head about considerable. Asked him what was the matter with him, if TRIAL OF WILLARD CLARK. 49 he was sick or crazy. His sister answered and said, he is love sick. I said, is it so, Willard ? He got up immediately, and went down stairs. He said they are trying to roast me. He waited some seconds before he made this remark. His countenance looked red. His eyes looked wild. This was the forepart of March. I remember quizzing him about a hat. I was passing through the store about the middle of March. He was walking the store with an old hat on his head. I asked him where he got it. He appeared to be crying; I thought he had tears in his eyes; he stared at me and made no answer. I have seen him a num- ber of times in March, when I thought he had been crying; his eyes and face were red. I have no doubt he had been crying. I should think I had seen traces of his crying previous to March, should think about the last of February. I did not notice their indications in April. I had not occasion to go often into the store. During the two or three months prior to this transaction he appeared like a person in deep thought. I think he had a peculiar laugh while he appeared despond- ent. I don’t remember seeing him laugh until the last part of the time, in this way, and never much at all, before. I saw this when I heard his sister speak to him. This laugh was usual with him when spoken to dur- ing this time. Cross Examined.—My husband’s name is Friend B. Collins. I may not have noted all the peculiar conduct and circumstances I saw. I spoke of them at the time to my husband and family. I don’t recollect that I spoke to others. I spoke to a gentleman who was in, the Sunday morning after the affair. I told my husband of them when they oc- curred. The gentleman was Sylvester Smith. I was passing through the store when the hat was on his head. It was eight in the evening when he was on the sofa in his room. I was in the room fifteen min- utes. He left the room before I did. I went down soon after. He was rolling his head and shifting his position. I didn’t ask him who was trying to roast him. His sister asked him if his head felt bad. He said it was no matter. There was a little fire in the room. The out- side door was open, and it was quite chilly. I did not ask him about the roasting, because I never had much conversation with him. I also supposed that he didn’t want to converse. He did not attend to his business all the time, then. His store was open daily most of the time. He would shut it up at times, and go away. He had no clerk, as I know of. I dont’t know whether Kent was a clerk or partner. Kent might have been there three or four weeks. I have waited upon myself and seen other people. I would ask him for things and he would not get them. I paid for them myself. He didn’t seem to know whether the change was right. I lived there three years. I never knew of his quarreling ; I never said so; I knew better. I never said that Willard and his brother quarreled. It was another brother that quarreled. It was a brother by the name of Elmer, that was deranged. He quarreled with another brother, now dead. That was Henry. He died of yellow fever, I think, two years ago, at the South. He was there sometimes two or three 50 TRIAL OF WILLARD CLARK. weeks, then would go. Elmer lived there two years while I was there. He made cigars. Frederick P. Gorham called and sworn.—I have known Willard Clark six or seven years. Since he was in the store there. His character was good. During this last spring I noticed things peculiar about him. He seemed to be indifferent about his business. Had a lost, absent wTay. At times he was cheerful. This was early in the spring, two days previous to the affair. I don’t think I went into the store after that. I thought that he didn’t want customers in there, when I was last there. He acted so strangely that I told my family that I should not go in there. At six in the morning I went there. He was there, seemingly in a deep study. I said twice that I was surprised to see him there so early. He turned with a stern expression of eye, he looked for a mo- ment, and then seemed to come out of a dream, as it wrere, and said something about his clerk, having no connection with wdiat I had said. Cross Examined.—I was in the store two or three times a day, gener- ally, for the last six years. I frequently stopped there to converse. I think I have mentioned all the peculiarities in his manner. There was sometimes a wildness in his manner. Sometimes he gave me foreign answers. I cannot explain more than I have. It appeared early in the spring. I cannot say when I first saw it. It was not as far back as January, I should think. I have given all the particular incidents of this interview; I cannot designate any other. He acted unusually strange at that time, and generally, through the spring. I never con- versed with him about it, or suggested that he appeared strangely. I did suggest to him that he might increase business by increased atten- tion. He had a clerk there, a short time, Kent. He had a lad there quite a spell, during the last two years. I hardly expected to find Clark’s store open that morning. I had noticed for a week or two that the store was open early, and Kent there. When I spoke to him he finally made some remark about Kent, unintelligibly ; he talked in an incoherent sort of a way, very wildly, and muttered to himself. I was in the store three or fonr minutes. He did not give an intelligible answer. A. C. Chamberlain called and sworn.—I have known Willard Clark two or three years, not particularly. I saw him frequently before this transaction. I did not notice things very strange. I did notice one or two things. I did not trade there much. I don’t know when it was, but a lady had purchased a sofa of me for that house. I called for the pay for it, and there was something about his manner which struck my attention. His face was white. His manner was peculiar when he took out the money. Another time I was in the store, and called for some- thing. He went into his small office, and seemed to forget it. I looked in, and he said, O, I’ll get it. He seemed to be standing still. This was, I think, before the sofa occasion. I was not in often. I could not get things early in the morning at that place; the store was not open. Cross Examined.—I live a square and a quarter from his store. There was none nearer my house. The store has not been open in the morn- ing for some little time past. This lateness was a recent thing. I can’t TRIAL OF WILLARD CLARK. 51 say when it began. I had seen children there waiting at the door to get in. Latterly I may have been there once a week. I have stated all the peculiar circumstances that attracted my attention, except his general inattention to business. These two instances were about all. These circumstances, as affecting his state of mind, I thought of after this transaction. The bill for the sofa was about twenty dollars. I think no one was present. He said nothing peculiar; it was the ex- pression, the look and manner. He paid me the money. I was not in the store long. Don’t recollect what hour of the day it was. I can’t tell when I first mentioned these circumstances. I mentioned them to Mr. Harrison, I think last week. Examination resumed.—The sofa was bought two or three weeks before it was paid for. John F. Chatterton called and sworn.—Last of March I saw Willard Clark at his store. I said to him, Clark, is the adjoining tenement to rent ? He made no reply, but turned his back. It was unusual; I had been intimately acquainted, and previously he had been social. The tenement was the one in which Mrs. Collins lived. In a half minute he replied, I don’t know, after I had reminded him. I asked him who rented it; he did not reply ; 1 asked him again, and he pointed and said, over to West Bridge. I then asked, where is George ? He did not answer until I asked again ; he then said in Illinois. He was evL dently thinking of something else; his character was good. Cross Examined.—Have known him since 1838. For the last three years I have known him intimately, called often when his brother was there. This was the latter part of March, in the afternoon, from one to three. I have stated all I know that was peculiar. I had a brother who was insane, and I remarked to my wife that Clark must be crazy. I did not prolong the interview, though I would if he would have talked. I am not certain who owned the building; I thought he meant that the person lived over there, meaning the bridge. I asked him, who shall I inquire for, to know who rents it ? He said, some one over to West Bridge. I said nothing more ; I mentioned it that evening to my wife; have not since, only to his brother, in July or August. Examination resumed.—This tenement was a part of the building where he lived and had his store. His brother was there, when I knew Clark intimately in 1852. Mrs. Ann Hull called and sworn.—I know Willard Clark; have ever since he had business in that store, and partially before. His store is next to my house. His sister’s child was with me a year and a half, when we were on a farm. We have lived where we now do, two years. We have traded with him. I have never known anything against him be- fore this affair. His disposition was good. I noticed a change in him in November last. He was peculiar. I didn’t like to trade there; have not much since, but have occasionally. I could seldom find him in the store; he would be shut up in the office, and I would have to call him. He would not always speak. When I asked him, he would stare; sometimes I would leave the store without having any answer. Always got what I wanted. Left trading there because his appearance was 52 TRIAL OF WILLARD CLARK. changed. I changed trading there 17th of November. After that, traded a quarter as much as we should have done. After that he would look vacantly and then sometimes a very silly smile would pass over his countenance, that gave me pain ; so I seldom went in there. It was during the winter that I first noticed this smile. During the winter I went in there perhaps once a week. Cross Examined.—Saw Clark after November, perhaps once a week or once in two weeks, to speak with him. In November he was chang- ed. I could not account for it. I thought a great deal of the change. I could not account for it; told my family that we must not go there any more than we could help. There was nothing in his change of appearance that could be accounted for by a change in habits, perhaps with regard to drinking liquors. He did not appear to be interested in his business. I often stated these things to my husband. I can’t say when I first noticed this silly laugh. I repeated to my husband several times before November that a strange change had come over him, and it was painful to go there. I did not know as he always charged all the things we had. I might not have mentioned the silly laugh until after he was in jail. I mentioned it to my family. I probably mentioned it to others, can’t tell to whom. I won’t say that it did not occur to me that there had not been a change in his habits. Examination resumed.—I saw nothing in his appearance that indi- cated that he had been drinking. His appearance would not have been accounted for to my mind, by the supposition that he had been drinking. Cross Examination resumed.—I never made this change of appear- ances a subject of conversation with Clark. I told him why don’t you brush up the store, why don’t you brush yourself up ? I never told him I should leave there if he did not change things there. Mrs. Lydia Sellidge called and sworn.—I have been somewhat ac- quainted with Willard Clark. I recollect purchasing something of him and giving him money requiring change. I think it was a few weeks before this occurrence. He stood behind the counter; he got me what I wanted; he gave it me; I gave him some silver, requiring change. He took it and put it in the drawer, stood and looked at me. I waited, and asked for change. He said, did you pay me? I told him what piece of money I gave him. Well, he says, I did not know that you had paid me; I don’t know what I am about, half the time. Cross Examined.—This was two or three weeks before the killing. I was in there sometimes. This was in the morning. 1 had been in there some for two or three years. I have seen him look strange, several times ; he didn’t speak to people. I had noticed a general change in him ; he seemed very absent-minded. I noticed it a few months before this occurrence, absent-mindedness, and a failure to recollect, a strangeness, something in his looks that I cannot express. I think it was as far back as November. I mentioned this about the money, at the time, to my daughter, afterwards, soon, to my sister before the homicide. I went to the store as usual after this. Examination resumed.—I noticed this strangeness generally during TRIAL OF WILLARD CLARK. 53 the time after November. I spoke the same clay to my daughter about it; a few days after to my sister. Philo Terrill called and sworn.—Have known Clark ten years ; up to this transaction, his character was good; his temper good and mild. After the marriage, he came into my store ; he came in and passed to the back store; I soon went in and asked him about his business. Said I, Willard, you’ve lost your girl, it seems; he was sitting; he raised his head and eyes up, and nodded ; his eyes had a glassy and wild appear- ance. I was called out and he left; I mentioned it to my wife; told her Clark took it to heart more than I thought he would. Cross Examined.—This was ten or fifteen days before the transaction ; it was in the evening ; there was no one in the back room but Clark, when I went in there; he said business was not very driving; I don’t know why he called; my store is at 64 Chapel street; I have stated all the conversation there about this girl. I told my wife; told no one else until after this transaction. I think I told this to Dr. Keep. Examination resumed.—On this occasion, he made no business with me ; he had not called before for some months. Mariner Beecher called and sworn.—I saw Clark often during the winter and spring preceding this occurrence. At times he was absent- minded. The latter part of October I went into the store one morning about 9, and inquired for Walter Barnet. He made me no reply, but stood and gazed at me. I started to leave the store; he started all at once as if he had just heard me, and said that Walter had just been there and had gone. I noticed that he was absent-minded after this ; I saw it very often; I went there to see somebody beside him. Cross Examined.—I noticed it from October to first of April. Have known Clark about two years—not well until last September; I told this to Mr. Barnet the same day. I told it in May to Edward Downes. Mrs. Mary Woodward called and sworn.—Have known Willard Clark about four years. I lived in George street, three doors distant from his store. Have traded there daily ; have noticed through the past winter that he has been unusually abstracted, and neglected his business, and has played on musical instruments when there were a half dozen customers waiting in his store. Once he was in his room, and at another time in his store. I have asked him for articles; he would stare at me with wild countenance, take up one thing and lay it down, and take up another, until I had twice called his attention to what I had come after. I first noticed it in the spring. This was through the winter. Twice I noticed something. I was in the store, and instead of getting what I wanted, he looked at me with an unpleasantly wild countenance. I most noticed these things between two and three weeks before this occurrence. Spoke of it on my return home. I never heard or knew anything against him previous to this occurrence ; his temper was very obliging, as I had several opportunities of knowing. Cross Examined.—Noticed the particular change in the spring. I first noticed any change in the course of the winter, perhaps in January. This was a perfect inattention to his business, and abstraction. Then 54 TRIAL OF WILLARD CLARK. there was a change to wildness. This was shown by his eyes and a va- cant look; he talked from one thing to another, unconnected!}7. I no- ted it twice. Those are the only instances to which I could swear. My impression is, that he often did it in the latter part of the time ; I was obliged to be there so much longer than was necessary to get things. I have been asked lately, if I recollected anything, and I recollected all I could. Lived near him for four years. I was in the store when he play- ed on the musical instrument; it was a bass viol. He put it down to serve me. I waited there ten minutes. The other time he was in his room. I called him. Don’t know who was there. When he stared at me it was within three weeks of the killing. Miss Harriet Barber called and sworn.—Lived within three doors of Clark’s store, on the other side. He was at our house in April; he asked me if my brother had borrowed a gimlet of him within a week or two. I told him no, he had been gone. He repeated the question at least three times more, without apparently knowing what I had said ; he then asked me if my brother was at home. I told him no; had told him so three or four times. I was four or five feet from him ; had no diffi- culty in hearing what he said ; he then kept looking at me in a fixed manner. Looked melancholy when he first came in; had not seen much of him, previously, for some months. Then he laughed and turned away. There was no occasion for the laugh. Cross Examined.—It was about 9 A. M. It wTas the second of April. Have known Clark six or seven years. Nobody was by; it was in the yard. Never saw him act in that way before. This was all I had noted. He didn’t seem to take the sense of what I said. In the early part of the winter I had noted that he was abstracted, not wild. So far as I know, he was very good natured, obliging and respectful. Mrs. Sally B. Carr called and sworn.—Have known Willard Clark for twelve years; his character, temper and disposition were good, so far as I know. Noticed things peculiar in him, previous to this transaction. It was about a month before it. 1 went to the store, he appeared singu- lar, took no notice of me. I didn’t go to his store, often, for the last year, but when I did, I saw that he appeared different. I spoke of it to a lady, and to my sister. When he came out of a little room adjoining his store, he appeared as if his head might feel bad, flighty. Lfidn’t seem to know how to wait on customers. Cross Examined.—I have been in three or four times during the year. It was in the spring. Every time I went in he appeared different from what he used to a year ago. He appeared flighty, and as if some- thing ailed his head. I don’t know what I went there for. Don’t know whether I got it. This was three or four weeks before the homicide. I went there after that. He came out of the back room. I don’t recol- lect anything that he said or that I did. I noticed this strangeness when I saw him afterwards. Mrs. Sarah Potter called and sworn.—Have known Willard Clark for fifteen years; his character was good; I never heard or saw any- thing against him; always thought his disposition and temper good. TRIAL OF WILLARD CLARK. 55 Saw a change in his appearance about four weeks before the murder. I went in there one morning for tea or something; he Avas in the back room. A young man came out; I told him I wanted Mr. Clark; he called him ; he came part way to the scales, and then turned back, and looked over his shoulder, laughing at me. This was the first I saw. After that I OAved him a little bill, and went in to pay it? he said, do you owe me ? I said, yes ; he said to me, if you owe me you knoAv it, and can pay it. I did know it, and paid it. Had a conversation about Jim Gorham, the Thursday before this thing happened. He asked me if James kept steady. I Avas surprised at the question. He knew that Jim Avas steady. I Avent in and asked for sugar, and he Avent to weigh- ing out tea ; didn’t seem to know what I asked for. The last week he didn’t seem to Avant to Avait on customers; he would stand and laugh; it was a simple laugh. Cross Examined.—I never knew him to refuse pay; he didn’t seem to care about it for the last Aveek. I think he could not sometimes tell the price of articles. I don’t know that he failed to tell the price of an article. I think that it Avas Mr. Kent that came out of the back room. 1 asked him, isn’t Willard here ? He said yes. Willard came out reluct- antly, but finally served me. I think I paid him. I selected the sugar. He did the business Avith me. It was in the morning before breakfast. I think it was Saturday morning. It Avas tAvo or three weeks before the killing that I paid the bill. I never owed him so much as a dollar. I said to him, isn’t it as much your business to know Avhat I owe you, as mine? He said he didn’t know but it was. Gorham is a silver plater; had boarded with me for two or three years. I was surprised at the question. 1 told of it at home. I never turned it in my thoughts that he would be a crazy man, but I thought he acted dreadful strange. I noticed the strangeness first, just after he got home. I Avas in his store three or four times a day. Previous to this I had noticed that he was not in his store, that Avas all. I would have to go to the chamber stairs, and call him. Examination resumed.—Never noticed the laugh until that morning. It Avas a smile, a simple look, and laugh. I cannot describe it. The Defense then put in a deposition taken in Iowa, as follows, with the interrogatories put to the deponent: State of Connecticut vs. Willard Clark. Clark M. Loomis being duly cautioned and sworn as a Avitness in the above entitled cause, doth in answer to the interrogatories accom- panying the foregoing commission depose and say as follows : Int. 1.—How long have you known Willard Clark ? In answer to the first interrogatory he saith as follows: Arts.—I think about four years. Int. 2.—What were bis character and disposition during the period of your acquaintance with him ? 56 TKIAL OF WILLARD CLARK. In answer to the second interrogatory he saith as follows: Ans.—His character was good, so far as anything that I know. He was perfectly honest in every sense of the word. In disposition he was kind and affable; as a neighbor, courteous and obliging. Int. 3.—For how long a time immediately previous to his arrest had you been in the habit of frequenting his store? If you did frequent his store, how came you to do it ? In answer to the third interrogatory he saith as follows : Ans.—For two months previous to his arrest, I was out of business, and was in Clark’s store almost every day. Int. 4—During this period, did anything in his appearance or be- havior attract your attention ? If so, state fully and particularly what it was that so attracted your attention. In answer to the fourth interrogatory he saith as follows: Ans.—During that time I noticed that he grew very careless and negligent of his business; paced the floor a great deal, appearing ab- sorbed in his own thoughts, and when customers spoke to him he fre- quently took no notice of them at all. Frequently during this time when I have been in his store, and have spoken to him, he has acted strangely, waiting a good while before answering, and often not answer- ing until I had spoken to him a second time. This conduct of his evidently grew worse day by day. Int. 5.—What, if anything, do you know about the circumstances of the affair in which Richard Wight was shot? In answer to the fifth interrogatory he saith as follows: Ans.—I know nothing about it. And further this deponent saith not. C. M. Loomis. Sworn to and subscribed before me, this 20th day of August, 1855. C. G. Blood, Justice of the Peace. Mrs. Rhoda Parmalee called and sworn.—My husband owns the store of Willard Clark. We live half a mile from West Bridge. Have known Willard Clark since he was fifteen years old ; he came to us at that age; he boarded in our family a year; then Dr. Croswell took him away, sent him to a school in Cheshire. Next knew him in the fall of 1848; he had then been in Chicopee; staid a year and a half with us then, until we left the store; he took the store; he had been boarding with us; he boarded himself after he took the store—occa- sionally took meals with me; I told him to as much as he liked; his character before this transaction was good—honest in every sense of the word. We dealt with him : his disposition was remarkably kind and amiable; he was very sensitive to an injury; his mother’s death, in the spring of the year when he first came to us, affected him greatly ; he felt as if he had lost the only friend he had. He was melancholy, and cried violently. He spoke of his mother’s death as a great affliction ; he was devotedly attached to his mother. After her death he was inclined to fits of depression. After he came back from Chicopee his character was not as solid as I expected to find it; he conversed with me often TRIAL OF WILLARD CLARK. 57 about troubles he had had there ; he did not tell me of it at first; he would sit in melancholy moods when he was not occupied ; was fond of playing on the violin ; he conversed with me about his recent troubles two or three times before the engagement was broken oft’; after the en- gagement was broken off, he conversed with me about it; he suffered exceedingly,; his trouble about Miss Bogart was his chief conversation; in fact, 1 never could engage him in any other conversation ; he came to our house during the winter; we moved away from Park street in November; he said he should come to see us every Sabbath when it was unpleasant; I continued to see him down to this transaction; I saw him last, the last Tuesday before the killing. Before the engagement was broken oft’ he conversed with me, and manifested much feeling; he said he feared Miss Bogart had not the affection for him that he had for her; he was going to propose to be married within a fortnight; this was in the fall; I advised him not to; he said her mother was con- stantly telling him that Henrietta had a strong attachment for him, and cared for, and would go with nobody else. I advised him to test it; he did test it; he asked her to marry him in two weeks, and she refused, and then he proposed a dismissal, and wrote one. Court adjourned. Thursday Afternoon, September 20th. Court opened at 2 o’clock. Examination of Mrs. Rhoda Parmalee, continued.—ri he Sabbath after the marriage, my daughter gave Clark a handkerchief. It was Sabbath morning that he came up. He went away in the evening, about 9 P. M. He said he thought of going away to Chicopee, leaving his business for a time, and getting some one to take care of it. We re- monstrated. He said it wouldn’t make any difference with him, he thought likely he should not remain in the store much longer. He then proposed to sell out. We opposed it. Asked him what he was going to do. Said he didn’t know, he might go west. If he were going to do business, he would prefer to stay in the store. I tried to console him ; he soon began to cry ; he cried violently for half an hour, the tears were rolling down his cheeks; I saw he had no handkerchief; he said some- thing about the marriage ; he said Mrs. Bogart felt bad; she thinks I have not been used well. Nothing was said about Wight, but that he was not worthy of Mrs. Wight; he did not state anything against him. My daughter gave him a handkerchief; he used it an hour until it was wet, in his hand; he cried for two hours, almost constantly; I tried to console him ; I said Miss Bogart did not appreciate him or she could not have done so. He said she did love him, he knew she did. I asked how she could have married Wight then. He said he could not under- stand, it was a mystery to him. I saw that my conversation distressed him, and I desisted talking about her. He didn’t say a great deal more. We tried to persuade him to change his mind with reference to going away. He sat down at the dinner table, did not eat much. He 58 TRIAL OF WILLARD CLARK. had had almost an extraordinary appetite. After dinner, he smoked a cigar or two, and appeared better. He had another crying spell before tea. I said not much more about this subject. He had been in the habit of playing the flute, while my daughter played the piano. He did not ask her to play then. The Tuesday before the affair, he came about 8 A. M., looked very sad indeed. He spoke and said, I don’t know that it does me any good to come up and see you, Mrs. Parmalee. I said, why ? He said, it seems to me too much like my home. I think he shed tears. He began after a while to talk about Miss Bogart, the marriage, and Wight. He spoke about a conversation about the melodeon going back to Mr. Bogart’s. Said Mrs. Bo- gart was telling him about what Wight said, and Wight came in, and then talked with him about it. He said Wight got excited, and shook his fists. He said he was excited at first, but became cool in a moment. He said Wight did not love Miss Bogart, but married her because he hated her, and married her to torment her. He said it was a mystery to him why Miss Bogart married him ; said Wight had gained an influ- ence over her, that she did not love him. He appeared very uneasy, twisted in his chair. He said they were going to go away that week; he said she did not speak to him ; he said it was because Mr. Wight ob- jected to it. He said they were going away because he visited there. I thought then I would remonstrate with him for going there. I said, Willard, you won’t go there any more, will you? He said, yes, I will; I don’t know but I shall finally make it my home there. He asked me what I supposed was the cause of his taking the melodeon back there; he said he would state some facts that would explain it. He seemed to clothe it in mystery. He said the family were very fond of music; that Mrs. Wight was very much so, and he thought it would be a satis- faction to her to have her younger sister learn music. He said, now if you can gather any reason, then that is the reason. He said they were living together in adultery. I was surprised and rather shocked at the remark. He went on and tried to prove it. He said she did not love him, or he her, that there was no union of spirits, and that in the sight of God there was no marriage between them. He went away soon. I asked him to dinner, and he declined. I noticed when he went away, an unmeaning laugh which I never saw before. He had been pacing the room. Cross Examined.—We went to Park street from the store. We now live in West street, near the new Cemetery. Our house is hardly in the vicinity of West Bridge. The Evergreen Cemetery is not in the vicinity of West Bridge, Willard came to us before his mother died. When she died, he was changed. After that he was subject to melancholy fits, which I never saw him have before. I never saw evidence of unkind- ness in him. He would bear an injury patiently. He was sensitive to a real injury. Don’t recollect that I have said that Willard was revenge- ful. I have said that I would not have a daughter of mine marry him. I am confident I did not say that he was revengeful. The other remark I made to Mrs. John Parmalee, as long ago as the winter of 1854. I TEIAL OF WILLAED CLAEK. 59 said so because he was avowedly a skeptic in religion. Dr. Croswell used his influence to get him a place, and he went away under his care. Willard made a confidant of me. Before the breaking off the engage- ment, he conversed with me about it. He said he feared that Miss Bo- gart had not as much affection for him as he for her, in October and November, ’53 ; she did not manifest it as he thought she ought to. He said she never showed so much affection as when she wanted him to get her something. He said she had solicited him for presents some- times. I told him I believed she did not love him. He said she did. At this time he said he was about to propose to be married in two 'weeks. I tried to dissuade him. I could not. I told him he could test it so. He afterwards said he had tested it, and she would not do it; that he then proposed a mutual breaking off of the engagement, and drew up a paper; that she would not sign it. This conversation was during the winter. I understood from him afterwards that the engage- ment was broken off, and that the paper had been signed by her at his urgent request. He felt that he had done very wrong in compelling her to sign it. He reproached himself for being so urgent about it. He said she gave as a reason that she was too young to be married. He said something about her wanting him to wait until May, or saying that if he could not she would not marry him. I didn’t ask him why he came to press the breaking off of the engagement. When I told him that she didn’t love him, he would turn back and say that she did love him ; it was him that was to blame, he said. My daughter stepped and handed him the handkerchief. The Sun- day was the day before he went to Chicopee. It was 10 o’clock in the morning when he came up. He said he was anxious to go right away to Chicopee. He had no one engaged to keep open his store. His store was kept open. I asked him if he was going to Chicopee to get him a wife. He did not make much answer. I asked him what kind of a fellow Wight was. He, I think, did not say that he had nothing against Wight, nor that he had. He said nothing further about him. He left about 9 o’clock. I think I have related all the particular circumstances of his Tuesday’s visit. He was as much excited on these two occasions as I ever saw him; on the Sabbath, more so. Tuesday he was much agitated, but not so much as before. I felt, however, quite as anxious about him as I did on the Sabbath. I was afraid of his committing suicide; he had frequently intimated something about suicide. He said Wight married Miss Bogart to torment her ; he said there wasn’t one of Mrs. Bogart’s family that liked Wight. I was ironing. He asked me when he had stated his explanation about the melodeon, if I saw the reason. I said I thought I did. He told me that in the conversation with Mrs. Bogart about the melodeon, Wight came in and they two had a conversation. Wight said that he heard some one on the street say that he, Clark, said that he carried the melodeon there to torment Wight. Wight ask- ed him what he thought of it. He answered that considering the source from which it came, he shouldn’t pay much attention to it. Wight was 60 TRIAL OF WILLARD CLARK. angry, and got up, and went to him and shook his fist, and wanted to know if he called him a liar. He said if that was calling him a liar, he did. He said he was angry at first, but soon cooled down, and rather laughed at it. Did not see him after this Tuesday; did not go into town; did not publish to any one my apprehensions; did not mention them particularly to my husband. James Gallagher called and sworn.—I have known Clark for ten years. Previous to this occurrence, I was up in George street. Saw Mr. Clark in the door of his store. I spoke to him ; he did not speak to me—but stared. When I heard of the occurrence, I said, that acounts for his conduct to me the other day. Cross Examined.—He was in my employ in Chapel street, once. I was going up that day to the Francis Turner place. I said, good mor- ning, Mr. Clark. He only stared at me. I simply passed by. I felt a little offended. I passed right close by him. This was three or four days before the homicide. Samuel Short called and sworn.—Have known Willard Clark fifteen years. Have traded with him, lately. I have noticed things strange about him; it was at first, in January. I would go in and ask for a thing, and he would not get it. I mentioned it to some one, and asked what was the matter of him. I noticed this along through February. In March his eyes began to be glassy in the morning; seemed so to me. I always considered him a nice, honest young man. Cross Examined.—The first strange thing I noticed about him was absent-mindedness. The other peculiarity was his glassy eyes. You asked for a thing, and he wouldn’t give you an answer; he seemed to be bewildered. Joel B. Bishop called and sworn.—I first knew Clark on the Tues- day before the homicide. I called at the store. I had called on Mon- day morning, at the request of Mr. Kent, but did not see Clark. I called there to make a fish stand. Clark referred me to Mr. Kent for dimen- sions, said Kent would soon be in. I proposed to call on Kent, and get them as I went to my shop. He said, yes. I went to my shop, and in an hour the door opened very hastily, and Clark entered. The manner of his entrance attracted my attention. He asked me not to make the stand. I told him I would not, and he left. I next saw him on Sat- urday morning, at the store about 9 o’clock. I went there to fix the stand. He appeared wild and strange. I requested him to designate about the manner of cutting a hole in the stand. After I had asked the question two or three times, he said, you know best about it. I raised my eyes, and he stood looking at me with a vacant stare; his whole conduct seemed to be strange. The only rational thing he did was to ask how much it cost. Cross Examined.—After my interview with Kent, Clark requested me not to make the stand; I afterwards got directions from Kent to make it. At the store Saturday morning I asked him three or four times how large he wanted the hole for the waste pipe. He looked at me vacantly, and referred me to Mr. Kent. He asked me what it would cost. He did not pay me. TRIAL OF WILLARD CLARK. 61 I asked him three or four times before he replied. I was standing within a few inches of him. Mrs. Anna Janes called and sworn.—Previous to the day of the homicide I had no acquaintance with Clark. That day I went to his store to buy some goods, between 8i and 10 A. M. I wanted fish, stove blacking, and lemons. I wanted to see Mr. Clark about his cousin. I was pointed to him. He was standing by a desk outside the counter. He had a large book in his hand. I asked where Mrs. Nichols was ; he said he did not know. I told him where she was when I last knew of her. He said, 0, she’s there now, I had forgotten. I called for my articles two or three times before I got them. He would help me to one thing, and then he’d forget, and I’d tell him the next thing I wanted. Then I spoke to him about sending my little boy there to get things, as I had moved into that neighborhood, and might want to be trusted rather than send him with change. He said nothing. I said, very well, supposing that he didn’t want to, and was going. What did you say ? said he. I repeated what I had said. He then said, cer- tainly. Then he was going to leave me without taking the money. I gave him the money and then spoke to him, and asked him if he would send the things home. He didn’t answer. Just then my little boy, Eddy, came in, and I said, Eddy will take them home for me. After that Clark said he would take them home. I mentioned these circum- stances at dinner, that day, to my husband, told him that I had been to see Clark, and that he was a very peculiar person. Cross Examined.—Lived a short distance above him. Mr. Kent was in the store, and several other persons. I purchased one fish, one paper of stove blacking, and I don’t know how many lemons. I told my hus- band when he came home that Mr. Clark was a very strange man. Mr. E. P. Willis called and sworn.—Did not know' Clark before that Saturday. Saw him then. Passing up George street, on my way home, I recollected that Mrs. Willis wanted some groceries. This was about eleven. I went into Clark’s to get them. Never was there before. I went in at the George street door. He was leaning against a partition on the left of the store. Another gentleman was there. It was Mr. Kent. Clark made no motion in answer to my salutation. Kent did. I said, I want to get some groceries, to Clark. One of them was vine- gar. He made no reply. I looked at him closely. I noticed a vacancy about him, a kind of a glare, and an absent-mindedness. I left Mr. Clark, and went to Kent, told him what I wanted, and said, how will you have these sent home? Clark said, I’ll find you. I said, you don’t know where I live. I told Kent where I lived. I offered to pay Clark. He said, never mind. I was a stranger to Clark, had not traded there before. I told Kent I wanted to pay for them. He took his pencil, reckoned it up, and I paid the bill. This is all that I know. Cross Examined.—Kent was behind the bar. Saw Clark; spoke to him, because he was nearest me. I knew Kent was not the owner, and supposed the other man was Clark. I bought half a gallon of vinegar; a half a gallon. I want you to distinctly remember. Can’t tell what 62 TRIAL OF WILLARD CLARK. else I bought. Think I paid, perhaps, about half a dollar for what I got. It was a few moments before I got home, that the things I got there came home. It was the man whom I now call Mr. Clark that brought them. I dined at home that day. It was getting along towards half past twelve. I told these circumstances a few moments before twelve that day. I have told them within a few days to the Attorney who called upon me. Mrs. Margaret M. Willis called and sworn.—I am the wife of the last witness. Saw Willard Clark on the day of this occurrence; it was about eleven. Mr. Clark brought me groceries then. They were those that my husband had bought. When he came to the door, he said my husband had bought the groceries. I told him I would get a demijohn in which to put the vinegar. He said that would not hold it; there was a gallon. Told him that I told my husband to get a half a gallon. I then got another vessel. I noticed that he looked flurried. When he turned to leave the door, he muttered to himself. Instead of going out of the gate, he jumped over two fences. Watched him as far as I could see him. Cross Examined.—I only recollected that he brought vinegar, because he had more than I wanted. I found that the demijohn would not hold it. When he went to go, he was muttering to himself, talking incohe- rently. He was in the back yard, on the stoop, going off it; he was then muttering. I should not suppose it took him a half moment to get off. He broke into a run as soon as he was off. The first fence is near the back step. He put his hand on it, and jumped over it. It was a short distance to the other fence. He jumped over it in the same way. I told this- first to my husband. Afterwards I told it to various persons. I cannot tell one of them. The fence is a common five rail fence. There was no occasion, that I know of, for jumping the fences. We had a gate. Jerome L. Stout called and sworn.—Have known Clark three or four years. His character was very good. The first particular change that I noticed in him, was, I think, in February last. It was an inattention to business. Somewhere from the tenth to the fifteenth of March I dis- tinctly remember calling at his store. He was sitting in the George street door, with his face in his hand, sitting on the step, leaning against the western door post. His eyes were open. I said, how do you do, Willard ? He made no reply, neither did he move. I spoke, I think, after that twice in succession before he made any movement, or any reply. Then he rubbed his forehead and moved. I asked, what was the matter. His reply was, enough, enough. I repeated the inquiry, and he shook his head. Then I asked if I had done anything for which he was angry with me. He asked what I meant by that. I told him I thought he acted rather singular ; he said, nothing, nothing, Oh no! Oh no ! Then I made known to him my errand. My errand was to see if he wanted to buy some molasses ; Mr. Finch, in whose employ I am, had just received a cargo of molasses, and I called to see if Clark wanted TRIAL OF WILLARD CLARK. 63 some. Clark said he had all the molasses he ever expected to sell. I asked him why, if he had a large amount ahead? He said, no, no, no, but enough. Then he made some remarks about his having had a good deal of trouble lately. He seemed very indifferent, and spoke reluct- antly. I saw him every day afterwards. He appeared about the same, wandering very much in his conversation. I am strongly impressed that the last time I saw him was on the day of the homicide. I went in and inquired for something; he stood in the south door on George street. He paid no attention to me. Two little girls were there, wait- ing for him to wait upon them. I called his attention to them. He said if they wanted to be waited on more than he wanted to wait on them, they might wait on themselves. I did not get what I went after, but went away. I asked Clark where Kent was. He said, I do not know nor care. Gross Examined.—He didn’t tell me he was going to sell out. I in- quired if he was, and don’t think he replied to it. Have been in the habit of going in there frequently since May, 1854. My wife had said once or twice that she wouldn’t go in there any more, that he slighted her, and didn’t seem inclined to wait on her. During the latter part of the time, at intervals, he seemed cheerful, and at times, deranged in his mind; I considered him love-cracked. The day when 1 last saw him, the day of the homicide, I think, was a hot, sunny day. Clark stood in the south door on George street, in the sun, with his hat off. It was at noon. They were little girls. He didn’t serve me that day. I think I called for something. Mrs. Isaac Beers called and sworn.—I live on High street. Have traded with Clark a number of years; traded there occasionally. Never heard anything against him ; always thought favorably of him. A few weeks before the homicide I noticed a change in him, an absent-mind- edness. I would ask for an article, and he wouldn’t seem to understand me, and I was obliged to ask two or three times. I saw him on the day of the homicide, in George Street, about three o’clock in the after- noon. I passed him quite near. I spoke to him. I said, how do you, Mr. Clark ? He didn’t take any notice*' of me at all; he seemed to be walking fast. William II. Ellis called and sworn.—I knew Heman Clark, father of this prisoner, fifty years ago. Did not see him much in his younger days. After I moved to New Haven he was here some ; did not see him much. Thirty years ago I kept shop in Church street. One morning some customers were in the shop. Heman Clark was there. He said, loudly, I can do as well without God Almighty as God Al- mighty can without me. I said to him, you wicked wretch, go out of the shop, if you say such a thing. He looked me right in the eye, with very great force, and said, it would be very improper in you to say so, but it is perfectly proper for me, and added, that I didn’t know his power. He was talking pretty loud; I took hold of him to put him out; he said, take care, don’t provoke me to curse you, for whom I curse, is cursed forever. Then I knew he was deranged; he was per- 64 TRIAL OF WILLARD CLARK. fectly sober; his eyes were glassy and wild. Afterwards I went into Joe Stevens’, and found Mr. Clark there. Some one said, Clark says he can bring East Rock into New Haven. I said, it will be a longtime before you get it moved; he said, you don’t know my power ; I thought he was crazy ; he was wild ; I thought he was insane and I had no doubt of his being so, at times. Cross Examined.—Ileman Clark was a resident of Waterbury; don’t know where he was born, or when; he was older than I was, I thought; I once resided with him at Waterbury. I don’t know that I ever lived in the same town with him after that. He was a clock ma- ker ; don’t know where he lived after I left Waterbury ; I left Waterbury in 1806. Never had any business transactions with him; I often took him afterwards into my wagon to ride from or to Waterbury ; I met him then six or twelve times a year, on the road, and as often about town, from 1820 to 1825; don’t recollect seeing him more than once since 1826; do not know that the young man on trial is his son ; never saw him until to-day. Heman was moving about here, from one place to another ; he hadn’t much business; I never saw him when he was go- ing on a spree ; I had heard that he was intemperate. Joe Stevens kept a small tavern. I have told the two first circum- stances often within ten years. I can’t tell what species of insanity he labored under; he was communicative when he had these fits, at other times ho was taciturn ; these two times were the only times he was raving. Incoherent expressions, extravagant and strange expressions, accompanied with strange looks, motions and actions, are my tests of his insanity. I thought he had not been drinking; I spoke to ’Squire Mix about him that day ; don’t know whether Mix took care of him; don’t know what family he had. Mortimer Camp called and sworn.—I know Willard Clark; have for six years; his character up to the time of this homicide was good ; his temper and disposition were good. I noticed a change about him two or three weeks before this happened. He wasn’t particular to have my account book made out, Saturday. Another thing was, he was not so sociable as formerly. He walked the floor, a good deal. Had never seen him do so before. Saturday, April 28th, I was in there in the af- ternoon ; saw a tear standing on his cheek. Can’t say what time it was; was in there several times. Thought that was strange. Cross Examined.—Never saw him cry before. Noticed that his face was flushed; never saw him when I could say that he had been crying. I work for Mr. Cannon, in Chapel street. I was not at work that day. Had conversation with Clark. Came in to thank him for going after the Doctor, the night before, for me. Did do so. I was in there, an hour. Am not certain whether Kent was there. There were three or four people in during that time. I didn’t see Clark wait upon them. I said nothing to Clark about the tear. I think Walter Barnett was there. I think Mr. Carr was in there, in the course of the day, while I was there. Can’t say whether we had conversation. Don’t recollect anything more than what I have told. I first told of this, on Saturday 65 TRIAL OF WILLAED CLARK. evening. Have told a number about it. I told it to Mr. Cannon, this week. The idea of his crying had worked hard on my mind. Was in there almost every day. Was on friendly terms with Clark. Had spent time there evenings. I saw the tear on his cheek while he was walking back and forth. Frank Spencer called and sworn.—Reside in Naugatuck ; knew He- man Clark ; he was in my employ five or six years—I cannot say that I supposed him to be an insane man; he was singular; he was actuated by passion and impulse, and expressed himself extravagantly under excite- ment ; he was sometimes profane and vulgar; at times he was a gen- tlemanly, well informed man, and attended to his business; if excited he would behave and talk very unreasonably ; I first knew him in 1828. Once in the shop, in conversation with his sons, (it was near night,) he told them to go home and prepare wood for the night; he was busy at work. The boys didn’t start immediately, and he was angry ; with fu- rious gestures he drove them out of the shop; they crossed the road and sat on the fence; he was very angry; went down and flung stones, clubs, or anything he could get at them; they were seven or eight years old. We had a store ; he had engaged some turnips of a neighbor, and I don’t recollect what disappointed him about them, but he was very angry ; he was violent, and said in substance, that he could on Baldwin Beecher’s farm, where he lived, on a spot not larger than this counter, in one year, raise turnips enough, at five cents a bushel, to supply the town of Naugatuck; he seemed perfectly sincere in saying this; he was particular about church and apparently devout; don’t know whether he was a member of the church. The sort of thing I have de- scribed was common at times; he conceived strong prejudices against individuals, for real or supposed offenses, and they endured; I remem- ber his having a prejudice against one Mr. Bunnell. If any mischief was done anywhere in the neighborhood, he would charge it on Bun- nell ; would make the charge as if he believed it. I didn’t suppose that he or anybody else had reason to think that Bunnell did the mischief. I did not think he was deranged ; I called him a man of very unequally balanced mind. Mr. Harrison asked the witness what he meant by an insane man. Objected to by the Attorney ; allowed by the Court. I think an insane man is a man totally devoid of reason and judg- ment, and incapable of self-control. Cross Examined.—I should add, also, that an insane man is not ac- countable for his acts. I thought this man not insane in that light. He was a man who drank ardent spirits, periodically, I think. This strangeness was most apparent when he had been drinking. There were long periods when he did not drink. Don’t think he had been drinking on any of the occasions of which I have spoken. At the turnip talk, he might have been drinking, although I have no reason to sup- pose he had. Court adjourned. 66 TRIAL OF WILLARD CLARK. Friday Morning, September 21 st. Court opened at 9 o’clock. Philander B. Hine called and sworn.—I knew Heman Clark for ten or twelve years, when he worked for Spencer & Hotchkiss, at Naugatuck, and when he worked for me, knew him a year. Was present at the conversation about turnips. Something was said at the store, when he was there, about his purchasing turnips. He said he would take a con- tract at five cents a bushel, and supply the town. He didn’t want a spot of land on Beecher’s farm, for it, more than half as large as the counter. He was singular in his conduct; sometimes he was taciturn, at other times he was the reverse. He had very singular turns, at times very much depressed, at others very communicative. Once in convers- ing with Mr. Baldwin, about clocks, he started up and said, Baldwin, you are a d—d fool; you could not make a cider-tap with a shop full of tools. He said himself, that he could made a clock that would run a thousand years, in a -week; all the tools he wanted were a steel trap and a gun barrel. He would say such things with every appearance of seriousness. He would frequently in his moody turns, sit out doors, looking at the stars. I once went out to him when he was sitting on a log. It was time to go to bed. I told him so. He said, I’ll thank you to mind your business ; I don’t want to be disturbed. I never saw him in- toxicated ; have no doubt that he drank liquor. As to these times, I had no reason to suppose that he had been drinking to excess. I don’t mean to have it understood that these were the only strange circum- stances about him, that impressed themselves on my mind. There were many of this character. From these circumstances and others, and his general appearance, I have no doubt but that he was at times a de- ranged man. Cross Examined.—He worked for me, I think, in 1837 or 1838. It was in Straitsville. Could not say from my own knowledge that he was an intemperate man. John S. Butler called and sworn.—I am Superintendent of the Hart- ford Retreat for the Insane. Have been between twelve and thirteen years. Had charge of another institution in Massachusetts, for three years previously. My attention is exclusively devoted to the Retreat for the Insane. I saw the prisoner for the first time on the fourth of August; visited him in the forenoon from ten to twelve, and in the af- ternoon from half past two till four, in the prison in this city. I do not think he knew me. I did not lead him to understand in any way, who I was. I saw him again, August 21st, from two to four, P. M. Did not see him again until I saw him in this court room. On my first visit I requested him to tell me all about this homicide. Our conversation extended through the three and a half hours that I was with him. He said he became acquainted with this young girl in 1851 ; that he was very much pleased with her; she seemed unlike other girls; he could TRIAL OF WILLARD CLARK. 67 not get near her, she would leave as he approached her, and would shun him; he became very much attached to her, and she to him; that they were engaged in 1852, when she was fourteen years old; he said though she was very much attached to him, he could never induce her to give him the usual tokens of affection ; she was very much in love with him, but too modest to say so, and would play tricks upon him; she was very apt to try hard to provoke him. This state continued for some time, till some time afterwards they had a quarrel, when the engage- ment was broken off, which he said was a source of great distress to her ; she suffered more from it, than he did. He then spoke of her acquaint- ance with Wight, and his attentions to her; that there was an intimacy between them which continued for some time. This was after the en- gagement was broken. Then he said Wight left her suddenly without apparent reason ; that on his visiting her more frequently, Wight renewed his attentions; that they became engaged and were married. He said Wight was a great scoundrel, a bad, unprincipled man; that he delighted in breaking up matches, and boasted of it; that in this case he had no love for the young woman ; that he wished to do her mischief; that was the whole object of his attentions to Miss Bogart. He said that Wight had great power over her; that he obtained this power by the means he used to break up the engagement; that this was to seduce her, and that he had done it. He said this was very evident hut gave no reason; he said it was clear enough. Said Wight, after he had accomplished the object, then of course left her; that was the secret of the cessation of attention ; that hearing Clark was again renewing his calls, he renewed his-ad- dresses ; that finding he could not again deceive the young woman, he resolved to marry her, and did so, with the intention of removing her from the care of her friends, getting some one to debauch her, and then turn her on the world. I asked him how Wight could succeed while she was so much in love with him, Clark. He said he didn’t under- stand,—it was either by drugs, or by the fact that when the engage- ment was broken off, she was miserable and flung herself away on Wight. He said Wight was a corrupt man, an unprincipled wretch. He said he couldn’t understand how her love for him could be over- thrown. He said Wight had a deadly hatred to this whole family. He did not give any cause, reason, or evidence, nothing but the bare assertion. Said he felt it his duty under these circumstances to save the girl, at all hazards; she loved him devotedly; she hated her hus- band, and he tyrannized over her, and was dragging her down to de- struction. I use his words as near as I can recollect. Said as she was very proud and high spirited, and much above the generality of girls, she would fall the deeper when she fell, and he must save her, some way or other. Spoke of his visits to the house, and interviews with the family. I endeavored to draw from him some evidence of her attachment to him. He could give none. The facts that he referred to as evidence of her attachment, were, to me, evidence to the contrary. He said she would not speak to him, when he came into the room, in 68 TRIAL OF WILLARD CLARK. consequence of her husband’s forbidding it, but that as he left the room, he caught her eye, and saw the truth in it. He said it was evident enough; once when he was there, she threw herself into her husband’s lap and kissed him, and as he left the room, she gave him a look of appeal to rescue her from destruction, and he determined to do it at all hazards. Told a number of other similar incidents. He gave as an evidence of her affection for him, that she once called him by her husband’s name, Richard. A number of facts he adduced as evidence of her affection for him, which to my mind evinced dislike; but evidences of affection for Wight, he quoted as evidences of love for himself. The evening in which she gave him that look, he said he made up his mind that he would take Wight’s life. Said he thought that to be sure that he was right, he would consult some friend, and get his advice. He took a walk out into the country with a friend, Barnett, who dissuaded him from it. He then adopted another plan. It was to go to the house, call the family together, and tell the whole story before Wight, to expose Wight’s villainy, from the beginning; he didn’t know how it would result; it might be that when Wight found himself under- stood, he would leave the house and this part of the country and go off, or he might get excited and get angry, have a scuffle, and that in it, one would die. If Wight killed him, it would be done without due provocation, and he would lose his life. If he killed Wight, people not understanding his reasons for it, would want him executed. In either case the girl would be safe. It wras a matter of apparent indifference to him which way. I expostulated with him on this view ; I said you violate the laws of God and man, the law laid down in the Bible, and the laws of the land ; but he said he took a different view of the Bible doctrine about killing. Said that in many instances in the Old Testament, the taking of human life was highly commended. Spoke of the staying of the plague by Phineas’ killing Zimri. Quoted from Tupper’s Proverbial Phi- losophy, from the article on Subjection : "Also, in the rescuing of innocence, fear not to smite the ravisher ; What though he-die at thy hand? for a good name is better than the life said that in Proverbial Philosophy, Phineas was highly commended. We had an argument about it. He said life to him was a burden, he had nothing to live for; if by giving his life he could rescue from cer- tain destruction this girl whom he loved, and who so devotedly loved him, he didn’t see as he could do anything better with it. He said it was a cheap price to pay for such a great end; it was a fair mercantile transaction ; he paid for it as much as it was worth. Said he had done right in doing as he had done. People didn’t understand it, and he might have to suffer. He said she was very much distressed now, but that the great trouble was the liability of exposure, that now the secret of her seduction must come out. He said that she would by and by get over it, and be glad that she was saved from this destruction ; that it was misrepresented to her, and that very likely people now spoke TRIAL OF WILLARD CLARK. 69 against him to her. He spoke with surprise that she did not visit him in the prison. In all this he spoke calmly, and with every appearance of believing it. He seemed to speak with entire conviction ; substan- tiating his opinion by assertion, his reasons were absurd. He seemed to regard it as his mission to kill Wight. The second interview corroborated this. He went over the same ground. At the first time he told his story. At the second, I questioned him. I think he knew me at my second interview; think the officer who intro- duced me to him, called me Dr. Butler. I did not take special pains to conceal myself. At this interview I asked him what chance of escape he supposed he had. He showed very little care about the issue of the trial; said he supposed that his counsel would plead insanity. I made no reply to it. He spoke of it slightingly, without any interest. From these evidences, I came to the conclusion that at the time of the homicide, Clark was not of sound mind. Taking the whole of his story together, I was satisfied of that fact. I saw nothing in Clark’s personal appearance which might not be mainly accounted for by his confinement in prison; saw nothing in that which I should much rely on, except his entire coolness, resulting from his clear conviction that he had done right in the matter. Have not taken minutes during the trial; have given it my undivided attention. I find my opinion of his insanity confirmed by the evidence on the trial, which, supposing it to be true, testifies to his peculiarity of manner, &c. &c. The silly, senseless laugh, spoken of, is the strongest corroboration. It is indicative of disease; it is such a laugh as is seen in an insane man ; it would strike a casual observer ; other corroboration is his indifference to business, that he tells the same story about these females, and the story of his, told at Chicopee, that the women all liked him, but had the luck of getting married to somebody else. He told me the same story he told others, and it is both the strangeness and this fact that strikes me. Other appearances of distress of mind and his singularity, causing apprehensions of suicide, are confirmatory of the general conclusion. The depositions showed to my mind that the same cause some years since produced similar results in 1852 and in 1854. The symptoms at this latter time would be more likely to occur from having occurred before. The testimony of Dr. Croswell bore upon the point that he was sensitive, and that of Mrs. Parmalee about his being found fault with in the store, went to show that he was disposed to morbidly sensitive feeling. Upon such an individual the effects of great grief and disappointment are more likely to be permanently de- pressing on the mind, than upon one of a more elastic temperament. Insanity, like many other diseases, is transmissible, hereditable. Other things equal, the child of consumptive or insane parents is more liable to incur those respective diseases, than others; that is, to pdssess the predisposition. It is rare that we find cases plainly sim- ilar to this. I recollect one case. [Dr. Butler narrated what he con- sidered a somewhat parallel case.] I have one hundred and ninety-four patients at the Retreat. The 70 TRIAL OF AVILLAKD CLARK. majority are females; ninety are males. I have had cases exhibiting similar evidences of insanity as the prisoner’s, under my charge. I of- ten see cases of insanity, where an ordinary observer would not observe it for weeks, if he were with the patients. There are some now in the Retreat who have the liberty of the town, and there always are. There are patients, too, there, who to a casual observer would give no indication of insanity. Patients are sometimes very ingenious in con- cealing insanity. The effort is not very frequent. I have known pa- tients conceal it so that the insanity was not perceptible for months. When it was discovered, it was very palpable. I detected it. Men of all professions find their way to the Retreat. I would hardly put my- self in the care of a physician who was a patient in a Lunatic Asylum, but often the advice of patients in their professions is reliable to a cer- tain extent. The insane idea is not always prominent, and not always called out. Men are not insane upon all points, generally. Cruden, the author of the Concordance, was an insane man, but his work is a monument of industry and learning. Cross Examined.—I had an interview with Mr. Chapman before I came down, August 4th, about this case; I came down at his request— the details of the case were stated to me very generally; do not remem- ber that Mr. Chapman expressed the belief that he was insane; he told me he suspected his insanity; he stated circumstances to me which led to his suspicion that he was insane; he did not designate the day when I should come down ; I gave no intimation when I should come down, I think, except to my family ; no one went to the prison with me; I told the jailor I wanted to see Clark; I did not tell him why I wished to see Clark; if he asked me why, I do not remember it. I think Mr. Bryan—the old gentleman—went in with me; don’t know that he said anything to Clark ; I did not state to Clark my object in coming there ; don’t know that I told Clark that I had been told to come there; I think I told him that Mr. Harrison said he might talk with me. I had an impression that he might be beset with company and wrnuld not want to talk. I did not tell him where I was from. The first visit I talked with him in his cell; the second in a room in the prison ; no one was present at the first interview. I did not feel of his pulse, or inquire particularly about his health, appetite, &c. at either interview; I never have; saw no reason to do it; he appeared much as other pris- oners would. Don’t remember that I read the circumstances of the event when it occurred. I told him I -wanted to talk to him about the trouble he Avas in. We talked conversationally; there was nothing of special importance about his personal appearance, at either of the inter- views. He told me this story, which I deemed a mass of absurdity. I was impressed by the cool, honest, evidently sincere manner in which he told the story. He manifested a general indifference about his trial, not an entire indifference; at times he seemed a little uneasy about it. I did not lead him by inquiry, to any particular interview with the girl. It was not as punishment for what he had done, that he Avas to kill Wight. I don’t remember the time of the appeal by the eye being TRIAL OF WILLARD CLARK. 71 made. It was at one of his visits to the house. It was soon after this interview, that he went to walk with his friend Walter Barnett. He said that he went up and proposed to be married to her immediately, that they had some difficulty, and then broke the engagement; he said he asked her to give him a writing. It struck me that the story he told was a delusion, in respect to the love of the girl for him, and as to the character of Wight. Had no op- portunity of judging when his delusion or hallucination commenced; it seemed to gather strength as it went along. Do not believe he would have committed the homicide, if he had not been laboring under the delusion. I think the delusion existed for some time prior to the hom- icide. I should call this species of insanity, mania ; I mean unsoundness of mind ; not as I have seen mania affecting the entire mind ; it was not monomania. That is where the insanity is limited to one subject. This is a case of general unsoundness of mind; in such cases the party may manifest ability to do business. A casual observer might mingle in one of our parties at the Retreat, and not detect the patient from the attendant. I determined the insanity of the prisoner by his delusion about the girl, general appearance, inattention to business, &c. This unsoundness of mind might affect his ability to decide between right and wrong on some subjects. Clark might be able to discrim- inate on general topics, and not on particular ones. He undoubtedly felt it to be right to kill Wight. Might discriminate between right and wrong in many cases. Insanity on one point alone is monomania. I rarely see pure, simple monomania; have little faith in its existence, do not know as I ever saw it, it is rarely seen; insanity is like other diseases, the affection of one part more or less disordering the whole. It is not always the case that general unsoundness of mind will show itself in general actions, to a casual observer. This is one of the cases where it does not. The development and approach of insani- ty are often gradual, sometimes very sudden. Often, insanity may be developing gradually, and go on for some time and not attract observa- tion, until an overt act of extraordinary character attracts attention to it. Frequently its first indications are faint, its approach resembles the change from day to night, and we cannot fix, in the intermediate twi- light, the definite point of its commencement. I do not regard every criminal, as a man of unsound mind; the commission of a crime is not prima facie evidence of insanity; I believe that sane men frequently commit crimes. The actions spoken of in Massachusetts, could not reasonably be con- sistent with sanity. Absent-mindedness and inattention to affairs, and depression of spirits, do not necessarily indicate insanity. They do, here. Opium, or a stimulant, would not cause such indications as his case presents. I know of no stimulant or drug that would produce these symptoms. I cannot state the period when responsibility for action ceases, in insanity. A man may know all he is doing, and yet not be responsible. Clark quoted the Bible freely, to support his kill- ing Wight. An insane man does not, as a general thing, try to con- 72 TRIAL OF WILLARD CLARK. ceal his insanity. If I were to see a person who I knew had been disappointed, draw his knife across his throat, I should regard it as evidence of liability to commit suicide. Clark was generally cool and collected while I talked with him. Did not ask me why I was so particular in my conversation. Some per- sons with mania, have the liberty of the town, at Hartford. If one of those men were to stab a citizen, my opinion of his responsibility would depend on the case. One would not be an insane man from such a fact alone. The absence of sanity does not always imply absence of consciousness of right and wrong. A man may be insane and have a consciousness of right and wrong; not in reference to any act, but in reference to individual actions. No one was present at the second inter- view. I am not certain that Clark then knew me. Examination resumed.—Some patients go out in an omnibus, at Hart- ford, with a driver, and one attendant. The carriage goes out six times a day. There are some whom I cannot allow to go; very few. In the testimony which I have heard, and what I have seen, there is nothing leading to the suspicion that Clark’s insanity was simulated. It would be very difficult to simulate such symptoms of insanity. In case of gen- eral unsoundness of mind, the patient may be conscious of right and wrong, abstractly, and yet so far as he is concerned, not be. I believe he thought it right and his duty to take life in this particular case; I think that upon this matter, lie did not discriminate between right and wrong. Court adjourned. Friday Afternoon, September 21 st. Court opened at 2 o’clock. Pliny Earle called and affirmed.—I am a physician. I have devoted my attention to insanity for fifteen years ; have been resident physician at asylums for seven years, and visiting physician for three years. I was a resident physician two years at Philadelphia, and five years at Bloom- ingdale, and am now visiting physician to the New York City Hospital for the insane, on Blackwell’s Island. I have visited European institu- tions. Visited the prisoner the afternoon of the 26th of July last. Was with him a little over three hours. Saw him two hours on the following morning. Conversed with him about the history of his case. He gave his account of the whole affair from his first acquaintance with Miss Bogart to the shooting. Mr. Harrison was present, at my suggestion. We had long conversations. He began with his first knowledge of the young Pdy as a school girl. Spoke of his becoming acquainted with her as she passed his store. Afterwards there was an attachment. Spoke of his furnishing her teachers in dancing and music, of giving her presents; talked a good deal about the melodeon. Spoke very feel- ingly of his strong attachment for her; at one time wept. Made a strong effort to control his feelings. I asked him why he wept; he said he could not help it. He spoke of having several conversations with Mrs. Bogart, and his language tended to impress upon me that Mrs. TRIAL OF WILLARD CLARK. 73 Bogart favored his marrying her daughter rather than Wight. When he tried to give the reasons, they were reasons that to other persons would not convey any such meaning. He said the reason of Wight’s wanting to marry the girl was to break up the match ; he was fond of it, had done it before. He said no one of Mr. Bogart’s family liked Mr. Wight. Throughout the conversation he tried to give the impres- sion that he thought much of her, and she of him. He could give no evidence of this latter assertion, but on the contrary any other persons would believe from his reasons that she disliked him. I cannot give his precise words. I do not remember details on many topics of which he spoke, that had no special bearing on his insanity. He stated that Wight had gained a power over the girl by seducing her; that she married him through fear of his exercise of that power; that his, Wight’s, object in marrying her, was to ruin her, to make her miserable. He said Wight’s object in getting her from her parents’ house was to complete her ruin. I asked him several times the reason why he be- lieved that Wight had seduced her. He said once, he knew it, it was so. He said Mrs. Bogart was aware of the fact. He quoted a remark of her’s to prove it, which did not convey any such meaning as that. He said that the girl loved him better than she did Wight; that he had seen it by her eye and her countenance ; that she dare not speak of it through fear of her husband. He placed a good deal of stress upon the fact that one time she had called him Richard, the name of her hus- band. He believed that her mind was so much on him that she called him by the name of her husband, because she thought he ought to be her true husband. These statements were not made to me appar- ently to convince me that the girl loved him. He appeared fully to be- lieve them. His conversation was entirely free, sincere and artless. He gave the account of Wight’s acquaintance, and breaking off with her, and said that when he, Clark, renewed his attentions, Wight returned. He talked about the homicide. He told of borrowing the pistol, told the reason he gave, said it was to shoot a cat about the store; gave an account of his visit to the family in the afternoon, and trying to see them all together. He said if he could get the family together and expose Wight, he thought there might be a conflict, and he was pretty confident as to the result. He gave me to understand that he should probably kill Wight; he might have said he was the stronger man. The second time he went up, that afternoon, he put the pistol in his pocket, not expecting to use it, but thinking that it might be needed. He spoke of going into the back room. His account agreed with Mrs. Bogart’s testimony. He said when he went into the front room he walked backwards and forwards two or three times, then took out the pistol and shot the man. He said the shooting was simply mechanical; he acted without volition. By this he expected to prevent the removal of Mrs. Wight from the house of her parents. Said if he, Clark, were killed, it was of no importance. The ♦hole idea was that it was his mission to kill Wight, and save that girl from ruin by preventing her from being taken away. I felt ofiihis pulse; found it more rapid than usual; did not give much importance to it. I think that at the time of his eom- 74 TRIAL OF WILLARD CLARK. mitting the act, he thought it right; think it is not possible for a man to simulate insanity in a case of this kind while under examination. The idea never occurred to me that he did. In considering the whole history of the case, I should go back to the death of his mother, as making a great impression on his mind; then the disappointment at Chicopee causing a depression of spirits and a change of manner, &c., for causes leading to my opinion. The change of his appearance at a later time, peculiarities of manner, abstraction of mind, expression of countenance, eyes, wildness, and a few expressions of his, would be others. His inattention to business, leaving his bed, pressing his head, starting up at times, and his using the knife, have a bearing on the question. If any one was in sight, to his knowledge, when he did the latter, I would not give the action much attention. The silly laugh is the thing of the most importance. In a man once made insane by great grief, an equal grief subsequently would probably' cause a greater degree of mental disturbance than at first. Such kind of mental dis- tress as this man had, is an efficient and sufficient cause of insanity. These circumstances confirm my opinion, drawn from personal observa- tion. I think he was an insane man. One of the strong evidences of hi3 delusion and belief that it was his mission to save this girl from im- pending destruction, is the fact of his continuing to go there after the marriage, and interfering. The carrying of papers there, too, was part of it. There is such a thing as hereditary insanity. The son of an insane father would, other things being equal, be more likely to be insane, than another person. Cross Examined.—There is no such thing as an accurate classification of cases of insanity; one person might put this case under one head, and another person under another. I should place it under the head of what the books call monomania. Those who are most devoted to the subject of insanity, differ about the classification, in many cases. I place it where I do, because his insanity was apparent on only the one topic of his attachment to this lady. Should not say that his mind was enough affected on other subjects to say that he was insane upon them. I don’t consider his mind sound on any subject connected with this girl. They are trying to roast me, might come from a man in delirium tre- mens, or approaching it. The mind of a monomaniac is not generally considered perfectly sound on other subjects. Others might class this case as one of melancholia. I think this man was laboring under de- lusion at the time of the homicide. One delusion, I think was, that Mrs. Wight liked him better than she liked her husband. Another is, that Mr. Wight married her merely to effect her ruin. Another was, that it was bis mission to put him, Wight, out of the way. I have in what I have said, intended to give the substance of the conversation between myself and Clark; I mean the leading ideas. My intention always is to weigh the whole evidence furnished by a conversation. One reason that he actually assigned for believing that Miss Bogart was fond of him, was that when they met and parted, they kissed each other. When I traced it out, he said, she didn’t kfss him so more than once or twice. The question was asked him, if she kissed him so. He TRIAL OF WILLARD CLARK. 75 said she was too proud or too modest to let him see that she loved him; but she did. He spoke at leugth of the dancing, and the journey to Waterbury. There was no effort on his part to force me to believe his story. I think he then believed it. He told me he borrowed the pistol to kill the cat. I pressed him on that point. He insisted that he did not borrow it to kill Wight. He said it was his fixed intention to kill Wight, if there was a conflict, but not with the pistol. The talk about this killing was not consecutive. I came here on the 26th of July, to visit Clark. I had been told some of the circumstances of the case. I was told in effect that they wished to ascertain whether he was insane. Mr. Harrison asked me to come. He came two days before Commencement, and spoke of the homicide. Don’t know whether he said that any one believed him insane. He stated some things in evidence which he said could be proved, peculiarities of conduct in his store, things at Chicopee, &c. He gave me a brief history of the case. So far as I have any knowl- edge or belief, I presume Clark did not know me. I believe Clark had not the slightest reason to suspect why I came to him. Mr. Harrison said I was a friend of his, and wished to hear the whole history of the transaction. The history was almost exclusively by inquiry on my part, and answers on his. Mr. Harrison asked one or two questions, but they were not such questions as I should have asked. Depression of spirits, absence of mind, and inattention to business, may all exist without insanity, in one person. I am not prepared to say that the starting up, and the silly laugh, with these others, could. You have in the case of this man a remarkable combination of symp- toms. Leaving out the silly laugh, I think the others might. A person of a sensitive mind, under the influence of stimulants, might exhibit these symptoms, without insanity; such a temperament as Clark’s might. In giving my opinion I have made it up from all the circumstances I have mentioned. I think the evidence about the Massachusetts trouble is chiefly valuable, in making up an opinion, as showing that he had suffered before. I think those occurrences increased his predisposition to insanity, and that the insanity produced the homicide. Monomaniacs are not affected as to their discrimination on subjects of light and wrong, in matters foreign to the subject on which they are diseased. In the monomaniac I am not prepared to say that the con- sciousness of right and wrong, on a particular subject, is always de- stroyed. Insanity, so far as classification is concerned, is a subject of doubt among experts. Examination resumed.—Two professional men looking at the same facts in the same way would not always class insane cases alike. Dis- cussion about mania and monomania is rather a discussion about differ- ence of words, than difference of things, a question as to which pigeon hole you would put a bundle into. A man exhibiting the four symp- toms selected by Mr. Foster, and those only, might be decidedly insane. I have no idea that the symptoms in this case resulted from the use of stimulants. Mania does not necessarily destroy consciousness of right and wrong on all subjects. 76 TRIAL OF WILLARD CLARK. Isaac Ray called and sworn.—Reside in Providence. Have charge of the Rhode Island Insane Hospital; have had for eight years; I was in the Maine Hospital about four years; have given my particular at- tention to insanity for twenty years ; I have published a work on Medi- cal Jurisprudence of Insanity; it has gone through three editions here, and two abroad; I have never seen the prisoner at the bar, except in this Court House. I have been here from the commencement of this trial, to this time, and taken notes; never conversed with the prisoner. It appears that a change commenced in this man as early as Novem- ber, 1854, and that this change continued increasing up to the day of the homicide. The change was manifested by absence of mind, cavalier treatment of customers, fiddling while customers were in his store, not noticing customers, saying he didn’t know things he did know, dis- regard of his personal appearance, shutting up shop and going away, jumping over fences where there was a gate, going to Chicopee improp- erly clad, inviting a girl to a dance in New Haven when he was in Chicopee, giving her a five dollar gold piece, though he had never seen her before, his conduct as related by his sister, leaving his bed and sleeping on the sofa, and his carelessness as to business. If all these circumstances left any doubt in my mind as to his insanity, the doubt would be removed by the testimony of Drs. Butler and Earle. In his notions about Miss Bogart I find a gross and very well defined delusion. The affair with the Massachusetts girl produced much mental disturb- ance, though I am not prepared to say that it amounted to insanity. However that may be, he recovered from it, partially at least, though it probably rendered him more susceptible of a subsequent attack. If it be proved that his father was insane, that furnishes a strong presump- tion of predisposition. As bearing on this point, I would notice his turns of depression when young. This trait generally indicates heredi- tary disorder. It is my belief that he was an insane at the time of the commission of the act. If Drs. Earle and Butler gave a true narrative, those circumstances would positively indicate insanity. Here the Defense rested. The Attorney proceeded to introduce, as follows, REBUTTING TESTIMONY FOR THE STATE. Lee Dunning called and sworn.—Live at 84 George street, two blocks from the store of Clark. I know him—have for the last eight or nine years. Have been in the habit of seeing him frequently. The last two years I have not seen him as much as formerly. I was a policeman last year. Arrested the prisoner on the evening of 28th of April. I had started on my beat—on the corner of Chapel and High streets, I was met by Mr. Dibble. I went with him to the corner of York and Chapel, and then to the store. Went in—Clark stood outside the counter. I said good evening, Willard—he said good evening. I said, Willard, what in the world have you been doing? He said, I don’t know as I can tell TRIAL OF WILLARD CLARK. 77 you all about it now. I took his arm and said, you will have to go down town with me. He then took out of his pocket a roll of hills, and said, take this money and pay Mrs. Parmalee for the milk we’ve had, and I will see you again. He then said, I am ready. We went out on the pavement, I having hold of his arm. Soon after, I let go of it. On Temple street, I asked him if this was a premeditated thing. He hesi- tated and said, not exactly—that was all. He appeared as well as he ever did, to me. I never saw in him instances of starting abruptly, or a wild glaring appearance of the eye. I have heard the testimony here. I have seen him since in prison. His conversation has generally been inquiries about the Bogart family, and that he would like to see them— said he supposed Mrs. Wight thought herself very unfortunate to lose her husband in such a way. He never said anything about Wight. He asked what people’s opinion was about the case. Told him there were so many different ones, I could not tell. Saw none of the peculiar appearances when I was conversing with him. His appearance was the same as always. Cross Examined.—On the way to the prison, he was perfectly cool, and self-collected. Spoke of the transaction but once. Have seen him twice in the jail. Did not remain long with him. The first time was two weeks after the arrest. Asked him if he was lonesome. Said no, not very ; he was at times. That is all I remember. The second time was about four weeks after that one. I only passed along and spoke to him. He did not express surprise that the Bogart family did not come to see him. He did not say which of the family he would like to see. He said he should like to see the family. Edward Bryan called and sworn.—I am assistant keeper of the County Prison. I recollect Dr. Butler’s visit to the prison. Mr. Harri- son came in and said Dr. Butler would like to see Clark and have some conversation. Dr. Butler came. I saw him. My father waited upon him in, in the morning; I, in the afternoon. Was at the prison when Clark was brought in. I have seen him almost daily, since. I have noticed nothing extraordinary in his appearance; have spoken to him every day. His appetite has been generally very good. Never noticed anything peculiar. Have had some conversation on general topics since he has been there. Never talked with him about this transaction. Was at home when Dr. Earle came. Cross Examined.—Mr. Harrison didn’t come with Dr. Butler. Dr. Butler has been there two different days. It’s my simple impression that Mr. Harrison came there before Dr. Butler did. It may be & mis- take, I am not positive. We don’t allow people in general to converse with prisoners, only those we know. Charles Beers re-called.—Have lived in Clark’s vicinity seven or eight years; I was in his store between 6 and 7 on Saturday, April 28th, be- fore he returned the pistol, I bought some articles of him ; I bought some lobsters; I was going to buy some ham; he was preparing to cut it, when he said it was not very sweet around the bone, otherwise it was. I told him then I did not want it. He cut off a piece, wanted me to 78 TRIAL OF WILLARD CLARK. taste of it, said it was very nice except that. I told him I didn’t want it. He didn’t appear strange; he never did to me. Never observed any change of demeanor in him; think I should have seen it if there had been any; should think it was before that he returned the pistol. Cross Examined.—My house is next to his store. I have been in his store, some weeks every day, during the past year, generally evenings; then again, not for a week or two ; never saw a change in his deport- ment, dress or person. I was not present on any of the occasions speci- fied by the other witnesses. Elisha M. Gorham called and sworn.—Am acquainted with prison- er; have been for three years. I was at his store the evening previous to the homicide; I saw him and conversed with him ; saw nothing strange or uncommon in his appearance. It was partly business that took me there, and partly old acquaintance. Have noticed no change in him, although I had not seen him previously for a year or two. For the past year up to the 27th of April, I don’t know that I’ve seen him. Sherman W. Kncvals re-called.—Have seen Clark since he has been in prison. The first personal knowledge I had of him was after his con- finement; first saw him the Sunday evening following the shooting. Dr. Punderson asked me to go down with him. When the cell was opened he seemed asleep. Dr. Knight asked him about his wadding the pistol; he said there were two wads, one he put over the powder and the other over the ball; he said he did not remember in what position Wight was when he shot; said the wad was made of paper; he rolled up apiece of paper, and said that was about the quantity he used; nothing else that evening. I have assisted in conducting a Sabbath school in the prison for a few years past; Clark came into my class; my intercourse with- him was of a religious character. My intercourse with Clark was mostly on Sundays; have seen him every Sabbath since the second one he was there, except three. I discovered there were difficulties in his mind about the inspiration of the scriptures. He accepted reading on it, from me, to coun- teract his views. I gave him “ Nelson’s Cause and Cure of Infidelity.” Afterwards he said he had made some progress, but the author referred to another book—“Butler’s Analogy.” He wanted it; I carried it to him on a week day. Had conversation with him then on his early religious training. He told me of his mother’s instructions; he said his mother was a good, Christian woman, would read the Bible and pray, and learnt him to pray. When he went from home he found wicked boys, and he began to cease his vigilance, and give up these duties; this was the prin- cipal conversation I had. After that I asked him how he got along with the Analogy; he said he didn’t read as much as before—his trial was approaching and he was anxious; could not confine his mind to a book long; this was in the fore part of August. During the time I saw him there was nothing peculiar in his appearance. One day, when I accosted him, he said, I am as well as you might suppose me to be, considering my change from an active life to one in doors. Never said anything about the homicide. TRIAL OF WILLARD CLARK. 79 Cross Examined.—There were four to ten in my class. The number varied. Andrew Bryan called and sworn.—I keep the jail. Remember Dr. Butler’s coming there. Mr. Harrison came in, in the morning, and said Dr. Butler would like to come in, if convenient, and see Clark. I said, yes. He came with Dr. Butler, introduced him to me as Dr. Butler of the Hartford Insane Retreat, and I took him in and introduced him to Clark, as Dr. Butler. Cross Examined.—Mr. Harrison came with Dr. Butler the first time. I can’t identify the day. Examination resumed.—I have cautioned persons not to converse with Clark. One morning the State’s Attorney directed me to admit only certain persons to him; said he didn’t want to be gazed at like a bear. Cross Examination resumed.—The day that Mr. Harrison went up to the debtor’s apartment with Clark, was the second time Dr. Butler was there. Examination resumed.—Mr. Harrison wished me not to make known to Clark, that it was Dr. Butler of the Insane Retreat. I introduced Dr. Butler to Clark; Mr. Harrison did not go with him. I am very confident indeed that it was at Dr. Butler’s first visit that I introduced him as Dr. Butler to Clark. I do not know that Mr. Harrison was out of town on the day of Dr. Butler’s first visit. Rev. J. M. Garfield re-called.—I saw Mr. Clark in his cell. I saw him two hours, the Monday after the shooting. My object was of a reli- gious character generally. He inquired of me if 1 had seen Mr. Wight. Told him I had. Asked me his condition. Told him it was thought he could not recover from his wounds. He asked in relation to the family ; he asked how they bore the affliction. He said he wished to obtain the newspapers, that it was a hardship for him to be deprived of that privi- lege. He was afraid the editors would prejudice public sentiment in relation to the transaction. He gave me a general account of his doings on Saturday at the house; said he had been there twice. Went in the afternoon, did not find Mr. Wight and his wife at home. Went in the evening, and found them there. Described the transaction; he some- what hesitated in saying he had intended at that time to shoot Wight. When he went there, he said he didn’t know exactly what he was about. Said it seemed to him as if there was a kind of mysterious influence over him, that led him to the transaction. He said Mr. Wight had given him serious offense. I conversed with him at different periods, sometimes more fully than at others. I reminded him that he had committed a great fault, for which he ought to repent. He said, in answer, that he didn’t know as to that. I remarked, you have sent a fellow mortal into eternity without preparation. He said, what of that; I don’t believe in any eternity for him or any other man ; if he dies that will be the end of him. I said, you are candid to me, but you were not candid to the man of whom you borrowed the pistol. He said, I did shoot a two- 80 TRIAL OF WILLARD CLARK. legged cat. Said I, do you intend to compare a fellow mortal to a beast ? He said, yes, so far as relates to his death, it will be all the same. The next day, after he had heard of the death, he expressed himself fully satisfied. He said, I owed him a debt and I have paid it. He spoke of the consequences to himself, and expressed a good deal of solicitude about the formation of public sentiment. Told him the newspapers had told the facts pretty much as he had told them. He said, he must soon get an attorney. He spoke of Mr. Harrison, and I told him I guessed he could not find another better in the city. He thought the course taken by himself after he committed the deed, was a very judicious one; his going to his store and giving himself up, was better than to have run away. I told him he had behaved discreetly after the transaction. He ex- pressed his satisfaction at the remark. At another time he spoke of the loneliness there. Court adjourned. Saturday Morning, September 22nd. Court opened at 9 o’clock. Examination of Rev. J. M. Garfield, continued.—I have but very little to say. To tell all our conversation would take some time. Only want to say what bears on this question, in my mind. Once he said that he had abandoned the principles of his youth, and become an infi- del, by reading infidel books; among which was the Vestiges of Crea- tion and some of Voltaire’s works. Asked him how that suited his friends. He said that Mr. Bogart did not like it, that the young lady, Miss Bogart, didn’t, that friends in the church had remonstrated with her. Said the cause of her separation from him was owing to his urging her so persistently to marry him. Said he had been indiscreet in his con- duct towards her. Said he thought that though her attachment had been growing less, still her engagement to him would be a serious thing and tend to keep her to her word. Said he had been injudicious in urging her so persistently to marry him. Said he couldn’t remain in suspense. Wanted to bring the sub- ject to a crisis. Said he thought that if he urged the marriage and made it a sine qua non, she would marry him at once. Said he was surprised at her discharging him. Said he had made a mistake. Said he had unwisely absolved her from all her obligations, and left her per- fectly free. Said he felt on this subject after the marriage, pain- fully. Said he had conceived the object of going away to Massachu- setts to relieve his mind on the subject, and shake it off. There he met one lady whom he thought of bringing home. Said if he had done that, he should never have committed the deed. Asked him if he had maintained his devotion as a Christian, would he have been a murderer. No, he said, he should never have done it. Cross Examined.—Am in charge of St. Luke’s Church, in Park street; have been for three years past; it is a congregation of colored people, and I officiate there gratis, except when I give them something. TRIAL OF WILLARD CLARK. 81 Went to the prison to see the prisoner ; went there professionally, for the purpose of administering to him in the best way I could. I men- tioned to him that I had just come from Mr. Bogart’s. He asked me what had transpired there; I told him I had seen the man in agony, suffering much at times. Every time I was there, he inquired kindly about the family ; did not ask about Mrs. Wight, in particular ; it was Monday forenoon I was there ; what I have said here was suggested and brought to my mind by the course of this examination. I have had no word with the Counsel about this matter. I went into a religious de- bate with him, about his state ; gave him a work—“ Dr. Tyng on Chris- tian Experience.” Said he had read the Vestiges of Creation. Don’t know who is the author; think I have seen him ; I don’t want to be examined on that book. I have given no reason to anybody why I in- tended to be a witness in this case ; did not so intend to be. I told somebody that I should have considered the prisoner’s conversation as confidential, if he had received me as his spiritual adviser, but that he didn’t believe in me, or my God, or my Bible, or any other man’s. I never kept any account of my visits. I left off going there after I had given him Dr. Tyng’s book. I might have called there a dozen times. He never refused, directly, to see me, as a minister; I told him that in rejecting Christianity, and being an infidel, he threw by all ministra- tion. I thought he wanted instruction, not argument. Smith Dayton called and sworn.—Have seen Clark every Sabbath morning since he was arrested, but one ; have seen him sometimes in the week time. Called upon him as soon as was convenient; had free conversation with him always; my object was for his spiritual benefit; he has always been calm and collected; I never saw anything to indi- cate insanity in the least; never saw any wildness or staring. I re- member some conversations ; I did not think of being summoned here— when I was, I was surprised. Conversed mainly on religion ; once ask- ed him if he was not under the influence of liquor, when the murder was committed ; he said no ; said he didn’t sell liquor to customers ; said be- fore the Maine law came into force, he supplied himself; said he had not drank it all; that he had given away a good deal of it ; said that he had been in the habit of taking a bottle of liquor in his pocket, in the evening, when he shut up his store, and going off to play whist; said no one valued human life less than he ; he often brought this up. Talked with him some on infidelity; asked him if he had read Tom Paine’s Age of Reason ; said he had read one page, and that convinced him that it was true; he never said anything against Wight, only he has desired to know the sentiments of people in reference to the act. Cross Examined.—He has spoken some about the Bogart family; never expressed surprise to me that they had not been to see him—have no idea that he expected any such thing. Jacob Gould called and sworn.—I know Clark ; have for six or seven years ; have lived near the vicinity of his store ; have not seen him, fre- quently, for the last year and a half; have before that. I have never seen any change in his appearance or habits. Saw him after his arrest. 82 I had, frequently, had conversations with him. Had had arguments with him. Called on Mr. Clark at ten A. M., Sunday, April 29th ; call- ed to see about the pistol. Saw him. He told me he borrowed the pistol of Mr. Beers. Said he borrowed it at one o’clock the day before ; I asked if he intended to shoot Wight with it, he said, no, he intended to shoot a cat; said he was at Mr. Bogart’s at four P. M.; said he saw Mrs. Bogart; had a conversation—asked where the folks were ; said he knew Mr. and Mrs. Wight would go that evening, and inquired about it; said he did not take the pistol at four P. M., for he did not know what he might do with it; said he took it at seven, for he had it in his pocket; said he didn’t take it for the express purpose of killing WTight; said he didn’t intend to kill Wight’s wife; said he had no other wish in killing him than to promote her happiness; said he had thought of killing himself; said he thought he had a right to, when he was a single man ; said a man of family had not the right; said Mr. Bogart and his wife and Mrs. Wight had not ill-treated him ; said he harbored no malice against Mr. Wight; said they two had had some difficulty; said they had words, and Air. Wight talked pretty hard to him, but he said but little to Wight; said he left the pistol at Mr. Beers’, on his way back to the store; said he saw Mrs. Beers and some of the folks; he told how he returned the pistol; said he didn’t know horv he came to commit the murder ; said his infidel sentiments had nothing to do with it. I then repeated to him part of a conversation I had with him about two years ago; said he did not remember it. I asked him whether, if he had labored as hard to believe the Bible, as he had to make others disbelieve it, he would have committed the murder. He said he should not, for he would have been under more restraint. Went again by Dr. Punderson’s request, at one P. M. to see if there was more than one ball in the pistol. He said he borrowed two balls; said but one was in the pistol. He took out the other and gave it to me. Said he borrowed caps of Mr. "William Dickerman, but they did not fit, and the caps he used he bought down town. He was calm in appear- ance ; appeared as usual. Dr. Ray was here excused by the Court from farther attendance, im- perative business calling him home. Alfred Weld called and sworn.—Saw Clark in the prison the Sab- bath after his arrest. He was in my class in the Sabbath School. No- ticed that he appeared a little agitated, nothing that would lead me to suspect that he was out of his mind. This was in the afternoon. The first Sabbath I could not get an answer to questions easily. Have seen him Sabbaths since. He has conversed with readiness and answered questions. He asked me if I thought the doctrine of man’s free agency was taught in the Scriptures. He said it was not. We had an argu- ment of an hour on it. He thought that man was more of a machine, moved on by some other power. He was always pleasant and familiar in these talks. He was milder afterwards than on the first Sabbath ; seemed then to have something Ijing on his mind. Israel Harrison called and sworn.—Knew Heman Clark. It was TRIAL OF WILLARD CLARK. TRIAL OF WILLARD CLARK. 83 about 1830 that I was at Naugatuck, and became acquainted with him. While there once, talked about an alarm time-piece; was partially ac- quainted with him. He had the reputation of being intemperate ; he moved to this place with his family. Cross Examined.—My two or three interviews with him were short. Don’t remember anything of the conversation ; he made the time-piece for me. The second was a brief interview. I knew him when he first came here; he frequently came to my shop. I have never discovered symptoms of insanity; saw him when I thought he was in disguise, never saw him drink, saw him appear in an unusual manner, and thought he had been drinking. Charles Harris called and sworn.—Have known Clark more or less since he was a small boy. I deal in beer. I have dealt with him for three or four years; was at his store the day before the homicide. Thought he appeared different; can’t tell how. I generally went there every day in the summer ; not much in the winter. He didn’t seem then to know whether he wanted anything or not. He was generally ready to tell what he wanted. John Esma called and sworn.—I worked for Mr. Harris’ father last winter. I am some acquainted with Clark. Saw him frequently. Was there the day of the occurrence. Saw nothing more than usual. Took beer and soda there; he bought of me. Never noticed any change in his demeanor. Mrs. Charles Beers re-called.—Have been in the habit of going into Clark’s store for years. We live next door. I never noticed any change in Clark’s demeanor. Have been in almost every day, for the past year. Did not always see Willard. Have seen him once since his confinement. He appeared the same as always. Henry Lampson called and sworn.—Have known Clark very well for five years. Often saw him during that time. Traded there four years; was in once or twice a week. Never saw any change in his appear- ance or demeanor. He was a mild, amiable man. Never heard any- thing to the contrary. Cross Examined.—It was perhaps two or three weeks before the homicide that I was in his store; saw him the day of the homicide, in York street, asked him, at 5 P. M. if he had any top onions in his store; he said no. My boy was at his store, generally every day. I did not ordinarily accompany him. Examination resumed.—That afternoon Clark was going to his store. Have had conversation with him about getting married, since January last. It was in his store, I think in that month ; we were alone. I think he did his own cooking in the little back room. I said I should think you would get married, you are living alone so. He said his busi- ness was small; if he was married, he didn’t know how he should get along, and so laughed it off'. Lockwood Lake called and sworn.—Know Clark, five years. Have lived in the same house with him, from 1850 to 1852. Have not seen him more than once or twice for eighteen months. Have been in his 84 TRIAL OF WILLARD CLARK. store then. Sa,w no change in his appearance. He stood by his desk. I went in for some little thing. Henry Thompson called and sworn.—Know Clark, for five or six years. Live in the third house from York street. Never noticed peculiarities about him. Have not seen him for two years back, more than two or three times; don’t know as I have been there in two years. R. A. Strickland called and stvorn.—I know Clark ; have traded with him a little ; occasionally, for the last three or four years. Have noticed no change or peculiarities about him. Cross Examined.—Live on the corner of York and Crown streets. Have had two or three small bills to pay there, which family had contracted. For two years, I may have been in ten or a dozen times— from four to six times within the last fall or winter. Joseph W. Hammond called and sworn.—Known Clark for two or three years. Have had business in his store—not a great deal, but fre- quently during that time. During it, I have noticed no change in his manners. Cross Examined.—Till last May, I lived about two blocks from his store. My business with him was occasional, may have been in his store fifty times, perhaps more, perhaps less, for the last year. It was often ; was in frequently during March and April—I seldom saw him during the last calls that I made there. He was generally in the back office. Samuel W. Davis called and sworn.—Have known Clark for two or three years—have traded with him some. Never saw any peculiarities of appearance in him, or any change in his demeanor. Cross Examined.—I reside a mile from his store. Have not seen him for the past year more than from three to five times, at his store. Isaac W. Judd called and sworn.—Three years ago I used to trade with Clark; I have known nothing of him within two years. Henry S. Mandeville called and sworn.—Know Clark for four or five years very well. Have never noticed any peculiarities of manner in him, or any change in demeanor or character. Have seen him sometimes once or twice a week; sometimes oftener, down to the homicide. David W. Buckingham called and sworn.—Know the prisoner. Have for three or four years. Have had some business intercourse with him ; not very considerable. Never saw any change or peculiarity in his ap- pearance. I keep store on the corner of High and Chapel streets. William F. Hendricks called and sworn.—I knew Clark since the spring of 1852. Have noticed no peculiarities of conduct, or change of conduct, in his appearance. I lived in the house with Mrs. Bogart when he used to call there. Hezekiah Gorham called and sworn.—Know Clark; have for seven or eight years. Lived near to him. Knew him when he was with Parmalee, and when he was for himself. For the six or eight weeks previous to the homicide I noticed that tliere was a change in him. His store was not open in the morning, early. He seemed to be love- cracked. He was always kind and pleasant. I was in there a great deal. Cross Examined.—I know he was excited at the time Canfield at- TRIAL OF WILLARD CLARK. 85 taclied him. He acted excited; he said he had been in Mr. Finch’s store. Finch asked him for his pay. Clark said he had money. He was afraid Finch would take it. Got me to take it. I did. The money was counted before a witness. When the attachment was raised he came to me, and said, didn’t you get some money from me one day * I told him yes; he didn’t seem to know how much I had. I gave it back to him. He said Mr. Canfield was afraid he was crazy. lie gave me no intelligent reason for putting the money in my bands. Examination resumed.—Should think his brother was with him then. Timothy Gorham called and sworn.—Knew Heman Clark in 1827. He used to be in Waterbury and New Haven. He was an intemperate man. He has been dead fifteen or sixteen years. He was a very in- temperate man. Saw him frequently in the streets when he was intoxi- cated. Cross Examined.—He used to be around the streets here, intoxicated. John W. Harris called and sworn.—Knew Heman Clark. He was a dissipated man. I considered him intemperate. He had spells of drinking; made sport for men and boys; made odd expressions when he drank. When he was sober, he did not. Pliny A. Jewett, M. D., called and sworn.—Had a short'interview with the prisoner two or three weeks since. Visited him in connection with Dr. Knight. I had been requested by the State’s Attorney to go and examine him. He was in his cell; said he knew me; said he would be more apt to know me than I him; said his health had been good since he was there. He asked me who sent me there. I told him Mr. Foster. He said, I prefer to have no conversation with you. Dr. Knight came in. I mentioned the circumstances to him, and we left. I told him I might come again in the afternoon. Did not go. [The Attorney asked why he did not; if it was because the prison- er’s counsel told him it would not be desirable. Mr. Chapman objected. That was a simple inquiry into the propriety of the counsel’s conduct, and did not matter to this trial. The Court said, if Clark declined conversation and referred him to his counsel, the fact of conversation between the counsel and the witness was admissible, and that conversa- tion with the counsel as part of this conversation, was also admissible.] I think Clark told me that he preferred not to talk with me until he had seen his counsel, that Mr. Harrison thought he had told too much. I told him I would see Mr. Harrison, consult with Mr. Foster, and per- haps come again. | Mr. Chapman now objected that no reference was made, but only a deference to his counsel. Question withdrawn.] I did not go there after that. [The Attorney asked if Mr. Harrison had asked Dr. Jewett to go there, previously. Objected to by Mr. Chapman. The Attorney changed his question to, did you have any conversation with Mr. Harri- son , previous to my request for you to go there ?] I did. [All objections to the narration of any conversations between the wit- ness and Mr. Harrison were waived by Mr. Harrison.] 86 TEIAL OF WILLAED CLARK. I did not go afterwards because a message was left at my office; in consequence of which I did not go. I noticed nothing peculiar in this man’s appearance. I have heard a good deal of the testimony in the trial. I should be unwilling to give a positive opinion of sanity or insanity, upon this case, on the facts presented to me. [Mr. Chapman objected to the witness giving an opinion from what he had heard. Not allowed.] The facts I have heard and what I have seen are not sufficient to give me any conclusion as to whether he is sane or insane. Cross Examined.—I had a conversation with Mr. Harrison about going to see Clark. Examination resumed.—Mr. Harrison asked me some two months ago if I ever saw Clark; said no; wanted me to go; told him I would; told him I had been spoken to by Mr. Foster. Cross Examination resumed.—The last conversation I had with Mr. Harrison, I spoke to him first; he expressed surprise that I had been there without notifying him. He told me there were some reasons why he wanted me to see him. He said it was an unusual thing for physicians to visit prisoners, and get unguarded expressions from them ; said he was going to Hartford, and would see the senior counsel, and if he had no objections, I should be at liberty to see Clark. I think when he first spoke to me, that his language was, that he might wish to have me see Clark. Afterwards a message came to my office. Examination resumed.—I have heard a large portion of all the evi- dence given here. [Mr. Chapman objected to the Attorney’s asking an opinion from the witness, from what he had heard. Not allowed.] Jonathan Knight, M. 1>., re-called.—Have seen Clark twice. The last time was just after Dr. Jewett had seen him. In the interview immediate- ly after the homicide, I noted his appearance in a general way. There was nothing that struck me in his appearance then. There was very little excitement about him, and if I was struck with anything, it was with the fairness and the minuteness of his account. Have heard two- thirds of the trial. Cross-Examined.—Have detailed most of the first conversation. Stephen G. Hubbard, M. D., re-called.—When I had my conversation with Clark, at the prison, I did not have it in mind to determine his mental condition. I thought of it, however, at the time. He exhibited emotion and an evident attempt to restrain it. His eyes looked as though he had been weeping. He appeared to be in excellent health. Saw nothing peculiar in him. Cross Examined.—Have related all the conversation I heard and recollected. I am a practicing physician here; have been in the pro- fession thirteen years. Andrew Bryan re called.—I knew Heman Clark. He was an intem- perate man; quite so. When not intemperate, he was a noisy man. He was generally under the influence of liquor. Cross Examined.—Knew Heman Clark in Waterbury. I lived there ; TRIAL OF WILLARD CLARK. 87 moved here ten years ago. He died, as I am told, seventeen years ago. He left Waterbury, I think, thirty years ago, for Naugatuck. I only saw him occasionally afterwards. When I saw him, he was up at our place, was engaged in no business. Don’t know as I ever saw him here. I know he drank a great deal; often saw him intoxicated. On all occasions he was a boisterous, noisy man ; I should think his mind had been somewhat affected by the use of liquor. Examination resumed.—He was simply a different man from what a sober man was. Henry W. Painter called and sworn.—I was in Dr. Jewett’s office. A gentleman called there about 85 A. M.; asked for Dr. Jewett. I said he was not in. Said he had an appointment with Dr. Jewett, in company with Dr. Knight, to see Clark; said he thought it would be injudicious, and he now declined; said he was prisoner’s counsel. I told the Doctor when he got back. Cross Examined.—It was not an appointment Mr. Harrison had with Dr. Jewett, but one that Dr. Jewett had with somebody to see Clark. Mr. Harrison asked when Dr. Jewett would be back; said he would like to have him come to his office; said that at some future time he would explain the reasons why this was. John S. Butler re-called.—I received a request from Mr. Foster to come and see Clark and form an opinion, and if I had seen him and formed an opinion, to give it to him. I wrote him in two days, saying that I had seen him, and should probably be present at the trial. I have not a copy of Mr. Foster’s letter. I think it was substantially as follows : this was it: Bear Sir:—Willard Clark, of this city, will be tried on a charge of murder during the present term, probably two weeks from Monday. I have reason to believe that the defense will be insanity. 1 have therefore to request, in behalf of the State, that you will make an examination of the prisoner in reference to the question of insanity; or, if you have already formed an opinion on that subject, will you give it to me at the earliest possible moment? Respectfully yours, E. K. FOSTER, State’s Attorney. I did not give Mr. Foster that opinion. Court adjourned. Saturday Afternoon, September 22nd. Court opened at o’clock. TESTIMONY FOR DEFENSE RESUMED. John S. Butler re-called.—Have heard all the testimony that has been given since I testified. Have heard nothing leading me to change my opinion then expressed. Pliny Earle re-called.—Have heard all the evidence in this trial. Since I testified, I have heard nothing to induce me to qualify or change, in any way, the opinion I expressed before. The Defense rested—the State also rested. Court adjourned. 88 TRIAL OF WILLARD CLARK. Monday Afternoon, September 24th. Court opened at 2 o’clock. Mr. Keese opened on behalf of the State, as follows. May it please the Court, and you, Gentlemen of the Jury : The evidence in this case being at length all closed, the duty devolves upon me of presenting to you, in the opening turn, the claims of the prosecution; and in arising to do this, I trust that I am deeply sensible, as I doubt not you all are, of the very heavy responsibility which rests upon all of us engaged in the trial of -this cause—upon the Court—the Jury—the Counsel. You are about, gentlemen, to discharge the most important duty which, in your capacity as jurors, can ever devolve upon you, and your verdict will have a very great influence, as in cases of this character it always has, in giving tone to the public morals and to the public mind. You are about to judge between the State of Connec- ticut and the prisoner at the bar—to pass upon a charge affecting the life of a fellow being; an important, a painful duty,—a deep and heavy responsibility, and it is of the highest importance, gentlemen, that you should discharge it without bias or prejudice of any kind, and ad- minister the law with the firm, inflexible purpose of making it, as it is designed to be, subservient to the ends of impartial justice. It is a rule of law, gentlemen, which has prevailed in all ages and in every country, as the only safe, uniform regulation for the protection of society, and the security of the lives of the citizens; a rule given to us also in that Book upon which all human laws are or should be founded, and to which all mere human ordinances are subservient, that “ Whoso sheddeth man’s blood, by man shall his blood be shed.” These words, alike of Holy Writ and human law, are unmistakable in their import. They tell, as plainly as words can tell, that the murderer shall not go unpunished. They also, it is true, impose upon us the solemn obligation to consider well and wisely, ere we perform the act of punishing by death; and it is this which the State now asks of you to do—to consider this case calmly, coolly, temperately, and to render according to the law and the evi- dence before you, such a verdict as in your judgments shall be just and righteous. Equal and exact justice is all that the State asks at your hands, gentlemen, for in no spirit of revenge or of malice, with no feel- ings of vindictiveness, does the prosecution place this man here upon his trial and ask at your hands a conviction. No, none of these; but for the protection of society, for the safety and welfare of the community, as an example and a warning to all evil-doers, and for the vindication of the insulted majesty of an outraged public justice, is the prisoner at the bar arraigned before you. Now what is this case that we are here trying? Let us look at it. It appears that upon the presentment of the Grand Jurors for the body of the County of New Haven, Willard Clark, the prisoner at the bar, is here indicted for that on the 28th day of April last, he inflicted a wound by shooting with a pistol, upon the person of TBIAL OF WILLABD CLAEK. 89 Richard W. Wight, of which wound he languished until the 1st day of May, three days after, when he died. Now murder is defined in the law to be “the killing of a human being with malice prepense or afore- thought, either express or implied or perhaps, in plainer terms, the killing of a human being with a premeditated design to effect the death of the person killed. So that we have here, four propositions to be considered: 1st, Has any person been killed ? 2nd, If so, was the killing committed by the prisoner at the bar? 3d, If it was committed, was it under such circumstances as the law declares to be murder? 4th, Was the prisoner, at the time he committed the act, if he did commit it, legally a sane man ? Now that the first and second of these propositions are true, can- not be denied. Nor can the third—that the killing was done under such circumstances as the law declares to be murder. So that the great overshadowing question in this case is—Was the prisoner at the bar, at the time he committed this act, legally a sane man ? I propose, first, to review to you very briefly the evidence introduced on behalf of the State, to prove the homicide ; then to examine the character and claims of this defense, and the rebutting testimony offered by the prosecution. It appears then that on the 28th day of April, 1855, at about one o’clock in the afternoon, the prisoner called at the residence of Mr. Charles Beers, in York street, and inquired for his son. He was told that he was not at home, and turned to leave the house. That on Mr. Beers asking him if there was anything particular which he w'anted, he turned back and asked if his son had not a pistol; that he was told that he had two, a revolver and a stub pistol, that the prisoner not be- ing acquainted with a revolver, said he would borrow the stub pistol, and that it was given him. That he then asked for bullets, and Mr. Beers went up and procured two for him, that fitted the revolver; that the prisoner took them, placed one of them in the pistol, and then turn- ed it out into his hand, saying it wras small, but he could obviate all difficulty by using a wad. He then went away. During the afternoon, we find him in the shop of Mr. Dickerman, where he borrowed some caps. In the afternoon of the same day, at 4 P. M., we find that he went to Mr. Bogart’s house, in West Chapel street, and according to the evidence of Mrs. Bogart, inquired for the girls. He was told that they were not in. He then inquired where they had gone. He was told they had gone to make calls. He asked when they would be in, and wTas told that she did not know. He then inquired if it was their intention to leave that house, that evening, and was told that it was. He expressed a wish to see them, and Mrs. Bogart remonstrated with him, finally requesting him not to call there again. Between 6 and 7 o’clock the same evening, the prisoner called at the house of Mr. Bogart, passed through the front to the back hall, and in at the back door into the back room where the family were at tea. We find that upon entering, he saluted Mrs. Bogart and took a seat. No conversation ensued. After the lapse of some moments, Mrs. Bogart got up and went into the front room, and was followed by her daughter and her husband, who were in turn followed by the prisoner. That Mrs. 90 TRIAL OF WILLARD CLARK. Bogart left the room to procure a cord to tie up a bundle, and when she left the room, that the deceased was in a stooping position. That the prisoner wralked the room two or three times, after Mrs. Bogart left, that he stepped up to a glass door leading to the back room, looked through it and then walked around Mr. Wight, placed the pistol at his head and shot him. It also appears that from the effect of this wmund Mr. Wight died. We have here, if unexplained and uncontradicted, the simple facts on which you are to find the prisoner guilty of mur- der. Now it being impossible to deny or evade the facts in this case, the defense set up is that which is almost always offered, when, as now, the facts in the case are undeniable—Insanity. It therefore becomes your duty to consider the law upon this subject, and to decide whether or not the prisoner, at the time of the commission of the act, was legal- ly insane. I use the term, legally insane, because it cannot, perhaps, be denied, that every criminal is, at the time that he commits any heinous crime, laboring under a sort of moral insanity. It may perhaps be contended that no murder was ever committed without this clouding of the moral perceptions ; but this is not what the law recognizes as the insanity which shields a man from the consequences of his criminality. I am not about, gentlemen, to enter into any long or labored inquiry into the subject of insanity. It is one of those phenomena over which hangs a thick and almost impenetrable veil—its causes, its nature, the whole subject, is one which even in this advanced stage of science, is comparatively obscure. Difficult indeed is it to draw the line and say where perfect reason ends and partial insanity begins. I am not about to enter into the subject; there is no necessity for me, or for you. The rule of law—the test of responsibility for crime—is so clear, so plain, so well established, that he who runs may read. It has been so often recognized, so frequently laid down by our Courts and Judges, that it cannot now be controverted. The test of responsibility for crime, then, as I claim it to you, is simply this: it consists in the person accused be- ing conscious at the time he committed the act, that he was doing a deed contrary to the laws of God and man. That is the plain, simple rule, the only one that can with safety prevail; for as was well remark- ed by a learned Judge, “If courts of law and juries are to be governed by any other principle, every departure from sober, rational conduct would be an emancipation from criminal justice.” And if, gentlemen, you should adopt or sanction by your verdict the adoption of any other rule, look for one moment at the consequences. Every eccentricity—every departure from the ordinary, sober, ration- al conduct of men, however slight, however trivial—would be an excuse to deliver a man from the consequences of the most heinous crimes. Are you willing by your verdict, gentlemen, to establish any such rule ? Will you overthrow the old, well established rules of law, and put us, put yourselves and your families, at the mercy of any and every villain, who, after having rendered your hearth-stones desolate, and your houses, houses of mourning, may come into court and escape the punishment TRIAL OF WILLARD CLARK. 91 due to his crimes, because, forsooth, some woman may come into court, and testify that for some weeks she thought that lie had acted queer ? I do not believe, gentlemen, that any such doctrines as these Avill find favor in the eyes of a Connecticut Jury. I call your attention to the rule in our own State, as laid down by the Chief Justice in the case of the State vs. AVoodford. He says : “ Even if the jury should find that although the prisoner was at the time of the transaction either partially or generally insane, but yet not to such a degree as to be unable clearly to distinguish between right and wrong, or to impair, in any essential degree, his force of conscience or his knowledge of the full guilt of the transaction—in such a case his in- sanity would not excuse him, and the law would hold him responsible.” So in the case of Rogers, (7th Metcalf, 502,) Chief Justice Shaw held, that “ if lie knows that he is doing wrong, he is to be held responsible, though the mind may be partially diseased.” And now let us look at the character and claims of this defense, pre- mising, first, that the law presumes that every man is of sane mind and responsible for his acts, and the whole burden of proof rests on the shoulders of those who set up insanity as a defense. The prisoner must prove that he is insane—not the State that he is sane ; and it must be proof complete and satisfactory. The proof of insanity, from the defense, must be the same proof which the State would be bound to pro- duce of facts alleged in the indictment. Now if I understand the character of this defense, it is this : that while Mrs. Wight was a little school girl, the prisoner had formed an attachment for her, which, as their acquaintance progressed, became stronger and stronger, until, at last, with the consent of her family, they entered into a formal engagement of marriage. That this engagement was afterwards broken oft'; but that the attachment continued, on the part of the prisoner, until her marriage with the deceased, and that this disappointment and the marriage so unsettled his mind, that at the time of the commission of this homicide, he was of an unsound mind;— that he was predisposed to this unsoundness of mind, from a previous love aft air at Chicopee, Massachusetts, and also that there was an hered- itary predisposition. The attempt to establish this defense has, in my opinion, most signal- ly failed. In their evidence here, a great number of facts are testified to, which have no direct bearing on the question at all. Take the tes- timony of Mr. A. C. Chamberlain. It appears that Clark bought a sofa of him, and when he went to get the pay for it, he says that Clark ap- peared peculiar, but upon cross examination he don’t know what he did ; don’t know what he said ; don’t know how he looked ; don’t know how he acted; in short, don’t know anything about this case. There are a number of other such witnesses. Take another. Mr. Gallagher speaks to him on the street, and he doesn’t return any answer ; and so you are called upon to declare him insane. Now all that the defense have proved, gentlemen, amounts only to this : that the prisoner has at times suffered from a depression of spirits, that he has been abstracted 92 TRIAL OF WILLARD CLARK. and inattentive to business, and has sometimes been seen with a silly- laugh on his face. From these circumstances, and from having seen him in prison, two respectable physicians testify to you, that he was laboring under a delu- sion ; and that this delusion was, 1st, That Mrs. Wight loved him better than her husband. 2nd, That her husband had married her solely with the intention of effecting her ruin, and that consequently it was his (Clark’s) duty to kill Wight. Now the State claim, gentlemen, that he never labored under any such delusion ; and, secondly, if he did, there is no earthly reason why it should affect this case. Now the whole theory of this defense is based on the position that the prisoner had a strong, lasting, and pure affection for this young lady. Now what is the proof? That it was his own base, unmanly and licentious conduct, shocking the innate purity of this young girl, that led to the breaking off of this engagement. Now I can conceive of a passion so strong, so pure, that its disappointment might overturn the intellect, and cloud the reason, but it is a very different feeling from that which this prisoner is proved to have entertained. The State, too, have proved to you that it was at the earnest request of this prisoner that the engagement was broken off, so that he could have experienced no disappointment. But supposing the fact to be so, (which we utterly deny,) that he was laboring under this delusion, it still in no degree excuses him from the consequences of his crime ; for there is still a rule of law, which the defense seem entirely to have lost sight of, which is this, that the assumed facts of an insane man must be such as, if true, would justify his acts. As, for instance, a man is laboring under the delusion that his neighbor intends to kill him. They meet, and from some motion he thinks that his neighbor is about to put his design into execution, and so in supposed self-defense, shoots him ; there his delusion excuses him. But suppose he is under the delu- sion that his neighbor has slandered him, and so shoots him. There his delusion is no excuse, because, if true, it would be no justification. So here, suppose that this delusion under which they claim this man acted was true, suppose Mrs. Wight did love him better than her husband; and that her husband did marry her only to ruin her, it would not have justified him in the act he committed. So then neither can the delusion that the facts were so. But the great test, after all, gentlemen, to apply to this case, is still this: A man’s mind may be diseased, he may have strong, ungovernable passions and vicious inclinations, he may have cherished morbid sentiments and ideas; worthy physi- cians may consider him insane; and yet the law may still hold him amenable to her tribunals. Did the prisoner, then, at the time the act was committed, know that he had done wrong ? that his act was a vio- lation of law? that it was a crime? If he knew that his act was a guilty one, he then had that moral sense and free agency which makes him responsible to the law for his conduct. This is so plain and so well established, that I shall take up but little time in quoting authorities. It appears (1 Russell on Crimes, 13) that if the prisoner has a par- TRIAL OF WILLARD CLARK. 93 tial use of his reason, so that he is conscious of thought and design, that thought is held sufficient to enable him to discriminate in moral acts. So also in Winslow’s Plea of Insanity, pages four and eight. Let us apply these principles to this case and note the result. Take the testimony of Martin Gunn. Does the Jury believe from that evidence, referring as the prisoner did to the public opinion of his case, that he was incapable of deciding on the right or wrong of his case ? did he not know that he had committed a crime against the laws of God and man ? Take the testimony of Mr. Knevals, and every word that wit- ness said, gentlemen, is entitled to your careful attention and implicit belief. This testimony is valuable to two ways: 1st, as showing the state of the prisoner’s mind, and, 2nd, as contradicting the testimony of the physicians, for I think Drs. Butler and Earle both said that Clark manifested the utmost indifference as to the result of his trial. Was a man capable of reasoning in the manner Mr. Knevals testifies to, unable to discern the difference between right and wrong? And further he said that as his trial came near, he was considerably anxious, and could not confine his mind to a book. Why was he agitated ? He thought that he had done right, you will be told. But what fear could he have, if he was incapable of deciding as to what was wrong? There is, however, another witness, gentlemen, whose testimony, if there were the slightest doubt as to the state of the man’s mind, would re- move it. The witness is the Rev. Mr. Garfield. What does he say that Clark said about the newspapers ? And yet he had done nothing wrong! Did not the man know that the act he had committed would subject him to punishment ? Then, too, Mr. Garfield testifies to another thing, which shows more conclusively than ever the true state of the prisoner’s mind. He remarked that his conduct was extremely ju- dicious, after the murder. It was better to go to his store and yield himself up without resistance, than to run away. But why was he to run away ? He had done nothing, as he thought, as the gentlemen will tell you, against the laws of God and his country. Ah, that observa- tion of his counsel was indeed a verity, that the prisoner had “ talked too much already.” The whole thing is plain to you on that one single scrap of evidence—that he was judicious in his conduct after the murder. So, too, with Mr. Jacob Gould’s testimony. Was such a man inca- pable of discrimination between right and wrong? It is idle, gentle- men, for me or any one to argue to you, that the prisoner was fully, utterly and entirely conscious of his crime. I do not deny that his mind was somewhat affected, but that it was to such a degree as to excuse him, I do not believe. I do not, nor do I think that any mem- ber of that panel believes it. Take the case of a man jealous of his wife; his mind may be diseased. Now suppose that he, deluded as to an improper intimacy which he thinks exists between his wife and another man, kills the latter? Is he to come before this Court and plead the disease of mind in bar of punishment ? Where then would be redress for wickedness ? 94 TRIAL OF WILLARD CLARK. The facts offered here to prove insanity are these : starting up, absent- mindedness, wildness, inattention, glassy eyes, Ac. They are all easily accounted for by another hypothesis than insanity. What does Mr. Dayton, chaplain of the prison, testify ? Ah, gentlemen, that accounts for the glassy eyes in the morning, the headache and other symptoms brought forward by the defense, and on better ground than by insanity, for insanity is something permanent. The State, too, has brought many witnesses, who, with as good and better opportunities than those possessed by the witnesses for the defense, never saw any change or insanity in the prisoner. Neither did one of those witnesses, until this trial. His sister, whose affection for her unfortunate brother seems to be ardent, and who has, God knows, the sympathy of the At- torneys for the prosecution, had never mentioned the strange appear- ances, except to her brother, her cousin, and the lady in the house. Would she not have had him restrained, if she deemed him insane ? x\nd Mrs. Parmalee, who seems to, and naturally would, have strong affection for Clark, she, too, did not mention the evidences of her be- lief. She and her husband took no steps to confine him. There is another fact going to prove his sanity, for in this matter the prosecution only wishes to elicit truth, and nothing more. Take the depositions taken in Orono, Me., and Chicopee, Mass. We are welcome, we are told, to make all we can out of the fact that they appear here without cross examination. [Mr. Keese read the certificates of the two Commissioners, that the State, by its Attorney, claimed a right to appear when these depositions were taken, to examine and question witnesses, to read the depositions and make cross interrogatories, and file written ones, in both of which cases it was denied.] Now the Attorney for the defense claimed, first, that the object of the legal notice to be given to us, was that we might go there and in- stitute inquiries for an intelligent cross examination. Did they have any such idea, when the commissions issued ? If we had done it, the ears of this Jury would have rung with cries about the improper and wrong conduct of the State in tampering with the witnesses for the defense. But, gentlemen, if they had had an abiding consciousness of the truth of this defense, would they not have thrown open the doors and said, come and probe the matter to the bottom, all is fair and true here ? [The Court interrupted Mr. Keese, and said that he should hardly say this. The Attorney said that the Counsel for the defense had given them liberty to make all they could out of this circumstance. The Court said the State could use the fact that these depositions were entirely ex parte testimony, not taken in the presence of itself, or any one, and they would so go to the Jury, who w’ould decide upon its character. If the Court had supposed there was anything illegal or unfair in the method of their preparation, it would not have allowed them. The Attorney should hardly thus attack the Counsel for the defense. TRIAL OF WILLARD CLARK. 95 Mr. Chapman said so far as the Counsel were concerned, if the State thought best to attack them in this way, it was welcome to. The Court was of the same opinion as before. Mr. Keese thought the Court did not understand him. He did not speak of unfairness, but only said that if the defense had the abiding confidence in their plea which they had claimed, they would have been willing to invite a cross examination. The Court said that according to the view's it had already expressed, it was not proper for either party to have been there, and they could not.] Here, then, gentlemen, are these ex parte depositions. They are be- fore you, without any opportunity of cross examination having been furnished, and no opportunity had to sift out the truth. Another great fact is this, which, however glossed over, is still here; that every physician on the part of the State desiring to examine this man, was resolutely shut out from him, that no physician was allowed to see him, unless in the presence of his Counsel, or by word of the Counsel that he might talk with him. Why did they so hesitate to prove his insanity ? For fear, perhaps, as I think Dr. Jewett testified, that the prisoner might drop “ unguarded expressionsexpressions he had indeed dropped, as the Counsel knew, when they said he had “talked too much already.” Why shut out these physicians ? This fact tells with powerful weight. We have then, first, these appearances relied on by the defense, abundantly accounted for on other grounds, on the ground of intemper- ate habits, and not of insanity, because many persons who had as good opportunities as those enjoyed by the witnesses for the defense, never saw any insanity; while real insanity is fixed and permanent, and not such a thing as is set up here. And we have then the second, that even if the insanity is true, it is of no earthly benefit, so far, as this case is concerned, because the delusion is not such, if real, as would justify the act committed. Even if this man’s mind was partially diseased, it was not to such an extent as to satisfy the law’s requirements. Now, gentlemen, you will be told that if you have a doubt of the prisoner’s guilt, you are bound to acquit him. Let us see the rule on this. [Quoted 4th Pa., Rep. 274.] You, gentlemen, must be satisfied, beyond a reasonable doubt, of the insanity, or on your oaths as Jurors, you are bound to convict the prisoner. I am aware, gentlemen, of the learning and ability of the Counsel for the defense, and if human ingenuity could avail aught against such an overwhelming array of facts, I and the community might well fear lest the prisoner should escape that justice whose mandate he has so daring- ly defied. I know what eloquent appeals will be made to your feelings and your sympathies, in behalf of this prisoner. But, gentlemen, though you may, and doubtless will, commiserate the condition to which this man, by his own deeds, has brought himself, your verdict must be render- ed, not according to your sympathies, but by the law and the evi- dence before you. Your duty in this case, gentlemen, is, I know, a 96 TRIAL OF WILLARD CLARK. deeply painful one. It is always a painful duty to be engaged in the trial of a cause which may result in a verdict which the sentence of death must inevitably follow. But if your duty is a painful one, mine— if in a case of this magnitude, and under its peculiar circumstances, I may be allowed to speak one word of myself—mine is doubly so; for by one of those singular coincidences which in the inscrutable ways of God’s providence sometimes occur in this world, you have here before you to-day, three old school-mates. One, led away, alas, by his own evil passions, and yielding to the unrestrained influences of his evil nature, sits here arraigned before you, a Jury of his fellow countrymen, charged with the hiodi.est crime known to our laws—willful and deliberate murder. A second is here, honored and honorable, defending with all the learning derived from years of unwearied industry, with all the ingenuity of his high abilities, his unfortunate and guilty school-fellow. The third one, gentlemen, speaks to you ; and when I saw the estimable man whom we all love, and whose instructions we remember, come here the other day to testify, involuntarily my mind went back to the days when we three were young, and innocent, and happy, and when if some hand could have uplifted the veil which in God’s mercy shrouds from us futurity, and have foreshadowed to us this day, and the scene which we this day witness, we should have all three shrunk back terrified and appalled, in- credulous and aghast; and yet, according to the decrees of Him “ who doeth all things well,” we three have so worked out our several destinies. One word farther, and so far as I am concerned, I leave this case with you. Gentlemen, we have fallen upon evil times; the crying evil of our day and of our generation, is an utter disregard for the established laws of the land, and the setting up of our private judgments as the standard by which to regulate our conduct. Where and to what this feeling may at last bring us, God only knows; but already as one of its direful conse- quences, crime is fearfully increasing in our midst, and the calls of the community are imperative, that something should be done to stay its course. Already within the narrow limits of this little County of New Haven, in little more than one twelve month, this is the fourth homicide that has been committed, and all the perpetrators have as yet gone un- whipped of justice. Nay, further, while you have been here trying this man, two homicides have been attempted in this very city. Gentlemen, it is time something was done to stop this—time that our citizens should see that they have some security, and some protection left them in their courts of law, and that when, as now, guilt is clearly brought home to the party, and abundantly proved, that no ingenuity and no ability, however great, can avail to stay the course of justice. I leave this case in your hands, gentlemen, with the utmost confidence that your duty, although deeply painful, will be conscientiously discharged; and that your verdict, while it may bring terror to the hearts of all evil doers, will afford to our citizens a renewed sense of security, and of confidence in the laws enacted for their protection, and of confidence also in the man- ner in which those laws are administered. TRIAL OF WILLARD CLARK. 97 Mr. Harrison followed for the Defense. He said: May it please the Court, and you, Gentlemen of the Jury: The prisoner at the bar stands indicted before you for the crime of murder. “ Murder is when a person of sound memory and discretion unlawfully killeth any reasonable creature in being, and under the king’s peace, with malice aforethought, express or implied.” This definition is not the one which the Attorney for the State has given you; but it is one which has come down to us through many ages; it is the defini- tion given us by the books; it is at this hour a part of the law of Con- necticut. If then, while killing, as he did kill, Richard W. Wight, this prisoner was a man of sound memory and sound discretion within the meaning of the law, he is guilty of the crime whereof he stands indict- ed ; but if, at that time, the prisoner was diseased in mind, so that he had not a sound remembrance of the facts and circumstances by which his conduct would otherwise have been influenced,—or so that he had not, in its natural soundness, that discretion which would otherwise have enabled him to act rationally upon the knowledge furnished him by a sound memory—then he is not guilty, and you must acquit him. Hence we are to inquire whether the prisoner was or was not, when he killed Wight, a sane man. Before proceeding with this inquiry, let me remark briefly upon some things which have been said by the gentleman who has just addressed you. He has made an attempt, or rather renewed an attempt that has been repeatedly made during the progress of this trial, to convey to the jury an impression that the Counsel for the prisoner are not sincere in this defense. The prisoner’s Counsel, gentlemen, are not on trial. What has their sincerity or insincerity to do with the question at issue? On other occasions than this, and in other places than this, insinuations of this sort might be less unbecoming to him who makes them; but those gentlemen of the bar who desire to possess the respect of their asso- ciates, of the community, and of themselves, are apt to refrain from such insinuations everywhere. Whether, in fact, we are sincere or not, will perhaps appear, if it has not already appeared, before we get through this trial. There are some indications of sincerity which cannot be feigned, and cannot be misunderstood. The sincerity of the prisoner’s sister has been questioned. Why ? She stands uncontradicted. Her truth has been corroborated, unex- pectedly corroborated, on every point and from every quarter. Not one fact has she stated, material to this issue, which has not been sus- tained, and fully sustained, by the evidence of other witnesses. But when this man, in his agony, fled to Chicopee with vague dreams of going to Maine, why didn’t she stop him and have a conservator ap- pointed over him! Why not do this in order to prove her sincerity! I will tell you what she did do, gentlemen. She spent four days and nights watching for her brother, alone, and in tears, and in terror, with- 98 TRIAL OF WILLARD CLARK. out sleep and with hardly a morsel of food. That was her poor way of showing sincerity. Enough of this. It is intimated that the prisoner was addicted to the improper use of intoxicating drinks, and that the symptoms of derangement which he manifested, resulted from that cause. And yet one hundred men and women, more or less, acquainted with the prisoner, have testified here, and not one of them has pretended to have ever seen him drink, or to have ever heard of his drinking one drop of intoxicating liquor. The only evidence bearing on the point is that Clark admitted freely to Mr. Dayton, as he has always admitted freely everything true, that at one time he had liquor and had given some of it away. At the same time, in reply to Dayton’s questions, he said that he had not drank on the day of the homicide; and there is no evidence that he ever drank a drop in his life. If he had been addicted to the use of spirituous liquors, is it possible that a fact so important would not have been extorted from some one of those hundred men and women, who knew him so wrell ? —especially when his character was a subject of inquiry ? Moreover, the medical men have sworn, and you wall remember it, that the symp- toms to which I have referred could not have resulted from the use of liquor. How cruel then, in a case like this, is such an insinuation! It isn’t fair. It isn’t manly. If you want to take this man’s life, gentle- men, take it openly, take it honestly—not by inuendo. I propose now to go into the question of sanity or insanity. First let me allude to a common prejudice which the Attorney for the State has tried to enlist against us in this case. The defense of insanity is general- ly regarded with suspicion. An impression prevails that juries are lia- ble to be deceived by it, and that the public interests are always in danger when this defense is made. This impression is false. I wall prove it false. I undertake to prove, that while juries are in little or no danger of being deceived by the defense of insanity, they are in great danger of improperly disregarding it. Look at the history of criminal trials. Take that very case of Bellingham, cited by the opening counsel. Bellingham was insane and irresponsible : nobody doubts it. Yet within one week after committing a homicide under the influence of insane and uncontrollable delusions and impulses, he was convicted, hung, and cut in pieces on a dissecting table. It was a bloody business, and it shocked the conscience of all England. Take the case of Freeman in New York, who was defended on the ground of insanity, was convicted, obtained an order for a new trial, and died in prison. His brain was dissected and found rotten. Take the case of Thurston, tried and convicted in the same State a few years ago. A new trial was granted. On the second trial he was acquitted and has ever since been confined in a lunatic asylum, unmistakably deranged. Kleim’s case, tried in the same State not long ago, is an instance of a man acquitted with difficul- ty on the ground of insanity, who has, since his acquittal, given unques- tionable evidence of mental imbecility. Then there is the case of Abner Rogers, tried twice in Massachusetts, acquitted on the second trial, clearly evincing his insanity afterwards, and finally ending his life by suicide. 99 TRIAL OF WILLARD CLARK. Take the case of Goss, in our own State, who believed himself to be a second Lamb of God, and died in that faith on the gallows. Remem- ber also the case of Woodford, who was tried in Hartford County some years ago, was defended by my brother Chapman on the ground of insanity, was convicted of manslaughter on his second trial, manifested his insanity afterwards so distinctly that no man could doubt it, and died a lunatic. We might refer to the cases of Brown, Bowler, Howi- son, and Arnold, and others, in Great Britain; of Baker, in Kentucky; of Prescott, in New Hampshire; and to many other cases of the same general character. The examination would satisfy us that insane and irresponsible men are frequently convicted by juries, and that in almost every instance where the defense of insanity has prevailed, the party accused has, after acquittal, given indisputable evidence of insanity. Indeed, so far as New England is concerned, I defy the learned gentle- men to name a case where the defense of insanity, having been success- ful, has not afterwards been vindicated by the clearest evidence of the insanity of the person acquitted. Hear what that eminent man, Dr. Woodward, late Superintendent of the Worcester Asylum, says on this subject: “Of all the cases that have come to my knowledge, and I have ex- amined the subject with interest for many years, I have known but a single instance in which an individual arraigned for murder, and found not guilty by reason of insanity, has not afterwards shown unequivocal symptoms of insanity in the jails or hospitals where he has been con- fined : and I regret to say that quite a number who have been exe- cuted, have shown as clear evidence of insanity, as any of these.” Tenth Annual Report, p. 73. Dr. Bell, of the McLean Asylum, cited by Ray, in Medical Jurisprudence of Insanity, p. 275, says, “that for one real criminal acquitted on the score of insanity, there have been a dozen maniacs executed for their criminal acts.” Dr. Brigham, form- erly of Connecticut, a learned and eminent investigator, once well known to his Honor, the Presiding Judge, says in his eighteenth An- nual Report of the Hartford Retreat for the Insane, p. 19, “I know it is a common, but frequently, I suspect, a careless remark, that the plea of insanity is too often successfully adduced as an excuse for crime. So far as I have any knowledge, this is not the case. I do not know of a single instance where the insanity of an individual has been certi- fied to by those well informed and well qualified by experience with the insane to judge on such a subject, that time and public opinion has decided to be incorrect; while I know many instances where the plea has been disregarded, which time has shown ought not to have been. I have seen several kept in prisons for crime, where their appearance and conduct convinced all that they were insane, and insane when brought to the prison. One, happily now in the Lunatic Hospital in Worcester, Mass., was kept several years in the prison of our State for an act committed when he was as insane as he now is; and of his in- sanity at the present time there is no question. It might be well for those who, in halls of legislation or in courts of justice, confidently 100 TRIAL OF WILLARD CLARK. assert that insanity is frequently feigned, so as to deceive those well informed on the subject, to adduce instances of the fact. In a case where the life of an individual is concerned, it is especially important that remarks of this kind should be supported by facts.” But we do not rely on medical authority alone. Chief Justice Parker of New Hampshire, in his charge to the Grand Jury of Merri- mack County, American Jurist, vol. xx, p. 456, says : “The public papers, in giving reports of trials, often say, ‘ the defense was, as usual, insanity,’ or make use of some other expression, indicating a belief that this species of defense is resorted to, in desperate cases, for the purpose of aiding in the escape of criminals from justice. Such opinions are propagated in many instances by those whose feelings are too much enlisted, or whose ig- norance respecting the subject is too great to permit them to form a dispassion- ate and intelligent judgment; and they have a very pernicious tendency, inasmuch as they excite prejudices in the public mind, and the unfortunate individual who is really entitled to the benefit of such a defense, is thereby sometimes deprived of a fair and impartial trial. They tend to make the defense of insanity odious, to create an impression against its truth in the outset, and thus to bias the minds of the jury against the prisoner, and to induce them to give little heed to the evidence, in the very cases where the greatest care and attention and impartiality are necessary for the develop- ment of truth, and the attainment of justice. * * * * If we imbibe the idea that instances of insanity are very rare, that derangement exists only when it manifests itself by incoherent language and unrestrained fury—that the defense, when it is offered, is probably the last resort of an untiring advo- cate, who, convinced that no real defense can avail, will not hesitate to palm off a pretended derangement to procure the escape of his client from a merited punishment—if in this way we steel our hearts against all sympathy, and our minds against all conviction, it is of little avail that we agree to the abstract proposition that insanity does in fact furnish a sufficient defense against an accusation for a crime. There are undoubtedly instances in which this kind of defense is attempted from the mere conviction that nothing else can avail— cases in which the advocate forgets the high duty to which he is called, and excites a prejudice against the case of others, by attempting to procure the escape of a criminal under this false pretense, but such cases are truly rare and usually unsuccessful.” Judge Edmonds, in Kleim’s case, speaks to the same effect.—Journal of Insanity, vol. ii, p. 262. In the present case nobody can deny that the defense rests upon a mass of testimony imposing in quantity and in character. This defense is made by the friends of the prisoner in good faith; and I think you will now agree with me that it ought not to encounter from you at the outset, any prejudice whatever. Let me then, confident of a fair and impartial hearing, ask your serious attention to the facts, as they have appeared in evidence. On the 28th of April last, in a crowded town, in a populous street of that town, in the day time, in a house full of people, and in presence of an eye witness, Willard Clark, with no immediate provocation,—with no provocation at all, as I will show by and by,—shot Richard W. Wight, giving him the wound whereof he died. Having done this, Clark walked away, at his usual pace, returned the pistol to the person of whom he had borrowed it, saying, “ I have shot a two-legged cat,” then TRIAL OF WILLARD CLARK. 101 walked back to his store, and went about bis business as if nothing had happened. What does this bald, naked statement of facts suggest? What doubts, what suspicions, as to the sanity of the man, force them- selves upon your minds ? But who is Willard Clark ? A native of this State; a young man only twenty-seven years of age; well brought up; addicted to no bad habits; a man of kind heart; a man of integrity; a man of honor; a man of irreproachable character in all respects, so far as his conduct towards his fellow men is concerned ; a man who never, down to the moment when he did this act, had, so far as you can learn from any evidence before you, committed an offense against the laws of God or man. What motive had such a man for the commission of such an act? He certainly had no further crime in contemplation. He sought no advantage to himself. He had, as will be apparent when you put the evidence together, no personal ill-will towards Wight; he had never said a malicious word against him. He had made no prepa- ration for escape. He made no attempt to escape. He knew, if sane, that he was dooming himself to the gallows; and that even if, through any accident, his life should be spared, that life would be to him an utter blank, a loss, a ruin. No! No such man, sane, ever did such an act, under such circum- stances, since the world was made. Insane men do such things every day. The law presumes men sane until the contrary appears. Here it does appear. The circumstances of the transaction itself overthrow the presumption of sanity. If there were no other evidence of the prisoner’s insanity, we have enough of it here upon the threshold of the case. Nor is it any answer to this that certain atrocious expressions are said to have been uttered by the prisoner since the homicide—expressions of savage hostility towards Wight, and the like. Never before had he said one. unkind word about Wight. Who are they who would intro- duce such extraordinary language,—language entirely out of character,— together with expressions indicating absurd changes of opinion on some subjects, as evidence of this man’s sanity, or of any man’s sanity? Why, gentlemen, when the hand of God has smitten the intellect of the pure and delicate woman, what foul words pour forth from her lips; and when disease has touched the mind of the Christian, what blas- phemies are too wicked for him to utter! These indications of a wild and wandering mind are the last things that should be offered as proofs of sanity. If the prisoner was insane when he committed this act, we may ex- pect to find by an examination into his conduct immediately before the act, some of those appearances which, when seen, are recognized by those familiar with the subject, as symptoms of insanity. The books tell us that these appearances do not always precede the explosion of the disease. Ray, M. J. Ins., 70,205, 206, 207, 141, 142, 143. Frequent- ly, however, they are noticed before any violent outbreak takes place. Often the germs of disease in the mind go through a process of “ incu- bation,” as it is called; the mind broods over them for a time, and final- ly hatches them into life. During this process the mind often gives outward signs of what is going on within. These signs are the Symp- 102 TRIAL OF WILLARD CLARK. toms of Insanity ; and in this case we find them disclosed in remarka- ble abundance and variety. In order that we may understand their meaning as we see them presented by the testimony, let us, before re- viewing the evidence, read a word or two from the authorities : “ Madness is not indicated so much by any particular extravagance of thought or feeling as by a well marked change of character or departure from the ordinary habits of thinking, feeling and acting, without any adequate ex- ternal cause.” Ray, M. J. Ins., p. 135. “ It is therefore, I repeat, not the abstract act or feeling which constitutes a symptom ; it is the departure from the natural and healthy character, temper and habits that gives it this meaning.” Ray, M. J. Ins., p. 187. “ Mania, under whatever form it may appear, is generally preceded, except when produced by injuries or moral shocks, by a change in the natural condi- tion, designated by writers as the period of incubation.” Ray, M. J. Ins., p. 137. “ This period of incubation of mental alienation, during which the true state of the patient is generally misunderstood or not appreciated, may last a long time. * * * Sooner or later this disorder of the cerebral functions be- comes of a more obvious and positive character. The struggle between the convictions of his sounder reason, and the impulses of this new condition ceases, and the patient, instead of contending any longer against the ap- proaches of disease, or of concealing his thoughts, now believes in their real- ity, and openly and strenuously avows them, except when induced by power- ful reasons to pursue a contrary course. The governing principle in the mind is gone; ideas and perceptions occur in the utmost confusion and rapidity, and are connected by unnatural and incongruous relations. The attention is con- stantly wandering from one idea or object to another; external impressions have lost their ordinary power, being overlooked or disregarded amid the turmoil that prevails within. The individual is excited to action by strange and extraordinary motives or by impulses that he finds himself unable to resist. His passions are easily aroused, and almost instantly reach their maximum of strength and activity.” Ray, M. J. Ins., pp. 139 and 140. Here, in Ray, M. J. Ins., p. 168, is a passage, singularly fitted to our case, although its full force will not be felt until we shall have reviewed the whole history of the prisoner : “ There are many individuals living at large, and not entirely separated from society, who are affected in a certain degree by this modification of insanity. They are reputed persons of singular, wayward and eccentric character. An attentive observer may often recognize something remarkable in their manner of existence, which leads him to entertain doubts of their entire sanity, and circumstances are sometimes discovered on inquiry which assist in determin- ing his opinion. In many instances it is found that there is an hereditary ten- dency to madness in the family, or that several relatives of the person affected have labored under diseases of the brain. The individual himself is discovered in a for- mer period of life to have sustained an attack of madness of a decided character. His temper and disposition are found on enquiry, to have undergone a change ; to be not what they were previously to a certain time; he has become an altered man, and this difference has perhaps been noted from the period when he sustained some reverse of fortune which deeply affected him, or since the loss of some beloved rel- ative.” It is evident that there is no greater mistake than the notion that in- sanity is manifested only by violent action or incoherent speech. Re- membering that we are not now investigating the character or causes TRIAL OF WILLARD CLARK. 103 of the prisoner’s insanity, but are merely looking for symptoms of men- tal derangement in him, near the time of the homicide,—such symp- toms as we might expect to find, if he was then really insane,—let us examine that part of the evidence which relates to his conduct and mode of life during the few months next preceding the death of Wight. When we shall have done that, I will read you, from this book which I hold in my hand, (Ellis on Insanity,) the history of Willard Clark, from October, 1854, to May, 1855, and I will ask you whether the pen of a prophet could have written that history more faithfully than it appears in that portion of this book which details the ordinary symptoms of approaching mania. 1. Among the symptoms of insanity, known to every body, and men- tioned in all the books, is profound Melancholy, gradually leading to homicidal impulses. That Clark, for several months prior to the homi- cide, suffered under an extravagant depression of spirits, increasing in strength with the progress of time, is proved by numerous witnesses, and will not be denied. “ In another class of cases the exciting cause of the homicidal propensity is of a moral nature, operating upon some peculiar physical predisposition, and sometimes followed by a more or less physical disturbance. Instead of being urged on by a sudden, imperious impulse to kill, the subjects of this form of the affection, after suffering for a certain period much gloom of mind and depres- sion of spirits, feel as if bound by a sense of necessity to destroy life, and pro- ceed to the fulfillment of their destiny with the utmost calmness and delibera- tion.”—Ray, M. J. Ins., p. 216. 2. Headache is a frequent symptom, even when the insanity results from moral causes. 1 Beck, M.J., p. 536. Ellis on Insanity, pp. 105 and 107. Ray, M. J. Ins., p. 141. From the testimony of Mrs. Dewey, Mrs. Collins and Mr. Stout, it is clear that Clark began to have head- ache in January, and continued to suffer from it more and more down to the time of the homicide. 3. “ Wakefulness is another symptom which sometimes precedes all others, and is coeval with pain or uneasiness of the head.” 1 Beck, p. 541. Ellis on Ins., p. 107. From January until the day of the homi- cide, the prisoner hardly slept at all. Except for one week, we know how he spent the night throughout that time. He passed but three nights in bed. He lay on the sofa; because, he said, he could not sleep, and it was of no use for him to go to bed. It is noticeable that the headache and the sleeplessness, began together in January. The “ wakefulness” was coeval with pain or uneasiness of the head.” 4. Neglect of business and neglect of person are mentioned by various authorities, among the symptoms of insanity. Clark’s neglect of busi- ness, during the latter part of the time, is proved by many witnesses. His neglect of his personal appearance was noticed by Mrs. Hull and others. Mrs. Dewey once told him he needed new clothes. “ He stared, looked wild and said, he didn’t know as he needed any ; said he didn’t think he should live long.” 104 TRIAL OF WILLARD CLARK. 5. Bewilderment. In reference to this and some other symptoms, per- mit me to read at some length from the testimony of several witnesses. William Hull says, “ On the 15th of April 1 noticed something pecu- liar about him. He appeared lost to himself. He didn’t seem to be settled in his mind. Sperry and I spoke of it at the time. His manner was different from what I had ever noticed it before.” Mrs. Collins, speaking of the last month or two, says, “ He appeared like a person in deep thought.” She speaks of his “ staring vacantly,” and making no replies when she spoke to him. Frederick P. Gorham.—“Noticed this strangeness in him from early in the Spring until I last saw him, about a week previous to the homicide.” “It was a lost, absent way.” Describes his last interview with Clark thus—“I found him in a deep study. He took no notice of me when I spoke to him. I repeated my remark. He turned upon me with a stern expression of the eye, looked for a moment, then seemed to come out of a dream, as it were, and made a remark having no relation to what I had said. This was early in the morning. Noticed in him sometimes a wild- ness: he seemed lost; oftentimes gave me an answer having nothing to do with the subject I was talking about. This commenced early in the spring; think it was not as far back as January. He acted unusually strange then and generally through the spring.” Again, speaking of his last interview,—“ He talked in an incoherent sort of way, very wildly, and muttered to himself. He didn’t give me an intelligent answer. Spoke of it then to my wife,” &c. A. C. Chamberlain mentions “ a something about the manner, pecu- liar: noticed it at the time; his face was unusually white.” Another time, “I went into the store and called for something. He went into the back-office and seemed to forget it. After a little while he said, Oh! I’ll wait on you.” Mr. Chamberlain “thought it strange,” and on cross- examination refers to something peculiar in Clark’s “ expression, look, and manner.” John F. Chatterton “ was in there sometime in the last part of March. Had formerly been intimately acquainted with Willard. Asked him if the house was to rent; he made no reply, but turned his back to me. It was something unusual. He had been very intimately acquainted with me and very sociable before. In about half a minute I called his attention to it again. He replied, ‘I don’t know.’ I asked who rented it. He made no reply. I asked a second time. Clark pointed over his shoulder and said, ‘over to West Bridge.’ I asked, where is George?— no answer,—question repeated,—he said, ‘in Illinois.’ His mind was evidently occupied with something different from what I was talking about. Having a brother insane, I remarked to my wife, the same evening, that Clark must be crazy. I should have prolonged my inter- view if I could have got answers.” And the witness tells us that he was obliged to go away without obtaining from Clark the information which he sought, and which Clark must have possessed. Mrs. Hull “noticed change in him as early as last November. I would ask for articles; he would reply with a vacant gaze. Had to re- TRIAL OF WILLARD CLARK. 105 peat my questions. I didn’t like to trade with him because he was so peculiar and changed in his appearance. Sometimes I would leave the store without any answer. Sometimes a very silly smile would pass over his countenance that gave me pain ; first noticed this smile during the winter.” And on cross-examination, “ I told my family I couldn’t account for it. Can’t definitely state when I first noticed this laugh. I very frequently spoke to my husband about this; told my husband it was painful to go there,—that a strange change had come over him. Have since noticed that smile at the jail.” Lydia Sellidge.—“ He was behind the counter. I gave him money re- quiring change. He took it, put it in the drawer, and stood looking at me. I waited and asked for change. He said, ‘did you pay me?’ I said yes, and told him what piece of money I had given him. He said, ‘ I didn’t know you had paid me ; I don’t know what I am about, half the time.’ This was in the morning. Have noticed several times that he looked strange and didn’t give attention. Have noticed a change in him. He seemed very absent-minded. Noticed it a few months before this occurrence. There was something in his appearance that I can’t express” —and in saying this, gentlemen, she does express, what it has been evi- dent to you that other witnesses, who saw it, could not explain—that look, that demeanor, that strange appearance, that “something” indicative of a wandering intellect, which everybody, seeing, understands, but which nobody can describe, save in the simple language which this good woman has so artlessly used. Again she speaks of “ a strangeness, ab- sent-mindedness, failure to recollect,” &c. “ Mentioned this at the time to my daughter and sister. Noticed it generally—all the time.” Philo Terrill tells you how, after the marriage, Clark, not having called on him for months, went into his store, having no business there, making none, and asking no question; and how, when Terrill referred to the marriage, Clark gazed at him with “ eyes glassy and wild,” and presently went away. Mariner Beecher.—“ In October once I went to his store about nine, A. M. I enquired for Barnett. He made no reply, but stood and gazed. At last I started to leave. He started all at once as if he had just heard me, and said he had been and had gone. I noticed that sort of thing very often—from October to April.” Mary Woodward.—“ Have known him four years. Noticed through the past winter that he was unusually abstracted—neglected his business. Have known him play on musical instruments, when there were half a dozen customers waiting in the store to be served. I have asked him for articles, and he would stare at me with a wild countenance, take up one thing and lay it down and then take up another, until I had twice called his attention to what I wanted. He would stare at me with an unpleasantly wild countenance; noticed it most during the two or three weeks before the homicide.” And on cross-examination—“ noticed his abstractedness during the winter—hardly as soon as November,—I think in January. Afterwards there was a change from a mere abstraction, that I cannot express. In the early part of the winter there was a per- 106 TRIAL OF WILLARD CLARK. feet inattention to business and an abstraction. The next change was a wildness in his manner.” She then spoke of the peculiar expression of his countenace, and of his walking from one thing to another “ uncon- nectedly,” and of his staring at her, and so forth. Harriett Barber.—“ He was at our house in April; asked if my broth- er had borrowed a gimlet of him within a week or two. I told him no, my brother had been gone. He repeated the question at least three times more, without apparently knowing what I said. He then asked if my brother was at home. I told him no. I had already told him so three or four times. He kept looking at me in a fixed manner ; looked melanchoty. He laughed when he turned away. There was no occa- sion for the laugh.” On cross examination she says: “This was about nine o’clock, A. M. Had never seen him act so before. He looked at me with a fixed and earnest look. He didn’t seem to take the sense of what I said.” Mrs. Sarah Potter, who had known him fifteen years, “ noticed the change in him about four weeks before the homicide.” On the day af- ter his return from Chicopee, she went into the store for something that required weighing out; called for him, &c. “ He was in the little back room. He came out very reluctantly part way, and then went back, and as he went, turned and looked over his shoulder and laughed.” On Thursday before the homicide, he asked her if Gorham kept steady now, and she says she was surprised at such a question, because Clark knew that Gorham was steady. Again, on cross-examination she says : “This was in the morning, It was a simple laugh. He came back and wait- ed on me. The last four weeks he didn’t care whether he got his pay or not. He would stand and laugh. I thought he acted dreadful strange. Never noticed this peculiar laugh before. It was a smile, a simple look and laugh. I can’t describe it.” No mortal can describe it. I know somebody who has seen it, and I know that while it can never be described, it can never be forgotten. Samuel Short.—“ Known him fifteen years. Noticed something strange about him. It began along in January. If you asked for a thing, he didn’t seem to give you an answer. Have noticed this ever since, and along in March noticed it more than at any other time. You ask for a thing and he wouldn’t give you no answer; he seemed to be bewildered.” Clark M. Loomis, for two months previous to the homicide, was out of business, and was in Clark’s store almost every day. “ During that time I noticed that he grew very careless and negligent of his business, paced the floor a great deal, appearing absorbed in his own thoughts, and whenever customers spoke to him, he frequently took no notice of them at all. Frequently during that time when 1 have been in his store and have spoken to him, he has acted strangely, waiting a good while before answering, and often not answering until I had spoken to him a second time. This conduct of his evidently grew worse day by day.” Jerome L. Stout noticed the same appearances ; so did Mrs. Beers, Mrs. Carr, Mrs. Janes, Mortimer Camp, Mr. Willis, Mrs. Willis, Mr. Gallagher, TRIAL OF WILLARD CLARK. 107 and other New Haven witnesses, and they show you that these symptoms were continually manifested down to the day of the homicide and dur- ing the morning, noon, and afternoon of that day. Their testimony is voluminous; I will not consume time by reading it. But this is not all. There is the evidence of the Chicopee witnesses, who tell you how Clark appeared from the nineteenth to the twenty-third day of March. If those witnesses needed any support, you would find it in the coincidence between their testimony and that of the New Haven witnesses. Both classes of witnesses testify to the same symptoms occuring during the same period. I am amazed at the manner in which gentlemen have tried to evade the effect of these depositions—depositions taken by order of this Court—taken in the manner prescribed by the Court—taken by a respectable magistrate selected by the Court—and taken in exact con- formity to law. They are the depositions of twelve disinterested per- sons, concurring, in the drift of their testimony, with each other, and with the New Haven witnesses. If the credit of one of them could have been impeached, it would have been. The depositions stand utterly uncontradicted—the State not having attempted to controvert one sylla- ble of them—and yet you are invited to disbelieve them 1 And why ? Because the Attorney for the State did not see fit to file cross-interro- gatories ! There was a difficulty, it is said, about devising any. True ; and the difficulty was, gentlemen,—there could have been no other, you have heard of no other,—that our direct interrogatories covered the whole ground, so as to exhaust the knowledge of the witnesses, and so that by filing cross-interrogatories no additional information could have been gained. You can see this. Everybody sees it. It is further ob- jected that the magistrate refused to permit Mr. Keese to be present at the taking of the depositions. The magistrate did right, and this Court has said so. He propounded the interrogatories himself, suffering no- body to be present but the witnesses. We were not there. The gen- tlemen were not there. Neither of us had any right to be there. But it is said that we, the counsel of this prisoner, should have waived some of his rights and permitted the gentlemen to be present. Yes, they are not ashamed to complain here, that we, with this man’s life in our hands, did not make concessions which they know it would have been improper for them to ask or us to grant. These depositions then, taken according to law, by a proper person, upon full and fair interrogatories, and in a manner calculated to give them the highest credit, stand above all cavil, unimpeached, unimpeachable, and unanswered. I will not read them— they are too long—but will turn your attention to some parts of them. Melville Duly says: “I saw him at Chicopee last March, the 19th day. I sat and talked with Clark about two hours. I noticed immedi- ately that his mind was wandering. I couldn’t talk with him, for he couldn’t talk on any subject—he would skip from one thing to another. I could not stick him to anything. His mind was not steady. I saw something ailed him, and I said, ‘ Clark, it seems to me as if you acted as though you were in trouble.’ He answered he was in trouble, but didn’t tell me what the trouble was. I spoke to my wife about his wild, 108 TRIAL OF WILLARD CLARK. wandering ways. When at breakfast he would lookup and laugh about nothing, and acted wild and strange, then and all the time he was here. He staid in Chicopee three or four days. I saw him again here. He acted as if his mind was not right, and T told Joseph Keene so at the time. He was gloomy and sad, and appeared troubled in his mind. Part of the time he would answer my questions quick, and then at oth- er times he would be in a study, and not answer for a good while. There was evidently something heavy on his mind. He ate very little— used to be a hearty eater. He acted this time a good deal as lie did af- ter his disappointment with the Scott girl ; cast down and pacing the house to and fro, in a sad, gloomy, thinking manner. He did not act right when he was here last—acted very strangely.” George Babcock.—“I saw him, Clark, last March, 19th or 20th, the first day he was here in Chicopee. Saw him three or four times during his stop here. He said he did not know but he should go to Maine and see Almira.” Go to Maine ! and see the girl who had deserted him,—now, for eight years, the wife of a man who had treated him with indignity ! How could she console him ? It was the dream of a broken and wandering mind. He meant to go. He told Mrs. Duly and Miss Phil- brick and others the same story. Unable to stay at home, after the marriage of the Bogart girl, he had abandoned his business and fled from New Haven, imperfectly clad, at an inclement season, not knowing whither he was going. He found himself in Chicopee, surrounded by scenes which revived the memory of his early attachment. The old feel- ing circled round his heart and the strange fancy of going to Maine to see Almira, possessed, for a time, his disordered imagination. George Bab- cock further says : “ He was absent-minded ' as soon as I stopped talk- ing with him he would fall into a silent, thoughtful way and seemed buried in deep thought;”and again, “his mind wandered from one thing to another, in a confused manner, and did not seem capable of sticking to any subject any length of time.” Mrs. Duly says : “ He came to our house the 19th day of last March, 77_78 Beers, Mrs. Elizabeth A., “ “ 19-20 83 Beers, Susan E. s-» “ 20 Punderson, Samuel, M. D., “ “ 20 Bradley, John, “ “ 20 Knight, Jonathan, M. D., “ “ 21 86 Dickerman, William, “ “ _ 21 Blakeslee, A. C., M. D., “ “ 21 Gunn, Martin, “ “ 21-22 Hubbard, Stephen G., M.D. “ “ 22, 86 Knevals, Jesse, “ “ 22 Berkeley, Charles, “ “ 22 Fenner, E. H., “ “ 22-23 Atwater, David, . “ “ 23 Garfield, J. M., “ “ 23, 79-81 Duly, Melville, Deposition of, 26-27 Babcock, George, “ “ 28-29 Duly, Olive, “ 29-30 Getchell, Margaret, “ 30-31 Getcbell, Caroline, “ “ ....... 31 Getchell, Eunice, “ “ 32 Philbrick, Almira, “ “ . 32-33 Keene, Joseph, “ “ 33-34 Dickinson, William, “ “ Hosly, James E., “ “ 34-35 Beach, Hobeit, “ 35_36 216 Babcock, Lovina, Deposition of, ...... 36-37 Rendall, Frank, “ 37 Spencer, Timothy, “ 38 Spencer, Andrew, “ “ 38-39 Spencer, Zilpha, “ “ 39-40 Scott, Elkanah, “ “ 40-41 Spencer, Almira, “ “ 41-43 Lovell, John E., Testimony of, 43 Cooper, Dan S, “ “ 43-44 Canfield, Judson, “ “ 44-45 Croswell, Rev. H., “ “ 45 Dewey, Mrs. Lucy, “ “ 45-48 Hull, William, “ “ . . . ... 48 Collins, Mrs. Mary, “ “ ....... 48-50 Gorham, Frederick P., “ “ 50 Chamberlain, A. C., “ “ 50-51 Chatterton, John F., 51 Hull, Mrs. Ann, “ “ 51-52 Sellidge, Mrs. Lydia, “ “ 52-53 Terrill, Philo, “ “ 53 Beecher, Mariner, “ “ 53 Woodward, Mrs. Mary, “ “ 53-54 Barber, Miss Harriett, “ “ ...... 54 Carr, Mrs. Sally B., “ “ 54 Potter, Mrs. Sarah, “ “ 54-55 Loomis, Clark M., Deposition of, ....... 55-56 Parmalee, Mrs. Rhoda, Testimony of, 66-60 Gallagher, James, “ “ 60 Short, Samuel, “ “...... 60 Bishop, Joel B., “ « 60-61 Janes, Mrs. Anna, “ “ 6l Willis, Mr. E. P., “ “ 61-62 Willis, Mrs. Margaret M., “ “ 62 Stout, Jerome L, “ “ 62-63 Beers, Mrs. Isaac, “ “ 63 Ellis, William H., “ “ 63-64 Camp, Mortimer, “ “ 64-65 Spencer, Frank, “ “ 65 Hine, Philander B, “ “ 66 Butler, John S., “ 66-72, 87,87 Earle, Pliny, “ “ 72-75,87 Ray, Isaac, “ “ 76 Dunning, Lee, “ “ 76—77 Bryan, Edward, “ “....... 77 Gorham, Elisha M., “ “ 78 Bryan, Andrew, “ “ 79,86-87 Dayton, Smith, “ “ SI INDEX. 217 Gould, Jacob, Testimony of, .... 81-82 Ray, Isaac, Excused, 82 Weld, Alfred, Testimony of, 82 Harrison, Israel, “ “ 82-83 Harris, Charles, “ “ 83 Esma, John, “ “ 83 Lampson, Henry, “ “ 83 Lake, Lockwood, “ “ 83-84 Thompson, Henry, “ “ 84 Strickland, R. A., “ “ 84 Hammond, Joseph W., “ “ 84 Davis, Samuel W., “ “ 84 Judd, Isaac W., “ 84 Mandeville, Henry S., “ “ 84 Buckingham, David W., “ “ 84 Hendricks, William F., “ “ 84 Gorham, Hezekiali, “ “ 84-85 Gorham, Timothy, “ “ 85 Harris, John W., “ “ 85 Jewett, Pliny A., M. D., “ “ . • . . . . . 85-86 Painter, Henry W., “ 87 Opening Argument for the State, 88-96 Opening Argument for the Defense 97-141 Closing Argument for the State, . 141-159 Closing Argument for the Defense, 159-204 Charge to the Jury, • . 205-214 Verdict, rendition of, . ... 214 INDEX.