Trial of Robert Corbin, for the murder of Elliot J. Kidder, at Afton, Feb. 10. 1868
Chenango Union, February 24, 1869
The trial of Robert Corbin, indicted for the murder of Elliot J. Kidder, at Afton [Chenango Co., NY], February 10, 1868, was moved by District Attorney, R.A. Stanton, Esq., on Wednesday last, before the Supreme Court now in session, Judge Balcom presiding, justices Briggs and Kelsey on the bench.
Counsel for People: District Attorney R. A. Stanton, the former District Attorney C.L. Tefft, Hon. Lyman Tremain and Rexford & Kingsley.
Counsel for Defense: Sayre & Winsor, I.S. Newton, Esq., E.H. Prindle, Esq., and Hon. Amasa J. Parker.
The following were the Jurors empaneled in the case, a considerable number drawn being disqualified either from having formed an opinion, or from conscientious scruples, a few only being peremptorily challenged by counsel:
Riley Preston, mechanic, Lincklaen; Morgan McNitt, farmer, North Norwich; William R. Buell, farmer, North Norwich; Elisha E. Baldwin, farmer Pitcher; William Rhodes, mechanic, Sherburne; Almon Tuttle, farmer, Columbus; Alfred Taylor, farmer, Smyrna; S. Anthony Chapman, farmer, Smyrna; Derrick L. Shepard, farmer, Guilford; Daniel Preston, farmer Otselic; Wells Tallett, farmer, Otselic; Horace Johnson, farmer, Plymouth
The case was ably opened by the District Attorney, who detailed the circumstances attending the homicide, and the evidence upon which the people would rely, for the conviction of the prisoner at the bar.
Some ten or a dozen witnesses were sworn on the part of the prosecution, three or four of whom witnessed the affray and related in full the circumstances attending the killing of Kidder by Corbin.
That the reader may better understand the facts in the case, and the evidence, which as much as possible we are obliged to condense, it may be worthwhile to remark, that in the town of Afton, some five or six miles from Bainbridge, there is and long has been a piece of land in dispute, between Kidder, Corbin, the Caswells and perhaps others, known as the "Log House lot," adjoining or near another known as the "White House Lot," on which Kidder had, or was in possession of at the time. On the day of the affray, the 10th of February 1868, Kidder with several persons in his employ, among them F. Delong, H.J. Lake and boy, Ebenezer and Riley Colton, H.R. Wheeler and Lewis DeLong were at work on the premises. Between 4 and 5 o'clock of that day, two teams with a double and single sleigh, containing some nine or ten persons, drove upon the hill, ostensibly, if any purpose was avowed, to bring away a pair of oxen belonging to Robert Corbin, sent on the lot for a load of wood, and which Kidder, it is stated had restrained. In this party was Robert Corbin and his son, Charles, H. and V. Caswell, one Lattemore, Chas. Wood, Geo. Teed, George Fox and William Mallory. When driving up the hill and within a certain distance of the lot, Kidder, who had been notified of their approach as appears from the evidence, came down the hill, with ax in hand hallooing "whoa! stop!" forbidding them proceeding any father as the premises were his. The team was stopped whereupon Corbin jumped out of the sleigh, receding before the advance of Kidder, till he went down in the snow. At this point some discrepancy will be noticed in the evidence in regard to the use of the pistol, some of the witnesses testifying that one was presented and snapped by Corbin, others that they neither saw nor heard anything of the kind. Disagreement to some extent will also be noticed on other particulars.
The first witness for the people was Francis Delong, who testified in substance as follows: Knew Kidder; was loading logs in the employ of Kidder when Corbin and his men come up; Kidder told them they must not drive any further on his premises; he halted the team; Corbin fell down; Mallory clinched Kidder; Corbin came around and shot Kidder; saw pistol; was standing six feet in front of horses; was one rod from the parties at the time of shooting; Mallory backed Kidder 16 or 18 feet out of the road on the right hand side, having hold of Kidder and the ax at the same time; don't know whether Kidder had hold of Mallory or not; Corbin was near the sleigh; he had to go about two rods to get to Kidder; he was 4 or 5 feet from him when he shot him; Kidder stood sideways towards Corbin, when he fired; told Corbin as he passed, on answer to his inquiry, that I was drawing logs for Kidder, not fighting for him; the team belonged to Geo. Fox; after Corbin fell, heard Lattemore say, "kill him, d...m him!" Kidder was between witness and sleigh at this time, with Mallory; Kidder told Corbin he owned the premises, and he must not drive on them; saw Kidder fall; after report of pistol he fell on his right side and died instantly; I raised his head and put his hat under it, and said, "he is dead;" at the time Corbin passed me saw pistol for the first time; don't know whether it was cocked or not; don't know which hand he fired from; think it was his right; when Corbin fell Kidder was pretty close to him; Kidder was holding the ax; he did not attempt to strike Corbin; did not see any kicking by Mallory; could not tell whether Kidder struck at Corbin or not; think Mallory met Kidder in the road; did not see any blows struck; Mallory was four or five feet in front of the horses when he clinched Kidder; after Kidder fell, they all left and passed by towards the log house.
The cross examination elicited no material facts in the case.
To be continued
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