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V u a? I1.I.A. OF WILLIAM TOWNSEND ALIAS (From tiie ilamilton Spectator.) Tb* iim« hM At l»Bt »rriv«d vhen « jury will •olve th« question whether MeHenry ia or M aot Townaend, Th« current opinion, which 18, that the prisoner ia question will act; be tried by any particular name but as " the man who murdered Ritchie," is false.— H« \B to be tried once more aa Townsend ; tnd here, you will obeerve, lies the chief difficulty of the defence. They cannot urge that McHenry has been miitaken for Towns- end because he ia like him, since they urge that McHenry ia as dissimilar from Townsend t» one individual can be from another. The crown officers, Messrs. Maodocald and Harrison, are taking every means to bring about a conviction. More than a hundred witnesses have been Bubcepnaed by them— many of whom know nothing about the mat- ter ; and the expense to the country will probably be very great. But the defending oounsel, Messrs. Freeman, Currie «k Start feel very confident that t'uey will be Bucoessiul. It ta very likely that extraordinary facts will be brought forward. It is said that it will be proved that Townsend was living at Beach- ville for aomc>.tim6 after he had committed the murders which have made his name so fear- fully notorious. There are four witnefses herefrom California, Messrs. Aikins, Walters, Barber and another, all of whom know a man named MoHenry to have lived there at the time Ritchie was killed, and three of whom recognize the prisoner as that man. Bryson, Brown and another Penitentiary occupant »r« here to give testimony. Vhe Rev. Mr. Howe or Horn has been brought from New York. One or two are here from Toronto; these intend to identify the prisoner as Townsend. What will result from such contradictory evidence we cannot as yet say. MeHenry himself is not much altered in appearance from what he was a twelve-month ago, when he entered Cayuga Gaol. Confine- ment haa made him look three or four years older, but that's all. Fbidat, March 26. The interest taken by the public in the ex- traordinary trial of MoHenry still coriinuea Early thia morning, as was also the case yes- terday, people streamed along all the various roads leading to Merrittsvilie, all having a common destination — the Court house. At an early hour, consequently the building was completely thronged — the gallery with wo men, the floor with men. At nine o'clock His Lordship ascended the Bench, and, the Court having been opened, the jury was impannelled. A number of jurors were challenged by the Defence, and one, who was absent, was fined 809. Mr. Fbkbman stated, in answer to a request from the Crown Counsel, that he had not a complete list of witnesses, and might proba- bly have to call on more than those Avboso names he had written down. Mr. Maodonald aaid thirteen months had elapsed since the priosner had been oom- /__ i_;_l 1 ...-«1.. to have prepared a complete list of witnesses. Mr. Fbkkman handed in a list to his Lord- ship, agreeing to abide by his decision when the time should oome. He ezpresaed a dejaire 4 that a few of th« C^ovrn CouDHelV •itneiseB, those who had «eeQ the mwrf'.er of Ritohftrds eommitted, and tb« pemut. «!ommirting it, ihould b« remov«il from court,, Ima wa« granted; and these persons vers sent into the grand jury room, whioh was Vftcant. Mr. Frkkman wiahf^d itiat oti^of tim xidma Ma for th« dhfence, viz. Mr. K. Fift:idor3. ahould be allowed to remain ia Court, ?.» he knew more of »he history of the case tbao aay other, and wouM be of aj9i«t*a'''able men would swfar that Townsend had nsrk on the eye, which this man had, a mark on the foot as this man had, a soar on the L^it chetk, which also this man had, and a scar f n the ur,d' r lip, which the prisoner wlso exinViits. It had hefn paid that uo two tLien created were alike. Would there then be a probability that two men should be alike, not only ia general appearance, but in trifling poculiari' iea too t Doubtltss, if the snars could have been changed or obliterated, they would have been. But this was im- pos-iible, since to do so the flesh would have to be burned to the bone, and the scars on the priscner's face remained silent though sp a^ing evidences of his identity and of his guilt,. He would ask, if the prisoner said ha was not Townsend, who was he? Any one, aoousfed of crince, would naturally say, if he were not guilty, "I am so and so, I have lived i?o and so." But this man said merely, "I am McHenry of Glasgow," and refused to f^ive information concerning his former career. It was, indeed, only after he had been some time in Cayuga gaol that he began to think of establishins: an af^i, and went to California to do so. Conceruing the writ- ing, be (Couuael) had seen several Ifcttera purporting to come from the prisoner. In all of them strange features could be eeonby obstrving the signature. Now he called himself R McHenry, at another time the letters were formed as if they were not easi- ly written. It would have been fa.' more easy to sign his name " William Townsend." And now it was said that witneBsea were in ir. Then the prisoner ,y car going to Clove- ductor asked him fur ed pistol in payment, n to A hotel in Clev« es (who had known iand'ioid, to whom he might. i(^t the man go whea he bad paid the fare. Islt'ti looked at lim WftB so frightened iie held fall from biii jg fn m his fright, 3ted. He (pr'soiuer) was arr^-stedfor being \e professed never to •ad yi t exclaimed " oh at two of his former gone the laBt penalty 3U in Toronto gaol, he >e Higgins said a cer- 1 in Cayuga *' no" he DuDOville." Yet thie ling of Canada 1 The sHtved, were about to r was not Townsend. ewa on behalf of the strong reason to be- 3 were to be known, appesrance, and ee- avities. Now, In thiB ishrd that the general 2 was rot unlike that 18 to bis peculiarities, swrar that Towcsend I, which this man had, his man had, a soar on BO this man had, and a vhich the prisoner wlso paid that uo two raen Would there then be a men should be alike, appearance, but in )o I Doubtltss, if the changed or obliterated, CI, But this was im- ) the flesh would have bone, and the acais on >mained silent though his identity and of hie if the prisoner said he ho was he ? Any one, lid naturally say, if he am so and so, I have ; this man said merely, Jlaegow," and refused Boacerning his former ed, only after he had 7uga gaol that he began ae an af^i, and went CoKceruing the writ- d seen several letters from the prisoner. In atures could be seen by ture. Now he called , at another time the 8 if they were not easi- ! have been fa." more " William Townsend." ihat witneeeeB were in •ttenjilMt from California, by whom an alibi would be proved. Lat their movements be well and carefully watehed, lest it be found that theso witnesses, or any of them, had not coma from California, or, if so, had known a ptraon there nnmed McHenry, who was not the prisoner in the dock It wii9 an tiasy thing to attempt to prove an alibi, H'j recollected that, in one case, a man designing to murder arother, hired a room abcwe tbos'i in which a fancily lived. He iutrt)duced a friend into hi« apartment, who walked about while th? first was committing the murder. Thus the fam'ly sv.'ore that the rsan charged with murder could not have done it, because be was in their houae at the time 1 The alibi wae proved, but it wps a fnlso one. Ho would say • faw words, in order to remove from the minds of the jury a prejudice which Boemed to exist against convicting on cir- cumstantial evidence. If that prejudice Wize acted upon, it would bo, in effect, saying to murdererfl— *' Commit \our crimes se- cretly, and we will not convict you." The duty of a jury was, palpably, not this, but niuiply to say, if they thc;:ght, if they had a moral conviction that ihe accused was guilty, to say ro. Ho might mention, before resuming his seat, that ^ince the trial at Cayuga a law had been passed which r^ju- dered it po?8ibl« for a prisoner, convicted of murder, to apply for a new trial, which he would receive, if it could be shewn that fresh evidence of an important character could be adduced, So that, even if convicted now, the prisoner might have his execution delayed, and, perhaps, if he were not Townsend, the true Townsend might turn up. It was said, and he would not censure the saying, that the law conceived every man to be innocent until he were proved guilty. But the guilty should not, through sympathy, be declared innocent. Sympathy, if there were a call for its exercise, should be exercised in behalf of the murdered men, not of their murderers. But sympathy ehonld, in this case, be laid aside, for justice and the Crown would both be satisfied by the Jury's rendering a faithful verdict, accord- ing to the evidence. The first witness called for the Crown was Augustus Nellbs. I am the brother of the Nelles murdered at North Cayuga. I slept next to the bedroon where he was shot ; heard the discharge of the pistol, and imme- diately went into the room I was stopped by the men who had broken into tl\e house, but afterwards got into the room. I did not know my brother was shot till the men had left. There were three men, one bad a mous- tache. Ue was about the same size as prisoner. 1 think prisoner said " you aooundrtl, you ■lammed the door in my face." They got no money, but got a gold watcb, key and guard My brother died ill about tiirOO liOurB after receiving the wound I could not recognise any of the three men. To Mr, Freeman. — Was about 14 years of age at the time my brother was murdered. Gave evidence against another mt)i nanr.-r' Patterson, who wm txamiued by the magis- trate Wm Bbysom. I come from the Peniten- tiarv^. Wis present at the murder of Nelles at the Grand River. There were five of us thern, but three only came into the room. They wore Wm. Towns«nd, John Blowes and myself 1 would recognise Townsend (point- ing to prisoner.) ♦• Tiiat is he." Townsend fired the shot. I was not armed myself. To Mr. Frkeman. 1 haro been tried for the murdflf, but my sentence was commuted to the Penitentiary, I believe it was the con- fession I made that saved me from being hang ed. I had mwde this confession before my trial, I was led on by Townsend. I had no idea of committiug murd-^r. I have a hope of getting out of the Penitentiary. All my c'lmrades are dead but Tcwnsend. I do not think my hope of release would be greater if Townsend were convicted and punished. I first saw the prisoner at Cayuga at the aide duor of the Court House. 1 was told Townsend was to be shown to me before I saw him. He was brought out into a hall before I saw him — when I first saw him I said it 'vas not he. I was then taken back to my cell, The Solicitor General came to see me the next morning, and I told him I thought I had not had a fair chfinoe of seeing the prisoner. The Solicitor General told me that there were several people who would ewear that he was Townsend. I saw the woman from Hamilton who said the prisoner was he after I siwTownsend the first time, and before I saw him the second time I wanted to see him again and suggested that his whiskers should be taken off. I never saw him with any but false whiskers I saw him next in his own cell. I walked right up to him. He asked me if I kts -w him. I gave him no answer. The night before I saw him. but he could not see me. I asked him if he ever wore earrings, because I knew him to have worn them. I e.;:pocted to find holes in his ears, hut did not find earrings or the holes, — I saw him on the Thursday morning after Nelles's murder at Buffalo. 1 left him there. He had earrings in his ears that moruing,but took them off in the barber's shop. I then went to Hamilton and remained there one day. I then went to Toronto and stayed three days. When I came back to Hamilton, I was luresled. King wa? taken on Burling- ton Beach, Blowes was taken by Flanders. — I never saw any of Townsend's family, they lived at Cayuua station, as he told me. I never 8HW any other Townsend. Mr. Macdonald—I did not consider that it would make any difff^vence in my hope of pardon if Townpeud was convicted. No such hopes wore held out to me by any oPicer of Governmenu 1 made my oonfeBsion of my own free will. Townsend wore falss mous- tiicheD I was not much surprissd at not Sad= ing holes m his ears, I have worn earrings myself, and had holes in my ears which have heiilod up. Townsend could imitate voioea and dialects He was a person of a great d '(\l of agility. In Cayuga gaol, at first view, t i I did not recognise the prisoner as Townsend, because I had not a good view. His Lordship— You should hive had a good view before giving your decision. WiTNBSS (continued.)— When I recognized him in Caynga gaol, he flew into * violent passion. I had seen him and the Solicitor Gen- eral talking together for soma minutes before this. . • ... M BrysoQ WM then le* »Wfty to the e«ll», Jacob GAiNsa, Jff., nffirmed and «ftid, I h»v« a distinct recollection of being robbed on th« high way in Nov. 2nd, 1S54. It was at a spot ftbout four miles south-west of Port Robinson, on a new road leading from the Quaker road. I was alone and was attacked by three people I saw two of them at first, coming through the wood towards the toad. They came into the road ahead of me, and seized the horses by their heads. One presented his pistol to cny breast, asking if I had any money. He said, " my name is Townsend, I am out of money and want some. You know a man can't travel without money." I said " ^I worked hard for what I have got and don't want to let it go." *' Well," said he. " I must have it." I said " all I have in the world is here, but don't take all.'' He said " he would not take it all if the others with him did not want it." I then gave him my pocket hook, and he who was at the head of the horses oame, took it from Townsend and, without any words, emptied it of money, and gave it back to me. They took away nearly $25 — They asked if I would make a fuss about it. I did not know if I should, for the money was gone, and I did not suppose I should get it back again. Townsend had no whiskers then. He had a white hat with a low crown to it, and the other had a black hat. I then went to Mr. Rice's farm.but Mr. Rice, a ma gistrate, was iiotathome, neither was the man next house at, home. But the taan who livsd in the next, Mr. Richard Wilson, was at, home, and had the alarm given, which extended rapidly, and reached, among othere, the Hagar family, They went to Port Robinson, and^gave the alarm. I recollect that, some- time after, a man named Lettiee was shot on Swan Island. I saw the body at Fort Erie. I said that, to the best of my recollection he was one of the persons who robbed me — the one who held the horses. But— going back to the time ot the robbery — I remember that we went in pursuit of the two robbjffs. We found tracer of them in various directions. At last, at Port Robinson, we heard they had been there, and that Ritchie was shot. I found that persons from Pelham had followed them in that direction, chasing them through the woods. Some of these knew one of the men to oe Townsend. The hat which had -^ 1 J L_ rri^ ,.^-._J -.4. X3^m4- Pr»Kir. son, when he shot Ritchie, was shewn to me, and I recognised it as the hat of him who had robbed me — or at least one exactly like it. [The hat was here produced, and identified by the witness ] I am satisfied that the man who robbed De and he who shot Ritchards were the same, and that Townsend. I saw the prisoner at Cayuga before his trial. I told him I had been robbed by Townsend, ood had come to see if he were like the mao. He protested his innocence, and I ftsked him why he did not take means to prove it. I even oflfered him money to bring evidence for the purpose, und so did Wm. B. Hendershot, who wee with me. He s 'id ha had led a rambling life, had not stopped long in any particular place, and would have difficulty in finding those willing to testify; moreover, that if he bed friends within 100 miles he would not send for them. He did not tell me be had written to Californie. Thie was on the 4th of July. He told me hi had been in Canade onoe, some \1 ot 18 years before, when he first came from Scotland, but ha had only travel- led along through it, and had aever visited it since. I took the man who robbed me to be a small man— not so tall as I. I thought I should have recognised him again, if I had seen him within a short time, but I thought I i,8hould not know him if I »»w him three or four years after the robbery. I told lies so, 11- ho came to take me to Caynge. Wlian I first saw the prisoner I thought he was not the man, but after conversing with him I became inclined to think he might be, for his voice was the same as that of the man who robbed me. I am not now prepared to say whether he is or is not the man. To Mr. Freeman— When I »»w him the hat was well down on his head. He looked mv> in the face pretty well, end although I wee in a high lumber waggon I sew his feataree well. Franklin Hooan deposed— I heard of the robbery a little before dark on the day it was committed. I and Mr. Spencer went to Port Robinson. After going to various places we entered Mr. McCoppin's store. Saw Mr. Mo C. and Constable Ritchie, and told them our errand, Finally the whoie of us went to Mr, Jordan's— a hotel. Ritchie went in, and a few minutes after Townsend came out of the bar-room door. It was in the dnsk ol the evening. He (Townsend) stood under the verandah, near a pillar, to the west of the door. Ritchie came out and spoke to Townsend, askicg him where he was going. 1 don't remember the answer. Ritchie then arrested him, I at the time being four or five feet olF. Townsend told him to let go or he would shoot him, Ritchie per- sisted in holding him by the collar, and fol lowed him oflf the verandah, a little way. Townsend then shot him. I saw the flash. Ritchie fell immediately and Townsend went round the west end of the house towards the canal. He went towards a church yard, and effected his escape through it, although many nuraued him. All the nnrsuera were unarmed and afraid to go near him. I have heard Townsend had a companio; 'ith him who made bis escape in the same direction. I don't think I could recognize him again if I saw him. His height .as the same as that of the prisoner. chards were the same, I saw the prisoner at i\. I told him I had m(\, ond had oome to > niao. He protesttid sked him why he did e it. I even offered denoe for the purpoae, Bendershot, who waa ad led a rambling lif«, I any particular plae«, lulty in finding those eover, that if he had )s be would not send bell me be bad written a 00 the 4th of July. eon in Canada onoe, bftfore, when ha finit it ha had only travel- %nd bad aever visited an who robbed me to tall as I. I thought ad him asjain, if I had rt time, but I thought him if I saw biro r the robbery. I told take me to Cayuga, prisoner I thought h« after conversing with to think he might be, ime a« that of themao 1 not now prepared to not the man. hen I »aw him the hat head, He looked m\^ , and although I waa on I eaw hia featora* losed— I heard of th« re dark on the day it 1 Mr. Spencer went to ;oing to various plaoet ppin's store. Saw Mr. litohie, and told them he whoie of us went to Ritchie went in, and 'owneend oame out of [t waa in the dusk of )wn3end) stood under jillar, to tbe west of came out and spoke bim where he was nember the answer, lim, I at the time being Townsend told him to lot him. Ritchie per- by the collar, and fol irandah, a little way. bim. I saw the flash. ly and Townsend went the house towards the rds a church yard, and ough it, although many nnrsuera were unarmed ar him. I have heard panio; 'ith him who ) same direction. I don't ize him again if I saw the same as that of the To Mr. Feiemam.— I did not •«« •n^ugh of Townsend to be able to recognize hiiU. Jans FLKUiwa te?tifiod.— I was boarding at Ur. Jordan's wheo Ritchie was shot. When tea time oame, there w«'ru two men who cam« iO» and Mr. Jordan wanted too to take tea at tbe same tioie I did nut wish tu dc- so, and told her I preferred waiting, os, by tbfir looke •od actions 1 thought they did uot wish me to take tea along with tbem. When I wont to the door, one of them luoked up and tiieu At his plate, tn> he ^ishei to bo nlon«, Mr. Jordan oaid, if 1 w*re afraid, he woulJ go with me, and we b )lli did go io. tioon after Mr. Jordan went away and I remaiufcd, They aeetned very uaea!y,mul ooe ot them ate very poorly. 1 saw ihitj one tiirov/JL'g uack bis coat, and putting hia hand iri his brtani — I thooght there was a pistol iu his br^ajtouut pocket. I waa quite friglitentd and, bftort Anything occurred, leaid to Mr. Jorii^a some- thing waa going to hijjptn caut eveuing. 1 left the table foi a lnue, and whi^n I rtlumed, I Btill noticed the appearance of tbe m;in who was at the head of the table. He was aiill unsetiled and di-iurbed. Then iha othev went out, aud be (rtioainiiii;) bs^j,' ..n to eat very heartily. I recollect, his speaking, ask- icg Mrs. Jordan when the siage wem out to St. Catharines. Ha asked ma too, ^ur foiue mustard or vine^^r, and I niiurled it to him A young man, a shi;) carper ter, c me in aiid stood near him for a tiiut!. ^ly huoband also oame iu, eo thut ixD could i^ea. More may have come, but i don't r(-ooli«icl Mr. Ritchie just opened the door, ar.d whilo I was at tea, (tailed Mrs. J itdun out. Soniri tittii:! attur ail this, the mrtii U(, the bead of the table went out into the bar, and I went to the < inic.^ room, whence, f.oio thu wiudow, I saw sev- eral peisons on the veraudab. The cundlea were light'd, inside, but ! could iee who wert* outside. 1 heard the rep rt ol a pistol just at tbe same time tbat Mrs. Jordaa was t«lling me that tt)e two mbii wcti.3 high- waymen. I af!ei[ wards saw Lettic^!, alter he had been shot. He iiad a small he^td. I saw the prisoner in his cell, here, last fall. He resembles, a j^oud d«al, the person who was at tbe bead of tbe table ou the uight 1 have spoken of. I gave a deacriplioa oi the man I bad tioen beiore i saw ibe prisoner, it corrt-sponded with the apj^taiauCB of tbe prisoner. I believe be ia the person who sat at the bead of tbt; table tout evening — Ritchie died the stma evHiriLig he was shot. To Mr. Frkkman — 1 hav« been living in Cleveland for the last year. I kni)W Mr. lies by sight. 1 met him iu company with Mr, Sheriff Tupper I was iu Cleveland wh»?n the prisoner was arrested, and it waa said Tow'jsend was captured, i did not go before the authorities in Cleveland. 1 said to some of the folks tbat i should kriow 'fowns.-nd. A constable came, audi said 1 was eiok. — 1 was not very aick, but said J.his as an ex- cuse. 1 don't f ■ collect whether i loid the tionstable I should or should not know Town send. My husband saw Tow.^isond at Port KobineoD, and went before thu authorities at Cleveland, I know Mr. John Abby. I be- lieve I did not tell him I should not know the man who shot Ritchie. I heard, in Cleve land, when the prisoner had beon brought to Canada, that be wa« tbe real Townsend. I heard this from tha ooovereation o.' ys- rious Dien, one of whom was Mr. lies. — I eaw Mr. Tupper a few df.y9 since, who left some money to bear tbe expense of myself and husband in coming to Canatla. I don't know bow much— perhaps some $20. I have heard the etory about the glass, but can't recollect whether lies told mo or not. The prisoner is fairer and thinner thoQ Townsend was when I saw him. To Mc. Maooonald, — I knew nothing about the murder of N«H,n-.-hence I did not attend at Cayuga. I recollect your telling me my fiXpen^ea should be paid coming here. I did not know Mr. Has before the investigation cincerring tho murder of Nelles took place. I expect nothing more for giving my testimo- ny thiin the expentes of travelling. I have formed my opinions from cny own knowledge not that of othei^, Mrs. Elizabktb Johdam tentifixd. I am ibe keept r of the hot^l neAr which Ritchie wa? shot. I recoUeet tbe two men who oame in and asked for a p;lac-8 of liquor, supper and a bed. Ono of them aakcd about the convey- ance from Port Robinson. I recollect Mrs. Jane Fleming.^ boarding wnA >oun^, and went tv the othfir side of the eireei, w|iil« th« men went away. To the h?»t of my know- ledge the priscner i§ Williuro Towneend. To Mr. CuRuiH"-! wa'? taken to Caynga, to give evidence against Townsend, but was not examined. I made a ntatemeot thure to Mr. Ttipper, and told hicn I know vory little about Willia-u Townsend, so that it w'hs not worth while my staying at ('ayugastau expense.— I know Aaron Farr and \. Pluminoifeldt.alao Mr. Robert Fiiinder* Inaw Ih-ee J>er8onB at O^tytiga, I don't recoUeet telling Mr. Plum- Uierfeldt wh»ther I could or ooold aot provo that Townseud wai the iiinn. Mr. Habri802<.~-I faw Townedod «i a «huwi be wan black'd then. 7o Mr. FREKMAN-~Mr. Tupp«r told na I wight go home whi.'H at Cayuga. Mr. MoOoppiN,— I woB a inatjistrat* At Port Robineon on th« find of November. An io- formation wds loi'l before ine that Mr. Gay- uor had beeu robbed. Riobards had gone to have some butter wtightd. I saw hira and he and I and two otheiH went down towards Mr, Jordan's. I stopped on the way to let Mr. Coulter, another constable, know of tti« robbery, while I etopped at Coulter's. Hugtr Spencer ajd RjchardH went on. When I got there Mr Richards hnd gone into the huuae. It was not a very clear night, but I could see pr«tty well, i went into the bar-room, the two boys stayed outside, t saw eeveral people io th« bar, some of whow I knew, some I did not. I mentioned to Mrs. Jordan that I wished to speak to htI wa« living at Port Robinson at the time of the murder of Rioa- ards I boarded at Mrs. Jordan's. I remem- ber two strangers taking their supper there that night. They came into the bar room first. One of them called for a glass of bran- dy- ho only drank. They asked for tea, and afterwards for a conveyance toStCitharines. Mrs. Jordan told them they conld get one from Mr. Coleman. They took supper in the dining room, adjoining the bar room,— my wife, Mrs Jordan and myself, sat at the table with t^i era. I went out and left them still at supper I saw something like the butt of a pistol in the eide-pocket of the coat of the man who sat at the head of the table. I noticed this particularly, and thought it fltraoK^ ^*» was eating his ^'upper heartily. He kept hia bend down hanRing over the table. I had h good view of him iu the bar room. Ha ti (iH /.in '.nlor hat- fj^aiirnrjjijj.* this, (the hat of the murderer.) In a little time Charles Richards came iu. He asked me if there was any strangers there. I said there was. He went out again. The men were then still at the table. The one who sal at the side of the table oame out some 9 I Utktng with the man he a «ye9, and I could not nly. His Toic», mann«i' imprensioD on my mind t the bar in Cayiijf* jail, tion with hiin tht^Q. Mr. I heai'd th« «onv«rHa- • And hinj. When I firat 9 /»eem to tn« to be larger ihot Riohard*. After hat on, (which I broushl h« was the man; it struok and voice that h» might r standing up s»id " take lid not Bwear that bo i« } and motion WQrA (b« ft man who committed V that inonfly has been idonoe in the prisoawr'a declarti who h« wa«. e miAfi a similar offer, or dfitail To him th« !• which he was rob- oka to him of th« pro- he worH who he wjb, if d, and this iv a friendly he did not require any to do was to prove so \K i\ot in this cotintry lit 9 tio r^'CDlIeethm of bi» fornift I remember th« n beinjf shot on Squaw er the murder of Uich- him — h'« ()Ut f cf au inch shove [ WR» living st Port of the murder of Ilioh> Irs. Jordan's. I remem- king their supper there ame into the bar room (ilhd for a glass of bran- They asked for Un, and eyance tOiSt Citharines. pm they conld get one They took supper in the ling the bar room,— and myself, nat at the went out and left them aw something like the « side -pocket of the coat , the head of the table, alarly, and thought it ; Ilia i'upper heartily. He lanizing ovir the table. f him in the bar room, ".nlored haf.j rflssrnhliiig lurderer.) In a little la came in. He asked itrangers there. I said out again. The men I table. The one who I table came out some time befora the othem, The one that sat at the head of the table cdme into the bar-room and «inok«^(l a pi|'t>; in a tVw minutes ho went out. i lieard Mr. MoCoppin speaking to hioi. Mr. Uioharde was ataeding quite close to then and spoke to the iuilow hia foraine out, Kichards did not let ^o, una Townaeud tii-id I eaw the flttsh. It wns 6a rear me that I turned my head away ; Richards then foil : I believe i «o.ild identify the maa who (•at at the head of 'h4 fable. I believe the pris mer in hn.I returned toPortDoverfromPoitRobiuson end last spring, I went to Buffalo. Finally I went to Cleveland, where I have resided for about a year, I never made tt a secret that I had witniBitd the murder. When Letlice was »hot, my wife went to identify the body. The tiret thing I heartl about the arrest of Townpend, was from the Cleveland papera. I was feXumined before the U. S. Commissioner as to his identity, My evidence went to shyw that the prisoner was the man who shot Rioharda. Previously to this I had not eeea ilr. Ilea I lived 16 miles away from the •ity when this man was arrested, and was asked by the Sheriff's officer to go to see him io the gaol, i rcicognised him before he spoke. I was subjected to cross-examination btfore the U. S Commiflsioner. I was also examined by you (Mr. Macdonald) last fBll, privately. I received some money from Mr. Tapper or you, but not sufficient to pay the expensea of myself or wife. I was told I should be re- quired again, this spring. I and my wife » ■ ,i* «d with a subpoena a few days ago, and M . Tupper gave us $20 for travel- ling expenofs. I expect to receive to more than what will pay our expens«8. I h:ive not beea promised by any body any portion of the reward, in case it is paid, cor do i expect any of it 1 first saw this during theiuvesti* gdLion before the U A. Commissioner, and after i had identified the prisoner. To. Mr, Fkkkman.— I wett to ttie Clevelan- gaol with the Sheriff's officer, and, at the time eeveral persons were in the hall, I don't know who they were. The only person I spoke to inside was the turnkey. 1 told Mr. Jones, when I got outside, that I kneI did nothing after the man wens away, because I thought the mes- sage had been sent to all the stations I re- member it said ihe man's eyes were large and blue. The deBpat,ch mentioned $1000 as the reward for taking him. To Mr.MAODONALD— There were two consta- bles with me—Thomas Talman and Nelson 10 Browo. Th«y know th« troth of vha f ity, •ad they agreed with to* tJbtt tb«r« wm no B«fld of ttilegraphin^ on. Hi8 L0RD8HIP Raid ha wm Atrctdy llred of tbe tnal, after 12 hour* work. Tho Jury were to b« niado m ooiafortaht* m potHibi* during the oiKht. Th« Court, «t oetrly tea o'nioob, •<]. jaarnnd oottl • o'clock 00 Moodty amroiiig. «•■» » ■ aATVBVAT. March 27. 18&8. Tbo Coart Houito was thronged at •<. e»r?y how thta morninjf. and his Lordahip took b» M*t at oiQ* i>»o| firet witoeM exauijavd WW HooB MuKat, who affirmed— I renided at Wooditock in the fall of 1864, aod wai thfiu ! abiiiliff for tbe Division Cuutt. Mr. Forbes ( camo to m« one day, telling me b« had J Mceived • telegraphio message to arrest I ""ownsend, who was knowa to b« 00 thw I Itaxt train, and that |100o reward wm offer- 1 ad. He aeked toe to go with hiaj to tnaku 1 Ibearreat. I have an impreflnion that the message had come from Thorold. Pour of us, in all, went down to search th« care, and «on •arted a plan of operr^ione. One was to go on each eide of the train, and one to enter at aacb end. Mr. Forbee, who entered the fore oar. Boon came to me, and wanted me to «ome and look at a man. Ha could not then find bim in the «ar Forbes said he wa» in. We found him 00 the platform, and I said we wanted to epeak with him. "Oh," he said, "lis flbwut «hat Cavuga affair. I answer th« description given very well" I eaid, "Yes, you do .• I asked bim leave to look at hie wrists, on which there w«s said by thf tele- graph to be an anchor. I looked and could •ee no auehor. We told him we would detain bim. He remarked it was a hard thing to d*. tain a traveller. This be said quite coolly, and not as one might be imagined to do who bad committed any great crime. The others tndeed said be was surely not the man, but I oontended that a man. wishing to eecapn, would conduct himself in juat that way. At length we agreed to detain bim until the next train should come, and we imagined he had made up his mind to stop with us. The cart tbon commenced to moTe off, and as the last car swept by, he, with a jump, sprang upon It, unexpectedly. He had to exert consider- able activity to get on. I would not have ondertaken to do the name thing, as it waa ▼ery dangerous. We did not telegraph any further, because we thought every station had received tfce same telegraph we had. The prisoner in the dock is that man. I have not the least doubt. I pointed him out to Mr. Porhfls tha mnmtkn* f ^...^ V:— , ;_ ^i- . i . _ i corrr tlxCi JU 406 OOCIS Si Gayugb. To Mr. FaEKMAN— I swear this is the same naan we saw. I swear it as against all crea- tion besides. When the man escaped we thought he was Townaend, yet we did not go down to tha Qaxitr«iD,altlioQgh w« MMctad •oroa men woold aonn* ap in paraiiii «! |h« murderer. Mr. Maodonalo— Look and aaa if yoa ••• « a«ar ou tfao teft cheek of the prisonar lik« tbal wbi quested tho pri^on^r to Ke H^ijrche.j. His (ZIta) life had been tlireaie-ifld by the pri«on«>r «•- v*-ral timxs, Hnd h^ f»ii»rsd f^t .':* might b»v« Hume pit^tol or oth«.r ooncealad wuauoo about him His Lounemp auneuted, and the prisoner waa B^aiohed by :wo cjonslnbles, who reported that there was no weapon on his persoD. pKisoNKB — Poor fellow, eome alcng. Mr. Ij.kh then deposed— i am a hotel kaepar at, no Erie street, Cleveland, to the sprinc of 1867 I kept a hotel on Water street [A plan of the house of Mr. He«.oa Water atreet, waa then produced, and showw to his Lord- ehip and to the Jury.] | was washing soma tumblers on« day, when the railway condua- tor cnme m with Townsond The instant I •aw him I kntw him. I had previously beau in the habit of seeing him, occasionally, for from 7 to 9 y^arew I drank with him io bar- rooms, and was well acquainted with bin*. I was in London at the time. I heard than that ther« was a reward offered, by th« Oo». ernment, of £1,000 for tba body of Wm Townsend, dead or alive. In Cleveland, I first saw the cond-ictor and Townsend tttrough Jhe window of my hotel. I waa so surprised at seeing Townsend that I let ona of the glasses fall from my hand. I went into the bar and then came straight out to tell my Wife, leaving the bar-tender in tha b«r 1 then again wer into the bar. Tha railway conductor asked me if I would take his aooi. panioa ae a boarder. He said he knew aotb. mg of the man— hut that he had taken hia pistol as a pledge fur the amount of his paa- «age-f3 60. He handed me the pistol—* Colt 9 revolver—and told me I might giva ii back when I should receive the $3 6a (The piatol was here produced by tha Coon. ««1 for the Crown, ;^d identified by tba wit- ness ]i Ail the compartmenta of tba piatol w«r« loaded, and all the nipple* bad caps on. I asked hun for the trimmings. Heaaid— " Yoo need not be alarmed, for neither you aor any To?vIr^'** J '^^^^"/^ '" 8°'°« '° «'^ ^^^^ "^ J f ^ . ' "'^ ^ ^^^ oo' ^«nt his revolver, and told him to go in and iret 8unn«P an* way. He went, an~d I ran for the police! Vith the view of baying him arrested. I told the chief of police there was a man in my house who had committed murder in Canada, and that I knew him. The chief told me to run away home, see that the man did not escape, t i b il b a B h h tl 1 w h< of fo of til gc in: sa ail wl "I asl ad thi av lat tio oai am tal I e 0ff( ind It^ act ers, prii n 1 son wai ^mu evi( moi and rAtn, •ItkoQgh w« M|N«ttd am* ap in poniiiloi tfa« n -Look Md tM if yoa •«• • lek of the prinoatr lik« thai th« train hid. '«--tber<* it 1% lat Dosr leemit tb* MQA It an4 frashe*' then. 1 taid i« «o«r afc Cftyttgs -boi it krbea had b««D Jo my eell ) Ciiled forward. t«<) (hat Mr. Um b«d r«' r to his H,,iirclie4 His (lUt) l«'ied by th« f>ri«onked ibe prisoner if he had any tnoimitiga, a', whieh the priso- ner saemed to be atijjry and SF-id " neither you nor any oth«r G— d d-d w.-m am ever get that pistol " He ex-.la!a;-.a liiat Wm was pot btcauea we wante:! u> g^t tlifc w'tnl -iway from him, and tiiis stetned to 8at;s;y bim. We then passed into the barroom tog-ther, and lies asked me if ll w uld have .somt^tiiiog to •drink. J don't kno .r i.iia\; ho seemed nervous, I ,id not notice anvthii:g as I wts in a hurry. To A Jdrob— When I took the pislol I askod if it was loaded, aa Miero were frtsh cips on it. He said it was. A. MoArthur deposed — I rtside in Ohio, Clevelaud, where I lived m (,he sprfog of 1867. I was a policeman. 1 r-colleci Mr lies call- ing at tile city prison, aiid aiikiu,;? for consta- bles to go with Him to arrest a man. I did not hear him ttU the jlnef what fie offence was, bu!. he aaid he c Mild n-it go be.riu^a he had the roll to call. 8uou after lies iwft, a man belonging to the Independent Police, named Mclnsiry, came to me and eaid h- believed there was, at Ilea's, & man earned Townsend. He accompanied me froiu the station to Ilea's, fle asked me if I had any tools with me I said no, and, by his alvi^-e I went back to the station and got one of the niifhii watchmen's revolvers. We then ran up to iies'e, and Dear that place met Mr. OuUagher, who was then one of the Independent potioe, but is now Marshal of the city. He went with us and we saw Il«48 m she b r-room. He pointed the prisoner out to nc. I can't day that 1 saw anything particular in his manner when he was arrested. He go'., up and faced us. We told him we had come to arrest him, and he then made a sort of tlfi-rt to get a-"sy. _ He asked what we arrested him lor. We said it was on the authority of a despatch from Buf falo, for stealing a trunk. Ho asked "how long since I" We taid five or six months. He laughed and said, " By G— d, old fellow, you are mistaken this time, I haven't been in Buffalo for two years*. We took him to the city prison, searched him, and found three knives and a few cents. I think one of the knives was • single bladed knife, and the others were smallish knives, pretty much worn out. The lougest blade of the bieg'^st knife may have been four or five inches long. We had some conversation then about t!ie teleeraphic despatch, and he asked if there were any Masons there. He asked if I were one. I said no. He replied he wished I were. Then I put him in the lock up.~ But before I did so, he said he wanted to sea a man, and I wrrt with him to the middle of the ro';m, when he called out " lies, lies, come here." lies came part of the way, and hefprisoner) sfiid " lies, you know me". Ilea said "yta " I said '* lies can't bail you out if he does know you." Then ha spoke of • man named Turnbull, but I could not wait for him to be sent for, avul we then, after consultation with each other, thinkinjj the city prison was not a safe pl.u;e to keep him in, handcuffed him arid took him towards thu county gaol. Aftci- we had gone two or three rode h-< said " this is a d-- d pretty how d'ye do. Ouly four or five hours in Cleveland, and dead broke with the ' darbies' on." At this we all laughed. Mr. G-aUagher asked him where he heard thiin called "darbies" I don'f recollect what he answered, Some one made the remark it was a common thing to hear tbem called " darbies" in London, i supvosed London, England, was meant, I think (hey named several places in Canada and a^ked if the prisoner had viiii.ed them. He said he had be'm along the Welland canal and ha'i stopped also at one place which Ileginfentioued. I forget now which it was. I heard Ilea ask if he was acquainted with a man narnt-d Blowes and another named King he migi't have m'^niioned other names, but I don't recollect. I think he said he had seen Blowe«, and perhaps know something about King Iks said theyjwere no more. He said no- thing for a short iime.Hnd, when he did speak, his voice seemed considerably altered, as it flfl.:cttd. I could not hear the words he ua«d. I did tiot enter the county gaol with the pris- oner, b X ha came back to the door, and lies paid "herf» he comes, be careful." He asked ■♦ where is my pistol," or '• who has got it." I replied it was taken care of, and would be delivered to him when he went away, if it wa-^ right be should have it. He said " By G — d, its mine, and I want it." Afterwards ho said "I see through it all — you're aG — d d — m man to sell a friend." Ho then walked back into the body of the gaol. Presently he called " lies, lies, lies" — raising his voice at each call— lies turned back and said " well!" The prisoner said " lUs, 1 want you to get me out of here; by G—d do you understand?" lies Huxd " I'll do what I can.'' Wo then left. To Mr. Fekeman. — 1 am sure the prisoner naid " I have been through Canada on the Welland Canal," I recollect his saying, in the city prison that he had been on a vessel. aven't been in ) took him to im, and found entB. I think sicgle bladed "mallish kuives, loijgeat blade of een four or five •uversation thon h, and be asked :e. He asked if plied he wished the lock up.— e wanted to see 1 to the middle out " lies, lien, of the way, and know me". Ilea I't bail you out a ha spoke oi • couli, and would be Dfc away, if it wa'^ I said " By G— d, fterwards he said aG — d d — m man valked back into sontly he called lis voice at each aid" well?" The ,ou to get me out iderstand?" lies Wa then left, lure the prisoner i Canada on the hie saying, in the on a vessel. I 13 Mr. FAEBMAN.--Did he nay he bad been wrecked anywhere in Canada I WiTNBss. — Well, now you mention that, my tmpre'sion is thai he said he had bnen wreck- ed at one of the places which lies mentioned. I don't remember if any more conversation look plaO!*. I think it was Ilea's intention that he should not be look upon aa an infor- mer, in other words, that the prisoner should look upon him as a friend. To Mr. Harrisom — I know this tr-^s thought necessary, that lies might carry out ihu oh- jeci he had in view. To a Juror— I don't knaw how the prtswer earoe to know Ilea's name. Georqk May testified— I live in Chicago, Illinois. I lived there iu the fall of 1864, I ran a hack then. Previous to my going to Chicago I lived aVout St. Catharines — at Pt. Dalhou^ie I was at aahool with the notorious Wm. Townaeud. We were, cf course, both vouiig at the time. The last time I recollect Bering Townsend was in 1856, when I met him between St. Catharines and Pori Dal- houaie, I thou'i^ht I saw him once in Chicago afterwards, as I imagine, but it was dark and I should not like to swear positively. This ■was afrer the murder, but previously to my knowing ot it. He came off the cars with what we call a Canada suit on. He reached out his hand and aai'^ " how d'ye do, George." I looked at him, and was going to speak, when b« put his finger lo hie lip, as much as to say "ailence," and telling me he had some bag- gage, asked me to drive him to the St Louis cars I could not ewe.^r to the voice with which bespoke, it was so long since I had heard it. no wame was on my lips at the time, for I oould hardly recollect his name. In fact, I was going to tell him he bad a little the ad- vantage of me. But when he put his finger to his lips, it seemed to me that he did not wish rae to mention his name in the hearing of tlioae who were around. After he got his bag- gage he mounted the carriage, both of ua ait- ing on the outside seat We got into conver- sation, and he aaked if I know what his name was. I said I thought I did, hie first name was "Bill. ' He asked what the rest was ; I said I thought it was Townsend. He remarked, "I wish you would not call me by that name now," He did not say whether it wua or was not his name. He gave me a name of which I don't recollect the whole ; it seemed to me as if there was a Mac to it, but I would not be positive. I believe I had a recollection of it last year when my father went up to see me in May and June. I think I told him the na/ne. I told him 1 had seen Townsend. but that I was a little doubtful of it. I don't re collect any person resembling Townsend with whom I was so familiar that he would come up in the same manner and say "How d'ye do George." He said tie was going to take the first boat to New Orleana, whence he would go to Australia or California. Mr. M\oDONALD. — There's your California man. Mr. J. -jcman. — Only two men went to Cali- fornia that year 1 WiTNK69 continuing. "I took him to the St. Louis Depot, whence the cars went south- ward, and that's vhe lust I saw of him. I don't, reeogoiza th'.* prisoner aa the man~-he must hav^ changed very much. I don't un- dertake to identify ;iim. To Mr. CuRRiK. I was brought here by Mr. Tupper on behalt of the Crown. I told bira I miijrht kaow Townsend if he were not very much changed. My opinion is that I cever saw that gentleman before. The pri- soner has a higher forehead than Townsend ; hs has a larger eye than Townsend ha», Towna-and had heavy, dark eyebrows when a boy. In 1854 it was daik when I saw the man, and I could not diotinzuiah ti>e color. In height, the prisoner and Townsmd (if the man I saw was Townsend) are alike. Towns- end U'sver looked a man fairly in the face. He looked more sidelong and downcast. I knew the TawDsend family at Port Dalhonsie, but not since. I spoke of my supposed meeting with Townsend to my brother John, who is on his road to Califovaia. To Mr. Macdonalo. I recollect the siEe of Townsand's eyes only, not their color. The jury then vo tired for a short time, and, on their return Ml-. Wm. May was examined. He said I went to see my son George, at Chicago, in the spring an^* summer of last year. We had a conversation about Towneend, and my son said he had csen hsm there, or at least sup- posed 50. He gave ma the particulars of the conversation he had had with the young man. He mentioned to me the name the supposed Townsend had given as his real name, and it was, I think. McHenry. I am not positive about the wholf name, but I am about the "Mc." To Mr, CuRRiK— I was well acquainted with old Mr. Townsend. The first I knew of the family wai when they moved from Port Dalhousie. I did not know William Townsend. The prisoner has no resemblance whatev^^r t- old Mr. Townsend. James Gaynor recalled — Townsend held the pistol to my br»^a8t for some minutes. I no- ticed it had rtnly one barrel I had not seen any revolvers before that time, and imagined they had as many barrels as th-^y carried bullets. The muzzle of the pistol was as much like this one (the one produced) as could pos- sibly b<\ Samokl Higgins sworn — I live in Toronto, where I work under G. Zowski and Co. I lived 11 DunnviJle in 1852, and knew Wm. Town8>ind there. He was boarding at the same tavern as I was for nearly three months. He wao at that time working in a saw mill. The pria m^r ia be. The only thing different is his voice. He was brought to Toronto about May last, and Mr. Sherwood asked me to go and see him, Mr. Allen said — " I'll unlock the door of the cell, and you will see if you can tell wNuch isba*' I pointed ibis man out aa the one I should take to be Wm. Townsend as soon as I entered. He aaked if I knew him, Yes, I said, I knew him in Dunn- ville. Prisoner said he had never been there. 14 I believe Mr. Sherwood heard all this con- TereatioD. The prisoner said — '* I begin to believe I am Townsend, for everbody •ays I am. But," he said, " Townsend had different shaped ears to mine, a different nose, a different forehead, and different eye- brows which grew across hia nose — but," they •ay, " I have been plucking mine out, so as not to look like him," He asked my name. I said, Sam. Higgin?. H« replied that he never knew a man of that name, dropped his eyes and walked away. Presently he came up again and asked me if Wm. Townsend ever told me about stealing a boat off the Mohawk I said " yes he did, and told me he sold it in Cayuga for |6". Prisoner corrected me, and •aid it was not in Cayuga butDunville." The last time I had seen Townsend before seeing him in Toronto was on the 4th of July 1858, at Buffalo. Wm. Townsend had a Bcar under the jaw. I had forgotten until I saw him in Caybga wnich side of the face it was on. He was very active at throwing somersats. To Mr. CuRRiK—I did not see the soar in Toronto, for he had whiskers which, I sup- pose, nearly covered it. I did not look for the sear, for the man's face was so familiar to me that I did not think about it. As soon as I came out I told Mr. Sherwood about the scar. I know of nothing remarkable about Townsend's feet, unless perhaps that he used to run ever one boot. If the scar on the face were not there, I should doubt whether the prisoner was Townsend. His hair is not worn the eame as when I saw him in Buffalo. He used to have long hair and wear it down his shoulders. Mr, Harrison said that hitherto all the wit- neeses had been brought forward, so that their testimony should be connected. H" regretted that Mr. Sherwood of Toronto, who would have corroborated the evidence of the last witnt'ss, was unwell in Toronto, and had tele- l^raphed that he was unable to come. Wm. KiCNnbdy deoosed. I recollect two men coming 'o me about a week before the murder of Nelles, asking about buying some oxen. One of them walked away towards the kitchen door as the othur remaiuei talking I asked what he wanted the cattie for. He said it made no difference so long as he got them. I told them where they could get them, but they did not go in that direo tion. I Baw the whole five together on a road leading from Hamilton to Caledonia, on a Monday morning, I noticed the prisoner most particularly, some of them had bundles. I. lid not know prisoner's name to be Tjwhb- «nd at that time, I had some conversation with F. J. Ch'shire the morning I saw prisoner. To Mr Currik — I only spoke to prisoner ai one time. I recognised him by the cap he wore. I cannot be mistaken, the prisoner's oountenance i3 quite furniiiur to me, F. J. Chkbhirk — I know Wm. Kennedy, of Oneida I was in his company on the 6uu day previous to the murder of Mr. Nelies. I was living on ins farm, met him in a field and had some conversation. He turned down the concession line towards the plank road. I yent homewards in the opposite direction. I saw a horse and buggy with two men and A female in it driving along towards th« plank road. One of the men got out of the buggy and walked op the road, the other remained with the woman. They went on down another road which led only to Mc- Kenzie's pond.I supposed they were stranger*, and went forward to tell them they were wrong They drove a short distance into the wooda, when T perceived the man attempt to take some liberties with the woman, which she re- sented, and jumped out of the buscgy and walkvid towards the plank road. The man drove after h«r. I noticed who the man was. I had a clear sight of bis face. I saw Mr. Kennedy that evening and told him what I had seen. He thought there was something suspicious about them. I reported for the Globe at the Cayuga trial, I was then fully corvinced that the prisoner Townsend was the same man I had seen. I have not the least hesitation in saying the prisoner is the man. Rev, Mr. Haw. — I reside at present in Belleville. I resided in the Township of North Cayuga, near Canfield, in the year 1854. I was then in the lumber business. Mr. J. B, Smith and myself built a mill, I knew Wm. Townsend at that time. He was frequently employed about the mill and by Mr. Smith. Tb " mill was built in January 18i>4. His ser- vices did not cease with the completion of the mill. He only worked occasionally. The longest period he was employed vas about three weeks or a month. I cannot say what he did when absent. Mr, Smith w»s ft brother-in-law of Townsend's. My house was so situated that I could see, daily, all the hands employed upon the mill. My atten- tion was directed to the prisoner by a series of circumstances. In 1862 Mr. Smith and I had a joint interest in a mill at Can boro, which was afterwards sold. I there be* came acquainted with him first. The charac- ter of Townsend and the parties by whom he became surrounded was so bad t'^at I 1 aced my house in a state of defence, for I was in- formed by a young man employed about the place, called Morioe Delamatre, that Townsend and his gang were enquiring iu whose hands sjme money was which had been agreed to be given to me for the mill. I moved into Hamilton about five or six days before the murder of Mr. Nellea, and 1 did not see Townsend after my removal until 1 saw him last year in Toronto. Then I perceived, and I am now quiet sure that the prisoner is the man. I know the prisoner's stepfather. He was a Scotchman, or at least he spoke with a decided iScotch recent. I did not give evidence at Cayuga. I a'riv^d too late. I was asked by Mr. Start, at Cayuga, if 1 would swear that prisoner was not Town- send. I said I would not, but that I c-auK-l swear positively that he was Townsend. i spent about an hour with prisoner on Sab b:kth morning after the trial. I offered then that if he would give me any satisfaotory his- tory of himself I would do anything in my le plank road. losite direction, h two men and g towards the got oat of th« ■oad, the other They went on d only to Mo- worestranger*! liey were wrong nto the woods, ttempt to take I, which she re* jhe baggy and oad. The man 10 the man wa9. }e. I saw Mr. }ld him what I was eornething sported for the was then iully Towneend was ive not the least ner is the man. at present in wnship of Noftb year 18C4. I less. Mr. J. B* 1, I knew Wm. was frequently by Mr. Smith. 18P,4. His ser- impletion of the lasionally. Tha ^yed vas about anriot say what Smith was A My house was I, daily, all the lill. My atten- prisoner by a 1862 Mr. Smith n a mill at Can old. I there be« rst. The eharao- bies by whom he ad tl^at I 1 aced ce, for I was in- employed about Delamatre, that ere enquiring iu was which had to me for the iltcn about five ar of Mr. Nelies, fter my removal Toronto. Then I iet sure that the w the prisoner'a man, or at least oh recent. I did i. I a- riv«d too jrt, at Cayuga, if r was not Town- lUt. that i eouKi %B Townsend. i trisoner on Sab , I offered then ' Hatisfaotory his- anythiog in my i 15 power to assist him. All offers of this nature were treated by him with contempt. He spoke of being in correspondence with his friends, but did not mention where they were, I have the same acquaintance with the man in the dock as 1 have with oth^.i;?, -jrid I might as well call in question any ones iden- tity as his. My recgnition does not rest upon »ny thing like the color of his eyes or fea- tures, but upon hie general appearance and •ction. . To Mr. Fskkmas. I becama acquaint ed with the prisoner in October, 1862. I did not know thtm who his parents were. I afterwards learnt. I k^pti tho mill »t North Cayuga about Ist October. » few days bafore the murder of Nelles. I went then to Hamilton, 1 was a miuisfcer there. I afterwards went to Woodnurne. I was unfortunate in business there. I was not deprived bv the congregation of my mmiste- rial character. Garret Patterson was one of the Townsend gang; others are in California. Some of them have been executed. I havo j e«en Blowes at Cayuga station, aloo Patter- son I saw Blow's when he wa^ there a pri- i soner. I saw Patterson many times. I un- ] derstood Towneend had accomplices in Ham- ilton. Weaver W88 said to be another. Ti^ere wes a suspicioK then that, Townsend and others had committed several robbents. I do not know who was robbed, A store was broken into iu :it. Catharines. 1 do not know whose it was. Townsend hud a watch which waa Huppoaed to have been taken from there. The only difference 1 see iu prisoner a that he is thinner, his general appearance ie the eame. ,j r i PKiBORSft— Take off your goggles, old tel- WiTNiss^I wt.uld have given him any as- Hisiance if he could have given uih any conse- outitTH history of hiii:aeif as McHem-y. 1 would have taken up a subscription ior him if he could have eatiafiea me that he was not Townsend. The JuDGK, having expressed his sorrow at being oblijk. I heard of the Nelles murder th* next morning.— Prisoner ie the man, i'ownsend, who rob- bed me. I was under the impression that Garrett iratterson was the man Townsend, when he wa^^ a'rested and I was at St, Catha rines. I saw Patteraou before I gave my evi deuce. 1 thought he was Towneend then. I did not continue of the same opinion, but dis- covered my mistake and made it manifest. — I had seen' Townsend numbers of times, but never know him, as, Townsend. Leitite went by tn« name of Jack Perry. They never called each other by their proper names when they eame to my house. I was not swo at St. Catharines. I was at Cayuga. I thtsn awor** Patterson was the man that robbed me, I believed he was the peruon. 1 am now satisfied that prisoner ie Townsend. I have no doubt of it To Mr. CuBBii:— I first b»w Towneend two or three years before the murder of Nelles 1 am not certain whether my sign wa^ up at that time, ie stayed all night at my house the folio witig winter, and one night in the fall of the year beUireNelles was murdered, 1 went to Cayuga the morning after the murder to give a deacnpuion of thf party to Sheriff Mariiu. i descrii-'ed Blowes and King, but do not reoiember describing the leader of the gang. I was am, sworn b«foie Mr. Adame, at St. Catharines, Jud^e Foley took me to see Patterson I .''<»w him at the examination at Cayuga a few days after. To the btst of my knowledge 1 swore ai. that examination that 16 |i Garrett Patterson was the man who robbed rub. I did not swear as positively to Pattei- Bon as I do to prisoner Patterson was about ft feet 10 inches. It is not possible for me to be mistaken in prisoner as 1 was in Patterson. I wftp only deceived for the moment. He ttp pnared much taller at, St. Catharines thu.A at Cayuga. I had no conversation with any of the witnesses at Cayuga, except old Mr. Pat- terson. I understood there were a number of witnesses to prove Patterson was not the man. David Youno. — I -^as acquainted with Wm. Townsend. Caledonia is the only place I ever saw him. The first time I saw him was at Abel Young's negro performance ; his face was blacked. I have seen him when his face was not blacked. That was in 1854 ; ho left Young there and was away about six weeks when he reiurned to Caledonia. He took a violin player with him. I asked him what hiid become of the man. He said he had died in Chatham, I saw him after acrops the river, at Waldon's tavern, he was exhibiting the same charfiitiers there. There was some dancing after the performance was over — John Hess (a cousin of of mine) danced with Townaend durrny. thepe'foruiancje. Townsend b*)at Ht'ss »t dancing. I saw them round together alter ibftt. Townsend said one of his feet was tender ; it was sore. I don't know which foot. I never saw Townseod after the murder of Nelles till 1 saw him in Cayu(i,a Jail, { recognised him then. I swear prisoner is the Wm. Towusend I knew ia Caledonia. To Mr, Frbkman— I do not know how long prisoner had been in Cayuga jail before I saw him. I did not expect to see him. I did not think they had got the right man. Abel Young went, with me, Young said he looked older than he expected to see him. Prisoner asked me if I thought he looked like Town- send. I told him he looked like Townsend, but was much changed. I never saw him have any beard in Caledonia. I never saw him shave, he had no hair on his face. He had some light fuz on his face, but no beard. He was about 20 or 22 years old. I could not tell the color of his eyes. He had a very quiet way of talking, and wore his cap down over his brow, he had a full eye and gene- rally looked down. He had rather heavy eyebrows. I do not know whether they met over his no8«. I am positive this is th« man, Hess is now on Grand Island. To Mr, Harrison— I never observed the color of Townsend's eyes. His eyebrows were heavier than they are now. Jambs MoIndoe -I live in Dunnville and am a merchant. I have seen Williiini Towns end, he was on the " Mohawk" or " Mines" war steamers. I think he was Capt. Tyson's man, this wan in 1847 or 1848. I do not know when he left the vessel— I should take him to be 16 or 17 years of age at that time. I do not know whether he was discharged from the vessel. I have seen him occasionally in 1862, '68 and '64. He was working about Mr. Cameron's place in Dunnville. He worked at the Town Hali in 1852 or '63. I suppose I have seen him 40 or 60 times. I could not swaar to his eye?, but think they were dark grey. I have no doubt in my own mind Irisoner is the William Townsend I have been speaking of Town- send had a B«ar under the jaw. [Witness went up to pris'jner and swore to the scar being the same ] (Sensation) I have no doubt about that scar. * was at Cleveland on busi* nebfi when prisoner was arrested. I also gave evidence at Cayuga. I had no difficulty in recognising the scar then. 1 have received anonymous letters. [A letter was handed to his Lordship by the witness, but was not read.J I know John Horn, he is a Scotch- man, and speaks broad Scotch. Prisoner's stepfather is also a Scotchman. There was a scar above prieomrr's eye. 1 observe it now. Townsend wore his hair long, it is a little lighter now. To .Mr. Frkkman— This man's eyebro* a and Townf»end'B are about the same at in 1864, except that they are a little lighter. I could not say whether they united across the nose. No one aake i me in Clevelan) to give evi- dence against prisoner, I recognised him on the road from the gaol to the Court House, I remember speaking to David Dewar concern- ing prisoner. We did not speak of the iden- tity of prisoner. I have several times spoken to Townsend. He boarded at Cameron's. I might be mistaken about the sear. Townsend had no beard when I saw him. i do not think he would have * heavy beard. There was no appearance of beard when I saw him last in 1854. Abnkr Stringke sworn— -I remember (be day Richards was murdered. I saw Towns- end between ten and two o'clock on that day, about 7 miles from Port Robinson, in Pelham, I knew him previous to that time, and recog- nised him then. There was a man with him I didnotkooWo They were going west. I waa going south. Port Robincon is east of where I met them. I believe they changed their conrse. I saw Mr. Crowe a few minutes after. He said he was after Townsend, and wanted all his men to go with him. I told them I had just seen Townsend. We all turned out in search of him. They went west, but did not find him. I see very little resemblance be- tween the prisoner and Townsend. He doee not look like Townsend at all. I could Dot say whether he is or is not Townsend. To Mr. Freeman. — I have the recollection of Townsend in my mind. Prisoner's eyes are different from Townsend's. He had a small dark blue eye and a middling heavy eye brow. He wore his hair long and curled under. It was darker than this man's.— TownB(3Uid's hair would naturally h.ing strait. From my recollection of Townsend, I wvuld not say the prisoner is like him at aU. To Mr. Maodonald — Townsend's hair might have been darker from having been oiled.— It was straight. Jacob Wxavbr — I knew Townsend, the murderer. I saw him last in 1864. I had seen kirn often before that. He worked be- 17 10 Town Hall in e seen him 40 or to his eyes, but [ have no doubt is the William king of. Towa- jaw. [Witneis ore to the ecar I have no doubt eveland on busi* ted. I also gav« no difficulty in [ have receivaci >er WAS handed 88, but was not he is a Scotch- tcb. Priaoner'a I. There was • obenrve it now. Ill;, it is a littl« 'a eyebrow a and lame ai in 1854, ighter. I could across the nose, in) to give evi- cogniaed him on Court House, I Dewar concern- eak of the iden- 'ai times spoken t Camnron's. I acar. Townsend him. 1 do not y beard. Ther« rhen I saw him remember (h« I saw Towns- )ck on that day, ison, in Pelham. .ime, and recog- man with him I ing west. I was is east of whera changed their w minntea after, nd, and want«^:d told them I had turned out id est, font did not •esemblance b»- isend. He does II. I oould Cut wnsend. the recollection Prisoner's eyes I's. He had a aiddling heavy long and curled Q this man's.— illy h.ing strait, neend, I wvuld m at aU. ind's hair might g been oiled. <— Townsend, the n 1864. I had 9« worked be- low SL Catharines, and lived wWi Mr. Pat- terson, I know Towneend's mother; I have taken dinner in her house; Townsend was present ; the same man is in the dock. I re- cognised him last fail, here ; I saw hira in his ceil. Iknew him immediately I saw him. I remember faces wall. I would know Town- send anywhere I never noticed any marks parlicularly about him. I saw the one on hia cheok when I saw him in 1864 ; in 1850 he had the mark over his eye. It was in August, 1864, I saw him— before the murder of Mr. Nelles. The mark above prisoner's eye is the one Townsend had in 1860. I have DO doubt prisoner is the very man. [Witness did not recognise the soar on the jaw, but swore to a supposed mark on the right side of prisoner's face, where no mark exists.] To Mr. Frkfman— I have been living here since 1864. Townsend had a dark blue eye. Hj stood up boldly, and talked out plainly. Sometimes he spoke through his nose. I have heard him aing negro songs. He had a small foot. It is eighteen years since I saw him at St. Catharines; he was quite a boy then ; he will be about 26 or 26 uo«f . I saw him at Cayuga when I was working with hia father. Prisoner was there then. I saw him on the oanal,driving horses, four or five years before I went up to Cayuga. I have bee?i in gaol here. I was confined last July. I went to prisoner's cell to see him, but did uol get a good view of him. I have not heard much about prisoner. To Mr. HARaisoM. I was put in gaol on the 18th July; but not for any crime. I was in gaol one month, Gkobgk Buck. I live in Dunnville. I know prisoner. He used to be ci-lled William Townsend. It is about five years since I saw him in Cleveland. It wos the end of Feb. 186S. 1 saw him working in a cooper's shop ID Dunnville. He was not a good workman as a cooper. I had seen him several times before that. He left in September 1863. I then saw him two or three times a-day. Hall took me to Cleveland to identify the prisoner. I was a constable, and considered myBelt un- der the orders of Air. Hall, i was not sworn, because he said to me " don't you swear to him, for, if you do, they'll laugh at us when we go back." 1 previously told him I should know Townsend, and, after I had seen the prisoner I told (Hall) I knew it was he. I saw him (prisoner) laying in a little bunk in the cell The Sheriff told him to get up, when he did so, swearing some tre- mendous oaths. Then he reached out his hand end said, "How dy'e do Mr. Hall" He first asked him if he (Hall) knew him lato in the fall of 1862 in the Powhattan. He (pri- soner) asked him if he did not recollect hav ing been asked down to take dinner with him. Hull said no. He oiaimed no acquain- tance with me. I formed tne opinion that he was the William Townsend I knew. 1 told Mr. Hall that, if he was the man, there was a particular mark on his arm, which J. had seen when last I saw bim. This was the mark of a mermaid, on the left arm, which I had seen when he was working in the shop, I then looked at hii arm, but found no mark, as of a mermaid there, I was not surprised at this, because I knew th.se marks oould be easily taken out. The mermaid was pricked in with Indian ink. A. '• G. B." was put on my arm with Indian ink by a sailor of my acquaintance named Jacob TurnbuU, about twelve years ago. It remained on my arm for five years, but was afterwards taken off by a doctor M , of Gananocque. No mark is now visible. It was done by put- ting breast milk on the arm over the mark, and then pricking the arm in the same place again. My wife's brother had a mark of the same description removed in the same way. His name is Henry Duholin. He had a fish marked on his arm. and, on my telling him the way it was taken off, he removed it by the same process. I know others who have removed marks in the same way, There is a considerable change in the prisoner's appear- ance since 1864. He then wore his hair parted in the middle, Ica^, curled under at the end, and well oiled. His hair now is of the same color, aud only different in the way of wear ing it. I notice no great difference in his eyebrows. They may have been a little more bushy then than now, and his eyes are of the same color exactly. I should call his eye a light hazel. I noticed him walk in Cleveland. When he was first asked to walk, he kicked his feet up as high as he could, and swung his arms about and said " d'ye see thai." X was not deceived by that manoeuvre. His smile now is juet the same as Townseud's. His shoulders are just the same, and I have no manner of doubt the prisoner is Townsend. To Mr. Frkkman.—I had much conversa- tion with several persons about the matter, and always said that this was the man. I did not tell Mr. Weatherby and Mr. Chus. Stevens that he was not the man, or that I did not know him. This man's complexion is lighter now than Townseud's, but it was the same when I saw him him at Cleveland. When I knew Townsend he was always dancing and imitating niggers. Mr. Sam. Sukbwood was next examined. — He said, I saw the prisoner in Toronto gaol, whither I went with Samuel Higgins. There were a number of prisoners in the gaol at the time. Higgins went into the right passage (one of three) The prisoner was standing with two or three other persons, but Higgins pointed him out, saying, he thought that was the man. The prisoner had fetters on, but I did not speak of this to Higgins before he went into the gaol. Some couvyrsation passed between the two, Higgins saying " You are Bill Townsend." Prisoner said " i^ great many call me so, but I'm not." fie then poiUbCU UUL luc UisClcpOtivif - •>! •■"•• -» r tion given by the government, of Townsend, and himself, shewing why he was not Town- send. He said he knew nothing of Canada — did not understand the geography of the ooantry. He asked Higgins' name, aud, on 18 *: i^ j being tuld he walked Kway to the end of the hall. ComiBg back, oon vernation was re-commenoed about a boat, said to be stolen from the "Mohawk." Higgim remarked, " yes, you and your brother Weave-' sold it for $5 at Cayuga." '• No," eaid he, "that was not at Cayuga, but at Dun ▼ille." Nothing further passed, exee; t his saying he should be h;la>! to see Higgina again, and we then left the gaol. To Mr. Fkkkman. — I recollect that the pris- oner also sai' he had been wrecked once in Canada, somewhere on the Grand River. — This he said before he spoke of the bodt. The prisoner was the only ULan in irons. To Mr. hi AERI80N. — The conversation about the boat struck uue as being so strange that I reported it Hkzbkuh Davis eaid.— I was an inhabitant ofDunville for about twenty y* ^rs previous to a late period, and knew Wm. Towneend there. He used to work in a cooper's shop there in 1852, and I knew him in '52 and '58. — I was called upon by the U, S. Commissioner kt Cleveland (o give testimony, 1 happened to be at Cleveland on my own business, and a man came to me and asked me if I knew Townsend. He pulled a paper out of his pocket which described Towneend as a man with a small black ey-, black hair, well de- fined eyebrows. I told him then, that if they had such a man iu gaol for Townsend, they had better let him go, ior it was not he. I then gave a description of Townsend, describ- ing the scar over his left eye, and the one overthe jaw bone. Before long, I went to the gaol, and was introduced to the prisoner. 1 shook hands with him, and while doing so 1 noticed the scar over the eye. He saw I did so, and turned round, where pon 1 perceived the scar under the jaw. The scars were not so distinct as they had formerly been, They are now lees distinct than they were at Cay- uga, but the scars are the same. (The jury here examined the scars, and the witness continued.) His personal appear- ance was changed from what it was when I knew him, and I should not have said positively he was the man unless I had seen the scars His personal appearance has changed even within the last few months His hair was lighter and his eyebrows darker At Cayuga than now. Two of my sons left me, and came back after about five years; their beards were grown, and I did not '?now them. Mr. Macdokald— That shows that a few years make a great difference. Witness (in answer lo a question)— -I did mistake, at Cayuga, Mr. Barker lor Mr. Stevenson, and said, "How is your brother, the judge f '' Prisoner is a little more stoop- shouldered than h<9 was. .... ..... , nn.';ni-^ — /J fc xjayugS i UcSCfiueU the scar as a circular one. Mr. Fbeeman read from the evidence—" It is a email perpendicular scar," (be. Witness (to Mr. FrkemanJ—HIs hair, as I saw himinDunville, was inclined to be sandy — BO were bis whiskers. He had a light blue eye. I acMunt for the prisoner's hair being darker now by his having dyed it, or put something on it. Mr. Wetherby, the other day, did not bring up a lot of Dunnville peo- ple for me to recognise, who, having known at one time, I then did know. Mr. Darling did this. There were two of them that I did lot know. When my eons went away, one of thenc was under 21, and the other a married man — older. Abel Young said. I have seen the prisoner at the bar. His name is Bill Townsend. I have not the nlightest doubt* I came to know him &i the latter end of 1858. Hu aad others stayed at my place on one occasion from Fri- day night to Monday night, when they had a show. Townsend had on a black wig, had the tambourine, and danced. He also dresse<1 in female dress and played " Lucy Long. He did It very well, too. I thus bad a very good opportunity of knowing him, and, indeed, I knew him off and on for nearly two years.— Three days before NcIIkb was murdered Townsend came to my place early in the morning, together with Bryson and King,-— King wanted to stop and have breakfast.— The others eaid no, the rest of the boys were up at Cook's. They then went away, and I beard nothing more of tbem until the murder of Nelles, and saw nothing more until I saw him at Cayuga. Then he looked natural about his eyes, but yet he threw them kind of strange like. He seemed in other respects as if he had failed considerably. It was rather dark iu the cell. He then had a beard on. When his beard was removed it made a great difiertnoe, a.id I recognized him better. He used to wear his hair differently from what bo now does, not eo high off the fore- head, but I have not the least doubt this ia Townsend. To Mr Freeman — I am sure I saw himio April, 1858. He was about also in the fall. Barton Wait said. — I live at Gainsboro. 1 met Wm. Townsend often, and became well acquainted with him, I think there is alittl« difference between thin man and Townsend. I thought Townsend's hair was a dark brown, and his eyebrows heavier. He used to wear his hair loug, and straight down, I swore at Cleveland aud at Cayuga that this wa?Town send, but a good many who knew him better than I have said he was not. Townsend one« shewed me a scar on the right foot. I was showing a eoar on my kuee, whereupon he pulled off his boot and shewed the scar on his foot. I saw it plainer then than I did at Cleveland or at Cayuga. I told one Cornell, before I went to Cleveland, that if this waa the man there was this scar on his right foot. When I went I found the scar. When I first saw it it was very large, but in Cleveland it was very small, but in the same place exactly. Mr. Macdonali*. — I can bring a doulur to prove that Ihey do decrease. Witness (continuing.)— I thought Towo- eend's eyes were smaller and darker. I thought he had a dark brown eye, but I may have been mistaken. To Mr. Freeman.— I don't say poeitiraly 19 >ner's hair being dyed it, or put lerby, the other af Dunnville peo- o, having known w. Mr. Darling if them that I did went away, oue e other aojarried Been the priaonar :il Townsend. I I oan[>e to know (. Htj aad other* scasion from Fri- when they had a i black wig, had He alao dressa<1 Lucy Long. He Had a very good n, and, indeed, I riy two years.— was murdered ice early in tha 'Bon and King,~~ tuve breakfaat.— of the boys wera ent away, and I until the murder more until I aaw looked natural hrew them kind in other respeota rably. It was .hen had a beard noved it made a aized him better, differently from ;h off the fore- last doubt this is ra I saw him io also in the fall. at Gainsboro. ] ad became well k there ia a littls and Townsend. IS a dark brown, tie used to wear wn. I swore at b thiB wa?Town knew him better Townsend one« ;ht foot. I was , whereupon he d the scar on bis than I did at old one Cornell, that if this was •n his right foot, r. When I firat t in Cleveland i( ne place exactly, iug a doctor tiO thought Towo- and darker. I I eye, but I msy say poeitivaly this is Bill Townsend, but I think ao. The joints on Townsend'a feet were large, I think. This man has midling aized joints, and unlike Townsend'a. Pkter Potts deposed. — I know the prisoner in the dock- He used to go by the name of William Townsend. He and one Wnavt^r used to go about singing darkey aongs I boarded at his atep-father's for a month or so, the prisoner being there two partfi oftb- mpany with Town* idrent times. Wa ville and Gauboro, 'ittBvillu. We had ng and singing. I danced and sang, ne, castanets and tpon his face above left jaw. These I les asked me to see elean off his face, it cork and tallow rst sight I hiirdly , but the scars de- my knowledge I D(i. The featurti* r. 'st sight I thought said so. Ue oame d to say, air, that I made no answer, [ did nut think be afterwards I aeot i him I thought be een the prisoner • ,1, but I had seeo an. Townsend had id the joints of hia ; he had to wear it. Yo'i could see t. I can't say any- I eyebrows or hair, 'he scar on his foot over the eye w»» ore above tne eye- I'ek runs so (point* be scar on the foot 'king on hia boot a uesied to bare bis 1 a soar on the in- i the toe joints are at Skinner's eor- Clbveland to give i still believe thie tid a scar over hia 3nsidcrably larger [3 now. He is pal I be wan. His hair than it was. He oil it under; while he parted it in the middle. Hia size and build correspond with those of Townsend. His eyes too are about the same. I have no doubt that be is the man. To Mr. Fkkkman— I swear this is thn tr.an. I aay that Townsend had a blue eye, I went to Cleveland with Mr Tupper. Somebody — I don't know who— paid my expense?. Chas. Brooks said. — I have lived ^t York on the Grand River for 14 years, lees 6 when I was at Canboro Whon I look at the pri- ioner in the dock I think he is William Townsend, and yet my recolltictlona of Wm. Towneend are diflFerent. His featnrea are not exuctly like Townsend's, and yet I think it is he. I saw Townsend often, I knew him first in 1847. The next year ho went to eail on the lakes. He returned to spend the winter at home and went to the lake again. On land he spent a wandering life, 1 saw him and McCoy show at Cauboro. I observed a scar over his left eye, nearly the ehape of the eye- brow. It is not so plain now as when I first a»w it. He could imitate various dialects. To Mr.FREKMAN. — I knew the whole family. To Mr. Macdonald— The prisoner seems longer from the back of the head to the chin than Town?end. Prisoner — I came of a l"ng headed nation. Witness— Yes, he has a long head. All I can say when I lOok at him is that I think he is Townsend. I saw prisoner in the box at Cayuga, and then felt confident it was Town- aend, Afterwards I went out, and, on seeing the fcisterc, I f-el as if I mitht have been mis- taken I feel it my duty to say this. To Mr. Freeman. — I don't thirk there was • very strong likeness between Townsend and hiaeielers, His hair was not so dark and his eyes not ao dark either. I said at Cayuga I was Bcrry I had sworn to him so positively as I did. At Haw's tavern I said " I wish I aould swear my oath over again." The oourt at this time, 10:30, adjourned, the room being still crowded with mala and female epcctatora » m »«■«■ TuE8x>AT| March 80. Puoetttally at nine, his Lordship took bis seat, and the jury were aommoned to their box, Jamks CoRNWAtt was the first witness ex- amined, and said— I live about a mile from Merrittsville. The prisoner seems to me like William Townsend, with whom I first be- came acquainted at Pelham, The last time I saw him, before he was imprisoned, was at Diffin'a, the night after the murder of Nelles. He oame thither in a buggy, a little before aundown, in company with another man, whose name 1 do not know. He spoke to Samuel Burrows in my hearing, saying, "Did you hear of a murder up west?" Burrows said " No." " Well," Bald he, " there was s man shot, of the name of Nelles." Nobody had beard of the murder there previously. Townsend mentioned no circumstance con- nected with the murder, which he said had been done " last night." There were two ethers present besides Townsend and I. He remained but a very short time after sun- down. T'i!3 witness was then removed for a time, while Mrs Atrbb was examined. She said — I live in Merrjttsvilii*. I knew William Town- send in 1863, during three or forr montha. I met him at Diffin'a tavern, where he waa bonrdipg. I lived nt that time close by. He ba i a pcar over his Ifift eyp. The prisoner in the bnx I call William Townsend. I saw him in goal hero, immediately after be was brought down, and on his asking me if I knew liim, I said he was the man. I have not S'en him sincv, and I am Mil of the same opinion, viz : that he is the fi.%r\. — He is thinner and paUr, but Iremt-h no other change in his appearance. He used to wear his hair longer, and the colour of his hair is perhaps a little darker now than then. His eyebrows are pe'^haps thinner than they were then. His height is th«» same. The color of his pyes toD are just the same. To Mr CuRRiK— I don't recollect whether he used «o wear whinkers, and I recollect no other soars on his face but the one over the eye, Whpn I went to the gaol I expected to see Wm. Townsend, and I did. To Mr. Maodonald — I recognised the pecu- liar sraile on his countenance. Mr. Wm Atres recollected going to the gaol with Mrs. Ayrei, his wife. She went in while I and some lady stood outside by the door. She gave me no opinion as to whether he was or was not Townsend, until after we got heme, when she said he was the man. — She said she had not satisfied herself at first sight until he commenced laughing, when she saw ''Billy Townsend" to perfection. He said she might as well hold her tongue about it. To Mr Freeman — He always seemed to say the evidence against, him was got up to per- secute him — and in that connection he said it would be of no use. Mr. Cornwall was thet, called to give further evidi-nce, as follows. When Town- send left Diffin's he went towards St. Catha- rines with the same man that went with him. During the wet-k I beard that he was himself the murderer. I was examined ai a witnesa at Cleveland, whither Mr, Hobson asked me to go for the purpose of identifying him I know Barton Wait. When I was going he told me to look for the mark on the right foot, x'hich, he paid commenced from the big toe joiot. The prisoner, at Cleveland, 'JM unwilling to shew his foot. I told the United States Commissioner thar, to the best of my knowiedge, he was the man. I swore to him again at, Cayuga, und I do so now for the third time. I have no doubt in my mind about hia identity The mark on the left brow looks the same as the one Townsend had. I recog- nised h'lT! fttnnflr. To Mr. Freeman— When Townsend told ua of the murder of Nelles, several others heard him, but nothing was eaid about it among them that ovening. Robert Potts Deposed.— I live in Wing- field. I learned to know Wm. Townsend at 22 iti n i'! -I «i In ■ Diffin'i, Bix or oeven yeare Ago, but I saw ■aw him several timeB afterwards. The man in the box is he. His face is not bo fleshy and round as it used to be, but the feat- ures ar« exaot'y the same. I noticed no marks on Townsend, eo I speak from the gen- «/al appearance of the features. His hair is darker now than then. His eyes corres- pcnd. The eyes are not so heavy now. I have no doubt at all that this is the man. To Mr. Freeman. I wer.t to the Cavuga trial at the request of Mr Tupper, but I was not sworn. I told Mr, Tupper I wanted to go home, and he said I might go. Aason Jennings sworn, said. I live in Pel- ham. I was not intimately acquaici d with Townsend, but I think I saw him o en- ough to know him again. I saw him oe, or it might be oftener. Its my belief that the prisoner is he. I recollect going to the gaol last month along with two ladies. They went out first, and I stopped becaused he •eemad to have an inclination to talk with m«. We had a conversation by ourselves.he tailing ma about his adventures and, when I aame away, he said "What a d — d fool I was to tell Sheriff Hobson what I did about you." Mr. Maodonald wished to ask what the witness' impression about the sense of this taswer was, but was prevented. To Mr. Freeman — My recollection of Toxvn* a«ud is that his cheek bones were prominent, •nd face rather long. I never saw him with bis hat off, so I did not at any time catch the «XDression of his eyes. I was one night a' a raffle with him, playing with him. Shbkiff Hobson deposed — I recollect being #«nt to Hee the prisoner at last a'^i^izes to know by what name he would be indicted. He said (herewere a number ofCayuga witnesses about parsecuting him. I said Mr. Jennings hai not peefi at Cavuga, and was a respectable per* «oa, when he remarked "I know Mr. J^^n- fiings " I can't say whether prisoner b»d aa«n Jennings before that. Mr. Jennings was le-oalled, and aaid he hni apt seen the prisoner before Mr. Hobson had been to see him. Alexandsb Allxm t«atified->I have lived in Dnnnville for 13 yeara I could not say who the prisoner Is, but ha "favors" Townawnd »erv much. I noticed Townsend particularly at Dunnville. I remember that be lived at Mr. Oameron'a, there, whila I occasionally boarded there too, and so did Samuel Hig- gins, W« u?ed to play in the Bowling Alley logethet. a« was very active and jometiraes ased to throw a couple of somersets after roll- ing the ball, and before it struck the pins.— • I observed three different scars, one over hi» i«ft eyebrow, another under the left cheek, and a third on hie foot, cn.t by a cooper's edsA, which I saw when it was ao,e, bat I ean'tiay whether it waa on the top of his foot or on the bottom I have rot seen the soar on prisorer's foot since he has been in prison, tt might be an inch or more m length. The soar on Townsend'e jaw was very much like that on prisoner. I described it before I went to Cayuga as a witness, and it agrees with my description. The soar ia pretty mnoh the same now as when I saw it in Cayi^ga, smaller if anything. The scar on Townsend's eyebrow was not a straight one — it ran just above and pretty even with the eyebrow. It resembled the one on the prison er. I am employed in Dunnville in running a hand cart and the people call me "wheel • arrow Jim'' That mokes oo difference io ruy evidence. To Mr. FreemaN'-I did not say at Cayuga that the out was underneath his foot. Mr. Freeman read from the evidence to the fffect ^at witness had said " Townsend had a Ecar i the pole of his footmadeby ateppiog OP a CO ei's adze." WiTN* £'—contiauiijg~-I deny that I aaid thp mark was under tlie foot. Wm. Hartley said. Wm. Townsend work* ed for me at Thorold at oooparim^. He waa a very poor cooper, and he made but a few poor barrels. He did notdu his work proper* iy. I told h;m so, and he left. I recognized him last fali by hie voice, not by bis appear- ance. He tiad a beard then, whereae,when I used to know him he had but very little hair on hie face, and that chiefly on the upper lip His hair u«9d to be worn long, instead of short, and in abort, I could not rc^member his features at all. Prisouer speaks, however, just like Townsend — there is uo difference in bis voicj. Tuwnseud, when I knerf him, mi^jbi bfi from nineteen to twenty-one years old. James CnAMBERa deposed,— I t'liuk the »'.%■* and general appearance ot the prisoner re- s' mbles Townsend'a. (Ttiis wi.nees, before giving bid opinion, '.indt the prisoner turn rounu io get a side view of the taoe, and aft»r< w&rdB put a hat on, pulled dowo over hia face. I uaw Townsend at Diffiu'ii and after- wards at Mr. £. Jenning's of Waii^iliet. I also saw him giving a show in the wiuter of 1853. Sly wiff^'s brt^tber ia married to aii auat of tbe prisoner**. Chas. W. HxtLKMi deposed.— I live at flU Catharinea. I knew Wm. Townsend when ba was a boy. I also saw him five and six years ago, a number of times. Before that, too, I ooca iionally saw bim. I met him at the Juoo- tion and at Duff's tavern. I knew his appear- ance 80 Weil that I thought 1 could reoognice him again. I remember once that three teams were towing a veasel, iu May '64 Now the rule is that uo wood ia to be loaded froot tbe tow path. Two of the teams, however, cast off to let the line pass ovnr the wood, but tbe third did not do so until the captain had him, several timee. When they came back, riding, the next day. I asked the man in charge of their tcjau* why be waa eo strbborn, aud wished to get me into tioublo. 'ie made oo answer. This man was he culled VVm, Towns* end. i saw this man again on the Friday after Keiles' murder. I have a cooper's shop which many people come to seu. Oarrett Patterson came in op toe Fiiday, with ano> ther "lan to whom I paid no attention until, as he was going out, when he seemed to me to be Townsend. I have since become satisfied he was. In January last, wiien I was up )tion. Tha «c»r ii ' as when I law it ling. Th« Bcar on Dot ft (Straight one 3tfy even with th« one on the priaoa iville in running • J call me '* wheel )a DO dififerenoe in not flay at Cayugft >h hia fooU he t'videnoe to the 1 " Townaend had t made by ateppiog deny that I taid >t. \. Towuaend work* oparintj. He waa .e made but a few ) his work proper* left. I recognized lot by bis appear- n, whereae.when I )ut very little hair 7 00 the upper lip long, instead of t not remember hia lakfl, however,ju9t difference in bis . kue'-f him, mi^bt -one yeara old. 1—1 tbiuk the a'.ui the prifonor r«- ia wi.neea, before the pi'iiioner turn the tace, and after* h'd (iowD over hia Diffiu'* and after* )f Wair.il'^et. I alno »be wiutH.r of l8dS, id to ail ttuat oi the Dsed'— >I l>v« at SU Townaend when b« 1 five and eix years Before that, tao, I et him at the Juoo- [ knew bis appear- 1 1 could recognise OB that three teams lay '64 Now the be loaded from tbs ms, however, cast the Wood, but the le captain hadhita, ' came back, riding, e man in charge oi to et':!bborn, 4u4 ible. 'ie made »o culled ffra. Towns- gain on the Friday tve a oooper'a shop e t'1 een. Oarrett Fiiday, with ano* no attention until, he aaemed to me to !e become saliefied St, when I was up here on buaineca, having a d»sire to ee« the prisoutr, I obtained leave to do so. I went in with Mr. Yale, and a ffw otluia I waa under the impreaaion that the prisoner wore moustaches, but when I went to see him, although he had rot, another man in thp Pome room had, I expre?sed raysplf convinced thaV the man with tnou8tiob.a waa no Townaend. I then went into the rrisoner'a cell, whither he had retired, and asked him to conversd -- I #aid I had no bueinef?« there, eiive to gratify enriosity.He complained that a lot of "t wnmp angels," aa he called thorn, came in and went out, telling all manner of atorifis about lf.m. He naked if I w.-uld be candid. I naid yts, and convereation commenced. I said that at •uch and auch a time I and Town.^end a father were working for Mr. F lling. build log the piera at Port Dalhou?i«. Prisc)uer •aid '■ you were driving piles." " Yea, I aaid. He immediately recovered and (aid, " what did yon remark you were doing. " I wad in a piling machine," I r.^ - plied. I am confident I had not previously lold him what I had been doing. He made •everal remarks in regard to the Towosend family, saying that their orgp.nization was different, and hia own relatives had euoh different heada from the Townaend family that be could tell the diffrrercft in the dark. or blindfolded "You know," aaid he, "^^the Townaend tribe is an Indian looking one. I •aid I did not think they were, and that hie forehead, chin, and other ft'atures wore like theirs. He said people could ea8i;y h^ ims- laken. I said yes, but it was not ro eaty to deceive ocfi'a Maker. He tben proceedad to nee some harsh language towards Mr. Mc Coppin, various other relatives, and the Go- vernment. I cautioned bim not to indulge io auch lansinage, and said I presumtd hia mother did not teach him to uae it. Here- opon he b«c:>me much affected, aid tears rolled down hie cheeks. In a short time he recovered. He asked, when I told him Town- eeud had been in my shop a da or two af'.«r the murder, if I knew that ha w -s the mur- derer of Nellea I I said no. I then naid I thought he was doing wrong in r.o*. givii g an iccount of his past caret r, tor that I and othera would then give ev ry aasistance to bring «>.vidence to clear him. He repred— •'Mr. Hellems, vo^^ <^.rt i>o* br^w my family bietorv. There are miny things conreyted with th«ir history, which, rather than expose, I would die on the gallowt* " JoHM RoBiNsoi* said. A day or two after the murder I was working in ibu neighbor- hood of Loudon, at Ekfrid station or a f-.w Ojilot eest of it, diawincr piles und putiir-g others in, on the Great W. stern Railwiiy. Im the afternoon, about 4 or 6 o'clock, I f aw this man walking on t.ho tr.i^k towards the sta'ion. He passed close to me with in a yard or two. I noticed tbe sear over hi? eye »ni^ by the dt^scription which had been giver. in the papers I thought be waa Towneei.d, I eaid to one man who was working with me " I think that is Townaend" " No," taid he '• it can't be,'. " Well," eaid I " I think it ia," and I walked after him to the station. There h«' a«ked when the train went West, and the station master told bin;. I said to several people on the platform 'hst 1 thought he was Tuwnsend, but thej said no. and did not care to arrest him, so be walked rtellestly in and lilt of eV'Ty place until th^ train oame up, when he Went nway. I have not ee»'n him from that lime u: til yesterday when 1 came into court, and, sc-ing him in the box, I said that is th' man I saw puss me on (he Great WfsteiP Ruilwuy. I was h«re as a witness in a case la^t fall, but did rot see the prison- er. The dock was ihei. in a diff«rent part of thii court houfe, and I was ralher surprised at sceiog the man I took to he Townsend among the Jurymeij, i>p I i-upposrtd, I am positive lh'> prison( r is the man who laased by me at that time. To Mr. Freeman.- I am a railway contrac- tor, living at Milbro k, townah'p of Cavan. Mr. JoBKrn Mainb testified I reside at Gaineboro' I knew Williao) Townaend. I bfcaoie acquainted with him in the fall of 1863. I worked fo:' the ?ame man that he did, and boarded at the same place with bim for ubout a month, eating at the same table. I saw prisontr nt the Cav Ui;* trial, and again here, I should oall him William ""ownsend. I observe the pcais on his face to be exactly the same. He coinbrt his huirup higher now and his eyebrow.- ar'^ a little higher. I am posi- tive the prisoner is Townsend. To Mr. Fbkkman. — TowD?end was s nice sort of fellow. He kept v^ry good company He did noi amuse us by tricks at all. He had very lit le music in him. When I was at Oajugol did not te'.' anyone I knew the prinoner to oe Townsend, John Maktin deposed — I live in Dunnville. I have fr.quent'iy asen th<-re a countenance like the prisoner's. I uever know the person who had it njr heard the name, all I know is that I Law 'he countenance frequently in 1862 and 1858. I tbirk, too, I observed that person to have a walk similar tr the prisoner's. The prisoner is fair, but confine- ment, I should suppose would make that difference I saw the prisoner at Cayuga and the couotena' cc struck me. Prisoner — Be sure, sir, take a good look at me. Remember the consequence. Witness — I am pretty positive. Prisoner— I think yt u are mistaken, sir To Mr Fkkkman — I liave had a conversa- tion with lies, to-day ,who just asked if I was a witness in the case, I told him what I now say. Mart Ann Stringer said I remember the robbery of Mr. Guynor. 1 taw the prisoner the same d«y it '-ci-s cnmniitt«fl He was be- tween St^-iaiford axid he tow nnoip of Thorold. There was atiother person in his company- Tht-y W'.re si! tiny" on a log, eating buns. It waa in a lonely place, near cross Dads but no houses close at h'md. I was coming from Mr. Brydon's and going to my home. When I came' to the men, one of them said, "Sir, atop." I said I would not. They e.iid I must, bat a waggon just then came up the orofa m,:i , road, and the driver took m« up- Th« pri- Koner was onlv 'hr«e or foor f«et from m«, Hin hair waa lont^er then than now. He had on a drab rowdy hat with a band, like the one produced. He wm h'ghter in oomplex* ion than now,bnt, notwithatanding my fright I have a diatinct reitoileotion of hie features. To Mr. Fkrim AN— I abnll be 81 y«»r« of tg* xi«-xt June. Jahrs PaitLirs (colored) naid. I am a bar- ber. I have praotioed my tradf in New Or- leans ; I came here in 1842 I have known oaeen in which change of climate in ciroum« •tances has made a difference in men'a beada, after they camo to be 22 or 23 Eyebrows can be made lighter by plucking th*^ hair out with a pair uf tweezerK, acid alao as I have heard, by putting on eouie etuff. 1 have heard, too, that there u some stuff with which you can take the hair off the top of the forehead. To Mr. Frkkuan — I never took e man's eyebrows or hair off, or saw it done. I think I could always tell whether a man i* to hav« ft hoavy beard or not. A. J Burns, M. D , eaid — Some people art Qoable to discern shades of color?, or one co» lor from another. I have heard of persona* eyts growing lighter or darker, so that it ia possible for a man to have a dark blue eye one year, and a light blue one four or five ^ears afterwards. This would be from a de- ficiency in the secretion of colouring matter. A man's bead, too, may be increased in size by the active exercise of the brain. Increased activity of the brain may or may not increase the size of the head, I have known bumps on a man's toe joints, caused by disease such as gout, or by the friction of boots, by the thickening of the outside pkin, «ko. Some may be removed. I think scars inflicted in early youth may diminish in ftizs, or, in some oases, disappea. altogether. Scars are visible on the complexions of some people more than of others. The son would not tan a scar, as it would the rest of the face. Hair oil gives eandy hair a darker shade. It is possible to pluck out hair, and prevent its growing again by a preparation made to destroy the bulb or root. I don't know whether change of climate would affect the growth of hair. Dr. AuQusTUs Bbooks said — Cases are com- mon in which persons canuot distinguish blue from red. I know of one instance of a change of color of the eyes. One person's eyes whom I know had light blue eyes when a child,they are now dark hazel. She is grown up and 22 years of age. I have known no such change in an adult, or a change from dark to light. A man appears to have a larger eye when great emaciation of the face baa occurred from aicknesa. I tiiink hair can be removed, but not without leaving a mark upon the ekin. Scars may grow lees, in time, especially at the ends, where they eometivos become indistinct. The continued use of tight boats might en- large the toe joints, and, in some caies, the cau-e being removed, the enlargtment would disappear. I think I have noticed that edu- cated men have larger heads than the ignor- a.Qt, and increased activity of brain eometimea enlarges the head. Soma men notice and re- collect peouliariti's of person or dress which others do not observe, or think of observing. Mr. Maodonald here proposed to product •videncH loehtw thit witnesses had been brought from Cleveland to testify that th« prisoner was an EngllMbman or Amerinan. His Loansuir aaid he could not allow lueli evidenou to be received He would take eri* dence ae to statements the prist ner bad made, but not as to what hat* been said by witnesse* in hia behalf. Mr. Habbisom aske.' whether, if the prisoaer had been in gaol at any plar>c, he could pro** this by the gaoler, and shew whether be t%d called himself by a different name. His Lobdsuif said certainly. This closed the case for the proeecntion, at twenty toioutee lu fitre o'otook. THE X>EFE3>TCE- Mr. Fruman stated that, owing to the ab- sence of some of the witnesses, he could not adopt a connected line of defence. Some conversation took piece about the ad missibility of the evidence of witnesses who might have been in court during the trial, after which Capt. Lewis deposed. ~I am a sailor, living at Cleveland. I am the captain of a propel ler. I know the prisoner in the dock. I be came acquainted with him in August or Si?p- tember 1862 I was first mate on the "Pow- hattan." Prisoner was then a stoward, and continued on board until the 18th of Dtcem- ber, v/hen nhj went ashore near Ashtabula. He wai" thiivi .'tnown as c^.oj(ert MoHonry. I h ive not the .lightest doubt that the prisoner is the Robert McHenry who sailed on the " Powhattan." I did not again see the pris- oner until he was arrested. On tho •' Pow- hattan" he used to be a quiet, sober man. He used to swear a little, but, barring that, I con- eidered him a steady moral man. His hair is now just the same color as it used to be ; he always wore it brushed up off his forehead. I took no particular notice of his eyebrowe, but I think they look much the sam • now as then. I understood him to say he was a Scotchman, To Me. MA0DONAI-D--I have not been inside the Court eince the Deputy Sheriff told m*" the wiineeees for the defence were to remtin outside. I recollect some coopering being done OB board the " Powhattan, and I think I have seen the prisoner putting old hoops on barrels, if you call that coopering. I came here at the request of Mr. J<>ne8, of Cleveiocd. Prisoner was ffon«raliv n-lluH Rnh «>• Rob and he was called McHenry not Henry. I saw him write and I think be signed his name "Robert J.McHenry ."He spent his spare hours generaliy in writing or reading. When prisoner was arrested I went to see the ship's book, to make myself certain, and I saw the name Robert J. McHenry. His face is whiter men notio* and r«- son or drena whioh bink of obserring, >( o8«d to produo* ntnuHseA had been to testify Ihat the an or Anierican. lid not allow huqIi le would take eri- pritii ner bad CDud«, 1 laid by witnesaec har, if the priaooar iite, he oould pro*« w whether be bftd t oatDe. >ly. ha proaeootivn, at )ok. owing to the ab- see, he eoutd not ifeuoe. Inoe about the ad of witneseee who dnring the trial, \m a Bailor, living )tain of a proper 1 the dock. I be* n August or S^p- te on the '* Pow- « a atfiward, and e 18th of Dtcem- near Aahtabula. i«jrt MoHonry. I that the prisoner 10 sailed on th> jain Bee the priw- On tho •' Pow- t, sober man. He irring that, Icon- man. His hnir in 1 used to be ; he fF his forehead. I 3f bis eyebrowe, the sam ' now aa eay be waa a e not been inside ' aheriff told mv were to remiit coopering being ttan, and I think ting old hoops on opering. I came nes, of Cleveland, led Bob or Roh •y not Henry. I e signed his name t his spare hours reading. When 1 to see the ship's 1, and I saw the lis face is whiter 26 tbaa it waa theD,bat that in the only point of difference I see. I never aaw him intoxicated, I have beard him bum or him while at hia work. I never caw him dance. He had no rausioal initrumentB. When we were wrecked the veeacl wnegot off. I don't recollect noti- aing any other Hoar than the one on the cliin. Captain Turnbull was then my euperior oflBi- eer, I rather think I ehould know the pri noner'* band writing. I should ju Ige this (letter produce 1, written to the Sons of Tern geranoe, California) to be his writing. Per- hapa the writing ia * little better now, but the general character ia the character of his hand. 'iJaptain Turnbull told me that in Feb. 5 or thereabouts) ot 1864 he he had received a etter from this MoHenry. He said, " Do you remember Robert the cook." I said "yes." Be proceeded, "Do you remember his talkine •bout going to California" I eaid " yes. Baid he, "I have got a letter from him, and h«'e there " He then told me some particu- lars of what the letter contained ; it said Mo- Henry was about 100 miles in the interior working in a saw mill at $100 a mouth. I did not think of the matter from that time until Ibe prisoner wan arrested in Cleveland. Then Captain Turnbull spoke to me, but neither he nor any body else spoke to me or remind- ed mo about the date. I am rure it was in 1854, but I am not positive it was in Febru ary. There waa enow on the ground. Pre vioui to the arrest Captain Turnbull only told me of hit having received one letter only. CoRNELitu MoNkil Said. I have livfld in Dunnville for 6 yeara.l knew Wm. Townaend well, having become acquainted with him at Cayuga Station in the year 1853. I drove the atage thence to Dunville. My father was the proprietor of the stage. I knew him well.Tha prisoner is not the Townsend I knew. He had • low forhead, dark eye brows ; sunken eyes; I don't know of wha*- color; dark hair. He never looked a person in the eyes, but had a downcast lock. He wore his hat down over his eyes. I saw the prisoner at Cayuga Assizes, and was of tho same opinion then as now. To Mr. Maodonald— I don't know that my father has any bets aa to the result of this trial. I have heard him oflfer to bet, but I don't think he has any money upon it. He off>:!red to bet this was not Townaend, I did not leave court when I heard witnesses were not to be admitted, but I only came up to- day. To Mr. CuRRiK —I offered to bet because I was sure the prisoner was not Townsend. Bkbnard Carroll said — I knew William Townaend well. I became acquainted with him in DonnviiIe,t wo years before the murder of Nellea. He worked in a cooper's shop. I recollect his boarding at C'imeron's. We played cards together oree. He was a smart active dancing young man, rather small. He had dark hair, which he wore long,cut round even. I think his eyes were dark, but I won't swear positively. He had black heavy eyebrows. I have seen the prisoner at Cleve- land, tfter his arrest I was up there on a vessel, and, hearing Townsend was taken, as i knew him, I went up to the gaol. This was on a Sunday, and I whb told I could not see him then, so I went away. During the week Mr. Ilea oamtj to fetch me to aen the prisoner They sent roe in to find Tuwnseud. I oould not pick him out. To Mr. Harbisom— I expect to pay try own experises, and I have no bete on the r«t«uU Ezra Smith said. Townsend haJ a low forthaad and dark eyes. I hardly .hink Townaend could have ha;^ a scar without my knowing it, I ohservt'd none upon Irm. He used to come into my house just like one of my own family. My son married one of the Townaend girU, and has five chiMren. But I thin' that if TowuHend were ought ho ought to be punished, and I have no dt>sire to screen him. I saw prisoner at Cayuga, » fortnight before the trial, and coull see no resemblance between him and Townaend. I never kne ^ Towi send get into any particular Burapes. He used to sing negro aongs. Town- aend s feet were big, with high joints. This man's feet are email and smooth. I am sure this man is not Towiisend. The joints in Townaend's feet were naturally large.so much so that people used to laugh at ihem. To. Mr. Maodonald. — Mr. Fiaudera subpoe- naed me, but I pay my own expense"?. This man has not a single feature like Townaend's. He looks no more like Townsend thin you do. Townsend may have had aaars, but I never saw them. AirBBO Cawfikld deposed — I have the re- cellection of William Townsend. I have no doubt I should know him if I were to aee him. I saw the prisoner at Cayuga at the trial. I did cot know him. I have not the least belief that he is the man. I see nothing in him that looks like Townsend. Townsend combed hia hair down, and hia forehead was lower than this man's, I have sat in the achool-house and looked at Townseud'a eyes of'cn. I am sure they were black. I nave heard him called " blackeyes." This man's eyes are larger and lighter. Townaend's eye had an expression which I did not like I did not like the man, any way, for he did not keep good company. I never heard of a scar being on his face until I heard the description given after Nellea' murder. To Mr. Maodonald— I believe there was a description of Townsend, mentioning a soar on the forehead. W. E. Badoeley testified — I live near Can- boro station. I nave lived there since May, 1862. I knew Townsend. I saw him proba bly a hundred times. I should know him again if I were to see him again. I was at the Cayuga trial. I wa^ not a witness there, but I saw the prisoner in the dock, He ia not William Townaend. I never heard of a second William Townsend. Ijl saw no scars on his face. He always wore a downcast look. To Mr. Harrison — I only conversed with Townsend once, and that for a very short time, aboat an order for lumber. I think he 26 ;'-■(? a a 1 TowDsend in these Buck is more poai- prisoner's identity was a little shorter than this man. I saw no mark on his face. He generally parted hie hair on one side, and brushed it over his fore- head His hair was dark brown. This man's had a shade of auburn last fall. I can't see it now by candle l;j;;ht, I a,lwayfl thought his eyes were black or (5ark brown. L. G. Wktheeuy depojod. — I have rf-oided at Dunnvillo for twenty two yeirs. I have been the Reeve of fcba place. I k-jew Wtn Townsend. His ccuntenace.j was quite famil- iar to me before the summer of 1 854, when I learned his name. A robbery had bet?n com- mitted at that time, and during tbe invoetiga tion I asked his name, becauae I looked upon him with some suspicion. I saw him repeat- edly from that time up to Ootobi-r. The tuorn ing after the murder of Nelles I was returning by the cai s from Paris — I was a director of the road — when I noticed parties come on board at Canfield. I did not notice their coun- tenances, but one of them I have no donbt was Townsend. 1 know of no scars on the face. I first saw the pi-iaoner in Cayuga gaol, i then said he was not Townsend, and I am of the sf Tie opinion still. I was not examined at Cayuga. I see no reaemblance between the prisoner and Townsend. I think there is a general opinion against counties. To Mr. Harbison — Mr tive now concerning the than he was when be returned from Cleve- land Townsend wore his hair log. Ha usually wore his shirt-collar turned down. I never otderved a scar under hisjaw, Edward Wigg deposed — I lived in Cayua[a, I first saw Townsend ai, Bo-emsville in 1851 next at Cayuga station, in Fvbruary, 1854. I saw him at Flanders' tavern about nine days before the murder was committed I knew him well, and, wh-jn the priaone was arrested I ceitainly expected fo see Townsend again. I at least thought they would have somebody more like him, The prisoner is not h'^. Townsend always held his head down. He talked through his noge. He ran his words togaiher, muttering so ihut at times you could hardly understand him. He had dark eyes— very dark. He had black hair. I hive seen him pbiy tho fiddle, To Mr. dARRisoN — I did not give evidence at Cayuga. I was sabpoenabd by Mr, James Flanders — brother to Robert Mr. Harbison — Oh, that|s it, is it ? Mr. Fbe^cman — My Lord, I r.iust stale, lest the minds of the jury be influenced, that we firat made application to the Crown to bring our witnefses. This was refused, or a" least not answered. And, now that the charity of the people is appealed to, we are said to be influencing witnesses, or colluding with the prisoner. Mr. Harrison — I beg to contradict Mr, Freeman. No application was made to the Crown to summon witnesases, Mr. Frbkivvn— I sent the memorial myself. The Court then, at nine o'clock, adjourned o Wbdnksdat, March 31st, 1868. His Lordship ascended the bench at nine o'cltick precisely, and, the court being open- ed, the first witness examined was Hubert Sutton of Brantford, who said. £ knew Wm. Townrend, having become hc- quuintcd with him at Robert Flanders' at Cayuga Station. I had a contract for plaster- ing the citation r.ouse there in the spring of 1864, and boir^led at. Fiandprs' for six or se- ven weeks, while Townsend also was there,in and out cou8r,intly. He was there almost every evening dancing, and at that time I knew of no crime imputed to him. I was also rd Cayuga with him one night, a few days before tbe murder, and allowed him to ride up thence to the Si ation with mo in a buggy. 1 never observed any scars upon his face. I often saw him combing bis hair, of which he se -med to think a iiood dwnst'n4 vtas a very inattentive ivorkman. I have not tun upon this trial, nor offered to do t^f. [ kno"/ Mr. Higi^ini?. Hiu eyes wera light^ir thau Towna- •nd'a were. PKTEa SoHRAM flepose:'.— I reside in Oayuga township. I know the Townsend f »mily. I became acquainted with William To^ynaend fifteen years sine?. I have seen him cooper- ing a little, and often at, work in a pa'v mill. I hare aeen him a hou*aod timea, and knew him aa well as my own brother. The last, lime I saw him he was at a paring biie of mine, about nine or ten days ootore the ami dor of Nelle?. I went toOayuga ^jjoi.exp-io'Jn^ to see Townsend. Prisocer'e voic'! is noi, like To'*n" ■end's. I think I couifi pick Tew eeiid out from a crowd by his v.mia alouc. I l)i-.ve a perfect recollection of i'liW/iseLO.uut) pv.:"oaer is not the majo. Towno-nd hao a low tore- head, black hair, heavy eytbrowr, running quite across, high cheek bones, short cose, thin lipa.a small hluck ^ye — or what I ,. bould call black — a short chin.bis mouth ah it were ■unkenin, dark complr.x;oa, flav iaae. He had &hard looking foot with quror knuckle joints, quite prominent, whicli joii might see tnrough the boot. He always ware moc.-iasins Of a fine boot. I could know tbe priaoaer was not Townsend i,y tjie iter, nlouv. InoYer •RW any scar on Townsand. f don't tiiiuk it possible he could hav^t had suca sc irs a;i the prisoner without my knowiug it To Mr. Harrison — Just as tho prifsoner turns round, there is a iitlly of the cheek bone that looks like Towns.iic'. His caetika are sunken, too, rather like Towijsend'e. — Prisoner's face is long — Townsend's wus short. I did not tell Mr. Tupper I i>ad n'y doubt about the color of Towrascud'i! eyf?. T-wn- Bend had a kird of a swing when he 'vtaik.d, not unlike what the prinonir had i.a Cajaga gaol, with the fetterE o'. . To Mr. Freeman — '^n; 'r>i[)per aseiaod to wish me to boliive tuat the prisoner was Townsend, and that his '.ye.^ had chuoged their colo'. Sam. Carne3 deposed — I live in Dunnviile, I knew Wm. Townsend vvel'. I knew hii to work at carpentering. He was loui of play ing tricks. I have a rocolieoiion of him which satisfies me that I should know him. Hu had dark hair, a low fori-.heiid, small dirk e>Ci3, which, I should say, were we:»k, dark eye- browi, not very heavy. His look wan alway.s downcast. The priaoutjr 13 not Towuaend. To Mr, Harrison — I ozjly saw Townsend once with his citp off. But I oould then see the full extent of the iorttiead. His hair was combed up a little. The forehead -.vaa broad ttbove and narrow belovv. He atooped his head and was square aerosa hi;j shoulders, which stooped a little too. I formerly lived at Cayuga station, and knew the Townsend fi»aiily, 1 knew Wu:;. Town- send ever since he was a small bof , and until Mr. Nellea was shot. I suw him frequently, and I think [ should still kuo»r him. I saw the prisoner last fall at this place, but did not I om confident recogDiz<^ him aa Townsend, he is not Townsend. To Mr. Harris'n — I have nev^r received a letter from the prison-jr signed K. J, MeHenry. Townsend had dark brown hair, brushf-d up from the forehead, short in front.long behind, and curled under. He had a narrow forehead, broader below thau above. I could generally see the forehead from the maunor in which he dressfcd the hair. His cyebrovTs joined, as if they were one eyebrow. Towneend had full fl-sby cheeks, ordinary lips out thio ones, an ordinary (jbin, not a stiarp one. JS'othing was remarkable aboui, his cheekoones. lama cousin of i>ir. Roiurv. Flaudei's. Mr. Turner said — I l»vtd in (Janfield in 'b'i, '53, (Slid 'b4. 1 kuow the Townsead lacaiiy, and William Townsend. He h'ld black or dark brown hair, darker than the piisoner'i?. He had dai'k eyes, wh;»t I call biack. Hi» eyebrows were dark and htavy, aii(.4 mst tt» gether. He wore his hair iou^,. He combed it up from the forehead, whieh was low. I am confiiie'it this is not the ixmu. 1 wss ofteu at partiea with hioi. ile uoed to p-iay on tiifi violin and on the tdmbouriue, I know of no scars on him. He had no such scar ad that ou the cheaK of tue prisunor. i am positive of this, xie uaod to wtiar hu jhirt collar down. He had a downcast look. He had large to« joints, which could be,«a6ily seen through the boot:\ To Mr. idAODONALD— In 1864 he was never at any steady empioymenc, but I saw hita ofttn. Hy had th'tu lips, square chin, cheek bonea stuck up, Tne ca«*;ko L'iemfaeivea weta sunken. His hair was long and straight down behind, but I have seen it curled, and in fact he almo,?:, always tried to curl ii. His hair was long lu iront, but not so long as it was behind. The forehead was low, wii.er below than above, Hia htiight was about 6 feet 6 inches. His shcuideis stooped. Hb was mid* dliig stout. I don't know much about his ears. His eyos were dark or black. Prisoner'* eyes are, I should think, a dark blue. To Mr. CuRRiK -I went to Canfield in 1862, and saw Townsend a number of timss during that y(^ar. I saw hiiii . t his mother's. To Mr. i'V1acd(;kald — He had a Hinall uoaa, and I think he did not ehav.?. William HARVKY,a firmer of NorlhCayuga tes'.ifiivj, I havtt knowr. the Towuseud family for absAr,iv o' j -c" cd, but th« Ooart dit- allowed the objactioo. WrrNKss 'l-.eo continued.— I saw % ietter in the Hamilron Spectator, p.ajir:g that he wai from neor Gl; sgow. When I saw him, h« described the village he was from, and th« farms Avound it. He gave such a description tha' I w.i* satistiod he must have been there. He describe! the willage of Springburn, two m'lcB from the city. He told me the namea of the firmers who accupied the farms there about 18 or 20 years ngo I was aoqusinted with tie parties, and knew that they had oc- cupied these farms. One party that he men- tioned had been dead this 10 or 12 yeari. When de.^'crihing the locality, he epoka of • a plnce where psople used to water .norsc-s along ths road. He described the p1fle«* particularly and eorrectly. He said there was, as there really was, • stone trough cut out to receive the water. He mentioned the names of several farmers, and of one particularly, who had returned from the Indies and bought » farm His tame was Hunter, and r,he prisoner gave it correctly I knew the fact well, but not the individual I asked him if he knew anything occurring on the railway which passed the village where he was from He asked if I referred to the murder of Green t I did, and he told me about it. He also told me about the execution of Mrs. Jaffrey in Glasgow, some twenty years hince. I was present at the execution, «ud knew the correctness of the details. To Mr. Maodonalo— When I asked what part of Scotland he came from, he said Springburn. The murder of Green and the history of Mr. Huntar were familiarly known in the neighborhood, bnt I don't think he could have wade up his story from any in- formatiun gathered from a person talking, or frum a book I can't well describe Towns- end's teatures Hia chin was sharper than the prisoner's; his cheek bones were prominent; I think his checks were sunken ; his face was of ordinary site ; his mouth was sunken; his lips were thin, I can'i tell what sort of fore- head he had. I am certain be had black hair, which he wore long and straight. His ehouldfr? wera, i ibitik, square. His height might be five feev seven or eight inches. I can't tell tho e-'h heavy and dark, but not black. His hair was darker than the prisoner'?. Prisoner's eyes I should call d .ik bine, but not so dark as Townsend's. Townsend'.i eyebrows grew to. gother over his nose, bat not so heavy be- tween the eyes as over them. I did not leave Difiin's until after Richards was p,hot. I waw Townsend there the day after the time Nelles wfi,3 shot. It was in the flvpaing just towards dusk. He came to tea, und I did not see him until he came to the table. I think there was one other with him, hut don't know who. I did not see him go awav. nor hid I seen him conversing with any of thH family. !tf r. DifKa was absent when he first carae. I did not see him afterwards, but had ofii-n seen him be- fore. I knew of no scura ou his face, but they might have been there without my no- ticing them. James McLaughlin deposed— I am a car- penter and joiner at 3i. Catharines, where I lived three years. Previously I lived at Oaohoro. There I was acquainted with the Townsend family. I kn^w Wm, Townsend as weil as any other neighbor boy, and I saw him frequenUy. I left for the States in '49 and returned in '53, between which dates I did not see him. I saw him in 1854, and knew him at once, even aft^^r this lapse of five years. Then he worked with me at James B. Smith's saw mill where he was a fireman. He was at work there before I was. I worked there seven or eight weeks, and ho was there all the tim<>. I don't think I saw him after I left the mill, but I think I should know him if I were to see him again. He had a small dark eye, high chat^k bone?. Thei'e was a small soar on the left cheek, runninc from the check down to (he jaw, dark hair, no whiskers, a little beard which appeared to be dark. There waa a. scar on the great toe joint of the right foot. I first saw the prisoner a week ago, and made up my mind as soi>u as I biw the man that he was not Townsend. The sear on his cheek does not resemble the one I saw on Townsend. James Patterson said, I have lived at St. 31 know bim if I was )ri8oner for the firet jleveland. I said lati, I never saw facp. Qow Mr. Jas.BrowOf bim when be was a "i^eu him for some 'o ak'o. I was taken know hira from the \new the maa to bo RANT, of Gainsboro', try in 1862 ; knew met htm at bea This was in tha ;m ployed in cooper* t look like the Wno. ,t DitHn's. Towna- th dark brown hair ir as I can recoH without my no- osed —I am a car- Catharines, where I viously I lived at cquainted with the w Wm, Townsend ibor boy, and I saw or the States in '49 fraen which dates I n in 1854, and knew this lapse of five with me at James B. 3 was a fireman. He ? I was. I worked :n. and ho was there k I saw him after I should know him if Ue had a email dark Thei'e w as a small mine from the cheek air, no whiskers, a ■fed to be dark. There je joint of the right ner a week atro, and i as I s'lw the man id. The scar on his e the one I saw on I have lived at St. Catharines for four years. I became acquaint- ed with the Townsend family when they lived near Port Dalhonsie.some 2(i years ago. Ill remember their mavict? to CtmficM, and I, I'a short time a terw^irds, in i84t), moved up to Grimsby township, some thirtten or fourteen miles from there. Townsend lived with m-; in the spring of 1851, being an apprentice to learn the coopering biiainess, He wnsbe twepn three and four months with mo. Dur- ing the time Towcsfind worked with me no man namod Lee worked with me. Richu-d Lee never at any time worked for me. I have heard of him by hearsiy «nd may have seen hira oDce or twic^'. (Kichard Lee, now in th^i Penitentiary, had sworn that he had ■ orked with Towneend.) I don't rncollwct where Townsend went when he left mf. I went to live at St. Catharines in D^icember 1853. I flaw Townsend there. He generally called at my house when he came to the place. I saw him tha next day after Mr. Nelles waa mur- dered, in my house, at about noon. I saw him the next day too, when h^ drove up to rhe gate, stepped oui. of \w buggy, e<>me into my house, stayed a few m imiintfl and went aw.vy. I saw hira too on Saturday mornicg. wbc-n he again came into my house, ihis ia not the Wm. Townsend I knew. T" Mr. Macdonald- 1 wont say that Town eend had no sciirs on his faCM, WiLUAM MuiB, of St. Catharines, said— I knew Townsend. we worked together at coop- ering at Mr. Pateraon's for a month or two, boarding in his bourie. I sh w him iaat a Bh')rt time— a few days before Nellea was murd as thosa n the prisoner without my kno-Ting it. George Crumb, of Su Catharine:', hud come to know Townsend wh.-n he (Cru^nb) was hauling lumber near Ciyuga 8',a:ion. I saw him last a ahorv. lime before the murder. I think I should know him now if I werQ to eee him. Prisoner is not the man. To Mr. Macdonald— I knew him for two or three years, but I dont think Towntend had such ft. scar on the cheek es the prison'^r Capt. Tuunbull deposed — I live in Clove- land. Saw the prisoner first, more or Itss, during the whole seajon of 1852. The season oommer.ces in Aprii and enda in Deeembcr. 1 BiiW bim towards the first of the season. He was a cook or steward on a vessel. In tb^' early part of October and from that (o the "middle o» December he was on board the "Powhavtau," under me. I have no doubt I saw hitn on viri^-ua venaely in the season before tbat 1 think 1 s;iw hira in >ht. St. Liiwrenc' , comrai^uded by Captnin Latd. I next saw him * year ago, in *'lfevela:.d, after his arr^^'ft, I r^^--}-»gnis.'.r! hia v. ice there before I saw bim. He was then in one oS the cells. When I saw him I recognised him at once. There was a scar ou his left ch* ek when I knew him on the lake, and no other that I was aware of. I understood he was Ifrom Scotland. He left me to go to Califor- forniii. It W!\8 in the latter pirt of 1868 or beginning of 1854 that [ received a letter from the prisoner, from California. In 1868 I had iieen oo the propeller Ohio, and we laid her up in November. I hud, about that time, a litUe disagreement with my brother- lu-law about paying some instalments on property, and wrote to a Oaptair Coyne, in California, about it, When I received the letter from McHenry, I at first thought it was from Captain Coyne; that's why I re member it so distinctly. The hand-writing was that of McH.'nry. I don't remember the date of the leltt^r, nor the poatri.ark. My im pression was that the letter waa dated in Sep- tember or O'ltober. I showed the Utter to a good inM.ny. I tshjwed it to Captain Lewis, a few days after I received it. I taought I .^new McHenry's hand-writing at the time. He went by the name of McHenry when in my employ- ment. In the letter, he said he was working for the Culiiornia Lumbering Company, at Megg's rnill, or for Mei^g and brothers — that he had $100 per month, and that he had been ofTerHd a situation ns cook in a vessel at $100 per month, which he would have been glad to have accepted, had I been there to go as master in her. The prisi.ner'a habits weie good while in my employ, Th >re was nothing pecuUar about them. He wa?i writing most of his leisure limp, fje nevev tried to fiddle, and I never Raw him dance or attempt to ayt or sing libe a negro, I think when I have h< ard nim sing, ne was trying to hum Irom a sort of Metho- dist hymt; book he i}!'d. I never saw him shave, but my impre?sion is chat he did shave. I first saw an account of his being arrested in the Cleveland " Plaindealer," and my name being mentioned, I came down to see him. I w; {..•omised me, I'll ie'. out, up'in hira." Witness, I doh't thiok I said ho, or used such an f-xpres 'ion- Mr Frbkman. Bring Mr. liherwood up at onoe. Mr. Maodonald Why do you not speak up at onoe, and aay no. The prisoner never told me in ounfideuee anything that would hi liii IS 1- 'f: ■ oriminate him in this suit. I am sure of that, I never told any one that this wan had told me matters which, rathei* than disclose, I would tear my heart ^tririgs out. Mr, Macdonald The r; n is in Court who told me 80, but I have prumiaed not to bring him forward. WiTNKss. — I wish you would, I only re- ceived one letter from the prisoner while in California, und I diJ noi; anwv/or iu Mr. MAODoNAtD —I would not calt thai a correBDondenoe. W1TNK88. — I read the lelter last in January 1867. Iraad it sevcrel times and to sevorol diflftirent peopUj, eoon after I received i'. I oould not find it when prisoner was arreated in Cleveland a short tima after 'ohnt. I had been burning my old letters when I got a new writing desk in Januaay '67, and I read most of them before burning them, i thought I saved the letter from MoHenry afier readmg it, but my wii'i mi'\ I had burned it. I am just as coiifident that I place ilie dat« of tho Iti'ter right aR that I ;tm ctanding hero. Mr. Maodonald. — Or that you did not tell Mr. Sherwood you'd let out on him, Mr. Shbrwood— (who was sitting in courf.) — Hd did nots.ty anything of that kind to ma Dr iu my preaence. Mr. MACDONAtD— Did he not. and lo yonr presencel Mr. Shkrwood — No, sir, certainly tot, and I never said so. Mr FREKMAN—Therel Seve-al persons ia court htre began lo whistle aad catcall. His Lordship oallod "silence" and Mr. Mat'donald said "thoso are the companions of Townsend who are whistling— the tuievea of Canada and the States." Order being roGtored, witness continued. The handwriting of the letter produced (that written from Cayuga gaol to California) is in a handwriting which mMy rrsemble the prisoner's, a^ I know it, but I would not swear to it. I don't rei'.:.llect a vessel called the " H. B. Wilson," there may have been cne, nor do I recollect ever etatiug the prisoner was ooce on it. I can see no diffsr- •-nce in the prisoner now nod when I khew hina. He wore his hair juwt the same then as now. His face is perbat-'S thinner now. i don't recollect hearing the prisoner swear when on board my vessel, la reference to the sfatemeat of Mr. Sher- wood, Mr. Macdocald here statd that if he had done the witness injustice he was sorry for it. He really wished that people wouia not tell him what was not true Mr. Fekeman stated, in answer to a question from the Judge, that there were probably 60 or 60 witnesses more 10 be examined. The court then adjourned at 9.SO. Hia Lordship saying he feared that he would hAtu iv eii. until th« «bd of lh« week, TucKSDAY, April let, 1858. At nine o'clock, a? uiua', hi« Lordship es« ceudc-d the bunch, and the first witness tz- nmined was William Winkings, who deposed. I live near Oayugi I first beiv.nie acquainted with Town'?r-nd a dozen years ac;o. I knew him working at the mill in which Mr Haw tiad an inter;'3t. I saw him in 184'J and 1862 and aav/ him for tha last time a weok or two bs- fore the murder of Nulles This w \s at a snle near the mill belonginjgj to Me.^srs. Haw and Smith. I saw the prisoner at C'tyuga, in th(» gaol, and <;xpectod to see either Towns- end or some one hioking very much like him. This prisoner is not Towrscnd. I nnver saw this mtm befora I sav him at Gayuga. I DO tioed no marks on Tf^wnsend's face, j hav« a good reC'llflction of Towneend as he was then. Ho hnd a low forehead, a dark com- pipxion, black hair and very da^k eyebrows, heavy p.nd r<^aching quite .si^rossnis forehead, and .'irnall eye=. I nevor r.oticed his feet par iouiarly. Tn all the above peculiarities tha priso-'j-r differs lr->ui Tow/iS'-nKl, and, indt^:ed, ther-? is no expression in tha priaoner'a faoa resembling T';wii"^nd'fl To Mr Macd.inald — Hm wore his hair long, and brushed it off his fcreh^-ad backwards. It waa straielit, but ho tried to curl it under. I don't I ecolkct his oiling i;is hair. Ue had ft middling broad forehead, a pretty straight cose of middling length. I have not been " poetod uj;" about the nose lat-iy. 1 never saw any scars on Towns, uci's facw. I tbink I should have eeeu them had r,!iey been thera I don't recolleor. any ihirg pecuhar about hiS <=ars, I am not pf>.«itive .'.s concerns the datea I have mentioned. Thomas Walt deposed— I have livad at Canfield station since 1844, I knov/ tlie Town.'^end family, and also know William Townsend I ."uw hirn Li.'i', a week or two bef*re the murder of Nellea. This was at tut station. I was with him times almost with- out number. Should know him well w^^re I to see him again now, The prisoner is not, the man, Dut very unlike him in fyaturea. He baa no resemblance to him whatever in tha face. Townseud had a very low fore.'iead,and a very flat head, that is, low liom the eara to the top ot the head. His hair was black, darker than the prisoner's. His fsyes were sm'iii and dark — considjirahlv sunken. Ha had a wide broad mouth, asid inat was con- sideft^bly suufeen, 100. His bfaid he had a slight resemb- lance from the tip of the ear to the pr ten years or more.— Know Wai. Towufiend, and saw him, last, a short time before the murder of Nelles. Knew him when he wan a fireman in Smith and Haw's mill;-. Should know him again were 1 to see him. Au quit.- confident the prisoner is not Wra. Townstad. To Mb. Harrkon-^-I gave evideooe at Cayuga. Cornelius Crurp said— I live in the town- ship of Louth ; 1 knew Wm, Townsend weH; I have just seen the prisoner ; he is not the Wm. Townsend 1 am aeqoainted with ; Town fiend's shoulders stood lorward, giving him a stoop; he had a shorter face than Townsend. EuAS Patterson, of the township of Louth, described Townsend with whom he was ac- quainted. Ho said Townsend had prominent cheek boxicB, low forehead, black hair and eyes, and had no scars, to my knowledge. I met him last at Mrs Brady's, the Friday after the murder, but before I had heard of it. To sMr, Macuonalu— Knew Diffin was at Mrs. Brady's that lay. e came in quite late, Townsend did not stop there lo ;g. He Was theie before I 4;ot there, which was about nine o'clock, and he left about half an hour afterwards. I should judge Townsend to be about 6 feet 6 iriches in he.'ght. Mrs Dell, of Louth township, said — I knew \^, Townsend; I became acquainted with him at his mother's, in Cayuga, when I was quite a small girl; I saw him last the same fdU that Welles was shot, at my father's-in- law ; I have a good recollection of him, and would know him anywhere. The prisoner looks aothing like him; I saw him first from the gallery of this court house; I thought then he was not, Towncend, and now I am close I am cure of it. ""'ownsond had black eyes, hair and brows, whic < met across the ba?e of the nose. This man's nose is larger thaa Town end's If this man is Townsend I never knew Townsend. To Mr. Macdonald— Townsend was an inch or two shorter than this man. John Gould, residing between St.Catharinea and Port Dalhousie deposed. I have never seeD the prisoner before Lo-uay. 1 knew Wm. Townsend having become acquainted with him 6 or 8 years ago. I met him and another young man on the readjust after the murder. During the whole time I knew him I had frequently conversed with him. / had an idea until to-day, that the prisoner was 35 les. Should know 1 the box is not he, je, Town?end had ifl prisoner's. His II») had a low fore- brows. He h<\d no wh«re tilse that I « luinpa on his big !j?h the boots. He spoke and laughed iiy. [ a cousin of Mr. of Robt,, FlanderB*. oro, fiirmer, said— 'J family ever since J years or morv.— i saw him, laat, a er of Nell«9. Knew lan in Smith and f him again were I lideDt the prisoner [iive evidence at live in the town- Q. Townsend well; er ; he is not the inted with ; Town vard, giving him a 3e than Townsend. ownship of Louth, whom he was ac- ind bad prominent 1, black hair and oiy knowledge. I 's, the Friday after td heard of it. iw DiiMu was at e came in quite op there lo ;g. He ;, which was about bouf half an hour 8 Townsend to be ght. ship, saia — I knew acquainted with yuga, when I wa» im last the same It my fdther's-in- sction of him, and re. The piisouer law him first from house; I thought id, and now I am Viisond had black t met across the q's nose is larger lan is Townsend I ne^nd was an iccb n. ^aen St.Catharinea id. I have never uay. 1 knew Wm. acquainted with t hiDi and another after the murder, knew him I had 1 him. / had an le prisou'^r wa a Townsend, because a profile was shewn me by a colored man in St. Catherines which resembled Towrsftnd. i find that the profile does not at nil resamhle the prisoners. I don't think the prisoner hus any features resem- bling Townsend. lownaend's forehead is low, and his eyebrowe come across his tyeo, Wesley Smitu tesufiad. I live at Caoboro, and am a farmer, i knew a rsau n ^med Bill Townsend, who^e family lived near liie Oau- boro station. I had known him for a seiios of years. I can't say when or where I saw him last. I knew him when I did see him. I saw him frequently and should know him again, aa I have a distinct recollection of him The prisoner is not th'^ man I never saw the prisoner before, except as 1 passed the court house door, yesterday, when I got a glimpse at him. Harman Hatn£8 said. I live !.Suut a mile and a half irom Ja\uga station. 1 &m a farmer The Tow loeud fauiily live about a mile and a quarter from mine ; knew Wm. Townawnd before my lather id. I last saw him the summer before Nelles was killed. I knew bim as well as any oi my neighbors. I have s perfect recoUeetitm of the uinn. The pris- oner is not Townsend, nor can I see in him any resemblance to Towuaend T< ere is no express on of his fac*: like Towusenl's. His hair is not so dark, hid forehead i'l higher, hio eye is fuller and larger and his eyebrows lighter. To Mr. Habrison — The prisoner looks just the same as he did at Cayuga. There was a good deal of reS'^mblince between Townsend and his father -is to tiie color of hair and eye- brows and their sunkt-n '-yes. Thomas Humphrey said. — I live od the Oan- boro road ; am a tavern keeper , became acquainted with William Townsend ten or fifteen years ago ; saw him last the fall be- fore the n.urder ; shouLi know him if I were to eoe him now ; saw the prisoner at Cayuga ; was not a witnees. I thought I was going to see William Townsend, and was disappointed when I did not. Prisoner is not Townsend. I never saw any scara on Townsend. To Mr. Harrison. — I expected to see Wm. Townsend looking sompthing like 'hat I had known him to be. H>; might have had scars without my knowing ii. William Haynej, residing near Cayuga Station, said, — I knew Ti^wnsend for about 14 years; knew him as well aa one neighbor knows another. Prisoner is not William Townsend. I never saw any scars on Towns- end's face that I recollect. To Mr. Townsend.— I don't swear that he had none. Bbrnat;d Dell, o' South Township, said. I was pretty well ac(:[uainted with Wm. Towns- end; should know bim if T were to eee him ; the prisoner in the box is not he. To Mr. Maodonald. I think this because the prisoner is a lighter complexioned man than Townsend, and also larger; his hair is not so dark ; his lighter. Charles Geeen testified. I live in Dunn- ville , I knew William Townsend on the Wei- land Canal, about 9 years ago , J. zcw him last in Dannville, abdut four yean^ sinoe ; should know him again ; the prisoner, I am perfectly s ti^fied. is not the man ; I was not examined at Cayuga; first saw the prisoner a week ago, in the Court Hon^e. To lir. Harrison — I see no likeness be- tween the prisoner and Townsend ; I wrest- led with Townsend ; he was smaller than I ; (6 feet 6 inches) he did not alter all the time I knew him except that he gained a little in p\ze ; he had a rolling sort of walk ; be had large knuckles to his feet, and I often heard him complain ; I never saw him dance at ne- gro shows ; ( saw him dance once ; he danced poorly ; he had a low, narrow forhead. Georoe Disher said. I became acquamted with William Townsend about 6 years ago. I saw him last on the Friday after be shotMr. Nelles; I saw him frequently and should know him if I were to see him again ; pri- soner is not he, I am satisfied of this; was not examined at the Cayuga trial ; I first saw the prisoner a week ago in the dock. To Mr. Harrison. I never saw Townsend dance; never heard anything against his character before Nelles' murder; he walked much as other people do; saw him at Mr. Diifla's at about 3 o'clock on Friday after the murder: became with another gentleman; We had some drinks together ; can't say when he left Diffin'e. I noticed no soars on his face. James Coverdalk, living on the Canbro Road, deposed — I live about two miles from ihe Townsend family. Knew Wm. Townsend eight or nine years a^o. Did not see him for several months before Nelles was murdered. Did not know him well, but met him often, and of course knew him when I met him. Should know him again. Won't say the man in the dock is he. Won't say he is not, but my opinion is that he is not. Thomas Kerry said — I live in Noith Cayuga township, about half a mile from where the Townsend family live. Became acquainted with William Townsend in May, 1852, when I moved into that locality. Last saw hi.a about a month before the murder of Nelles. Think i should know him again. The prisoner is not the man. I was not examined at the Cayuga trial. Never saw the prisoner until now. To Mr. Harrison— And yet the glance I have at him is sufficient for me to know him not to be the man. Townsend had a sharp, thin nose. Mr. Harrison — And yet others have sworn he had a fiat nose. Mr. Freeman — I submit, your Lordship, it is not fair to endeavor to confuse the witness by telling an untruth. Some turther conversalio.'i took nlace on this point, after which the next witness ex- amined was Richard Coverdale, who said — I live about a mile and a half from the residence of the Townsend family, on the Cauboro stage road to Cayuga; knew Townsend well; should know him again if I were to see him; the pri- 36 m •oner is tho jook it Bot, fif> ; wm ooi exitm- ined in Caynga as a wita^it'. To Mr. HAKnianx— Wia not on".);! npon lo give evidonoe at Oftyn«»a; Jacob Flanders Oklled npon me to dn lo thia tiro« ; h'; is r brother ')( fvoh°rt Flv'j ; hav« ^een Town- •«nd danort ; he wns % pru'ty "ni'irt f«)lo'v wii'i him ; there wna iu»- thin({ retnarkfth:e a'-'Ow*, his noaa, eje» o? flheek*. IVIblinda LAMBiitu. fflidioj^ inar '"a; nsja, ••id — loameto knuwWm T«-^!i9ftril 'ii)')nt. IS years ago; last ».w him i fj-.v wekfl be- fore Mr Nellei waa shot, ; ofinu 8!\w bi?n, and know I should know hito ngain ware I 1.o bp.h him; prisoner i« no iTior« ' o vneend ihau I •ID. To Mr. Harrison— 'J^wnieud'a evi-brows were heavy, and me'; «»'ji't nny whei/her they w«re lighter or heavier than t?iebro\»fi; he bftd • very low forehead ; nev^ir noticed his •tra particularly, nor hi8 lips, mouth or chin ; he had lumps on hiB foet; thiuk thejT would remain as long aa he lived. NanotBokdeax said- 1 kn'«w Wm. Town- •end very well, and should knv>v hin again ; the prisoner i« not at uU likr> Wiliiata Towns- e&d. To Mr. HAtRiaoH— Until I »..w the prisoner •t Oayuga I was qr.ite comfinetd (bat they bad caught Townscu'?; pXj'^ected to see a njan with black hair and ••; ts, h-iavy eyebr'^wp, 4e. ; never remarked anyJiiig ex'raordinary about his face, euoh as 9c irs ; they may pos- aibly have been there wihout my R^oing them. Seth K. Sutta «aid.— I live on ths (.liyuga and Oanboro road. ! knew the Towusend family and Towuaend himialf from the time they moved into the neighbourhood unt'l !he murder of Nellis Knew him as well ;s I would any other neighbour boy. I should know him if I were to see him agaiu. Cau't recognise prisoner as Townsend. I wns no', examined at the Cayuga trial. I k*^pt eoh>ol in 1846 in the locality, and he came t • it, He was an iudifferent scholar He was learning reading and writing, acd tried to learn to figures He was not a very apt sRholar. To Mr. Macdonald. •«! never observed any •oars OD Townsend. Fbanoii Lambier said.— I !ive o« »ho Talbot road, two miles below Canboro Stalion. 6aw Wm. Townsend frequently, and, for the last time, about a fortnight previous to the mur- der of Mr. Nellfs. The prisoner is not Town- •end. I was not examiued at the Cayuga trial. To Mr. Macdonald —I beard that after the murder, there waa a description of Townsend given. I never saw it, nor do I recollect what the general understanding concerning it was. Never saw any se-.r over Townsend's •je or anywhere else. Ho had darker eyes and hair than the prisoa-r, Herman Weaver said I live near Canfield Station, about a mile iri;m the Tuwusends. I knew Wm Townsend for many years. I went to school with him,to Mr. Love's school. I saw him last about three weeks before the murd'jp of NelUs— I should know him as^ain Prifloncr is not. he. I vfn" not txamined as • niineap at thu Cayuga 'rial. To Mr. Harrison— Townsend's (■arn were largq and loaned forward. There w^i* .-.oth- inn; in hia walk pofiuliar until he came "li the Mohaick, when ho walked rolling. Peorle said he got the habit from walking on ship- boarl, I never saw any toais about him. His Lordship asked Mr. Freein-in if ii« h'»n trrqutnf.ly by him, and think 1 got it frum hiu. then. I rfioog- ni«fl the man Avho lookn S'jm.rvhr.t paler, and I think his hair is a little darkor. Hia eye- brows look a little thinner now than they were, but 1 h.irdly know. Mr. Fbekman. — Yoa m\38' roc^Uect he has his hair dressed and oilod every rooming by a special barbt'r, at the expt'nse of the Crown. Witness. — His ey*e were 'due tijen as they are now; cin't recol'ect his I'lvsng th(3 si-nr on the cheek then. 1 :hiijU I cm rer.ifimher his having a sour on thw fane, huf, could not locate it ; don't recollect any peculiarities about bis feet. To Mr.MACDONALD. — The ent.'-y in the book is (reading)--R. J. McHenrj, av,«^d 29, place of birth America, reaidencj on 'be water, when committed, July 29, ch irk;H, murdorous as- sault, previous crimes unknown. Jthim dis- charged not registered. I must hdv« got the parMculars of oirth &ti., from himself; never recollfct hearing the " Mc." This signature (that to the affidavit made at la»t trial) is like the one he used to fii^n when with me except the Mc. ; saw all the letters he tent from gaol, excopt perhat'S those ui Im attorney. He wrote quite often, mure than fuy other pris- oner. During the seven months -le wu.s in gaol I never discovered that he was anything eise than an Americun. My impression ia that he wore hia hair short, before hiu committoent. H*- wtis frequfKitly spoken to as Robert, but Heo^raliy as Henry. He used .o be taciturn, and kept apart from olh^r person?. He was peaceable and quiet in the main, shewing a violent temper at timHs, atid was impatient to regain hie liber-y; don't recollect his readiog other thun law books; think I furnished hira with Blaokatone'e Ootrimcntarie?. 1 never saw hira writs' his name like 'his (Henery) a^ in thti It^tter written lo Onlifornia. To Mr. CuuRiE My rnooli.ction is that he wrote a very good huod. I notice no ctiaige in hia voice. 1 can't recollect whether he wore a beard in Sauduaby; think ho kept it closely shaved ; thinq he had a beard, but a light one ; never reard him aing any nigger songs. To Mr. Maodonald. He never stated any- thifig about his previous history ; h>i appear ed to me to be very youtjg for 29, aiid yet I took his word font. James B. Smith deposed. I live in the 1 39 r>f our most import' to u mate of a ve«f"al on i in the capaoi.y of he gaol until about 3 rpgipter with me, ae (liHchurgfl. Tliat • He vraa discharged ^ i»i':iefl8 did not receive 1 him by the onry ; liiinlr 1 have frtquiTi'^^ly by him, liui then. I rftoog- am.rvhr.fc paler, and I darker. His eye- aer now than they e'. rocillect }i« has every rooming by a x'nse of the Crown. •H '>lne tijen as they nia li'ivuig tho 8i',ur jU I en 1 rer.ifiinber face, bu^ could not St any peculiarities entry in the book ie , ai,',«^d 29, place of on ';be watur, when k;a, mi;rdorou8 as- nknown. -vhun dis- '. must iidVH got the rom himself ; never I." Tins signature I at la»t trial) is like en with me except 8 he sent from gaol, hid attorney. He mn suy other prie- monthfl -le wa« in at he waa anything f jmijression is that jre hia commitment. I to as Robert, but ised .o be taciturn, • perf ocp. He was e main, shewing a id was impatient to eoollect his readiog uli 1 furnished hira itarie?. 1 never saw is (Henery) as in ornia. 3lii ction is that he I nooice no charge sllect whether he ; think ho kept it lad a beard, but a a sing any nigger I never stated any- storv ; h>i appear for 29, aiid yet I I. I live in the village o'Ciinhoro'. I am a millwright ; I heoom^ acquaint i-d with Townct-nd in the latter part of 1846; last saw him aboun Oct. 1, 1854. He was at this limM in my employ ; he enlpred my ♦-roploym-tt (reailiog from tim« book) on thH 12th ot Fen I saw him from the door opposite; had frqueuily been bathing wiih him and krjew >»ini well ; thy man in the dock i"* not Town-^end, (ftf',.'.r a long survey.) To iMr. "Macdonald I reK re is a poetib.lfty of a person's l.(i?:gmi8- tak«n, ao«1 1 tbireti're told Mr. Coulter or Mr Coulburn, 'f Port Robint-or', thai. I would n(it swHar he wa' or s*a:< u>'i, Townat;nd, but I was Bure in my o>vn mind Adam Wilson Fralick, of Canboro', aaid. 1 knewTowneend w H ior about 2 yjars. I should know him now ; ihn wv\ in the dock is not he. To Mr. Maodonald — I am quite positive. — He had a sharp noae and father a longish one. He was K)mewhere about 5 feet 2 or there aboute 1 am not positive. I was not examined at Cayuga Benjamin DiFFiN said — I live in Merritta ville 1 knew Wm. Townsend 12 years ngo, and from that period up to the time of JSelles's murder. The first time I saw nim was about two weeks after the murder of Nelles, when I saw him pass Steele's store in Pelham, near where I used to live at that time. This was the day ol Richard's murder. There was another person with him whom 1 had seen, I think, once before, at my place, on the Friday after Nellea's murder in Tow- aend's company. They came in the evening. I saw them just for a minute as they were getting into the buggy to go away This was when 1 waa coming home from squirrel shoot- ing On the occasion when I saw him, it v7as, I think, in ths forenoon, I wa.s lenni:ig over the fence, talking to Mr. Steele, who was in the garden. Towniend asked "is tbia the way to Wellandport J" and I said " Steele, that's Townsena." I knew his voice. I don't re- collect whether Steele or I answered the men. Sterlft «aid to me " that's not possible." I said it WHH. I knew him as well as my own brother. We w«nt to aeveral people then and told this. Then I went along alarming the neighbourhood, telling every one I could see. Townsend worked for me at coopering in this township, in 1862. 1 had a servant girl then named Muir, now married to a man named t-Jrant. She bft nie in February , 1862. I have seen the prisoner before at Cayuga. — He is not Townsend. Townsend had v(»ry bad shaped feet, large, and with large toe joints. If he wore ever ko nice a boot for a few days it would he all out of shape. I once «ot a pair of boots for him and wore them out of town two hours. Townsend could scar'^ely get them on, but could not wear them, they were so light. (Prisoner and wit- noss here exoVanged boots That of the prisoner fittfd ve-y tight indend on witness, and that of wi'ness easily slipped off and on prisoner's foot. To Mr, Maodonald — I think mine was the first place Mrs. Gr.vnt lived at after she came 10 this country. She lived with me for three or four years 1 never saw any cut like that •^n the prisoner's b'ow, on 'Cownsend's. I never saw Towns'-nd come into the shop whilst Andrew Oliphant was there, and Townsend having a cut on bis lort'head, bleeding, bound up with a handkerchief, nor do I recollect remarking to ( Hiver that he got it by a stave thrown at him by one of the boys. Mr. Maodonald — I'll prove you did. To iMa. Macdonald— When I went along, aroiising the neighbouts, I passed him on the road, rie kept ; lose uudtT the fence, kept his head down, and npoke nothing to me, neither did 1 to him. I was in a covered bupgy, and 1 did not tell him the conatables would b« after him and he must look out. Hamilton Pattkrpon said — 1 became ac- quainted with Wi.i. Towneiod at Smithville in 1851. No eojh man as Richard Lee ever worked for my father during the time I was with him. i should know Wm. Townfend again. The pi isoner is not he. His forehead is higher Andkkw Brady — I live in Pelham. I knew William Towus'fjd. I saw him in 1862 He then worKed "t B^n D.fiin's. 1 f-,and Bi.owed all his teeth when he laughed. I b-lieve his tH-sth were middling large. His ear? were stst forward, as was said I by the family, ^ecauce a school teacher had pulled tbom. The cars wnte large. His fore- head was low, incHniag a little backw rds above, quite unlike the prifoner. His hair grew low or th-? forehead. He always walked with his head down, lis f/^et were so that he stepped flotfonted. He wore a gr^at boot be caupe of his great toe joints. He was not so tall q Mite i;8 the prisoDer. I never saw any soars on his face, there could have been none of any size without my seeing it. There might have been a stnall one near the evebrow, but never saw it or heard ttli of it. Joseph M. Sabine said.-I knew William Townsend who lived at Canfield ; krew him for 14 years, excepting the time he was on board the "Mohawk." I should know him if I were to see him now. I am positive I should ; never saw anv scare upi,n hie face, but I think I should have seen such a scar as that upon the prisoner's if it had bo. n th.-re. To Mr. Harrison.— His forehead vas flat and low. Hia mouth was wider than commoa. I lived with his father io- some nm^', and at the period when he ranawiy to the Caadian Governmeut steamei-. This was twelve or fourteen years ago. He used to dance a good deal in spite of his feel, which were partly crippled, owing to the large luojps on the toe joints. T)wc8?nd is my half-sist-r's child. Fbanois Weaver said lam lii tie older than Townsend. I was with him very orien, and knew him well. I should know him iff v^'ere t^i see him. The prisoner is not he I often '.ompared my feet wuh his. His foot was broad, quite as broad as miae and evtn broader, having larger lumps t,n an those on mine (about the size of half an egg.) The lumps were ou hie feet ever since I flrso knew him, 16 years ago. To Mr. tiARRiacN— W« were both very young then. I have a light boou on now, and it pains my foot to wear heavy ones. I A Juror here requested that the feet of prisoner and witness should be compared.and m doing so the great difference in size was at once apparent. Thomas Carroll of UunDville.was next ex amioed and said. I kn(*w Wm. Towneend, and David and Frank Weaver. I last saw Townsend aboui two or three weeks betore the murder of Nelle?. He hoarded at (he house next to mini in Dunnviile for two or three months in 1863. i rer;oliec!. remarking that Frank Weaver's feet were just like Towiisend's, and I said that, were it not for his (Weaver's) face I would take him for Townsend. The first time I noticed Townsend was when he wr.s liant;mg Oy his feet from the limb of a tree. To Mr. Harrijon— I have seen Townsend dance, and dance without, music too, cutting up capers in the barroom. Ihe lumps on his fettdid not, cripple him. ivELaoN Flandeus sai.l. I live near Canfield station. J am 24 yearn old. I knew Wm. Town end for 15 or 16 yars. I should know him were I seo him. Prisoner, whom I first saw kat S.iturd;jy, is not the Tuivnsfnd I knew. To Mr Macdonald. The Townsend I knew had a high forheat and heavy eyebrows ; no Bears that I kt-ow of. To Mr. CuRRiE, If he bad h.ad a near like thaton pt'isoner'.j cheek, I am euie 1 should have eci'O it. Aaron Farr paid, I knew William Towns- end of Canfield; he was with me at ei show that 1 *iad ; we shewed together twice- should know Wiltiam J'owasfud again. Pnl soner is not the m«n who trav'tJled with me- knew of no sears on fownseiid's fsce; it he' had had sjch on his face as the prisoner iias, I think I should have suen it. To Vir. Maodonald, I never told Mr James Chambers that 1 could not swear this was not Townsend; If I told him anything, it was that I could swear positively one or the other ; 1 told Mr. Tupper once that this man whs Town8<-nd, atid i^at I would not have his chance of han(,)ing for the world. T.'ie first time I saw Tupper 1 told him the prinoner was not Townsend. Weihen met an officer of the gftol, and I toid Tupper wh.; I did. I was led to tay this because I thought Tuppi^r w-anted mo to do so. I further told uunitiata likuneHs which I had of niyedf WHLs a likeness of Townsend, He said it was like the pr\30.j«^r and shewed it to several perto 8 aij a iikHUosb of Townsend. J.1MK.S Walters said —I was brought up in Candida, ■-ii.'i whioo my -^arlieai recollections are connected. I Itvod in difl^erent parts of EfqUtfHHing aid Na^Siguweya, I 'eft the lat ter in 1849 for Oalif.>r,ua, lu oompauy tvith my bio.her, who is Mi.ill in California, i. Ohipp's Fiats. No one else left the township at the same time, W« arrived in California, iu the etebmstiip "Ci y of Nevada," in 1860 I rpnsained there, or in thu vicinity, ui,tii 1868. I had, up to tiiat time, no acquaint- ance in California whom I had known in Canada. 1 sailed from San Franoieoo, to re- i lied that the feet of mill be comparerl.and ference in size was at inDville.was uoxt ex '*w Wni. Towneend, /leaver. I last saw three weeks before He boarded al. (he )ui:inviiie for two or rei;oliecl. remarking feet were juet like hat, were it, not for would take him for ) I noticed Towoaend ng by his feet from lave fleeD Townsend !■ music too, cuiting OEQ. lite lumps on m Hive netir Canfield old. I knew Wm. ars. Ish'juld know isonar, whom I first jt tbe Tuivnsfnd I leTowDSPnd 1 knew 9avy eyebrows; no • bad had a wear like I am euie I should ew William Towus- with me at ei a'aow i together twice; vasfud agitin. Pn- trav'tiled with me; iseiid's f'lee; if ha as the prisoner iias, 1 it. lever (old Mr James aot swear this was Id him anything, it ear positively one Tupper once that iitui tua*, I would p^ing for the world. per 1 told him the d. We then met an )id Tupper wh ; I I because I thought so. I furroer tdd \ I had of my 81 If J. He said it was ewed it to several »u=end. WU3 brought up in .rliesi recollections different parts of ya. I 'eft the lat m oompauy »rith in California, iu i left the township ived in California, Nevada," in 1860 ho Vicinity, uutil lime, no acquaiut- I had known in a FranoiEoo, to re- 41 turn to this country, in the beginBir;5 of Au gu?t, 1853s an*^! arrived here in September, haviijfc brten a month ar.d a, day trivelling. I went bii'-k ai^un, aaihnt; from jNe?* York in the " Oeor^e Liw," afterwards the '■ Cen- tral Ameriia," in the beginning of January, 1854. I went l.'aok to Nevada, arriving there towards th'> clos^i if Fe'ruary. I leaided there u.itil July, 18.54, when I went to pores^ City i oft;u in the habit of pas sing his hou89,seeing him ah.'Ut it, off and on, duru-g the whole c:;onth, and I am sure 1 saw him in Duvidson & Rdey's previously, argu- ing with thu mail he alluded to in the letter, called Scotty ; this Scorty hid peculiarities which almost cny one would notice. Mr. Aikirs and I v/ent int. tbeceil when we came here ; he was quite iamiliar with the loeali- ties ; be related to me some circumstances which I had forgoiten, but which ids relation brought to t*y mind, and which hai haipened at the time of which I speak ; h« recognized my friead Aikins, out called him Hugh Wal- ters, instead of Hugh Aikins, wh.ch it really !s ; I thiiik I can account for tnis because Aikius iivtd with thyself and two brothers, and people often thought him one of ourselves lind called him Waher.". He was aUo iateres ted ill the company for aupplying water. I don't know when the prisoner left Chipp's or where he went to th' nee I have no recol- lection of sctin;^ hiui there iu 1856. I never notiaed the soa'- on h'S cheek. I nov/ live in Canboro. I have friends in Halton My broth r there has been a magistrate. I Lave my lather, sister;) and family in Canboro. To Mr. Harrison — I 'uue spoken to differ- ent persons about the time at which I taw the prisoner in California. I saw him in Oc- tober, Novemhtr and December, but cannot recall any particular time or any panicular day. I never kuew him by any oth^T name than Bob. That is the name by which I heard " Scotty " call him. I myself had no iniim.ite ncquaiulauoe with aim, I have nod- ded o him, in passing, but I never entered into a conversation with him ihat I recollect. 1 did not know his name to be McHenry, nor do I know any thing about the J, I am guided in dates by knov-ing that the rains commenced thatjearin November. I fully believe I saw the pristner during the whole month of October. 1 knew Mr, Davidson to be an intelligent man and an honest man. I should not say tliat he is very strait or very crooked, I noticed Lis hut after about a i^ .J>»» ' 42 three days' rain in the middle of November It appeared quite new. I did not Fee him put up the hut, hirasQlf— bfl may Lave bought it. But before he had it I ijnew hitn to have been boarding at Davidson's and Ryley's. When I first siw him his drets -a as that of a miner. I did not, Know Mr. Chips hiaisdf. so I can't desorihe hinr He was a ehip carpen- ter, hence the name. McHonry hpj the com- plexion of a sunburnt m:Ler. It was, how- ever, lighter than that of loaoy others. I re- collect him as a well sized, well propoitioted man, well buiii, stout, aod likely o ue agooci laborer. lundersiand by s.out, stron,^. 1 know ano her man named H'^ury, a butoher, living at Forest City, who supplied Ciiip3 with meat. His name I have se^a on a curd to be Henry. The man who used to pcJdle beef was a stouter man than this. Ha was not a Son of Temperance, because he kdpt a saloon. Tiue stage I used to travel on to "i iba county used to slop at his house. 1 can t tell w!ien I laat saw Henry--, it was, probably, m August, two or f.hree weeks before I started. H-arv, tlie butcher, is not a very large man. H-. ,8 a dark oomiilexioned man. He is not in the habit of butchering himself, but he buys cattle. He is not quite io large as the prisoner. He wore very large whiskers, n^-arly bl&ak. He spoke quick, with a kind of Yankee tone, lie was con- sidered a very nice young man. H>) had, I think, dark hair, but Icvn't say how he kept It. I can't say what countryman he was— I Buppose an Am'iiricun. A'h«n I saw hio, e was generally behind his det^k or on horse- back. His salcoD was called the Henry House. He kept the Post Ofiioe. I aaw him last m the summer of 1866. We arrived in New York the last tim« i.n the 4th of October. Wo came to Merrittsville ou the btii. We told our friends here that we hiid had no sleep since we came from New York. Tiint is how the mistake may have got into the papers which Bay that we came in 48 h ura from the steamer. We wore m no hurry to get here until we came to the Falls, where wo heard the trial was going on, and tuea we hurried, as we were antrusi-ed with the papers. Mr Aikins ^ame with mo fror- California, all the way. He had been in Ca t. uia all the time from July, '64, until he lor. hoally in 1867. To Mr. FuBKMAN— I am sure we went to oa .,p round McHeury'' shanty in Novemoer. Then, when I Siiw i,im, I knew where aad when 1 had seen him before tha„ time. Beilre we moved our cump to that, I had been to JJavidaon and Ryley'a somotimei two or thr. o times a day. McHbnby requested a., he recollected Chi ops s, in the flats at auction at t^. Witness did not remembtfr. WiTNBse then continusjr knowledge cf hie having b, . ..„.j,^, ^^,^ !f^^L „u""l^, '' ^'\\ ''Ol Red Dog. Nevada lining town, there. I I!h ot February, 1858. wo monihs, and thee (thermiciDg town in pped there a month some 10 or 8t) miles, of Julv; then wen^ to I middle Yuba river. Heft for OhipsFlais, 8t of Oi'tobor. There iddle of May, 1867. iifcco, which I left on iook passage forNew rloo, Seneca county, a»iout the29!,h, and hen J was in Califor- ng on ac'.ive ■^ ining in i pick; firsi, shw 854, a!, Chips JN'.als ; him in a 'aw auU of iyjaiuet the Wilkin- nber of the Wiaeoa. US held, I think, be- f Sierra county. I I when I saw him ; le took a great in- lide, expressed hia slaim; have the re- le; these are they ining at that time ; came to this part of 3 to be a witness ; r in Deceri er last ion. It stated that ave been in Chips' Br was committed toid him I knew a McH«nry, who had her tola him that 1 or Msileury or the this that I should me exactly. His cabin was ■trithin about 2u0 feet of mine. I knew Rich- ard Walters of California, a member of the lodge. 1 ako know Thomas Wultcra, Mr. Hugh Aikins, and Mr. Pilling. We got our water to wash the eaith with from Mr. Wal- ters, who had a ditch. After prisoner was admitted a mumber of the lodge, I wasFinaE- cial Scribe (F. S ) He had t j pay his month- ly dues to me. He used to pass my house too, every day. These were ways I had of knowing fiirn. He built his shanty. I saw him do it. I think he built it in November. — about the middle of the montn, not earlier.— It may have taken him a week to build it.— He stayed before building it at Davidson & Ryleys. I saw him there frequently. I knew him before he lived there, but where he then lived I can't say. I heard him talk about the law suit I have mentioned, with a man nam- ed Andrew Smiih, generally called Scotty, who was cook at Davidson's. I heard them converse several times on the subject. Only the two companits were involved in the suit, and various people took various opinions. — Scotij and Mc Henry both took the same view and were against us. When I saw him here I knew him, witho: t aeking any ques- tions ftb«iut Calilorflia. When 1 knew him he wore whiskers.and I i?aw no scar on hit cheek. Miners, as a general thing, do wear whiskers and beards. I was oue of those who advised McHenry to join the Sons of Temperance. It was some time before he became a member of the order. I remember this because there was a temperance lecture in town, before, in in the street, and 1 saw him there and talked to him. On New Year's day, 186% he met with a misfortune, the wind blew otf the roof of his ehanty. He worked part of the time on Balsam flat and part of the time on Chips' flat. He never worked directly for me, but he did through the same tunnel that I worked. In the fall of 1855 I lost sight of him. I knew him from August 1864, until the fall of 1855 continuously. 1 don't know whither he went of my own knowledge I have a picture of Chipps on the watch. (It was produced, » massive golh watch, and shewn to the jury.) THe picture was engraved in New York from an ambrotype of the place. It was engrav- ed on the Ist of July. I have also a ring with Chap's flats on it. To Mr. Maodonald.— I was not in Buffalo in 1856. Vlr. Maodonald.— I can bring men who re- cognized you there at that time. I never heard of such a person as Garrett Paterson in Chips Flat?. Aujiir. ixiACDOKALD. — He Bigued his name on the constitution, Robert J. MoHenry, not Henery. I did not see him sign bis name, for I was outside sentinal, but saw it afterwards, and frequently when I was Scribe ; can't eay if he had writtea to the officers of the lodge and his signature had not oorrespondsd to that on the constitution ; oan't say whether he would have got his papers or not. We often call the meetings lodges, not alwavs divisions. I might make allowance for the muspelling of the name. (The letter was here shown to the jury, with the signature McHenery.) I have no signs by which to know a brother out of the lodge. ( A Juror here observed that there was none in Canada.) A member of the lodge can have a visiting or withdrawal card. The Crown Counsel proposed to show that the Sons had certain words or signs, or eome- thfng of that kind, but bis Lordship said be could not enter into or allow any controyeray of the kind. ' Mr. Maodonald complained of this. He said he bad intended to prove that there had been an R. MoHenry in California, a Son of Temperance, and that this man had taken bis name, and written in his name for the papers which he never would have got bad be writ- ten R. J. McHenry. Witness then continued—- To Mr. Maodonald —MoHenry and Scotty used to be on t .e same side, and against us, as regards the claims of the Company. I never saw the scar on McHenry's eyebrow. I might have lived ten years with him with- out examining that I knew another man named William Henry, a Postmaster at Forest City, who had a saloon and a butcher's shop. He was an inch or two taller than I. I am 6 feet 6 inches. He bad a dark com- plexion. I could not tell bis age. He was a married man, probably about 80 years of age rather spare. A good deal of discussion here took place about the continuance or not of the proceed- ings this evening. Several of the Jurors said they would like to work on continuously until Saturday night if It were possible to get through bv that time. His Lordship said be would have to be con- sulted on that point. Finally, after it bad been said that the case might possibly be finished on Saturday night, the Court adjourned until eight the next morn- ing. < • < • » SATURDAT,|April 8, 1868, The Court opened at eight o'clock tbii morning, and Agnkw Patrick Fabekll was the first wit- ness examined. He eaid— I live near Cayuga. I am a magistrate. I knew one Thomaa Graham. I also remember Garrett Patterson, who was charged before me in October, 1864, in the latter end of the month, with murder- ing Mr. Nelles. Patterson did not bear the remotest resemblance to the prisoner. Pat- terson had dark hair and eyes.of a florid eo?r.= plexion. You oould not choose two men more dissimilar. Patterson was committed on the evidence of Thomas Graham, who swore con- clusively that Patterson was one of the gang. The evidenoe to prove an alibi was so strong th&t I should have diamiaaed him, had it not been for Graham's testimony. To the beat of of my mem "Ty, Pattjrson was said by Mr. Graham to h .ve been the one who wore mous taches— that is, I believe, Townaend. Gra- ham did not express the least doubt. I first saw the prisoner when he was sent lo Cayuga gaol iu 1867. I went to see him. I mailed two letters for him -giving them to the post- master. Oae of thi?m was addrasiod "Mr. J. Anderson, Recording ticribe, Sons of Temper- ance, California " Ir, waa the same letter that was read yesteriay. The other ona was ad- dressed '-Mr. T. Gray, Foster's Bar.Yuba Co., Oal." I knew what is as in the lettere, and I made extracts from them before I sent ihem. Pri oner sent for me, and told m« he wished to have a special commission to try him. I toldhim thiswaasimplj impossible. Then lad vised him to write to ^'aiifornia. He said it. was of no U89, for the population there was float, ing, and the people in California to whom they were addresse i were roving people, and might not get them. I am sura ne wi u!d not have written th^ leltf-rs wnieh he aUerwards did write but for my u:i^ir>g him, and I post- paid and registered the letters, endors ng on the euvelopes a request tnat the postmasters would open them il the parties had removed. I recollect, the public deeoripiion given of Townsand at the time, alter the murder. It was held lo be so iuacourate that; it was re- garded as of no valuf, ToMp.Macdonald -I never heard of two des oriptionaifj Oauada. I think the one that was current was got up by Juige Foley. My re- mtmberauce of it is that it mentioned a sear on tiie brow. John Foling=by said.— I reside in the State of Wiscoufcin. I waa once in California. I left New York to go thither on the 6th of April, )864. I aaiivtd on th9 6^ of May at tiau Fraucisec. I then went lo Fierch (Jorrol. 1 j went to Chips diggings about the Ist of j August, 186b I Itfi. It on the last of March, ! 1867, Before I Wdnv. ;o Canforoia I lived in j Wisconsiu; Awi re.urued to the same p a','e— | Lafijette Co. I saw the prisoner iu California. I I saw him first in the end of J ily 18^4, in I Chips Flats, in D.ivioson's rtstaiirant. When 1 first c.mt) her«. 1 did au-, rtcognize the pris oner, nordid I ui til I hid couve.sed with him • little. I asked him if he recollected wtiat time the law suit was comau need about the Gas Tunnel Company. Ha then detailed to me the cirenuis jicct s, dskia^ me if I remem- bered s(» and 80. He told me when it was oommeucrfd and h ,w. He ask^-d ma further whether I recollected a joung man being kil- led by a span of horses runnu'g away on the Flats. I did, and at tnat rimt I remember re- cognizing the prisoner. That brought him to my recollection here, and I was able to place him there. I recolleut he arjd James Anderson's telling me ot this accident, at Andrew and Fuiier's store, Tiiis was in October or No- vember, 1864. After this I remembered seeing him previously m Davidson's, in argument, with the man called Sootty. ^I r,ia(ja the month in July, because on the 4th of that month I went to French Corral again, and on arriving back I spent a short time loung- ing about the restaurant where I saw him. I knew Huber, and Aikins, and Walters, of Chipps. I don't remember the subject that prisoner and Scotty were talking about, Scotty's name was Andrew Smith. He was a oaber about the house. I don't remember any other person there named Henry ot Mc Henry. The conversation I had with him was on the second time of my seeing him here. The first time I went in I did not re- cognize him, and I think that, on coming out, I told some people he was not the man I had in my mind. I did not know the full name of the prisoner when in California. I knew him by " Bob," and no other name that I remember. Ihe first intimation I had of this matter was on my receiving a letter from Mr. Barker (produced) which came to me;by hand, as I lived some distance from the place whither it was directed. I came upon its receipt, and on no other ground than that of humanity, and without expectation of re- ward or ot having my expenses paid. The man whose image 1 had in my mind was Bob Winscoll, as I found in conversing with Huber. I am quite sure now that the pri- soner is he who told ma of the accident re- ferred to. To Mr MACDONAtD -r-He did not reoognits me any more toan I did him. I didn't know that there were two suits with the Wilkinson Company. 1 don't know whether the Wis cousin Comptiny had. The Gas Company's dispute with the Wilkinson Company lasted all th.9 time until the next spring. The date of the killing of the young man is fixed in my mind by the fact that it was during October aad Novemner, 1864, ouiy that I was en- i gaged in getting tut timber. 1 told the I keeper of the City Hall here hat the man I j had in my mind was a short man, thick-set, I with sand^ whiskers and hair. I don't know I out I have had some talk with Mr. B. T Cimpheil, deputy sheriff of Detroit, who is here. I don't recollect having told him that I had not seen the man in California, although I was convinced he had been there from the fuels he had told uie. I recollect on one oc- casion, when all the California witnesses and I were sitting at table wiih Mr. Springer, that Mr. Spring- r described a man with #andy whiHkeis, light h.air, and thick-set form. I don't recollect a^yoody saying, "Yes, that's Henry." Springer called the man McHenry. 1 believe Scoity and the prisoner argued con- faideiably. To Mr. FBKiMAN.—The timber I was getting out was for a breast work I was making for a euuirig at the Ciy Hotel. Springer des ibed a man he knew in California by the name of McHenry. I did not assent that this was a McHenry that I knew, nor did I under- stand any of the others to do so. I think Mr. Springer said he never was at Chipp'g Flata. tie said he was a drover and had been in Lower California. I think he did not profess to know any one in Chips. Hugh Aikins testified.— I reside in Nassa- 45 li Corral again, and i a short time loang- where I saw him. I ins, and Walters, of ber the subject that vera talking about, ew Smith. He was e. I don't remember named Henry or Mo on I had with him I of my seeing him rent in I did not re- that, on coming out, was not the man I 1 not know the full en ia Otilifornia. I i no other name that intimation I had of 7 receiving a letter 3ed) which came to me distance from th* ected. I came upon ler ground than that It expectation of r«- ixpenses paid. Th« id in my mind waa i in conversing with •e now that the pri- 3 of the accident re- e did not recognizs him. I didn't know I with the Wilkinson w whether the Wis- The Gas Company's son Company lasted t spring. The date g man is fixed in my ivas during October liy that I was en- imber. 1 told the lere hat the man I hort man, thick-set, hair. I don't know alk with Mr. B. T of Detroit, who is aving told him that California, although )een there from the reeolkct on one oo- )rnia witnesses and b Mr. Springer, that I man with »andy thick-set form. I ayiug, "Yes, that's the mac McHenry. riaoner argued con- imber I was getting k I was making for )tel. Springer de» California by the not assent that this w, nor did I under- do BO, I think Mr. s at Chipp's Flats. ' and had been in : he did not profess [ reside in Kassa- m gtweya township, Halton County, 0. W. I was in California and at Chip's Flats. I left my fa'her's residence on th ^ 8th Januaryl864, and arrived at Chip's Flats in June 1864. I was connected in business there with Waltfifs, Gibson and others in ditching, to supply the miners with water. I Uft, California the 6th of September 1857, and arrived here in Octo ber. I came to this eaul with Mr. Wrtltero, bringing with us popers, I saw the prisoner then. I first remember seeing him about the middle of Ootoher, 1854, in Chip's Flats in Davidson's house. I remember the time from the work I was then dficg on the Kanacket ditch. I know chnl I was at tbat work in October, and that I saw the prisoner then— We were working at the ditch in October, Nov. and pert of D'C-mb;r. I recognized the prisoner's features directly I saw him here, but I could vot place him for a time. He reeogoised me at once, and called Hugh Wa'ters. I cm account for that because in 18641 was known at Chips.gfnerally, by the Oame of Walters, There were very few who then knew me by my proper nnm<<. It was not lone before, and during the first inter- view that I reooKuisei? him b> as to place him. He put upastauty while we were camping out in NovemVsr. Davideon's was a place of very general resort. H»re, his features drew him to my recollection, being familiar to me. I reeollect hearing of an ac- cident happening to a young man gettingout timber. I heard of it at some time in Out. or Nov.. 1864, as a matter then taking place. I remember hearing of one suit at Chipa ; can't say if there were any more. I don't remember having seen any scars on the man in California. He might have had them with* out my seeing them, for I am sure he wore a beard there, which appeared to me a kind of » sandy beard; it was so heavy as to con- ceal the skin; did not know him by any name that I remember ; have seen a person here who says his name is Springer ; If I re- member right he said he was never in Chip's Flats, but had been driving cattle. I think he said he had been driving cattle from Forest City to Donoughville. He said he had sold cattle to a man who called himself McHenry. I never knew this pri- soner indulge in purchasing cattle. I think Springer described the McHenry he knew. — He did not say that man was this one. I never assented to this, nor did I say any more than observe that " it might be Bill Henry whom I knew." I knew a Bill Henry, of Forest city, who does not look like this man . He kept an eating house and sold beef. He became postmaster of the place. He was a very respectable man. I used to go down to Davidson's to get provisions for the company. I went along with Walters and others. I am still interested in California, and in the ditch company. I was a member of the Sons, To Mr. Macdonald — I have read an account in the papers about my coming here at great speed. I believe we were 86 hours without sleep when coming here. The statement in the papers was not strictly, although it was ▼ery nearly correct. I recollect (he prisoner speaking to me soma time in November, con- OrtrniDg a tunnel oalUd iha Oregon tunnel in which he was intert^sted. He was then sun- turnt, a miner, fair 'joii/plevion. The Henry I kn( w at Forest city had dark hair and whiskers, and I don't think he was so heavy aa this man, a litlle Ugbter built. I could not tfcll which was the heaviest. Mr. Macdituald h^le pressed the witness for a lengih of time as to whether Henry was straight or v»iry straight, ruddy or very ruddy, ibo , ond His L Tdship said he could not see that this was pertinent. Mr, AicDjNALD remarked that if his Lord- ship wished to conduct the case h mself His LoBDSHiP replied— And Mr. Macdonald asked pardon. WiTNKSS !o Mr. MacJonald. I don't ,know whetiier I saw Scottv and ihis man arguing at the Buma time. The other Californiuna did. To Me. Cubrib — Scotty was a very gasf-y talkative man. Oekha B, Cuossman said. I live in Pelham. I knew Wm. Towndecd. 1 know ho was in this country in lbo2. I became acquainted wiih him on the 22ad of January, 186Z I lived a short distance from where he w.^rked. I was ordered by Diffin to m).ke what was called a Crieset, an instrument used for beat- ing barrels. I made it and it did not suit, whereupon Diffin sent it back by the man Townseiid, who gave me directions how to alter it. I looked on my books this morning, and the charge for making it was entered. It was a misunderstanding, or I should have brought my book. I asked the man who served the subpceaa if it was necessary to bring the book— he said he supposed not, and I therefore broUj,ht a memorandum only. To Mr. Macdonald — I never enter in my books " to whom delivered " I remember Mrs. Grant, as living at D.ffin.s tavern. I don't know whether she was living there then. The next article o larged in a -'^ book after the crisait is probably a horse shoe. I can't say who brought the horse. I don't know what the next thing 1 did for Mr. Diffin was. I had worked for Diflan ever since he lived in Pelham, for 12 years. I can't say whether I mended a buggy for him soon be- fore or after I mended the crieeit. I saw Townsend early in 1852 at Diffins. I'll not say he was or was not there in the winter of 1862-'3. Townsend sometimes brought other articles to me. He afterwards brought a trace hook to be mended. That is not entered in my book. I can't teil ail the persons who brought things to me from Dlfliu'a. I can recollect this because there was considerable talk about it. Mr. Macdonald reserved further examina- tion until thA hnnba ohnnH i^" h'-f-'-i-^ Jambs M. Jonbs deposed. —I reside in Cleve land, Ohio. I acted for the prisoner at the time his case was under consideration there. I knew one Robert Fleming. He made a deposition at the time of the prisoner's arrest. 46 i -^^ m I was with him when he went to the gaol to see the prisoner. The prisoner was m the hall. I had that morning objected to the manner in which witnesses were shown the prisoner, by persons asking them if they saw anything like Townsend in him, inatead of asking if they could pick him out from others as Townsend, Fleming then came in, and McHenry among other prisoners stood before him. He said he was not sure whether he knew Townsend, but he did know the man who had shot the officer at Port Robinson, who had sat at the head of the table, He looked at the prisoner and so did a Mr. War- ing, and both were unable to point out any of them either as Townsend or as the man who had shotRichards. Waring indeed pointed out another man who had a scar on the cheek. Fleming told Mr, Philpotts, on being asked if he recognized the man who shot the officer, " I don't know that I do." I repeated the question and Fleming made the same reply to me. Philpotts then stepped up tojMcHenry, and slapped him on the back, saying to War- ing " Is this tlie man." Waring replied but Fleming said nothing. I heard no more conversation inside the gaol- Presently Fleming and Caleb Hunt who had come with him went out. I remained for a minute or so, and, when I went out I heard them talking together in> low tone of voice. I stepped up and remarked " well Fleming, what do you say now ?" He was about to reply when Hunt said in a quick tone " here Daniel, come here" and, taking him by the arm, led him away. I perhaps ought to state that, just before leaving Cleveland, now, I had a conversation with Mr. Hunt who ad- mitted all this, except the word Dan. So that, instead of tha circumstances being as I see he related them, they are very different. Mr. Flanders gave his sta ements on aflSdavit after an arrangement had been made between us and the opposite counsel that it should be taken. The arrangement was a public one. To Mr. Maodonald— lies knew nothing about it that I am aware of. To Me, Fbebman.— The prisoner gave me his history, and, if I had had the means of making it public and bringing the witnesses, I would have disclosed it. I advised him, however, that he had beat let the state make out a case if he could, and even if he were convicted there, he would be acquitted when he got to Canada, where there were lots of people who knew Townsend. To Mr. Maodonald— This (produced) is, I believe, the handwriting of McHenry. Mr. Frkkman then informed the Court that the counsel for the defence could bring for- ward very numerous witnesses, but that they were willing to rest their case on the testimony already adduced. Mr. Maodonald said he had no objection to wait until all possible witnesaea w«pa hrnnolit forward : but ° Hw Lordship directed the REBUTTING EVIDENCE to be brought forward. James Nkeles deposed — I remember Robert Flanders being at my father's after the hanging of Blowes and King, whrn my bro- ther and my father were aho present. I re- collect something being said about the means of recognising Townsend. It is my impres- sion that something was said by FJanders about several sears, but I am sure he des- cribed a scar over the left eye. I am not posi- tive that he put his hand up, but I think he did. He said nothins; about a scar or cowlick near the root of the hair He said "Townsend had a scar over the left (tyc, its not very per- ceptible, and if you mRt him on the street and did not know he had a seir, you might not notice it, especially as he had a hat on " This was all said before the apprehension of the prisoner. Afterward^ about three or four weeks before the trial at Cayuga, I met Mr. Flanders in the street at Dunnville. Conver sation passed concerning the prisoner, and he exprested his surpriao that so rrany people should go forward r.rd identify this man as Townsend, as he could see no resemblance whatever between the two. I said, "Well. Townsend had a ecarover hialeft eye." "No," he said. To Mr. Currie ~I was not examined at Cayuga. I would have contradicted Mr. Flanders at Oaynora on uath if I had been called upon by the Solicitor Genera! to do. Sampson Nellks said — I a!po recollect the occasion. Flanders described the color of Townsend's hair, and said he had a scar over the left eye. He remarked " you mi^ht meet him and talk to him and perhaps yon might not observe it, but if you knew it is there you can see it quite plain." I'm not sure whether he described any other scaroi. He said nothing about any cowlick. To Me. Freeman— He put his finger up.but I don't remember where. I did not know Flanders before the murdera Flanders said here, that Townsend bad a cowlick. U be did not say that I misunderstood him. Flan- ders told about the scar just as he was leav- ing, and standing on the vorau'Jah. To Mr. Maodonald— He did not say the ecar was at the roots of the hair. Wm. W. Nellks deposed — I recollect the conversation. Flanders came to my place and received the reward, £2.5, that I had offered for the apprehension of the murderers. He said he had had good euccops. That he had taken three of the gang whom he had only seen once. I said they were all taken except Townsend. FI 'uders' said he knew him, and that he had a scar over the eye. I don't re- collect that he mentioned any particular scar. He said this inside the house. I don't know whether my sons were present at the time. I ana not sure whether he said scars or scar. I think scar. I rather think my sons talke-^ with him under the verandah, but I didn t iro out. * To Mr. Fexkman. I can't say whether he 4V the EVIDENCE —I remember Robert father's after the King, whrn my bro- ) also present. I re- 3aid about the means It is my impres" as said by Flanders t I am sure he des- t eye. I am not posi- 1 up, but I think he nut a scar or cowlick He said "Townsend >y«, its not very per- iim on the street, and seir, you might not 3 had a hat on " This apprehension of the about three or four it Cayuga, I met Mr. Dunnville. Conrer the prisoner, and he lat so n^any people identity this man aa see no reeemblance two. I said, "Well. ■ hialefU'ye." "No." 8 not examined at 8 contradicted Mr. wath if I had been or Genera} to do. ■ also recollect the iribed the color of ! he had a scar over i " you might meet perhaps yon might : knew it is there ain." I'm not sure jf other 8car"i. He wlick. Qt his finger up.but I did not know era FKnderssaid a cowlick. If be jrstood him. Flan- jst as he was leav« 'cran'Jah. 3 did not say the le hair. d — I recollect the ne to my place and that I had offered he murderers. He leps. That he had whom he had only irc all taken except I he knew him, and a eye. I don't re- iny particular scar. ise. I don't know jent at the time. I id scars or scar. I ik my sons talked lah, but I didn t go 't say whether he ■aid "he had a scar on his forhead over his eye" He gave roe nothing further to under- Btan J than he had a scaron his forhead ; only heard him mention this ainco. Andrew Oliphant. To Mr. MAcnoMAtD. I reside at Lundy'a Lune, and U8;d to I'ol'.nw blacksmithing ; knew B'^'njaniin Diflin ; he resided in Pe!h>»n ; was also a'^quainted with him in '61 and '62; knew him before; cun easily recollect th*^ time he was at Diffin'p, in the Cooper busiij>'s»,; at that time I uped to burn charcoal a short ilintance from there ; remember Towns«nd !;aving a handkerchief over his head ; on one occHfion I understood it was on icconnt of a hurt Avhich he had re ceived: could not adj who irforroed him miijht, hitve obtained his bnowledt^e of it from Townsend hira-ielf, but Jo uol remember if Diflin was present. Here Mr. Freeman orjcctt d that at thie stage of the cam the O;own co'iJd not be allowed to ask anything that hnd not occur- red in Diffin'a presi-nce, and upon an ait-jf ca- tion Hie Lorn-^nip ruled that evidence in chiel could not now he ko!'« into. James Chambkkb s^i''. I a.ii a .quaintec with Aaron h'urr ; had r-oaie converaution a>)ont the tioi'' of th« txuiinuiitioQ in Cieve- Inr'il, I asked liim if he would know Townacnd fionitiveiy; hn said he would, .vLd hb (I'arr) had kti)ke'i ovor his shtiuider m;o a gi(»i?8, and Towi S'ii'd 8!i!':l thttt "hi'(Townserri) had as c;00ii a nlue «ye as he " I undars^louvi him at that time to siy that Townsend had a soar over his left a) e. B J. Oampbkll, of DriLroit, Mi.'.higaD, De- puty Sneriff and Revfiiuie Othcec.fe'iid I catrje down here on bui-ini-K.-'; 1 h.ui a V€iy levv words wi:h Vir. Pilliiii,'^ cotc^roing iht- pu- Boner. He Sf.i i ' niri Uian biougut ;o his mind cir(!uraB*anof6 whiyh had tran^piiod, buD -le did no r r''!0!ie«; lo h ive 8'»et: him Iher*;. To iVfr. Fkekman. 1 catjSi say triat iJr. I'll- linga haJ aav coo'.-*'('-atii>a wiji 'Ji*\ alter ihe 8>-ci>i)d ttrue he (P.. 1111,53) ua ' seea iha p;i eoner. Mr. Glovkr, of tiie City Ho;.jel, said — ur. Fillings sLuid ut uiy oous'i a part of one day. He said he ktjew a mu,a t)y tbrj name of B'.;t> in California, wiio was a good-iookin;^ man with sanily whitikeis — a stout-built man, with not dark hair. ti^ did not recollect, lie said, whet,h«r tho mai/a name was MeHeury or not. To il'". Freeman — I ra'.her '.biuk he hud not deea the priso!i«i at ail at that im^u. Saqrks S Hagau — I had aomt< coiive!.?.-,ijon with iWr. VaI- r;Mao Schtam uoncevningTown- sen^l. He (ieH!'ribed iiim as a mau wnh high cheek-bones, tnia «hfe-.k.3. a long chin, Ac, and he npoke parttnularly of a scar over bin eye. I can't sav wnev,her he mpntioued eitner eye in piirtioular. To !Vlr. Freeman — yiv. Sohram is a rsspeo- tabio man. I eauuid ihiuk, if ha saiu h« hau not told me ihis, he must be under a mistake. Nancy Crumb, living; about a luilf^ and a half from Bridgttport, (Joraan,) said — I know William Harvey, who resides in Cayuga townabip, near the Townsend family's reel dencA. I heard him ?ay, after Townsend had murdered Mr. Neiles and had gone away, that Townsend had changed his name, ana callwd himself MoHt^nry. I can't say bow long after the murder this was. He was talkinc to my son Benjamin, if I miatakt^ not, and in my own hou-ie. It appears to me that there wcreotlu-r persons prei'ent, but I don't remember who. To Mr. Freeman — Prisoner is not Townsend. Mr. Macdonald snid this was an improper qupstiou. His Lordi'hip agreed with him. Witness, eontinuintr, said that when the prieop«r was caught the whole thing came buck fresti p^ i^er mind. William Taloott said — I now reside in Cleveland. I h ivp been a sailor for twenty years or more I have kcown ih<^ prisoner, and saw him in the spring of 1862 on the echo.'f'er St. Liwr'-nce, on L'ike Erie. He was a cook, and a pretty good oo-^k too. I ll irk he cun« on baa d t'le St. Lawremce in April. I was mate on board ibe vessel. He remained on board about a month and a half or more. I was examined as a witnesi!! before the U S. Cotnmip?i'>n at C;»'Vtull. He 8«id, "if the 'hat questions to put D;ore light on the Bub- thrown upon it." — ut his expenses. He iiiviile, had promised e did not fay what be 3t paid. The oonver* rwukfast tablf. Noth- Lordship refused to show that there had ad's cheek. He also jony to shew that if a Son of Temper anoe, the principles of the ', W!»8 not one. Flanders told me at ^ownsend's face had eople were all wrong m had told him after "There I see Towns- see a resemblanoe to yhen looking at him ■O'Brien told me se- swpar whether this nsend. He expressed veral persona in mj ivished to prove by Boner was aot a iioa t allov, it. c, put in the book of a ci'issit naade for ommenoe bis speech wished to soeak for it. ed until 8 o'clock on , April 5th, 1868, day's incarceration, z at about nine this Judge and Prisoner respective seats, ained and said-Mrs. mm Ootobur 20th, 1 then near D'flBn's. ty season she lived er name then was I lived within half 62 and 8. On re- a book Townaend was ther« in the fall of 1862. A recollect seeing him at that time at Comers He worked at Diffin's in the latter part of Sep- tember of that year. To Mr. Freeman — I have a memorandum book, but could not say how late I saw Town- send in the fall of the year. Saw him at different times in the fall. Began my cooper- ing in the latter end of August, and gave it ap in 1864. I'll not say I did not see him in Kovember. Mr. Maodonald then proposed to call one more person, whom he had subpoenaed to come and testify to the fact of Townsend's being kicked by the horse, when towing vessels through the canal; and, after a delay of a few minutes, he entered the court, and Solomon Dorling testified — I was once en- gaged in towing on the canal. I knew Town- send.but was not present when he was kicked. I have known two horses called "Spot," on the canal. I don't recollect a man being brought into ahousenearThorold.after being kicked by a horse. To Mr. Freeman— I don't recollect any one being kicked by a spotted horse. I was once kicked by a horse, on my face, at Thorold by a bay horse of Mr. Reed'd, at Port Dal- housie. I was taken into a grocery at Tho- rold. Was insensible. Don't recollect who carried me in. Had a patch of sticking plaster on my face. I know Mr. Devine. I i^on't exactly know how long ago I was hurt. It was just about the time the new locks Were beirg>i in support of the confusion aad ftar which Ilea pro- fessed to have felt on lire!; aeeuig him. It was quite unexpecredly that the consta- bles were quietly lutrodaced. As to Ilea' evideuce, he would lay tnat a man could not be a witness in his own cause iu a civil mat- ter—neither ought hia evidence to go for much tn a criminal suit on the result of which he had a civil interest. But even taking it into considt r/ilion, how did it tell agaumt the prieoner ? He was arrested on a false charj^e of taking the trunk, and when at the station-house said "lUs, lies, you know me." Waa not this what might have been ex- pected? He was bei^g carried imo custody and to whom would he apply it not to the man at whose fireside ue had b^en sitting and whom he believed his friend ? The ex- clamation was not ' lies, do you know me?" but a positive declaration " lies, you know me," and Mr. McArthur said he thus exclaim- ed as if he wanted somebody to bail him out of gaol. Mr. lies might possibly have seen this, and, accordingly, all these circumstan- ces were omitted iu his relation. He put in however, a conversation said to have taken' place, in which the prisoner, it was asserted, Baid he had been in Canada, on the Grand Kiver, in which no person corroborated him I Oa the contrary, the Coubtable'e evidence seemed to contradict it, inasmuch as he thought the prisoner only said he had been in Dunnville,and through the Wellaud Canal Again, lies said the prisoner admitted he knew King and Blowes, and when told they were no ma'-<>, he said with an exolamatioD. "Poor fellows. ' Now, if he were an innocent man this was quite to be expected, but the Crown seemed (o presume him guilty, ard put on this exclamation a coudtruction as if he were seniiible that heaven was traokino dim. Agttin, at the gaol, McArthur told faim something about the piaicd. "Who" ^'^'^ , »^^ prisoner " told you about the piaiol lu«n, he exclaimed, " I see -hrough It all. I understand the treaob- e-y --or.as relalt;d,"d_u the man who would sell a friend, • " desert a friend," or " prove a false friend" McArthur',, detail ol this o.nversaUon was ditferent, very different from lies, wno used his expres-ioua designedly and for a purpose, every word pointing like a dagger uniouched by mercy, to that man's (pridouer s) hearf. But aaaur.ng the man to be inno(«jot— as the luw ohuulj— was there no-, a reasonable presumption that the more favorable construct-on of the conversation was tlie true one. One more word on this conversation. The Crc.wu seemed to assume that a numoer of witnesses for the defence wero of ihe gang with whom Townaend had been connected. The Crown prosenuter even declared in open Court that this was so, that farmers and others were "the companions of Town^end, Ac " He (Mr. F ) did not believe tliie— ue taought a regiment uf soldiers could not carry Towisend through thtse counties aliva How unlikely, if the assumption of the Crown were true, would it be that Town- send should he ignorant of the fute of Biowes and Kiug until he was told by lies I Of those pretitnt at the muider of Richards, only one Pjlts, knew Townoend, and he only saw him* then through the parted curtain. Mr. Hagar who waith..re, doej not identify the man-^ Mr. Gayno;-, who was robbed, does not iden- tify him. Mrs. Fleming who does recognize him, described Townsend as having a liaht blue eye, light hair, and a sandy complexion. Jvow, had Townsend any of these character- istics? She described this man well enouch but not Townsend. But the Crown say "he's gone to the Souih, where peoples eyes grow blue." "He has plucked ous his fyebrows," although barber brown says that mak^^s them grow thicker; and It is the man, so changed, that Mrs.* ^leming describes, although she saw him As- fore the change. To proceed, Mr. Potts' evi- dence is like the reai-, and, if only partially untrue, ought to be rejected. Mr. Mc Cap- pin s was uncertain, and he himself would not have the prisoner convicted on his testi- mony. Flemiug said he recognised the pri- soner at once, and related various circum- stances connected with his recognition. He would say no more than that Mr, Jones' evi- dence contradicted this ; and Mr. Jones was surely a respectable m.a.-), for on the other side, just as here, men of infamous character i were not allowed to have the charge o/ the ' secrets of clients. As to the evidence of ' iJorbes and McKay, of Woodstock, they say they only arretted this man on the au- thority of a telegraphic despatch. In fair- I f 61 i^ith an exolftmation, f he were an innocent )e expfctod, but the line him guilty, ard a coiititruotion aa if uoaven wua tracking fuol, MoArlhur told the pidlol. "Who" iold jou about the 3XoIaiQ)t:d, " 1 8«e orstaQij the treaob- a the iiirtn who would il"iit)ud,"or " prove a iur',1 detail ol this pent, very di/ferent cpreenoua designedly ' Wvord pointing like jiercy, to thut man's aasur.ng the man to phi;u).J — was there ption ibiifc the more of the <;onvor3ation uoi-e word on this u seemed to aaeume i?8ea for the defence fhom Townaend had "n prosenuLer even lat this was so, that "(.he companions of . F) did not believe (Dt of soldiers could ough thtse counties the assumpliou of lid it be that Town- f the futo of Biowea i b> lies I Of those Riehardti, only one, id he only saw him jrlam. Mr. Hagar ientify the man,— )«d, doHs not iden- who does recognize as having a light sandy complexion. >f theye character- man well enough. But the Crown e Souih, where lua." "He has although barber iem grow thicker; ranged, that Mrs. h she saw him be- Bd, Mr, Potts' evi- if only partially fed. Mr. Me Cep- he himself would icted on his testi- jcognised the pri- various circum- reoognition. He at Mr, Jones' evi- d Mr. Jones was ior OD the othcf ifamous character he charge ol the the evidence of odstock, they say aan on the au- patoh. In fair- ness the despatch ought to have been pro- duced before speaking of it. Now, as to the strength of this belief at the time of the ar- rest, he woald say that they had not acted as if they believed it. Then Mr. Robinson said he saw him on the railway west of Lon- don. Why did the Crown not bring other witnesses to corroborate this! May, again, who thought he saw Towsend in Ohioago| said, if that, was fownsendthis man was not. And as to the name which May's father taid his son had mentioned as the one Townsend then wished to be called by, it surely ought not to have any weight as against this man's life, Mr, Cheshire and his friend, who said they had seen this man once, and once only, did not say that he had changed— they said he was just the same. But the Crown claimed that he was changed. Then Mr, Higgins, who iden- tified the prisoner, had also eaid that he was at work with him during three months of 1868. And this, if so, was a thorne in the aide of the Crown. He (Higgins) said his Toice was changed, but others, and Brown among the number, knew him by his voice I And, if the prisoner then described the dif- ferences betwen himself and Townsend, it was not because he knew the change he had effected in his own appearance, but because he had heard at Cleveland the description of Townsend given by Flanders and others. If, again, the prisoner said " not Cayuga, Dunn- ▼lUe," in relation to a boat said to be stolen from the " Mohawk," it was in a playful mood, and because he had learned at Cleve- land that the " Mohawk " had laid at Dunn- ville, not at Cayuga. Mr. Sherwood was standing by. He did not say prisoner intro- duced the conversation, and in this his evi- dence rather differed from Higgins', Then Mr, Haw said he knew Townsend in October and November, 1862. If he did, he was not then on the "Powhattan," This man was, and only left her some time in December. Mr. Haw said he never had any doubt, he knew this man was Townsend, And yet he said he had been to see him on a Sunday, and offered, if he would give a history of himself, to get up a subscription for his defence. Away with such evidence, from whomever it came, Mr. Graham aid not know, when he was robbed, thpt Townsend did it. He did not recognize him. Yet now he aecognizsd in this man both the man who robbed him and Townsend, and this in spite of the fact proved by Mr. Farrell, that he had previously sworn that Patterson, a person six feet high, was the man who had committed the robbery upon him 1 David Youcg next swore to this man. In his evidence he expressed himself positive— there was no suspicion in his mind that Townsend was in disguise. Mr. Mclndoa was the first really respectable man in whose «videnoe uothing contradictory occurred, ijct it stand, in face of all the evidence for the defence, with all the weight it could com- mand. Stringer's evidence might be passed over— he was not positive as to this man, and described Townsend aa a man of a blue eye. Mr. Buck's evidence, as Mr.Wetherby prored, was different from his previous statements. Hezekiah Davis was a strange man to giv« evidence, as he did not even know his own Bon alter a short absence, he did not know Mr. Barker here, although he knew him well at Dunnville, Barton Wait was the next wit- ne'js for the Crown. If he, describing Towns- end as he did, had sworn this was Townsend, he would have sworn to a man whom be bad described as something very different, with big toe joints, and all that. Burtoh said that Townsend had a soar not like this man's, and swore he was not he. Brooks says he knew Townsend in the harvest time of 1862, and at Olney's Mills m the fall of that year. This could not be if he was on the "Powhattan." Passing over several others, he came to Mr. Kelsey. lie was the only one, living within fifteen miles of where Townsend's family re- side.who testified to the identity of the prise- ner and he I Mrs. Hatch was a woman con- cerning whom more could be understood than expressed. Her mother's house was the resort of the vilest outcasts of society, and her evidence could be fitly taken up in connection with that of those who were brought from the recpptaole of convicts to bear down tho evidence of honest men. She said earrings could be stuck on the ears, Bry- son said Townsend took his out of his ears in Buffalo. And Bryson, when he first saw the prisoner, said he did not know him. He then had a conversation with Mrs, Hatch, i id the next day requested another view. He aad it. He held out his hand, saying you are Town- send. I know you by the holes in yoi r ears. He found no holes, yet he went dov n and swore the man was Townsend I Therj were no holes. There was rot even a mark, although holes even when closed left one ! The next evidence was Peter Brown's, a convict. He was put in the box to play a duplicate char- acter, to show that this man was Townsend, and yet to explain how it was he was unlike Townsend. He said hairs, when pulled out, came in blacker. It was strange then that, although the Government had been barbering this man for months, oiling his hair to make it lighter as some witnesses said— oiling it to make it look darker as others said, and yet, although Townsend could change himself into everything ; they could not make thit man anything but what he was I Lae, egain, another convict, who swore to everything, said he had learned to know Townsend when working at c cooper's shop of Mr. Patterson's, where, Mr. I'atterson and Mr. Muir said bo never had worked I Mr. Brooks, who swore positively at Cayuga that this was the man, said after seeing the sisters, " I'd give any- thing to take my oath back." Accordingly, he was douhtfnl horo anrl hia />iT<<)an../< ^r-f^^ to go for nothing on behalf of the Crown. The next witness actually said that Townsend himself had carried to Diffin's the news of the murder, although nobody else from its neigh- borhood said people knew anything of it for two days after. That surely weakened his evidence 1 The next witness was Mrs. Ayrei. 62 ^' ♦ it r .? \ Now, neither aha nor her husband thought they were going to see Towoaenil. Nor did ■he do BO until long iifier she had first seen him, ae her hntband sai'l But uhe said ehe recognized him at ohoh I Mr. Ayre'', who ought to know his wif(4 best, said " even after what aha aaid, I did not beliave it was Bill Townsend." Potte, the next witne«, said this man's hair was darker than Townsend'e, This was a new viuw of thn easel Aaron Jennings, the next witness, wai the man who paid several visits to the priaomer, during one of whi(!h the prisoner made a rude, inexplioable remark unless every mystery was to be made an iron link to bind ttiia man to crime. He aaid, " What a fool I wna to tell Hobson what I did, of Hodge." Mr. Hobson, who was put in the box, said priaono- had told him noth- ing 1 Mr. Hartley provcc- ibat Towunond was working for aim in tbe:eummerof 1865, while this man was on Lake Erie. Mr HoUoma' evidence was the noxt of any iniportanco. He did not know what that person thought of himaelf. He thought very litiie of him He went inside the gaol *i.h professions of friend ship — talked of thing-i not of this world — moved him to tears— went out if the gaol and dieolosed all that had puBRi^i. Oiateuip- tible beneath contempt was such conduct, and the man so d ad to horor ought not to bn be lie/ed upon his oath. But what did he get out of that conversation J Prisoaef said, "you were driving piles," and this was construed into an admission that he had been in Cana- da! Why, had he not been previously talk- ing of driviog piles ? He only said he thought not. Aud ai that time, Townsend was only five years old I After this let Mr. Heileroa be silently passed over. The young gin who saw kiwo men sitting on a lug eating buns was, he thout^ht, sincere, but her evidence was probably incorrect; she must have been too much frightened. The case for the prosecution was closed by what might be called a farce after seriouj tragedy. How, in the aunals uf criminal jurisprudence in this Province, was such u piooeeding enacted as to put barbers into the witness-box to testify, in a case of murder, to impossible things, which ought to be laughed at, and medical men to testity that it was pos- sible for carbuncles caused by tight boots to be removed, '.vuile prisoner himaelf never wore tight hoot« here, but always a fine boot or a mocassin! Wherever Townsend now was, he had his marks with him, as would be seen if, as God grant, he ever was found. This closed the case for the prosecution, and he would be far more brief in adverting on that that for the Defence. Evidence ot the best and most respectable neighbors of the Towns end family hud boon bruught. £?uii HIb Lordahip bad almost chided ehided him and asked if he were about to bring all the boys of the Township to testify. He had therefore let many of them go, although he thought even the finger of a boy was never to be de- apised if it could roll back in any waythe tide of evidence brought against an innocent man, although he waa thankful that boya would come without even the promise of i\ cent, to give their evidence against those whom the Grown had not let go away disntisfied. He made no aooueation agaiuHt the Government. The Government believed the prisoner guilty, aud believed the cloud of witnesses for the defence forsworn. He thanked heaven, in the face of this, that men from hundreds ot miles away, had come spijutaneoualy. It was done because they believed the cause of this man was that of truwh and innocence. To him, he would say that he had no hope of reward for the part he took, and it was far more grateful to his feelings to spend so r.s to see truth triumphant than to receive a heavy reward for securing the triumph of error. It was the duty of the community to defend the innocent as well as to prooecute and punish the guilty, and it seemed that the Administration might well have expended a little to establish this man's innocence, when they spent so much to ea- tablish his guilt. Bub he would analyse the evidence for the defence a little There was a man named Canfield, who said " 1 have often sat in the school house with Townsend and looked into his eyes. I know they were black, aLd 1 have heard him called black eyea" Would this man ever be called black eyes f And who was this Mr. Canfield. Was be a man bruagbt here by that notorious gatherer of false witneasee — Robert Flanders f No. But he would just say of this Mr. Flanders, that he was the man who had tracked out the others of the gang, and whose recollection of features was ho good that he did this in the face of an incorrect description, although he had only seen them once. The Crown insinu- tea that he had connived at Tow nsend's escape But the sooner they dropped that, and in fact ail thuir proceedings, the better. He would now jut", feier to the scare. It had been at- tempted to be ehown that Townsend had a scar on hia lace, made by the kick of a horse. How had this been corroborated by Mr. Darnan, the last witness examined this morn- ing I Those who said so forgot, perhaps, that such scar must have been made while the new lucks on the canal weru aeing built, and before he was entered on the ' Mohawk," at which time there waa no acar on him, or it would have been registered in the booka of that vesRel. And could that scar (pointing) have been infiicted by the kick of a horse! Gould it have boea indicted by the iron shoe of a horse, and have broken no jaw, no bone — have made no other injury ? Imposaible. As to the oonverpation, eyes, general appear- ance, habits,(Sso., as described by Mr. Eobinson ''ud others, how different were all from this man's ? Mr. Stuart gave the same descrip- tion as Mr. Robinson. Mr. Cameron, of Duna= ville, at whose house Townsend boarded, said this was not the man; Higgins, who lived there, said he was. The law aaid the priaoner should have the benefit of the doubt. It was true that many of the witnesses could not give the description of Townsend's noae. But what of that i It waa sorely not neoes* sary that a man should speak to the form of M )mi8e of i\ cent, to It tbose whom the away disntisfied. ion agaiDHt the ernment believed ud believed the defence forsworn. i face of this, that es away, had oome lone because they I man was that of him, he would say ward for the part ore grateful to his le truth triumphant eward for seouring wau the duty of the iunooent as well as the guilty, and it ration might well istablish this man's nt so much to ea- would analyse the little There was who said " 1 have use with Townsend I know they were a called blaok eyes" called black eyes I infield. Was be a notorious gatherer •t Flanders! No. this Mr. Flanders, lad tracked out the hose recollection of ; he did this in the iption, although he The Crown insinu- t Tow nsend's escape )ed that, and in fact better. He would 's. It had been at- I Townsend had a the kick of a horse, rroborated by Mr, xamined this morn- jo forgot, perhaps, i heals made while I were jeing built, on th« ' Mohawk," lo scar on him, or it »d in the books of lat scar (pointing) 3 kick of a horse? ed by the iron shoe n no jaw, no bone — ury ? Impossible. es, general appear- ed by Mr. Eobinson t were all from this the same descrip- Cameros, of Duna= ov/nsend boarded, nan; Higgins, who The law said the lenetit of the doubt, the witnesses ooald if Townsend's nose, ks surely not neoea- peak to the form of another's chin to be believed that he knew him. Mr. Mnitland, an hoD«flt, fair dpiiling man, told us that this man bad an intimate knowledge of th« localities nt-ar Glas«!Ow. Townsend nev<'r had a thought above a negro melody; but Mr.Dewar was a Scotobman.who had told his siepsou all about it, in order that h" might escape aflermurderintj people Ridi- culous. T!)e mind mtisL be convinced thjt he who could des'Tihe the fences, the hewn stone on the road, ibe ar'thitrtolure of the houses, the history of the inhabitunt' of the place, must have been there. And wiiat, a mistike theproneoution hid made when they brought Mr. McKenzie forwa-d. H against him, for, had it not been too small for Townsend, it would not have drop- ped off him. Concerning Mrs. Flemming's evidence. it was extraordinary indeed that she had had apresen- tirro-nt that something would happen, when i»he saw the pistols in the man's pocket. Her evidence had been somewhat different from that of her hosbBnd, but this very disorepanov added to the presumption of its truth, by shewing that it was not a made up story, like that of the California witnesses, who had made the man argue with Scotty from the beginning of Julv until the end cf November. Mr. Gaynor.althnugh perhaps not a very intelligent man, had touched a point at issue when he asked who ihis man was. How- is it that nothing was heard of McHenry from the time he was said to leave Scotland until the time he came up at Sandusky gaol. The Crown said he could give no account of himself because he had no past history other than a Wm, Townsend. They dat- ed his birth as MeHenry when he was engaging on the '■ St. Lawrence" on Lake Erie. Tne c 'urse taken bv the defence in putting Mr. McLouth in the wltne«s'box themselves miehl have considered dan- gerous in a civil case. But i; was not in this instance. For, wnen there was a McHenry there was no Townsend, and at every time when we could trace McHenry They lost sight of Townsend. Tliey had gone to California for an alibi. This was needlesa.tor, if they could have proved that Townsend was any- where out of .Sandusky gaol between July IdSl ai d iMarcb 18S2. Town=eiid was well known here. Why did they not point out where he was at this time.— This was the strongest point in the whole case. — They all knew there never was a cooler or more dar- ing character than Townsend. How c(ol and ard calculating was his conduct at Wood- stock How cool was his condu'l when he sat down to supper at Port Kobinson ai.d ordered a bed, after commiting a murder and a robbery in the neighborhood. He said he would make witnesses of ry one of the jury to point of resenil. lance. Let in look at the cool conduct jf the prisoner during trial, reading new-papers and hoid.ng on occasions i!;e candle to liis f ice. There could not be two men of such inimitable coolness. As to Mr. Flemiiig and Mr. Jones' evidence, which were in some degree contradictory, it ought to be coii-idered lh*t Mr. Jones' evi.lciice was no more straightforward or true than that of Mr. Fleming. V was said iha. Mr. Fleming and one or two others had only seen Townsend once, and could not therefore recollect him. IVow they had seen him under circumstances which fixeil him in their minds. The man's smile was a \hiim that any one could recollect wlien his features were forgoten, and Mr. Forbes and others pointed this man out as Towns- ends. His learned friends hud clioscii to speak very severely of Mr. lies, whose evidence he distiusted because be wa.s working, as it were, for a reward. He dissented from this opinion, and thought that Mr. lies' evidence ought to 1)6 received, especially where cor- roborated. Where nfl« corroborated, it was for good reasons. In the matter of bre.n!:ing the glasi, nooiher witness stood by to corroborate it. On that occasion the pistol first appeared,andhe would remark, alihi/ugli It did not much affeit ihe case, that there wt.re on tlie pisiol two letters, W. T. These were probably the maker's mark. His liORDSHiF. — What IS the good of taking up time so. .Mr. Macdo:'ald only alluded lo it as an ex- traordinary coincidence. Mr. lies and Mr. Mc- Anhur's eviiience agreed in the main, and were not so dissimilar as had been said by the Counsel for tlie defence. About the piotol. he would ju?t further remark that it was strange a man should curry a pistol and three knives who had but Ihirieea cents to protect. He hwa said to the Constables who arrested hIra that he had not i;ecn iii liuiTalo these two years. If he had been in Huiialo two years before, he had not been in California in 1855 as his affidavit set forth. The evi- dence of Mr. lies concerning the conduct of ti'e priso- ner at Cleveland was very strong. He (Mr. Mucdon- aid) threw aside all the testimony as to ihe color of this man's hair and eyes. One often knew nothing about the color of hair and eyes of one'.s friends. — Although even now it was difficult to say whetfier the prisoner's hair was black or orowii. and ihe downcast eyi= which Townsend showed, sr.ight bav:' !j veil it a dark shade ; although even lumps on one's feet might diminish, and scar* grow less in size. With regard to voice, It was said Tow. 'seiid's w'as peculiar, uut he had a power of imitating voice:. The evidence of George May, connected wiih that of his father, made up an imporiant point. He said iie had met Townsend ill Chicago, and had told his father that he (T.) told him it was McHenry. That was the first heard of the name McHenry, and when it was constdeied that Mr. Harvey told Mrs. Crumb To weend had changed his 65 tiB presumptioD of its not a made up story, wimesses, who had r frnin the beginninif of Mr. Gaynor,alltinugh man, liad touched a lo ihis man was. How )f Mc'Henry from the and until the time he The Crown SHid hn elf because he had no I'ownsend. They dat- 1 he was engagins on B Erie. Tiie c mrse g Mr, McLouth in the have considered dan- ms not in this instance. Henry there was no when we could trace rownsend. Tliey had This wasneedlesa.tor, : Towiisend was any- jetween July 1661 aid 'ell known here. Why le was at this lime. — in the whole case. — a cooler or more dar- nd. How ccol and conduct at W ,od- 5 condu'l when he ibinson ai.d ordered a r and a robbery in the uld make witnesses of of resemblance. Let •f the prisoner during lid hoicliiif^ on occasions could noi be two men of o Mr. Fleming ami Mr. ■re in some degree i-idered lh»t Mr. Jones' iitforward or true than aid iha. Mr. Fleming f seen Townsend once, 5t him. iVow they had ivhich fixeil him in their 'as ii \hiim that any one es were forgoten, and Ihis man out as Towiis- i cliusun to speak very ivideiice he disuusted were, for a reward. He d thought that Mr. iles' especially where eor- boraled, it was for good il:in,Clhe glasi, no other ! 11. On that occasion would remark, alihi/Ugli that there wwre on tlie tese were probably the good of taking up time luded to it as un ex- Ir. lies and Mr. Mc- ihe main, and were said by the Counsel for , he would juft further lan should curry a pistol ihirieea cents to protect. ^ wlio arrested hira that se two yeur«. If he had ure, he had not been in ivii set forth. The evi- he coi'.duci of ti'e priso- ung. He (Mr. Macdon- mony as to the color of )iie ofien knew nothing eyes of one's friends. — l^cult to say whether the irowii. and ihe downcast , might havi- ir v«n it a imps on one's feet might in .l it did not al- ways exist between members of tin- same faniily. To 'relate the history of the man. He was in Shu- dusky gaol until Mareh 1652. In May he was on tne St Lawrence. In June he was in Dunnville. coop- ering. In October he went on board the '• Powhat- tan. And neith-r in March. June or October, \S5i, could he be sliewii to be Townsend m Canada. With regard lo the admissions like those made to Higeins. he thou:?ht them very important, and more so than all that iinreliable testimony abon; eyes hair, eyebrows, ice. Tiie testimony ab.iul tears was al.so important. There was no other man in the world .■scarred as this man was. And if the jury thought the evidence as to scars was le liable, then, in spite ot the Culiforiiia evidfiice, and Capt. Turnbull's evidence, and all other evidence of whaiever description ought logo for nothing, and the prisoner ought to be con- victed, a noil Wail said '■ I ean'i go to Cleveland, bill if Ihe man is T,)Wn-end, he has a scar upon the foul" .indu was found there. Allen caul the same. As to t'u. 'ar on the left eyebrow, it was abo sworn to by a i!i 'uln'r of persons. As lo the scar on the cheek, proved by Mr. Harper and Dt "ine, what if Mr. Dornaii that iiiirnnig denied the lact as staled. He had told twtniy people he had el. And if the scars on ihe prisoner w.^re not caused by thai kick, why did he not show how he trot it ? Doubt- less Townsend hiul the*e scar.^. The evidence for the delence merely showed that the scars were not known to some people lo be there. He would now say a word as to the power of fansmngrihcation which Townse d and this man in eomriion po.ssessed. On the St Lawrence this mini acted the Knglishinaii. in Sandusky gaol he acted the American. Capt. rum- bull's evidence was stranie. Did a man, a capt iin of a ship, ever before invite his cook to his table, aiw write poeiry wnh him .' Talking of writing, he would once more nllude to ihe .-ignatures of the letters wrn- len lis llie prisoner. In the owe lo California he was MeHenery. In oiliers the letters were poorly formed. Ii liud been said that it was extraordinary that, at Ca- yuga, the prisoner expressed himself rendy for his trial willioul prepurul.on. At first .-ighl it did appear so ; but once admiu.ng iiiin to be Townsend, well dis- euiscil so ihathe knew he couid not be known.hi-'con. duct could be eu^'iiy imderstoi d li." now paid a tribute of praise t.i liie energy and acUVity ol Tupper, and he Siiid he had had ^'reai difficully ni proeuring hi» wit- nes.«es through tear of the Townsend gang, which, he knew, existed If this man was not Townsend, wriy didallTowiisemi's former frien.l^ work so hard, and do so muen l" cle=-.r ti-.is man. iVaiuraliy. it would be said, it he were noi Townsend lltey would say go on and hang him, and Town-end would then be sale. Having thus given the jury the heads ol Ihe case, he hiiped the jury would be guided to a correct conelu- His Lordship then said he could not but express his admiration of the patient conluot of the Juiy who would, doubtless, discharge the remainder oi their duty faithfully. The fad thai To 'nsead had mur- dered Richards was the first thai onghi to be estab- lished, also this man, indicted '^.^''^Pf'"''' *7"" [ guilty, would have escaped. But a though it waswe'' to prove that Townsend murdered Ne les and robbed Gavnor, be vvould remark.that a constable.could arrest Pnv-.,e without a warrant, although another per,on perhaps might not. He proceeded to """c^ihe career of Townsend from the time he murdered Nelle» lo he time of the murder of Richards^and warranted the events iherewiih connected, as Po'^* "''^ o«her- had told mem in the witness box, from which he said ihe conclu-ion could be drawn ihaiTownseTd did niurder Richard^. The next question was, was the prisoner mat man. In instituting the prosecution, the R<>y.e''""T«"» were undoubtedly doing their duty to ths public, ^omc of the g*ng had already suffered the consequences of their crimes, bui Townsend had escaped. Ihe reward was then offered by government for his apprehension as an incitement to action .Mr. Flanders, whose con- duct had been praiseworthy, h.id received pa: ot the reward for the apprehension of some of the gang. mr. lies was now putting in a claim for gome inore. Me detailed niV,.>hihe i.dvemure at Wood.'took. whtch'.he thouffht sli, wedcareles.sness on the pan of the persons coneern-^d Twoof ihein swore positively the prisoner was the person who so escaped. Shortly afterwards another person who was at work on the railway West of London, saw a person walkin? up whom he tooK for 'Townsend, and that person, Mr. Robinson, swore distnictly and unequivocally that the prisoner was that man. Funlier West at Chicago, Mr. May recognized a person whom he first thought to be. and afterwards addressed as Townsend. rhence, probably, he went to New Orleans. We heard noih- Ine more of any oue supposed to be Town.send, until a person, comine to Cleveland, had no money to pay his fare and wa^s introduced by Mr, Knowlton. the railway condunor, lo Mr. lies who took his nistol, be- coming responsible for the amount of his faie. .vir. llessaid he was so struck with the appearance ol the man that he at first let a gla's fall from his h»nd and then weiit for the ccnistaldes. Mr. lies, doubtless aced under the honest belief that the man was 1 own- send, or he would not have arrested him. Ihj mat- ter then became a subject for investigation at Cleve- land. a,id. in consequence the man was de ivered to the Ca> adian authorities, and brought to Toronto gaol. What happened there concerning the boat, was indeed an important matter, and ought to be well and care- fully weighed. One would scarcely imagine him to make ue of the expression -no. not Cayuga but Dunnville" unless he had known T..wnseiid to have stolen the boat md sold it at that panicular place. -- HiggiP'. not only sw«re to that fact but he prpye"; un>'.riivocaily, that the prisoner ni the bar is Wdliani TowiiAsend. The trial at Cayuga was a maiter with which the jury here had little to do. Much t-stirao- nv was brought forwara there poi-uively against the prisoner, and also for him The same had been done here. The evidence against him, it would be recol- Itcted, seemed; conclusive here at the close of the prosecution. IJut i-inee that a number ha! testihed that this man is not Townsend. With respect to the large number who h-d come forward for the defence he thought It highly creditable that so many should come and give evidence freely and of their own accord to helpa pe'suii ihat they thought innocent.— And on the other side it must not c,e said that the Gover^.meiil were acting in a persecuting spirit, or that iticir witnesses acted from unworthy motives. He read the lestimony ot lies and then ihat of Constable Mc Arthur, and said the Jury could see if there was any imporiant discrepency between them. There were a number of o'.her circumstances neces- sary to be coi#idered. In Cleveland, numerous other per-ciis besides Mr. Iles were examined. Mr. b lem- ine's testimcny had also been given here, and had been i-iiempied lobe coniradi'^ed. How far had this at- tempt succeeded. Mr. Jones' narrative of the cir- cumstances of Fleming's visit to the gaol Wii' essen- tially ditferentfrom luat of Mr. Fleming himseJ. Mr. Fleming seemed circumspect and careful, and gave his testimony in a way which he (ihe Judge) thought was sincere. " it would howevec be lor tne Jury to say now ikrthev believed it. Ue then read Mr. Fleming's r-vidence and also Mr. Jones', and attached very little i.nportance to the fact that one of them stated that to have occurred inside the gaol which another said had occurred outside. However, the Jury might think otherwiie. With respect to the evidence generally, there were a nam her of witnesses who swore the man was Townsend, and a larger number who said he wai not, and not like him. Then there were many who 56 4^ !« SI identified the prisoner not as Townscnd, but as haying saen him before in Canada. There were a Mr. Ken- nedy and a Mr. Cheshire who beloni^ed 1 1 this class, of course if thi^ were so, the pjisoner's statement could nst be true — 'hat he had never been m Canada. There was then a young woman, Margaret Ann Atkinson, who also identified him. Fortunate indeed was it for her that a waggon had opportunely driven up when she was stopped by him, or another would doubt- less have been added to the long catalogue of crimes which clustered around Town.«end's career. There was much, in the deience, to show that the prisoner was R'.f.MoHenrVjnncither man altogether from Town- send, li it could however not be shown that he livedjat the same time as Townsend, then the same man might have personated two characters. Now he had taKen a note of ihe times at which Townsend's whereabouts wai Known. In '49 he was at Port Maitlaiid. In 1880 he was at Si. Catherines. In IffiO and 1851 he was said to be in Cayuga, while MoHenry was said to be in gaol at Sandusky. In the summer of 1852 Townsend wasal Dunnville. In September, 1862. according to evidence given that morning, Townsend was at Dif- fin's. In October, J 862 prisoner was on the '' Powhat- tan." In the winter of 1862-1868 Mr. Grant saw him living at Diffin's. In the winter of 1863 Townsend was around, but there was no testimony to shew where he was except during the spring. He saw nothing, however, in all this to show that the same man might not have been in all these places at these different times. Mr. Freeman here referred to Mr. Haw'« testi* noiiy. His LoRDSHir said Mr Haw had bdkved Townsend was working for him in October or November, 1862. At this point prisoner became impatient, and said, I would suggest, your Lordship." His Lordship said I can't receive any suggestion. Prisonkr then requested Mr Currie to come to speak with him, saying he would " have ta make it known somehow." Mr. Cdrrib quieted him. His Lordship then continued to read the evidenea of various witnesses, and at last came to that of Mr. Hellems, to whom the prisorer had said "you were driving piles" at a particular time, before Mr. Hellemi had mei tioned the circumstance at all. Tiiese were all tho special circumstance to which he desired to calj attention. Of the long list of witnesses who spoke to identify on behalf of the prisoner, there was but one, Mr. McLaughlin, who spoke of a scar j all the rest say- ing there were none. He said there was a scar upon the left side of his face, running from the teeth under the jaw, which, he said, did not resemble that on the prisoner. Most ot the rest urged on their description of Townsend's general features, and it was not to be wondered at that they could hardly describe each In- dividual feature. The witiiefses on both sides said he was but little changed, and this made it the more ex. traordinary that a large number of people could or could not identify him. He next came to the evidence of the CalifornaiM. An alibi ought to be established with very considerable particularity. It was au ordi« nary defence, sometimes trunpped up. And, in con. neotion with that line of defence, he might mention the testimony of Captain Turnbuli, and ofCapt. Lewis, one of whom bad received and theoiherhadperuied a letier from him in California. It was a pity the letter was not forthcoming We therefore had to depend on Capt Turnbull's memory. He said the letter was received in December 1863, or January 1864. It so. then, doubtless, the prisoner was not Townsend. But there was come little dig. crepancy between Gapt. Turnbuli and Lewis as to the date of its receipt, the latter saying he thought it was in February. To support the view, four witness, es were called, who had beer in California. They ail recognised the man as having been there, but thii gave no very satisfactory dates as lo the time. They did not recollect the time by specific events. Mr, Walters merely said that bis ditch was beinit built in August. Sepleinber, October, November ancT Decem- ber, and thought he saw him in November He stated no specific circumstance connected with this. He did indeed get more positive tovvards the close of his tes- timony. It W88 very strong too, that almost all of these witnesses based their Icnowledge of the man in havingseen him in conversation with a man Andrew Siewart, otherwise called Scotiy. He then read Mr. Walters' eTideoce and said, if the Jury were satisfied ofiie correctnesB, no doubt the prisoner was entitled to an acquittal. The teitimonay of Mr. Uabcr, also a Californian, was rather more direct aa (o limo. R# read it. He said he eouid not understand the ra* pression of Huber's that he would otfer his ser. vices either for the prosecution or for McHenry, Then Air. Pillinga was called. He thought it rather strange that the recollection of one cir. cumstance such as the killing of a man by a span of horsefl should bring an earlier circumstance to any one's recollection, as seemed to have been the case with Mr. Pilllngs, whose evidence he read. He saui that Mr. Campbell had contradicted Mr. Fillings, and that his testimony therefore ought to go for but litiie, Mr. Frbeman corrected his Lordship by shawing that Mr. Campbell did not contradict Mr. Pilljngs. He said he really could Dot understand kis lordship'* expression. His Lordship eontinued to re«d th« evidence ot all he witnesses to the end. He then said that if the jury believed that the prisoner had been in California io October or November, they must acquit him. They eould take his notes with them to their room and read them. If they came to the eonclusion opposite, then after thinking the man was not McHenry, they would have further to weigh whether he were William Townsend. Townsend, it teemed to be established,w«j a man of a low forehead, and also had big toe-jolnt». Those who had these excrescenses naturally could not curb them, but others had them as a consequence of wearing tight boots. If this were shewn, then there might possibly be means of curing them. He muti, however, say that the jury were able to weigh all these matters, and tothamiie referred the ease, with every confidence that the evidence alon* would be allowed lo guide them lo a decision.— If they had in their own minds a moral certainly that the man was Townsend the murderer, thctr duty was plain and obvious. It' they had a reaJonabl« doubt they must acquit him The Court, during these speeches, was danseljr crowded, with a large number, especially of ladiea. The jury having expressed their opinion that, M they had so much to look over, the Court had bettar «d* journnntil tfa« mornin'r Their sufgestioo wueom* plied witk. XKCB "VEHlDiaT. THE PRISONEB ACaUITTED. ( " SrKUTATOR " OrncB \ 4 o'clock, P.M. W« have just received the following tele- gram from MerritiiviUe, ann^iunciog the result of the Towusead Trial : MKBBmviLLB, April 6. Vsanicr or tiie Jvbt. — Prisoner is MeHenry, and NOT GUILTY. ri I lireet u (o tim«. He >t understand the tx* would otfer his «er« lion or for McHenry. led. He thought it >lleetion of one cir> af a man hf m tpkn of r circumstance to any o have been the case nee he read. He s«ut icted Mr. Fillings, v\4 ht to go for but litile. Lordship by shewing edict Mr. Pillings. He irstetid ki« l«r