Trial of Robert Corbin, for the Murder of Elliot J. Kidder, at Afton, Feb. 10, 1868
Chenango Union, Norwich, NY, February 24, 1869
(Continued from posting of January 24, 2022)
W. Mallory recalled: This was the coat I wore up there that the button was cut off, (the coat was exhibited to the jury) I was examined before the Grand Jury.
Cross-Examined: This coat is two years old; I showed the coat that night to two or three, can't name anyone but Wildey.
By the Court: Can't give any reason why I did not use both hands except to be ready for defense with one.
George Fox sworn: Live east of the log house premises, in Afton; lived there 30 years; traveled through on this road 28 years ago; had not traveled it in several years till last winter; went over it 20 years ago two or three times; am the Fox spoken of as having purchased the premises of Corbin sometime since.
The evidence of this witness in relation to the homicide was nearly the same as that already given. He had known Kidder 10 or 12 years and always heard he was a coward, though he acted ferocious.
William V. Caswell, the next witness in relation to the killing says: Kidder was swinging the ax as he came down; before Corbin got out he called to Kidder to go away; he then got out and passed near the head of the horses and told Kidder to go away as he wished to drive along; Kidder raised his ax at him and said, "I will split you down sir;" then saw Corbin's revolver the first time; it was in his hand; was pointed towards Kidder's breast; did not hear it snap; Kidder said, "Shoot will you?" and kept striking towards him; Corbin fell back in the snow; supposed the next blow might have caught his side; Kidder than drew again; Mallory jumped from the sleigh and caught the blow. Nothing new elicited by the evidence as regards the encounter between Mallory and Kidder. Being informed by Wood that if he wanted to save his property, he must go up and take care of it, he further states: my son asked me if it was necessary to take any weapons; Corbin said if he had anything it would be well enough to take it along; and he went and got the pistol.
Cross Examined: Wood and others were put in log house by me; this was Thursday previous to the homicide; Shaw went in under Kidder the Spring previous; had told the men to get guns; carried one there myself, to be used on Kidder or any other man who came there to disturb possession; the men could not get back except by going over land owned by Kidder; Corbin at the time of the affray was perfectly cool and collected both before and after the shooting.
Charles Corbin, son of defendant, aged 21 years next took the stand. His narration of the homicide agrees substantially with that of other witnesses. He heard the shot; did not hear anyone say "kill him;" did not hear anyone say "the damn thing won't go off;" Kidder acted perfectly wild.
Willard Landers next sworn; Know Kidder; Knows Corbin and Caswell; met last named coming across the street; Kidder came along and said Mr. Caswell you and Mr. Corbin will get shot on the hill; Caswell said them are pretty hard threats, who will do it; Kidder said I will do it, no one else; my family have had difficulty with Kidder; have feeling in the case.
The deposition of Eliza Corbin, daughter of defendant, was then heard, detailing conversation between Kidder and her father, and between Caswell and prisoner, and other incidents already recited.
H.C. Bosworth, a gunsmith of this village testified that none of the four remaining cartridges had been snapped; they would have shown it if they had gone off.
S.T. Donaghe testified that he informed Corbin as to the threats in Dec. 1867; he advised him to keep away from there without he was prepared for Kidder told him, after the house was torn down that he had possession and should keep it if his men had to shoot him.
Abijah Dean, an employee of Caswell, on the premises, testified as to the transactions of that day and the doings and sayings of Kidder and others previous to the affray. He knew there was a dispute about the possession of the lot, and that there was a suit brought; had four guns in the house but did not suppose they were brought there to be used, but to frighten Kidder.
H.K. Caswell sworn: Was present at the homicide and was under indictment for it. He narrated the fact of his getting a pistol for Corbin at Pecso's on the day of the homicide, and what became of it afterwards, also spoke of a loaded revolver, with six barrels, he had to protect himself with. He detailed the occurrence as given by other witnesses.
Leander Wildey, who was at the log house on the day of the killing, said: Kidder told Shaw not to drive off the cattle nor cross his lands himself; after Wood had thrust Kidder from the door he jumped back and took a gun; Kidder threatened to split us down.
Wm. Mallory recalled, testified in regard to his evidence before the Grand Jury; don't recollect of saying a boy 15 years old could handle Kidder or that he was not under the influence of liquor.
Hial Landers, a resident of Afton for about 70 years, and who knew the place where Kidder was killed for 50 years testified that the road was nearly the same as it was 30 years ago.
A number of witnesses were called and recalled, who testified in regard to the procurement and condition of the pistol the location of the road upon the hill, and the position and surroundings of the body of Kidder before it was removed. Witnesses also testified who visited the place sometime subsequent.
Evidence was given by J.B. Cook, D.C. Bond, H. Sanders, S.T. Donaghe, and Nelson Parsons, tending to impeach Hiram J. Lake and by W.L. Partridge, E.P. Church, Edward L. Bradstreet, LeRoy Bennett, J.W. Bennet, and Byron French, to impeach Simeon Greek.
Evidence was also given by Rufus Chandler, James M. Banks, Philo Kirby, James B. Cook, Daniel A. Carpenter and E.P. Church, who all concurred as to the excellent character of Robert Corbin, defendant.
N.P. Hitchcock, foreman, and John Mitchell, a member of the Grand Jury that found the indictment, testified in regard to evidence given by Mallory on that occasion, contradictory somewhat to that given on the trial.
Evidence was also taken, going to show what Kidder said in relation to the Oxen, and what he told Shaw concerning them on the hill.
The cause was ably and eloquently summed up on Friday evening, by Hon. Amasa J. Parker on the part of the prisoner, and Hon. Lyman Tremain for the people. We regret that our limits will not permit us giving at least a synopsis of the forcible and convincing arguments of the learned cousel on either side, and also the admirable charge of Judge Balcom, delivered on Saturday morning.
About 9 o'clock on Saturday evening, after once or twice coming in for instructions, or to report a non-agreement, the jury rendered a verdict of manslaughter in the third degree.
Exceptions were taken by the defendant's counsel, for the purpose of carrying the case to the General Term, and motion made for stay of proceedings, which was denied; and, on Tuesday morning, the prisoner was sentenced to Auburn prison for two years and two months.
To be concluded
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