The Preliminary Hearing at Salem
James Brownell recalled, Edward Neif testifies, Nehemiah Williams recalled.
James Brownell recalled, Cross-Examination resumed: Prisoner said McCarthy was the principal witness against him and would not make anything out of it; I understood him to mean that the grand jury would not find a bill against him; I did not hear him say that he was going to prepare a complaint against him for perjury; he complained more of Lansing than McCarthy; his only complaint against McCarthy was for swearing false; I did not see the blood on his pantaloons in the morning; should not have noticed it had it been there; it is not uncommon to see blood on one’s pantaloons on ordinary occasions; saw no blood on the clothes of no other one that day; I went with Hitchcock and others to examine the premises of Baldwin on the day of the murder; we examined the blacksmith shop and the houses of Perry, Caffrey, Williams, Arnds, and Baldwin; found nothing to create suspicion; Baldwin and his wife were both cheerful and made us welcome at the door; during the examination of his premises the defendant maintained his usual appearance, and I thought he did till it was mentioned to him that there was blood on his pantaloons; he then exhibited no other appearance than any one would who believed himself suspected of murder.
Direct resumed: The mark of blood on his pantaloons were perfectly apparent when the attention was called to it; am quite positive it was blood.
Edward Neif sworn: Says I reside at Buskirk’s Bridge; know defendant, was at his house on either Wednesday or Thursday evening of last week, I went in about 6 o’clock and staid only a few minutes, perhaps five or six, and then went home; defendant was then home and doing nothing; he made no preparation to go to bed while I was there; I saw nothing that induced me to think he was going to bed; he didn’t act as if about going to bed; I did not go there again that evening.
Cross-examined: I live about 15 rods from defendant; I seldom go there, not more than once in a week; was not there but once last week, and then I just walked in and then walked out; I am in the habit of going to bed about 7 o’clock; I know the defendant’s daughter, Catherine, saw her at home that evening.
Nehemiah Williams recalled: I worked for defendant one year ago last summer, had a conversation with him in reference to a complaint that he supposed was going to be made against him by Mr. Bowen for selling spirits; he said if Bowen did inform against him he would kill or be the death of him; that it was no worse to kill an informer than a dog; that any man that would inform against another for selling liquor ought to die.
Cross-Examined: I did not hear him say he would kill McCarthy; the conversation a year ago last summer was had in the presence of Harmon Quackenbush; Quackenbush and I have talked it over a number of times before this murder was committed.