Fatal Affray in Afton, Oxford Times, February 19, 1868: A fatal affray occurred in Afton [Chenango Co., NY] on the 10th inst., resulting in the death of Elliott J. Kidder, of Bainbridge, by Robert Corbin, of Afton, by means of a pistol discharged by said Corbin. The affair occurred upon what is known as the "White House Lot," and upon premises in dispute between the parties. It seems that Kidder on the morning in question had gone to the disputed lot with men in his employ, to cut timber, and that Corbin on the same morning had sent a man with a yoke of cattle to the same locality, to get a cord of wood which he had purchased of the claimant of the lot, and that Kidder and his men had taken the oxen from the teamster and detained them. Corbin having been told of this fact, armed himself with a pistol, and having been joined by others went with horses and sleigh upon the disputed land, along a private road, where they were met by Kidder who was swinging an ax in his hand, and attempted to stop the team by hallooing to them, and finally by striking one of the horses on the nose with the ax.
At this point Corbin left the sleigh, and to use his own words, drew his pistol out of his pocket with the intention to frighten Kidder away, advancing with the pistol in his hand to a point about even with the horses' heads, he told Kidder to get away from the horses, and raised up the pistol pointing it toward him that he might see it. The parties were then about six or eight feet apart. Kidder said "you are going to shoot are you?" to which Corbin replied, "get away from the horses," Kidder at his point raised his ax and advanced upon Corbin, he walking back with pistol in hand, and partially falling over by reason of some brush which caught his heel. Corbin says that as he fell he saw the ax come over, and felt it hit him slightly on the left breast. He heard someone pass him, and when he again stood upright he saw one Mallory, who was of Corbin's party, in an encounter with Kidder, near the horses heads, Corbin thereupon went after the contending parties and as he says saw an ax swinging over Mallory's head, and drew his pistol and shot, the ball taking fatal effect upon Kidder. We have given Mr. Corbin's statement of the affair, as it is right to presume that his version of it is at least as favorable to himself as any other.
State of New York, Chenango County
Inquisition taken at Bainbridge on the 11th, 12th, 13th and 14th days of February, 1868, before B.F. Beardsley, one of the Coroners of said County, upon view of the body Elliott J. Kidder, then and there lying dead, upon the oath of fourteen good and lawful men of the said County, who being duly summoned and sworn to inquire into all the circumstances attending the death of said Elliott J. Kidder, and by whom the same was produced and in what manner, when and where the said Elliott J. kidder came to his death, do say upon their oaths aforesaid, that one Robert Corbin, of Afton, Chenango County, on the 10th day of February, 1858, at about 5 o'clock P.M. in the town of Afton in said County, near the "White house lot," did with gun powder and ball, he, said Robert Corbin, violently and of malice aforethought inflict a mortal wound upon the head of said Elliott J. Kidder while the said Kidder was engaged with a conflict with one Wm. Mallory, of which wound he then and there instantly died; and so the Jurors saying that the said Robert Corbin is deemed guilty of manslaughter in the second degree. In witness whereof, as well the said Coroner as the Jurors aforesaid have to this inquisition, set their hands and seals on the 15th day of February, 1868.
B.F. Beardsley (Coroner), Horace Scott (Jury Foreman), Wm. W. Davis, James K. Wetmore, Jacob Bixby, Albert D. Patrick, Abel S. Palmer, Ansel Phinney, Ebenezer E. Wildly, Peter M. Packard, Thurston S. Tarbell, Chas. D. Evans, John W. Treadway, Melvin M. Peeso, Hiram Schrom
We defer comment upon the affair, only so far as the statement of Corbin himself, warrants us in the opinion that the verdict of the jury will be approved by all impartial minds, as fully sustained by his version of the matter. Viewed in its most favorable light it is a most disgraceful exhibition of the criminal violence to which the angry passions of men will lead them, and demands the most rigid scrutiny of the judicial tribunal charged with its examination and punishment. There is no species of legal defense in this day, which is liable to greater abuse, than the pleas of self defense, as an excuse for crimes against human life. We hear that Corbin has since been arrested and held to bail for his appearance, in the sum of $5000.
The Kidder Insurance Suit, Chenango Union, Norwich, NY, December 5, 1872: The trial of this interesting suit resulted in a verdict of $6,404,31 for the plaintiffs. the following history of the case was furnished the Utica Herald by its Norwich correspondent. It will be read with interest by all.
A case of considerable importance has just been tried before the Chenango Circuit and Special Term of the Supreme Court, now in session in this village [Norwich, Chenango Co., NY], Judge Balcom presiding, involving the validity of an accidental insurance policy, issued by the Traveler's Insurance Company, of Hartford, in favor of Stella A. Yale and Anna B. Kidder, daughters of Elliot J. Kidder, deceased, late of the town of Bainbridge. Kidder, as many of the readers of the Herald will remember, was killed in an affray with Robert Corbin, of Afton, and others, on the 10th of February, 1868.
For the better understanding of the case, it may be well to remark, that, in the town of Afton, some five or six miles from Bainbridge, there is, or was, a piece of land in dispute between Kidder and Corbin, familiarly known as the "Log House lot," adjoining, or near another known as the "White House lot," on which Kidder had claims, or was in possession at the time he lost his life. On the day of the affray, Kidder with several persons in his employ, was at work on the premises in dispute. Between four and five o'clock of that day, two teams with a double and single sleigh, containing some nine or ten person, drove upon the hill, ostensibly, if any purpose was avowed, to bring away a pair of oxen belonging to Robert Corbin, sent onto the lot for a load of wood, and which Kidder, it was stated, had restrained. While driving up the hill, and upon reaching or nearing the lot in question, Kidder, who had been notified of their approach, came down the hill with ax in hand hollowing "whoa! stop!" forbidding the party to proceed farther as the premises were his. The team was stopped and Corbin and company jumped out of the sleigh, when a melee occurred in which Kidder was shot by Corbin through the head.
Corbin was placed on trial for the murder of Kidder, at a Special term of the Supreme Court held in February, 1869, Justice Balcom presiding, and after hearing the evidence and the argument of counsel which occupied several days, was convicted of manslaughter in the third degree and sentenced to Auburn prison for two years and two months. Hon. Lyman Tremain and Hon. Amasa J. Parker were engaged in the trial. The former on the part of the people, the latter for the defense. At the end of about nine months, Corbin was pardoned by the Governor, and re-appears in the scene an important witness in the new role, or "roll," an attentive listener to the rehearsal of the tragedy in which he certainly, of all others save one, acted a conspicuous part.
The defense was based mainly on the ground or allegation that no premium had been paid upon the policy, issued but a short time previous to Kidder's death, and consequently it was not in force, and upon the further allegation, that the deceased came to his end, while engaged in an unlawful act, and in violation of the terms and conditions prescribed in the policy itself. Occupying two full days in the trial, the cause went to the jury on Wednesday evening, who, this morning, brought in the sealed verdict for plaintiff, in the sum of $6,494.31, the amount of policy being $5,0 M, the balance interest. The case was managed with great ability on either side, Henry B. Mygatt for plaintiffs and William J. Hadley of Albany, for respondents. The cause has once been non-suited, and now exceptions have been taken for further hearing and we opine it will be a long time before the orphan Kidder girls will reap of the benefits provided by their thoughtful parent, who, whatever faults he may have had, loved his family with a husband's and father's love, should they not be deprived of this intended legacy altogether. There is so much law and so little justice--I say it will all due respect for the law makers and the legal profession, and without considering the merits of the case in hand, that one might as well lie down and die in the "last ditch," however meritorious his claims, as to struggle on with any hope of reaching the end, unless he be sure he is another Methuselah, or his a lease of life far outstretching the allotted yours of man.
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