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[320] despatched after Beckham's death. The circumstances of the deed might be such as he himself might not at all approve. He did not know how that might be, but he desired to avoid any investigation that might be used. Not that it was so designed by the respectable counsel employed in the case, but because he thought the object of the prisoner in getting at it was for out-door effect and influence. He therefore said if the defence could show that this prisoner was aware of these circumstances, and the manner in which that party was killed, and still exerted forbearance, he would not object. But unless the knowledge of it could be brought home to the prisoner and his after conduct, he could not see its relevancy. Mr. Green, counsel for defence, contended that they had a right to infer that Brown had been made aware of it, as it was already proved that communications passed between him and the citizens several times after the killing of Thompson. Judge Parker decided that the whole transaction of that day constituted a part of the res gestae, and might be inquired into. Henry Hunter called,--examined by counsel for defence. Q. Did you witness the death of this man Thompson? A. I witnessed the death of one whose name I have been informed was Thompson. Q. The one who was a prisoner? A. Yes, sir. Q. Well, sir, what were the circumstances attending it? A. Do you wish my own connection with it, or simply a description of the circumstances? Shall I mention the names? Mr. Andrew Hunter. Every bit of it, Henry; state all you saw. Witness. There was a prisoner confined in the parlor of the hotel, and after Mr. Beckham's death he was shot down by a number of us there belonging to this sharp-shooting band. Mr. Andrew Hunter. Will you allow him to state, before proceeding further, how he was connected with Mr. Beckham? Mr. Green. Certainly, sir. Witness. He was my grand-uncle and my special friend — a man I loved above all others. After he was killed, Mr. Chambers and myself moved forward to the hotel for the purpose of taking the prisoner out and hanging him; we were joined by a number of other persons, who cheered us on in that work; we went up into his room, where he was bound, with the undoubted and undisguised purpose of taking his life; at the door we were stopped by persons guarding the door, who remonstrated with us, and the excitement was so great that persons who remonstrated with us at one moment would cheer us on the next; we burst into the room where he was, and found several
Thayer and Eldridge, 1860.
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