The Greene Affair
In Justices' Court, Before E.C. Kattel, Esq.
Binghamton Courier, December 17, 1845
Dr. Augustus Willard testified that he was acquainted with Ann Augusta Burdick, as a practicing physician; have seen her this morning, she is weak and feeble now, both mentally and physically.
Lucius S. Darby sworn: testified that he resides in Greene, 31 years of age, have known Ann Augusta Burdick since last Sept.; was in Greene 30th of September; about 3 o'clock in the afternoon, Mr. Hammond gave the alarm that a woman had been taken off; said it was Mrs. Burdick, went with others to help search for her, up to Hammond's house; searched a round the premises about an hour, then at the suggestion of I think Mr. Hammond, went with others to search in a swamp with lies about three fourths of a mile north of Hammond's house. We had got three or four rods into the swamp, perhaps a rod apart, when we heard a noise like a person choking or strangling; went forward to the spot where it appeared to proceed from; there we found Mrs. Burdick, lying in a brook with her face up, her hands tied together, forward, crossed, tied about at the wrists; there was a gag in her mouth; gag was about four inches long, and one way I should say about two inches in diameter, the other perhaps an inch and a half; it was flated like, made of cotton cloth rolled up and sewed.
Over this gag in her mouth was a cloth, tied on the back of her head, and also one tied over her eyes. There was one stick about 20 feet long, laid across the ditch, with one end embedded in the bank, her feet were under this; another stick about 6 feet long and 9 inches in diameter, lay prying lengthwise of her, with one end under the long stick, another stick lay across her above her arms, the sticks were pretty heavy, the longest one was a pretty good lift for me. She was very muddy and wet when we found her, and had her dress torn some, she had the appearance of having been rolled in the mud, she was perfectly insensible when she was found. Mr. Juliand cut the string that tied her hands, and I pulled the gag out of her mouth, it was firmly in her mouth, had to pull two or three times to get it out, carried her out of the swamp up to the house of Mr. Van Ostrand, she had the appearance of being dead most of the time while we were carrying her, met Mr. Johnson at Van Ostrand's with his wagon, two men got in with him and carried her to Hammond's house.
Before going to the swamp, went to the red house occupied by Mrs. Baxter, found it fastened. Johnson was at Hammond's house with a one horse wagon before he went to search the swamp, saw Mrs. Baxter at Hammond's house with a one horse wagon, before going to the swamp, Johnson brought her there, from up the river, Mrs. Baxter did not do anything towards searching, and I thought appeared very indifferent, can't say whether I heard her say anything. When I first came to Hammond's, found Burdick lying on the ground, before the house from excitement or some other cause, he had fallen down there, and was unable to get up, he was carried into the house and laid on a bed, examined the bed room window, one of the shutters was handing by one hinge, the upper hinge, the string which Mrs. Burdick was tied with, appeared like a lady's corset lace.
Cross-examined: I do not recollect that Johnson was sent from Hammond's after Mrs. Baxter, heard it said that she was at Niram Johnson's, she went off in that direction. there was nothing like voluntary power about Mrs. Burdick when we found her, she was not laced up, the upper part of her person in front appeared to have been in the water, the cloth over her mouth appeared to be the cape of a dress, the cloth tied over her eyes was a gingham apron. The water was 3 or 4 inches deep, when we found her, with a muddy bottom, the cloth about her face were muddy and wet, the water runs from a spring and very slowly.
Lewis Juliand sworn, testified as to the finding of Mrs. Burdick, the same as given by Darby, and further. In the rear of Hammond's house a few rods, there is an abrupt descent, quite a steep bank, from that in the direction of the swamp, the land is nearly level for some distance, then gradually rising (the bank continues parallel with the road) until you come up on a level to the land which is level with the house, from Mr. Hammond's to the swamp this ravine diverges from the road, so that the plain in view of the road is something like 80 rods. There are fences between the level land and the road; on the east side of this level there is quite a high fence, near the place they would naturally pass in going to the swamp; mentioned to Mrs. Baxter the circumstance of the cape having been found at Hammond's on Monday evening; she said she presumed it was her's, that the girl had brought away a great many things belonging to her. Johnson was by when the cape was talked about. Should think it was two hours after search commenced before Mrs. Burdick was found, saw the gag opened, it was composed of a portion of the sleeve of an old cotton shirt and the band of the collar of the shirt and a small piece of new cloth these were rolled up together a few stiches taken in them, and those enclosed in a piece of cloth supposed to be the shoulder piece of an old cotton shirt.
Cross examination: There are three fences to be passed in going from Hammond's to the swamp, thinks the logs were six inches in diameter. The road leading up to Oxford is daily travelled. Saw Mrs. Baxter after her daughter was found, she appeared to be perfectly indifferent. The window shutters Venetian blinds, and were hung with strap hinges, which could be easily slipped off, it was off at the bottom hinge and hung on the top hinge, it appeared as tho' it had been fasten by a string. The hands were tied over both wrists together, and not between them.
Lucius S Darby recalled: testified that when they found Mrs. Burdick she had no shoes on. In the position she lay, I think she could not get her hands to her mouth with the sticks across her.
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