USA > Massachusetts > Essex County > Newbury > Reminiscences of a nonagenarian > Part 39
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Hearing the huzzas, I ran to a win- dow commanding a view down High street. What was coming I could not divine ; but on a nearer approach I de- scried Mr. Pearson. The old gentle- man was affected to tears ; and he ear- nestly strove to prevent this ovation ;
but it would have been as easy to have stayed a whirlwind. Altogether it was a most unique scene, a demonstration to worth which was long remembered.
A person named Taber, and two brothers, Levi and Laban Kenniston, were next arrested. Taber had been to Berwick, and was known to have been on the road about the time of the robbery. Some one hinted a suspicion against him, which Major Goodridge eagerly grasped.
The landlord of the Dexter House and his son gave the clue to the Ken- nistons' arrest. The afternoon prior to the supposed robbery the brothers sta- bled their horse at the tavern. They next inquired of the landlord's son, Mr. Samuel R. Caldwell, if they could have lodging, and at what hour the house was closed, then went out, saying they would take a walk. About seven o'clock that evening Mr. Sam Caldwell saw them near the house in earnest con- versation with a man he did not know. They did not return that night, but the next morning came into the stable and inquired if their horse had been watered ; they then unhasped a door and went down under the stable. Mr. Caldwell watched them from a hole in the floor. About an hour after the oldest brother went into the house. At breakfast there was much talk about the robbery. Levi said, "Well, I am glad I wa'nt there." This farther aroused Mr. Caldwell's sus- picion, and he asked the pair where they had passed the night. They replied, "at Mr. Ephraim Titcomb's cellar." Upon this information, after the guests' departure, Mr. Sam Caldwell went to inquire of Mr. Titcomb respecting the strangers. Mr. Titcomb knew the Ken- nistons, they were at his cellar the af- ternoon before the robbery. Laban had
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just come from jail, and had no money ; he owed Mr. Titcomb for board, and left his bundle for security till he should pay. Levi had a turkey ; he said he had no money and could not pay his brother's bill. The evening of the rob- bery they were in and out ; after supper, not far from seven o'clock, they went out together with one M'Intire, and were gone till past ten o'clock. The following morning Mr. Titcomb told Levi that his brother could not go away until his bill was paid. Levi told Mr. Titcomb to take the turkey; he then took out a new bill of the Newburyport Bank, a two or three dollar bill, and Mr. Titcomb took out what Laban owed.
Mr. Caldwell, never suspecting but that there had been a bona-fide robbery, considered it his duty to inform Mr. John Pearson, at whose house Major Goodridge was then stopping, respect- ing these to him suspicious individuals.
On the 4th of February, Maj. Good- ridge with a party of friends, having obtained the services of Samuel T. Leavitt, a deputy sheriff in New Hamp- shire, proceeded to arrest Levi and La- ban Kenniston, and to search their res- idence, which was at the dwelling of their father. Money in small sums was found in various places in the house. This was claimed by different members of the family. After a strict search two doubloons were unearthed in the cel- lar, under a pork barrel. One of these was enclosed in a wrapper which bore a mark which Major Goodridge claimed to have put upon it in Bangor, and a ten dollar bill of the Boston Bank, found in a drawer, which Major Leavitt thought was counterfeit. Major Good- ridge also claimed it, showing his own handwriting on the back, which looked
as though an attempt had been made to erase it.
The circumstantial evidence was so strong against the brothers Kenniston that they were held for trial, as was also the man named Taber.
Mr. Joseph Jackman of Newbury- port, left town for New York on busi- ness, about a week after the robbery. Major Goodridge expressed his suspi- cions of him, and engaged Mr. John Pearson and his son to write to their friends in New York to have Mr. Jaek- man watched. He next proceeded to New York, and obtained the assistance of a marshal of the city, a Mr. Hoyt, to search Jackman's room, when some wrappers of gold which Major Good- ridge claimed as bearing hls mark, were found loose upon the floor, with some old rubbish and papers.
On Tuesday, April 4th, 1817, Taber and the brothers Kenniston were brought to trial at the Supreme court holden at Ipswich, before Hon. Samuel Putnam. Samuel L. Knapp, esq., was counsel for Tabor. Daniel Webster then re- cently admitted to the bar, and the Hon. Joseph Bartlett were counsel for the Kennistons. A motion was made by Mr. Knapp that Tabor might be tried severally, which was granted. On Thursday morning the trial of the Ken- nistons commeneed.
Major Goodridge testified to what he had previously stated. "While at Al- fred, while his baggage was being taken in to the inn, a person entered who said he was going into the country ; this man he has since had reason to suppose was Taber."
"After he went to Danvers he was endeavoring to pick up every circum- stance that might be a clue to the rob- bery. There he had the first notice
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about Taber from John Page, who re- ferred him to one M'Kinstry for a more particular description ; met M'Kinstry at Breed's in Lynn, who particularly described Taber, and told him he might be found in Boston, and advised witness to arrest him by all means, as he had made up his mind that he was guilty. After being in Boston two or three days, witness went out to find Taber ; met with him there near Boyden's, a little west of the market, offering some hair combs to a person ; judged it was he from description ; he had a mark a scar under his eye; inquired if his name was Taber; he said yes ; asked him to step into the house ; he declined and proposed going back into the yard. Witness inquired of Tabor whether he was acquainted with the people about the bridge ; Tabor said he could point out the robbers, that he had formed his opinion who they were. Pressed him hard to disclose ; he said if he should tell what he knew about it, it would be more than his life was worth, those per- sons would kill him. Before parting he said he would for three hundred dol- lars tell all he knew, but did not say how much that was. Witness then went to Mr. French, who was to furnish the money and consulted with him ; had agreed to meet Taber at a place ap- pointed on the Monday following ; Ta- ber did not keep his engagement, and avoided meeting the witness ; was there advised by his friends to disguise him- self, which he did in the dress of a sail- or, and went in the evening with Capt. Silsbee and Mr. Jones to find Taber ; after finding him and conversing with him alone, he consented to give the names of those who had committed the robbery for four hundred dollars, and trusted to the honor of the witness to
pay if the information should prove true ; witness then went to consult Silsbee and Jones ; afterwards went to Tabor, and he gave the names of a number of per- sons who had been concerned in the robbery ; he said the prisoners were two of them, and now had part of the money if they had not spent it; told where they resided. Witness thought it best to begin the investigation with the pris- oners, as they were the least artful ; went on to Danvers with Mr. French ; informed Mr. Page, who consented to go and assist in searching the Kennis- tons ; French and witness then went on to Hampton, and remained concealed at Langmaid's ; sent for Mr. John Pike and employed him to go to Newmarket and ascertain whether the Kennistons were at home ; after he returned, got a warrant, sent for Major Leavitt, a good officer, and early in the morning went with him and Mr. Towle and arrested the Kennistons at their house. After securing the prisoners, proceeded to make a thorough search through the whole house ; found some gold ; heard Major Leavitt say he had found a coun- terfeit bill in a drawer in a room at the north part of the house ; witness had not been in that room before Major Leavitt went in. After finishing the search they went with the prisoners to Major Coffin's house, about three miles. There Major Leavitt took out of his pocket- book a ten-dollar Boston bill which the Major had thought counterfeit. On ex- amining.it witness saw the writing on the back of it, "James Poor, Bangor," and knew the bill ; it was a good one ; there appeared to have been an attempt to erase the writing."
Major Goodridge said "he had the bill with him when he was robbed ; knew it by the words on the back of it in his
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own handwriting ; received it about a week before he left Bangor ; never saw it after he enclosed it with his other bills in a piece of cambric handkerchief till he saw it at Major Coffin's."
The search at the Kennistons contin- ned a long time before anything except the counterfeit bill and some parcels of silver money were found ; witness hap- pening to open a door, saw a boy and girl climbing on a bed; they started when they saw him; he called the offi- cer, and told him he had better search the bed ; Majors Coffin, Upton and Goodridge went in, saw a pair of pan- taloons hanging up over the bed, which the boy and girl seemed to be aiming at; took the pantaloons down and found in them some silver and a doub- loon without any paper on it ; this gave new spirits, and the search was contin- ued more closely ; some were searching in the cellar ; took down the loose stones of the wall, dug in the sand at the bot- tom, turned over the potatoes and moved the barrels. Upton suddenly called and said, 'Here, I have found the whole hoard !' and showed a doub- loon which he had scratched up where a pork barrel had stood. Maj. Leavitt , picked up another ; one of the doub- loons had a wrapper with witness' fig- ures on it, which he made at Bangor. By this time the neighbors had collect- ed, and helped search the house criti- cally ; searched it throughout ; nothing else material was found except a quan- tity of silver dollars in a tin dish, in a case of drawers ; thinks from twenty to forty, but did not count them-the pris- oners said the money. was not theirs. The prisoners were carried before a magistrate. Some time after, some of the wrappers of the gold with the wit- ness' figures were found at Mr. Pear-
son's, at the bridge, in a vault of the privy, some of them very much defaced ; some also were found at New York with Joseph Jackman, and a receipt torn up small ; could identify one with his own name and the name of the receipter, Thomas Curtis, of Boston, which he had about him when robbed ; before he left Bangor put up his papers and took many receipts for the purpose of settling with people in Boston ; had left the pieces of papers at New York with the police officer ; Jackman was one named by Taber, and in consequence of that information he had arrested Jackman."
It was proved that Taber returned from his journey to Berwick, and had been incarcerated in the jail in Boston for debt on the 12th of December, and though he obtained bail for liberty of the jail-yard, he was confined within the jail limits at the time of the alleged robbery. Accordingly the Solicitor General entered a nolle pros on indict- ment against Taber, and he was sworn as a witness.
Taber testified "that this was the first time he ever saw Major Goodridge except at the examination in Newbury- port. No person ever came to him in disguise in Boston, and he never had seen the Kennistons till that day."
William Jones of Boston testified that "he was present when Major Goodridge conversed with a man who was under- stood to be Taber ; he was dressed in a light surtout." It was proved that Ta- ber did not own and had never worn such a garment.
The silver and paper money were ac- counted for by Aaron Kenniston, the father of the prisoners ; he had no gold in the house. He gave Levi the two- dollar bill, out of which he settled with
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Mr. Titcomb when his son went to Newburyport.
It was proved that Major Goodridge was in the cellar at the Kenniston's taking down the wall, when the gold was found under the barrel, and Sheriff Upton thought that Major Goodridge first called attention to the pantaloons where the first doubloon was found ; but Major Leavitt thought Major Good- ridge had not entered the room where he found the marked bill.
Doctor Israel Balch was present with Dr. Carter. "He observed when he looked at the patient the patient looked away ; he saw no wounds on his head or side ; the pupils of his eyes were di- lated a little, thought it might be owing to the darkness of the room ; thought he was not deranged but playing the crazy man. He said he could not move himself in bed, but when he thought he was alone, the Doctor saw him rise up, place his earlocks and forelock in order, throw out his right arm, expectorate and spit in the fire. Hearing a noise, he laid down, covered himself up, and began to talk incoherently."
David Lawrence testified that he was at Mrs. Martin's, in company with Jo- seph Jackman, from 7 to 9 o'clock, on the evening of the 19th of December. Mrs. Ann Martin and Miss Fanny Griffin corroborated this statement.
The examination closed at 10 o'clock on Friday morning. Mr. Webster's ar- gument for the prisoners, and that of the Solicitor General for the common- wealth, with the charge of the judge, was closed about 5 o'clock in the after- noon. On Saturday morning, at the opening of the court, a verdict of not guilty was returned, and the prisoners were discharged.
Though Mr. Joseph Jackman proved
his presence at the house of his neigh- bor Mrs. Martin, on the night of the 19th of December, as the wrappers and torn receipt were taken from his room in New York, he was brought to trial at Salem November, 1817. Andrew Dunlap esq., of Salem, and Ebenezer Mosely esq., of Newburyport, were his counsel. At this trial the jury could not agree, and the case was a second time brought up at the April term. The indictment read as follows :
"At the Supreme Judicial Court of the Commonwaelth of Massachusetts, begun and holden at Ipswich, within and for the said county of Essex, on the 4th Tuesday of April, in the year of our Lord one thousand eight hundred and eighteen, the jurors for the said Commonwealth, upon their oath, pres- ent, that Joseph Jackman, resident in Newburyport, in said county of Essex, trader, on the nineteenth day of Decem- ber, 1816, at Newbury, in the said county of Essex, neither was with force of arms, nor with force and violence, but Elijah P. Goodridge, with force and violence, shot his own hand with his own pocket pistol without the least doubt, then passed the village, for the place is now called Shamhill, and Essex Merrimac Bridge. Then E. P. Good- ridge threw the same pistol into the river ; that must be his object in going over to Mr. Pearson's, he could not have any other object. Elijah P. Good- ridge, in the said peace of the said Com- monwealth, then and there being, felon- iously did put sundry bank bills to the amount of $36 in the field; and laid some small change, and one or more pieces of gold, and a very new gold watch carefully placed under the fence -all was supposed to have been done by the hand of said Elijah. There Eli-
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jah P. Goodridge did rob himself against the said peace of the said Common- wealth, and contrary to the form of the statute in such case made and provided."
Thursday morning at ten o'clock the jury were empaneled for the trial. The jurors were Stephen Barker, Andover, foreman ; David Emery, Newbury ; Gib- bins Adams, Newbury ; James Darling, Beverly ; Nathaniel Hawkes, Saugus ; Joseph Tufts, Danvers ; James Abbot, Andover ; Benjamin Hawes, Salem ; Amos Burnham, Ipswich ; Benjamin Foster, Manchester ; Jacob Greenleaf, Newburyport ; the judge, Hon. Charles Jackson, counsel for the Common- wealth ; Hon. Daniel Davis, solicitor general ; counsel for the prisoner, Hon. Daniel Webster, Boston ; Ebenezer Moseley esq., Newburyport ; Andrew Dunlap esq., Salem.
The excitement, which from its com- mencement this remarkable incident had aroused, had at this time become in- tense. Mr. Jackman had hosts of friends, and the sympathy of the com- munity, but Major Goodridge also pos- sessed many friends, who would not for a moment entertain the idea that he could have perpetrated such a tremen- dous fraud as a sham robbery.
Major Goodridge reiterated his for- mer statement of the robbery, and of his finding the wrappers and receipt in Jackman's room. The papers were pro- ducedand exemplified. Jackman claimed the papers as his. Major Goodridge had stated that he drew the charge from his pistols every day on his journey. Webster called for the pistols and in- quired for the old ramrods that were in them at the time of the Kennistons' trial. The Major replied that they were worn out and broken. Webster then inquired what had become of the worms or screws
that were on the old rods. The reply was, "There was none." At which Webster exclaimed, "Do you undertake to say that you drew the charges every day on your journey without a worm or screw !" Goodridge was at a loss what to say, but at length replied, "he be- lieved there was a screw on one of the rods. He bought the pistols eight or nine years ago ; for the last three years no one had seen them, as he feared per- sons would borrow them to fight duels." This was disproved by Mr. Eleazer Wyer of Portland, who testified to sell- ing Major Goodridge the pistols while he was stopping at Burnham's Hotel on his journey from Bangor. The remain- der of the witness' testimony was sim- ilar to that at the Kennistons' trial. The examination of witnesses over, Mr. Webster commenced his address to the jury. This was one of his most master- ly efforts, one which those who were present always referred to with pride and admiration. He proved that it was impossible for either of the accused par- ties to have been on the spot at the time of the alleged robbery. The two wagons driven by Shaw and Keyser, and the mail stage, must have passed within three rods of Goodridge at the time he describes the robbery was tak- ing place. The bullet went through the sleeve of his coat. He might in- tend it should have gone through noth- ing else. It was quite certain he could not have received the wound in his hand in the way he described. There was not the least mark of beating and wounding. The blow on the head which brought him senseless to the ground neither broke the skin nor left any mark whatever. He fell from his horse on frozen ground, without any appearance of injury. He was drawn through or
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over a rail fence with such force as to break the rail, but not at all to leave any wound or scratch on him. A sec- ond time he was knocked down, kicked, stamped npon, choked, and in every way abused and beaten till sense had departed and the breath of life hardly remained, and yet no wound, bruise, or discoloration, or mark of injury, was found to result from all this. Look to the appearance of the field. The port- manteau was there, the straps which fastened it to the saddle were carefully unbuckled. This was very considerate for robbers. It had been opened and its contents were scattered about the field. The pocketbook, too, had been opened, and many papers it contained scattered on the ground. Nothing val- uable was lost but money,, and the money belonging to other persons was not taken ; the robbers found out that it was not the prosecutor's and left it. His watch was safe under the fence, the seal laid carefully on the grass ; the timekeeper had not even ceased ticking. Had Major Goodridge the money with him that he mentions ? If so, his clerks or persons connected with him in busi- ness must have known it, yet no wit- ness was produced. Nothing could be more important than to prove that he had the money, yet he did not prove it. Fixing his eyes upon the prisoner with a glance that caused him to quail with conscious guilt, Mr. Webster ended this memorable harangue by a burst of elo- quence scarcely equalled in the annals of jurisprudence.
The case was closed, and the jury re- tired the latter part of the afternoon. Eleven were unanimous for the verdict of no robbery ; Mr. Hawkes of Saugus alone dissented. The evidence was conned and discussed until a late hour,
but without avail. Provoked and weary, the eleven at length desisted from far- ther argument, and several lighted ci- gars. Tobacco smoke was annoying to Mr. Hawkes-seeing its effect, the ma- jority caught the cue ; every one 'took a cigar ; a fresh box of Havanas were or- dered, and soon the room was suffocat- ing. The obstinate juror begged hard for air, but not a breath was admitted. "Would he unite on the verdict?" "No." Puff, puff, went the cigars, I believe one of the gentlemen managed to smoke two at once. The air grew chokingly dense ; tears rose to the smok- ers' eyes. Mr. Emery said he could not have borne it much longer himself, when the obstinate dissenter succumbed, fairly smoked into acquiescence. Win- dows were thrown open, and the jaded men refreshed themselves by a bath and breakfast. The court opened at the usual hour when the verdict was ren- dered.
Thus ended the great Goodridge case, one that had caused more distress and expense than scarcely any other upon record. For a time it destroyed the happiness of several households ; inno- cent men were held in durance, and at the Jackman trial in Salem one of the jurors lost his life. A tumbler was broken on a tray of refreshments brought from the hotel to the court- house, and the unfortunate man swal- lowed a piece of the glass, which sev- ered the jugular vein, causing death in a short time.
The only plea in extenuation for Major Goodridge is that in those days a failure in business was much more of a disgrace than at present. "Being broke," was something difficult to sur- mount. . Finding himself in a financial dilemma, the Major concocted this plan
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to settle his affairs ; but he overshot the mark. I believe he went South ; but wherever his sojourn, he must have been the victim of remorse, for the fatal mis- take that ruined his worldly career.
Immediately after the verdict of a sham robbery had been rendered, a gib- bet was erected on the hill where it had been represented to have occurred, and Major Goodridge was hung in effigy. This gibbet remained many years, but at length fell to pieces from the decay of age.
CHAPTER LX.
On March 31st, 1818, the Essex Ag- ricultural Society was formed; it was incorporated on June 12th. Mr. Em- ery was among those who formed this society, his certificate of membership reads :
"Received payment by the hand of Robert Dodge, the assessment of three dollars, for the Essex Agricultural So- ciety for David Emery.
ICHABOD TUCKER, Treasurer .. May 6th, 1818."
Both Col. Colman and Major Emery were enthusiastic and untiring in for- warding the concerns of this society, and both were active on duty at its an- nual cattle shows, until failing health and the infirmities of age prevented ; but to the latest hour of their long lives their interest in the advancement of the society was maintained ; that society which in company with kindred spirits they had formed, when the improve- ment of stock, and science as applied to agriculture, had scarcely attracted a thought throughout our rural commun- ity ; a band of men whose memory Es- sex county may recall with pride, all of whom have now passed to the green
pastures and still waters of the celestial land.
The following winter our family circle was enlivened by the presence of Uncle Samuel Smith, who with his wife came to pay a farewell visit prior to their em- igration to Ohio.
My grandmother had died suddenly the September previous. Though Mr. Smith had become a distinguished preacher of the Methodist circuit, his mother never tolerated his change of faith. I could not but rejoice that she had gone to rest without being disqui- eted by this Western scheme.
Uncle Sam was enthusiastic in the prospect of sowing the seed of truth in the new country now being fast re- claimed from the wilderness, and his wife was as hopeful and ambitious for her husband and family as she had been on their removal to Vermont. After a sojourn of several weeks, they bade their New England relatives and friends a final adieu, for though both lived to an advanced age, neither ever revisited their birthplace. That spring the fam- ily became located on a farm upon the Little Sciota river, not far from Chili- cothe.
In the April of 1818 Mr. Joshua Pills- bury came from Boscawen and assumed the care of his ancestral acres, being the seventh in descent from William Pillsbury, who came to Newbury in 1651. We moved to the house on the lower side of High street, second above Kent, which had been built by Mr. William Swain, but was then owned by Mr. Abner Wood. Mr. Emery hired the field opposite, to which his slaugh- ter-house and piggeries were drawn. In a few weeks he purchased this lot of Mr. Allen Dodge and Mr. Joseph Top- pan for $500.
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