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1 2 3

r •»'•■■ S-

vg.iv.;

TOWNSEND:

HIS CAREER AND TRIAL AT CAYUCA.

Compiled from Beports of the Q1.0BB, Sfiotaiob, and Basiob.

William Townsbnd was bom at Black Rock, near Bufialo. His father was
a carpenter and joiner by trade, and while he lived in the exercise of his
craft at Port Dalhouaie, as well as after he had moved up to a wild farm at
(•anfield (near Cayuga), he always bore a moat respectable character. The
SOD only became notorious after ihe death of his father. He is said never
to have drunk spirituous liquor^ of any kind, to have been quiet and taciturn,
and as he grew to be a man, 'jven morose. He made a Uving by doing busi-
ness up and down the Welland Caual, sometimes on rafts, sometimes in tow-
ing schooners. He was perfectly well known t3 all the men concerned in the
working of the canal. Occasionally he would be away from home for a
week or so at a time, when, possibly, he committed crimes of various descrip-
tions, as Blowes, one of the gang concerned in shooting Mr. Nelles, stated that
he confessed to him that he had killed six men before he shot Nelles. How-
ever, this was the first deed of blood with which he was thought to have
bean connected. He shot Nell«« on the Talbot road, a few miles west from
Cayuga, on the 18th October, 1854, and immediately took to flight, as did
also the party with whom he was at that time confederated. He proceeded
in haste to Buffalo, whither he was traced and where the constables in pur-
suit arrived on the 19th. These constables were placed at the various outlets
to the city, some at each railway station, aud some at the wharves. The
following* is Chief Constable Campbell's own statement :

" Oa the morning after the murder, the news was brought into Cayaga about
eight o'clock, aud I, as high constable, prepared to follow the murderers without
delay. 1 found plenty of men ready aud willing to assist me in the pursuit. 1
selected five, aud we proceeded to the Cayuga Station, where we found they had
started for Buffalo by the four o'clocli A. M. train. Here Robt. Flanders joined our
company, and we went by the next train to Bulfalo. Oiir train was behind time aud
laid over at Ridgeway half an hour. When we got to Fort Erie we saw the Buffalo
and Niagara Falls train pass down on the American side, which it has since been
found contained the objects of our chase.

" We arrived in Buffalo about four o'oloclt P.M., and at once got the Police on
the alert ; and telegraphs were put in operation east aud west for the apprehension
of the murderers. The Canadiau constables were siugled otf with the Buffalo
police, and every outlet from the city was closely watched. We soon got traces of
the gang having been at the U. S. Uotel at three o'clock, and of course concluded
they muHt still be in the city ; and during that night places from the first Uotel to
the loweut groggery were searched. There were races three miles east of Buttblo'
at the time, and two of the constables were sent out there, but returned again in
less than two hours."

Townsend then went to the Falls, and thence to St Catharines, where he and
Lettioe stayed for a time^ while King and Blowes went on to Hamilton. The

Sunday following, information was given that Townsend and Lettice had
driven from St. Catharines to Pelham, in a buggy. Here it was that seven
or eight men surrounded him in a ten acre piece of bush, when he made off
at one side between two men, armed with guns, he having a pistol in each
hand, and threatening to shoot if they attacked him — an incident quite melo-
dramatic, if it were not real. The police from Cayuga and Canfieid imrae-
dietelf'Started for Pelham, and on the Sunday night stayed at Wellandport,
a few miles west of that place. The next day they learned that he had left
sans ceremonie, and had taken ship from St. Catharines^ to Oswego. In this
adventure he seems to have acted shrewdly, whereas he generally succeeded
in eluding the grasp of the law by straightforward daring. Constable
Flanders was j^pointed to follow him up, while the others retuiiied. Mr.
Flanders iuamed from the lock-tender, wlio knew Townsend perfectly, that
he had shipped for Oswego on board the Westchester, a sailing craft In
St. Cathai'iues, moreover, he had traded away the watch, stolen from Nelles,
for a fur coat and gauntlets, to a Mr. McSioy (who was killed at the Deajar-
diu'S accident at Hamilton). Mr. Flanders telegraphed to the Chief of
Police at Oswego, and rejoiced in spirit, thinking Townsend was this time
certainly in a tmp. Inquiring of seafaring men, he learned that the winds
had been from the East, and that by hard riding he might catch the steam-
boat at Niagara, and thus amve at Oswego before the Westchester, and thus
make a sure matter if possible more sure. This was done, but in the morn-
ing, when the Westchester came to Osw^o, no Townsend was on bou-d. —
Mr. Flanuers remained and saw every cask and bale unloaded^ much to the
annoyance of the captain. In the evening, however, when the captain, after
doing his business, was eating his oysters quietly, he ramembered. a man who
got on board his vessel at the looks, and whose features and clothes corres-
ponded to Townsend's, but who had, at Port Dalhousie, jumped on board
another vessel bound to Kingston. Thence he may have jumped on shore,
as he had accomplished the end of putting his pursuers on a false scent By
the evidence of his brother-in-law, at the trial, it appears that instead of pro-
ceeding to Kingston or elsewhere, he made good a retreat, during the night,
and was secreted in his brother-in-4aw's house some six or eight weeks, during
which time he was visited by at least one member of his family — his youngest
sister Frances . It has been frequently asserted that he was seen at this house
disguised in woman's clothes, and now this is rendered very probable.

Not long afterwards constable Yeoard, of Brantford, and constable Flanders,
of Canfidld, with the assistance of the Hamilton Police, caught Blowes at a
house of ill fame in Hamilton kept by a woman known as ** Limping Jenny ;"
King was taken near the same city, and Bryson about 70 miles north of
Toronto. The two former were hanged at Cayuga; the latter was sentenced
to death, and had his sentence commuted to imprisonment for li^ in the
Penitentiary.

Previously to this, however, Mr. Gainer, who lives near Port Robinson,
was robbed by Townsend . Mr. Gainer followed up the robber and caught
him at widow Jordan^s, of that place. He got a constable named Ritchie,
and shewed Townsend to him. Ritchie, wishing perhaps to have all the re-
ward offiwed (ot the capture, arrested Townsend at the door. Townsend

tice had
at seven
nade otf
in each
ite melo-
i imiue-
andpdrt,
had left
In this
iiccetded
yonstable
d. Mr.
cdy, that
aft In
n Nelles,
e Deqar-
Chief of
his time
.he winds
e steam-
and thus
ihe morn-
board. —
ch to the
»tain, after
man who
168 corres-
on board
L on shore,
icent By
ad of "pro-
the night,
)kB, during
s youngest
this house
)le.

9 FlandeiB,
Howes at a
ag Jenny;"
s north of
s sentenced
li^ in the

; Robinson,
and caught
led Ritchie,
J all the re-
Townsend

diteateoed several times to shoot hini, unless he let go his hold, and in
another moment or two actually carried out his threat, drawing a pistol from
his coat and shooting Ritchie in the forehead, killing him instantly. Towns-
end then went up the Canal, and traces of him were found up to the close of
the year. However, it is possible that the depredations committed at London,
Markham, Woodstock, <bc., may not have all been the work of one man, and
that man Townsend .

Nothing certain has been heard of Townsend from that time to the present,
except on one occasion. In August, 1855, the sheriff and deputy sheriff of
llock Inland (Illinois), sent word to Mr. Flanders that they had discovered a
main answering to the description of Townsend. They came to Cayuga to
(itid a man who could swear to his identity, and for this reason they had not
caused the arrest of the suspected man ; the laws of the States, it seems,
being such that, unless a man's identity is sworn to, he can be released on a
hab^ corpus, which would give an opportunity of escape. Mr. FJandei-s
learned that the suspected man was an actor in the " side shovrs" of Stone
and Van Amburg's, and immediately started for the West. He went to
Keokuk, driving tor hundreds of miles in a post chaise, and being considera-
bly "iJiead*^ of the sheriife. From Keokuk Mr. Flanders went to Alexandria,
per steamer, and found by the descriptions given that the man was actualli/
Townsend. But the sheriff of Rock Island mentioned the matter, in conii-
dence, ^ the proprietor of the show ; the proprietor had informed the ring-
iotiaster, likewise in confidence Thus the whole troop became acquainted
with these suspicions, and one of them told the man, in confidence too, that
if he were Townsend, charged with murder in Canada, he had better
" clear." He did clear, accordingly, and before constable Flanders arrived in
the place. Mr. Flanders went m search of him to the Upper Mississippi,
but in vain. Subsequently, a policeman from New York, thinking he had
found a clue to Towcsend's whereabouts, came to get an accurate description
of him. It was supposed he had gone to California by the overland route,
and thither the New Yorker followed him.

The prisoner, who calls himself Mcllenry, asserts that he was born at or
near Olasgow, Scotland, and thence to the time he went to Nicaragua with
Walker, is a hiatus which he does not appear willing to supply. He was
arrested in Cleveland, by Mr. lies, formerly of Canada, and the United States
OommiietoDer having decided that the identity of the man arrested was suffi-
dentiy eetabliahed, m was deUvered over to the Canadian Authorities. He
has uow been in gaol at Cayuga nearly six months.

The Wa.den of the Frovinoial Penitentiary, Mr. Macdonald, went to Cayu-
ga, takinff with him Bryson, one of Townsend s confederates in the
murder ot Mr. Nelles, and Brown, another jail bird, to identify the prisoner.

On the second day of the trial, the prisoner's beard was shaved off by
brdet of the Crown prosecutor. He at first said it should only be done by
force, but evepttially submitted his chin to the razor with a good grace. The
ftilon Brown, whp is by trade a barber, performing the operation. Brown
has positively stated tfacl the man is Townsend. It was believed that this?
shavinff might make a difierence in the opinion of some who at first atlirmed
the prooneir was not the man. Bryson was introduced into the prisoner's cell

on Wednesday morning, when he immediately said, in answer to a question
from the prisoner, that he was Townsend, whereupon the prisoner hroke out
in a violent passion, and indulged in terrible oaths, demanding that Bryson
should be removed. In the adjoining cell was the convict Brown, who over-
heard him, and at once said it was Townsend's voice. Bryson, in return,
proceeded to accuse the prisoner of being the cause of his (Bryson's) being
where he was.

The prisoner is a man of about 5 feet ? inches, in heieht. His complex-
ion is difficult to describe — his cheeks are pale and thin ; nis face is elongated,
but not care-^orn. He has a very large eye of a peculiar light blue. His
hair is dark brown. His forehead is large, heavy, and rather high than the
reverse. His eyebrows are of a lighter tint than his hair, well arched, and
do not meet. His nose is large, thick at the tip, and rather bent from the
bridge downward. His mouth is not in any way singular.. He has a scar
above his left eyebrow, about half an inch long, and inclining towards the
temple. Also one on his under lip, the same size as the other. His chin
is long and prominent. His cheek bones are rather high. From the left
cheek bone, downwards, „ large broad 9car extends, nearly three inches long.
He appears to be about 30 years of age. The artist has done him justice.

Thcrs5at, Septemper 24, 1867.
Several of the Jurors were challenged by the counsel for the defence*
Messrs. Freeman and Start, of Hamilton. Some were objected to on account
of expressions they had let fall, out of court; others because it was not
thought right that too many of the jury should be from one locality. The
prisoner was perfectly self-possessed throughout, looking at the jurors quite
carelessly . The Crown did not challenge a single juror.

THE JURY.

James Lindsay, Nanticoke. Samuel Hodges, Ganboro'.

William Hare, Raiuham. ^ James GilleBpie, Oneida.

Alexander Lamond, Seneca. ' Peter Drake, Dannville.

Harlo H. Jobnsoa, Dunuville. Thoraaa Woodi^ide, Duunville.

William Ross, Seneca. William Hopkins. Cayuga.

William Dukesberry, Oneida. L. H. Michenor, Moltoa.

The indictment was then read to the Jury . It charged that Wm. Town-
send, of malice aforethought, shot John Hamilton Nelles, of Cayuga township,
on the 18th October, 1854, with a pistol, making three wounds, of which
the said John Hamilton Nelles died a few hours afterwards. It is the same
indictment under which King and Blowes were convicted.

THE SOLICITOR GENERAL'S ADDRESS.
The Solicitor General then opened the case to the Jury in a lucid speech,
settiug forth the circumstances under which the prisoner was connected with
some others in the murder of Mr. Nelles, on the 18lh of October, 1854. He
was desirous that the Jury should dismiss from their minds all idle gossip ,and
titles which might have come to their ears, and confine themselves to the
facts and evidence which it would be his duty to lay before them, |»g^her
with the evi ince that would be laid before them for the defence; vul Having

carefully weighed the whole, to bring in a verdict in accordance with their
oath, and the solemn duty which they had to discharge to their country. He
then described the manner in which four of the parties, who were proved to
have been connected with this murder, had been disposed of. Blowes and
King were executed — Bryson was admitted Queen's evidence, and was sent
to the Penitentiary — and a fourth, Lettice, was shot by a constable on Squaw
Island, having attempted to escape. Five men were known to have been
engaged in the murder of Mr. Nelles, and having disposed of four of these
murderers, he now came to the fifth, and from thff facts he should be able to
lay before them, he was firmly of opinion that the prisoner at the bar was the
fifth party ; and, said he, having laid these facte before you, it will be for you
to say if the prisoner at the bar is guilty or not. I have never been here be-
fore, but the "'••eumstances of the robbery and murder are before me from
the papers, ana also the numerous other robberies which about that time
took place in this neighbourhood and the adjoining counties. Farmers have
been met on the road and robbed, houses have been broken into, and with
most or all of these robberies there is little doubt that the prisoner, William
Townsend, wiaa connected. The murder for which he is now indicted took
place on the 18th October, 1854, when he, with four othera — Blowes, King,
Bryson, and a fifth, who was shot by the constable, are proved to have been
in the neighbourhood, and went to the house of Mr. Nelles, forced their way
in, and the prisoner, William Townsend, having got the better of him, entered
the house, fired a pistol, and shot him, inflicting a wound of which he shortly
afterwards died Before coming here I had learned what kind of a defence
it was intended to be — that the pisoner is not the man. His defence is in
the hands of able counsel, and if it can be shown that he is not the man, I
would rejoice that he should by your verdict be set at liberty. At the same
time I must remark that it is nothing unusual for such kind of defenno to be
set up, and for men placed in such a position to try to prove that they were
some one else than the party charged, and that they were in some other
place at the time of the occurrenca, and also, by taking a feigned name. The
prisoner at the bar was arrested in the United States, and after a long and
very careful consideration before tke United States Commissioner, was deli-
vered over to Canadian authorities under the Ashburton Treaty, the Coramis-
fioners upon the evidence considering that it was their duty to hand over the
prisone.' to justice. It will be shown by the evidence that the prisoner is
only seen in Canada for a few day*^ after the murder, and then all trace of
him is lost for some time. Nor has he attempted to supply the Matm.
When he left ^6 ^^ mitch younger, and is very much changed since he
was last seen here, so that parties knowing him previously may have consi-
derable difficulty in recognising him now. In proof of the difficulty, I will
state a case coming under my own observation. A man was charged with
a rape upon a young girl 13 years of age. She was a very intelligent chi' ",
hut from the time the offence took place to that of the trial the party was so
much changed in appearance, by having allowed his whiskers to grow, the
child, when giving her evidence, stated that he was not the man ; but, fortu-
nately fo4the ends of justice, there were parties who, hearing the agonized
cries of the child and coming up at the time, were able to identify him, and

he suflfered the penalty of his crime. I adduce this case before you to show
that it is possible, in the lapse of even a very short time, to so change in
one's appeaiance, that there would be great difficulty in being recognized. 1
shall show to yo\, a chain of circumstances to prove that the prisoner
Townsend was with those others of the gang at the residence of Mr. Nelles
on the day of the murder; that Townsend, having knocked at the door,
obtained audience with Mr. Nellea, who, suspecting them, closed the door;
that he removed the bar from the door, ana let three of his conapanions in ;
that he then deliberately shot Mr. John Hamilton Nelles with a pistol;
after which he took the watch from the dying man, and subsequently robbed
the house. Nothing more is heard of him until Bryson, Blowes and King
are arrested, and then, on the evidence of the former, the facts were made
known, and a train was set for the accomplishment of the ends of justice.
When Mr. Nelles lay dying, it will be proved that the prisoner made use of
this expression, "You scoundrel, you slammed the door in my face, and I
will teach you better." I shall be able, gentlonen, to prove to you that the
prisoner, William Townsend, is the man that tnade use c^ that expression. —
One other circumstance I wish to allude to, which has come under my obser-
vation since I arrived here, and which is of a very painful natijre. I allude
to numerous bets which have been made by parties holding a high position
in this county, upon the issue of this trial, and, I am sorry to observe, some
of those bets made' by officers of the Government. I can only express mv
surprise, indigiiition and disgust, that parties could be found so lost to all
decency, as to stake their money in (connection with a transaction that will pro-
bably cost the privsoner his life. In reference to the change of name in such
case, I have to state, sin o coming to these assizes I have had placed in my
hand a document proving that three quite young boys, who had oeen charged
with a larceny, had .c?iven fictitious name** before the Magistrates, which is
fully proved by their conviction at the Assizes upon another similar offence
in their own names, and upon their own plea of guilty. This may tend t^
show you how very unsafo it is to tnist to a change of name, or the name
which a prisoner may choose to give himself. ,

The present inquiry is ,i moat important one, so much so that the Govern-
ment have thouorht fit to request me to attend to conduct the case, although
T am not in the ^abit of gomg the circuit. Having shown to you how the
other four membera of the gang are disposed of, I hnvf to direct attention to
the facts as connected with the fifth member of the gang — the prisoner at
the bar. Ttshall hav(, to prove to you that the prisoner was travelling on tlw
Columbia Railroad, and was oh^er^'ed by the oonduptor, when collecting the
tickets at Cleveland, to be asleep, or to be feigning sleep, and observing a re-
volver in the prisoner's pocket, he did not then disturb him, but, obtaining
a8si^tance, called upon iiim for his fare, when he said that he had no money,
but offered his revolver in pledge. The Conductor proceeded with hiin to a
tavern, kept by a Mr. lies, formerly resideilt in Crnada, who advanced the
money upon condition that the prisoner should redeem it lies was acquainted
with the prisoner as Townsend, and, having heard of the murder, took mea-
sures to have the prisoner arretted, which, as I have stated, resultai} in hie
being given up to justice, which I trust will be niMsared out to him-^

Another difference you will observe in the prisoner since he first appeared in
the box on Tuesday ; his whiskers have been shaved oflj reducing his face to
that state in which he was accustomed to be seen by the parties who will
have to ppeak to his identity, and that on shaving off the whiskers a Icrge
scar on the prisoner's cheek has been discovered, which goes to establish his
identity. In addition to this, the prisoner bears other scfirs— one of them on
>J8 foot — which are additional jjioofs to his identity. I shall further prove
that at the time of his committing the murder he was disguised with a por-
tion of a buffalo robe, to imitate whiskers and moustaches. I shall further
prove to you that he said he never was in Canada ; and I shall also lay before
you most incontrovertible evidence that he has long been a resident of
Canada, and of this or adjoining counties. He was identified in Cleveland
and Toronto, and by many most respectable parties since his arrival here. —
In Toronto he asked of a witness, who at once identified him, if Townsend
had ever told him of him and his cousin stealing a bo^.t. The witness re-
plied that he did tell him of it, and that they had sold it in Cayuga. No,
said the prisoner, it was sold in Dunnville. The prisoner, as I have stated,
says he never was in Canada, and yet when informed that Blowes and King
had been executed for the murder of Mr. Nelles,he expressed the greatest
horror, not only in his speech, but in his countenance. I must also direct
your attention to a very important fact, that up to the first day of the Court,
the prisoner could have entered his plea that he was rot Townsend, and set-
ting forth who he was, but that, in opposition to the earnest advice and offers
of counsel and assistance, he had refused to do, and h/id pleaded to the indict-
ment — the name of Wm. Townsend. Had he ta!<en the first and natural
course, then he could have proceeded to show^who and what he M'as. His
defence will be, I presume, that he is not the person charged in the indict-
ment; but what man of common sense would remain in gaol for six months
without showing who or what he is, and what have been his antecedents ;
and, gentlemen, I mutt say that there is a total absence of any evidence, ex-
cepting that the prisoner is the veritable William Townsend, the leader of the
gang of robbers and murdercr-t, who so loner infested and spread horror in
this and the adjoining cotintioa. I would further remark, tliat the wit-
nessps for the Crown are so numerous, that it would be almost impossible,
at least, tedious, in me to take up your time and the tame of the Court in
laying that evidence, or even a brief sketch of it before you, and am in part
constrained to defer doing so, as some of the witnesses have only arrived to-
day, and I have not been able to c^ more fully into their evidence as con-
nected with tihe prisoner. One circumstance I must not omit, that among
these witneMeas I have the gaoler of the County of Oxford, who will
prov« that a person had been arrested by him for a crime oommitt<«d
there, and when he came to court to-day he said at once the prisone-
was the roan he had so arrested, so that although the prisoner has stated
that he never was in this country, I thail be able to prove to you that
he hai been long a resident^ mixed up with crime, and can be clearly
identified. I shall not further occupy your time with the nature of the
evidence, but shall proceed at once to call that evidence before yon.

THE TESTIMONY FOR THE CROWN.

Loot Hchphrets sworn, said : I live in Caledonia, I knew the late Mr. Nellett,
who was my brother-in-law. I recollect the night of the 18th October, 1864; I was
in the house that night, and had gone to bed. I left John H. Nelles up. Mrs. N. bad
gone to bed. He was sitting at the gate. I heard a rap at the door, no one ppoke.
I don't know who came in. but I know some one did. I heard no scuffle, nor noise,
until |I heard a pistol fired. This I heard immediately after I heard the door open.
I then got out of bed, went to the door and saw three men, whom I did not know.
Three were in the house, and one was outside. Mr. Nelles was then laying on the
floor, he did not speak and I did not then perceive be was wounded. 1 (ook an infant
child in my arms from Mrs. N.'s hand and walked the floor. I saw him walk the
room after he was shot and fall near the back door. I saw a white hat on one of the
men inside, who appeared larger than the rest. I heard one man say — " you are
the scoundrel who shut the door in my face." The man then went where a brother
of Mr. N. was. I did not perceive the room was full of smoke. The men stepped
across the body of Mr. Nelles, and went to the bed side. One man had black whis-
kers and moustaches ; he appeared the principal man. I could not say whether the
whiskers, Ac., were natural or put on. f should not recognize the man. They said
they wanted money, and said " tell me where the money is." I said I knew nothing
about it. Mrs. Nelles pointed where the money was. They went into the room
where the money was. A gold watch was taken, she produced at the last trial. The
men also opened a trunk. Young Mr. Nelles went for Dr. Weitcher, who liv^d a
short distance oft. Mr. Nelles complained of his bacl:, and only lived until about
12. I can't say which of the men said " you scoundrel, Ac." I understood that the
man who said this was the one who shot Nelles.

AucCdTUs Nellss deposed. — I am a brother of Mr. Nelles, and was sleeping at his
house when the men came, whom I had never sec n b«'fore. I could not positivelv
recognize any of them. I did not hear the discharge uf the pistol. My mother's
calling woke me. 1 saw my brother lying near the back door. I noticed he was
fast sinking ; he died that night. I did not notice any man, much taller than the
other. One appeared of a middling size, who had black moustacbios. All had black
hats save one who had a white one. The man with the black moustachios said " you
scoundrel, you slammed the door at me." They asked me where the money wtts.
My brother lived atraut three hours after.

Dr. WErroiTER said he had found Nellen lying on the floor, with three wounds in
the left side. He could not speak, but with difficulty he said he did not know any
of the men who had broken in. He died from the wounds then received.

Wm. Brtson, (the convict) was then sworn, and said : — I come from the Ponitcn-
tlaTT.

The SouOTfOR General. — Who is that man ?

Brtson. — Wm. Townsend. (Sensation.)

Brtson continued, I became acquainted with Townsend in May or Jane, 1854 ; I
was then living at T. Lawlor's, Hughson street, Hamilton; the prisoner was then fol-
lowing the profession of pickpocket and highwayman. I was introduced to Town-
send by a young man named Montgomery. I was coniu-oted with a gang of six who
left Hamilton, consisting of Woevor, Lettioe, King, Blowes and Townsend. Weever
went away the day l^fore Mr. Nelles wvs shot. 1 Haw tlie priitoner before be
was shaved. It has made a diflorence. I have not the stightest doubt that I am
spuaking to the man who charged and dischargt'd the pistol which shot Nelles. I
recollect on the day of the murder that I tried to get away (Vom the gang at Gra-
ham's hotel. I understood that the party were going to rob Nelles. The prisoner,
the leader of the party, planned the robbery at Hamilton. The prisoner had two
bowie-knives, besides the pistol. The prisoner supplied all tho money we wanted. —
Townsend followed me when I tried to leave the gang. Lettice then came sfter. I
don't know what my object was in going away. I was not afraid. Wo then went
towards Nelles' houso. We met three persons, Townsend stopped the Hrst team and
robbed the farmer, cutting the ruin.i. Ho did likewise with two other wheat teams.
He pocketed the money he got himself We then robbed another man, whose name,
I think, ii Haibtnd. Then we went to Mr. Nelles's, by which time it waa dark.—

After we left Grabam's the prisoner put on a false moustache and whisker, made of
Buffalo hair. He put them on before robbing Mr. Nelles. We had our collars turned
up then. The prisoner was the leader of the party. He went to the door, Mr. Nelles
came to open It. Townsend wore a white French cap. After the door had been
opened, Townsend went in. Then the door was shut. I heard a scuffle between the
parties. Townsend then said three times " open the door or you're a dead man." I
had one of the dirlis, Blowes had the other. We went to rob, not murder. After
we had gore into the bouse, Blowes and I went in, along with Townsend. The
other stood outside. The prisoner took the watch off a nail, and put it in his pocket.
We then went to Mr. Nelson's tavern, Cayuga. We hired horses and went to
Cayuga station. Gibson drove us there. No one could easily recognize Townsend
when be had whiskers on. The prisoner is a good hand at imitating voices. He
imitates a negro well. He is a good hand at making handsprings and performing
feats of agility. I have heard him say he had been sailing, near Dunnville. I wore
earings a short time before, having holes in my ears. These holes have completely
healed up. Townsend wore earingp. I do not now notice any remarkable thing
about his ears. He wore eariugs when he shot Nelles, but took them out and put
them in his pocket when at Buffalo, at the United States Hotel. I was with him.—
When he came back to Canada I went to Hamilton. I know Ellen Windmill. I know
a person by the name of Hatch, who went by the name then of Mercy Ann Arno. —

They would know him because he brought them from the house of . Peter

Brown would also know him. He knew him fVom a boy. He had lived in Toronto.
Townsend always kept his lips close. Townsend never wore suspenders, but kept
his pants up by a belt round his hips. He toid me he had shot five men once, in one
house, he also said " dead men never tell any tales." He never said whom he bed
shot. I never have seen a man so like the prisoner, that it would be possible to make
a mistake.

Gaosa-ExAMiNED bt Mr. Freeman.— I can't say how long I resided in Hamilton
before I became acquainted with Townsend. I was raised in Niagara. My parents
lived there. I was in Hamilton a short time with Mr. Pronguey, then I went to
Stoney Creek for 7 montbs, then on the Ist May I went to Mr. Lawlor's, Hamilton.
Mrs. Arno keeps a house of ill fame. I was brought thence by the prisonrr. I saw
the prisoner at St. Catharines, Beamsville, Buffalo, &c., between May and October.
I met him by chance. I left Hamilton to go with a girl to Buffalo. That is bow I
came to meet him there. In Hamilton he stopped at Gropp's Saloon. I'ownsend
is the son of a woman who lived at Cayuira Station. Her husband is his iitep father.
At Hamilton, Brown used to play cards and the prisoner used to pick people's
pockets. I was in Cropp's Srloon once when Brown was playing cards. I am not
sure he made his living by playing cards. Ho both madu and lost money when
playing. T boarded at the saloon for two or three weeks. Brown and Townsend
came to the saloon on Friday, and stayed till Monday, when they went away without

faying thei'' bill. I never wore a belt. It is not an uncommon thing to wear them,
left Townsend in Buffalo, after the murder. I never saw him afterwards in Canada.
I have never said I came to St. Catharines with him. I don't recollect whether the
prisoner wore ear rings all the time he was in Hamilton. I was put in the prisoner's
cell yesterday.

Mr. F.— Who told you to say ho charged and discharged the pistol ?

WiTNBBB — No one. I never heard any one use the expression. I confessed after
I was arretted. This was to save ray lile. I kuew this. I cuii't tell wnen 1 was
tint spoken toon the subject on which I ^rave evidence. It was in 18.57. The
Warden of the Pcnitentlr.ry told me Townsend was taken — or rather they had a man
who they thought was Townsend. The Deputy Warden suid the same thing. I was
spoken to about half a dozen times upon the subject. I believe I have behaved pro-

rerly for some time since being in the Penitentiary. I have always had a hope that
waa to be pardoned— that my Imprisonment for life would t)e shortened. This is
beoause I knon I did not commit the murder. The Governor can relen!>c me ttom
prison. This prosecution is carried on on b<fhalf of the public, that is, the County or
the Government. I would not like to see Townsend ur any man hanged. When I
returned f^om the cell in which the prisoner was, I expressed no doubt that he was
TowDNod. The first time I saw the prisoner I could not see him well— he paaaed

before mc at a side door. I then spoke to the Solicitor General. Hs aeked mo is
that Townsend ? I said I dfd not think it was. (This was said after some hesitation.)
When I went into his cell I aaid, " that is Townaend." When I first said the man
was not Townsend, the Solicitor General did not say anything ; I said nothing more
than that the man was not Townsend. I flrst saw prisoner the same day I came
here. In the evening, before dark, I again saw the Solicitor General, who came to
my cell. He did not say much. Before he could aay anything, I said " I was wait-
iilg to see hira, because I bad not had a fair chance to sec the prisoner." I.,could
only see the man's forehead. I said to the Solicitor General I had been reflecting
upon the matter, and that he ouglit to have his whiskers cut off. He said there was
a woman from Hamilton who knew him to be Townsend, and that various other
persons had recognized him.

Mr. FKEEHA.N— Did he express any opinion that the man was certainly Townsend ?

Witness— I won't answer.— [The Court — You must.]

WiT>'EPS — He did, sir. The day after, I was let into the prinoner's cell. I did not
say, I know you are Townsend, because you have holes in your ears I did not
oxpuct that if there were no holes they would have been closed up. Townsend had
wcvrn rings during the nine months I knew him. Some of the officers spc^e to me
when I entered the cell. I said to them the man was Townsend. I expected to see
Townsend when I came up. I wondered to see how he would look. Brown said he
would know him, n'-ver mind how he would look. Brown beard his voice the day he
WHS sliaved — he said " that's Townsend." Brown did not see Townsend until he
shiivcd Uira. I spoke to Brown about the prisoner while we were coming from the
Peiiitenliivry. I have always snid I should liiie to see Townsend caught, ijut did not
think I should be an evidence against him, uutil I was coming up. It has never oc-
curred to me that the government thought the others were led into crime by Town-
end. I was led to crime by him. Peo^e ought to think Townsend was the worst of
them. I think human jui^tice ought to be satisfied if the principal in the crime were
lumg. When Brown and I wore toraitig up, we did not talk about any transactions
wo had in company with Townsend. When I first saw Townsend here I was t(ild "the
])i'ii<niiur was coming." He was brought into the hall that I might see him. Ue was
brought to within a yard or two. There were two men standiug between the prisoner
mid me. I was standing :w)me three minutes. One of the officers said '• here he
comes." I looked at him as well as I could. He had the side of his face to me
wtj^n ^e walked up. At St Catharine's ouce I mot Towiisuud in the night. I saw
hill) oii'co by accideut at Stonuy Creek, after ho bad robbed a man at Hamilton, of a
silver watch. The occasion when he came to Nelles" was the only one when I saw
him disguised. He could not get on my boots then — he might now — I have grown
some- -I am 21.

To TUB .Solicitor Genkkau — I expect no reward for giving testimony. I expect
to Si" b,ick to the Penit^iutiarr. You have spoken to mc in the Penitentiary, but
rtlwiiys hctbre the officers. The officers hid me from the prisoner when ho was flrftt
shown to me. Thus the officers screened him from my sight. Wb^n I ne^tt w(;nt into
lii- cill, ill- said " Good day. Sir." J said " I am Brysou " He asked me "if I knew
him." I said " yes, you are Wm. Townsend." He then b<'gaij to curmi and swear,
iviid wanti <1 me to bi? taken away. Brown uould have heard his voice in his cell. 1
knew Vtrs. Hatch when I saw her. I did ncrt expect to see her. The holes in my ears
are thoroughly closed up. I think this is the man (brought forward) Huslwud, who
WHS robbed. These men (brought forward) hid me from the prisoner. They arc tall
mid I am short.

To tuh: (^ouRT. — My father is dead, he was a laborer, living opposite Mofbt's
tavern. iNiagara.

To Mk. Fukkmak. — Mr. Husband was at my trial. I think I have a rc«olleotiun
thiit h was the man Townsend robbijd.

Mkhi'V .V.vn Hatch. — I am a luarrii-d woman. I recollect when I was in Hamil-
ton. I saw Townsend several tim<'s. The prisoner wore earlngs. He wanted me to
buy ih'-in. There is no one iu Hamilton that I knew belter than Townsend. I found
a gr(>at chvinge in TowiuKud. The Townsend I knew kept company with BlowM
and King and be Is the man now iu the douk. Ho had the power of imitatiag dlffer-
«ut dialects. Was first acquainted with Townsend when ho was driving cab.

ine "if I knew

Cross-Examined bt Mr. Freemin.—I lived with n^iy mother at Hamilton. My

brother lived there to. He had r cab on the stand. He kept the family. I have

been before the Police Court at Hamilton, hut not when my mother lived there. I

became Acquainted, with Townneud firom his visiting my houHe. He was there {^out

three years ago. I saw Townsend and Bryson In Hamilton after the murder, and

spoke to Townsend. They said they had just mat. I saw Prjson afterwards, and

he said he was glad he had eat away from Townsend. I never saw them together

again, nor did I see Bryson afterwards. When I ^aw Bryson the second t!me it was

two or three nights i^fterwards, he then said ho was going to his father's. I heard of

""ellis's death. I heard of Brvson being arrested near his father's, back of Toronto.

knew Blowes and King , Blowes was arrested in my mother's house. Nellis had

en murdered before I saw Bryson and Townsend together. Mr. McLogan first

poke to me about giving evidence at this trial. I heam nothing of any reward be-

ides that which was offered to the Constables who took Townsend. I recognized

ownsend as soon as I saw him. I understood they Were going to show me the pri-

Isoner. If they would tell the truth, every one who knew him would recognize him

B Townsend. I know nothing of Townsend's family. I expected to see Townsend

hen I came here. I came here to be a witness. I expected to see Townsend in the

IX. When I first saw him I knew it was Townsend. He wore a moustache when

e was In Hamilton, but I do not know whether it was falstt or natural. I see no

bange in him since I saw him in Hamilton.

Ellrn WrNDMai. sworn.— The prisoner is the man they call Townsend. I saw him

in Hamilton two or three times. I knew Bryson, Blowes oud King. Since then I

ave been living at London. Since I came here I first saw the prisonor in the dock.

have no doubt in my mind that this is the man whom I saw in Hamilton.

Gro8b-Exa.mtned by Mr. Freeman. — I remember hearing of Mr. Nellcs being killed.

lowes was arrested at Mrs. Arnold's, where I lived. Nelles's murder was talked of

hen when I saw them, I do not know that they were atr the house afterwards-

ownsend stopped about half an hour each time at Mrs. Arnold's. I had conversa-

lon with him. Mr. Logan brought me here. He first spoke to me yesterday morn-

ng. I heard where Townsend was.

Peter Brown sworn. — I came from Kingston, from, the Penetentiary. I once lived

t Caynga Station. My sister lives here. The man in the dock is the man whom

hey call William Townsend. I used to see him frequently every day. He does not

rink. I have seen him treat other persons. I have In on in the Penetentiary for

ix months : was sentenced for three years. I am a burbtr by trade. Townsend was

00 young to shave. When I was hcr'> he had a moustiiiohe. I can tell his voice any

fhere. While in my cell I recognized the priNoner by his voice, tlie first evening I

ame here. He was cursing when I hoard him. I wont into his cell yesterday aftcr-

loon. He showed his features more plainly when shavid. L hud previouslv seen the

irimner at Cayuga and Hamilton. The prisoner has been present when I have been

ilaying cards. I should Identity tlie prisoner anywhere in the world by his coiuite-

lance and features : ha is paler and thinner now than then. Townsend was an ex-

ellent hand atmakini; handsprings and singing negro songs.

To Mr. Freeman.— t never heard the prisoner speak anything hut English. Some-
Imes he spoke a little " on the Scotch order." lie could not di.ceive me by speaking
,ny way. I should know him even it' he spoko with an Irish uccent. I could not re-
ognize him by his whispering or his breathing. (Laughter.) 1 have been tried
Itogethcr by a jury three or four dlflerent tinum: flrnt ut Ciuciunatti, then at llaniil-
on, then here, onc(^, too, at Brantford, and lastly in Toronto. I did not speak to any
me convict in the Penetentiary about Townsend. I was told, when I left, not to
alk coming ale .g. We did talk, Uiough, in the coach coming from Hamilton to this,
ryson and I did not talk about It in Toronto. Bryson spoke to the man in charge
f the coach coming h«re, showing in what part of the woods he and others itud
teen when they were going to rob people. Bryvun asked me yesterday what 1
bought about the prlsoucr. I said I would keep :ny counsel until I came into the
'ourt House. I did not wish anybody to know what I lhou;;ht before I came to trial,
kave not intimated to any one what I thought, except to the guards whocame with
e. I told them I meant to Keep my own couuhoI^ I told Dryt>on Iknew Townsend
)y bis Toice. Tbere woo a cell between Bryson'i and mine. Bryson shouted to me

'• Do yon Iiear that voice ?" ' 'I afterwarda told Bryaon I had seen the man, and he
was Tcvrnsend. I also told the Solioitor-GeDeral so. I used to live about Cayuga
Station. I used to know Townsend well. He used to be much like one of bis sisters.
He favored them both. They were alike in features, hair, &c. I was at Fiddler's
Green once iu company with Townsend, at a horse race. I see no other change io
Townsend than his being paler and thinner. Townsend is only 25 or 26. I don't
think the prisoner is older than that. I never heard Townsend read ; understood he
had pretty good learning. He used to converse but little. He had travelled along
with an exhibition dancing nigger dances. I knew htm when he was about 19. He
used to be often from home ; once he was away between two and three months.—
I heard he was at St. Catharines among his friends. I don't know that he ever was
on vessels, but I have heard it said he had been sailing on Lake Ontario.

Fridat, September 25.

The usual rush was made on the opening of the Court doors, and every available
space was at once occupied.

After the jury were sworn, hia Lordship said that he wished to refer to a matter
that had c-me under his observatioa, by communications from two magistrates, who
had placed in his hands a statement that very large bets had been made upon the
issue of the present case, and that there was reason to fear that some of the jury
were mixed up with so disgraceful a proceeding. If such were the facts, he would
inform them that such conduct was highly reprehensible, and would disqualify them
from acting as jurymen. If such was the case, it was essential that they should at
once leave the box. With one exception, the whole of the 2ianel declared that they
had not made any bets.

A juryman then rose and said that there was one of their number who had asserted
in his presence that he would take a bet that the prisoner was not Townsend. The
juryman referred to said that he h<\d made use of the" expression, but he had not
made any bet. If, however, it was objected to, he would rather not sit on the case
His Lordship observed that the offer was a very improper one, and no juryman
should form, much less express, an opinion untfl the whole of the evidence had been
adduced.

The subject then dropped and the case proceeded.

The first witnew) called by the Solicitor General was —

Thos. Brunt.— Witness has lived in this country 30 years ; knows Bryson. (Bry-
son was brought info Court.) Saw him here at the last examination and also recog-
nized prisoner as William Townsend ; these two men, with three others, called at
the house of witness who was then living near to the rusideuce of the late Mr. Nelles,
the night before the murder of that gentlemant they got breakfast and then went
westward; the men took their breakfast by themselves, although witness had pro-
vided for them at the public table, but they said that they wished to bo alone ; they
took some cards out, and commenced playing; I cannot so distinctly swear to
Townsend, but Blowes and Bryson were two of the men.

Burton Waft — Lives in Gainsborough, twenty-six miles from this ; the prisoner]
very much resembles William Townsend, or the man who was then represented to
me as Townsend. Four years ago last winter, witness met him at Ur. Diffln's, in
Pelham, near the Short Hills ; be had a mark upou his foot, which he showed to
witness at the house of DiflSn ; the reason of his doing so, witness had a scar on his
knee, which he showed to Townsend, who th'^n said he had one on his foot : that
soar was on his right foot ; witness saw that scar when he went over to Cleveland ;
is positive prisoner is the same man ; the scar was right along from the toe to the
ball of the foot, (describing it.)

Tub Solicitor Gknkral to the Court— It is desirable that your Lordship should
order the prisoner to retire, in order that the examination may be made.

Mr. Frekman —Let it be in open Court.

HU Lordnhip dirticted the Sheriff to bring the prisoner round before the witness
and jury box.

Prisoner to Mb. Freeman — I wish the witness to give a more particular desorip-
tion of the scar.

WiTVBss continued— The usar commenced fl-om the joint of the Iftrge toe, up to
th« bait of Uio foot.

Prisoner having been brought round to the jury-box, bared his right foot, and dis-
Iclosed the scar as described. Its appearance was quite clear, and had a reddish ap-
Ipearance at its termination on the instep of the foot.

I I'octor Baxter was called to examine the foot, and declared the scar to have been
Iprodaced from a cut.

I Examination resumed. — Recofrnized prisoner soon as seeing him at Cleveland,
|and at once spolce of the scar, and it was then examined in presence of prisoner, but
the scar did not appear so large as when witnesi? first saw it.

To Mr. Freeman. —Witness knew prisoner about four years ago at DiflSn's, at the
cooper business ; tbinlis Townsend had large toe joints, so much so as to be seen
tlirough his boots ; before witness went to Caledonia did not know that the man
there bad a scar on his foot ; no one there said he had such mark ; witness first
ptated there that such mark existed ; Townsend did not point out the mark himself;
b doctor examined his foot; it is not by that mark alone that witness recognized pri-
soner as William Townsend ; firmly believes prisoner is the man from his general
appearance.

Jos. BR00K8.-^Lives in the townchip of Pelham ; has lived in this part of the
bountry 11 years and is 59 years of age ; the prisoner used to go by the name of
Villiam Townsend ; knew him in the township of Seneca, where he was working for
ireorge Robinson, harvesting, raking and binding ; he practised slcight-of-hand and
her feats ; knew him first at the Cayuga station, at his step father's.
'By direction from the Judge, witness then described the scar on his brow to the
as above the eye-brow, and proceeding to the prisoner pointed out a similar
nark on his brow, amidst silence and deep sensation in the Court.
Mr. Freeman put thia witness to a sharp cross-examination as to his having
|)racti8ed the finding of water by looking through a stone.

SoLiorroR General Smith wished to know if the finding of the water had any-
thing to do with his cross-examination in reference to the finding out of the murder.
His Lo«08hip — I cannot perceive its bearing.

James Cornwall. — Has seen prisoner at DitSn's, at Pelham ; and seen him there
Repeatedly ; the last time I saw him was the night after Mr. Nelles was murdered ;
there was another man in a buggy with him, and I was told that a man west had
peen shot ; heard after that Townsend was the man that had murdered Nelles.
frisoner is that man Townsend.

To Mr. Freeman. — Have seen the prisoner ; saw him at Diifln's ; saw him again
^t Bradley's store ; there was a sbootiug-matcb, and he wanted to bet on it : witness
I working with Martin Knowlos at farm work; saw him next at Cleveland, and
rore to the best of his knowledge that he was Townsend ; the hands of prisoner
jrere of a deep brown, bis eyes a dark blue ; saw a mark over his left eye ; did not
|bserve if he bad one on his cheek ; the mark turned up from his eye brow.
To Solioitor-Genbral Smith. — I noticed that mark at Diffln's ; he might have had
mark on his jaw, bat his handkerchief was over it.— -[Witness then pointed out the
jiark as described on the brow of the prisoner. The Solicitor-General then placed
ritness a short distance from prisoner, and he then said he could not discover this
^ark.]
Charles Brooks — Lives at York, on the Grand River ; has lived in this part of
lie country 14 years; knows prisoner's name is William Townsend ; first saw him at
lanboro', ten years ago ; he was then 15 or 16 years of age ; was then living with
ps mother, and thence he went on the lake sailing, and came back iu the winter, and
I on the lake again the next year ; came back and commencud a perambulating
10 ; witness had lived at Dunville ; went then to learn the coopn-iuff business ; he
I for some time at St. Catherines, and witness saw him at Difflu'.'^ at different times,
[id frequently at the Canfiold »tatiou ; he wont about with shown performing various
latt ; he had a mark over his left eye. [The prisoner was here directed to turn his
t eye round, when witness said he could not nee the mark ; on ^eing directed to
up to him, ne at once put his finger on the scar, but said it was not so large as
icn he first saw it.] Have frequently conversed with prisoner ; was up^n such in-
nate terms as to shage hands with him ; when I last saw him he could imitate sev-
Ul voices ; witness is an American ; has not seen prisoner ftom the death of Mr.
lelleB to the pieieat time.

To Mr. FBBEMAV-^Have a dia^nct recollection '^ 1V)wii8end, and drinly bdiievcs
the prisoner to be him ; he anawera my recoUectlua of Townaend. ezceptiitg that bis I
hair is a little more ourly, and he is a iUtlo thinner and paler ; the raacl^ on hid face I
may have been there without my iwelug it ; it is possible the prisoner may be another I
man, but Biich is not my opinion. I

To THK Solivitoh-Gknkbal.— He might have got that scar on hia face after I saw I
him. I

Jambb McIndob— Lived in Dunnville 12 years j knows the prisoneir ; it is WiUiani|
Townaend ; fir;it time I Haw him was 10 yet^rn ago ; be was on board the Mohawk ;
he was then 16 or 17 ; have known him working at the building of the present Town I
Fall ; since then have frequently seen him passing to his Ariends at Canboro' ; it 'w\
three or four year-s since I last saw him ; there was a scar on his left cheek; it was a
burn ; I cauuot see it here ; (passes to prisoner and points to the scar) ; I have seen
him at least fifty or sixty times as he wafi passing ; the general apftearance of prison-
er corresponds with my recollection of Townsend ; witness is a merchant , Towus-
end boarded at Cameron's ; witness passed there when he was working la going U
meals.

To Mb. Fbgeman. — I was at ClevelaQd on business when Townsend waa in custod;
there ; gave evidence thvre ; I may have had some conversation with hia step-father)
as to the murder ; he is a highly respectable man ; if he says I did, it is ao, but '
don't recollect it.

Davib Yocnq — Lives in Caledonia ; has done so some years past ; has a farm and]
keeps a taveru ; knows prisoner as Townsend ; saw him frequently ia Caledoaiu,
three years ago last spring ; he was a player and had a show ; be did not atop long,
but went west ; bad a violin player, and on his return he said he died in ChaUiam;
several other persons with Townsend got up a tavern in Caledonia; did not tbciil
notice any mark on prisoner's face ; have seen him also at Bryant's tavern or late ;
talked with him ; novur saw him drunk ; he left apd afterwarda came ba^ to Abeij
Young ; often saw him in McDonald's vhoe store ; the last time I saw bin^ in Gale
dqnia was a few days before Mr. Nelles's murder ; the next time I saw him waa ii
the cells ; Abel Young wa.-« with me, and said he was the man.

To M , Fbkbman.— When I saw him in the cells, he was changed more than I hi
expected ; Abel Young remarked he had altered very much, if he waa Townaend
said that he was Townsend, and I think so now.

' Lav( Lattimrb. — Lives in C^edooia j knew prisoner aa Townaend three ye«rs la«i
sprinp; ; he with several others had a kind of a concert Uiere at different places ; hr
had lived at Hess's tavern ; I particularly noticed him placing the tamboiuiae
the character of a nigger; was at my house at times fixiag his tambourine along wi
John Hess ; I saw a soar on th^ left side of his face ; have seen it also since he hi
buun her« ; would have recognized him without seeine the scar ; saw him in tl
siiriug, but not afier the mueden^of Nelles until I saw nim here and at oooe kue
liiia.

To Mh. Staiix. — Ik) not think it wo^uld be difScult to see a scar on bla cheek ; cao'
not say that I noticed it when I first saw him here.

Ak;m LATTiMioK. — la wife of last witnesa ; the prisoner is William Townaand ; bi
was showing, darky featj at Hess's tavern ; l^ave seen him playing the tambourine
he. had a scar on the left side of his faoe ; saw it first time he came there and oftui
noticed it ; once asked him how it came tnere ; he did not say ; (looking at pcisonei
closely) perceive the scar looks quite natural ; I do not quite recollect u ho told un
how he ^ot the scar ; usud to call himself Townseud, at^d every body eUe I heaix
called him so; he came from Canboro'; do not perceive much change in bim, excep
that he is paler and uot quite so fleshy.

Janjb PtNKKBTON.— Lives 13 miles above Caledonia ; while there saw aome pei
formance; saw elevei^ of these performances; saw William Townsend there; could no ,.
say surely thut the prisoner is the man ; he appeared rather darker; did not leu } ^^'
prisoner my dress ; did not peroblve any mark on Townsend's face. ownsi

Geobok Forhkh.— I am Gaoler at Woodstock. During the Asaisies of 18A4 tb
Sheriff caqie into Court with a telegraphic despatch. It ran, — Another murder ha
been committed, supposed by Tov^nsenu. The murderer is known to be in the trail
bound west. Arrest iiiiu. it then went on to describe biin. I got four men to as

aid, w
Thos
K'n ca
ue. I

drxnly bdievwl
ceptiog tbat bis I
aaxk on his face I
' ni«y be aQotb«r

I face after I saw

r ; it is Will«aiii|

Jie preseat Town!
Canboro' ; it i»l
tcheelc; it WAsal
ar) ; 1 liave Been!
•arance of prlAOiil
erchaat , Towu»-|
:iag io going to|

id waa in cuatodjl
ith liis Btep-fatberl
, it ii 80, but I|

: ; has a farm andl
ly in Galedoolal
^d not stop longi
died in Chatham I
lia ; did not thcnl
t'8 tavern of late f
:arae back to Abel
[ saw him in Calel
I saw him was iul

1 more than I ha
was Townsend ;

nd three yeans la»j
iffiarent places ; bi
he tambooiioe iij
i)ourine along wit?
t also since he ha
t ; saw him io th
and at oooe kuev

on his cheek ; caoj

[am Towos^d ; w
gthe tambourint!
me there and oftt"
(loking at piciaoiiet
oiloct ffhe tolduif
body eUe I heai-t
uge in him. exce]

jerc saw some petj
nd there; could nr

rker ; did not ' '

je.

AasiMS of 1854 thi

jtother mai'der bt

u to be in the trai

got foar men to »

sist mc. We arranged to enter the cars one at the forward end of each. I went into
tbe forward car. About the middle of the forward car, I saw a man at whom I Rook-
ed intently. He paid to me, " oh ! I know wl^at you are at. You take me to; be
Townsend." I said " yes I do." " Oh, Raid he, I do favor the description very much;
I have been taken for him once before to-day, but I'm not be. I am going w«;Bt, and
come from the ea^t of RochcHter." He was so well dressed and had such a smile on
liifl face tbat I did not arrcHt him. I went to take counsel with the other constaU^s,
and when I went into the car again he was gone. That is the man (pointing.) We
saw him again, afterwards, on the platform, and concluded we would detain him< He
said it was very hard, for he wanted to go west. We said it would only i^* ior a
short time, tor people were coming on the next train who could identify him._ ^e
then stood still while the train was moving away, but, as it bad attained a g«Ki(l T^<'
of speed, he dartipd away like a deer and Jumped on the last platform of th,e la^|<f^r,
leaving us behind. Tliis was a day or so after tbe murder of Kitchie.

To Mr. Freeman,— The despatch was headed $1000 reward. There was also a
description. It said he had dark brown hair, and quick perceptive eyes.

IlcGH M'Kay.— I saw that man at Woodstock on tbe occasion referred tp. la, tbe
conversation witb tbe man be said, is it about that Nelles afl'air ? Tbe desputcb ^atd
there was an anchor on bis wrist. I looked but could not find the anchor.

To Mb. Fkgeuan. — When we consulted and conversed, some men said tbe man was
not Townsend. We thought tbe despatch bad been sent to all stations ou tbe line,
that is why we did not telegraph further on. '

Gkokqe Buck examined — Ilavejived at Dunnville for seven years ; know tbe pri-
soner ; saw him, once. <wice, and sometimes three times a day ; part of the time be
pretended to work. There was a man there who played tbe fiddle, and Townaei d
would dauce. I saw him for several months. We used to be in (^^amerou's ball-alley
together ; went to Cleveland this season on purpose to identify him ; knew biih di-
rectly ; he tried to make me believe he was somebody else ; I now speak poHitlvoly
that he is tbe man I knew at Dunnville and Cleveland. I did not give any tvideuce
at Cleveland, because Mr. James Hall, of Cayuga, called me out and said if I swore
to him they would laugh at me when I came back to Dunnville. I bad told bim 1
ikuew the man; don't know tbat there had been any transaction between Hall and
Townsend previously ; Hall went to receive tbe prisoner in case be should be con-
Ivicted.

To Mr. Frekman. — Mr. Hall is a peace officer here. I am a constable. He bad the

lordcrs. I told Mr. Hall I should know Townsend by a mark on bis arm ; there was a

luiermaid pricked on his arm in Indian ink. I told Mr. Hall I should know tbe man

hy tbe mark ; there was no mark on bis arm, although I looked and examiued it iu

[the presence of Mr. Uall. I told every one I kuew that tbe prisoner was Townsend.

Mr. Frkeman. — I understood that you told Cornelius Perry differently.

WiTNKss (continuing). — When wc went to see tbe prisoner in Cleveland, be fhook
Ibands with Mr. Hall and called him byname. Mr. Hall said you have tbe advauuige
|of me. The prisoner then asked if he did not recollect asking bim (prisoner^ to din-
ner on board the Powhattan. in ^ew York. Mr. Hall said no. I did not refuse to
make an affidavit in Cleveland.

To THE Solicitor-General. — The marks on the skin can be taken out witji pres-
sure. If I bad given evidence at Cleveland I would have identified the pri^ouer just
IS I do now.

Abkl Youjto deposed, — I think the prisoner is William Townsend. He came into
^ny house quitb often. Town-send played the bouos and the violin and the tambon-
u.o, and performed parts. I saw bim the Monday before Nelle^'s murder. I have
lot seen bim from that time to now.

To Mr. Frkeman.— I see a change in the pri <(iner. Wb?n I first saw bim in tbe
^ell be looked kind of strange. His hair used to be a little darker than it is now.
"is eyes are tbe same as Townsend's were. I don't recollect saying that if that waH
"ownsend he was very much changed. I hardly think I said so. Mr. David Yooi^g
lid, when in the cell, tbat he just exactly looked like Townsend. '

Thomas GRAnAM's evidk.vck. — Previous to tbe murder of Mr. Nelles a gai)^ offive
hen came to my house. Bryson was one of tbe party. I think tbat the pri^Qper was
we. I have been deceived as to tbe identity of a person named Patterson. Towns'

end was a whittling something with a knife. Tliis man (the prisoner) had a large
holster pistol ; I have reason to know, for he drew it at me, saying " your life or your
money. I asked him what he meant. He repeated the words a second time, and I
mf^e the same reply. King then marched up with a large dagger, and said " there
is my warrant." On the previoua trial, the men aclmowledged having come to my
house. I once said Mr. Patterson was Townsend. I was deceived then. I did de-
liver money, for he cooked the pistol the third time be spoke, and swore I was a
dead man if I did not give it up. The end of the pistol came close to my breast. I
said you are all infernal scoundrels to follow this for a business. He said tnat was
none of my business. They would be that way again in about three weeks, and it
might be two or tliree hundred dollars in my pocket. The next morning I heard of
Nelles's murder.

To Mr. FREKUA.N.— Garrett Patterson, of St. Catharines, was arrested on a des-
ciiptlbn I gave of the leader of this band, whom I afterwards heard called Townsend.
(This witness was evidently very unwilling to give testimony, and much delayed the
Court by evasive answers.) I don't recollect describing the leader of the gang as
having a weak, effemiuate voice or sunken eyes. I described iiryson and Lettice as
having anchor marks, but not Townsend. Patterson was arrested and I was at his
e::amination, at St. Catharines. 1 did swear before the magistrates that, to the best
of my recollection, Patterson was tlie leader of the gang. I am convinced tliat he
was not the man. It was but for a moment that I was deceived.

To THB Solicitor Gkneral. — This man (prisoner) has stopped at my house for six
years, off and on. I never knew his name. Patterson I had never seen before. That
was how I was deceived.

To Mr. Frieuan. — The man that came to my house, disguised, to rob, and the
prisoner in the dock, are one and the same man.

Jas. R. Birdsall, of Canboro', said— I Knew the father of Townsend, as well as
Townsend himself. 1 saw the boy when he was in a sawmill, near Cayuga station, I
had a " deal " with him afterwards, when he bought his show clothes firom me.
I never saw on Townsend's face the scar there is on the prisoner's cheek.

To Mr. Frbguan.— I saw the prisoner in the gaol the third day after he was
brought here. When I returned, I went to Ounnville, and told a number of people
that the man was Townsend. I know Mr. Wetherby. I called him Mr. Owefleld
there. There was a regular burst of laughter when I said Mr. Wetherby was Mr.
Owefield. It was said I was a pretty man to identify Townsend, if I did not know
my own neighbors. I know a man, a saddler, of Dunnville, named Stephens. I do
not recollect saying to him that the man's back was like Townsend's, but his face
had no resemblance. I told a man named Wynings that perhaps I should not .
know Tov^nsend. I thought he might be very much changed.

Frederick Garriok's evidence. — I can now see quite plainly that the prisoner
is the man who I saw on several occasions before I saw him at the time when the
robbery was committed. He had a giuff voice, not a feminine one. His eyes
seemed of a dark blue.

VVm. Kennedt's TEdTiMONY. — Two people came to my house about five days
before Mr. Nelles's murder, about buying some cattle. The prisoner was one of
them. On the Monday morning after, which was ten days before Mr. Nelles's
death, I saw the man in company with four others going along the road, 40 yards
from where 1 was. I did not know VVm. Townsend by name.

John Aikbnc). — I have seen a man that resembled the priRoner at Mr. Graham's
tavern. I afterwards saw and recognized Bryson as having been one of them.

To Mr. Freeman.— I do not pretead te swear that this prisoner is the man 1 saw
at ihb tavern,

John Soorr. — I now live at Binbruok. I believe this man is Wm. Townsend. I
knew him at Port Dalhousie. I am a local preacher, and I used to go to his father's
house and hold meetings. I had not seen tlie prisoner for years until yesterday. I
always thought he resembled his eldest sister, a Mrs. Smith. Her eyes were dark.

Alex. Allen.— I live in Dunnville. where 1 have resiOed for eleven yeara. We
used to call a certain man Townsend, but I cannot say if the prisoner is he. He had
a scar on his left eye brow, and one on his left cheek, also one on his right foot, cut
by a 00otlei"B adze. He has also one on his under lip. . The scar I speu: of is under

had a large
r life or your
1 time, and I

said " there
' come to my
n. Ididde-
iwore I was a
ny breast. I
said tnat was
xreeka, and it
ag I heard of

ated on a des-
ed Townsend.
h delayed the
f the gang as
iad. Lettiue as
1 I was at hia
at, to the best
rinced that he

y houee for six
1 before. That

o rob, and the

,nd, as well aa
ruga station, I
thea from me.

166^*

f after he was
Uber of people
a Mr. Owefleld
therby was Bir.
I did not know
Stephens. I do
i's, but his face
)B i should not.

at the prlaoner
e time when the
one. His eyes

ibout five days
aer was cne of
bre Mr. Nelles's
le road, 40 yards

t Mr. Graham'a

le of them.

is the man I saw

Q, Townaond. I
go to his father's
itil yesterday. I
^es were dark,
ven yeara. We
er is he. He had
Is right foot, cut
vge& of is under

the foot, on the sole. Townsend had a heavy eyebrow. The mark on the brow ran
right along above it.

To Mr. Friskman. — I am a man with uo fixed basinens. and do anything any body
wants one for. I am called " wheelbarrow Jim.'' (a laugb.)

Capt. Martin Farsis. — I should call the prisoner Wm. Towuseud. I had a man
named Townsend in my militia company. I believe the prisoner is he.

John Ilbs. — I have lived fourteen months at Clc . eland, Ohio. I have previously
lived at Seneca and York. I have lived 15 years in this part of the country, and 30
years in Canada. I had lived in Caledonia, too. That man is the man I have al-
ways heard called Wm. Townsend. The first time I saw him was in 1853, when the
Indians were getting their presents, above Caledonia. I was sometimes in the habit
of speaking to him. I nev t saw him working; he had a mark on his face, I believe,
but I did not want thnt to recognize him. I knew hia features, I again saw him
about two mouths before the murder of Mr. Nelles. Then again at the Provincial
Fair, in Loudon. From that time to the time I saw him in Cleveland I bad not seen
him at all. A conductor of the railway came to my place along with him and said —
" this young man owes $3i for hia fare. vVhoii he pays you that, and his lodging,
let him have hia revolver, which I took from him." I was washing some tumblers at
the time. I was so surprised at the appearance of the noted robber that I let a glass
drop and it smashed. When the prisoner came in he had on a light shirt, tweed coat
aud boots " run over" at the heels. That was how I always recollected him to have
used them. While he was at tea, I hid the revolver and ran for the police. The re-
volver had each barrel loaded. The police bad to handcuif him for be tried to
escape. 1 asked him aa we went along, whether he had ever been in Canada. He
said at first " no," but afterwards '• yea." He said he knew but few people there.
1 asked him if he knew a young man called King and another called Blowes. He
said he believed he did. I aaid then he would know them no more, for they were
hanged for the murder of Nelles. " Oh heavena ! " aaid he. He presently said,
when the backa of the police were turned, " Ilea, come here." Mo one, to my
knowledge, had previously called me by my name. He asked me if I could do
anything for him. I said no, I was afraid not. He referred the police to a man
named Turnbull, who, it was aaid, had known bim. Capt. Turnbull said he had
aailed with him as cook on a boat on Lake Erie for about two months, bearing the
name ot J. Henry. He was searched when he was arrested, he h. d no papers, but
three small koiyes.

To Mr. Fbbkman.— I know all about the reward offered, perfectly. I expect to
apply for it, if this prisoner is convicted. I have heard difibrent accounts of the
amount of the reward. Some have said $4000, some $6000. I never procured the
arrest of Robert Wires. I have arrested some ou suspicion. I once arrested a man
supposed to be Jatnes Coulisk, who had committed a crime in Toledo, for which a
reward was offered. I only took him on suspicion — he was dismissed for want of

f roper evidence. I think Townsend baa several friends here. I think Robt.
landera is a friend of hia. I don't remember speaking to Robert Flandera about
the reward. I came here for him as he could identify Townsend. When he went
to Cleveland, he saw the prisoner, and I swear that he did not tell me to my face
that the prisoner was not Townsend. I told bim that if the prisoner was convicted,
and I got the reward, he should have hia share of it for hia trouble. I know Mr.
Hall, a peace oflScer of this county. I did not say to him that I was doubtful if
this prisoner were Townsend. I never expressed doubt to any one. When I say
Townsend has friends here, I think he must have, for I see he has aome clothes
which I don't know where he got When he was with me, he had clothes and a
revolver and three Irawie knives which he had to leave behind him.

To the Solicitor General. — I have seen people at the corners of the streets and
taverns here offering to bet money on the case. I never saw such proceedings
before ftbout a criminal case. In Cleveland several people came forward to iden-
tify him, althoagh he had not resided there.

To Mr. Fbbbkam. — He said he had been in Cleveland once before.

Thi SouorrOR Gknirai,.— That, my Lord, is the case for the Crown.

18
THE DEFENCE.

■!■■■

Mr. Frkeman then announced that he would on this occasiou depart from hJH usual
course, and delay his address to the Jury until afterwards.

Some couverpation then took place between the Counsel as to the propriety of send-
ing out of the Court the witnesses for the defence. Mr. Freeman hoped this claim
would be waived. He was already placed at a disadvantage, inasmuch as, acting
more from humanity than any other cause, he had not so complete a list of witncsties
as could be desired.

Mr. Plcmmerfeldt — Came to Court on behalf of the Crown : knew Towusend in
Wainfleet Township, Welland County ; first time I saw him was at Pclham ; should
know Townsend if I were to see him : the prisoner is not he.

To THE Solicitor-General. — Mr. Farr made me acquainted with Townsend in
1852; he went home with me to my place; he stopped with mo two days and a
night ; two weeks after saw him at Merritville. In 1852. when I last saw bim, he
had no beard ; am not sure the prisoner is not Towusend, but think not ; Towupend's
eye was darker than mine.

Ezra Smith testified — Lives at Canboro' ; have resided there for more than fifty
years ; have known the Townsend family for 10 or Li years ; the eldest daughter,
Elizabeth, is married to my son ; from their being relatives, I know them well ; have
no sympathy for Townsend ; William Townsend was more like Elizabeth than any,
but Frances is also like him ; the whole of the family have verj^ dark hair ; their
hair was rather darker than the prisoner's ; baw Townsend last time the summer be-
fore the murder was committed ; have not the least doubt that Townsend committed
the murder ; have not the least doubt I sltould know Wm. Townsend if I saw him — 1
know I should ; the prisoner is uot he ; if these were my last words 1 should say the
same.

To THE Soucitor-General. — I do say that if the court were all to swear the
prisoner was William Townsend, I would not believe it ; he had dark eye —uot
blue ones ; if the prisoner himself was to say his name was William Townsend, I
should not believe him ; did not know that William Towuseri had any scars ; was
in the j^aol here two weeks ago, seeing the prisoner ; Townsend had a difl^rent
voice altogether from this man's ; did uot say to any one that if this man waa Wil-
liam Townsend I would not swear to him. »

JoHX RoBi.vsoN. — I knew William Townsend when he was in Her Majesty's service
on the " Mohawk" and in the "Montreal ' from IH+rt to 1848. In '64 I saw him in
Dunnville. From '46 to '48 I saw him every day. I saw him often enough in the
intervals to keep up the perfect recollection of his face. The prisoner is not the man.
This man is a big lantern jawed man. Townseiid's face was short and flat. His eyts
were what is called in the service hazel. His hair was darker than this man's. Hie
hair, too, was as straight as an Indian's but this man's curls. Towusend's hair comes
down on his forehead. This man'^forehcad is hiuh and full. This man is nothing
at all like Townsend. Townsend spoke through his teeth and nose. Ho talked a

great deal about pumpkin pie, and said very often " I'll be d d" (imitating). I

never knew that Townsend had a father alive. He was entered as William Town*-
send, but went by the name of David Crocket. He ran away at Cleveland as he had
to paint he ship's bottom with red ochre. I afterwards saw him, when he was at
first rather shy, because he thought I was in the navy. lie said he came from New
Orleans, until I said 1 was not in the navy any longer. Then he was all right again.
The prisoner is not the man, unles.» he has another head on.

To the Solicitor General. — When I afterwards saw him at Dunnville. he bad not
changed in countenance one bit ; Townsend never will have a beard ; be could not,
he had a woman's face. He never could have a real moustache.

Benjamin Diffin — I know Townsend, who was said to have murdered NellWt, and
I never beard of any other. The same man who used to go about with shows. I saw
William Townsend a great many times ; he worked for me all one wint«r, when I wae
a cooper in Pelham. I had known him for five years before he came to worte tor me,
I knew the family, and would know any of them if 1 were to see tbem. The ptieoner I
is not William Towusend. I am confident of that. He does not look like bim. 1 1
saw Townsend about a month before Nelles was killed, and recollect him perfectly.

oin hiB usual

He hnA a very " down" look. He would not look a man in the face. He had heavy
eye-brows, and I think his eyes were dark. He had a largo foot with large joints. —
He could not wear my boots. The shape of his foot was very awkward, and his boots
bore a large bunch just where the joints wens. I laughed at him once about his feet.

[The prisoner came down for the witness to see his foot, and witness continued to
Mr. Freeman.] That foot is 2i elzes smaller than Townseud's at least. [Thn pri-
soner then put on witness' boot, and kicked it off, easily.] Ne\ ar saw the prisoner
Imfore this week.

TnoMAs Walt. — Have known the TowHscnd family for the last 18 years ; knew
Wm. Townsend perfectly well ; the man I knew was, mthout doubt, the man who
killed Nelies ; never heard of another ; tlie prisoner is not tiiat man ; Wm.
Townsend is a man of a square face, very low forehead, very heavy eyebrows, and
very black ; his hair is bluck, and 1 should say his eye was black ; he had a
small dark eye.

To Mb. Fhkeman. — Townsend had a soft, female voice, quite different from this
man's.

Wm. Cameron. — I know Wm. Townsend ; I will positively swear the prisoner
does not look like him. because he has ditll>rent features. Townsend's eye-biows
nearly met, and were dark. Townsend's eyes were much darker and smaller than
this man's. His hair was Indian and straight.

To THE Sol. Gen. — I saw him last the week before the murder of Nclles. He had
no moustache and no appearance of beard. His looked more like a smooih woman's
face than a man's. He was, I should suppose, of the same size as this man. I never
observed particular scars on his face.

Caleb J. Tuknbb. — 1 have seen Wm. Townsend frequently. I should know him
again. The prisoner does not look like the man they told me was Wm. Townsend,
one day at the station. I think the prisoner is not the man.

To THE Sol. Gkn. — This was a month before the murder of Nelies. I never .spoke
to the man in my life.

David Qdiok. — I knew Townsend for 20 years, or so. 1 uad a perfect knowledge
of his features. I don't think the prisoner is he. If that is Townsend he has a cut
on his left arm, a little scar there, which he told me one of the sailors made on h's
tlrst voyage. He had no beard tlien. I saw him the next night after he had douo the
murder at Stinson's tavern, St. Catharines. I did not then know he had committed
the murder. I was in the Police at the time. I did know a short time — a few min-
utes afterwards. He had a beard and a moustache then.

To THE Solicitob-Genkbal — The scar on the left arm was an inch and a quarter
long. I have not looked at this man's arm. (Looking at prisoner's arm). There is
no scar there.

Tbos. Wbevkb. — I have known the Townsend family for many years. I knew them
particularly well. I lived on the lot adjoining theirs. I knew Wm. Townsend per-
fectly well ; saw him thousands of times. The prisouer is not that man. He has not
the slightest resemblance. He had very heavy eyebrows, small dark eyes and a low
forehead.

To THE SoLiciTOB Genebal. — Am no connection of the Townsend family ; he
would be about 24 now ; there was a little mark, I think, over Townsend's eye ; he
never shaved to my knowledge ; he had a little down on his face : he had an
awkward foot ; 1 have a brother, who, I believe, was a companion of Townsend's ;
I don't know where he is now.

NEI.SON Campbell. — Knew Townsend 10 or 12 years ago ; knew him well ; last
saw him three years ago last April ; had not seen him for tiiree years before that :
had previously wrestled with him many a time ; I don't think, but I know I should
tell the man if I were to see him ; saw the prisoner to day for the first time ; he
is not Bill Townsend.

Tuohab SMTm. — Knew Wm. Townsend; I am a son of Ezra Smith's; my
brother married Townsend's sister ; Townsend resembled Elizabeth very much ;
I nevto knew of any mark about Townsend ; I have seen him barefooted, and every
way ; the prisoner does not resemble him.

^ HuiAH Holiday. — Knew Wm. Townsend ; saw him frequently ; the person 1
BpeidK of ia the one alluded to as having killed Nelies ; should not take the prisoner

T .U.l,,!,l.l, I . J .ljp,iijpil

nai

i
[

, t

to be the Wm. Townsend I was acquainted with ; never knew or heard of more than

one.

To THii: Solicitor Genehal. -I am under the impression that Townaend had a
biaclc eye. It is very surprising to me that so many persons should have said the
prisoner is Townsend.

Robert Kino. — Knew Wm. Townsend : knew the family quite well ; owned a
farm in Cayuga township, adjoining his father's place ; saw TowiiHend very often ;
the prisoner is not he ; he docs not resemble him in the leaHt ; Townsend had a low
forehead, and this man has a high one ; his chin was thrown up mure. — I looked at
him in the cars particularly ; it was a dark grey ; he was telling me how to ride in
the cars without paying.

To THB Solicitor General. — His eyes were not blue. I call " grey " a shade
off black. — The conductor did not ask him tor any pay in the cars ; I don't know
whether he favored him or not ; he had no beard ; he had a few scattfring hairs on
his fac3 ; some of my people had lost some cattle just before this car ride ; we bus-
peoted him of being the thief.

Satdrdat, Sept. 26th, 1857.

Job STRonntDOE testified.- -I reside in Canboro', and liave lived there 12 or 15
years ; am a farmer ; liave often seen Townsend ; he was a fireman in a steam sp.w
mill, which I now own • often saw him there ; he used to " lire " half the time and
skate the rest on the mill pond ; knew him during a course of years ; he was
attending shows the lust time he was alH)ut our place ; think I saw Townsend
within a tew months of the murder, and I am positive that the man I knew was the
one who was said to have committed the murder ; I would not, and could not say
the prisoner is Townsend ; should expect to see, as Townsend. a small man with
dark ejcs and straight black hair ; did not notice any scars on Townsend.

To THE SoLiriTOK Gkxkral. — When I see a man as often as I have seen Town-
send, I should know him again ; the prisoner's face looks like a man's of a different
breed altogether (laughter) ; can't tell who the prisonyr is ; never saw him until I
saw him in gaol ; Towiisoni would now be between 20 and 30.

Martha Stewaut. — I am married ; I kno'" Bill Townsend ; first saw him during
service, in Churi li. when he was a little boy. While ho was in her Majesty's service,
I used to see him every day for a long time. I was living with one ol the officers of
the " Mohawk." at Port Maitland. The captain used to say he was au excellent good
boy. After that I saw him at Penetitngui.shcno, at Dunnville and at the station ; I
last saw iiira about a fortnif^lit before Sir. Nelles's death ; ho came up and shook mo
by the hand. The prisoner in the dock bears no reMomblance to Townsend whatever;
he is fair ; Townsend was dark ; Townsend'rt hair was like an Indian's.

To TUB Sol. Gkx. — Townsend had not changed much from the time I first saw
him to the last time ; he had grown, but was still Hill Townsend ; he had no scars
that I know ot ; I never saw the prisoner, at all, before I saw him in gaol ; Town-
send used to speak through his nose a great deal.

John Veddkb. — 1 reside nearly two miles from the Townsend family, whom I
know; became acquainted with Hill Townsend when he was in the mill ; he fired and
I sawed. We both boarded at his '>rotlier-in-luw's tor about a month ; remembers the
time of the murder ; saw Townscno about a month beloro ; should know Bill Towns-
end anywhere ; the whole of the family favor him, with the exception of one, — Jane;
his hair was dark and straignt ; his eyebrows and eyes very dark ; he used to talk a
good (leal ihrough his nose : the man in the dock is no more like Townsend than 1
am, or any other man in court. I have not the slighest doubt in my mind. I knew
that Bill Townsend was the one suspected of the murder of Nelles.

William Brown. — 1 know the Townsend family, but 1 never spoke to any of them.
I have seen the man they called Townsend. but I never was in his company but once.
That was at a " barn raining" a'.iout three weeks before Mr. Nelles was murdered. I
then had ample opportunity of seeing him. lie camu to the burn raising at about
two o'clock, and was there at twelve when 1 left. He never looked up so that you
could stare at him ; ho had a rmall dark eye, I feel quite positive that the prisoner
Is not he.

Natuan Holt. — My brother made me ae(iuainted with the Townstind fatnily, but I
had previously kuowu Bill Tuwusoud i was Hwimioiug with him three tiuies and iww

ell ; owned a

ride : we sub-

the Btatloii ; I

his feet ; ihey were very large, with big joints ; I think I have bis face iti my mind ;
he is not the prisoner ; his eyes were not jet blacic, but they were very darli and
small.

To THE SoLicrroR-GENERAL. — I am here under the charge of a constable, for get-
ting money under false pretences.

W;>.. B.Crdmb— Knew Bill Townsend well : woiked with him about two months
about four years ago ; saw him after that time, and, lastly, about six weeks before
the murder of Nelles. Townsend would now be about 24 or 25 years old. He had
dark hair, dark eyes, very low forehead, and heavy brows. He talked through his
nose. The prisoner is not the man. I swear to that.

To THB Sol. Gen. — I did not know Bryson or any of the gang ; this prisoner
therefore may have been in their company without my knowing it ; he may have
shot Nelles for aught I kuow.

Charles Walker. — li'isidee in North Cayuga ; was the reeve of that township last
year ; lived ten miles from the TowuHond family, and knew them well ; knew Bill
Townsend about six years before the murder of Nelles ; have seen him in his father's
hause ; he was once in my house ; have made shoes for him ; I measured him; he was
of a dark complexion, small features, small dark eyes, nosevc.y prominent; saw him
last 18 months or 20 before the murder. One night I was coming up from Canboro';
the stars were out; I commenced to talk about the stars; told him about the North
star, and the Great and Little Bear constellations.

The Sol. Gbn.— I don't want to know anything about the Great or Little Beax .—
(A laugh.)

Witness ~I don't want to be insulted, Sir.— (Then continuing, to Mr. Start.)
Townsend had knobs about the toe-joints; the foot was awkward.

To TUB Sol. Gen. — Never noticed any scar on his face. It is, perhaps, seven years
since I measured his feet. He used to grease his hair and keep it pretty slick. He
did not brush his hair down ; but had a low forehead.

I'ettr Schram. — Have known the Townsend family for about 15 years. Knev.' Billy
Townsend, whom I Siiw very often ; ho was at my house to a paring bee two weeks
before the murder. He came after dark, and stayed until the bee broke up. He had
jlack straight hair, a low forehead, heavy eyebrows, a dark eye. a sut ken mouth,
and wiiH broiul across the cheek bones, although his head was small. I Lave taken a
good look at the prisouur. When he looks me right in the face he doe^i not look the
loaHt like Townsend. When he turns away I see a lettle look that resembles Townsend.
I swear, however, the prisoner cannot be Townsend. Townsend was very quiet,
never looked a roan in the face, and talked through his nose.

To Mr. FuBRifAN. — The man I have been speaking about is Townsend, to whom
the murder of Nelles was attributed.

Robert Flanders. — Was at one time a constable in this township ; in 1854 and
'55 I cxerciHcd the duties of this office ; was born near St. Catherines ; knew the
family of Townsond in ).83fi : the family was then residing at Port Dalhousie ;
Itccame acquainted with them through living in the same place ; am not in aii^ Way
connected with the TowuHend family further that 1 have a cou<<iu who married an
uncle of theirs ; saw Wm. Townsend at Canfleld ; Townsend had very dark eyes,
which I should call black ; ho liud a heavy eyebrow, running across the nose ; he
had car^ prominent and inclining forward ; think 1 should know him by the ears if
his back was turned ; \\\f> hair wax i\nt exactly black, but so ranch so that I could
not tell a lock of it from one of his mother's ; Frances, his sister, was very much
like him. but his forehead was low. Afli . the murder of NelleH, that same night.

I saw the four asnociates and Tovnsend togefhi.r ; they were in my house or barn
near Canfleld station ; my lot a(yoined Townwnd's nlepfather; whh in bed when they
Clime ; George Gibson brought I hem there in a double waggon; be kept a public
liouse in Cayuga ; they enquired for the cars, and, as I went to Ihc bam, they came
out, as I th(u:ght, to take a train going west ; but when the train bail passed they
came into the housc> ; got them something to eat and then went to bed ; they did
go by the Eac' rn train; l )M>lieve it was atmut three hours behind time ; at about

I I o'clock m.xt day the rumour of the murder reached my place, unoonnect.4'd with
any one '^ name; ihu number oi persons correxponded with the numU'r wlio had
bcttu thcrv ; 1 Ihcu thought the perauns who bad been at my place were the gang ]

■>..^-

^mmwrnmnia a' tpeoMoonttable: iQtberB'Wbo<l»d 4)eeii tworn in «aine ap, 'and -ire
lall Btarted off to Buffalo; we liad heard ot the gang at the United States Hotel
there ; we finally left Buffalo on a Friday and returned here ; matters remained
without any farther efforts until Sunday evening ; then Mr> Hall and another came
to me and said Townsend and another had been in Pelham ; by the descriptions
riven at P(»tbam, whither we went, I felt sure one man was Townaend ; at St.
Catherines I heard that Townnend had traded a watch awar , which was afterwards
identified as Nelles'a ; heard be bad gone to Oswego op a vessel, and was made
certain by the locic tender (who had linown him) th.^t he had gone, and in the
" Westchester." Telegraphed to the CJfaief of Police at Oswego, and went thither
myself, per steamer. Here, after the vessel bad been cleared, I was told that the
man had jumped fi-om the ''Westchester" 'n board another vessel, bound fbr
Kingston, uist as it was leaving Port Daibousie. * * When this prisoner
was arrested, I went to Olevclacd, on the receipt of a telegraph from Mr. lies. I
Lad never Itiiown Mr. Ilea before. He aslied me to give a description of Townsend.
I said I would rather hear him do so. He then said he had blue eyea Said I, tbat'u
not the man. He afterwards wanted me to go over to the trial ; 1 mid I would, for
the satisfaction of the public, if be would pay my exponaes ; he said ho would not
only do that, but give a large share of the reward. When I went the second time,
I was shewn into the cell ; I at first thought they were showing me the wrong man.
Afterwards, 1 told every oile he was not the man ; had to pay my expenses back ;
When I came back, I was ridiculed, and many, even of my own friends, said how wuh
it I did not identify him, for I must know him. Thus taunted, I put a letter in the
Bufifelo Express, offering to bet $1000 that the man was not Townsed. That was not
taken up.

To THB SoLioiTOR-GiiiEBAL. — Bryson would have a goodknowledge of Townsend;
he had, I think, a little soar on his lip ; his mother said it was a cowlick ; don't
recollect a scar on his eyebrow ; never hoard until lately of any of the Townsead
family being called McHenry.

John Charlbs Glarkb. — I lived in Canboro' from 1847 to 1868, Sj^ miles ft*om
the residence of the family ; saw Townsend once or twice a month for a year or
two ; he is not Townsend; no man, I should think, could mistake him. for Townsend.
Townsend's Hhoulders were S(]n;ire ; his hnir was a little darker than this man's; his
eyes were small ; I fancy ho hud a little scar over his left eye (looking at the pri-
soner close) ; Townsond's scar was a little like the prisoner's.

THE TOWSEND FAMILY IN THE BOX.

Mrs. Dbwar. — (Mrs. D. is Townsend's mother ; she has black hair, and does not
resemble the prisoner), — Am the mother of William Townsend; he was 25 the 7th
August last. He could read, but not very well; ho could write, but a coarse
hand ; he understood about writing ; he was a poor speller. lie left my house five
or six days before Mr. Nellcs's duath, ns 1 heard, to go on some exhibition. I saw
hiui once cfter that, the same night that Mr. fiolles died; ho said he was going
away by the three o'clock train ; he had come from York and was going away ; 1
sliould not see him fir six or seven years. There was one man with him, a stranger.
When I camu hero 1 did nut expect to see my son. The prisoner is nut my son, nor
in be like him in any way. William wai like all his siuters, but he was particularly
like his sititer Frances, who sits there. His eyes and hair were a little lighter, but
passed for black, lie had no scar that 1 knew of upon his person ; bo may have
hud a little scratch. Hu had what is called acow-liok just near his hair. He ha«l
large joints on his largo toes, which showed Uirough his uoots. He had on ius arm
somewlit*re near hiH wrist a couple of letters of bin uanio, with a small anchor, in
pale color.

To TMB Solicitor Ornkral. — My son came to bid me good bye. He had been
talking about gohig away, tbroiigliuut the summer, but not mo soon. My son had
tho letters " W. T." on his arm since bo was in the •• Mohawk." My son lived
away trum bonie as muoh as at hnin<>. His fatlinr died and left him to the world, lo
work his way. My maiden name was Wright. I had uo oounootiou named MoHenr)>
or Uaary.

Mm. E. 8uiTB.—{Uxn. Smith is Townsend's eldest sister.) — I am a manned
woman, daughter of the last witness. I saw my brother last iu October, 1854. I
never heard that there was another Wm. Townocnd. I am sure I should know him
if I were now to see him. He had some letters on his arms, put on with India ink
or powder, or something of the kind. The prisoner is an elder man than my bro-
ther, and does not at all resemble him.

Frances Towmbknd. — I am a sister of Mrs. Smith, the last witness. I should
know my brother William as well as any of the family, if I were to see him. The
prisoner is not he. I think I saw my brother about a week before the murder. —
My brother had no scar upon his jaw ; he had an anchor and his name on his arm;
he had lumps on his feet, which showed through his boots.

David Dewas said — Am the second hiisbaod of Mrs. Dcwar : sboald know
William Tftwnsond if I were to see him ; the prisoner is not he. Townsend's hair
was not so dark as his sister's ; the prisoner's hair is not black. He had no snob
8car as the prisoner while be was at home. Towusend's feet were large and he had
lumps near the joints of his toes.

TOWNSEND AFTER THE MURDER.

John Fnm. — Saw Townsend the same night as the murder was committed at his
mother's house.

Mr. Freeman : 'Have you seen Wm. Townsend since ?— Witness : Yes. — Mr. F :
Where ? — Witness : I won't answer. — Mr. F. : You must toll. I leave it in tJie
iiauds of the Cou't— His Lordship : Yes, you must tell. — Witness: I saw him at
my place (sensation) ; the prif^oner is not that person.

7b the Solicitor Omeral,—S&Y/ Townsend several wceki) after Nelles's murder ; he
remained at my house for some weeks ; I secreted him (excitement).

Mr. Fneman. — I submit, my Lord, that as the witness replied to the previous
(luestion by order of the Court, he cannot now be held to criminate himcelf by these
further questions.

Witness continued (hesitating) — Frances, his sister, saw him at my place; his
mother carao there one*! ; others of the family may have come there ; he bad a
pistol, a single barrelled one, but I threw it away. Frances came to the house
alone, in the fore part of the night.

Wm, Ilarvft/.— aayi Townsend a few weeks before the murdor ; have a recollection
of hiscounteuaneo ; he resembles Mrs Smith most of his familv. This man's head
and features are larger than his. (He proceeded to describe Townsend very
minutely.)

Adam Weaver. — I have lived nearly 16 years on good terms with the Townsend
family. I have a recollection of Towiiseuirrt foiituros. I saw him 8 or 10 days
before the murder, Townsend had a dark eye and dark brown hair coming down
low on his forehead. The prisoner is not he.

Wm. Wininff. — I know the Townsend family. I recollect William's features. —
The prisoner is not he, I am sure. He was very much like his sisters.

To Ihe Solicitor Oeneral.~-l was intimate with him. I knew nothing about a scar
on him, and nothing about a blue mark on his wrist.

Harmun Haines. — I have no doubt i should know Townsend if I were to see him.
The prisoner is not he. I don't think Townsend could have chuugcd so as to be like
the prisoner.

To the Solicitor General. — The eyes, forehead, and eyebrows of the prisonoi are
ditteront from Townsend's.

William Hainei.—l live near Cayuga station, half a mile fh)m the Townsend
family. I knew Townsend ; the pWsonor is not he.

John Wining. — Knew William Townsend and the other members of the family. —
Ho resembled his sisters Elii^aboth and Frances. I should know the man if I were
to nee him. TLe prisoner is 'lot he.

(Jeoryt Montoffue—S.w/ Mr. U'rdsall when he returne*! f)rom secinit the prisoner ; he
said he did not take the man tc be Townsond when he looked him in the face, but be
thought he did when he locked at the side uf his person.

JiMph HMr—\m » pence ofleer of this ooanty ; can't say I knew Townsend ;

went to GleTeland when this prisoner was arrested ; George Buck (a previous wit-
ness) went with me ; we went to see the prisoner ; Buck said he was positive he
should know Townsend : he said when he saw the prisoner he was much changed, but
he thought it was he. I thought I knew the man ; he jumped up and shook hands
with me, saying, " How d'ye do, Joe 7" I had seen him in 1852 cooking on lioard the
Powhattan, of Gieveland. I swear I saw this man there and then.

O^inye Oibton. — On the night Nelles was murdered, a party came to my bouse in
Cayuga ; there were five of them, and they asked me to drive them to Cayuga sta-
tion ; Townsend was one of the party ; the prisoner was not one of the party ; they
had their coat collars up ; I knew none but Townsend , he paid me for the whole.

Jacob Flandtri. — Knew Townsend ; prisoner was not the man.

Peter Bordou and his wife severally testified to knowing Wm.Townsend, and that
the prisoner was not he. So did Thos. McCoy, Lafayette Parker, Thos. Flanders,
Thos. Caroll, Wm. Reed, Alfred Canfield, Q. W. Messmer, James Flanders, and
Wm. McLachlin.

Mr. Freeman called upon the prisoner to show his arm to the jury ; no marks
were discoverable. Mr. Freeman then stated that that was the case for the defence
and he did not think it necessary to address the jury.

His Lordship said that after all there was only one question to decide, which was
whether the prisoner murdered Nelles or not The fact of the murder was proved
by the first two or three witnesses, and all the rest had reference to the identity of
the prisoner.

The Jury then retired at half-past three on Saturday afternoon, and shortly after-
wards the Court adjourned until 9 o'clock. It was 10 o'clock before his Lordship
re-ascended the bench. He immediately sent the Sheriff into the Jury room, to
learn if a verdict had been agreed upon. The Jury thereupon entered ttie box, and
one of their number (Mr. Hopkins, of Cayuga), informed his Lordship that, not
having agreed, no foreman had been appointed. He, however, had been requested
to act as spokesman. He and a considerable majority of the jury were of one
opinion as regarded the verdict; others again entertained one entirely contrary. —
One Juror had been unable to make up his mind how to decide, and wished his
Lordship to express his opinion by which the Juror would be guided.

His Lordship refused to give his opinion, and asked Mr. Hopkins if there was no
probability of their agreeing.

Mr.Hopkins said that the minority were so firm In their opinion that no unani-
mous conclusion could be arrived at.

One of the jurors Is said to have asserted that he would sit on his seat until ho
was carried out a corpse, rather than convict the prisoner.

Hin Lordship then said that he would not send the jury back to their room,
because he was unwilling to force any of them to give a verdict contrary to the
dictates of their consciences. Ho would, therefore, discharge them, although this
would have the cffo't of delaying the gaol delivery, which was so much desired,
until the next assizes— to be held In six months' time.

His Lordrthip then informed the prisoner that he would have to remain In gaol
until tlie next asHizes. In case, however, that he could procure satisfactory evidence
that he was not Towiiscnd, or could show who ho was, lie would admit him to bail.

This delay, at firHt, seemed to disconcert the prisoner exceedingly, and he after-
wards expressed 'als opinion that " It was the d — — dest piece of business ho over
oome across."

On Sunday he was writing letters the whole of the day.

"Tbu division in the jury was as follows :— For Conviction, 7 ; For Acquittal, 4 ;
Doubtful, 1.

MAMUtM: ramm at tn "nuKuii uaaniua nam," nm wuuam

■'^RPWWiPSPf

iviowt wit-
ositive he
Anged, but
look bands
1 board the

ly hoose in
iayuga sta-
arty ; they
e whole.

d, and that

Flanders,

aders, and

no marks
the defence

I which was
^aa proved
identity of

ortly after-
is Lordship
ry room, to
he box, and
p that, not
a requested
rere of one
contrary. —
wished his

liere was no

btno unani-

9at until he

their room,
trary to the
thou^it this
ich dosirtid,

tnain in gaol
)ry evidence
im to bail,
nd he after-
B8S ho ever

Lcqaittal, 4 ;