B1655C 1846 M>; Y^1 NATIONAL LIBRARY OF XI LIBRARY OF MEDICINE NATIONAL LIBRARY OF MEDICINE NATIONAL LIBRARY OF MEDICINE W JO AIVIII1 IVNOIIVN IN I 3 10 1W JO AlVlfll IVNOIIVN INDIOlW JO ABVB9I1 IVNOIIVN * \ • kl LIBRARY OF MEDICINE NATIONAL LIBRARY OF MEDICINE NATIONAL LIBRARY OF MEDICINE *# ARY OF MEDICINE NATIONAL LIBRAR kl LIBRARY OF MEDICINE NATIONAL LIBRARY OF MEDICINE NATIONAL LIBRARY OF MEDICINE ^iAv; ^^<5^' ^^^-: W JO AIVBSI1 IVNOIIVN 3NI3IQ3W JO A IV II fl I 1 IVNOIIVN JNI3I03W JO 1IVIII1 IVNOIIVN * U LIBRARY OF MEDICINE NATIONAL LIBRARY OF MEDICINE NATIONAL LIBRARY OF MEDICINE I >j/\ | $y i v j?p | = '^fcs s V2 W JO AIVB9I1 IVNOIIVN 3NI3I03W JO AUVBIIl IVNOIIVN 3NI3IQ3W JO AX V It 11 IVNOIIVN ;?*v I AX sA/' f'sX W IARY OF MEDICINE NATIONAL LIBRARY OF MEDIC I M LIBRARY OF MEDICINE NATIONAL LIBRARY OF MEDICINE NATIONAL LIBRARY OF MEDICINE TIONAl LIBRARY OF MEDICINE NATIONAL LIBRARY OF MEDICINE NATIONAL LIBRARY OF MEDIC /\^i I3I03W JO AaVllll IVNOIIVN 3NI3IQ3W JO A IIV B 8 II IVNOIIVN 3NI3IQ3W JO A B V « 9 I 1 1VNOI TIONAl LIBRARY OF MEDICINE NATIONAL LIBRARY OF MEDICINE NATIONAL LIBRARY OF MEDI< /Vl 5 ,A risA. -I JlK . I VJ I 3 I a 3 W JO A BVBflIT IVNOIIVN 3NI3I03W JO A B V II 8 I 1 IVNOIIVN 3NI3I03W JO ABVB8I1 1VNOI TIONAl LIBRARY OF MEDICINE NATIONAL LIBRARY OF MEDICINE NATIONAL LIBRARY OF MEDII % P\/ i I3IQ3W JO ABVBII1 IVNOIIVN 3NI3IQ3W JO ABVBflll IVNOIIVN 3NI3IQ3W JO AlVllll 1VNOI Yir\ i F..*- LOUIsVfLLE, KY. PRENTICE AND WEISSINGEE, PRINTERS. 1846. I HI? :OPY RIGHT SECURED BY A. R. M KEE. TO THE FRIENDS OF JUSTICE, HUMANITY, MERCY, AND TRUTH, THROUGHOUT THE UNION, THIS WORK IS RESPECTFULLY INSCRIBED. s PREFACE. From a sincere desire to give publicity to the truth and facts, in relation to the trial and the circumstances, attending the unfortunate execution of Dr. Abner Baker, this work is issued. Confident that a candid public, after giving this book an attentive perusal, will do justice, and apply censure where it is properly merited. It is the design of the author merely to give facts, without any comments on his part regarding the conduct of the authorities and rulers of this Commonwealth. I would respectfully invite the attention of every individual, not only in this Commonwealth, but throughout our extended and happy Union, to an examination of the evidence and cir- cumstances attending this interesting and unfortunate case, believing that the destinies of our republic, and our happiness as a great family and as individuals, depend upon the adminis- tration and execution of justice and truth, uninfluenced and ' unbiased by prejudice or a spirit of revenge. Not wishing to extend these remarks to an unnecessary length. I leave the work in the hands of my respected reader. INTRODUCTION. In submitting to the public this work, the Publisher believed it due to the memory of Dr. Abner Baker, who was hurried into eternity in a disgraceful and ignominious manner, that the facts and circumstances attending this remarkable case should be made known to the community. For this purpose a transfer of the reward offered by the Executive and the two executors was made to the printers, with the understanding that when the amount was received it should be first applied to the payment of the publication of the evidence, and that when the same amount should be realized from the sale of the book it would be donated to the Lunatic Asylum in the city of Lexington. The Executors having refused to pay the amount offered by them until compelled by law, the Publisher trusts that, when collected, it will be applied to some public beneficence. He anticipated in this work the publication of some other napers, which he considered would be interesting to the pub- lic. In answer to the request for certain documents, the Pub- lisher is informed by his correspondents that "Gov. Owsley refused to let me have a copy of Gov. Jones' letter, upon the ground that it was confidential, and that probably he had ''■burnt it:' Another correspondent writes, "I also asked a copy of the letters of Judge Reese and Gov. Jones, but Gov. Ows- ley said they were private letters, and were confidential, es- pecially Jones'. One of the writers of these, letters to the Governor, referred to above, differs with his Excellency (as he informed the Pub- lisher) in regard to the propriety of withholding communica- tions of such a public nature, and would have furnished the copy desired, had it be°n in his possession. We deem it but justice here to commend the independent, manlv. and praiseworthy conduct of the Garrard family, in Clay County, in desiring that justice and humanity should be VI INTRODUCTION- exercised towards an unfortunate lunatic. To the many em- inent Jurists, Physicians, Divines, and others, who endeavored by forcible arguments and representations made to the Exec- utive to induce him to interpose his constitutional power in behalf of the prisoner, all praise should be given. And, although all the combined efforts of distinguished men in this Commonwealth, and in two of the adjoining States, could have no influence with the Executive in relation to this case, yet it is some source of gratification to reflect that we have men that can feel for another's woes, and who were ac- tuated by a sense of justice and humanity to stay the execu- tion of the wreck of a man. It is true that there was but a bare possibility, if the Exec- utive had interposed his constitutional power and stayed the hand of the executioner, that the mind of the prisoner could have been restored. And, although his friends might have been disappointed in this hope, and he have remained a maniac during his natural life, of no benefit to himself, to his friends, or to the community, yet the question naturally arises, is it justice? is it humane? is it lawful? is it expedient? to inflict punishment upon a lunatic? MONOMANIA. It would perhaps be an useless consumption of time to give cases to show that an individual may be insane upon one or more subjects, and rational upon others. We can scarcely take up a work upon Insanity, without finding numerous cases given in proof of this es- tablished fact. We may read Esquirol, Prichard, Ray, Beck, Combe and a host of others, and find case after case of monomania given, where the reasoning faculties or powers of the mind upon every sub- ject, with the exception of the subject upon which the individual is deranged, are not only sound, but will exhibit more tact and shrewd- ness than men of ordinary minds. And it is also a well established fact, that the individual may be partially deranged, and this derange- ment unknown to his intimate friends and kindred for some length of time. Combe says—"Where, as in monomania, only one or two faculties are disordered, the rest remaining sound, the patient is at first conscious of the aberation of feeling or of thought which it pro- duces, and employs all his powers to suppress and conceal the sligh INTRODUCTION. Vtl est appearance of its existence. Frequently he accomplishes this so suc- cessfully, that he goes on for months unsuspected, except by very close observers, and then, under some casual excitement, losing command of himself, gives full and sudden vent to delusion in an act of mani- fest insanity. This often happens in monomania, and, as the act it- self may either be a mere explosion of folly, or harmless passion, or of unaccountable apprehension and hatred, or be a direct infraction of the laws of morality, such as the perpetration of murder without an external motive, it behooves us to be extremely on our guard against condemning as a crime, what is in truth a symptom of insanity; snd not to add the cruelty and ignominy of condemnation to the already severe visitation of .disease." "Frequently the crime is only the first palpable sign of existing insanity, and shews the necessity of scrupulous inquiry being institu- ted, when an unnatural act is committed by an individual who would previously have revolted at it. "From the same power of long suppressing the appearance of ab- erration in conduct and in conversation, arises the acknowledged greater difficulty of curing monomania than mania itself. The symptoms are so long concealed that the disease takes deep root be- fore it is discovered, andevenwhen it is found out, from the barbarous ous stigma attached to the name of insanity, there is often great diffi- culty in subjecting the patient to the necessary medical and moral treatment." [From Beck's Medical Jurisprudence.] Monomania.—Here the permanent delirium is confined to one ob- ject, or to a small number of them The sufferers are pursued day and night by the same ideas and affections, and they give themselves up to these with profound ardour and devotion. They often appear reasonable, when conversing on subjects beyond the sphere of their delirium, until some external impression suddenly rouses the diseased train. The character of this form of insanity is very various, and depends on the predominant species of delusion that is present." This description of lunatics "eat much, but sometimes they endure hunger with great obstinacy, they have frequent pains in the bowels, and costiveness is common. The pulse is full, hard and strong, and the skin warm." Probably this is a form of insanity as common as any other. The difficulty in detecting this disease is increased by the remark- able cunning and dissimulation of which some maniacs are capable. B* VI11 INTR0DU' TIO.\ , A few examples will illustrate this in a satisfactory manner: "A man by the name of Wood had indicted Dr. Monro, for keeping hi in as a prisoner, when he was sane. He underwent the most severe ex- amination by the defendant's counsel, without exposing his complaint, but Dr. Battie having came upon the bench by me, and having de- sired me to ask him what was become of the Princess, with whom he had corresponded in cherry juice, he showed in a moment what he was. He answered there was nothing at all in that, because, hav- ing been (as every body knew), imprisoned in a high tower, and being debarred the use of ink, he had no other means of correspondence, but by writing his letters in cherry juice, and throwing them into the river which surrounded the tower, when the Princess received them in a boat. There existed of course, no tower, no imprisonment, no writing in cherry juice, no river, no boat, but the whole was the in- veterate phantom of a morbid immagination. I immediately," con- tinued Lord Mansfield, "directed Dr. Munro to be acquitted, but this man Wood, being a merchant in Philpot lane, and having been car- ried through the city on his way to the madhouse, indicted Dr. Mun- ro over again, for the trespass and imprisonment in London, knowing that he had lost his cause by speaking of the Princess at Westmin- ster. And such," said Lord Mansfield, "is the extraordinary subtlety and cunning of madmen, that when he was cross examined on the trial in London, as he had successfully been before, in order to expose his madness, all the ingenuity of the bar, and all the authority of the Court, could not make him say a single word upon that topic which had put an end to the indictment before, although he had still the same indellible impression upon his mind, as he had signified to those who were near him: but conscious that the delusion had occasioned his defeat at Westminster, he obstinately persisted in holding it back. "This evidence at Westminster was then proved against him by the short'hand writer. Lord Eldon. since he has been Lord Chan- cellor, has mentioned from the bench, a case which occurred to him while at the bar, illustrative of the difficulty that occurs in such cases. After repeated conferences, and much conversation with a lunatic he was persuaded of the soundness of his understanding and prevailed on Lord Thurlow to supercede the commission. The lunatic, how- ever, immediately afterwards, calling on his counsel to thank him for his exertions, convinced him in five minutes, that the worst thing that he could have done for his client, was to get rid of the commis- sion." LIFE O F DR. ABNER BAKER, Dr. Abner Baker, the subject of this memoir, aged thirty-two years the 20th March, 1815, was the youngest son of Capt. A. Baker, (now of Lancaster, Kentucky,) by his first wife—his present wife, the sister of Gov. R. P. Letcher, having no children. Abner Baker, sen., the father of Dr. A. Baker, resided some twenty-five years in Clay county. And, during a great part of this period, the people of the county had the character of being lawless and immoral, and indulging in every species of vice that their imaginations could sug- gest. Capt. Baker, from his position in society, his occupation and business, had frequent occasion to give his counsel and advice in pre- venting scenes of strife and contention. And, as he was Clerk of both Courts, with the aid of some of his respectable neighbors, he was en. abled, in some degree, to establish law and order in that community. And he has often, in part for this purpose, invited and procured min- isters of the gospel of different denominations to visit that county, that the people might be admonished of their immoralities and disso lute habits. His house was the home and the resort of ministers of every denomination who visited the county. Capt. A. Baker, the fa- ther of Dr. A. Baker, had a large family—six sons and eight daugh- ters— all of them arrived at the age of maturity. The parents were pious, and felt the importance and duty of giving their children at an early age religious and moral instruction—the father observing the privilege and christian duty of attending and continuing regularly family worship a number of years before he made a public profession of religion. The parents of Dr. A. Baker were kind, affectionate, and exemplary in their conduct, and their children were dutiful, obe- dient and respectful. Few families have enjoyed more peace and harmony—none, perhaps, more kind and affectionate. The step- mother was so indulgent and remarkably affectionate, that none could discover that she was not the natural mother. No difficulties had ever occurred to mar this feeling. Many of their numerous friends and acquaintances have observed and often remarked that peaceful and kind disposition, which existed and continued between X LIFE OF DR. ABNER BAKER. die step.mother and children. All of the children of Capt. Baker were favored with the opportunities of receiving instruction, and their minds were reasonably improved. Four of his sons were graduates at medical institutions—three of them at Transylvania, and the young- est, (Abner.) at the Louisville Institute. Capt. A. Baker had been a practitioner of medicine also for a number of years in the county of Clay. His advice and medicine were always given without charge; and there are many persons now residing in that county, who were witnesses of his kind attentions and successful practice. At an early age Dr. A;.)aer Baker exhibited a kind and thoughtful disposition, and good intellect. He was affable in his manners, agree- able and familiar in his conversation, and a favorite among his youthful associates. Having attended the common schools of the country until fourteen or fifteen years of age, he at this period was received in East Ten- I'ssee College at Knoxville,—Dr. Charles Corfin being then Presi dent of that Institution. Of the precise time he remained in College we are not informed. When about eighteen or tweuty years of age, through the influence of a prominent friend, he obtained the appointment of Midshipman in the United States Navy. lie remained at sea some twelve months, and during this time, while in the service of the ship, the vessel land- ed in a foreign port. Several ladies expressed a wish to visit the ship : the First Lieutenant is appointed to wait on them, and when they are about to depart this officer transfers his charge to Midshipman Baker; who, in accompanying them to their place of destination, is met by the Commander. He demands of Baker the cause of his leaving his post. Baker replies that he was on this duty by the orders of the First Lieutenant. The Commander sternly orders him back to the vessel. Baker returns, his feelings being much mortified, and relates the harsh treafment to the officers on board. Several of them determine to tender their resignation to the Commander so soon as the vessel reaches the American shore. And when Baker's resignation, an ong others, is received, the Commander desires an interview with him, and express- es a wish to him to withdraw it—at the same time remarking to him, that he did not wish to be considered as attempting to flatter, but he considered it his duty and but justice to tell him honestly and can- didly, that if he would remain in the service he confidently believed that he would make a distinguished officer. Baker then told him that he had been brought up as a freeman, and valuing the rights that were guaranteed to every citizen of this republic, he could not con- sent to have his feelings mortified and disregarded, without expressing his dissatisfaction at such conduct: and then reminded him of his treatment when he was acting under the orders of the Lieutenant, in escorting the ladies to their place of destination. The Commander apologised for his conduct,—and finding Baker resolute in his inten- tion to withdraw from the service, gave him a letter to his father, in which he regretted his leaving, and expressed his opinion in the most decided manner of his son's capacity, disposition and willingness to LIFE OF DR. ABNER BAKER. XI acquire information, and that he confidently believed and hoped he would make a distinguished officer. After Abner Baker had returned from the Navy, he received the appointment of Clerk of the Clay County Court, at the November Term, 1834. He was also appointed Clerk of the Circuit Court, April Term, 1835—continuing to discharge the various duties of these offices faithfully and satisfactorily, until his resignation, in 1836. And, although changeable in his occupation, he always promptly and assiduously attended to every business within his sphere of duty. After his resignation as Clerk of the several Courts in Clay, he engages in the study of medicine—perhaps, without any design of practicing, but, probably, from the fact that medical works were al- ways within reach—his father and three of his brothers having been practitioners in this profession. Some twelve months or more afterwards, he engages in the mercan- tile business in Lancaster, Kentucky. In making his purchases, he selects goods of the highest price and of the best quality, displaying little judgment as to assortment, and which were unsuited for the market he designed them. In a few months his goods are boxed up and forwarded to Louis- ville, with the intention of taking them to some southern town.— When he arrives at Louisville—about the first of September—it is suggested to him that it was rather early in the season to go south, and he is advised to go to the State of Missouri, as the prospects also for business .were more favorable in that State. His goods are ship- ped on a boat bound for St. Louis. Remaining in that city for a day or two he directs his course to the south, and in a few days afterwards he rents a storehouse in Helena, Arkansas, and commences selling his goods at retail. In some eight or ten days, disposes of his whole stock to one individual. He then returns home and informs his friends of this circumstance. And being asked wbat security he had for the payment of his goods, he replied, that the individual was a perfect gentleman. He is then urged by his friends to secure this debt. He returns to Helena, and succeeded in getting a title to a tract of land in Arkansas—this being all the property his debtor now claim- ed. Dr. Baker, by this transaction, is now unable to meet the pay. ment of his own debts. Some of his friends, learning his situation and difficulties, advise him to take the benefit of the Bankrupt law. This he positively refused, alleging that the claims were just, and he intended to use every industry and observe the strictest economy un- til every obligation was fully discharged. He disposed of the land, paying the proceeds to his creditors, and surrendering all his effects to them. He again applies himself to the study, and, shortly afterwards to the practice of medicine, with a determined and perse- vering spirit to acquire the mean's to liquidate every obligation against him. After a few years of great industry and attention in persuing the profession of a physician, he was enabled, as an honest man, to adjust and pay, to the entire satisfaction of all his creditors, every claim against him. XII LIFE OF DR. ABNER BAKER. In the year 1838, Dr. Baker visited,Louisville, Ky., and attended the Lectures in the Medical Institute of that City. And at the close of his second sesssion, in the year 1839, received a diploma, ac- quitting himself with honor and credit. While Dr. Baker attended the Medical Lectures, he was distinguished for his excellence and for the acuteness of his intellect, which was improved by the emulation of his fellowstudents, united to an indefatigable and persevering zeal in acquiring knowledge and general information on his part, and having high and exalted notions of honor was never known to stoop to a mean or dishonorable act. Possessing these qualities and disposition, he soon gained the esteem and admiration of all his acquaintances, and being solicited to permit his name to be used as a candidate for the office of Vice President in the Medical Society; he was chosen by the decisive vote of his fellow-students as a reward to merit and favor. We have an opportunity of examining the re- cords of this Society, through the kindness of the present Secretary, and have observed the many important committees upon which Dr. A. Baker officiated. We noticed the letter of the committee ad- dressed to Mrs. Eberle, Feb. 12, 1838, widow of Dr. John Eberle, Professor of the Theory and Practice of Medicine in the Transylva- nia University in 1837. "The members of the Medical Society of Louisville, having heard with deep regret of the demise of Dr. John Eberle, &c, appointed Dr. A. Baker, with two others, to address a letter of 'condolence to the family of the deceased.' " At this period of his life, in 1838 and '39, Dr. A. Baker exhibited that predisposition to insanity, which eventually resulted in produc- ing the unfortunate death of his own brother-in-law, his patron and friend. His unnatural conduct and abrupt deportment while a stu- dent, were often remarked, and occasioned frequent conversations among his friends and acquaintances, as to the probable cause. While attending the Lectures, one of his fellow-students was stand- ing near him, in the Hall of the Louisville Medical Institute, and not aware of having committed any offence, is suddenly and abrupt- ly abused by him, and his life threatened if he attempts to look at his head again, (suspecting him for looking at a grey lock of hair in front of his head.) At this time he resided with the writer, and frequently at a late hour in the night would alarm the family by crying out that some persons were in the house. We would light a candle, and followed by Dr. Baker, who was armed with the tongs or shovel, would examine every apartment, even to the garret, and he would, after this, still insist that there were persons in the house, as he heard them whispering. After this, Dr. Baker engages in the practice of medicine in Knoxville, Tennessee, is highly spoken of as a successful and scientific practitioner, and is esteemed for his urban. ity of manners, with the exception of an occasional exhibition of his strange conduct and unnatural deportment. Shortly afterwards, he changes his location to Clay county, Ken- tucky. And is received by the citizens of that county with marked attention, and is universally respected by his acquaintances for his LIFE OF DR. ABNER BAKER. 111! kind and affable disposition, and is esteemed one of the most scien- tific and skillful physicians in the country. He had the talent not possessed by every successful practitioner of communicating and ex- plaining the nature and cause of the disease in the human system, in a lucid and forcible manner, and hence he was considered a man of strong mind, as will appear from the evidence upon the trial. He possesssed a capacious mind, well improved in the science of letters, medicine, and surgery, with the various branches connected with his profession. He was successful in his practice, popular in his profession, temperate in his habits, and, beloved as a man. He was generous, hospitable, firm, and high minded, incapable of a low or mean act. Whatever he did, or designed to do, was done manly and in the light of day. His prospects were fair and flattering. But unfortunately that predisposition to a deranged state of mind, discov- ered some five or six years previous, at this period is augmented and increased. This morbid derangement of the brain, changes his true character and disposition, and under its influence and state of mind he forms a matrimonial connection with Miss Susan White, daught- er of James White, of Clay county, Kentucky, without a charge against her chastity and virtue, except by Dr. A. Baker himself. By this marriage Dr. Baker forms a connection with a family whose associates, character, and disposition, are entirely different from his manner of life. His father, receivingintelligence of this matrimonial connection, is confirmed in the opinion already expressed to some of his children, and to Abner himself, that he is deranged. After Dr. Baker's acquittal by the Examining Court, while in Cuba,he had his daguerreotype likeness taken,purchased a fine crimson silk velvet cap with filigree tassals, and procured the making of several fine linen cambric shirts, (now in possession of his brothers) although well supplied with those of more suitable material, Irish linen and cotton. For subsequent events in the history of his life, the publisher refers the reader to an examination of this work. ERRATA. Pages 61 and 64 read "Moors." 62, 2d paragraph, 15th line, read "as to be able when,5 &c. "to perceive." Page 65, 2d paragraph, 5th line, read "flaccidity." " 66, 2d " 10th " " "suspension." « 67, 1st " last " " "prostration." « 72, 3d " 10th " " "punish." TRIAL OP DR. ABNER BAKER, FOR THE ALLEGED MURDER OF HIS BROTHER-IN-LAW, DAN'L BATES, BEFORE THE EXAMINING COURT. The evidence before the Court, including the following certifb cates and letters, were forwarded to Governor Owsley, Oct. 12th, 1844. some three months preceding the date of the Proclamation. The limits of this work will not permit the publication of this evi- dence. After the Court had decided upon the case, they expressed an opinion that it would be unsafe for Dr. Baker to go at large. His two brothers, Dr. Wm. J. Baker and Dr. Hervey Baker, agreed to take him, under their especial care and charge, to their residence in Knoxville, Tennessee, where they would place him under medical treatment; and at the same time expressing a hope that in due course of time his mind would be restored. We will merely observe here, that there were several witnesses examined in behalf of the prisoner before the Magistrates, whose evidence does not appear before the trial. One of them—Gen.Jdugh White, the grandfather of Dr. Baker's wife-^testifies, that when he heard of Dr. Baker's conduct towards his wife and Mr. Bates, after the first difficulty with Mr. Bates, he then pronounced him de- ranged. We should like to publish the whole of the evidence be- fore the examining Court, but as it would increase the size of this book beyond its contemplated limit, and perhaps weary the mind of the reader, we will refer him to a synopsis of the evidence in the fob lowing letters to the Governor. 2 TRIAL OF DR. ABNER BAKER. "We, the undersigned, Justices of the Peace for the comity of Clay and State of Kentucky, constituting the Court before whom Abner Baker, jr., was this day tried upon the charge of the murder of Daniel Bates, of the county aforesaid, after hearing the evidence' in the case, and being satisfied as to the law,.give it as our judgment that the prisoner is not guilty of the charge alleged, and that the said Abner Baker should be set at liberty. THEO. T. GARRARD, j. p. Sept. 24th', 1844. J. GILBERT, j. p." Mt. Vernon, Oct. 7, 1844. I state that I was one of the counsel employed on the defence of Dr. A. Baker, charged with killfng D. Bates, Esq. The accused was tried and fully discharged on Tuesday, 24th Sept. last, by Theophi- lus Garrard and J. Gilbert, Justices of Clay County, on the grounds of insanity. The investigation was full and fair, so far as I know or believe. There were many witnesses examined on the part of the prosecution and for the accused. There being no prosecuting coun- *el in attendance, the Justices interrogated the witnesses on the part of the Commonwealth, and did it too with considerable ability, and I have no doubt with fidelity to the Commonwealth. Good order was preserved and great patience exercised by the Court. There was nothing relied on in the defence but the fact of insanity, which was, I think, abundantly proven to exist at the time of the killing, and for some considerable period before, and existing and increasing up to the time of trial. I have, myself, no doubt of the insanity of the accused, nor do I suppose that any unprejudiced person, who heard the trial, can have any doubt on the subject. The Court con- sidered the accused inccpableof crime; but to guard against mischief when he was discharged, he was placed by the Court in the posses- sion of relatives, who promised to guard him home to Tennessee, and place him under mpdical treatment: and on the next day after the trial, the brothers of the accused, Drs. William and Hervey Baker, In company with others, left with the accused for Knoxville, Tenn. J. A. MOORE. Mt. Vernon, Oct. 7th, 1844. Dear Sir:—On the other half of this sheet, you have a short state- ment in relation to the trial of your son. I have not heard the in- vestigation assailed by the other party, and I do not suppose it will be done publicly; and imtil it is done, all that we need to show is a fair judicial investigation. If you wish the evidence, you had better have it copied from the records of the Court, certified by them. All I have heard from the other party since I saw you is, that they intend to prefer an indictment, and have Abner brought to trial in the Cir- cuit Court. This I heard from a gentleman from Richmond the oth- er day, who heard it spoken of there. If he is indicted, let us meet it. I fear not the result. Respectfully, J, a MOORE TRIAL OF DR. ABNER BAKER. 3 Walnut Flat, Oct. 8th, 1844. Dear Sir:—I was one of the counsel of Dr. Baker, in the pros- ecution against him for killing Daniel Bates, and at the request of the father of Dr. B., I have consented to communicate to you such an outline of the case as will enable you to understand its true char- acter, as well as that of the trial before the examining Court, which resulted in his acquittal. The intercourse I had with Dr. Baker, whilst attending his trial, satisfied me, beyond a doubt, that he was laboring under monomania as regarded his wife and Daniel Bates, and several other persons; and he was equally under the belief that Bates intended to kill him on sight, and went armed for that purpose; and the testimony was perfectly clear and satisfactory, that for some time before, and at the time Bates was shot, the insane delusion of Baker existed in as great a degree, and with all the developments so obvious at his trial. Ba- ker surrendered himself to a Justice of the Peace the morning after Bates was shot, claiming the protection of the law, and relying that what he had done was justifiable, and'he was kept under guard until his trial. It was proven that Bates himself, a few days before he was shot—in a conversation with other persons on the subject of a diffi- culty that had occurred between him and Baker, a short time before, at his (Bates') own house—stated that Baker was deranged. In short, I am of opinion that no impartial tribunal could have done otherwise than discharge Baker, from the evidence and all the cir- cumstances attending the case. In regard to the Court that tried Baker, no doubt can exist of its perfect impartiality, and there was no material circumstance belong- ing to the case that the Court did not examine into. In fact, I felt that the Court was disposed to go into extremes in their vigilance for the Commonwealth. We regretted very much that the gentlemen engaged on the side of the prosecution declined attending the trial. One of the members of the Court was of their selection, and we understood that no objec- tion was made to the other member before the Court was organized. The case was removed to the court house to accommodate the gentle- men, and every effort made use of to get them to attend, but they re- fused. We would have agreed upon other impartial Justices to try the case, but no other terms were offered save an unconditional sur- render of the prisoner to a designated officer, who we understood was opposed to the prisoner, and who was to select the Court to try him. These terms of course were inadmissable. The case was then ad. joumed to the Seminary, a commodious building in the neighbor- hood, more convenient for the parties and witnesses, where the trial took place the next day, and the gentlemen of the opposition were invited to attend, if not as prosecutors as spectators, but they de- clined. It was not pretended by any person, to my knowledge, tha ■either member of the Court had expressed any opinion of the case and I feel assured that no opinion was expressed by either of them tmtil it" was. expressed upon the evidence of the case. And if the 4 trial of dr. abner baker. decision is not satisfactory to the great body of that community, I am greatly deceived. A note was made at the trial, of the leading facts proven on the part of the Commonwealth, which I suppose will be laid before you, and if I mistake not those facts very fully shadow forth Baker s in- sane delusion; and when the evidence on the part of the defence was examined, there were no grounds for reasonable doubt in the case. The record will show you that the process regularly issued, was executed and returned before the Court that tried the case, and m all respects, in my opinion, the trial and acquittal was fair, full, and legal. Respectfully, your ob't serv't, J- KINCAID. OWE TMOUSAIVB BOJLL.ARS KEWARB. $150 REWARD. a proclamation by the governor of Kentucky. Whereas, information has been communicated to me, that Dan- iel Bates, of Clay county, in this State, was murdered on the 13th September, 1844, by one ABNER BAKER, and that said Baker has fled from justice, and is nowT running at large: Therefore, by virtue of the power in me vested, as Governor of Kentucky, I hereby offer a reward of ONE HUNDRED AND FIFTY DOLLARS for the arrest of the said Abner Baker, and the delivery of his body to the jailer of Clay county. --iT-'^ViTN ^N testimony Avhereof, I have hereunto set my hand, £''^^tt and caused the seal of the Commonwealth to be /#:;>L. o.<|\ affixed, at Frankfort, January 26th, 1845. *&^@ WILLIAM OWSLEY. By the Governor. Ben. Hardin, Secretary of State. DESCRIPTION. ABNER BAKER is, by profession, a Doctor, about 30 years of age, 5 feet 9 inches high, straight and slender, and weighs- about 130 pounds; fair hair, blue eyes, and has a gold plug in one of his upper foreteeth, with a grey spot on the front part of his head, which may possibly be dyed. $850 REWARD. Upon the production of the receipt of the jailer of Clay county, Kentucky, for the delivery of the above named Abner Baker into his custody, we will give, in addition to the above reward, the sum ol EIGHT HUNDRED AND FIFTY DOLLARS, DAVID V. WALKER, }ExrsofDan'l February 4,1845. GEORGE STIVERS, ] Bates, deceased G3-N. Y. Courier and Enquirer, Charleston Mercury, and N. 0. Picayune, will insert to amount of $2 50 each, and send account?, to this office. > trial of dr. abner baker. 0 In consequence of the foregoing Proclamation, as father of the unfortunate young man denounced as a murderer and fugitive from justice, I feel that it is my duty to publish the following facts, for the purpose of rescuing from unmerited peril and reproach, my absent and persecuted son. * 1st. It has been judicially decided that my said son, Dr. A. Ba. ker, jr., was not the murderer of D. Bates: for, though he may have killed him, yet he was fully and fairly tried by an examining Court, and was acquitted and discharged upon abundant proof of his insan- ity of mind at the time of the homicide. 2d Dr. A. Baker, jr., is not a '•fugitive'' from justice; for after his judicial discharge as above, two of his brothers, physicians of Knoxville, Tenn., took him publicly to their residence, with the hope of restoring the health of his mind and body, both greatly im- paired. And after he had been under their prescribed regimen and tutelar care for more than two months they being of opinion that his mind was so far improved as to enable him to travel, and that a tem- porary residence in a more mild and genial clime, might ensure the cure of the physical maladies with which he was deeply afilicted, he left the United States under their professional counsel, but with the determination of returning home in the event of a satisfactory resto- ration to a sound state of body and of mind. Where ray doomed son now is, I know not—but I anxiously hope for his return, and confidently expect it, as soon as a permanent restoration of health will allow, without any fear or apprehension of the result. The record of his acquittal was deposited with the Gov- ernor more than a month before the date of his proclamation. A. BAKER, Sr. February 11, 1845. [CrN. Y. Courier and Enquirer, Charleston Mercury, and N. 0. Picayune will insert to amount of $2, and charge accounts to this office. Send a copy containing advertisement to this office. • Shortly after the publication of the proclamation, the father and brothers of Dr. A. Baker, unwilling that he should be stigmatized as a fugitive from justice, and being confident that he would be honora- bly acquitted before any enlightened and unprejudiced tribunal, have him brought back for further trial. The father, knowing the strong prejudices and calumnies that have been circulated against his son in Clay county, intended to make ap- plication to the Legislature for a change of venue. But the brothers, not aware of the extent of this excitement in Clay, and having no apprehension or fear of a trial, bring him back and surrender him to the proper authorities in that county, without the knowledge or con- sent of the parent. A special term of Court was ordered on the 7th of July, 1845, by Judge Quarles. THE TRIAL 0 F ABNER BAKER, M. D, FOR KILLING DANIEL BATES, IN CLAY COUNTY, IN SEPTEMBER, 1844, On Monday, the 7th day of July, according to previous appoint- ment, the Hon Tunstet, Quarles, Judge of the 15th Judicial Dis- trict, opened Court, in the Court-house at Manchester, Clay county, Kentucky, for the trial of Dr. Abner Baker, on the following in- dictment: [For the indictment, see Appendix.] The accused was brought to the bar in custody, &c, and plead "Not Guilty," and the attorney for the Commonwealth joined issue. The Commonwealth was represented by William H. Moore, Pros- ecuting Attorney; Col. W. H. Caperton, Silas Woodson, and---- Caldwell. The accused by Hon. George Robertson, John Kincaid, John Moore, William Garrard, James-Hays, and----Einsworth. A venire facias having issued to the Sheriff of Clay county, he returned a parol to the Court; and, thereupon, the counsel for the accused moved the Court to set aside the whole panel of the Jury, upon the ground that George Stivers, Deputy for Alexander White, Sheriff of Clay county, had summoned the whole panel, and that he was one of the executors of Daniel Bates, dec'd, and had joined in offering a reward for the accused—which motion the Court sustained. ■ And thereupon, Anderson B. Clark and Job Allen were chosen Elissors, and appointed and directed to return a panel by the next morning, 9 o'clock. Tuesday Morning, 8th July, 1845. Court met according to adjournment. The Elissors returned a panel of twenty-four names, out of which nine Jurors were chosen, and Court adjourned. TRIAL OF DR. ABNER BAKER. Wednesday Morning, July 9th. Court met, and the names of several persons were returned by the Elissors, out of whom two Jurors were chosen, and others directed to be summoned, and Court adjourned. Thursday Morning, July 10th. Court met, and the names of several persons returned, from among whom a Juror avhs chosen. The names (..«,' the Jurors were as follows:— Wm. Graham, Thom- as Cook, Adinarian Baher, Wm. II. Allen, Wm. B. Allen, Brisin Bishop, Zadoc Ponder, Julius Robertson, Abraham Carter, Lamona Halcum, Win. Bishop, and Henry Henley. The witnesses in behalf of the Commonwealth were then called into Court. John Gibson was called to the stand, sworn, and stated—That he was riding along with his sister, near Daniel Bates' furnace. Saw Dr. Abner Baker draw a pistol and fire. That at the time the pis- iol fired, witness did not see Bates. Witness was 50 or GO yards from the furnace. That he did not think it was Baker before he shot, but thought it was Baker when he shot. That it happened in Clny county, at Air. Bates' saltworks. That he heard but one report of a gun That Baker rode up to the furnace, got off his horse, made a few steps on the side of the furnace and fired. He then walked back toward his horse. His horse started, ran off. and Ba- ker started after him walking. That witness did not see Bates until after he was shot. He was shot in the side rather back. Does not recollect which side of the backbone. When Bates was shot, the cooper shop was between witness and Bates, and intercepted his view. Witness saw a chair sitting on the side of the furnace, where he supposed Bates sat. Bates did not bleed. A negro was lifting him when witness reached the spot, and had him very nearly straight Bates said that he thought Baker had done it. Baker shot wiih a pistol. When Baker fired, the point of the pistol was in :he direc- tion of where witness found Hates. Baker's horse left him. He did not see L'aker after he got around the furnace, and does not know where he went. Witness was with Bates once or twice on the ni°~ht after he was shot, and supposes he died of the wound. Cross-examined. States that Mr. Bates had a pistol in his pocltet when he was taken to the house. Joseph Coleman sworn and examined, states—That he met Dr. Abner Baker in the road about 50 or 60 yards above Bates' furnace, a few moments before Bates was killed. Baker asked witness i'f Bates was at the furnace. He told him he was. He asked if any person was with him. Witness told him no, only a few negroes. Baker asked if Bates had his gun. Witness told him no. Witness stopped immediately after he met Baker, and heard the report of the pistol. Saw Baker go over toward Horse creek. He did not run. He walked toward his horse. Did not see Baker shoot, and did not see his pistol. Witness saw Bates after he was shot, and heard him say that he knew Baker had shot him. Bates also said that he did not TRIAL OF DR. ABNER BAKER. 9 see Baker until after he was shot. Witness states that Bates was sit- ting with his back to Baker when he was shot. That Bates was shot on the left side of the backbone. Supposes ttha't it was 15 or 16 steps from where Baker stood to where Bates sat when he was shot. Cross Examination declined by defendant's counsel. James White sworn, states—That he saw Daniel Bates after he was shot. That he was shot on the left side, rather back. Saw that Bates was dying. That he conversed with him, and Bates was con- scious of his approaching dissolution. Told witness that Dr. Bake:' shot him, and that he did it without provocation on his part. Bates did not tell witness that he saw Baker after he was shot. That Bates was"shot on the 13th Sept., 1844, and died on the morning of the 14th. v Cross Examined, states—That Bates as a dying declaration said, that the charges that Dr. Baker had made against him and Mrs. Dr. Baker, were false and unfounded, and protested in the most solemn manner that he and Mrs. Baker were innocent. Witness is the fa- ther of the wife of Dr. Baker. Dr. Baker has charged his wife with unchastity, &c., and communicated those charges to witness. The circumstances represented by Baker to be facts, were intrinsically incredible; and witness expressed himself to Baker that he was eith- er deranged, or one of the greatest scoundrels in the world. Witness did, when first advised by Baker of his charges against his wife, tell Baker that he was deranged. Mrs. Baker was eight years old when she went to Richmond to go to school. She remained there some three or four years. Dr. Baker and witness' daughter had been mar- ried about three months before they separated. When Baker shot Bates, he (Baker) did not go to the house of witness, he went to Hugh L. White's, and staid part of the night. Hugh L. White's residency* is about a half a mile distant from where Bates was killed. '■?' ■ Commonwealth resumed.—States,, that after Baker returned from a visit to his friends at Lancaster, witness thinks it was about the Is/ of August, he called at the house of Daniel Bates, where Baker and his wife were, for the purpose of seeing his daughter. That Baker called witness up stairs to him. They being then alone, Baker ap. peared very much confused. Witness asked him what was the mat- ter. He replied a great deal was the matter, and went on to tell him that his wife had violated his bed, was unchaste, and had been so to a great extent, and showed a certificate or certificates signed and written by Susan. (Baker's wife,) acknowledging her guilt. Baker then proposed to witness that if he would furnish him with money he would leave the country with Susan, and go to Missouri, or some new country, and try and live with her. Several sums were pro- posed by him. Witness recollects that $1000 was proposed. Ba- ker went out of the room, and witness sent for Susan. He asked her about the certificates, and how it was that she gave them. She said she was obliged to give them. Baker returned to the room, and witness told him that if he believed his daughter was the woman he 10 TRIAL OF DR. ABNER BAKER. represented her to be, that he could not live with her alone upon an island. Baker said if he would furnish money, (he proposed sev- eral sums,) that he would go with Susan to Missouri. He abused Daniel Bates to witness all that day. He said that Bates was the blackest hearted man that ever lived; that he was a great rascal &c. Witness does not recollect how long Baker lived in Cay; he how- ever lived here for some time. Witness considered Baker a man ot sound mind, or he would not have let him-marry his daughter. Thinks Baker was sane up to the time of shooting Bates. Witness was familiar with Baker, and thinks he would have noticed any de- rangement. Baker was a physician, and was practising medicine through the country. Miss (ubson called and sworn, states—That she was, in company with her brother, near Daniel Bates' furnace. That she saw Dr. Baker shoot with a pistol. She saw the pistol in Baker's hand when it fired. She did not see Bates. Baker's horse got away from him, and he ran after the horse. James White called and cross examined by defendant's counsel, states—That when witness was at Bates' on the occasion referred to by him when first called, Baker told him that his (Baker's wife,) had had intercourse with Sam'l Chastine, Daniel Bates, Mat. Adams, Dougherty White, Frank White, and the Rev. Mr. Brown, of Rich- mond. Mat. Adams married an aunt of Baker's wife. Dougherty and Franklin White are her uncles. That the wife of Baker was in the fourteenth year of her age when she left Richmond. Baker sta- ted that she had commenced her intercourse with men when she was very young. That she was seduced by Brown, &c. Stated that Bates had come to his bed at night and lay with his wife. Witness would not think Baker was deranged, if he believed in monomania. States that previous to the marriage of Baker with witness' daughter, Baker was in the habit of seeing his daughter at neighbors' houses— that is, when he heard of her being at other places than the house of witness, he would go to see her. That Baker never came to house of witness to see Susan. That witness saw Baker and his daughter at Frank White's, upon one occasion. That he, in Baker's presence, told his daughter that he did not permit her to keep Baker's compa- ny, and that she must leave and go home. That witness told Baker the reason why he had so instructed his daughter was on account of his conduct towards her. That she was young and inexperienced; and that witness was not satisfied of the honorable and gentlemanly intentions of him, (Baker.) The parties separated, and Baker a few days afterwards went to Lancaster. That Baker shortly afterwards returned to Clay, and wrote a letter to witness asking for his daugh- ter in marriage. Baker afterwards stated to witness that Daniel Bates at first was in favor of the match between him and Susan, but from some cause had become violently against it. That Bates had misrepresented him to witness; that he had slandered him and at- tempted to throw every obstacle in the way of his marriage: that he was a black hearted man. After Baker married, he and his wife TRIAL of dr. abner baker. 11 lived at Daniel Bates' house until they separated. Witness advised Baker to leave there. Cross Examined by'Defendant's counsel, states-—That when Ba- ker told witness that Daniel Bates came to his bed, that he got in the bed. Baker did not speak to witness of the age of his wife when she first commenced illicit intercourse with Mr. Brown, but showed a little Avriting, signed by her, which did. Witness has heard Baker threaten to kill Bates. He threatened it on the day he told him about the conduct of his wife, and on the next day—this was be- tween three and seven weeks before he did kill him. Josiah Davis sworn, states—That he was with Daniel Bates before he died, and heard his dying declarations. Bates considered the wound mortal from the time he was shot. Bates was lying in the entry of the house near his furnace. He said that he was killed— that Dr. Baker had done it. Witness examined the wound. Bates said he was certainly killed. Witness replied he hoped not. Bates asked the size of the wound, which witness described to him as small. He complained very much of his bowels, and was in great agony. Retained his senses until he died. Bates said that he had not done any thing to Baker to cause him to kill him. He said he was sitting with his back to the road when he was shot, that he looked over his shoulder and saw Baker going from him after he was shot. Witness never heard Baker directly threaten to kill Bates, but heard him say that Bates was a black hearted rascal, and that he ought to kill him, but that he would do it publicly. This declaration of Baker's was before his marriage. Baker told witness about his intended marriage, and showed him a letter to James White explaining his intentions. He, (Baker) said he would marry Susan White, but that they would not live together Jong. Witness always thought Baker was a man of strong capacity. Considers his mind sound and strong. He was an active and efficient physician in this county, and was the family physician of Daniel Bates. James White is considered as wealthy as any person in this county. Witness never heard Dr. Baker say that Bates had never given him as much as he expected. Bates was remarkably kind to Baker. Cross Examined.—Baker stated to witness that several persons had combined to break off the match between himself and Susan White. Daniel Bates was one. Walker and others. Bates said in the pres- ence of witness, after he was shot, that Baker was jealous of him, but that there was no foundation for it. He said he never had given Baker any cause whatever for shooting him. Bates spoke to witness of Baker's jealousy before he was shot, and of the first difficulty be- tween him and Baker. Baker frequently told witness (before his marriage) that Bates'" negroes were prepared to kill him, (Baker.) He stated that Bates did not treat his sister (Bates' wife) well. That Bates would go into the room where Mrs. Bates was, after every body had gone to bed; and would wave his bowie knife over her-head; and that he (Baker) stayed there to protect his sister. He also said 12 TRIAL OF DR. ABNER BAKER. that he believed that Bates would have killed Mrs. Bates, but his heart failed him. Resumed by Commonwealth's counsel.—Witness heard 1'ates say that the cause of Baker's shooting him was, that he did not get his (Bates') funds quite fast enough; that Baker wanted them faster than he was willing to give them to him. Cross Examined.—After the first difficulty between Bates and Ba. ker, the former said to witness, that he did not think that Baker be- lieved the tales he told. Witness lived about Bates', and it seemed that all was peace and quietness, and that Bates and his wife lived in harmony. Mr. Potter sworn, states—That he was with Daniel Bates after he was shot. That Bates thought the wound was mortal. Bates said, "Potter, Ab. Baker has killed me, and I want him prosecuted." That he was innocent of the charges Baker made against him. Wit- ness was not present when Bates died. Cross Examined, states—That upon one occasion, Baker called upon witness for a horse for Miss Bhoda Murphy to ride up to Bates'. Baker said hf thought Bates was going deranged. That he had heard from his sister that Bates and his negroes were going to kill him that night. Said he intended to get weapons, and had got wea- pons from Theophilus Garrard to defend himself. He seemed anx- ious that Rhoda Murphy should go to Bates'. Baker appeared very fond of his wife, and witness thought Baker neglected his business on account of his wife, and witness told Baker he would give him a short time to get sober, and then he must go to business. Witness does not know that he saw any thing strange in Baker's conduct in com- pany. Resrimed by Commonwealth.—Witness has never discovered any particular change in Baker. He is the same Ab. Baker. Thinks that he is as good a physician as any. Cross Examined.—Witness knows nothing about monomania. Mr. Miller sworn, states—That he saw Mr. Bates before he died. He seemed confident that he would die. He was in great misery; spoke occasionally, and died a little before day. He said he had to die without a cause. Witness considers Dr. Baker a man of °-ood mind, and after his first impressions were removed thought he was a good physician. Cross Examined.—Witness heard Baker say, previous to the shooting, that there was a combination by Bates and his negroes to kill him. Spoke of the fears he entertained for his life, and of some displeasure being in Bates' family. Ambrose JarVis sworn, states—That he heard of the killing, and in the morning after Bates was shot, he went down to Mr Bates" He there learned that Baker was at Hugh White's. He went over to White s and found a crowd there. Baker requested to talk with David Walker. Walker refused to talk with him. and Baker said he did not care ad—d. Witness was one of the guard appointed over Baker and heard Baker say that if he got justice, he would not TRIAL Of DR. ABNER BAKER. 13 be hurt for it. Baker also said that he got bewildered or bothered. and came down the hill near the house in which Bates was, that he heard Bates groan, and heard persons talking in the house. He heard Baker say to David Walker, (after Walker had said to him, that he had murdered his uncle,) that he ought to have killed him some time before. Baker got on a horse behind Mr. Garrard, and rode off. Baker did not tell witness, that when he came back to the house in which Bates was, that he stayed there until Bates died; Baker said he got bothered after he shot Bates. Cross Examined.—Witness understood Baker to say that he aimed to go to James White's, and got bothered and fell in at Hugh White's; does not recollect that Baker fixed any time when he ought to have killed Bates, when talking to David Walker. Mr. Payne sworn, states that he saw Dr. Abner Baker on the road from this place to Knoxville, after the first difficulty between Bate.* and himself; that Baker came to his house in the afternoon, and wanted his horse shod; witness discovered he was in distress. He told witness that he and Bates had a difficulty. That he fled lo Gar- rards, because he thought Bates and his negroes would kill him. That he was going away to avoid further difficulties. That he was going to Knoxville. He purchased a circingle from witness, at fifty cents. During his conversation with witness, he said that Bates was a rascal, &c. AVitness thought Baker was in great distress. Baker said to wit- ness, that he had left the damned rascal without injuring him, but he hoped he had left friends behind him, who would avenge his cause. He further said that Bates kept a band of lawless men and negroes about him. That he had left all his business behind, to avoid a diffi- culty. Benjamin Eve, sworn—slates that Dr. Baker came to his house in Barboursville, on the morning of the day that Bates was killed, on his way to Clay county. That he arrived at his house about break. fast time. That he called for a room in which to dress himself. That he called for breakfast, told the boy who took his horse not to feed him immediately, but in a short time give him oats. After eating his breakfast, called for his horse alter first saying and desiring his horse to have corn. He enquired of witness what had been said about his leaving Clay. Remarked that Bates was a d—d hollow hearted sou of a bitch. Witness told Baker that Bates had sold a negro boy called Harry Love. Baker replied that he was glad of it. That Bates might have hired him to kill him (Baker). Witness observed nothing unusual in Dr. Baker when he stopped at his house. He had on a box-coat. Witness looked at him a moment or two when he rode Up to his house, before he recognized him. Cross Examined.—Baker ordered corn for his horse, and went off in about five minutes afterwards. He was much reduced. Baker ex- pressed gratification when witness told him that Bates had sold Henry Love, and said that Bates might have got the slave Henry to kill him. Mrs. Amelia White sworn, states—That Dr. Baker stopped at her house on his way to Manchester, and said that if he had not come 2 14 trial of dr. abner baker. back to clear up the old scrape, that Bates would have crowed over him for ten years. Witness remarked that Botes would not live that long, and Baker replied—no, not one—that Bates had threatened to kill him, Baker. Mr. Payne was called by the Counsel for Defendant, states— That Baker called at his house, as detailed by him in his testimony be- fore given, and he was very much distressed, as much so, apparently, as any man he ever saw, and witness wanted him to stay Avith him, that he might paliate his distress. Baker appeared very restless. Examined by Commonwealth's Counsel, states—That Bates and witness were unfriendly, but does not know that Baker knew it. Mr. Farris, called by Commonwealth, being sworn, states—That he saw Baker on his return from Knoxville, on the day Bates was killed. Witness rode with Baker from White's to Chasteen's fur- nace—distance about two miles. Baker asked witness if be iiad heard anything said in relation to him, or about him and his difficul- ties. Witness replied that he had only heard rumors in the country. Asked if witness had seen Bates. He told Baker he had. He asked witness if he had seen Bates with a gun. He replied that he had.— Asked if he had heard any threats from Bates against him. Told him that he had heard none. He requested witness to see his wife, \ and tell her to come to Miller's the next day. He asked witness to loan him a gun, and said he wanted to be on equal terms with Bates. Witness advised Baker not to go to Manchester until night. He re- plied that he came to settle his business and intended to do so or die. That he would not sneak about the country. When Baker com- menced talking about Bates, he looked scared. Supposes he looked like any other man excited. Cross Examined by Defendant.—Believes that Baker told him, that he (Baker), had heard that Bates had made some threats. Wit- ness saw Bates with his gun at Bates' stable, as witness went from the election. Recollects of telling Baker that if he was in his place, he would not go to Manchester till night. Baker said that Bates was fiequently about his (Bates') stable with his gun, and that he, Baker, wanted a gun to be upon equal terms with him. Renjamin Ohler sworn, state*—That he saw Dr. Baker in Bar- boursville, on his return from Knoxville, on the morning of the dav Bates was killed. That he would net have known Baker, if Judge Ballenger had not spoken to Baker and called his name. Baker said he was going to Clay. Witness did not discover anything wrons in him. Cross Examined.—Witness thinks it is probable he had seen Ba- ker before, but if he had met him in the road he probably would not have known him. That if he ever saw Baker before, he does not know it. Mr. C. Watkins sworn, states—That Baker stayed at his house the night before witness understood that Bates was killed. That he came there about sun-down. Witness was not at the house when Baker arrived. When witness got to the house he found Baker's trial of dr. abner baker. 15 horse unhitched. Hitched his horse. Thought he knew Baker. Asked his name. He told his name to witness. Said thst his horse was lame, and could not get farther that night, and wished to stay all night. Before going to bed, Baker talked about Squire Bates. Said that Bates was a black hearted man, &c. That he, Baker, was going to Clay county to settle his business. When he was going to bed, he handed witness his watch to hang up, and told him be wished to make an early start. Baker was very restless during the night, and was awake when witness got up. He called for his horse a little after light. He forgot his watch, and so had witness, but witness thought of it, and after handing his watch to him, witness said, "Dr., you had better not go to Clay, somebody will kill you." He said they were too big cowards, except Bates, and that he, (Bates,) would only slip up on a man and kill him. Witness never saw him be- fore. He seemed to be a very restless man. Judge Frank Ballenger sworn, states—That he saw Dr. Baker on his horse, riding from Eve's tavern, in Barboursville, towards a store at which witness was. He stepped out on the street and shook hands with him. Told Baker he was riding a fine horse. He said yes, but that he had lamed him coming over the mountains. Told witness, upon enquiry, that he Avas going to Clay. Nothing was said about the political canvass in Tennessee. Witness knew Baker for twenty years. Was on intimate terms A-vith Daniel Bates and family and Dr. Baker. Perceived no difference in Dr. Baker's mind, and never heard anything said about his mind in the family. The De- fendant did not cross examine. Mr. R. M. Cobb SAVorn, states—That Dr. Baker stopped at his house on the day that Bates Avas killed. Witness understood from Baker that he was from Knoxville. Baker told Avitness that he wish- ed to talk privately with him. They went to a lumber house in his yard. Baker asked witness what was going on in and about Man- chester, and what was said about his leaving. Witness thinks he said to Baker, that he never had heard any of the parties say any thing about it; and as Avell as witness recollects, Baker seemed to Avant to know if any one wanted to kill him. Witness told Baker that a neighbor woman had told his (witness's) wife, that Bates had said, that if he (Baker) ever came doAvn, he would kill him. Baker told Avitness a long tale in relation to his wife and Mr. Bates. He said that James White had come to Frank White's, and took Susan off, when he Avas courting her. He told witness that Daniel Bates said to him, (Baker,) when he (Baker) Avas trying to get his wife, that he, (Bates), was in favor of it, and that he Avould help to get her off. That since, Bates had become opposed to the match, but that he (Ba- ker), got matters arranged and married her. That his wife had treat. ed him badly, and that Bates and his wife had treated him badly. That Bates had come into the room where he and his wife were, arid trod on her foot for a sign, &c. That some man in Lancaster came into the room Avhere he and his wife Avere, to have intercourse with her. That he had fixed to kill the man, but never saw him go aAvay. 16 TRIAL OF DR. ABNER BAKER. Witness asked Baker how the man got away. Baker replied that he slipped down by the AvindoAv, as he supposed, and crawled away. Witness interrogated him a little, and when they got through the con- versation, Baker said he Avanted to shoot off his pistols. Witness Avent with him, and he shot off a pistol which shot five times, and two others. Witness thinks he re-loaded all of them. He asked witness for a rifle gun. Witness told him that he had none. Wit- ness was alarmed at his coming to Manchester. Baker said he in- tended to settle his business Witness advised him to Avait until night. Baker seemed to think that if he could get to Manchester, he would be safe; and that if it was known that he was on the road, he might be Avaylaid and killed. He seemed to think that Bates would not kill him, but Avould have him Avaylaid and killed. He said that the reason Bates had sold Henry Love, Avas, that the negro Avould not agree to kill him. (Baker). Baker left the house of Avitness about one o'clock. Witness did not think about his being deranged. Has been intimate with him. Cross Examined by Defendant's Counsel.—Witness thought it somewhat singular that a man should think, that another man Avould come into the room Avhere he and his wife were for the purpose of illicit intercourse; and also thought it singular, that Bates should act as Baker said he had, and would not suppose that a reasonable man Avould entertain such notions. Baker seemed to be in earnest Avhen detailing his wrongs, and was very restless and uneasy. Wit- ness was also uneasy at seeing Baker going down to Manchester, and thought that death might ensue one way or other. Baker was appre- hensive of being assassinated, and he seemed very earnest in what he said. Witness thought his Lancaster tale unreasonable, and thinks, if Baker had tried to deceive witness, he could have told a more plau- sible tale. Dr. Baker is a temperate man, and always has been. Samuel Rlack sworn, states—That he was at Mr. R. M. Cobb's Avhen Dr. Baker took his dinner there, and heard very little conver- sation from him. Witness heard Mr. Cobb inquire of Baker in rela- tion to the Avhig meeting at Cumberland Gap. He spoke sensibly upon the subjects he conversed about. Perceived nothing wrong about his intellect. Appeared as smart as common. Heard him make no threats. Not cross examined by defendant's counsel. Mrs. Ambrose Cobb sworn, aud states—That she saAV Dr. Baker the evening Bates Avas murdered. He stopped at her house and in- quired of a servant girl if there was a gun there ; and after ascertain- ing from the girl that there was, he jumped off his horse, and came in haste to get the gun. He got the gun into his hands, and said he Avanted it a few moments, Witness told him he should not have it, and took hold upon the gun. Baker let it go, and witness placed it back in the rack. Cross Examined.—Witness lives beloAv R. M. Cobb's. Witness told Baker that the gun did not belong to her husband; that it be- longed to a Mr. Brogans. Baker asked where he was, and witness TRIAL OF DR. ABNER BAKER. 17 told him that Mr. Brogans was at the furnace. Baker said he had not time to wait for his return, and offered witness ten dollars for the gun three hours. Rhoda Cox sworn, states—That she lives four miles below Am. brose Cobb's, on the creek. That on the day Bates was killed. Dr. Baker passed her father's and rode up to the fence where she and her father were at work. Her father asked Baker if he Avas going to James Whites'. Baker replied that he was going to town, and said, that he had heard that Bates had threatened his iife. Her father said he reckoned not. Baker said that Bates was a black hearted man; and that if Bates did not kill him that night he never Avould. Father asked Baker about his brothers, and where they Avere. And Baker said they were in gun-shot of him. DEFENDANT'S WITNESSES. John Morris sworn, states—That he saw Dr. Baker about one mile beloAv Cobb's on the day Bates was shot. That he [witness] Avas building a bridge above John Cane's furnace. Witness was in camp. Baker rode up and spoke. Baker told witness that he Avished to speak to him, and rode doAvn the road about thirty steps. They there sat down upon some beech roots, and Baker said, " John Mor- ris, I Avant to ask the truth of you, and I want you to give it to me." I told him I would. He then asked Avitness Avhat had been said in his absence by James White and others. Witness told him that he had not heard James White speak harshly of him. That Col. Hib- bard told witness that he [Baker] had intimated to Bates, that he ought to kill witness. Bates said he could not kill John Morris, hut sa;d, '■ Baker, you can have him killed." Baker said to Avitness that no such conversation had passed between himself and Bates; bat told witness that he heard Bates say, that he and others Avere d-n- ed rogues and rascals. About this time Alexander White came up. The usual salutations passed, &c, and he rode on. Witness advised Baker not to come down the creek to Manchester, but to taka another route to town, which witness described. Baker said he had business, and Avould go to town and attend to it. Witness told Baker that Mr. Hibbard had said to him, that he saAv Bates with his gun, and that Hibbard asked Bates if he was carrying his gun again. That Bates replied, that he understood that Baker had said he Avould kill him; and that he Avanted to be prepared to kill Baker as soon as Baker could kill him. Witness does not know that, at the time of the conversation Avith Baker, he had an opinion about his mind. Thinks he discovered something in his eye that Avas unnatural. Witness went up to Cobb's that evening, and asked the crowd what they thought of Dr. Baker. Does not recollect of his expressing himself that Baker was deranged. Dr. Baker occasion- ally took a dram, but was very moderate. Never knew him to be disguised by liquor. 2* 18 TRIAL OF DR. ABNER BAKER. Cross Examined by Commonwealth''s Attorney.—Witness savr nothing that shewed anything unnatural during the conversation had with Baker. There is a difference in the appearance of a man's eye when excited and Avhen not. Resumed by Defendant.—Baker had a very peculiar, Avild, glaring look. The only change Avitness saAv in him Avas in his eyes. Mrs. Sally Baker sworn, states —That Abner Baker was a small boy when she married the father of Abner. That witness dis- covered in the last two or three months before his maniage a great change in him. The change Avas the subject of private conversation in the family. Witness first discovered the change in the spring, 18—. Abner Baker was very notionate. At one time he determined with witness and her husband to go to Knoxville. This was in April, 1844 And started on the same day, and had his trunk started. He changed his purpose in a very short time, and Avent back to Clay. He Avas at his father's in April,, and again in June or July. The last time he brought his Avife. When he came with his wife, he re- mained in his room the greater part af the time, and seemed indis- posed to see company. And his conduct and conversation was sin- gularly strange, and she believed him deranged. Cross Examined by Commonwealth's Attorney.—He visited seve- ral of his friends, and witness never apprised them of his strange conduct, or her belief of his derangement. She first discovered that something was the matter in the spring of 1844. Defendant's.—It would have been impossible for a lady about the house 6i witness to have had an abortion Avithout the knowledge of Avitness. And she believes no such thing occurred Avith Mrs. Abner Baker while there. [She also stated, that, during that visit, Abner manifes ed a belief that she and the girls kept a disorderly house, and received young men late at night.*] Mrs. Elizabeth B. McKee sworn, states—That Abner Baker and his wife Avere in Lancaster on a visit in July, 1844. That she invited him, his wife and sisters to take tea with her. That she noticed when her son [Boh McKee] came in to supper, a change came over Baker, After supper his conduct was unusual and very strange, and his look wild. He paced the floor backwards and forwards—cursed and swore—Avished himself in hell. Witness told Baker he ought to be ashamed of himself. Baker whispered something to his wife, and she shed tears. Witness was so much mortified at Baker's conduct that she cried. After they started home Avitness remarked to one of Ba- ler's sisters, and in her own family repeatedly, that Baker Avas de- ranged; that she would rather risk her chance with her own son, Avho Avas then in the Asylum in Lexington, than with Abner Baker. Cross Examined.—She did not tell the father of Abner Baker * Note. This was not in the copy before the Governor, but was testified by witness. TRIAL OF DR. ABNER -RAKER. 19 that she thought his son Abner Avas deranged for about three weeks afterwards. Resumed.— Witness has a son in the Asylum at Lexington. She could not make her own sons believe in his derangement for a long- time. She took him about with her, and risked her own life, that her neighbor's and friends might discover it. Mrs. Potter sworn, states—That on a Sunday evening, after Ba- ker's marriage, Baker walked across the floor and cursed a great deal. Baker's wife had been to church, and Avitness knew of no cause for the excitement. Baker's sister [Mrs. Polly Bates] was very much affected at his conduct', and left the room and went up stairs. Cross Examined.— Witness always considered Dr. Baker a man of good mind until that time. He looked strange several times after that. He still continued to attend to his business. States that preach- ing was at the Court House. Several persons went Avith Mrs. Baker. Witness was in company. - Resumed.—States, that it Avas more his manner than anything else that convinced Avitness that Baker was deranged. Miss Harriet Baker sworn, states-—That she Avent from Clay county to her home, near Lancaster, Avith Dr. Baker and his wife, That she discovered his derangement, and feared to go with him to Lancaster. His Avife on the road was sometimes in tears. He was capricious, on the road, .sometimes Avishing to return to Clay, and offered her a negro to go back. His conduct Avas similar in Lancas- ter. He Avas very affectionate and loving towards his Avife, and would kiss her sometimes while riding along. Cross Examined.—There Avas no other person along than Bakeiv his wife, and Avitness. She did not mention his conduct, or her belief of his derangement, to her father, but mentioned it to Mrs. Polly- Bates. Dr. Baker and his wife left her father's with no other in company, Avhen they returned home. Miss Almira Baker sworn, states—That Avhen Dr. Baker visited her father with his wife, his conduct was not like it had been. He Avould Avalk the floor frequently, and seemed very much distressed. His conduct Avas strange, and his wife Avas frequently in tears, lie would' complain of persons being in his room at night. On one occasion she found him in the room in Avhich the girls slept. He Avas standing by the Avindow. He asked witness who slept in that room. She told him that she arid her other sisters had slept there, on account of their regular sleeping room being newly plastered.— He looked very strange and incredulous. Cross Examined.—Witness was with Baker every evening he went out visiting. Thinks that it Avas quite visible that his mind Avas wrong. In the spring previous to his marriage it was noticed in the family that his conduct was strange. Defendant.—The conduct of Baker's wife was lady-like and un- exceptionable. Dr. Harvey Baker sworn, states—That he had not heard from his brother [Abner Baker] for six ©r eight months before he carwe tio 20 trial of dr. abner baker. Knoxville. He came there about the 1st of August, 1S4-1. Witness was on his farm about ten miles in the country. Received a note from his brother, requesting him to call on him the next day. Wit- tic^ did so. Abner Baker met witness with tears in his eyes, shook hands—his hands were icy cold. Inquired for his wife. He turned off, made no answer—Avent out of the dining room, into the sitting room. It Avas whispered to Avitness, that his brother had parted with his Avife. Witness followed into the sitting room. He requested wit- ness to go up stairs with him. Did so. He Avent into a room, closed the door, got two chairs, set them about the middle of the room, re- quested witness to take one, and he took the other, and placed his feet on the rounds of the chair occupied by witness. He began by saying, You asked about my wife. She is the d—dest whore living. Told me that her uncles had criminal intercourse with her. That the Bev. Mr. Brown, of Richmond, Avas her seducer, at the age of nine or ten years. That he kept her all the time she went to school to him, or until her courses commenced. Told of several other girls seduced by Brown, and the manner in which his wife Avas seduc- ed. Said that BroAvn had a little room adjoining the school. That he got his wife to combing his hair. That Brown would lay his head in her lap while she was combing his hair. That he would feel her bosom, and continued feeling doAvnward. That he worked with her until he succeeded. He told witness that his wife had told him the signs used by BroAvn when he Avanted one of the girls to come to his room. That BroAvn would place his right hand on the right side of his head, and rub the hair back. He would then place his right hand on the left cheek, and draAV it over his mouth and chin. Baker also told Avitness, that Daniel Bates came into his room and had intercourse with her more than once. That Bates squeezed her foot, and got her out of bed, and cohabited with her in the room. That Bates made a negro woman stand over him Avith a BoAvie knife, while Bates had his Avife on the floor. That Bates had been trying to take his life, through his negroes, for a year or tAvo before. Told Avitness of receiving a note from Polly Bates (he was in Manchester) telling him not to come home He suspected something; mounted his horse; rode up to Bates'. Polly Bates motioned her handker- chief towards him to go back, as he approached the house. He went straight forward. Met Polly. She told him that Bate* was up stairs with all his guns. That he had sent out for all his negroes, and he Avas to be killed that night. He turned, went to the door, and spoke loudly to the boy, to take his horse and feed him. The boy did so. He followed. (The stable being in the direction of town.) When he got to the gate—some hundred yards from the house—he mounted his horse and went to town. That he borrowed a horse in town for Miss Rhoda Murphy, and urged her to go up to Bates' and see Avhat Avas going on, and treat Mr. Bates very friendly. That he [Baker] had remained at Daniel Bates during the last two years, to protect Polly Bates, who was in constant danger of being killed by Bates. That she would not consent for him to leave there. trial of dr. abner baker. 21 He said that Daniel Bates and his own wife [Susan] had combined to kill him by poison. That he took some toddy, made by Susan for him, without solicitation. That the little he took, Avhich was only a sup, flew into his head, and swelled up his head, until it felt as large as a bushel; and if he had drank as much as usual, it Avould have blowed him to hell in five minutes. : ■ That Bates and Susan had given money to Sibertto kill him. That when they killed him, Bates would introdu; e some low fellow into Polly Bates' room, who was to be caught there to her disgrace, and she drove away; and that Susan [his wife] was or would be kept there for Bates' own use, Abner Baker said, Avhen he first mentioned Bates' name to witness, that Bates was one of the d—dest black hearted scoundrels that ever lived, and that he would kill him. That he had ruined his happi- ness, and had been trying to take his life for a year or two. Abner Baker told witness, that he had suspected his wife early after their marriage. That he made an examination, and found her Avomb enlarged; and he knew that she had been pregnant before he mar- ried her, or had been often before. lie asked her with whom she had intercourse previous to her marriage ; and she told him, Mr. Brown, her uncles, [the Whites,] and a number of others. That he told Susan to write to her father and state her guilt to him ; and that he Avould probably afford them help to get away from Clay. That it Avas impossible for them to live in that community happily—Avhich Susan did. That he had shown these letters to James White, and told him the character of his daughter, and that he would leefce her. That Susan was sent for, and denied all except BroAvn and Frank White. That James White remarked that it was impossible for him to live with her, unless *he could forgive her—and Avas going on to tell Avhat property he had laid off for her, Avhen he stopped him and observed, that he had not married her property, but if he could only say she was a virtuous woman, he would give up what he had, and work for bread with his hands. That he found out that Bates was having intercourse with Susan. He had suspected it be- fore. Had seen Bates showing his p-nis and winking at her. That he was preparing to leave and Susan told him that if he would pull off his clothes and go to bed, she would tell him all about it, which he agreed to do. He pulled off his coat. She slipped out of the room. He went out after, and found her and Polly Bates lying on a bed in another room, and Polly Bates crying. He took his wife by the hand and led her back to her room, and asked her Avhat Bates had done to her. She replied that his sister had ad- vised her not to tell him, for if she did that he Avould kill Daniel Bates and leave her. His clothes were packed to leave next morn- ing. He insisted on her telling. She promised that if he would not leave her she would do so—and then told him that Bates had in- tercourse Avith her twice. He then rushed down stairs to kill him. He told of his visit to Lancaster with his wife. Was asked by witness "why, in the devil, did you carry such a woman to your fa- 22 trial of i)K, abner baker. iher's?" Answered that Daniel Bates was keeping Harriet Baker, his sister, and that he went to get her aAvay. That she was with child by Bates. Witness disputed with him, and he shoAved a great deal of excitement. Told that his mother Avould open the door for Bob McKee to come into the room to his Avife, and of his hearing him go out at the Avindow. That his Avife had an abortion at Lancaster, produced by pressing her abdomen. That during the sickness produced by the abortion, Bob McKee had intercourse with her, he knew, because he saw Avhere he had Aviped his p-nis on her chemise. Said that he had fixed a day to start home, and that his horses were lamed; and- Avhen he came to find out, the negro man had lamed them to detain him for the purpose of using his wife. He appeared greatly distressed; Avas Avatch- ful and restless; his general health bad. Would not sit about the door with the family as night approached. His bowels were costive, stomach irritable, mucous membrane covering his mouth and fauces red and much sAvollen. Witness received a letter from his father, in Avhich he stated that Abner was deranged. That rumor said that he had taken off two of James White's negroes; and that he and John White were arranging to get a divorce upon the ground of his derangement. Witness shoAved the let- ter to Abner. He became very much excited, and said he would go to Kentucky and get a divorce on the true ground, that was her guilt. That the negroes he was charged with running off, Avere sent out to kill him. That he Avas in more danger there^han in Manchester. Witness states that he (Baker) went to bed early one night and Avas very restless. Witness was writing at the window. Abner got out of his bed in the same room, and came to where witness Avas writing. He took up the candle and blew it out; then drew up the curtain and made wa. ter—making no reply to the inquiry, "what did you bloAV out the candle for?"—and returned to his bed. He determined to go to Kentucky to attend to his divorce, and settle his business. He said that he would get James White and Susan to give him an acknowledgment of the facts, which they would do: on the presentation of which he could get a divorce without any trouble. He declined going the usual route, because he said he believed there were negroes placed on that road by White and Bates to assassinate him. He would use the most indecorous language in Avitness' family in relating his difficulties. Upon sev- eral occasions, he sat at a window which commanded a view of a friend's house across the street. He was frequently at the window, and his motives Avere suspected. He was told that the lady he Avas looking at so often, and Avatching so closely, was a friend's Avife, and that if he had any designs upon her he must abandon them; that it Avould ruin the families of both parties. He said that sheAvas one of the girls whose name Susan had given him as being seduced by Mr. Brown; and that he Avas trying the signs upon her, and that she understood them. Witness thought his trial of dr. abner baker. 23 tales very strange but never thought of his derangement—thought his wife was the subject of nymphomania, and that in his trou- bled and excited state of mind he had imagined and related some things untrue. Witness was opposed to his going to Clay county for fear of a difficulty; and extorted a promise from him that he would have none. Cross Examined, states—That witness did tell Dr. A. Baker that he might take a partnership with him in the practice of medicine: to settle his business and send his medicines to Knox. Witness was doing little, or nothing at the practice—he was engaged in at- tending his farm. Abner Baker rode the horse of witness to Clay. His horse was very poor and unable to go a journey. He rode wit- ness' horse most of the time he was in Knox. Could not say that Dr. Baker was deranged, or that witness thought him de- ranged until after Bates Avas killed. He always believed Abner a man of undoubted veracity. Never had caught him in a falsehood, and could not say that what he related to him was all false; and witness did believe most of them, upon the ground that his Avife was a nymphomaniac. After Bates was killed, witness came to Clay—found him very much excited. He told witness that Polly Bates Avas in danger of being poisoned—that he had Avritten her a note to that effect. He wanted Avitness to go and see her. Gave witness a list of questions to ask her and get her to answer. Witness did go and found that she kneAV nothing about them. Wit- ness heard from every one that Susan (Abner's wife) was of good character and a virtuous Avoman. Witness was unable to account for his conduct. Got hold of some authorities upon the subject of derangement, and found that it was consistent for a monomaniac to reason as weU on every subject as usual, Avith the exception, some- times, of the subject on Avhich they are deranged—and grant their premises, and they reasoned well upon that also. Witness came clearly to the conclusion that Abner Avas deranged—that he Avas a monomaniac—and that his actions and conduct Avas explicable on that ground alone. Witness, after reading various authorities upon the subject, is confirmed in the opinion that he Avas and is deranged.* States that Abner Baker started to Havana before any indictment Avas found. That he left Charleston to go to Havana Avithout friends. That he had been gone from the last of October, until the latter part of May. He returned home up the Tennessee river, &c. &c. That as soon as the proclamation was made, and indict. ment found, several letters were Avritten to him urging his return. States, upon interrogation by Defendant's counsel, that when he showed Abner the letter from his father, that he said his father was a J—d old fool, and the greatest enemy he ever had' on earth. MVhile Avitness was deposing, the Hon. T. Q,i aki.es, Judge of the Clay Circuit Court, asked whether such a disease as monomania was known and re- cognised in medical authority. Witness answered certainly, that monomania was well known and recognised, both in law and medicine. The Court rejoined, (in the hearing of the Jury,) that he had only made the inquiry as to medicine- he claimed to knoAv something of the law himself. 24 TRIAL of dr. abnkk baker. Capt. Abner Baker sworn, states—That in the spring of 1839 or 'JU, he discovered symptoms in his son Abner varying from hi* ordinary conduct, which led Avitness to suspect that his mind Avas ir- regular. He became suspicious, and apprehended united efiort? against him. He became fearful his moral character had undergone a great change. Witness reflected upon his condition untU he had an apprehension that the symptoms were an index of insanity. Ab- ner left home. When he returned from the Medical Lectures at Louisville, witness gave him a young horse. He was fearful to go near him. He Avanted to leave, and his horse had to be broken for him to ride away. After his horse was broke, the little negro boys rode him, yet Abner still feared him. He rode the horse to Clay, under great apprehension, and disposed of him at a sacrifice. He did not return for some time. When he returned, Avitness discov. ered the same unusual state of mind, and mentioned it in his family. Abner again left, Avent to Knox, and then returned to Clay. He afterwards came to visit Avitness, and Avitness inquired of him in re- gard to his location. He said he had a notion of settling in Clay. Witness advised him not to settle there, and gave him several rea- sons why he should not. He intimated that inducements had been held out to him by Daniel Bates to locate in Clay; and said he thought that be would try and stay in Clay. After he had lived about one year in Clay, lie visited Avitness again, and Avitness ad- vised him to leave. He said his business Avas such that he could nut. He stayed about another year, and promised Avitness to Avind up his business and leave. He did not leave after the second year, and Avitness reminded him of his promise. He excused himself bv saying that Mrs. Bates would not permit him to leave, or Ava." not Avilling that he should leave—that she Avas afraid of losing her life—and told Avitness that Bates had Avalked the floor with his bowie knife and charged Mrs. Bates with having told (Abner Baker) of some ill treatment she had received from him, (Bates.) Witness1 told Abner that if Bates had done so, that Bates was deranged, and witness told Abner that he (Baker) was deranged. He replied, "de- ranged, the devil!" and parted Avith him. That Abner was at the house of Avitness Christinas previous to the killing of Bates, and he still noticed the change in him. He came again in April, ^844—still noticed the change. Mr. Woodward was at hi? house also. Witness saw WoodAvard in the morning. They set together on the styles, or steps at the gate. Conversed with Woodward, and related to him what Baker had said to him, (this was in April.) Witness told Woodward, that he had observed a change in Abner since 1839 or '40, and had come to the conclu- sion that he Avas deranged. Woodward said that it was also his opin- ion. Abner left, and witness saw him no more until after his mar- riage. Witness went to Knoxville, and on his return learned that Abner had married. During his stay in April he never mentioned his intention to marry. Looked for Abner in Knoxville, until wit- ness and his family left there. When witness reached Barbours. 0 trial of dr. abner baker. 25 ville, he got a letter from Daniel Bates inviting him and his family to come by Clay and see him—and he also stated that Abner was in Clay. After witness arrived at home and had been there some two or three weeks, Abner came to the house of witness with his wife. He met them at the door. Abner introduced his wife to witness, and he treated her as he did others of his daughters. He and his wife were conducted to a private room. They re- mained in their room the greater part of two days. They ex- cused themselves, on account of fatigue, &c. On the third daj, Abner came down, and witness approached him, and said, "my son, what did you come for?" He replied, to pay us a visit. Witness said to him "you have been here three days, and we have not had ten minutes of you and your wife's company. Why do you not comedoAvn Avith your wife, and spend the day with the family?" He said he desired living retired. Several ladies called to see Mrs. Abner Baker. She did not come down. Witness believed the fault was in Abner. Afterwards ladies frequently called. She came down sometimes, and at other times she did not. Abner and his wife Avere regularly invited to their meals. Susan often came in Avhen the meal was half over, Aviping her eyes. Witness told his wife to visit the room in which Abner and Susan stayed, frequently, and learn what was the matter. His wife reported often that Susan was in tears, which induced witness to talk to Abner. Witness asked Abner what was the matter. That his conduct made Susan unhappy. That he was maltreating her, and that he was the only son he ever raised who had done so. That his conduct would bring reproach upon the family, and that he must do belter. He re- plied, "by G-d. I have no wife!" He charged her with inconstancy. Witness told him, that it was not the truth. He replied, "untrue, the devil!" And such was his conduct, during the remainder of his stay at the house of witness. He was there altogether about two weeks. He fixed upon one or two days to leave, but did not. He at length left, and witness saw him no more until after Bates was killed. He went to Clay, found his son Abner in confinement and under guard, and his mind in a deranged state. The conduct of Mrs. Baker was unexceptionable during her stay at the house of witness. Cross Examined.—States, that he made the discovery of Abner Baker's derangement the spring after his last course of lectures—date not recollected; but thinks it Avas in 1839 or 1840. That he was firmly convinced of his derangement up to the time he sbav him in Clay. Witness did not write to his children in Clay that Abner was deranged. Cant say that he Avas or not suitable company for his wife when he left the house of witness with no other in company. Defence. Abner Baker's moral departure from the rules of witness' family led him to suspect a change. States that he is the only one of six sons who ever swore before him, and that he did not do it until his derangement. Mr. Sidney Pearl SAvorn, states—That he lives on a road fre- quently traveled from Manchester to Lancaster. Dr. Baker usually 3 26 trial of dr. abner baker. traveled the road on which Avitness resides, and usually called at wit- ness' house. That he and his wife stayed all night there on their re- turn from Lancaster. Witness noticed an unusual excitement and extravagant course of conduct on the part of Dr. Baker. He was very restless and Avould not converse; would jump up out of ni? chair and pace the floor. It Avas Dr. Baker's habit to sleep late in the morning. Witness found him up very early pacing the floor. He looked like he was just recovering from a severe spell of sickness; had a haggard expression of countenance. Witness talked about it in the family (after he left.) Believed he was deranged. Has known him since 1836, and has seen him frequently since 1841. up to the time he stayed all night with his wife at house of Avitness-. While Dr. Ba- ker was at witness' house, some of the family Avanted medicine, and refused to call on him for it. He had given medicine previously in the family. Witness heard of the separation in a few days afterwards. Cross Examined by vJoinmonAvealth.—Witness came to the con- clusion that Dr. Baker was deranged, more from his conduct and ex- pression of countenance than any thing else. When he was drawn into conversation, or spoke while at the house of witness, he spoke rationally. He has been the family physician, and Avitness never sus- pected his derangement before. Mr. Jackson sworn, states—That he has been acquainted Avith Dr. Abner Baker for some time. Saw him at the same time spo ken of by Mr. Pearl. Witness had a bad case of sickness in his family. He talked with Dr. Baker about it. He asked a feAv ques- tions about the case, and gave no advice. He would then jump up and pace the floor. This occurred at Avitness' house, baker had at- tended two cases at his house before. His appearance was different from what it had been. He would jump up, throAv his head back— and Avitness saw a greater change in his eyes than any thing else.— When Baker and his wife left the house of witness, he and his wife Avent to the stiles, and after Dr. Baker and his Avife started, witness' wife asked him Avhat he thought. He replied that he did not know Avhat to think. That it was not Dr. Baker. His wife replied that he was deranged. Witness then said his mind seemed unbalanced in some Avay. Cross Examined by Commomvealth.—States that Baker stayed at the house of witness about three hours. Witness' child Avas sick and Avas under treatment of Drs. Lively and Young. Did not ask Dr. Baker to administer medicine, but Avanted his opinion on the case, and could not get it. Witness does not know Avhether Drs. Young aud Lively are regular bred physicians or not. James Duncan sworn, states—That, in July, Dr. Abner Baker Avas in Lancaster. Found him at one of the law offices and had some conversation Avith him. Asked how his family was, and told him that he would like to see his wife. Baker made no. reply. Wit- ness started off, but Avent back, and asked Baker to come and see him, and bring his wife with him. Witness thought that Baker was insulted with him, and asked Baker if he was. He said not. Said TRIAL of dr. abner baker. 27 ':hat he had no wife ; was-unusually excited. Had known Baker for some time. Witness told some individuals that Baker was crazy ; but would scarcely permit himself to believe that he Avas crazy.— This occurred when Baker and his wife were in Lancaster. Cross Examined by Commonwealth.—Witness never noticed any aberrations of mind, except upon the occasion referred to. When he Avas at Lancaster before, he said he intended to come there and live. Alexander R. McKee sworn, states—That he has knoAvn Dr. Abner Baker for a long time. That in April previous to his mar- riage, he found him laying on a pallet up stair at his father's in Lan- caster. That he went up and lay by his side. After some conversa- tion he detailed a difficulty he had with James White, which is cor- rectly detailed by James White in his testimony, with the exception that Baker told witness that the difficulty was settled before he left Clay. Baker said to witness that he came to Lancaster that all ex- citement might pass over. That. Bates was at one time in favor of the match between Baker and Susan White; but Avas then opposed to it. That Bates was the d—dest, blackest hearted scoundrel that ever lived. Witness told him, he thought he was mistaken. He said to witness. You dont knoAv him. That Bates wanted to kill him; and said, upon one occasion, he came home on Sunday; that Bates Avas up stairs at a window with his gun ; that he (Baker) marched boldly up, and went into the back yard, where Bates had all his negroes from the negro quarters—some of whom had not been there for years—and said, " What in hell are you doing here." And they all scattered, &c. States, upon cross examinatioa, that Bal-ier was always an excita- ble and suspicious man; that he Avas often afraid that Bates would suspect him wrongfully. His suspicious character grew upon him. Witness was surprised to hear of his marriage. Baker made the im- pression on the mind of Avitness, that he did not want to marry any person. Witness is not positive, but thinks that Baker said he did not Avant to marry Susan White. Thomas W. Pope sworn, states—That he lives on the road from Manchester to Lancaster. That, in July, 1844 Abner Baker, his wife and sister came to his house, on their Avay to Lancaster. That Baker and wife Avere invited to a room, while Avitness attended to their baggage. After attending to their baggage, horses, &c, wit- ness returned to his Avife's apartment. His (Avitness') wife asked him what Avas the matter with Dr. Baker. She asked if he drank. He replied he did not know. His wife said that something was the mat- ter. Witness told her to say nothing; and Avitness made several at- tempts, but could get nothing out of Baker. After a short time, he told his wife (Susan) to get 6ome whiskey out of a bottle in his sad- dle bags, and that some toddy might be made for his Avife and sister. He would not drink it. Witness asked what Avas the matter. Baker paced the room at night; Avas restless and discontented; and left next mornnig. After remaining at Lancaster some time, he returned with his wife; called for a bed, and laid down. Very little conversa- 28 trial of dr. abner baker. lion passed. He wes not disposed to talk. Witness thought he Avas tired, and by morning he Avould be more cheerful. The morning came—it Avas dark and cloudy. Baker called for his horses. Wit- ness' wife asked him to stay all day. He said he would go home, if it lained him in pieces. Baker's conduct reu inded him of what Ba- ker had told him two years before, in the month of June; Avhen he stayed with Avitness and told him of combinations against him—said that negroes we e posted about to destroy him—said he was poi- soned in Toddy with poison vine. Witness told his own Avife of his conduct, and thought Baker was mistaken about being poisoned, ec.c. Witness saw him once or twice aftenvards, but had but little conver- sation with him. The Commomvealth did not cross examine. Mr. McGee SAVorn. states—That he had a conversation with Dan- iel Bates, in London, at the Laurel Court, in the month of Septem- ber, 1844. That Bates told him of Dr. Abner Baker's treatment to him, and said that he Avould not take such treatment from any man without taking his scalp, unles he thought the man Avas deranged. Cross Examined.—States that he took a seat by Daniel Bates, and was talking to him about selling lime for salt, and one word brought on another until Bates detailed the matter before stated by him Wit- ness had not seen Daniel Bales very often, but could not be mistaken in the man. Col. Daniel Garrard sworn, states—That he knows nothing preceding the falling out between Bates and Baker. Dr. Baker was ahvays a very suspicious man in little games of cards, where witness and Baker Avere playing. Baker would always shuffle the cards over again, fearing that they might be put up upon him. On account of a difficulty with Bates and the family of witness, there Avas no inter- course between Baker and Avitness' family. Baker was at the house of Avitness but once, and that was the only time since he located in Clay. Witness heard of the first difficulty between Bates and Baker on Saturday before the election in August, 1844. Witness heard that Baker Avas an executor of the Will of Daniel Bates, and wanted to kill Bates to get the funds into his hands Witness said to his wife, that Baker must be the greatest scoundrel, or the most unprincipled scoundrel in the world. Witness was informed of the killing ; ob- served to his sons, that they ought to go up and see about it. They refused. Witness then said he would go ; and did go. When wit- ness Avent up, he found Bales in the house near the furnace. Bates saiil to him, Col. Garrard, you are not a friend of mine, have Abner Baker taken. Bates told his negro man (Ponipey) to pursue Baker and kill him. Poinpey had two guns. He told Pompey a second time to pursue Baker and kill him, and he should have his freedom; and said, if it cost all—$10.00C—and sometimes he said all his pro- perty, that he must be brought to trial. When Bates' son came in, Bates told him, if Baker Avas not killed, that when he became a man he must kill bim. Bates said he had a Will at home and he want- ed it destroyed—and desired that the law should be his Will. On trial of dr. abner baker. 29 the next morning, Dr. Reid came by the house of witness, and told witness that Dr. Baker wanted to see him. He refused to go, and de- sired his son Theophilus not to go ; but he and his brother did go. Theophilus and Dr. Baker returned together. When they entered the passage Baker shook hands with Avitness. His eyes looked strange. Pulled off his over coat; pulled out his pistols and BoAvie knife, and gave himself and his Aveapons to Theophilus. A guard was summon- ed by Theophilus—afterwards additional guards were appointed. Some wished to take him and put him in jail. Theophilus refused to give him up. Baker said they wanted to get him to butcher him, in order to get rid of the effect of Avhat he had told upon them. Baker told witness all the rumors about his wife—and tohi. him oyer and over the same things with great minuteness. Witness heard a case tried in Frankfort, when he was quite a boy, and heard Dr. Brown say he had never knoAvn a man deranged on one subject alone, except Don Quixotte, and did not believe in any such derangement as mo- nomania.—Witness had no doubt of Dr. Baker's derangement, and had come to the conclusion from reading and examining- medical anthorities upon the subject, in connection with the circumstances- developed in Baker's case. Witness heard Baker say, on the first trial, that he AA'ould rather be hung, than that the plea of insanity should be relied upon; and said he would plead justification, if Mrs. Bates would testify—and that he was justifiable. He was very sus picious. When a candle was lighted, and placed in his room, he would draw the curtains down. Montgomery Bledsoe came to be one of the guard, and Avitness told him to go aAvay. Witness told Baker that Bledsoe Avas one of the guard, and he became very much enraged. Bledsoe Avas one suspected for wanting to kill him. Dr. Baker said he had done his duty in killing Daniel Bates : and he Avas perfectly satisfied, and said Bates Avas at the head of a combination against him to take his life. Cross Examined by Commonwealth, states—That Abner Baker is remarkably suspicious. Never heard or suspected him of insanity, and Avould not have been convinced that he Avas insane, had it not been for the works he had read upon the subject of insanity. Baker was an intelligent man, and witness before he read any thing upon the subject, looked for outbreaks in a deranged man. Witness no- ticed his suspicious character in playing cards, for more than twelve months before he killed Bates. On one occasion, he was engaged in a game of cards at Cole's tavern, and Baker's conduct was very extraordinary. Resumed by Defendant's Counsel.—When Baker came from Lan- caster, Avitness asked Baker about the vote of the district, betAveen Owsley and Butler. He set down all the counties, with a view of making a calculation. He made no calculation, but Avent off about thirty steps, and asked Avitness where Theophilus Avas; asked how K- was, and made no explanation to Avitness Avhatever. Resumed by Commonwealth's Attorney, states—That Dr. Baker administered medicine to some one of witnesses family after his un- 3* 30 trial of dr. abner baker. accountable conduct when he Avas at the house of witness. After h« killed Bates, he seemed to anticipate a trial, and said he wanted Mrs. Bates to come and tell the truth, and if she Avould, he Avould go clear; and a few days since, Avitness heard Abner Baker say that Jas. W hite would testify to things that witness had no idea he would. Theophilus Garrard sworn, states—That on the day the vote was to be taken in Owsley county, in relation to the location of the county seat, Dr. Abner Baker asked him to go to his shop. He went. Baker wanted to borrow a pistol. Witness replied that he could not loan him a pistol; that Baker was not his friend, and he therefore could not loan him a pistol. Baker said that Daniel Bates was a rascal, and Avas attempting his life, and that he wanted the pistol to kill Bates. He said that his sister, Polly Bates, had written him a note not to come home that evening. That Bates had his guns, ne- groes, esc, and intended to kill him. That he jumped on his horse and rode up to Bates' He saw no one. His sister Avaved her hand- kerchief, and he asked his sister the meaning of the note she had Avrit- ten. She asked haker why he came. That Bates had all the guns carried up stairs, and that Pomp Avas on the road betAveen Bates' house and town to kill him, (Baker.) He said he told the boy to lake his horse. The boy started to the stable. He followed, and and told Ballinger, that where he was was the best place. Ballinger Avanted him to go to jail—aad said it Avas a despe- rate case and required desperate means; and that Baker could sue if wrongfully imprisoned. Witness had no doubt of Baker's insanity in telling his tales. That witness at one time felt doubtful as to Mrs. Baker's chastity, from the fact that she had givon certificates, and that James White did not kill Baker. Witness is fully convinced that Baker honestly believes what he has stated about his wife, and all the tales he told. And witness is caused to disbelieve his tales from the manner of his telling them, and that he cannot believe a woman in the world would act in the manner he charges her with acting. Mr. Wooiavard SAvorn, states—That he first kneAvof Dr. Baker's hostility to Daniel Bates on the 25th February, 1844, Avhen witness returned from Clark. Baker took him into the orchard at Bates', and said he had something to tell him. He looked earnest and en- joined secresy. Remaiked that Bates Avas the blackest hearted man living, and said Bates maltreated his wife. Told Avitness that Bates and a negro woman intended to take Mrs. Bates' life, and that there was a conspiracy to take his life. Witness said very little to Dr. Ba- ker. Spoke of a difficulty between himself and Bates and of the note written by his sister, Mrs. Bates, to him. Baker talked occa- sionally of Bates' treatment to him, and said that Bates "knows, G-d d—n him, he ought to die, and I ought to kill him"—<:they intend to kill me, but I shall kill some of them before they kill me." Wit- ness told him that he thought he was mistaken, and frequently rela- ted Bates' conversations. Baker said that Bates suspected witness, and was deceiving him. On one occasion Baker asked witness if any thing should occur could Mrs. Bates be evidence. Witness told him he thought not. Witness happened up stairs at Bates' house. Baker pointed out four or five muskets, and said Bates had put them there to assassinate him. On another occasion, Baker took Avitness to the window where Bates' boots were, and where there was a gun, and said that Bates had been there to kill him, but his heart failed him. He pointed out on the barrel of the gun some finger prints which were observable. Witness avoided Baker. From the time Baker came back from Lancaster until he married James White's daughter, he did not talk much about it. The day after the difficulty between James White and Baker at Frank White's, witness and Ba- ker started to Lancaster together. Nothing extraordinary occurred, more than occurs with travelers generally. After being at Lancaster a short time, Capt. Baker took witness out and talked about the diffi- culties between Bates and Baker. Witness described Bates' actions, carrying weapons, &c, and being sometimes engrossed in thought; and Capt. Baker remarked that Bates was deranged. Capt. Baker thought Abner was in danger, and he rather credited Abner's state- ments. Witness stayed at Capt. Baker's about three hours. Went 34 TRIAL OF DR. ABNER BAKER. to Danville. On his return met Dougherty W^hite, who told him Baker Avas married; asked to whom, and was told to Susan White. Heard nothing afterwards, except that he found out from ^ameJ Bates that he'had nut been guilty of some things that he (Baker) had charged him with. On several occasions Baker seemed very fearful, and thought Bates would kill him; and he said that Bates knew that he ought to die. Witness saAV nothing in Mr. Bates' conduct going to show that Baker's tales were true. Bates treated his own wife kindly. Witness thinks that on the 25th July Baker came home to Bates' with his wife. He and Avitness went up stairs. Baker called for water and washed. Seemed more social. Sibert remarked that Baker was going to be Ab. Baker again, and be sociable. He had been quite unsociable. After a while Baker remarked to Avitness that he had told him a great deal, and wanted to tell him more. He then told witness that his Avife was the basest woman in the Avorld. He then produced letters, which he said she (Susan) had Avritten. Talked a great deal. He told witness that Daniel Bates had been in- timate with her. That Sydney Pearl had used her as he came along; and he charged others with having used her. Witness told him thdt, if he believed his tales, he could not live with her, and advised him to go to Knoxville or to his father's. Witness left next day for a treat. When he came back to Bates', Baker talked a great deal, and said White had offered to give him money. On the morning Baker attempted to kill Bates, witness and Baker looked over Baker's books, arranged them, made extensions, &c, and witness helped to fix his clothes in his saddle-bags. Baker called witness up* stairs— beckoned to him—and said to Avitness that he ought to kill the d—d old rascal before he left. Witness told him he must be deranged. Witness walked down stairs and out on the porch; had one foot on the steps. Bates Avas setting in or near the door. Saw Baker walk toAvard the door where Bates Avas sitting. Got sight of Baker's pistol just before it Ayas levelled at Bates. Jumped and caught Baker. He said let him 'go—he would kill the old rascal. Bates run out and called for his gun, bullets, tVc. Pomp was called upon to bring the gun. Baker Avent up stairs—got a gun—Bates came around, and Baker saw him—Baker said "you G-d d—d rascal, I will kill you, if it takes fifty years." Bates then had his gun and told him to come down. Bates then went doAvn near the horse troughs in the lot before the house. He placed one negro on one side Avith a gun, and the other not far distant, and told them if they saw Baker attempt to shoot, to shoot first. Pomp stood near his master. Be- fore Dr. Baker attempted to shoot Bates, Mrs. Bates called witness and told him not to leave until Abner left. Pomp told witness that Dr. Baker had snapped a gun at him. He went to the house and found Baker gone. Bates sent for Potter, Davis, &c.; they came. Baker sent over a note for his horse. Bates told witness to take him—but that he ought not to let him have him, and to see Baker out of the country; that he did not Avant to hurt him, nor did he himself wish to be hurt. Baker told witness that his wife Avas the TRIAL OF DR. ABNER BAKER. 35 smartest woman that ever lived: that she would lay her ear on his breast and ascertain when he was asleep. Witness asked Baker hoAv he managed to get her to write the certificates, and to learn hoAV she had acted. He said.he wrung himself around her. Baker told Bate3, when they had the first difficulty, that he had communication with his wife. Bates called Susan and she denied it, and said that Dr. Baker had forced her to give certificates. The conduct of Mrs. Abner Baker was unexceptionable Avhile she was at Bates'. Dr. Baker remarked to witness that he had discovered Bates talking with his Avife at the door, and thought there was something wrong in it. Witness saw no more until Bates was.killed. Witness saAv Bates one half hour after he was shot, and concurs with other Avitnesses as to the statements made by Bates, and as to his condition. The day after Dr. Baker left, Bates and witness traveled up Horse creek to- gether. Talked on different subjects. The will of Bates was named in the course of conversation. Dr. Baker remarked to wit- ness in conversation that there was a talk betAveen him and Bates in relation to going into business; and made the impression on witness that Bates had made the proposition; and said to witness, that if he (witness) expected any thing from Bates, that he would be deceived: that Bates had no confidence in witness. Cross Examined by Commonwealth's counsel, states—That he has been intimately acquainted Avith Dr. Baker, for tAvo years, and sbav him occasionally until 1841 or '-12. That when witness was in Gar- rard county he had a conversation Avith Capt. Baker, who inquired about Daniel Bates and family, and seemed to be impressed with the idea that Bates was treating his (Capt. Baker's) daughter badly. Witness told Baker that he had some idea of leaving Bates, t.nd' Capt. Baker said that he had better leave. Witness thinks that Capt. Baker said that Bates was deranged. Thinks that (Avitness) did not say Dr. Baker was deranged. On another occasion, when in company with Capt. Baker, and after the difficulty between Dan'l Bates and Baker, thinks that he gave in to the idea that Dr. Baker wasderanged. David Walker and Avitness agreed that they Avould give in to that idea to relieve the old man in regard to the conduct of Dr. Baker; and in the presence of Capt. Baker, encouraged or gave in to the idea that Abner Avas deranged. At the August term of the Garrard Circuit, witness was in Lancaster, and Capt. Abner Baker told him that Dr. A. Baker Avas morally deranged. Witness has friends deranged upon one subject, and they are totally unfit for busi- ness on those subjects, or any thing that comes within the influence of those subjects; and on those subjects on which they are deranged, are disqualified to conduct themselves in a way they would Avere they clear of the derangement. Witness never heard Baker talk so extraordinarily as he did on February a year ago. Baker had a strong desire that Bates should put the debts he had against different individ- uals in a train of collection, Avhen witness and Baker spoke of taking the Sheriff's place. Bates said in a conversation with witness that Abner Baker Avas an executor in a will he made. This was after Mb TRIAL OF DR. ABNER BAKER. the first difficulty between Bates and Baker. Witness does not recol- lect what Baker said when Susan (the wife of Baker) remarked that Baker had forced the certificates she had given. After Dr. Ba- ker Avas married, Daniel Bates furnished witness with money to buy for Baker some glassAvare, china, tkc. Bates requested witness to inquire of Dr. Baker Avhether he was going to housekeeping or not. That if he (Bates) should make the inquiry, Baker might think he Avanted him to leave his house. Witness told Dr. Baker what Bates said about buying glassware, china, &c, and Baker said that Bates was trying to deceive witness—that he thought he was d—d smart. Witness thought that Dr. Baker never had much respect for female virtue. He was a very suspicious man, and has very little confidence in any person. Resumed by Defendant's counsel.—Dr. Baker's suspicions were strongly marked. Thinks that in August he saw a letter written by Capt. Baker to his son William, in Knoxville, Tennessee, in which he said that his son Abner was deranged. This was all before the killing. In August witness had one conversation with Capt. Baker, and the other in April before. By Commonwealth's counsel.—Dan'l Bates went armed from the time of the difficulty between the Garrards and Bates—that is, he went armed after witness became acquainted with him, and after the difficulty aforesaid. Miss Rhoda Murphy sworn, states—That before the first diffi- culty between Bates and Dr. Baker, the latter came down and asked her to go up to Daniel Bates' and stay all night. She asked what he wanted her to go for—he did not tell. She Avent and saw nothing unusual. Witnesses tried to make excuses not to go. He said that she must go now or never. When she got to Bates', found every thing calm, and stayed there till Monday: she went the e on Satur- day, and saw nothing out of the way the whole time, i aker told witness that he wanted her to treat Bates kind and friend y, but did not disclose his object. By Commonwealth's counsel.—Dr. Baker came up on Sunday morning. Does not know Avhether he stayed all the time or not. He was there on Sunday. COMMONWEALTH'S WITNESSES INTRODUCED. Frank White sworn, states—That he never heard Dr. Baker threaten Daniel Bates only on conditions. Dr. Ba'-er was at the house of witness, upon one occasion, and they were talking upon the subject of scrapes, and witness spoke of Squire Bates in friend- ly terms. Doctor Baker said that Bates had maltreated him, and that he was not a gentleman. Witness told Baker he thought he was mistaken—that he had heard Bates speak we'l of him. Baker said he had good authority foi what he said; that his sister Polly Bates (wife of Daniel Bates) was his authority that Bates did not like him. Said that he went to town, and while there Polly Bates TRIAL OF DR. ABNER BAKh... wrote him a note not to come home, that if he did, that Bates would, kill him. That he got on his horse and rode up there. When ht arrived, Bates was up stairs with his gun. Thai his sister waA^d.a \ handkerchief toward him. That Bates came down laughing, and"! said to witness if the d—n rascal treated him in that way again, he would kill him. After Dr. Baker married, Avitness said to him that he thought he was in a good way to do well; that Bates Avas his friend, and James White, his father-in-law. Baker said he would arrange his business and settle here. He also said that there was a rumor in the county about his courtship, and if he founcft out who started i# there would be hard times. Baker said that Bates had promised what he would do. That he did not believe he wouT^ fulfil his piom- ises, but he would see how it would tuin out. Witness was talking to Baker about settling himself. Baker said that Bates had promised him a hume. Witness can't say that he thought Baker was deranged. On one occasion, Baker and witness Avere partners in a game of cards. He had been drinking a little. Witness saw him losing mo- ney. Told him he was a Doctor, and made his money easy. That witness had to work hard for his, and wanted to draw out. Witness v thought it was the liquor that caused Dr. Baker to bet so freely. N%, Witness did withdraw, and on the next morning Dr. Baker did not know that he had withdrawn from the partnership. Baker contend. ed they Avere partners in the losses of the night, and witness called upon others and proved his withdrawal. Dr. Baker Avas very friend- ly With witness. He was getting a good practice. His standing was fair, and his prospects to get all the business, flattering. He was liked by nearly every body. After Baker returned from Garrard's, he showed witness a pistol, which he said killed Bledsoe's brother-in- law, and that he in a few weeks Avould kill all his enemies, and then he would give witness a pistol. This was said in jest. He seemed satisfied with his wife, and she with him. Does not recollect that he heard Baker speak of a will made by Daniel Bates. Defendant.—Witness thinks that Dr. Baker told him that he was. \ \f^" upon one occasion, riding by James Garrard's, and that a negro boy came out and caught his horse's bridle, (die boy was a very saucy negro.) Baker also said that when the negro caught the bridle, he, Baker, had no weapons. That when he came back, he had procured some, and Avould have shot the negro if he had come out. He said that another negro of Garrard's (George)* sat in the bushes close by him, or was in the bushes, and was waylaying him. Commonwealth's.—At the time spoken of by Baker in regard to the negro taking hold of his bridle, &c, there was a good deal of bad feeling between Garrard and Bates' family. Oliver P. Vaughn sworn, states—That he has known Dr. Ba- ker for about eight years. Has been tolerably intimate with him, Witness lives near Lancaster. So far as Avitness knew Baker, he looked upon Baker as being a man of good intellect. Witness has been upon intimate terms with the family. Never heard Dr. Baker's insanity spoken of until after the unfortunate occurrence between 4 38 trial of dr. abner baker. Baker and Bates. Witness saw Dr. Baker in Lancaster, in the spring of 1844, but did not converse with him. Saw nothing unu- sual in him. [Not cross examined.j Robert Soper sworn, states—That he has knoAvn Dr. Baker a smart while. Thought him to be a tolerable smart man. Witness lives in Lancaster, and never heard Baker's derangement mentioned, until after Bates Avas killed. When Baker was in Lancaster, before he shot Bates, Avitness was in his company on the street. Saw him at a distance several times. Did not see any unusual excitement about him. Witness spoke to him, and he returned the salutation. Cross Examined by Defendant s Counsel.—Witness saw Dr. Ba- ker but once. Spoke to him, and he to witness. Paid no particu- lar attention to him. James A. Beasly sworn, states—That in the fall of the year 1844, witness saw Dr- William Baker and Dr. Abner Baker, in Greenville, South Carolina. Witness and the Bakers' stopped at different tav- erns. Witness went down to another tavern, saw Dr. Abner Baker and recognised him. They spoke, shook hands, eve. After talking together a Avhile, Dr. Abner Baker asked witness to take a Avalkwith him. He did so. He asked witness if he had heard of the killing of Bates. Told Avitness he was deceived in the woman he had mar- ried, and spcke of gentlemen who had been intimate with her. Nam- ed the Rev. Mr. Brown and others He also told witness that he had a difficulty Avith Bates. That he went to Knoxville, and lelt his business in the hands of some man in Clay. That he went back to Ch.y to attend to it. That he did not intend to kill Bates when he Avent down, but that Bates saw him about the same time he (Baker) saw Bates, and that he shot Bales for fear he would be shot. He told witness of the trial before magistrates, and the plea of insanity. That he Avas a smarter man than those who tried him, and that he Avas too proud a man ever to look through a prison wall That he would have no fears if justice could be done him. That Mrs. Bates and his wife knew many things that the world could not know. Dr. Baker seemed excited, but not more so than a man would under such circumstances. Baker asked witness if he thought he was deranged. Witness replied, he thought not. He asked witness if he thought he Avas justifiable in killing Bates. Witness told him from the circum- stances as detailed by Baker, he thought he was Cross Examined.—Dr. Baker named Mr. Bates as one man who had intercourse with his wife. That Bates came to his bed. That Mrs. Bates knew it. Witness knows the Rev. Mr. Brown, of Rich- mond, as a preacher and a school teacher. He is a man of unblem- ished character, and is liberally patronized as a teacher. Dr. Baker said that Mr. Brown commenced the seduction of his wife, at ten or tAvelve years of age, and operated upon her in the same way as de- tailed by Mr. James Garrard in his testimony, He seemed to be pleased when witness told him he was justifiable, and not deranged. Baker Avas talking to Avitness in the dark. Witness understands that he tioav thinks he has got more sense than any body else. He also trial of dr. abner baker. 39 mentioned one of his wife's uncles as having had intercourse with her. Said that his wife had commenced at an early age. That she was diseased, and would not be satisfied. Told about the certificates given by his wife. Said he did not force them. That James White had offered a compromise by money, but that he scorned such offers, and would not live with his daughter, because she was not virtuous Col. Hibbard sworn, states—That he has been acquainted with Dr. A. Baker since he was born. That he was occasionally absent from Clay county, but would return. Witness was sick last fall, and Dr. Baker attended on him during the spell of sickness, and was a sane man, in his opinion His sickness was a year before Dr. Baker was married. Witness was not about Bates' when Dr. Baker Avas married. Never heard him say anything about his wife. Never saw Baker after he made the first attempt on Bates' life. Looked upon Baker as sane, after the first difficulty between him and Bates. Witness heard 'Capt. Baker, the father of Abner Baker, say, at the August Court in Garrard, 1844, that he was deranged, and he (wit- ness) said that he must be deranged. Witness thought it strange that Baker wanted to kill Bates. Walker told witness that he and Mr. Woodward had agreed to tell Capt. Baker that Abner was deranged, in order to ease his mind upon the subject of his conduct toward Bates. Cross Examined by Defendant's Counsel.—The conversation be- tween witness and Capi. Baker was had before Bates was killed. After Dr. Baker married, witness saw him very little. Heard noth- ing of Baker's charges against his wife, of illicit intercourse, until after Baker came back from Lancaster. Did not hear Baker speak of Bates. Resumed by Commonwealth, states—That Dr. Abner Baker was kindly treated by Bates. All was friendly and kind. Bates talked to witness about Dr. Baker as a physician. Asked witness' opinion about him as such. Told Bates he thought him a good Doctor. Bates remarked to witness that if he (witness) thought so, he wanted him to speak kindly and well of Baker as a physician. Cross Examined by Defendant's Counsel.—After the first difficul- ty between Bates and Baker, witness saAv Bates on the bank of the creek Avith a gun. Witness said to Bates, "are you carrying your (run again?" He said yes. That Dr. Baker had made an attack upon him when he was not on his guard, and that if it had not been for Woodward, he (Baker) would have killed him. That Baker had then gone to Tennessee. That he did not know when he might see him again, and wanted to be as ready to kill Baker, as Baker was to kill him. Witness enquired the reason of the difficulty. Bates said that some time before or after Baker's marriage, Baker wanted to go into business, and wanted Bates to advance some three or four thou- sand dollars to purchase merchandize. Bates thought the sum was too large, and did not seem willing to let him have the money, and there was a seeming coldness afterwards. Bates seemed to think rhat was the only cause. 40 TRIAL OF DR. ABNER BAKER. DEFENDANT'S WITNESSES. Gustavus P. Quarrier sworn, states—That Dr. Baker call- ed to see Avitness some time before he was married. He had vis- ited a neighbor's child that was sick ; upon his return witness was in his office at the saw mill. Witness asked Baker if the child was sick. He said it was a little sick, and told him to go up and give the child medicine. Witness supposed that it was the next day that Baker Avanted him to go up. Baker said, Yes, he could go up and give the child medicine as well as any person. Said he had given the child an expectorant. Baker had left a dose of medicine at the house, but did not tell witness that he had left it. Witness thought the case was extremely dangerous. Witness asked Dr Baker to go home with him. This was about Twelve or one o'olock in the day. He said no, he would not go ; he was going to get married. That people did not believe it. Laid his hand on the bannister, and then rode off. Witness remarked to his wife, that Dr. Baker's conduct was singular. Witness had been very intimate with him. He seem ed to be under great excitement. His excitement seemed to be pro- duced from mentioning that he was going to get married. Cross Examined by Counsel for the Commomvealth.—Witness thought Baker's excitement Avas very strange. He appeared to be in a good humor. He told his family that there was something remark- able in Dr. Baker. Witness remarked to Baker, that getting mar- ried would put new springs in him ; and witness thinks the remark was the cause of the excitemeut. COMMONWEALTH'S WITNESSES. Hiram Hibbard sworn, states—That he has known Dr. Ab- ner Baker for some time. That he did not see him within a month before he killed Daniel Bates. That he heard nothing of his insanity until after Bates was killed. Witness was one of the guard over Dr. Baker, and states that he heard William Baker and Harvey Baker talking together near the jail—they were talking about Mrs. Bates, and they said that, to save Abner, they would siriK the reputation of Mrs. Bates. William Baker told witness that he was mistaken ; and witness replied that he might have been. He always looked upon Abner Baker as beyig of sound mind. Cross Examined by Defendant's Counsel.—States that he was reading a novel at the time he heard the conversation between Will- iam and Harvey Baker. Cant say that he was paying particular atten- tion at that time. That Abner Baker talks like a reasonable man, and witness has seen nothing to destroy his belief that he was of sound mind. Witness states, that he did say to William Baker that he would talk to Mrs. Bates. He said this when he was attacked by William Baker in the Court House; but Avitness was pressed to say what he did to William Baker; but if he had seen Mrs. Bates he TRIAL OF DR. ABNER BAKER. 41 would have told her precisely the same that he has detailed before the Court. The CommonAvealth again introduced William Woodavakd, to prove Dr. Baker's hand writing, and that he had received a letter from him, which was introduced and read as folloAvs: " Pogue's, Knox Co. Aug't. "Mr. James Y. Woodward, " Sir—I am truly glad, on reflection, that I did not give up those papers; and I hope you will take especial care of them for me. I am satisfied that the time will come when those papers will be of great use to me. The Whites must put me doAvn in order to sustain Susan: and Bates must aid them in order to sustain himself. "Yours truly, A. BAKER. " P. S. On the receipt of this Avrite and let me know Avhat has transpired since I left." DEFENDANT'S .WITNESSES. Jo. Coleman called and sworn, states—That he spoke to Daniel Bates just before he was killed; and Bates threatened Raker, and said, if Baker came back, he intended to kill him. I do not knoAv that he Avas armed. Cross Examined by Commomvealth's Counsel.— Bates told Avit- ness that the reason he Avould kill Baker was, that Baker AVfinted to lake his life before he left. That he knew Baker Avould kill him, and that he Avould kill Baker. Resumed by Defendant.—Bates said he looked for Baker in about two weeks. By Commonwealth.—Witness saw Abner Baker in New Orleans some time in May last. Witness took it to be him, and aimed to go to him, and he Avalked off. Witness is not certain it was Baker,' but thought it Avas. Mr. Redman SAvorn by CommonAvealth.—Witness saw'Baker as he returned from Knoxville the last time, but paid little attention to Avhat Avas said. Baker, hoAvever, said that he went on to Clay to set- tle his business. That Mr. Cobb and Mr. Morris told him that Bates had threatened hie life. That he was afraid he would be kil- led before he got to Manchester. That he got to Bates' furnace, and got off his horse, stepped a feAv paces, and shot Bates. That he went up the creek, then came around to the house, and heard Bates groan. Then Avent over the creek and up the bald hill, by Gen. White's. and Avent to Hugh White's. Baker asked Avitness, Avhen Avitness was guarding him at Col. Garrard's, before the first trial, if he kneAvany one Avho would be a good Avitness for him. That if he did. he (Ba- ker) had as much money as any person. Frank White again called by Commonwealth.— States, that Daniel Bates told him, that he Avas glad that Baker had left the Gounty. Witness told Bates that Dr. Baker said, that he (Bates) was afraid of him. and that he just kept him (Baker) at his bouse, 4* 42 TRIAL of dr. abner baker. to protect him from the Ganards and others. And witness then re. lated to Bates, that witness had been at St. Louis, and seen. Dempsy White; and that White was with witness a great deal, and witness had confidence in him as a friend; and that he afterwards learned he was a robber, &c. Bates then remarked, that he had had confidence in Dr. Baker, and that the d—d fellow could have led him out like a horse to grass, and killed him. Bates then leaned over a barrel and cried like a child. . , Dr. Reid called by the Commonwealth and sworn.—1 hinks that a person partially deranged can distinguish right from wrong. Suppo- ses that a person who can lay all his plans for carrying out anything desired, to be accomplished—would not be laboring under insanity. Cross Examined by Defendant.—States that there is such a thing as monomania. That in the sphere of the particular derangement, the subject could not distinguish between right and wrong. Witness has not expressed the opinion that Dr. Baker was insane, but has been of the opinion that Dr. Baker was laboring under illusions of mind in regard to his Avife. Resumed by Commonwealth.—Has known Dr. Baker several vears. Seen .him frequently. He was in the habit of talking wildly. Has wild views on some subjects. Witness understood there was a difficulty or fuss between James White and Dr. Baker. Saw Baker afterAvards, and thought he talked more extravagantly than he did be- fore. Heard no allegations of his insanby. Witness could not have picked Dr. Baler out as an insane person in the Court House. Examined by Defendant.—Witness said that Dr. Baker was a de- ranged man upon the subject of his wife. Witness has not heard the evidence. The defendant's counsel supposed a case, as follows :— Suppose Dr. Baker had told you that his wife had connection with men since she was nine years of age ; that Mr. BroAvn had connec- tion with her at that age; that Mr. Brown had also had connection Avith most of his school girls ; that his wife had connection with Daniel Bates, and with a negroe, Avhat Avonld be your opinion of his mind.' Witness states, that he would certainly pronounce him deranged upon that subject. Dr. Baker always had a quick eye. Witness has paid no particular attention to the subject of monomania, and is not a particular observer of the phenomenon of insanity ; but would con- form to his OAvn ideas of insanity, in preference to some or many Avorks on the subject. May be particular insanity, or general insan- ity. Witness had read elaborate treatises on the subject of insanity, but gives very little credence to Spurzheim. Never read Esquirel, Ray, and others, not heard by reporter. States that one or more fac- ulties may be deranged, and the others seemingly good. Thinks that Baker is irrational and insane upon the subject of his wife, from what he has heard of his conduct, ike. Commonwealth resumed.—The counsel for the CommonAvealth supposed a case, as follows:—Suppose Baker said that he would marry, and leave his wife, or not live with his wife ; and took inge- nious steps to kill Bates, and to avoid being hurt himself—would you TRIAL OF DR. ABRER BAKSH- 43 think him deranged? Witness replied, Cant say; but stated that (/ p- Baker was deranged certainly upon the subject of his wife.—Here //Z^K^'i the counsel for the Commonwealth supposed a case, as follows:— 4f^—/c If a man were to say that he intended to marry, and that he and his c^TT/^Jf wife would not live together—After marriage he separated from his f ^ wife, and took ingenious steps to kill a man ; and so conducted him- self as to avoid all danger of being himself killed—would you say that he was deranged ? Witness stated, that he would consider him smart, and not deranged. Witness further stated, that insane persons sometimes have lucid intervals; and in such lucid intervals, they are like other men—not deranged. Defendant.—The counsel for the defendant said to witness—Sup- pose the facts to exist in proof, as I have related to you in my first proposition or supposition, what would you say of Baker's mind?— Witness supposes that he was laboring under mental derangement after he was married. By Commonwealth's Counsel.—States that highway robbers and murderers commit irrational acts. DEFENCE, Thomas Eley sworn, states^-That he heard Hiram Hibbard de- tail his testimony. That witness heard a conversation between Dr. William Baker and Hibbard. Dr. William Baker, came into the Court House where Hibbard was-, walked several times across the room; stepped up to Hibbard and told him that he was mistaken about what he (Hibbard) had told was said between him (William) and Harvey Baker. And Hibbard said he might have been mis- taken, and if he was, he would go and talk to Mrs. Polly Bates and tell her about it. Harvey Baker said to Hibbard that, in.justice to his brother and sister he ought to go and talk to Mrs. Bates upon the subject. Commonwealth.—Dr. William Baker came into the Court House as before detailed, and when Harvey came in William Baker threat- ened Hibbard, and observed, that if Hibbard said what he understood he had, that he would knock his head off in a minute. Witness sbav no weapons. Hibbard yielded to Baker's importunities, and then said that he might have been mistaken. Witness understood William Ba- ker to swear. . Dr. Harvey Baker again called, states—That he and his brother William had a conversation near the jail; but recollects no such conversation-as that detailed by Hiram Hibbard. Such an idea was foreign from his feelings. States that Polly Bates had made some statements, or certain statements, and afterwards denied them; snd witness and his brother William Avere apprehensive that if she was introduced as a witness, she might injure herself; and it was that fear of her injury, about which witness and William Baker were talking at the time Hibbard said he heard certain statements. Abner Baker has been importuning his counsel to have Polly Bates sworn. Hib- 44 TRIAL OF DR. ABNER BAKER. // bard stated, when asked by his brother William, that he might have been mistaken. William Baker did not swear when talking to Hib- bard in the Court House. . Cross Examined by Commonwealth.—Witness understood that his brother William, and Abner Baker, called upon Waddy Thomp- son for a letter of introduction for Abner, to some person in Havana. Abner left Knoxville in open day. Witness advised him to go for the benefit of his health, and witness wished him to be kept quiet. He sailed from the United States before any indictment was found against him. WTtness had no apprehensions of another trial. As soon as the Governor's proclamation was made, witness Avrote Abner a letter and advised him to come home and stand his trial. Defence.—It Avas deemed important that Abner should spend the winter in the South, and witness thought it would be advantageous tn his health and mind to be among strangers Just before he left Knoxville, witness told him that he ought to leave some word lor his father. He did not seem to like it, but said he would do^so before he left. Just before he started, Avitness again reminded him of his father, and he promised to leave some word for, or to write to him. He told Avitness to write to him when he returned. Witness discovered a change for the better in Abner's health and mind. In this particular, he spoke in kind terms of his father. He was'evident- ly much improved in health when he returned from Havana, lie is now enraged at his counsel and witness, and will scarcely speak to witness, and thinks that Polly Bates will clear him. Commonwealth's Counsel.—Witness thought that there'might pro- bably be a prosecution. Understood that there was a bad state of feeling in Clay county against Abner. As soon as witness saw the proclamation, Avrote several letters to Abner to come and stand a trial. Armsted Adams sAVorn, states—He was at the house of Daniel Bates after the first difficulty between Bates and Baker, and heard Bates say that Baker had left for Tennessee, and that he intended to kill him Avhenever he saAv him. This was about two weeks after the first difficulty. Cross Examined by Commonwealth.—Witness never saAv Bakei afterwards. Bates said that Baker had attempted to kill him, and'" that if he came back he would kill him. J. L. Adams sworn, states—That he saw Dr. Abner Baker in April, 1841, and saw nothing to induce him to believe that he Avas deranged. His conduct at Mrs. McKee's was lold to him, and Avit- ness then said he Avas deranged upon a particular subject. Witness knoAvs Wm. McKee. He has been in the Asylum in Lexington for sometime. Previous to his going there, he passed about and done business. Witness has been a student of medicine, and thinks that if there is such a thing as monomania, Dr. Baker is certainly de- ranged upon the subject of his Avife. Cross Examined by Commonwealth.—Witness made up his opin- ion in regard to Baker's mind, from his conduct to his wife. Has known him a long time. Never was intimate with him. TRIAL of dr. abner baker. 45 COMMONWEALTH'S WITNESSES. Campbell Smith sworn, states—That he saAv Baker at Massie Cobb's on the day Bates was killed. Baker told witness to tell Morris to be about the camp when he come down. Baker came along after a while and called for Morris. Witness was sent to Squire White's after a broadaxe. Baker overtook him by Jo. Cox's and asked witness if any body had passed. Told him no. He then said to witness,, if any body does, say nothing about seeing me, for if Bates' negroes know it, they will waylay me in the woods and kill me. He then passed on. Met several others. Witness was in sight of him several times, but he conversed with witness no more. Mr. A. D. Clark sworn, states—That Hiram Hibbard is a man of truth. Never heard it doubted until to-day. The counsel for the prisoner say they do not assail Mr. Hibbard's character. DEFENDANT'S WITNESS. George W. Smith sworn, states—That he saw Dr. Baker fre- quently in Lancaster, when he was there with his wife. Saw some- thing singular in his manner and looks; and said in his family that something was the matter. He had a Avild, glaring look. Witness had been acquainted with him some 8 or 10 years, and saw some- thing unnatural in him. I Was one of the counsel of Abner Baker on his trial. I heard all the facts as they were stated by the witnesses. I have heard the foregoing evidence, as made out by Alex. R. McKee, read, and I am confident that it is in substance as it came out on the trial. July 24th, 1845. J. HAYS. I heard all, or nearly all, the testimony as it came out on the trial of Dr. Baker for the murder of Daniel Bates. I have heard read, and have examined, the foregoing evidence, as made out by Alex. R. McKee, and 1 am confident that it is substantially correct. July 24th, 1845. THEO. L. GARRARD. Dr. William Richardson, sworn on behalf of the Defendant, states—That he has been a practising physician since 1806—that he practised 32 years of the time in Lexington and vicinity. That he is a graduate of no school; received an honorary degree from the surgeons and physicians of New York. He is now one of the pro- fessors in the medical department of Transylvania University, and has been since 1815. He commenced with the institution. That 46 trial of dr. abner baker. he has studied the department of insanity in the same manner that he studied other branches in medicine. Has studied it for 30 years, and during that time had extensive observation in private practice, and in the asylum at Lexington. There are very feAV cases ever seen that are general mania; in almost all cases some of the powers of the mind are left. There are some cases however, where the mind is all gone—the subject loses the identity of their own per- son, their name, &c. &c. In ancient times the opinion prevailed that the moon had an influence or governed the mind, but that doctrine has long since been exploded. Medical men think that madness cannot exist without disease of the brain, any more than disease can exist in the stomach, and the individual be in good health. In mad- ness, and in every form of it, the brain is involved. The brain in front and at the back part of the head perform different functions: in the front lies the intellectual organs, and at the back the animal. It is the case sometimes that insane persons reason with more power than sane persons. Witness has investigated a case as follows: In the year 1823 or '24, Mr. Cuthbert Bullitt, son of Gov. Bullitt, married Dr. Willet's daughter. He was a lawyer and a man of great accomplishments—had ample fortune His wife Avas an accom- plished lady. They settled on a farm shortly after their marriage; he grew jealous, and charged her with inconstancy. She kept it from her friends for some time; she then told it to her father. Her father talked to Bullitt, and argued, and protested that she was inno- cent. Bullitt would give insufficient reasons for his jealousy. He still persecuted her with it. At length an investigation was had, a trustee appointed, and he sent to the hospital. Witness was called on to attend him. He saw Bullitt the day after he was put in the hospital He sat in the parlor and talked rationally about friends, sisters, &c. Witness ventured to ask for Dr. Willett—a change came over him—he made some remark about his wife; be then went on with his charges against her, and became perfectly furious. Witness subjected him to the ordinary treatment. He would not make known his difficulties lo every one. Witness directed that he should be brought to Lexington. When Bullitt came to town, which he did often, he walked the streets—supped with Avitness fre. quently—and his (witness') family never knew he was deranged. He remained in the institution several months—went home__and now lives Avith his wife in harmony and quiet. There was no doubt entertained by his friends and others of his insanity. Witness has visited, conversed with, and examined Dr. Baker, and has no doubt of his insanity. His pulse, his temperature, the hang of the muscles of his face, and his eye, give strong and indis- putable evidence of his insanity. He formed his opinion from exam- ination, and from hearing the testimony adduced on the trial. That he has not, in all his practice for 30 years, seen a better and more interestingly developed case of monomania. That the position he • sits in, is a strong indication of the disease, and that he (witness) could have picked him out of the crowd in the courthouse as a monomaniac. J trial of dr. abner baker. 47 Cross Examined, states—That it is difficult to define insanity. If you undertake to define it like Gall, you might have the world de- ranged. [The witness here gave a definition Avhich was not correctly un- derstood by the reporter.] The Counsel then asked witness—If he did not come to Clay coun- ty, before he heard the testimony, to swear that Baker Avas deranged? Witness answered, that he was told before he left home, that Dr. Baker had killed his brother-in-law, Mr. Bates, last fall—that the plea of insanity was to be relied on in his defence, upon the ground of his treatment to his wife, &.c. That he heard in Lexington, from a medical gentleman (who attended the trial, and was a witness be- fore the examining Court,) a detailed account of the transaction; and he then entertained the belief, that if the facts were as represented to him, that Baker was of unsound mind; and he came to Ctey to hear the testimony, and apply the facts to his knowledge of insane persons—and if he then believed that Baker was deranged, to swear it, if called upon. That he found, upon hearing the testimony, that all had not been told him, and he is clearly of opinion, since hear- ing the testimony, that Baker is a monomaniac. Question by Commonwealth's counsel. Doctor, is or not derange- ment becoming much more common in this country? Answer. It is. Question. Can you tell us why it is so, Doctor? Answer. There are many, very many, causes. The very genius of our government tends to produce insanity. Question. Doctor, do you believe that a free and liberal govern. ment like ours tends to produce derangement? Answer. I certainly do. • — The above is written out from notes taken by me of Dr. Richard- son's testimony, (which is correct as far as it goes.) and Avas not in the copy laid before the Governor, but is in substance that which was laid before the medical gentlemen, Avho gave opinions in this case. The reason this was not before the Governor is, that I under- stood Dr. Richardson's testimony would be Avritten out by himself, and accompany the testimony to be handed him. The following is a copy of Dr. Richardson's testimony, laid be- fore Governor Owsley: Dr. William H. Richardson, in answer to interrogatories, testi- fied that he had been a practising physician for 39 years. Had been ever since 1817, a professor in the Medical School of Transylvania, and had often visited and examined the Lunatic Asylum at Lexing- ton, and had acquired an extensive knowledge, theoretical and prac- tical, of the phenomena of insanity in its various forms and degrees. He had within the last two or three days, visited, examined, and con- versed with the accused (Dr. A. Baker) in the jail. He found his physical condition and appearance evidently those of a deranged 48 TRIAL OF DR. ABNER BAKER. man. His pulse, his temperature, the hang of the muscles of his face, the expression of his eye, his tongue, and his whole appear- ance and bearing were clearly marked as just such as invariably accompany and follow monomania or intellectual insanity on one or more subjects, whilst there is apparent sanity on all others. And these physical signs Avhen, as in this case, they are well developed, he considers infallible. Moreover, in his conversation, Dr. Baker, Avhen on the subject of Daniel Bates or his own wife, was furious, wild, incoherent and erratic, and seemed to believe, and asserted Avith a conviction apparently intuitive, facts that seemed to the wit- ness not only very incredible but impossible. And Avhen on those sub- jects, his eyes became singularly red and excited and obviously maniacal. From this interview alone, the witness could not doubt that Dr. Baker is insane on the subject just alluded to—and he doubts not that he is even more than a monomaniac, he thinks that he is running into general insanity. The witness also testified that he had heard all the testimony which had been given for the Commonwealth and for the accused, and on that alone, and even on that of the Commonwealth,, he did not doubt that Dr. Baker was, when ke killed Daniel Bates, insane in respect to Bates and his own Avife; nor that the killing of Bates Avas the direct offspring of that unsoundness, and was the result of a mor- bid delusion so strong and stultifying as to render him unconscious of doing any moral or legal wrong in that act. He testified that monomania, in its various and almost infinite forms, is the most prevalent kind of mental derangement. That it proceeds from some physical derangement operating oh the brain, so as to pervert or distort its functions and impress wrong or delusive images or imaginations, which cannot be discredited by the subject any more than true impressions and images can be^discredited or dis- believer] by a person perfectly sane in body and mind. This spe- cies of insanity, either moral or intellectual, and generally both, is most frequently that Avhich is exhibited in lunatic asylums—and it is of such a character as generally to elude the observation of un- skilful persons, and often to deceive the most learned and expe. rienced observer. He considers this case of Baker one of the best, if not the very best, defined, and clear cases of particular insanity he has ever seen or read of. And he considers a person who is insane on one subject, as totally insane in effect as to all ideas and acts within the range, sphere, or influence of that particular derangement. TRIAL OF DR. ABNER BAKER. 49 JUDGE ROBERTSON'S ADDRESS. The Avreck of God's image now before you, under trial for murder, en- tered the threshold of manhood, with hopeful prospects of a long, useful, and honorable life. Richly blessed Avith personal graces and mental gifts, he cast his lot among you, and commenced his professional career, as you all know, under a clear sky, beaming Avith gilded promises. But how de- ceitful often are the brightest hopes of men. Already he, whose young liorizon was so recently bright and promising trembles on the precipice of a yaAvning gulf, under a black cloud that hangs portentous over his destiny. Doomed to the greatest of earthly calamities—an eclipse of mind—and, us a consequence of that tremendous misfortune, doomed to be the blind instrument of a brother's death—he- is now also doomed to an ordeal rare, if not unexampled, in a land of justice, liberty, and law. The man he killed, influenced on his death-bed by a strange spirit of revenge, bequeathed $10,000 to insure his conviction and execution, prom- ised freedom to a slave on condition that he Avould slay him, and as a leg- acy to his OAvn infant son, charged him to see that his victim should cer- tainly fall by the hand of vengeance. Although he was tried and acquit- ted by an examining Court on the ground of insanity', and Avas then sent by his friends to a southern climate for the improvement of his health, yet the Governor of Kentucky, at the instance of some of the kindred of the deceased, issued a pj^elamation advertising him as a fugitive from justice, and the prosecutors offered a high reAvard out of this legacy of §10,000 for his apprehension. As soon as his honorable father saw that proclamation, he brought his unfortunate son to the jail of your county, in Avhich he has ever since beeb most uncomfortably imprisoned, at the peril of his life. But here he is, voluntarily surrendered for trial in the midst of a high and pervading excitement against him, produced, Ave knoAV not hoAv, in the county of his numerous, Avealthy, and influential prose- cutors—relatives of the deceased, and one of them the husband of a sister of the accused. And to such an extent have this excitement and prejudice run that it is not noAV possible to be sure of a sober and impartial trial; for you knoAV that even each of you avowed on examination, that you had formed an opinion as to his guilt, and we all behold armed men wherever Ave turn our eyes. Yet, confident that the law and the facts ought to insure his acquittal, his friends determined to hazard a trial even here and now—believing that no honest and enlightened jury can, after a full hearing, feel author- ised to find him guilty of murder, as charged. But the legacy of blood must do its full work—and as one of its fruits, Ave behold the appalling spectacle of four able counsel all zealously seeking, in the name of the CommonAvealth, the life of the accused. Apprehensive that the official organ—though knoAvn to be faithful and competent— might not exert a moral influence sufficient to insure the object of the legacy, the prosecutors have employed the celebrated gentleman of Mad- ison—not still sure of their victim, they also employed the eloquent gen- tleman of Knox—and, "to make assurance doubly sure," they have added to this formidable array the shrewd and dexterous gentleman of Laurel. Having already the prepossessions of the county of trial, they have thus secured, as far as theyr could, the combined influence also of Madison, Knox, and Laurel. And you have seen this four-horse team pulling, as for their own lives, the heavy load of this prosecution, and, at every up-hill step of the hired three, you might have heard the whip of the $10,000 crack over their heads. 5 30 TRIAL OF DR. ABNER BAKER. We do not complain that the CommonAvealth is represented by extra counsel—nor do we object to the unusual number. But we do rightfully complain that the hired supernumeraries have argued this casi not so- berly and solemnly on the law and the testimony—but, by leaving the field of legitimate argument, and, by assumption and declaration, struggling to inflame your passions and deceive your judgment. It is a melancholy truth that, in some respects, they have all argued as if they Avere speak- ing to earn contingent fees and please their clients, instead of faithfully and candidly representing the Commonwealth. And, thus seeing money in one scale and blood in the other, Ave have cause to fear that the money will outweigh the blood, and that our cause may sink under the weight ot a combination unsurpassed in activity andAvealth. The gentleman from Madison, Avho opened the argument, devoted at least one hour to the irrelevant purpose of proving the alarming preva- lence of crime and immunity, and the importance of convicting and hang- ing "one of the ruffle-shirt gentry" and especially "a .Doctor or a Lawyer." Was he then representing the Commonwealth? Does she rlesire unjust conviction by such appeals.' And Avhen the law and the facts require conviction, is it ever necessary and proper for her to make the demagogue's harangue? The guilty should be punished, and 1 know that too many have escaped. But it is the art of lawyers, chiefly ;md not so much the ignorance or compassion of juries, that has paralyzed the criminal law. And my friend from Madison must allow me to remind him that no crimi- nal advocate within his range of practice has been more instrumental than himself in preventing the condign punishment of the guilty. And I am not sure that his resort, in this instance, to his accustomed aits in the de- fence of criminals, may not do for the Commonwealth what he has so of- ten done against her—produce an unjust verdict, /am for upholding and enforcing the law. But does not this gentleman knoAv that the knv i.» made for the protection of the innocent even more than for the punish- ment of the guilty? We too invoke the law—and in its name, and under its panoply, we ask for an acquittal; for we feel that nothing but God or the law can save the accused from the powers of destruction that are com- bined against him. It is not mercy so much as money that has effected ihe escape of criminals, and thereby encouraged crime. And the only danger now is, that money mny produce the opposite result—the condem- nation of a guiltless man. And does the gentleman, suddenly changing from the advocate to the prosecutor, expect to restore the law he has so much helped to paralyze, by hanging an insane man, one that is scarcely the shadow of a man? And why does he so Avish? Why now shall insanity be hung? And why has guilty sanity so often escaped the gal- Ioavs through the gentleman's influence? "The Imx of money is the root of all ecil!" It is this, more than any thing else, that saves the guilty— and it is this, too, that the accused in this case hns most to fear. The same counsel, not being able to meet fairly the conclusive testimo- ny of Dr. Richardson, assumed that he is himself rather insane on the subjects of phrenology and mesmerism—and told you that these "Lex- ington Doctors," one of whom Avas brought here "to enlighten and aston- ish ignorant mountaineers," could look at you and through you, and feel your pulse aid your head, and "then tell you all you are, and all you think and feel." Is this a grave argument of our just mother, the Common- wealth? Was there any testimony which could give even color to these improper assertions? / know that Dr. Richardson has no faith in mes- merism, and but little in phrenology. And, though he is a Lexington Doctor, I presume that truth from his lips will be as true in the moun- TRIAL OF DR. ABNER BAKER. 31 tains as in his oAvn city. But he is "an enemy to free government" said the gentleman. And what if he be? Does this impair the force of his evidence, or tend to prove the guilt of the accused? J will tell the ac- cuser that Dr. Richardson is as devoted to the free institutions of his country as he himself, and was risking his life in the Northwestern Army, in the year 1H13, Avhenwe were both at home learning or practising law. But such a course of argument as this should be answered in a manner more light and ludicrous, and I will, in that way, give it and much else like it the finishing blow by an appropriate anecdote. When the steam locomotives first began to run from Lexington to Frankfort, a little curly- headed and horned animal with a bobbed tail, while grazing on the poor lands near the latter place, seeing a car approaching him with its accus- tomed force and velocity, and thinking that this great "Lexington" ma- chine was no greater or better than himself—though only a scrub of the Franklin hills—fixed himself in the track and, drawing himself up for battle, gave it a triumphant butt as it approached him; and, as might have been expected, he was thrown several rods and effectually "used up:" at the sight of Avhich a venerable gentleman exclaimed, that he admired the animal's courage, but thought very badly of his discretion. Noav, whoever has the temerity to butt agaimf this Lexington Doctor and ridi- cule the facts and the law on which Ave rely, should remember the doom of the short-tailed bull. On this subject let the counsel take this coup de grace. But the gentleman from Knox, after pouring on you floods of his elo- quence, endeavored to alarm you by telling you that, like Hannihcd,, young Bates had made, to his deceased father, a solemn pledge to avenge his wrongs—and that, as Hannibal had sAVorn that he Avould destroy Rome. this youth had asseverated that he would kill the prisoner at the bar— thereby intimating £hat you ought to hang him, to prevent his being shot! A.nd does this too come from the mouth of the CommonAvealth? It is not only extraneous but signally unlucky. Let it be remembered that, after the battle of Cannae, Hannibal was compelled to desert Italy—Scipia rarried the ictr into Africa, vanquished him at Zama, drove him to inglo- rious exile and death, and destroyed Carthage—and that, years afterwards, Caius Mari.its of Rome sat, a hopeless exile, on its melancholy ruins. We desire peace. We appeal to the law. There have been war and blood- shed enough. But if the menaced crusade against the life of the accused shall be lawlessly waged, then, too, the Avar may be carried into Africa, and a proud Carthage, instead of devoted Rome, may fall never to rise. The gentleman from Laurel also has gone out of the way to excite and deceive you. He has read to you the Mosaic law on homicide, and shown you that, by that law, the manslayer could legally escape the aven- ger of blood only by fleeing safely to "a city of refuge" And does he wish you to understand that such is the law here? If it be, the accused has reached a city of refuge. His country is that city, and you are that coun- try and that refuge. And if you will determine his doom from the law and the testimony alone, Ave feel that he is safe, and fear not the avenger of blood. Instead of arguing the question of insanity, the same counsel has also endeavored to ridicule the insane expression of the prisoner's countenance. and said that it showed only the mark of Cain. This idle assertion is contradicted by the unanswerable facts—and therefore those facts have been answered only in this unauthorised manner. And, in reference to ill these unusual efforts made by the three hired counsel, I must be per- mitted to warn them that, in my opinion, if the prisoner 6hall be hung. their hands Avill be dyed Avith his blood. 52 TRIAL OF DR. ABNER BAKER. But, gentlemen, I am sorry that I felt it my duty thus to notice frag- ments of the great mass of extraneous matter that has been thrown into the argument of this case by the triumvirate counsel of the prosecutors. I knoAV that all such irrelevant arguments indicate the want of any that are better; and therefore ought to operate for us rather than against .us. But lest you might be improperly affected by them, duty to my client re- quired that I should take sonre preliminary notice of them. They shew the spirit of the prosecution. I Avill hoav proceed to those facts and to that knv, according to Avhich you are sworn to decide this case: and I will not again depart from them. Our chief defence is insanity—though Ave would not despair of an ac- quittal of the charge of murder on the ground of aggravated provocation and strong necessity of self-defence. The Commonwealth herself has proved that the accused, antecedently to his marriage, often declared that Daniel Bates had maltreated his own Avife (the sister of the accused) by lying, every night for nearly a year, on the floor in her bed room with a negro Avench, and frequently going to his Avife's bed and drawing a bowie knife across her throat and threatening to kill her—that she invoked his (her said brother's) protection, and entreated him to remain at their house to save her life—that Bates, understanding this, became, therefore, very hostile to him, had conspired with his slaves to take his life, and had, in fact, attempted his assassination. And it appears that, on one occasion, the accused, Avhen in the town of Manchester, received a note from his said sister warning him not to return to their house that evening, because, as she Avrote, her husband Avas prepared with guns to shoot him from an upper room as he Avould approach the house. The Commonwealth having introduced these facts, they are legitimate evi- dence, which you have both a legal and moral right to believe. If they be false, the prisoner's belief in them is evidence of his insanity: and if they be true, they must operate powerfully in his favor. The fact, that he was undoubtedly insane, afterwards, as to his own Avife and the imputed connexion of Bates and others with her, cannot destroy the credibility of these facts as to Bates' conduct to his own wife and his determination to assassinate the accused; for a person insane on one subject may know the truth on another. Besides, there is intrinsic evidence of the truth of all that the accused said and seemed to believe respecting Bates' treatment, to his wife and himself—or he aatis undoubtedly insane on that subject also; for, if there was no ground foi- this belief—there is no adequate or even rational motive for his great hostility to Bates, and his susjncions of his designs on his life, before his marriage. Then, not only have you a right to accredit them, but in charity and justice, you ought to believe them, as there is no proof of their impossibility or even great incredibility. 11/ere is no disproof of any one of them. Moreover, on the day of the catastrophe and before the accused had reached the fatal spot, he was told by several persons whom he met on the road, that, since he left Kentucky, Bates had declared that, if he should ever return, he would shoot him on first sight—that he and his slaves carried guns for that purpose—and that he was then at his furnace on the only road the accused could travel to Manchester, the place of his destination— and some of those informants urged him not to pass the furnace until night. Being resolved, hoAvever, not to leave the highway or hide himself and steal along in the dark, he endeavored to procure a gun, so as to have some chance of defence against the guns of Bates and his slaves; but failing in this defensive object, he Avent on with no other weapon than one of the smallest of pocket pistols. Now these simple and undeniable facts, forbad TRIAL OF DR. ABNER BAKER. 53 the presumption that the accused, before he heard them, intended (if he were then sane) to shoot Bates when and where he did—for, as a rational man, he could not have hoped that he could be able, alone as he was, to succeed in killing hira at the furnace with a small pistol and at a distance of 18 yards. But as a sane man, hearing what he had, he must have ap- prehended that, in passing the furnace, Bates must see him before he could escape the range of his gun, and, so seeing, would shoot him, unless he could, on a forlorn hope, accidentally shoot Bates first with his pistol, and thus possibly save his own life. If he were rational, had he not abundant cause for such apprehension?—and did he not thus reason, think, and act to save himself from destruction? If so, the law read on the other side acquits him. Was he guilty of cold blooded murder? Who could hang him on sucli facts? But the fact that the accused incurred so much unnecessary peril, and acted with so much temerity is strong evidence of his insanity. And it is not only probable, but almost certain, that had he been perfectly rational and self-poised, he Avould not have passed the furnace as and when he did, or that he would not have shot Bates then, if ever—although Ave maintain that he had a right to pass the highway in daylight, and to defend him- self. Upon the facts as proved, is not this case one of justification or of very strong mitigation, even if the prisoner had been as sane as you? But he was insane, and this we will now endeavor to prove. Both the mind and the body of man are, in the ultimate sense, incom- prehensible. We know that our being is of a two-fold character: physi- cal and mental. We know also that the physical element of our nature is material and mort-d, and we believe that that Avhich is rational and moral is immaterial and immortal. And consequently, man is the sub- ject of two distinct sciences—physiology, or the phenomena of animal life—and psychology, or the phenomena of the spirit or soul. Vitality, whether vegetable or animal, we cannot understand. The material or- ganization, Avhich produces and sustains physical lif", or is produced and sustained by it, we may well comprehend. But being so constituted as not to be able to understand any ultimate truth, element, or principle, but only their phenoininal developments or results, we can know no more of the principle of life than of that of gravitation or electricity. We do, hoAvever, know that animal life depends on physical health—and that de- rangement of the body, whether organic or functional, is unsoundness or disease. So also we all know that life, even of the lowest grade in the scale of animal existence, feels, perceives, remembers, and is self-conscious, and consequently, it is not easy to discriminate the essential difference, except in degree, between the mind of a man and that which we may de- nominate t'oe mind of a horse. The distinctive difference, as generally recognised, is that between reason and instinct. The beaver, the bee, and even the caterpillar, and every living creature, possesses the faculty of adapling the means of existence and enjoyment to the ends of that exist- ence and enjoyment. The silk-worm knows, and finds, and feeds on, the mulberry leaf, and the calf and the child alike know, and find, and suck, as soon as born, the mother's pap. This adaptive and conservative power, common to men and brutes, may be called the understanding: and the health and perfection of this depend necessarily on the soundness and per- fection of the physical organism. But man possesses'a hi»her faculty—a power both moral and intellectual—a capacity to knoAV all his moral rela- tions and obligations and to ascertain, by analysis or induction, abstract truth, mathematical truth, ultimate truth. It is this that ennobles his na- ture and elevates him far above all other animated beings. This ennobling 54 TRIAL OF DR. ABNER BAKER. attribute we may, for the purpose of contradistinction, call reason. Many enlightened minds believe that the understanding or instinct of sound ani- mal life, is the offspring of organic matter, and is, therefore, material and perishable; and that the reason, peculiar to man, is alone immaterial, and is, of course, indivisible and immortal. But it is not necessary here cither to detain or confuse you by specula- tive reosonings on metaphysics or by e!al orated theories either phreno- logical, physiological, or psycological. Kvery person knows that the mind of man—ui.d Tstanding, reason, and all—as long as that mind co exists with the body, is affected by the coi;d,ton of the body: the lluory of dreams, the influence of sickness, of it.fincy and of old age, on the mind, are alone sufficient to prove that reason iis-df, however ethereal and pure, is dependant on the p-if ct:on and soundness of the physical organs, through the instrumentality of which it acts and is acted on in the entire drama of earthly existence. All that is ext rnal is communicated to tht mind by the material organs of sense. These are the heralds of the mind: and we are so constituted as not to be able to discredit the testimo- ny of our senses. Consequent y, sensible facts are, and must be, as much accredited as intuitive or self evident truths:—and, when the mind reasons or acts from these premises, its deductions or its acts are inevitably wrong whenever the premises are wrong. The brain, which is the centre of the nervous system, is the seat and throne of the mind. If the reason be im- mate.ial and immortal^ cannot be unsound: but still, as it acts through the ministry of the brain, it must be either obscured, eclipsed, or de- throned by any unsoundness or disorganization of the brain. Whenever the brain is unsound it will, to some extent, present to the mind, false and delusive images, which the reason necessarily believes to be true, and of the falsehood of Avhich no proof or argument can convince it—because it must believe that which the senses communicate. When any organ fails to perform its proper function, it is said to be unsound; and, consequently, when physical unsoundness is the cause of false sensations, images, or im- pressions, which d hide the reason or pervert its action, the mind, depen- dant as it is on the body, is, to the extent of the delusion, said to be—and certainly, for all practical purposes, must be admitted to be—unsound. And this is intellectual hsaniry. It proceeds necessarily from physical disease or derangement—and is therefore nothing more nor less than the morbid imagination of a fct w'lich docs not exist—for the siqiposcd exist- ence of which there is no tvidence that could possibly operate on a sound mind—and of tht non-exiUence of which no proof can convince the reason. If, for exampl', the brain or organ of vision be so diseased as to present to the mind an object as red Avhich in truth is green, or imprint on the retina imaees of objec s Avhich do not exist, the mind is inevitably deceived, and, reasoning correctly from these facts and premises, impels erroneous be- lief and wrong action. And thus, while the reason is sound and the rea goning correct, the con !us 01 is false, because the foundation is deceptive__ the very source of thought impure—the premises imaginary and not real- And not only is the sourc of the delusion physical, but as long as the mor- bid cause exists, it Avill be impossible to undeceive the mad, because what we fee', or see, or hear, no extrinsic argument or proof can convince u« that we do not feel, nor see, nor hear. And we must reason and act as if what thus only seems to us, be, as it appears to us to be, undoubtedlv true. If, when your wife stands before you, a morbid condition of the brain, superinduced by some moral or physical cause, imprint on your mind ihe vivid impression of a tigress, a fiend, or a demon, no argument could convince you that it is your wife you behold, nor prevent you from TRIAL OF DR. ABNER BAKER. 55 acting as you would if indeed the object were what it seems to you to be. Your reason, however clear and true, drives you nevertheless to false con- clusions and erroneous conduct, because, assuming false premises to be true, it makes correct deduct ons from them; and the delusion is not in the faculty or process of reasoning, but in the imagination of a false fact the necessary offspring of an unsound condition of the sensorium. These delusive images, all produced by some physical derangement, are either illusions of the senses as to external objects, or hallucinations which arise from the internal feelings or emotions of a distempered body. Thus, from our own observation, as well as from authentic books, we know that, while the subject of delirium tremens imagines that he sees furies, hobgoblins, ghosts, and demons—another victim of delusion feels that his legs are glass, or, though a male, that he is in the family way—another that he sees a robber escape from his room through a key hole—another that he saw a stranger to his bed defile it in the illicit embraces of his faithful and affec- tionate wife—and another imagines conspiracies to ruin him and plots to assassinate him by his nearesf and best friends—another believes that he in the saviour of the world—another, like Hadfield, that his own destruction is a necessary offering to the peace and happiness of mankind—another, like the great reformer, Luther, imagining that he is beset by the devil incarnate, therefore throws his inkstand at his black majesty, and thus drives him from his presence—and another yet, feels like the great Pas- chal, the author of the famous provincial letters, who, while elaborating a beautiful solution of the cycloid curve, had himself tied in his arm chair, lest he might fall into a deep abyss which he imagined he saw yawning beneath his feet. Such illusions of the senses and hallucinations of the internal feelings are almost infinite in kind, as well as in degree. And, whenever they exist, their delusive influence on the reason and the con- duct of their victim, within the sphere of their operation, is as irresistible as it is certain. In each of these instances the delusion results from par- tial excitement or derangement of the brain, and in each there is, at least, particular insanity of mind, or monomania, which is insanity on some one subject only, and Avhich, as to that subject and every thing connected with it, may be as entire and incapacitating as universal insanity or a tout I eclipse of the mind would be as to all subjects. Insanity of mind, like that of the body, m;iy be partial either in the extent of its prevalence or in its degree of intensity. And although the Court has intimated and the coun- sel engaged for the Commonwealth has said that there is no such thing a* monomania, I am prepared to prove it by argument and an appeal to obser- vation, and to show also that there is not a treatise extant on insanity, or on medical jurisprudence, Avhich does not. recognise and define it. I know that the vulgar notion of insanity supposes fury and total deprivation of reason, and 1 know, too, that it is not easy to convince the popular mind that a person is insane who can reason Avell on most subjects, or even on any subject. But both science and law recognise particular insanity while the victim of it may be apparently sane and rational on all other subjects than that in respect to which there is insane delusion. And this mental derangement Avhich is partial in the extent of its sphere is, in its various kinds, the most prevalent, form of insanity intellectual or moral. It fills the lunatic asylums—and there is not one of them in which a majority of the patients do not belong to that class, in one form or another. It is no new thing, therefore: and I am surprised to hear any who profess a knowledge of jurisprudence speak of it in a spirit of incredibility and rid- icule. 66 TRIAL OF Dfi. ABNER BAKER. A few quotations will impregnably establish all Ave have said or shah* ask you to believe on this interesting subject. Esquirol was superinten- dant, for 40 years, of the lunatic asylum, at Ciarinion in France. He was an eminent medical philosopher—devoted extraordinary attention to men- tal unsoundness in nil its various forms—and his elaborate and learned treatise on insanity is, therefore, not only entitled intrinsically to unusual respect, but is referred to as a standard authority by medical and legal men. Ray's "Medical Jurisprudence" is also entill d to great respect because it is an American production nf extraordinary ability, and is devo- ted altogether to the single subject of the m dico legal character and ef- fects of insanity. On thes" two books, therefore, I shall chiefly draw. And here let me premise that modern writers on insanity, and even many jurists, recognise a morbid derangement of the moral faculties ns distinct from that, of the intellectual. How far any such merely moral insanity may exist Avithout some intellectual derangement also I do not pretend to know. But I do not doubt that, a3 our moral and intellectual natures are indissolubly associated and intertwined, moral derangement is the necessary consequence of intellectual insanity, and is co extensive Avith it. For example, when the mind of Hadfield, in consequence of some morbid derangement of his brain, labored under the insane delus.ion that he mustcff r himself a sacrifice to the welfare of his race, and, being opposed to suicide, therefore determined to assassinate his sovereign, George III., as the certain precursor of his own execution for murder and treason. I doubt not that his moral nature was also so far deranged as to induce him to believe that, though murder was a crime, yet, in that particular ease, he Avould b> guilty of no violation of the law of Cod or of man—or the delusion must have been so overwhelming as to have destroy- ed all moral resistance. And such was the argument of his counsel and must have been the opinion of the jury who acquitted him. How far moral insanity, if there be such a thing alone—such as—pyrom.av.ia, or an irresistible passion for incendiarism—or erotomania, or an insane propensity for sexual intercourse—or kleptomania, or an overwhelming temptation to steal—should exculpnte its victim, I am not prepared to say: That it should excuse a criminal act in any ciise without any proof or presump- tion of inti-ll°ctual delusion also I cannot venture to assert. But I do main- tain thit. whenever there is any such moral insanity, it is either the pa- rent or the offspring of an associate intellectual insanity also. Mental un- soundness is, in my judgment, a two-headed monster—feeding at the same time on the intellectual and moral man. Esquirol, (p. 21,) defines mental insanity to be—"a cerebral affection, ordinarily chronic, and without fever—characterised by disorders of sensi- bility, wnders'anding, intelligence, and will. On the same page he makes the following quotation from Conolly:— "Insanity is the impairment of one or more of the faculties of the mind, nccompanied with or inducing a defect of the comparing faculties"—and from Prichard the following: "Insanity is a chronic disease, manifested bv deviations from the healthy and natural state of the mind, such deviations consisting either in a moral pervers'-on or a disorder of the feelings, affec- tions, and habits of the individual, or in intellectual derangement, Avhich last is som times partial, namely, in monomania, affech,ns almost impossible to make a jury understand such a case correctly; and, in this case, it was impossible to procure a jury that had not been excited against the prisoner, and formed an opinion of his guilt. ^Even the judge and all the four prosecuting attorneys, at first, and for a while, denied the existence of particular insanity or unsound- ness of mind on particular subjects. But they all, I believe, (and the Commonwealth's Attorney, I know,) became convin- ced of it during the trial. And I have no doubt that a jury of enlightened medical men or jurists, could not have been se- lected Avho wrould have hesitated five minutes, to find a ver- dict of not guilty. This is a novel and interesting case. It will be reported and become a leading case;, and allow me to say that, in my undoubting judgment, no case ever occurred which Avas more entitled to the interposition of the executive, whose power to pardon was given for no class of cases more clearly than for such as this. I am well satisfied that no informed man could have heard the trial and seen Baker, without being convinced, beyond a doubt, that he is now insane, and was even more so when he killed his brother-in-law. And it does seem to me that lie who, upon a full knowledge of all the facts, doubts Baker's in- sanity, would by such incredulity, exhibit himself, strong evidence of monomania—and I honestly think that the execu- tion of Baker would be a judicial murder. / never asked for the pardon of a convict, because the cases. in my judgment, are rare, in which the innocent are, through ignorance or passion, convicted. But I feel sure, beyond any 9 98 TRIAL OF DR. V.iXEB BAKEE. doubt, that such has been the doom of Dr. Baker, and that he ought not to be punished, but placed, (as he a\ ill be, in the event of a pardon.) in our Lunatic Asylum. Respectfullv. * G. ROBERTSON. Lexington, July 25, 1845. Post scrip! to Geo. Robertson's Statement. P. S. The foregoing was written when I did not know thai a transcript of the evidence on the trial, would be laid before you. But having been since furnished with a certified copy of that evidence, I present to you that as more satisfactory than my synopsis of it. But, as Dr. Cross' opinion was form- ed on this general statement of mine, I must, for the benefit of the opinion of that eminent gentleman, ask your attention to this statement, for the purpose of seeing that Dr. C.'s opin- ion on those facts, would certainly be his opinion on the cer- tified evidence. And I think that I hazard nothing in the opin- ion that no intelligent jurist or medical man could be found, who would entertain any other opinion when possessed of full information on the subject. G. R. Opinion of Dr. fas. C. Ci'oss, on the Synopsis of evidence pre- - pard by Geo. Robertson, Esq. From the statement within made of the facts, and which Judge Robertson assures me were proved on the trial of Dr. Abner Baker, for the murder of Daniel Bates, I have no hesi- tation in saying that said Baker is, and was at the time of the murder, laboring under monomania, if, indeed, there has not been a complete subversion of the faculty, of judging between what is right and wrong. This being the case, Baker cannot be regarded as responsible for his conduct, and therefore. should not be subjected to the penalty which has been decreed by the jury. JAMES C. CROSS, Late Prof, in the Medical School of Transylvania. To His Excellency, William Owsley, Governor of Kentucky: The undersigned, composing the jury that found a verdict of guilty in the prosecution of Abner Baker for the alleged murder of Daniel Bates, feel it their duty to recommend him .to your Excellency as a fit object of Executive mercy. Whilst we felt constrained, by our opinion of the law and the evi- dence, to pronounce a verdict of guilty, we are satisfied that the said Baker, when he killed said Bates, and before, and TRIAL OF DR. ABNER BAKER. 99 since, was in a state of mental excitement and delusion re- specting his wife and said Bates, which may be considered in- sanity. And although we were of the opinion that he was, at the time of the killing, able to discriminate right from wror^, yet we believed that his said state of mind was such as to en- title him to a pardon. And we further state that the prisoner is, from his appearance, and from the evidence, in a worse condition of mind at this time, than at the time of the killing JULIUS X ROBINSON, ABRAHAM CARTER, WM. BISHOP, WM. B. ALLEN, BRYSON X! BISHOP, THOS. COOK. We say, from his present appearance, in our own judg- ment, we have no doubt the prisoner is insane. L. HOLCOMB, HENRY HENSLEY. This is to certify that the undersigned was one of the jury who tried Abner Baker on a charge of murder, in killing Dan- iel Bates: and do further certify, that it was proved by seve- ral witnesses that Dr. Abner Baker had, some three or four months previous, and at different times, told them that Daniel Bates, he believed, intended to kill him—that Daniel Bates had formed schemes and conspired with his negroes, and to carry those schemes into effect, he had sent his negroes out in ambush armed with guns—and that they believed that Baker thought, at the time he told them, that such were facts. It was also proved by several witnesses, that Dr. Baker had told them, at different times, that Daniel Bates treated his wife. who is Baker's sister, badly; and that Bates had, at different times, in the night, when his wife Avas in bed, wielded his Bowie knife over her head and throat and threatened her with instant death; and that he believed that Bates intended to kill her, and he was staying at Bates' to protect his sister, and they believed that Dr. Baker thought that the same was true. It was also proved by several witnesses, that Dr. Baker had told them that his wife was a whore, and that Daniel Bates had seduced his wife and had intercourse with her while he Avas boarding, with his wife, at Bates'; and that she had inter- course with her uncles and an old, ugly negro; and that her teacher had kept her since she Avas nine years of age, which statements they believed Dr. Bake^r thought were true at the time he told them. And from the evidence thev believed that 100 TRIAL OF DR. ABNER nAKER. Dr. Baker was deranged upon those subjects and not a fit sub- ject for example; but from our understanding of the law ap- plied to the evidence, we had to find a verdict of guilty. I do father certify, that if the delusions which were proved upon Baker had been facts, it would have been a full and good ex- cuse for killing him. And do further certify, that we did not, in the jury room, consider the works read on the part of the defence to be good authority, which works were Beck's Med- ical Jurisprudence, Ray's Medical Jurisprudence, and other works, which, if Ave had taken them to be good authority, we should have been obliged to acquit, or found a verdict of not guilty, from the evidence. And it Avas considered that the Commonwealth's Attorney was a sworn officer, and was bound to give the Avhole law governing us in the finding of our ver- dict. And some of the jury called upon the Court for some instruction, and from the general instruction given, we con- strued it to go so far as to make the prisoner guilty, if he knew that there was such a being as a God, or such laws in exist- ence as would punish the killing of a man; or knew, generally, right from wrong. But if Ave had understood that the instruc- tion would have excused him if he sincerely believed that he Avas called upon to kill Bates in self-defence, or was called upon by some superior power to kill Bates for his fancied in- juries, we should have been obliged to have found a verdict of not guilty. ABRAHAM CARTER. Clay County, set: This day, Abraham Carter personally appeared before the undersigned, one of the Commonwealth's Justices of the Peace, and made oath thqt the facts stated in the foregoing certificate are true. Given under my hand this 5th of August, 1845. J. IT. GARRARD, J. P. This is to certify, that the undersigned are a part of the Jury who set upon the case of the Commonwealth vs. Abner Baker upon a charge of murder, in killing Daniel Bates. And do further certify, that it was proved by several witnesses that Baker had told them some three months or more previous to the killing of Bates, that Bates had formed secret schemes to kill Baker at different times, and that at different times he had sent his negroes out in ambush, armed with guns, to kill Baker, which they believe was believed by Baker to be true. It was also proved by se\'eral witnesses that Baker had TRIAL OF DR. ABNER BAKER. 101 told them at different times, that Bates treated his (Bates') wife badly, who was and is Baker's sister, and that Bates had threatened her life, and he was staying at Bates' to protect his sister, and that Bates had, at different times, in the night. wielded his Bowie knife over her head, threatening her with instant death; which statement the witnesses believed that Baker thought was true. And also, it was proved by several witnesses that Baker had told them Bates had, at different times, had intercourse with his wife at his (Bates') own house, where he boarded at the time with his wife; and that her uncles and her old teacher had likewise had intercourse with her, and that her teacher had kept her since she was about nine years old, and they believed that Baker thought, at the time he told them, that the same was true, and from the evi- dence, they believed that Baker was deranged upon the above subjects; which evidence will be, oris already laid before you, as we are told. And from the evidence they do not believe that he is a proper subject for example; but from what we considered the law we had to find a verdict of guilty. We do further certify, that if the delusions which were proved upon Baker had not been delusions, but facts, that Baker would have been justified or excused in the killing of Bates. We do further certify, that we did not look upon the authori- ties which were read on the part of the defence as law, which authorities, or some of them, were Beck's Medical Jurispru- dence, Ray's Medical Jurisprudence, and other works; but they considered that the Attorney for the Commonwealth was sworn and bound to give the law which governed us in the finding of our verdict, and upon that impression, together with the general instruction given by the Court at the request of the Jury, we found our verdict. H. HENSLEY. JULIUS X ROBINSON. L. HOLCOMB. ZADOCK PONDER. Clay County, set: This day, Henry Hensley personally appeared before the undersigned, one of the Commonwealth's Justices of the Peace for the county of Clay, and made oath that the facts stated in the foregoing certificate were true. Given under my hand this — day of August, 1845. THO. J. McWHORTER, J. P. 9* 102 TRIAL OF DR. ABNER BAKER. Mr. Vernon, July, 1845. Dear Governor:—I am informed that there will be an ap* plication to you* Excellency for the pardon of Abner Baker, who was condemned by a Jury of Clay county for the murder of Daniel Bates. From the evidence in the case, 1 am in- clined very strongly to the belief that he now is, and has been for some two years at least, laboring under monomania. The evidence will all be laid before you, from which you can form your own opinion; and I should be very much gratified to see him pardoned. W. B. MOORE, Att'y for Com'th. Lexington, July 21st, 1845. To His Excellency, William Oavsley: Dear Sir:—I beg leave to make the following representa- tion to your Excellency respecting the case of Dr. Abner Ba- ker, lately tried in Clay count}, Ky., for shooting his brother- in-law, D. Bates. I was induced to attend, the trial, and whilst there examined Dr. Baker in jail before the trial came on. I found him in a high state of mental excitement, with manifestations of bodily derangement; such as quick pulse, cool extremities, countenance wild and unnatural, the muscles of his face flaccid and of a peculiar hang, with a fierce, wild, and ferocious expression of his eyes—this latter symptom was greatly aggravated when he dwTelt on those subjects, or delu- sions, that led to the unfortunate and unnatural murder. I learned his appetite and digestion were irregular, and his sleep imperfect and irregular. When in conversation, his manner, attitude, and tones of voice all indicated mental alien- ation. I heard the material and circumstantial evidence on both sides, detailing as well the manner and circumstances at- tending the murder, as his previous and subsequent conduct, the motives that seemed to impel him to commit the act, the probable provocation, &c. &c. From all the facts and cir- cumstances of the case, I became thoroughly satisfied he la- bored under mental derangement caused by a morbid state of the brain, and so expressed myself under "oath to the Jury sworn and cmpanneled to try the case. I could embody copious extracts from the testimony given by the Avitnesses on the trial, as evidence of the correctness of the professional opinion above given. It would be, howev- er, on my part, uncalled for and irrelevant, especially as your Excellency will, in all probability, be furnished with it in an authentic and accurate form. From a thorough conviction oi TRIAL OF DR. ABNER BAKER. 103 the insanity of Dr. Baker, before and at the time of his shoot- ing his brother-in-law, D. Bates, I beg leave most respectfully and earnestly to commend him to your Excellency as a prop- er subject for Executive clemency and mercy. With assurances of great respect, I am your obedient servant, W. H. RICHARDSON, M.D. To William Owsley, Governor of Kentucky: The undersigned, members of the Medical Faculty of Tran- sylvania University, having heard from Dr. W. H. Richardson a recital of the material facts proved, as well by the Com- monwealth as by the accused, in the late prosecution of Dr, A. Baker, for killing his brother-in-law, Daniel Bates, in Clay county, in this State, feel it to be their duty, as well as their privilege, to declare to your Excellency their conviction that before, and at the time of said homicide, the said Baker was of unsound mind, in fact and in law; that he labored, without doubt, under an insane delusion, especially respecting his wife and said Bates, which is sometimes characterized as mon- omania, and which, in its various forms and degrees, is the most prevalent kind of insanity, intellectual and moral: and they cannot hesitate to express the confident opinion that the killing of Bates was the direct offspring of the said insanity: and that, while it may be that Baker was conscious of right and wrong generally, or in the abstract, he was, from the proofs, so far insane, on this particular subject and occasion. as to have been impelled to the homicide by an irresistible motive of delusion, without a consciousness of a violation of the law of God or of man in that particular act. They are, also, clearly of the opinion that said Baker is noAv of unsound mind, and is a fit subject for a lunatic asylum. They consider this one of the clearest and best defined cases which they have known, or of which they have heard. Wherefore, they have no difficulty in coming to the conclu- sion, that said Baker is a proper object of Executive mercy; that neither the letter nor the policy of our criminal code would require, nor justice and humanity permit his conviction and execution for the blind and insane act of killing his said brother-in-law. They, therefore, without hesitation, but with great respect for your Excellency, and solicitude for the re- sult, beg leave to unite their petition with that of others for the pardon of said Baker. THOS. D. MITCHELL, M.D. Prof. Materia Medica and Therap. Tran. Univ, L. G. WATSON, Prof. Theory and Practice, Trans. University. 104 TRIAL OF DR. ABNER BAKER. Lfa-ington, July 25th, 1845. Subsequently to signing the foregoing paper, the under- signed has heard the testimony given in the case, and has no hesitation to say that his opinion in the premises is confirmed. THOS. D. MITCHELL, M.D. Prof. Materia Medica and Therap., Trans. Univ. The undersigned has heard the evidence read in the case of Dr. Baker, and conceives it a case of monomania as conclu- sively made out as can be found upon record. B. W. DUDLEY, M.D. July 25th, 1845. Lexington, July 25th, 1845. Gov. Owsley:—From the fact that I have been officially connected with the Lunatic Asylum, at this place, I have had more extended opportunities of becoming acquainted, both practically and theoretically, with the diseases of the human mind, (in all their endless variety,) than ordinary members of the profession. . Therefore, I have presumed, at the solicita- tion of Dr. Baker's friends, to give you my most unqualified opinion, after a critical examination of the evidence in the case, that before, and at the time of, the commission of the act, for which he has been convicted, he was of unsound mind, and should not be held responsible, either in laAv or in morals, for an act committed under such a state of mind. Respectfully, &c. S. M. LETCHER. P.S. I have not conversed with a Physician who don't concur in the above opinion. S. M. L. Kentucky Lunatic Asylum, July 24, 1845. I have examined fully the testimony, both on the part of the Commonwealth, and the defendant, in the case of Dr. Abner Baker for the murder of Daniel Bates, After having seen a great number of insane persons, and after an uninterrupted intercourse with more than two hundred of them for twelve months, I feel no hesitancy in giving it as my opinion, that Dr. Baker had been before, and was at the time of, the murder, affected with monomania, upon the subject of his wife's chas- tity, and ideas naturally connected with it; with symptoms TRIAL OF DR. ABNER BAKER. 105 indicating a strong tendency to degenerate into general de- rangement. I would further state, as my opinion, that there can be no doubt that there are many cases, in which the most acute ob- servation fails to detect disorder of the understanding upon more than a single idea or train of ideas. Examples of such are reported by all the best authors upon the subject, and I have had under my charge a number of them. And I can, from my experience, join heartily in the statement advanced by one versed in this subject: "That all cases of crimes of violence, in which previous mental disease is proved, should have the whole benefit of the presumption that such disease may, in a moment, run into irresponsible mania, and the un- happy patient be judged fit for confinement and not for pun- ishment." With the facts of the case before me, I should feel that I was omitting a duty to justice and humanity, to withhold my earnest recommendation of Dr. Baker, as an object deserving, if not demanding, Executive clemency. JNO. R. ALLAN, Superintendent Ky. Lunatic Asylum. His Excellency, William Owsley. Louisvilee, August 1st, 1845. To His Excellency, William Oavsley, Governor of Kentucky: Sir:—We, the undersigned, would respectfully represent to your Excellency, that, after a careful examination of the testimony taken in the case of Dr. Abner Baker, charged with the murder of Daniel Bates, we are of opinion that said Baker is of unsound mind, and consequently a fitter subject for a lunatic asylum than for the gibbet. We have the honor to remain Your Excellency's ob't serv'ts, CH. CALDWELL, M.D. L. P. YANDELL, M.D. H. MILLER, M.D. S. D. GROSS, M.D. Lancaster, July 24th, 1845. To His Excellency, William Oavsley: Sir:—Having been called upon to examine the testimony adduced on the trial of Dr. A. Baker, (who is now under sen- tence of death,) we proceeded to do so in as thorough a man- 106 TRIAL OF DR. ABNER BAKEL. ner as the circumstances would allow, and have unanimously come to the conclusion, from the extraordinary character of the testimony of the case, that the said Baker, at the time of committing the crime for which he now stands convicted, must have been laboring under that form of mental alienation called monomania. That there is such a disease is not quesr tioned by any scientific man of the present day. We would, therefore, respectfully direct the especial attention of the Ex- ecutive to the facts of the case, and implore the interposition of his power. Respectfully, vour friends, &c. 0. P. HILL, M.D. WM. H. PETTUS, M.D. JENNINGS PRICE, M.D. L. M. BUFORD, M.D. The undersigned, Physicians of Danville, having been called upon to examine the evidence submitted to them, as given before the Circuit Court of Clay County, Kentucky, in the case of the Commonwealth against Dr. Abner Baker, tried fpr the murder of Daniel Bates,, which evidence was .writ- ten out by Alexander R. McKee, Esq., clerk of Garrard county, present at the trial, are, on due consideration, unani- mously of the opinion that the said Abner Baker was, at the time of the killing of Bates, and for some time before and sub-„ sequently, laboring under monomania, in a very marked and severe form, and as such we recommend him to the clemency of the Executive. D. J. AYRES, M.D, JOHN TODD, M.D. JOS. WEISIGER, M.D. WM. PAULING, M,D. JOSEPH SMITH, M.D. J. H0LLINGSWORTH, M.D. R. W. DUNLAP, M.D. Frankfort, Aug. 11, 1845. We, the undersigned, Physicians of Frankfort, after a care- ful examination of the testimony in the case of the Common- wealth against Dr. Abner Baker, on charge of the murder of Daniel Bates—of which the said Baker now stands convicted in the county of Clay—are unanimously of the opinion, that said Baker, previous to and at the time of the committal of said act, was laboring under mental derangement. JO.S. G. ROBERTS, M.D. CHAS. G. PHYTHIAN, M.D. LUKE P. BLACKBURN, M.D. LEWIS SNEED, M.D. A. F. MACURDY, M.D. E. H. WATSON, M.D. TRIAL OF DR. ABNER BAKER. 107 Nicholasville, July 25, 1845. Hon. William Owsley: Dear Sir:—At the request of a friend of Mr. Abner Baker. Sr.. I have examined the testimony in the case of Dr. A. Ba- ker. The record was submitted to me that 1 might give my opinion as to the sanity of Dr. Baker It is due to myself and to the parties to state that from the rumors'which I had heard of the circumstances attending the death of Mr. Bates, that my opinion was that it was murder most foul; and I believed that the acquittal of Baker was the result of effort and the influence of wealth. I, however, had not gone through the testimony introduced by the prosecution, before I became perfectly satisfied that Dr. liaker was a madman. I am confident that it is impossible that any man can ex- amine the evidence of Mr. James White, without being satis- fied that no man could speak to a father, of his child, as he spoke, and give utterance to such absurd charges against his own wife, who was sane. The statement of all the witness- es, especially Dr. H. Baker, go most conclusively to prove this fact, that Dr. A. Baker was, and is the subject of mono- mania—a disease as well known and clearly defined (though strange and unaccountable) as fever or any thing known to exist. Inmy practice, I have met with cases as singular, but not more perfect than Baker's, and I would as soon have thought of passing sentence against an infant or an idiot a? against Dr. Baker, with evidence as set forth in the record. I am, sir, with great respect, A. K. MARSHALL, M.D. I have also examined the testimony in the case of the Com- monwealth against Dr. A. Baker, in connection Avith Dr. A. K. Marshall, of our town, and fully concur in his opinion as stated to you in the foregoing. J W. J. BALLARD, M.D. To HlS ExCELLENCV, WlLLIAM OwSLEY, Governor of, the Commonwealth of Kentucky: The undersigned, Attorneys at law, were present (but not employed by either partv) at the trial of Abner Baker for killing Daniel Bates, and heard all, or much the greater part of the testimony introduced, both on the part of the Com- monwealth and"the Defendant, and from'the testimony so in- troduced, we were fully convinced of his derangement, at 108 TRIAL OF DR. ABNER BAKER. the time he killed Bates, and also that he had been deranged for some time prior to that act; that he has been ever since. and is now, in a state of mental derangement, both upon the subject of his wife's inconstancy to him, and of Daniel Bates having been too intimate with her, and of his (Bates) contriv- ing plans to have the said Baker killed. We further slate, that every witness wh6 testified to any thing bearing upon the case, disclosed some fact conducing to show that he (Baker) was laboring under a state of mental de- rangement, and we were utterly surprised and astonished, at hearing the jury had brought in a verdict of "guilty" contra- ry to the laAv and evidence in the case. In fact, we did not think that the jury would hesitate ten minutes in agreeing upon a verdict of "not guilty." We therefore petition your Excellency to interfere in his behalf, to extend the Executive clemency to him and release him from the verdict of the jury, and the judgment of the Court. LEWIS LANDRAM, J. BURDETT, L. F. DUNLAP, Lancaster, Ky., July 19, 1845. D. H. DENTON. Lexington, August 8th, 1845. Gov. William Oavsley: Dear Sir:—I have been requested to give my views as to the effect of monomania upon the criminality of acts com- mitted uuder its influence. The principle laid down in all the books is, that insanity must proceed to such an extent as to disable the person from distinguishing right from wrong. and the defence must be well made out. There is certain! v no disputing either of the propositions above stated. And I believe juries should always convict where the defence fails in either point, leaving to the Executive the discretion given him by the Constitution of distinguishing and giving pardon, where the reason is only partially wrecked, and guilfpalliated^ but not entirely taken away. In the application of the above principles, I entertain no doubt that if a monomaniac, under the influence of an insane delusion, kills, or does any other act, it is not criminal, though on other subjects he could accurately distinguish be- tween right and wrong. I admit the case of Billingham would seem to be, in some measure, opposud to this; but in that case the law was correctly laid down, the error was in its application, for Billingham killed Percival under an insane de- TRIAL OF DR. ABNER BAKER. 109 Susion, and believed in that act he was doing right, and the chief error was by the jury. His conviction and execution must be regarded rather as a political than a judicial action by the Courts of England. It has received the reprobation of eminent jurists, and I have read an* able and clear view given of it by Lord Brougham, (I think,) but am not able to lay my hands on it at present. Practically the case of Bil- lingham has been overruled in the strongest manner in the trial and acquittal of the monomaniac that attempted the life of the Queen. It seems to me that it follows as a mathematical truth, that the only inquiry is, whether the act done was an act of in- sanity. If it was, it cannot be with a '•'•felonious intent." And this renders it wholly immaterial whether the reason was wrecked generally, or only on the particular subject which produced the act. I know nothing of the case to which it is desired that these views should apply. But I would add that I consider that there are many cases in which I believe it would be right that the-jury should convict, but in which pardon should be ex- tended by the Executive. Where a real and well founded doubt exists in a community, on the subject of insanity, the execution of such person can produce no beneficial effect. His death is.apt to change doubts into certainties, and it is highly prejudicial to all future trials that a general belief should exist that a man, innocent in law, had suffered. Respectfully, yours, &c. M. C. JOHNSON. I had occasion lately, to examine the subject upon which the above opinion is expressed, and concur with the views therein expressed. A. K. WOOLLEY. I concur in the above views. C. S. MOREHEAD. I think the above views of M. C. Johnson so clear and cor- rect that no two men would differ in regard to them. GEO. B. KINKEAD. Clay County, August 8th, 1845. Dear Sir:—Being a citizen of Knox county, Ky., and heretofore a resident of Clay for several years, and Dr. Abner Baker was my family physician, and being well acquainted with him for years, but have not seen him since he killed 10 110 TRIAL OF DR. ABNER BAKER. Daniel Bates, until I saw him tAvo davs since in jail, and had a conversation with him, which has convinced me that he is not in his right mind. The manner in which he speaks of his wife—the improba- ble tales he tells of her, which I think he firmly believes, from altered eye, convinces me that he is laboring under mental derangement, and is a fit subject for your Excellency's inter- position. With high consideration, Your obedient servant, JAMES WILLIAMS. This is to certify that since the conviction of Dr. Abner Baker, for the murder of Daniel Bates, I have had con- versation with him, and in that conversation, whenever woman was named, he immediately hinted on his wife or Daniel Bates, and seemed to become entirely deranged—his eyes having a peculiar appearance and his general demeanor be- came changed, and he had the general appearance of a de- ranged man. I have been acquainted with Dr. Abner Baker since he was a child, and his appearance and demeanor has changed within a year or eighteen months, and I have not the least doubt of his derangement; and I believe him to be worse now than previous to his trial and conviction, and not a fit subject tu be made an example of. Given under mv hand at Manchester, the 6th of August, 1845. EDWARD M CORNETT. Commonwealth of Kentucky, Clay County, set: This day Edward Cornett personally appeared before the undersigned, and made oath that the facts stated in the fore- going certificate are true. Given under my hand the 6th day of August, 1845. BOSTON POTTER, J. P. Yellow Cheek, Ky., July 7, 1845. Dear Sir:—Last night I heard the result of the trial of Ab- ner Baker, jr., in Clay county, and I now take the liberty of writing to you in reference to his condition. I was perfectly thunderstruck at the conclusion at which; the jury arrived; for a more decided case of insanity I do not recollect to have seen. Even before he killed Mr. Bates I pronounced him deranged in the presence of several persons. and told my wife that he was; and in an enlightened and properly educated community he would have been acquitted. TRIAL OF DR. ABNER BAKER. Ill But there is great difficulty in this county to convince the people that any body is deranged, for very few cases of in- sanity occur in any section where agriculture forms a great part of their labor. Scarce any one among us has the time or money to be sedentary, and insanity is known to prevail among those who labor none. I say to you that public sentiment is for his reprieve. The only persons who object to it are Mr. Bates' relatives and those under their influence, and some of the White family— and were Abner hung. I would conceive it to be a greater murder than has ever been committed in Kentucky. How- ever, I know you will do what is right in the premises, and the same'causes that surrounded both judge and-jury, will not have their influence with you; for both judge and jury were overawed by the influence, wealth, and power of the prosecutors and relatives. Bakers conviction was the tri- umph of a faction. Public justice had nothing to do with it. I speak warmly, for I feel so. I esteemed Daniel Bates highly—he was a worthy man—and did I believe that Baker had a sound mind when he killed him, 1 would say hang him. But to hang a deranged man is what I hope will never be done in Kentucky, and more especially, during your adminis- tration of affairs. Accept the assurance of the respect of your friend, JNO. P. BRUCE. Mt. Vernon, Ky., 20th July, 1845. Dear Governor:—Being solicited by A. Baker, sen., and his friends to say something in regard to the trial of A. Baker jr., and my own feelings constrain me to do so. I was at the trial'only a portion of the lime, though I have heard what the Avhole testimony was from the witnesses themselves in part, and in part from others since the trial; and from the knowledge of the. man, and from the testimony in the cause, I have no hesitancy in saying, he is diseased of monomania, and has been since about 1840, and am consequently clearly of the opinion, that he ought to have been acquitted. I further state that his convic- tion was contrary to the expectation of a very great majority of the people, and, so far as I am advised, his pardon is greatly desired by almost every one except the particular friends and relatives of the deceased; and although unconnected with either party, or with the trial in any way Avhatever, God knows, I very much desire that by your Excellency he may be pardoned, and from no other consideration than that I think it obviously wrong that he should be executed under the sentence pronounced against him under all the circum- stances, J remain your sincere friend, W. H, W. WILSON, 112 TRIAL OF DR. A11SER BAKER. Mt. Vernon, Ky., July 22n, 1845. Hrs Excellency, William Owsley: Dear Sir —Being requested by the friends of Abner Baker, lately convicted, in Clay county, fur the murder of Daniel Bates, I state that I was present during part of the trial, and being Avell acquainted with said Baker previous to the murder, I have no doubt of his insanity, and from the evidence I had heard, he certainly Avas wrongfully convicted; and if it should meet your approbation, I would be glad to see him released. Respectfully yours, CHARLES KIRTLEY. Barbourville, Ky., July 23. 1845. Dear Go.vernor:—I was one of the Counsel of Dr. Baker, in his late trial for the murder of Daniel Bates, which resulted in his con- • viction. The whole facts, as they came out on the trial, will be laid before you. Dr. Baker was tried last fall by our examining Court, and dis- charged. It is true'that no one, in particular, appeared on the part of the prosecution, though the facts which Avere unfavorable to Baker all came out. On the trial before the jury, about fifteen witnesses swore to the insanity of Baker, three of them physicians, tAvo introduced by the Counsel of Baker, and dne on the part of the CommonAvealth. At least half, perhaps more, of these fifteen came to this opinion, as they stated on oath, before there was any difficulty betAveen Bales and . Baker. Every individual who had examined the subject, and who believed that there was such disease as monomania, concurred in the opinion that he labored under that disease. The facts of the case sIioav an eniire Avant of motive or cause, on the part of Baker, in com- mitting the act. They show that he Avas and always had been a. respectable man and a good physician—that Mr. Bates had been hia best friend—that Mr. Bates had been kind and affectionate to his [Bates's] own wife, and that Baker's charges against Bales and his [Baker's] wife, and other men, were Avholly Avithout foundation; as were also his charges against Mr. Bates of forming combinations to kill him, (Baker.) Baker's friends said at the close of the examining Court, that if the prosecution should be carried any further, they wouid have him forth- coming to stand a final trial. And as soon as they ascertained that there Avas a reward for him, they took steps to have him forthcoming to a trial, though he Avas out of the Uniied Slates at the time. His Counsel had the most perfect confidence in his acquittal, and I can say, in truth, that the verdict astonished both his friends and enemies, after they had heard the evidence, and we had no other ground on Avhich to rely for a new trial. The Court would not take the responsibility of deciding contrary to the verdict of the jury; Avhich, in truth, ought seldom to be done. To execute Dr. Baker, I am most honestly and thoroughly convinced, would be a judicial murder. Public sentiment, I know, is against him, trial of dr. abner baker. 113 and that fact is attributable to the fact that the disease under which he labors, is.one which is not understood and Avhich is not even acknow- ledged to exist by the great mass of the community. Even our judge himself would nol acknowledge, at the commencement of the trial, diat there was any such disease recognised either in medicine or laAv, though he became convinced before the trial ended, but certainly did not well understand the laAv of the case. Hence the difficulties under which the Counsel o'f the prisoner labored during the whole trial. I. only ask and beseech you to look Avell to the facts of the case, as they will be laid before you. You will find the law well settled, and the mosi of the cases referred to in "Stock on Non compotes mentis, Law Library." We expect Executive interposition only on the ground that the law ■md facts of the case merit it. We know that the jury did not recog- nise the existence of such disease in the human mind. Respectfully yours, &c, ^ J. HAYS. Manchester, July 18th, 1845. To His Excellency William Owsley. Honored Sir:—Ere you receive this, I presume you will have heard of the trial of Dr. Abner Baker, for the murder of Daniel Bates. Having had an acquaintance with Dr. Baker some three or four years, and having heard the evidence, as deposed before the jury, which found him guilty, and from that evidence I concluded that he was not a proper subject for conviction, or at least for execution, and having come to that conclusion, as I think from taking an impartial view of the case, I take the liberty of addressing you these few lines to im- plore you to exercise, for the unfortunate Dr. Baker, the power given you by the Constitution, to grant him a pardon. I will state that the reasons that I ask this at your hands, are not from the sympathetic feelinss which generally induce individuals to ask for such favors, but upon the ground of justice only. I think that the laws should always be administered rigidly, so far as they will further the ends of justice, and promote the ends of civil society, but they should be administered in mercy. The first reason which I have to offer, why he should be par- doned, is, that I believe that at the time he committed the offence, he was laboring under an illusion, or deranged state of mind, which is called monomania, a partial insanity, and Baker came within the channel of that delusion, which would make him irresponsible, if such were the fact. The second reason is, that it was a new question, and one which had not been before discussed in the court, in this part of the State, and was, therefore, considered a mere humbug, and was so generally talked in the country, and it was almost impossible to make the jury and bystanders believe that there was any insanity, but a per- fect delusion upon all subjects. Third, the Judge came upon the bench to try the case, believing that there was no partial insanity, or monomania, recognized in the laws of the land, and, therefore, it Ill TBIAL, OF DR. ABNER GAktfii cut the Counsel for the prisoner out of privilege of having finch in* structions, as would have produced an acquittal of the prisoner, from the evidence which Avas adduced upon the triai, but ihe Judge, before the trial was closed, was convinced that such was the law, but too late to remedy the injury already done. Fourth, there wns- a great ex itement in the country against the prisoner, brought about by the wealthy connexions of Daniel Bates, and the wife of the prisoner, who, it was, and is thought, was badly injured—ihe effect of which was to be seen upon the trial, by some of the wealthy and influential, standing or sitting in front of the jury—and when anything was said against the prisoner, or anyihing read which they thought Avas against him, they would nod their assent, but on the contrary, when anything was said which operated in his favor, you could see the .marks ol dissent, which, in exciting cases, has a tendency to influence the minds of jurymen, particularly when the jury have been in the habit of looking up tu them for advice. Fifth, the influential, wealthy class of the community in Clay county were all arrayed against Baker (except the Ganard family,) and they used not only all their own in- fluence, to bring about a conviction, but employed three able Counsel, with their influence, to assist the Commonwealth in sacrificing Abner Baker to their spirit of revenge, and they used other means, which looked to me improper to be used in such cases, and such as a person e?m see, but it is difficult to put upon paper, and immediately after the jury had returned their verdict, they were taken to the tavern, where the Walkers and the other of Bates's connexions put up and got their din- ner, and were'roomed for some time, as I was informed. I know 1:117 went there and stayed some time, but as I did not go there, I cannot ,>tale what passeJ there, but I know that the whole transaction looker! like the friends of Bates intended to have Baker convicted if possible, whether guilty or innocent. I Avish you could know all that is in any way connected with this transaction, that justice might be meted out where it is due. Justice is all that I ask as a citizen, and since the case has closed I can ask nothing as one of his Counsel, but only as a citizen who has often thought that justice was not generally done to criminals. But is a person who is insane a proper example? What a sight w. uld it be to see a lunatic under the gallows, trying to cast his vacant stare beyond :he circumference of his woes, and then to hear his idiotic laugh. Wuuld that be such an example as justice, blind to the interests of family and connections, would hang up to the view of. an intelligent and enlightened community? Would it deter others laboring under the same delusion, from committing the same olfences? 1 would in a concise and explicit manner set out the evi- dence, did I not understand that it was to be laid before you in as full and complete manner as possible. If this is not a case where the Governor should siay the hand of the executioner. I cannot figuro •out in my imagination one. Knowing lhat your Excellency in the discharge of your duty, will be governed by the principles of juslica .and mercy, so far as I am concerned, I leave him in your hands, to du rr.IAL OF DR. ABNER BAKER. 115 with him, as you would others should do unto you, under like circum- stances. Your humble petitioner, and obedient servant, SAMUEL ENS WORTH. [A true copy.] Ben. Hardin, Secretary. By W. C. Anderson. Mt. Vernon, July 20th, 1845. IJear Governor : The unfortunate young man, Dr. A. Baker, who lust fall... in a fit of in- sane delusion, killed his friend and brother-in-law, D. Bates, has been con- victed, and by the judgment of the law is to be executed on the 13th of September next; and the only hope his worthy parents and much afflicted relatives and friends have, is in an independent and humane Executive, in whom they have much confidence, and I myself entertain no doubts, that when your Excellency learns the facts, you will pardon this unfortunate youth. The facts. 1 presume, will, in the main, be laid before you; but, nevertheless, I will give you u short history of the causes which impelled this young man to kill Bates, and which brought about his conviction. I say he was impelled; yes, impelled by the irresistible impulse of a diseased^ and greatly deluded mind, to do the deed for which he has been unjustly and illegally convicted—convicted, I assert, contrary to laAv and evidence. 1 have been engaged in his defence ever since and before his trial last Sep- tember before the Justices, and.I speak advisedly on the subject. The history of this young man's character, as developed by his conduct, and the evidence in the case, is about this. Some four or five years since, from being a high-minded, intelligent gentleman, and one of the most popu- lar physicians of his age within the bounds of his acquaintance, he began to exhibit evidence of the workings of a distempered mind—began to chr.n^ his character. From an affectionate son to his parents, and an agreeable associate with others, he became disaffected towards his parents and disa- greeable to his friends. He became suspicious and jealous—convinced that his friends Avere his enemies—always talking of designs and combi- nations against him, either against hiy life or character. And after he married (which took place a short time before the killing of Bates) he was placed precisely in the element to produce additional matter for the work- ings of his already distempered mind. He therefore immediately conclu- ded that his wife Avas a desperate Avhore, and so' expressed himself; that she had intercourse with all, black and. white, and concluded that he would kill every body that he could get a chance at; but that he would take Bates first, as he had done worse than all—he being his brother-in- law and professed friend. He never seemed to blame his Avife so much ! He thought she had a disease called, I think, Nymphomania, which he said prompted her to do what she did irresistibly, and when she was la- boring under the influence of this disease, which he said was continually exciting her, she Avas bound to be gratified—hence he could not blame her so much. That she often had to call on her own uncle, and occasionally *- her father, to relieve her; and if no white .person were convenient, any ne Christ our Lord. JOHN T. HIGGINS. To Wm. Owsley, Governor of Kentucky. We do certifv. that Ave agree in the above letter. E. PENNINGTON. DAYTON TUCKER, ELISHA VAUGHAN, THOMAS >]. ROBERTS, CLAYTON C. MONTGOMERY'. THOMAS BUFORD, THOMAS B. MONTGOMERY. * Note.—A negro man, having been convicted of murder in the county of I'ulaski, for killing his wife, some of the counsel represented to the Executive that he was partially deranged, and that if the Governor would pardon him, he would be sent out of this Commonwealth. The petition was granted. ✓ TRIAL OF DR. ABNER BAKER. 123 At a large and respectable meeting of the citizens of Lincoln county, held at the Court-House in Stanford, on Wednesday, September 24th, 1845, to take into consideration the case of Dr. Abner Baker, condemned to be hung on the first Friday of October, 1845, for the murder of Daniel Bates, and now in confinement in the jail of Clay county; Dr. A. G. Huff- man, on motion, was called to the chair, and Robert Blain, jr., was ap- pointed secretary. After reading various extracts from the evidence in the case by the Chairman, the following resolutions were adopted: Besolved. That it is the honest conviction of the persons composing this meeting, from the evidence in the case of Dr. Abner Baker, now under condemnation in Clay county jail for the murder of Daniel Bates, that said Baker is deranged, or a monomaniac, and consequently a fit subject for the interposition of the Governor in his behalf; and therefore Ave, the friends and acquaintances of his Excellency William Owsley, recommend to his mercy the said Abner Baker, and fondly hope he will interpose in his be- half and extend to him a pardon. Resolved, That the proceedings of this meeting be signed by the chair- man and secretary, and together with a petition signed by as many of those present as can be conveniently obtained, be transmitted to his Excellency William Owsley, Governor of Kentucky, forthwith. On motion, the meeting adjourned. A. G. HOFFMAN, Chairman. Robert Blain, Secretary. The undersigned petitioners unto his Excellency William Owsley, Gov- ernor of Kentucky, would humbly pray that you interpose in behalf of Dr. A. Baker, condemned to be hung for the murdor of Daniel Bates, and uoav in confinement in the Clay county jail. H. H. THURMAN, &c. [One hundred and ten names signed.] The officers of the 26th, 57th, 63d and 6th Regiments of Kentucky Mi- litia having met at the bridge in the county of Lincoln and State of Ken- tucky, feeling it a privilege as well as a duty to express their opinion as to the sanity or insanity of Dr. Abner Baker, now confined in the jail of Clay county under sentence of death for killing Daniel Bates, organised them- selves into a meeting, to take said matters into consideration. Major Wm. Daugherty was called to preside. A statement of the evidence introduced upon the trial of Dr. Baker, together with the opinions of medical gentle- men and others was thereupon read and the following resolutions unani ■ mously adopted: Resolved, That it is the opinion of this meeting that Dr. Abner Baker was before, at the time, and now is, laboring under insanity of a marked character, and that he is not a fit and proper subject for punishment; and we therefore most earnestly solicit his Excellency Governor Owsley, to grant him a pardon. Besolved, further, That in the opinion of this meeting, no unprejudiced man can or Avill raise his voice against the pardon of Dr. Abner Baker, when he is fully advised of the circumstances and evidence touching this unfortunate case. Resolved, That Dr. Theodore Dunlap, Col. Wm. Stein, Col. Thos. B. Dodd, and Col. John L. Barclay, be appointed a committee to transmit to the Governor a copy of the foregoing resolutions, accompanied with such remarks as they may think proper to make. WM. DAUGHERTY, President. 124 TRIAL OF DR. ABNER BAKER. To His Excellency William Owsley. Governor of Kentucky: Dear Sir—The undersigned, appointed a committee upon the part of the meeting this day held in Lincoln county, at the bridge of Dix river, would represent to your Excellency that the meeting was composed of from sixty-five to seventy officers of the regiments aforesaid, besides some forty or fifty private citizens, Avho unanimously adopted the foregoing res- olutions. And we, as the committee upon the part of said meeting, and as individuals, earnestly solicit a pardon for Dr. A. Baker, and hope your Excellency will grant it to him. Very respectfully, your obedient servants, WILLIAM STEIN, JOHN L. BARCLAY, T. B. DODD, L. R. DUNLAP. At a meeting of the citizens of Garrard county, held at the Court-house in the town of Lancaster, on Saturday the 27th day of September, 1845, agreeable to previous notice, on motion, Major LeAvis Landram was called to the chair, who arose and explained the object of the meeting, and ap- pointed Major Wm. B. Mason secretary; Avhereupon the following resolu- tions were unanimously adopted: Whereas, the citizens of the county of Garrard, having heard and con- sidered the testimony given on the trial of the Commonwealth against Dr. Abner Baker for killing his brother-in-law Daniel Bates; and whereas we do conscientiously believe that the accused was a monomaniac, and labor- ing under an insane delusion at the time he committed the act alleged against him, and as such we conceive it would not tend to the just advance- ment of criminal justice or to the honor of Kentucky, to execute the sen- tence of the law on him; and there being no person who can interpose in his present melancholy condition, except the Chief Executive officer of the State, therefore, 1st. Besolved, That we, the citizens of Garrard county, entertaining a profound respect for his Excellency William Owsley, Governor of the Commomvealth of Kentucky, do* from our solemn convictions believe that the unfortunate condition of Dr. Baker, appeals justly to his Excellency for mercy; and we do therefore earnestly hope his Excellency will find it con- sistent Avith a faithful discharge of public duty to reconsider and extend a full and complete pardon to Dr. Baker, now under sentence of death—and 2nd. Besolved, That Joseph Hopper, Walter C. Bailey and Jas. Kin- nard, be appointed a committee to forward the wishes of this meeting to his Excellency William Owsley, Governor of the Commonwealth of Ken- tucky. The meeting then adjourned. L. LANDRAM, President. Wm. B. Mason, Secretary. Lancaster, Ky., Sept. 27, 1845. To His Excellency William Owsley, Governor of Kentucky: Dear Sir—The undersigned committee appointed at a meeting of the citizens of Garrard county, Ky., composed of between 150 and 200 persons held at the Court-house in the town of Lancaster on this day, do respect- TRIAL OF DR. ABNER BAKER. 12-3 fully inclose to your Excellency the proceedings of said meeting, and Ave as individuals, earnestly solicit a pardon for Abner Baker. Respectfully, JAMES KINNARD, JOSEPH HOPPER, WALTER C. BAILEY. Mount Vernon, September 14, 1845. Dear Governor: You will see by my continued importunity, that I have not yet despaired in relation to the fate of Dr. Baker, and I must beseech your Excellency of your clemency to hear me once more in behalf of this unfortunate in- dividual. I believe I know as much about his condition of mind from per- sonal observation, as any other person except the physicians. I knoAV as much about the mind of the country on the propriety of his execution, as any perhaps who has insisted on it, and I say to you, the country does not call for it. The country is not in favor of pardoning him by force, but the country is willing that it should be done by the Executive. The par- doning side is much the brightest side of the picture, and I have no doubt five will approve the pardoning act, to one Avho will say he desires the ex- ecution of this man. I do not believe that any man who has conversed Avith the Doctor as much as we have since he was first apprehended, will say he believes he is sane : and those who insist on his sanity, and conse- quent execution, are his enemies, employed to see that he dies. I do not say that all who have petitioned for Bakers' execution, are employed to do so ; but I understand that some arc; so employed, and have contingentfees. Baker's lawyers, so far as I know, have no contingency about the matter. I understand some feAv individuals have written pressing letters to encour- age the execution of Baker, becanse if he is pardoned, he will kill others. Now, this would likely be the case, or others would kill him: and 1 myself AVould perhaps be in as much danger as any other,—and perhaps all his counsel, for he says they tried to have him hung: and those generally who have done the most for him, even to his father and brothers, have alter- nately been the object of his hatred ever since the deed was done; and I Understand for some time before, he was endeavoring to destroy the repu- tation of his father's family by talking about his step-mother and sisters keeping a house of bad fame in Lancaster, and that his younger sister, a little girl, being in the family Avay by Bates. And just recall to your recol- lection the evidence in relation to the treatment of his wife, and his charges upon her chastity—a young, innocent girl, about 14 years old, Avhose cha- racter is mid always Avas unsullied as that of any female living. Now, could there be any design in all this ? Was it the fruit of a mind that could de- sign ? Would any man who was sane concoct such tales? Would not even ordinary sense suggest that such things were unreasonable? If he had possessed sense, and had design in this matter, Avould he not have told things reasonable, or at least that had some semblance of plausibility?— Governor, I wish you could see him, or hear him state oncethes; things and other broodings of his deluded mind, that you might see for yourself to what extent his mind is demented. Oh, you would not hesitate. I say unhesitatingly, you Avould not hesitate to extend to this unfortunate crea- ture your pardoning poAver. Yes, and the country Avould be satisfied, and all excitement Avould cease, and the hostile parties become satisfied Avith each other. The Mr. Walkers who are insisting on his execution, (if in- deed they are,) are the blood-relations of the deceased, and are doing what 11* 126 TRIAL OF DR. ABNER BAKER. they think they are in some degree bound to do, hut they are clever men, and will no doubt be satisfied with a favorable result to Baker. They have been hostile to him, and have never, as I understand, con- versed Avith him, so as to determine anything relative to his condition of mind It is true that his condition of mind is such, that it Avould not do to turn him loose upon society. This is well known and od- mitted by his friends, but of course this affords no reason for his exe- cution; I suppose he can be pardoned under such restrictions as av'iII prevent bloodshed. You have been informed that his friends had it in contemplation to release him by force. I knoAV nothing of this only from rumor, and I understand the first information on this sub- ject came f.oin this delusive creature to the guard. The people in these mountains Avill be the last of your subjects who "will engage in and encourage mob law. Have mercy! Mercy is for him, Avho is exercised thereby. In greal hopes of a merciful determination on the part of your Excellency, I suhscribe myself your ob't seiv't,. J. A. MOORE. [A true copy.] Ben. Hardin, Secretary. By W. C. Anderson. Will of Daniel Bates, written before any difficulty occurred between Dr. A. Baker and himself, and is the only one that is known to have been made by him. "Being in the enjoyment of my usual senses, I have thought proper, for reasons Avhich are satisfactory to me, although in good health this. day, make and declare my last will and testament. My will and desire that upon my death my wife shall have and enjoy forever one undivi- ded fourth part of all my estate Avhich may be left after the payment of all my just debts, to be disposed of according to her OAvn good will and pleasure. 2nd. I Avill and desire that the remaining three-fourths of my estate be given to my two children, John and Alary, all the balance of my estate. "I hereby nominate and appoint my friends D. V. Walker, Wm. J. Baker, Joel J. Walker, Frank Ballenger and George Stivers iny executors of this my last will and testament. Given under my hand and seal this 25th June, 1844. DANIEL BATES.'" The folloAving is the nuncupative will of the said Daniel Bates. The undersigned were present on the night of the 13th instant, in Clay county, at the salt furnace of Daniel Bates, about one mile and a quarter from the family residence of said Bates, which was during the last illness of said Bates, and whilst he was laboring; under a mortal Avound from a pistol shot, which the said Bates said was in- flicted by Abner Baker, jr. Whilst the said Bates Avas ill from the Avound aforesaid, he requested us to bear evidence of his request. He requested the undersigned Davis to give the undersigned Potter his pocket book which he said contained one thousand five hundred and fifty dollars, and requested said Potter to give the pocket book and its TRIAL OF DR. ABNER BAKER, 127 contents to his brother-in-law, D. V. Walker. The said Daniel Bates informed us that he had a will in his desk at his residence, which he wished destroyed, and that his Avish was, that the law in re- gard to his estate, should take its course and govern. He requested in our presence, that his estate should be managed by David V. Walk- er, Barton Potter, and Leander Miller. JOSIAH DAVIS, WILLIAM WOODCOCK, BARTON POTTER, JAMES T. WOODARD. Sept. 19th, 1844. "The undersigned further state that the above Daniel Bates, during the night above named, requested that his slaves Joe Nash andAvife, Lucy and his negro man Pompey should be set free. We further state that the said Daniel Bates stated to us that he had been shot by the said Abner Baker, jr., Avithout cause or provocation. That he nev- er had harmed him. That he wishedsaid Baker brought to justice. That he would give ten thousand dollars for his scalp, and he wished that sum expended to bring him to justice. He further called on those present in our presence to request James B. Walker and Joel J. Walker to see that he had justice done him. JAMES T. WOODARD, Sept. 19th, 1814. JOSIAH DAVIS." [A copy attest.] William Woodcock, Clerk. The publisher regrets that he has been unable to procure copies of the petitions and affidavits referred to in the following letter. It Avas stated in the affidavits of Capt. A. Baker and his son Hervey, and also by others, that Dr. A. Baker was a maniac. If the copies can be procured in time they avi'11 appear in the appendix. Lexington, 20th September, 184'5. My Dear Sir:—I have just received yours of this morning, in. forming me that the Governor had^ authorised you to say, "that upon consideration of the petition presented to him the day before yesterday by Capt. Baker and his son Hervey, he is of the opinion that he has no official authority to institute, or direct any inquisition or legal in- quiry as to the sanity or insanity of Dr. Abner Baker, or to order his removal from his present place of confinement for the purpose of any such inquisition. These matters, he thinks, belongs to the judiciary, and to them-must be left the duty of applying whatsoever proceeding or remedy the laAv alloAvs. The Governor further says, he would be glad to hear the grounds upon which you supposed him authorised to institute such an inquisition or to remove Dr. Baker." Availing myself of this invitation by the Governor, I will, through you, as his selected organ of communication on this occasion, suggest the general considerations Avhich indnced ra®' to suppose that he has legal authority to do all the petition alluded to, requests him to do. 128 TRIAL OF DR. ABNER BAKER. 1st. If a man, sentenced to death, be insane after judgment, the law requires that he should be respited until he shall become compos mentis—and his execution, when insane, Avould be Avrong and incon- sistent with the policy and justice of the law. 2nd. In England, the judiciary has power to respite on the ground of insanity whenever that disability can be pleaded against enter- ing judgment on the verdict, or against issuing a warrant of ex. ecution on the judgment, because the case is still open and under the power of the court. But here in Kentucky the judgment fixes the time and place of execution, and gives the only warrant for execu- tion:—and, consequently, after such judgment and the final adjourn- ment of the court, ihe judge who rendered the judgment, is, as to that case, functus officii, and has no more jurisdiction over it than any other circuit judge of the State. A.nd it is worthy of grave considera- tion Avhether, afier the judiciary has thus exercised its jurisdiction and consigned the convict to (he executive department, it can exert any other power in the case. In some of the States of our Union, and in New York especially, there is statutory provision for trying the ques- tion of insanity in just such a state of case. But there is none such in Kentucky. And I apprehend that here the only object of an in- quisition would be to subserve the power of lespiting or pardoning by the Governor. The only reason Avhy insanity, after sentence, should suspend execution is because the insensate is not in a proper condi- tion for prosecuting his claims to a pardon. 3rd. In Kentucky, has not the Governor alone power to sus- pend execution after judgment and the adjournment of the convict- ing court? The prisoner is then in his exclusive custody—for he is the head of the executive department, and the jailor is but his sub- alteru agent, or minister, and is subject to his supervision and con- trol. And who but himself can change that imprisonment, or rescue from the judgment as rendered? 4th. As the Governor has the sole poAver to pardon and liberate the prisoner, either absolutely or conditionally, he surely must possess all subordinate or subservient poAver comprehended in, or subsidiary to the exercise of this plenary power. If he can liberate him unconditionally, he can certainly do so on condition that he be found a lunatic and be placed in the Asylum, and consequently as the prisoner cannot be placed in (he Asylum without an inquisition, the Governor can authorise the inquisition and the prisoner's re- moval so far as it may be proper—and if the inquisition find the lunacy, the Governor can alone remit the imprisonment and punish. ment adjudged by the court, and authorise and compel the jailor to surrender the custody of him, and deliver him to a different custody. And this he can do under his exclusive poAver to respite and pardon. 5th. Why, without the authorisation of the Governor, Avould a judge hold an inquisition, Avhen, even if the prisoner be found a lunatic, the judge cannot remit the judgment of conviction, nor sub- stitute any other custody than the legal imprisonment adjudged against him? The judiciary, in the case of Dr. Baker, has no pow- TRIAL OF DR. ABNER BAKER. 129 er now to suspend or remit the punishment adjudged against him. The only consitutional power is in the Governor. It seems to me, therefore, that the Governor undoubtedly possesses and ought to exer- cise the authority to direct the inquisition which has been called for by the petition, as he alone can give the full and proper legal benefit of a finding of lunacy, and no one but himself can know what he will do in the event of such a finding, which can have no beneficial effect unless he shall choose to grant a respite or par- don, and which finding may also be desired by him to enable him to decide whether he ought to grant a respite or pardon. 6th. I apprehend that a habeas corpus from a judge would not be obeyed without the Governor's endorsement—and if he have power thus to effectuate it, he must have power to direct the removal for the same purpose without the judicial writ, which, Avithout his con-' currence, would be ineffectual. And if a formal writ shall be re- quired, (though I cannot imagine why,) may not the Governor say to the jailor that, in the event of its being presented to him, he shall obey it? And why, or for what end, or with what hopes, should an application be made to a judge without the Governor's official sanc- tion and co-operation? No judge now can have jurisdiction to hold an-inquisition for any other purpose than to enable the Governor to grant a respite or a conditional pardon and change of custody. Ought not the Governor then to institute this inquiry—and can it be either legally or availably had without his direction for the purpose of subserving his official action? 7th. Having said that there is no statue of Kentucky providing for a judicial intervention in a case of insanity after judgment of conviction, may I not now add that our habeas corpus statutes con- structively deny the power of a judge to issue a habeas corpus in favor of a convict imprisoned under a final judgment for felony, and murder especially? See act of 1797. In such a case there is no revisory power nor any authority to pre- vent execution elsewhere lodged by our law than in the Executive. And should a Judge strain a point and issue such a writ, and hold an inquisition finding lunacy, what will he then do with the prisoner? He cannot avert the sentence of the law by depositing the prisoner in an Asylum—for, by putting him there, the judgment is suspended or nullified—and the constitution concedes this power to the Gover- nor only. For what purpose then will he hold the inquisition? Cer- tainly there can be no other than to furnish to the Governor a new fact entitling the prisoner to a suspension of the judgment and a change of custody, Avhich the Governor alone can order. And how does the Judge knoAV that the Governor desires this, or will recog- nise, or act on it? And after the inquisition, what is he to do with the prisoner? And whence did he derive authority to take him out of jail? And suppose the prisoner shall escape. Who Avill be re- sponsible? He took him from Executive custody Avithout authority, and had no such power of safe keeping as the Executive magistracy had. But if the Governor order him to be brought out for inquisi- 130 TRIAL OF DR. ABNER BAKER. tion and he escape, there can be no complaint, because he was still, as before, in the Governor's custody, and might have been constitu- tionally liberated by him altogether. It seems to me, therefore, that the Governor now has exclusive poAver in the case, and I cannot doubt that it is sufficient for every pur- pose of respite, or pardon absolute or conditional. Having the ex- clusive poAver of respite and of pardon, he must have poAver to em. ploy all non-prohibited means which may be necessary and proper for enabling him to exercise this unqualified power understandingly, justly, and effectually. But, if the Governor persist in a different conclusion, we must try the Judiciary. And in that event, may we expect an Executive order to the Jailor to obey the mandate of the Judge? * These, sir, are, very hastily my general views—and which I de- sire you to submit to the Governor in his official capacity. I have no other authorities than the reasons I have just suggested and the fact that there is no opposing precedent, statute or other authority— and the probable and almost certain and very singular circumstance also that, while the Judiciary cannot act without executive authority or sanction in advance, if the Governor, doubting his own power, shall refuse to act, a man known to be insane may be unjustly hung to the discredit of the CommonAvealth, to the mortification of its just citizens, and to the disparagement either of its functionaries or its ju- risprudence. We care not about the form of the inquisition—whether it be by the Governor's own inspection, or by proof, or trial. But an inqui- sition we ask, and to one, in so;ne form, we are, as we humbly think, undoubtedly entitled. And we are sure that Ave cannot procure one without Executive sanction, and co-operation, nor for any other end than Executive information and action. Yours, &c, G. ROBERTSON. To Hon. John J. Crittenden. [A true copy.] Sept. 29th, 1845. Dear Governor:—If you intend to permit my son to die, for God's sake intimate it to me, and relieve me from this suspense. A. BAKER. As soon as it was ascertained that the Governor had declined ex- tending his constitutional power to pardon Dr. Baker, and that he had further declined issuing the writ of inquiry—alleging that this power Avas vested in the Judiciary only—application was made to Judge Buckner for that inquisition. The following letter Avill ex- plain the purport of this petition and response of Judge Buckner: Lexington, Oct. 1st, 1845. Dear Sir:—Application has this day been made to ine on the pe- * iNo response to this inquiry was received, as the publisher was informed. TRIAL OF DR. ABNER BAKER. 131 tition of A. Baker, sr., for a writ of habeas corpus in favor of A. Baker, jr., now under sentence of death by the judgment of the Clay- Circuit Court. The object of the petition is to have an inquest of lunacy. The fact of-lunacy at the commission of the crime has al- ready been tried, but the petition charges that he then labored under monomania, but that it is now total mania. I am of the opinion that I have the power to hold such inquest, and would grant the writ, if it would not interfere with the execu- tion of the sentence of another Court. If he were noAV found of un- sound mind, it could be of no avail, unless you should thereafter think proper to interfere. But if you shall think proper to respite the execution of the sentence, I will grant the writ and direct the in- quest as a means of ascertaining a fact to satisfy your mind. The object of the suspension, at this time, is only to give time to hold an inquisition. Yours, &c. R. A. BUCKNER, Jr. Gov. Owsley, Frankfort, Ky. When the above letter Avas presented to the Governor, he observed that he would consider of it by morning, (Thursday, one day preced ing the day of execution.) It was represented to him that it would be impossible to reach ihe prisoner in time to suspend the execution, if he delayed granting the respite -until the next day. He then re- marked he had decided the case and would not take it up again— and when he was informed that the friends of Dr. Baker had been induced to believe that he intended to grant a pardon or further res- pite, from the impressions made by him to Dr. Baker's friends and his own relatives—and that he Avas awaiting the arrival of Gen. Dudley before he could decide upon the case—the Governor replied that he had "never intended pardoning Dr. Baker"—that he ~had '■'no idea of turning him loose upon the community." The Governor having, a few days before the execution, expressed great anxiety to see Gen. Dudley, and that he could not determine upon Dr. Baker's case until he (Gen. Dudley) should arrive, it was reasonably anticipated that Gen. Dudley gave some opinion in rela- tion to this extraordinary case. The publisher wishing to learn the facts, believing it but justice to.make the result of his investigations known to the community, addressed to him the following letter—to Avhich no reply has been received: Louisville, Ivy. Nov. 25th, 1845. Dear Sir:—I am preparing for publication the Life and Trial of Dr. A. Baker, with a narrative of the circumstances attending his ex- ecution. Desiring to give a true history of the case, and to publish the facts that have occurred, I will take it as a favor if you will give me the information as requested below. \i the Governor requested of you, either directly or indirectly, any information in relation to Dr. Baker's state of mind when you were in Clay county; and Avhether he urged your return to Frankfort, giving you any intimation 132 TRIAL OF DR. ABNKR BAKER. that such information Avas desired by him? And what Avas the pur- port of this information that you may have given him, cither while you Avere in Clay, or upon your ieturn.? Your early reply Avill oblige, very respectfully, yours. C. W. CROZIER. Gen. Peter Dudley, Frankfort, Ky. It will perhaps be expected that the publisher will detail the char- acter and conduct of the prosecuting party. It would be unpleasant, and the publisher has no desire to expose to public vieAV the base and malicious conduct of any who have been engaged in bringing to an untimely end an unfortunate and deranged man, farther than the facts and circumstances make it his imperative duty. Believing it due to the memory of Dr. A. Baker, and the commu- nity, that the truth shall be given, it may be absolutely necessary to exhibit the true character and disposition of certain persons con- cerned in this persecution. The fact that during the trial of Dr. A. Baker the prosecuting par- ty, amounting to some thirty and more persons, were constantly armed and exposed their arms to the Court and Jury, is stated by so manj responsible and respectable persons that it Avill hardly be dis- puted. In relation to this fact, a gentleman Avrites as follows:—"You ask-me for such information as will aid you in giving a correct nar- rative of the late mob, &,c. The number of arms and armed men they had at their command during the trial I cannot ascertain, but I can safely say they thought they had a sufficient quantity to kill every friend Abner had upon the ground Avithin five minules after a difficulty might have been commenced." Another gentleman writes. May 6th, 1845:—"John Kinningham, of Clay, has visited Knox county, and procured all the pistols he could get, stating they intend. ed to give them (the friends of Baker) a battle." Another states that "from the time it Avas known that Dr. Baker had returned, great excitement Avas manifested by the Walkers, Whites, and others, many of them armed Avith rifles, pistols, double-barreled shot-guns," &c. "While the trial of Dr. A. Baker was progressing before the Court, armed men Avere placed about the doors and windows, and a number of guns were deposited in several places in the town of Man- Chester, at the instigation of the prosecutors." After the Governor had refused a pardon, Dr. A. Baker addressed a letter to one of his brothers as follows: "Don't fail to thank the ladies who have honored me with their visits Avhile in prison. Place this upon my grave: 'DR. A. BAKER, 'Died of his own hand on the-----day of-----, after being convict- 'ed, by a jury of his country calling themselves honest men, for 'shooting his brother in-law for having illicit intercourse with his wife- 'Aged 33.—1845.' TRIAL OF DR.- ABNER BAKEt:. 133 5tI have this morning heard that the Governor refuses to pardon me, and I here take occasion to vouch with my blood the truth of the statements that I have made in relation to the difficulties that brought about my conviction. I die Avithout having been heard, and the fault was in a great measure with my counsel: or, if Mrs, Bates had come up and stated the truth, I Avould have been acquitted. "I want you to insist in my writing, that I Avould not exchange my* feelings and my death for Mrs. Bates' feelings and her life; and that my last great glory is, that D. Bates fell by my own hands—not that I loved him less, but that I loved honor more; so his friends may at- tribute his death to his own baseness and nothing else." After this was written, Dr. Baker attempted to take his own life with a small penknife, by cutting the femoral artery: he made an in- cision of some two inches in length, about two inches beloAV Pour- part's ligament. This Avound caused a great loss of blood, and be- ing greatly exhausted, and his extremities cold, believing himself to be near his end, he repeated and reiterated the charges against his wife and Bates, and assured those present that all his statements in relation to them, were, most positively and unequivocally, true in every particular, and that he left the world confident that posterity would do him justice, and would be ^convinced of the veracity of these charges. The father, hearing of the circumstance, that his son had inflicted a mortal Avound, hastened out to see him in his supposed dying rno- ments. Upon reaching the jail, he asked permission of one of the officers of the guard to see his son Abner, and was refused! He re- newed the request to the jailor, and was again refused. In looking around the guard-, he observed a number of his old acquaintances, re- minded them of his long residence in Clay, of some twenty-five years, and that he had, during that period, endeavored to sustain the laws of ihe Commonwealth, and to establish law and morality among them— that they had once acknowledged his services—he had fed and clothed their poor and destitute—and, as they knew, had provided for the sick, administering to their Avants, and waiting upon them at unsea- sonable hours—and demanded of them if he had taken any pay for these services. "And is this my reAvard—that I am denied the last opportunity of seeing my unfortunate son?" Finding it unavailing to make any other request, the father left, and traveled some fifty miles to get the Judge of the circuit to give a letter of permission for the desired interview. The Judge requested one of the prosecuting •lawyers to write a letter. The letter was Avritten, leaving it option. ary'with the jailor to grant or refuse the interview. The father ic- turned—and met with the same denial. These facts Avere all made known to the Executive, who Avas also called upon for a letter of ad •mission. The Governor prepared a letter of the same import and 12 134 TRIAL OF DR. ABNER BAKER. construction to the one signed by Judge Quarles. The father conse- quently never had the desired interview.* As soon as it was understood by the prosecuting party that a par- don had been refused, they collected their forces, and, with a savage *;One of Dr. A. Baker's sister*, residing in Tennessee, hearing that ihe Gov- ernor had refused to pardon h»v brother, was deeply and sorely distressed. This sister was unable to attend the trial—and as she would have been an inipor- 'tant witness in establishing the fact of her brother's insanity, she resolved to visit the Governor and make her statement to huti, hoping that if his mind could be convinced on this point, he would not refuse a pardon. At her cai nest solicita- tion, her husband consented that the visit should be made—hoping that if her pe- tition was denied, that it might be some consolation to her distressed feelings, that she had made an effort to save the life of her unfortunate brother. The)1] trav- eled to the seat of government with but little delay, stopping but one night at her father's on the way. The father, witnessing her great distress, neither en- couraged or endeavored to dissuade her from her visit. Some of her brothers, however, were much opposed lo it, and used every argument to prevent the vis- it; but she determined to see the Governor—and, having her slate-ment written out for fear she might not be enabled to repeat it, arriving at Frankfort, a wor- thy and feeling magistrate is introduced to sign the affidavit He casually re- marked thnt he regretted to say that the Governor is understood to have made known that he will receive no more petitions in relation to a pardon. This un- expected information was like an electric shock to her feelings. She could barely say "I can but try." Repairing to the Secretary's office, she is introduced to the Governor, and, unable to suppress her feelings any longer, she ran to the Gover- nor, with uplifted hands and streaming eyes, crying out, "Oh, my brother!—my poor dying brother!—would to God I could be the humble instrument by which mv brother could be saved from an unjust and cruel death. I have visited you, in'opposition to most of my friends, believing and feeling, it my duty—my con- science has urged me. and my Father in Heaven has forced me here- I have had ik> peace, day or night—see you I must. And now, sir, you have it in your pow- er to relieve so many broken hearts—the almost broken heart of your old grey- headed friend, and mv own derir father, whom I love much. Can yon, sir, take anv pleasure in causing so much distress and unhappiness.'" Taking the Gover- nor by the hand, she told him that she looked npon every grey-headed man as a father, and asked if he had not children that he loved. "My old lather loves his son, and I love him too"—and falling upon her knees before him, she implored for one blessing— "Oh, give my troubled conscience peace, And grant my brother soon release." During this time the windows and doors of the office were crowded with spec- tators. It is said a number of them were deeply affected. One little bov return- ing home in tears, was asked the cause of his distress by his mother. I le replied he could not help it, to "see that poor distressed lady begging for the life of her brother." The Governor Avas apparently unaffected, but somewhat disconcerted with the noise, requested the husband to prevent this noise and confusion—that he would dislike to have his wife taken away. He was told such an exhibition of feel- ing was not anticipated, and her husband was opposed to it, and had en deavored to prevent it. The husband then read the affidavit to the Governor. So apparently cold and unfeeiing was the manner of the l.xecutive, that it was remarked there could be no hope of a pardon. A stranger, believing such to be the feeling of the Governor, put a note in the hands of'the husband with this question "Can you not get him to grant a respite until the meeting of the legis- lature." The Governor, seemingly desirous to get rid of his company by request, made an appointment to meet them at his own house at 3 P. M. They met at the place and time appointed. One of the Governor's daughters being present, ob- served that she had told her father Dr. Baker ica» deranged before he separated from his wife." TRIAL OF DE. ABNER BAKER. 135 yell, tore down the steps and platform of the jail, that there might might be no access to the doomed inmaie. Formidable preparations were made by augmenting the number of the guard, (by order of Judge Quarles,) to one hundred and more. Pickets were erected and port-holes made; and shortly afterwards the Madison county militia were ordered out by the Executive. A quantity of fire arms and large supplies of powder and lead, furnished through the prosecuting party at Richmond, Avere despatched with all possible haste. A monomaniac had inflicted a deep wound in attempting to com- mit suicide—stretched on his couch—emaciated—feeble—poAverless: the prison door some twelve or fifteen feet above the level of the ground—surrounded by a guard of some 150 men—fortified by pick- eting,