the slightest pecuniary compensation, and at an outlay of no small sum from his own pocket.* The Freeman case still remained to be disposed of. It came on immediately after the conclusion of Wyatt's trial. An immense assemblage had convened in the court-house at Auburn, to witness the opening of the case. Until that moment, it was not known whether Freeman would have any counsel. It was supposed the court would assign him some junior member of the bar; but it was considered doubtful if one could be found of sufficient nerve to accept the appointment, and attempt even a formal and weak defence. The excited multitude were not backward in loudly propounding the inquiry, "Who will now dare come forward to the defence of this negro?" "Let us see the man who will attempt to raise his voice in his behalf!" Nor did they hesitate in uttering threats of vengeance against any member of the bar who would plead the case of so vile a wretch. But there was one seated within the bar in that crowded court-room, who heeded not these menaces. A being in human form was in distress, and peril before him. He asked himself, what does humanity and duty require at my hands, in this case? And having received from conscience a prompt and decisive reply, he unhesitatingly proceeded to the labor thus enjoined upon him, without delaying to consult interest, or popular favor, or any of the consequences that might ensue. In vain family, personal and political friends, influential citizens, and members of the bar, besought him not to interfere, and call down upon himself the indignation of the populace. In vain was he reminded of the long, weary, and expensive trial to which he had just devoted himself, to the neglect of professional engagements, and the peril of health-in vain was he forewarned of the still more tedious, costly, and exhausting nature of the present case, should he engage in it. A higher law and a louder voice called him to the defence of the demented, forsaken wretch, who stood insensible of the vengeful gaze of a thousand eyes, and he felt that he had no alternative. * Wyatt, after receiving his sentence, anxious to afford Gov. Seward some compensation, offered to narrate his "life" for publication, the profits of which should go to Gov. S., and it was taken down for that purpose. But on examination it was found to be of doubtful moral bearing and influence, and on that account, Gov. Seward refused to permit its publication, or participate in any profits arising therefrom. A spurious copy, however, was afterwards surreptitiously obtained, and brought out in a pamphlet, which yielded a net profit of $600 to the publisher. Freeman was arraigned on four indictments for murder. When asked whether he pleaded guilty to the first indictment, he replied, "Yes!" "No!" "I don't know!" "Have you counsel?" was the next inquiry. "I don't know," responded the prisoner, with a stupidity which astonished even those who were most eager for his death. "Will any one defend this man?" inquired the court. A death-like stillness pervaded the crowded room. Pale with emotion, yet firm and unflinching as steel, Gov. Seward, to the amazement of every person present, arose and said, "May it please the court, I appear as counsel for the prisoner!" It would be impossible to describe the excitement which followed this announcement, or the threatening demonstrations which it called forth. David Wright, Esq., of Auburn, a well known lawyer and philanthropist, volunteered as associate counsel in defence of Freeman. The attorney general, John Van Buren, conducted the prosecution. Gov. Seward presented to the court in bar of a trial, that the prisoner was then insane. Issue was taken on this plea, and a trial was directed by the court, on the question of Freeman's sanity at that time. After protracted efforts similar to those which took place in Wyatt's case, a jury was impanneled to try this preliminary question, but they were already evidently fixed in their convictions of the sanity and guilt of the prisoner. Gov. Seward's political party, throughout the state, shrinking from the unpopularity in which he had involved himself, in a proceeding universally denounced by the press, abandoned him. While these proceedings were pending, the delegates to the convention called to revise the constitution of the state of New York, assembled at Albany. The whig party was supposed to be compromised by Gov. Seward's known bias in favor of extending the right of suffrage to the colored population. The result of the election of delegates had been an overwhelming defeat of the whigs. The exclamation was universal, that whatever might be the fate of the whig party hereafter, Gov. Seward was effectually lost. Still he did not falter, but sternly persevered in what he conscientiously believed to be the line of his duty, and was the only person engaged in these transactions, except his client, who was calm and unmoved. The trial, on the question of the prisoner's sanity, continued two weeks, and was contested by Gov. Seward with an energy, perseverance and skill, that drew plaudits from his most violent opposers, and that could not have been exceeded had millions of dollars depended on the issue. His argument at the summing up, for eloquence, pathos, sound legal views, and thorough knowledge of human character, has rarely been excelled at the American bar. At length, when the jury retired, it was at once found that eleven were agreed that the prisoner was sane. The twelfth declared his unchangeable opinion that Freeman, although sane enough to know right from wrong, was yet so unsound in mind as not to be responsible for his actions. The disagreement and discussion in the jury-room being privately communicated to the court, information was returned to the jurors that the verdict would be accepted, although it gave no direct response to the question at issue, and was couched in equivocal language. They accordingly brought in the following verdict-"We find the prisoner at the bar sufficiently sane to distinguish between right and wrong." In an earnest and elaborate argument, Gov. Seward protested against the reception of this verdict, as it was illegal, pointless, and irrelevant. But it was pronounced by the court to be sound and satisfactory, and Freeman was forthwith put upon his trial for the murders charged against him. He was directed to stand up and plead to the indictment. But it was evident to every spectator that the wretched imbecile had not the faintest conception of the nature of an indictment, or of the object of the scenes around him, in which he unconsciously bore so conspicuous a part. We shall be pardoned for introducing here the following extract from a vivid description of the scene which transpired at the reading of the indictment, by a clergyman of Auburn, who attended the trial, and was an eye-witness of the proceedings: The District Attorney, (Luman Sherwood, Esq.,) with the bill of indictment in his hand, called out-" William Freeman, stand up." He then approached quite near the negro, for he was very deaf, and read the indictment. At the conclusion, the following dialogue ensued: Dist. Att. Do you plead guilty, or not guilty, to these indictments? D. A. (Repeating the question.) F-I don't know. D. A.—Are you able to employ counsel? F-No. D. A. Are you ready for trial? F-I don't know. D. A.-Have you any counsel? F-I don't know. D. A.-Who are your counsel ? F-I don't know. At this stage of the proceedings, Gov. Seward could no longer restrain himself. He buried his face in his hands, and burst into tears-and seizing his hat, he rushed from the court-room, perfectly overwhelmed with his feelings. And who that had but a common share of sympathy, could fail to be most sensibly moved at witnessing such a procedure on a subject so awful, allowed before one of the highest tribunals of the land. An instrument read to this idiotic creature, pregnant with his death, requiring him to respond to the same, when the wretched being had not the first glimpse of what it all meant, or what effect it would have upon him. D. Wright, Esq., who had assisted Gov. Seward on the preliminary trial, arose after the reading of the indictment, and declared he could not consent longer to take part in a cause which had so much the appearance of a terrible farce. But Gov. Seward, (who had returned to the room,) immediately sprang to his feet and exclaimed—“ May it please the Court-I shall remain counsel for the prisoner until his death !" At the solicitation of the court, Mr. Wright finally consented again to take part in the cause, and assist Gov. S. As the commission of the acts charged were not denied by the prisoner's counsel, the only question at issue was his sanity at the time of the homicide. Gov. Seward labored with unwearied assiduity to establish the insanity or dementia of Freeman, of which he was himself satisfied beyond a possible doubt. At great expense, defrayed by himself, he summoned into court the most eminent medical professors and practitioners from various and extreme parts of the state, whose intelligent and unbiased testimony fully sustained the ground on which he urged the defence. At length after a laborious and exhausting trial of two weeks' duration, aided by the abhorrent nature of the crime, the overwhelming popular clamor, and various decisions of the court, subversive in many instances, of established rales in capital trials, the attorney general succeeded in procuring from the jury a verdict of guilty. Gov. Seward's efforts in behalf of the prisoner were thus defeated. But he had faithfully discharged his duty, and the responsibility of holding an insane or idiotic person responsible for his deeds, rested not with him. Freeman was adjudged and condemned as a sane man. Gov. S. had no more to offer in that place, and the court was suffered to proceed in passing sentence upon the prisoner. As in reading the indictment, so in the passing of the sentence, a scene occurred unparalleled, we venture to affirm, in any court of justice. Instead of standing in the dock as is customary, the Judge directed the prisoner to be brought to his side upon the bench. The Judge then said to him : "The jury," repeated the Judge," say you are guilty. Do you understand?" 66 Well they are those gentlemen down there," continued Judge Whiting, pointing to the jurors in their seats" and they say you are guilty. Do you understand?" "No!" 66 They say you killed Van Nest. Do you understand that?" "Yes!" "Did you kill Van Nest?" "Yes!" "I am going to pronounce sentence upon you. Do you understand that ?" "No." "I am going to sentence you to be hanged. Do you understand that?” "No." The prisoner was then led back to the dock, and the Judge proceeded to pronounce sentence of death upon him. This he did in the form of an address read to the audience-thus tacitly admitting, what was evident to every person in the immense multitude present, that Freeman knew not a word he uttered, or the strange scene thus transpiring. He was conveyed to his cell as unconscious of the sentence that had been pronounced upon him, as an unborn child. A bill of exceptions was prepared by Gov. Seward, but the Judge refused a stay of proceedings. It was however, subsequently granted by a Judge of an appellate court, and in October following, on a full review of the whole case, a new trial was granted. But Freeman, who had proved himself a monomaniac in the committal of the homicide, now sunk so low in dementia, that Judge Whiting, before whom he was tried and convicted, pronounced him incompetent for another trial, and refused to proceed with the case. A few weeks later, the wretched and imbruted William Freeman passed from earth to the presence of a more wise and merciful Judge. A post-mortem examination was made, by the most eminent physicians in the state, which showed that Freeman's brain was diseased and destroyed. The publication of Gov. Seward's second argument* in this remarkable case, an effort of the highest and *See Vol. I. p. 409. |