man and asked him to read in it. He undertook to do so, and commenced by repeating the words, O, Lord, Jesus Christ, Almighty, mercy Moses, and continued in the same way, but sometimes using words that I could not understand and which I doubt were to be found in any language; certainly not in the English. He used some proper English words, but others were not. They were words that I never heard before, and probably never shall hear again. I took the book from his hand and said to him, "you do not read right." He replied that he did. I looked at the place where he was pretending to read, and found it was the chapter beginning with, "In those days came John the Baptist, preaching in the wilderness," &c. I said again to him, "you cannot read." He said, "yes I can." I said, "you don't read right." He said, "yes I do."

Finding that he could not read in the Testament, I took from my hat a leaf of a Bank Note Detector, and pointed to the word "admirable" that was upon the leaf, and asked him what it was. He looked up with a silly expression, and said "woman." I said, No it is'nt. He said, Yes it is. I then put the point of my knife to the word "Thompson," for it was Thompson's Bank Note Detector, and said, "What is that, Bill." Cook, said he. I then directed his attention to a capital A, which he called A, and he also called the letters to E correctly. Mr. Austin asked me to tell him to count. One or both of us did so request him. He said he could count, and commenced counting his fingers. He counted to "five" and hesitated; and again when he got to "eleven" and "thirteen," and at a number of places. When he got to twenty, he began one, two, three, &c., and kept on to seven, and from that went to eighty. Next he got in sixty-six and seventy-two before I stopped him.

During all this time he was in a tremor from head to foot. Finding he could not count correctly, I entered into a conversation with him, about his going up to the Lake. I asked him what he went up to the Lake for; to which he replied that he did not really know what he did go for; as if he had no particular object in going. I asked him how far he went. He answered, quite a piece, or something like that. I asked him where he stopped, or if he stopped in any other house. He said he stopped once at a house beyond. I inquired what for. He said to get a drink of water. I asked him what he went into the other house for. His answer amounted to this: that he did not know. I asked how he came to kill those folks. He said he did'nt know, or "Oh, I don't know." I asked him if he was after their money. He said, "No; didn't know they had any." I asked if he knew the family. He said, No. I asked how he came to kill that child. Here he exhibited some feeling. He answered, "They say, I know, I killed a child; but Mr. Curtis, no, I did'nt; I never killed a child." I asked him what he killed the others for. "Why," said he, drawling, "you know I had my work to do." I said, nonsense, don't talk so foolishly; and repeated the question loud and distinct; to which he answered, "Well, I don't know; can't tell."

I asked him if he knew the man, or had any thing against him. He said No, he didn't know him, nor know who lived there. He said he thought it was time to begin. Said he did'nt go in to kill them; thought it wasn't time to begin yet. I asked him if he went in to murder them. He said "No, I thought it wasn't time to begin." He spoke about having worked for the State five years, and had not got his pay; that they had got to pay, or somebody had got to pay him. I felt that there was no attempt on his part to deceive. I have no doubt that he was really sincere in what he said. I have no doubt of it. What I saw of him gave me the impression that he was crazy, or was a fool, or both.

CROSS EXAMINATION.-When I asked him what he killed those people for, he said, You know that I have worked five years for nothing, and they have got to pay; or, I have not got my pay for it. He did not live with me long. thought him more knave than

I did not suspect he was crazy at that time; fool then; that he was capable of doing better than he did. When I set him at any thing, he would almost always do it wrong. I take it for granted, a person I employ has common sense; if not I don't employ him; and that was my impression about this man. Can't say how many times I saw him after he came from prison. I have recollection of having seen him once or twice. Can't recollect any particular time or place, but am satisfied I was in the habit of seeing him from time to time; possibly as often as once a week. I knew him by name, and have no doubt that he knew me. Never spoke to him, or he to me, after he went to prison. I recollect nothing of him since he left me, except his peculiar cast of countenance. Never thought of asking myself the question whether there was any difference in him. Took no notice. I think he was not deaf when he lived with me first. I never punished any body that I hired; never punished or reproved him when in my employ. He did not learn to read while he lived with me. I doubt whether he attended any church or any school. I attend the Universalist church, and the Rev. J. M. Austin is our clergyman. I think his education is fair, yet I never asked him whether he was a graduate. I should think his education was fair and decent. Have heard him quote Greek and Latin, but can't say as to Hebrew. I don't understand any language myself but the English, and hardly that.

I had kept away from Wyatt and the negro until the Monday when this court commenced. On the Sunday preceding, I was told that I would probably be called as a witness in this case, and I determined then to go and see him.

On Monday morning Mr. Austin came in to my store, and I told him about my determination. He said he would meet me at Dr. Robinson's office and go with me. One of us named the hour. When I went, he was not there, so I kept on to the jail, where he came ten or fifteen minutes after. It was neighborhood talk when he was in the State Prison, that he

was called crazy. He was called Crazy Bill. I had heard that some called him crazy before I went to the jail; some said he was a fool.

My object in going to the jail was to see him, having almost forgotten him. After seeing him. I talked about him, and when I heard men say that he ought to be hung, I would say, you might as well hang a dog. I did not know as I was to be called as a witness as to his state of mind. I knew I was to be called upon to testify as to the facts; not to any particular thing. I afterwards told Mr. Seward of my interview with the prisoner. When I went to the jail I went to find out all I could about Freeman. While there, Mr. Austin in a low tone of voice said to me, "he can't read; he thinks he can, but cannot." That difficulty was all solved when I remembered how little children read when a book is handed to them before they have learned to read. I did not discover any change in him. When he tried to read, he used a great many strange words. I would as soon expect a pig to utter Greek and Latin or Hebrew, as for him to do it.

Q. Did it never occur to you that he was trying to impose on you, to get up the plea of insanity?

A. It did occur to me.

Q. Was it not possible that with his appearance of insanity he was attempting to play off such a game?

A. The thought vanished in a moment. There was too much before me. Q. Are you confident that he cannot read at all?

A. I am that he cannot read a sentence, and yet he can say the alphabet correctly.

Q. From your own knowledge can you say that he cannot read?

A. I cannot say from my own knowledge that he cannot read, except as I have before testified.

Q. Did you know that a plea of insanity was to be interposed for him? A. I presumed he would set up insanity or idiocy.

Q. Had you known that he was about putting in a plea of insanity, would it have altered your opinion of his sincerity?

A. I don't think it would. I have no doubt of his sincerity; that he labored very hard to try to make us believe that he knew something, and did not know any thing.

Q. What was the condition of his mind when he lived with you?

A. He was stubborn and playful, and when told to do one thing he would do another.

Q. When he was pretending to read in the jail, did it not occur to you that he might know better?

A. The thought occurred to me that he ought to know better, and might know better. I mentioned so to Mr. Austin, and others afterwards, I think. Q. Had Mr. Austin visited the jail before?

A. I suspect he had, and knew more than I did, and left me to get along with the prisoner the best way I could.

Q. Did not Mr. Austin say to you that the prisoner could not read? A. Why, I said to him that it was strange; that he certainly could'nt read; and he smiled, and said, "I know that, but he thinks he can."

Q. Did not the prisoner appear to be in a reflective mood?

A. I had an impression that the prisoner did not think much, any way.
Q. Might you not have been deceived as to the prisoner's sincerity?
A. I supposed the prisoner was telling me the truth.

Q. Did you think he appeared differently from what he did when he lived with you?

A. I got the impression that he was not a tenth part as big a fool when he worked for me as when I saw him in jail.

Q. Then you consider him a bigger fool than formerly?

A. You have asked me if I found any change in him. I got the impression that he was a fool, and that impression grew stronger the more I saw of him.

Q. Are you acquainted with the subject of insanity?

A. I don't know any thing about it scientifically. I have seen many cases

of it.

Q. Did you not know that he could not read before you gave him the book?

A. No. I did not know only from what he said.

He said he could, and
When he said, "they

I got the opinion that he was honest in thinking so. tell me I killed the child, but, Mr. Curtis, I certainly did not," I thought he was telling me what he believed to be the truth.

Q. And you think he believed that to be the truth?

A. I think just at that moment he thought he had not killed the child; but I think it likely that he would five minutes after have told another person a different story.

Q. Did he not assign a motive for going to the house of Van Nest and killing the family?

A. He said he had worked five years for nothing, and they must pay him.

I asked him several times why he killed the family, before the child was mentioned.

Q. Were the words he pretended to read on the page opened to him?
A. They were not.

Q. Did it occur to you that he might have been taught to do this?
A. No.

DIRECT RESUMED.-I do'nt believe it is in the power of all in this room to teach him to carry on a piece of deception for fifteen minutes. He pointed to where he pretended to read a part of the time, and a part of the time he held the book in both hands; he always counted by his fingers. His words were many of them unintelligible. The rest were mixed up.

RE-CROSS EXAMINATION.-The unintelligible words were between the others. His memory did not appear to be good. He recognized some peo

ple. He knew me. When asked if he knew me, he called me by name. He could count twenty.

Q. Does accuracy in counting depend upon memory?

A. I don't know whether it does or not.

Q. Did you test his memory particularly?

A. I did not; did not try him to see what he could recollect.

MARTHA GODFREY was next called and sworn as a witness for the prisoner, on the plea of insanity interposed in his behalf. She testified as follows: I reside in Sennett, and have seen the prisoner. He came to my house last March, at two o'clock P. M., and before the murder of the Van Nest family. He came in and sat down, and wanted to know if this was the place where a woman had a horse stolen five years ago. I told him it was. He then said he had been to prison for stealing it; but that he did not steal it. I told him that was something I did not know any thing about; that he had been tried and found guilty of it, and sent to prison. He seemed deaf, and complained of being so hard of hearing that he could not hear. He wanted me to get very close to him and speak very loud. One of my neighbors just then came in, and I told him to talk to Freeman, for I could not. It was Joseph Johnson that came in. He asked Freeman what he wanted. He did not make much of an answer, but said he did not know, and sat awhile. Mr. Johnson asked whether he wanted the horse, or what he did want. He did not make any answer, but sat there quite a while. I then asked him if he wanted any thing to eat. He said he did'nt know. I however gave him some cake to eat. Johnson spoke to him again, asking

him if he wanted the horse. He sat awhile, looked around, smiled, and said he didn't want the horse now. He said he had been to prison for stealing the horse, but didn't steal it; and wanted a settlement. He said he had been to prison five years.

I did have a horse stolen five years ago, and was a witness against Freeman on the trial for stealing it. I did not then know John G. Van Nest, nor any of his family, nor any of the persons in his house when the murder was committed. I never heard that any of them were concerned in the trial in any way. They were in no way related to me or my family. I never heard of them until after the murders were committed. He remained at my house about an hour. The witnesses against Freeman on the trial for stealing my horse, were Marcus T. Doty, and a negro, named Jack Furman, I believe. The trial was in this court house.

CROSS EXAMINATION.-Witness testified that Freeman was at her house at no other time that she knew of; that she never saw him at any other time, except at the court house when he was tried.

THERON GREEN was then called as a witness in behalf of the prisoner. After being sworn, he testified as follows: I have resided in Auburn for eight or ten years last past. I know the prisoner and knew him when he was in the State Prison at Auburn. In 1843 I was an officer in the State