Trial of Robert Corbin, for the murder of Elliot J. Kidder, at Afton, Feb. 10, 1868
Chenango Union, February 24, 1869
(Continued from posting of January 22, 2022)
Hiram J. Lake was the next witness, who testified substantially as Delong, being perhaps a little more explicit in one or two particulars; saw Kidder come down the pitch, or hill, hallooing to the team coming up, to hold on; threw up his ax and stopped the team; as they started up the third time he hallooed whoa; hit the nigh horse on the nose; told them to drive no farther, he was going to protect his property and the law would protect him; Corbin got out of the sleigh, came round to Kidder and said go away from my horses, at the same time presenting a pistol held in his right hand; Kidder said "Going to shoot me, by Christ!" Kidder pressed forward, and they were soon out of my sight; coming in the road again and getting in front of the horses Kidder said to Mallery "What are you here for, I have nothing to do with you;" They clinched and backed up; heard Kidder hallooing to Wheeler to come quick; heard someone, think it was Lattemore say, "Kill him, damn him;" a moment after, Mallory and Kidder being yet clinched, Corbin was putting his hand over Mallory's shoulder; saw Corbin shoot; said then, "he has done it, done that he can never do up again;" think Corbin was a foot and a half or two feet from Kidder when he shot; witness had a suit against Corbin at the time of the affray.
Re-direct: Kidder was flourishing the side of the ax towards Corbin; he must have been four or six feet from Corbin when he went down; Corbin stepped towards the sleigh when he got up, and Kidder into the road; heard the pistol snap and Corbin say "the d....d thing wouldn't go;" had heard of threats by Corbin to the effect that if Kidder didn't keep off the hill he would be shot.
The third witness was the Colton boy, Riley, living at the time of the affray with his father, Ebenezer Colton at the White House, he notified Kidder that Corbin was coming; Kidder came down and halted the team; Corbin told him to get away; he said that he shouldn't, he was going to protect his property; Corbin had a pistol in his right hand; thought he snapped it; Kidder said, "you going to shoot me?" no reply by Corbin; Kidder followed him and Corbin fell down in the snow; Kidder retreated; Mallory walked up and took hold of Kidder and the ax with his left hand; Mallory tried to kick Kidder when he backed out into the snow; the shooting was six or eight feet ahead of the horses and out of the road; Corbin pointed the pistol at Kidder when he first came to the horses heads; then Kidder raised his ax; heard someone say "why don't you shoot him?" Corbin replied, "the d....d thing wouldn't go." This witness also testified in regard to an unloaded horse-pistol, in the hands of Kidder that was left at their house.
The next and last witness that saw the transaction was Uriah Lake, son of Hiram Lake aged 13 years: First heard Riley Colton shout to Kidder "they are coming;" can't say where Riley was; Kidder held up his hands and shouted, "whoa, whoa!" Kidder fetched his hand up and hit the horses on the nose; Corbin came near Kidder; did not see the pistol; Kidder raised his ax at Corbin; he backed up till he fell down in the snow; Kidder struck at him with the side of the ax; don't know whether he hit him; Kidder went up the road and Mallory followed him; Kidder said, "I have nothing to do with you;" Mallory said, "I have with you;" Mallory backed Kidder out in the snow ten or fifteen feet and kicked at him; heard Kidder call for help; Riley Colton ran and told his father and Wheeler to come quick; didn't see the whole if it, there being a load of logs between them and me.
The evidence of Ebenezer Colton and Hezekiah R. Wheeler, the persons called by young Colton to aid Kidder, relates principally to the transactions of the day and the position of affairs when they reached the scene. Both heard the report of the pistol, and one or both remarked "someone is shot." Colton thinks Kidder was a little intoxicated, Wheeler thinks he was not; he was with him nearly all day and took dinner with him; saw no liquor. He also testifies in relation to the horse pistol which he saw when they left in the morning. Kidder told witness to go to Shaw's house and get a saw and horse pistol that was there belonging to him; it was not loaded; he put it in the sleigh; there was no ammunition there; Kidder put it into the log house to remain till called for.
The evidence of Lewis Delong, in the employ of Kidder on the fatal day, elicits nothing new and is immaterial.
Simeon Greek testifies to a conversation with Corbin something like a week before the homicide, in which he requested him to move into the log house. Witness told him Kidder would tear the house down when he returned; he said if he was there and he attempted to tear it down he would not do it again, or he would have to be carried off the hill.
Dr. Blinn S. Sill, of the party that went for Kidder's remains, related the position of the body when they reached the spot, detailed the situation of the surroundings and various measurements that were made. Body was about 18 feet from center of road; on the right side, the road being nearly at right angles with it; the beaten track of road where the affray took place was five or six feet wide, where it turned up the hill, something wider; distance from place where the body lay to the top of the hill sixty or eighty feet; a man standing 100 feet up the road from the body could have witnessed the transaction.
The medical evidence was given by Dr. W.H. Beardsley, who made an examination of the body. The ball entered just under the ear; it was lodged on the opposite side; this would have paralyzed the nerves of motion predicting death instantly.
Mrs. Adaline Kidder, widow of E.J. Kidder, testified as to the appearance of Mr. Kidder previous to and at the time of his leaving for the hill, between 9 and 10 in the morning. He was not intoxicated; he did not say to me at any time if Corbin came there to get that land, one of them would go off dead; he spoke of going on the hill Sunday; I requested him not to go.
This, in the main, closes the evidence of the people.
To be continued
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