Crime in Chenango County, NY, part 1 - Rufus Hill

 Chenango Semi-Weekly Telegraph, Norwich, NY, March 26, 1879

Crime in Chenango County [NY] - Part 1

The McCann murder trial which takes place in our county this week, turns the attention of our citizens naturally to the murder trials which have preceded it, and we have taken pains to give our readers a complete resume of this portion of the criminal history of our county, and trust it will not be uninteresting.

The earliest murder trial in our county, as far as we are able to ascertain was that of --

Rufus Hill

The only account to be found of it is the old minutes of the court, which we transcribe:  "At a Court of Oyer and Terminer, and general Goal delivery, held at the meeting house in the 10th township, in the town of Norwich, near the dwelling house of Obadiah German in and for the county of Chenango, on Monday, the 30th day of May, 1808.  Present, Hon. Joseph C. Yates, Justice, Rufus Hill, being indicted for murder and being arraigned, plead not guilty.  Wednesday morning at 9 o'clock, court opened.  On motion of Mr. Williams, District Attorney, it was ordered that the jury be drawn and the trial proceed.  Mr. Talmadge was appointed associate counsel of the people; Messrs. Gold and Platt counsel for the prisoner.

The trial proceeded and sixteen witnesses were sworn.  The jury retired and soon informed the court, by their constable, that they had agreed on their verdict; whereupon the court came in and the jury being called gave their verdict that the prisoner was guilty.  Friday morning, at eight o'clock the court opened. Rufus Hill, being brought before the court was asked by Judge Yates what he had to say why the judgment of the law should not be pronounced against him?  The prisoner replied that he was not guilty of willful murder. The judge then proceeded to pronounce sentence of death against the prisoner, viz.  "You Rufus Hill are to be conducted back to the place of execution, where you are to be hanged by the neck till you are dead and the Lord have mercy on your soul.

"And further the court ordered that the said Hill should be executed on the last Friday of August next, between the hours of 12 o'clock and 2 P.M."  From tradition we learn that Hill was charged with the murder by throwing an armful of wood upon a child, and that his defense was that he did it accidentally, not seeing the child when the wood was thrown. The execution never took place; the verdict being disaffirmed by the Governor.

Pennsylvania Weekly Telegraph, Harrisburg, PA, July 9, 1808

Norwich, N.Y.:  On Wednesday last at a court of oyer and terminer and general jail delivery, for the county of Chenango, holden by his honor Joseph C. Yates, esq, came on the trial foo Rufus Hill for the murder of Mary Sisson, his wife's daughter, aged about 20 months.  It appeared in evidence, that on the night of the child's death (the 9th of November last) the mother and a Mrs. Parker went to the house of a Mr. Chase, a neighbor, at the distance of about 40 rods, for the purpose of borrowing a book relating to murder; that they left the child at home, apparently in good health, with no other person in the house but Hill; that shortly after they reached Mr. Chase's house, Hill called to them and desired them to hasten home, for the child was sick; that they accordingly went home as fast as possible, followed by Mr. and Mrs. Chase, who found the child in the last agonies of death; it gasped a few times, and expired.

It was proven by doctors Robinson, Foot, Ross and Cone, who attended the inquest, which was held on the body of the deceased, that a number of bruises were found on it, particularly about the neck and breast; that its neck and four of its ribs were broken. A variety of other circumstances were adduced on the part of the prosecution, which would leave no doubt of the guilt of the prisoner.  A number of witnesses were examined on the part of the prisoner, to prove that his general character was unexceptionable and that his conduct towards the child was tender and affectionate.

After the testimony was gone through, Mr. Platt, council for the prisoner, addressed the jury in a speech of one hour and twenty minutes, in which he displayed great ingenuity.  He was followed on the same side by Mr. Gold, who spoke about two hours and a half, with that eloquence and ability for which he is so eminently distinguished.

Mr. Tallmadge then rose on the part of the prosecution and delivered one of the most eloquent speeches which we ever recollect to have heard. The district attorney, Mr. Williams, then closed the pleadings.

the charge of Judge Yates was truly impartial and luminous.  The jury retired about nine o'clock in the evening, and in about an hour returned into court with a verdict of "GUILTY."  Yesterday the awful sentence of death was passed upon the unhappy man in a most solemn and impressive manner. The day appointed for his execution is Friday, the 26th day of August next. the deportment of the prisoner during the trial, was decent and orderly.

Olive Branch, Norwich, NY, August 20,1808

Respite

We have received the following communication from James Birdsall, Esq. which we hasten to lay before our readers:

Mr. John F. Fairchild, Sir: I have just received a communication from the governor's Secretary (Mr. Spencer) informing that Rufus Hill who was lately convicted for the murder of Mary Sisson, is respited.

The reasons, he states, which induced the respite, were - that the whole of the evidence adduced against the prisoner, was circumstantial merely, and consequently admitted of doubt - that the petition for his respite, signed by a great number of citizens, by the counsel for the prisoner, and by three very material witnesses against him, expresses a disbelief of his guilt; and that Judge Yates, who presided at the trial, expressly declares, that he is dissatisfied with the conviction, and requests that the case may be submitted to the consideration of the Legislature.

By inserting this in your paper a knowledge of the Respite will be more generally diffused and an unnecessary attendance of people at the time and place heretofore noticed for the execution of the prisoner prevented.

Yours with esteem, James Birdsall. Norwich, Aug. 18, 1808.

The Evening Post, New York City, February 4, 1809

The legislature of this state [NY] has passed an act to pardon Rufus Hill, convicted at a court of Oyer and Terminer in Chenango County of the murder of Mary Sisson.