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Freeman was arraigned on four indictments for murder. When asked whether he pleaded guilty to the first indictment, he replied, "Yes!" "No!" "I don't know!" "Have you counsel?" was the next inquiry. "I don't know," responded the prisoner, with a stupidity which astonished even those who were most eager for his death. "Will any one defend this man?" inquired the court. A death-like stillness pervaded the crowded room. Pale with emotion, yet firm and unflinching as steel, Gov. Seward, to the amazement of every person present, arose and said, "May it please the court, I appear as counsel for the prisoner!" It would be impossible to describe the excitement which followed this announcement, or the threatening demonstrations which it called forth. David Wright, Esq., of Auburn, a well known lawyer and philanthropist, volunteered as associate counsel in defence of Freeman. The attorney general, John Van Buren, conducted the prosecution.

Gov. Seward presented to the court in bar of a trial, that the prisoner was then insane. Issue was taken on this plea, and a trial was directed by the court, on the question of Freeman's sanity at that time. After protracted efforts similar to those which took place in Wyatt's case, a jury was impanneled to try this preliminary question, but they were already evidently fixed in their convictions of the sanity and guilt of the prisoner.

Gov. Seward's political party, throughout the state, shrinking from the unpopularity in which he had involved himself, in a proceeding universally denounced by the press, abandoned him. While these proceedings were pending, the delegates to the convention called to revise the constitution of the state of New York, assembled at Albany. The whig party was supposed to be compromised by Gov. Seward's known bias in favor of extending the right of suffrage to the colored population. The result of the election of delegates had been an overwhelming defeat of the whigs. The exclamation was universal, that whatever might be the fate of the whig party hereafter, Gov. Seward was effectually

lost.

Still he did not falter, but sternly persevered in what he conscientiously believed to be the line of his duty, and was the only person engaged in these transactions, except his client, who was calm and unmoved. The trial, on the question of the prisoner's sanity, continued two weeks, and was contested by Gov. Seward

with an energy, perseverance and skill, that drew plaudits from his most violent opposers, and that could not have been exceeded had millions of dollars depended on the issue. His argument at the summing up, for eloquence, pathos, sound legal views, and thorough knowledge of human character, has rarely been excelled at the American bar. At length, when the jury retired, it was at once found that eleven were agreed that the prisoner was sane. The twelfth declared his unchangeable opinion that Freeman, although sane enough to know right from wrong, was yet so unsound in mind as not to be responsible for his actions. The disagreement and discussion in the jury-room being privately communicated to the court, information was returned to the jurors that the verdict would be accepted, although it gave no direct response to the question at issue, and was couched in equivocal language. They accordingly brought in the following verdict-" We find the prisoner at the bar sufficiently sane to distinguish between right and wrong." In an earnest and elaborate argument, Gov. Seward protested against the reception of this verdict, as it was illegal, pointless, and irrelevant. But it was pronounced by the court to be sound and satisfactory, and Freeman was forthwith put upon his trial for the murders charged against him.

He was directed to stand up and plead to the indictment. But it was evident to every spectator that the wretched imbecile had not the faintest conception of the nature of an indictment, or of the object of the scenes around him, in which he unconsciously bore so conspicuous a part.

We shall be pardoned for introducing here the following extract from a vivid description of the scene which transpired at the reading of the indictment, by a clergyman of Auburn, who attended the trial, and was an eye-witness of the proceedings:

The District Attorney, (Luman Sherwood, Esq.,) with the bill of indictment in his hand, called out-" William Freeman, stand up." He then approached quite near the negro, for he was very deaf, and read the indictment. At the conclusion, the following dialogue ensued:

Dist. Att.-Do you plead guilty, or not guilty, to these indictments?
Freeman.-Ha!

D. A.-(Repeating the question.)

F-I don't know.

D. A. Are you able to employ counsel?

F-No.

D. A. Are you ready for trial?

F-I don't know.

D. A.-Have you any counsel?

F-I don't know.

D. A.-Who are your counsel ?

F-I don't know.

At this stage of the proceedings, Gov. Seward could no longer restrain himself. He buried his face in his hands, and burst into tears-and seizing his hat, he rushed from the court-room, perfectly overwhelmed with his feelings. And who that had but a common share of sympathy, could fail to be most sensibly moved at witnessing such a procedure on a subject so awful, allowed before one of the highest tribunals of the land. An instrument read to this idiotic creature, pregnant with his death, requiring him to respond to the same, when the wretched being had not the first glimpse of what it all meant, or what effect it would have upon him. D. Wright, Esq., who had assisted Gov. Seward on the preliminary trial, arose after the reading of the indictment, and declared he could not consent longer to take part in a cause which had so much the appearance of a terrible farce. But Gov. Seward, (who had returned to the room,) immediately sprang to his feet and exclaimed-" May it please the Court—I shall remain counsel for the prisoner until his death!" At the solicitation of the court, Mr. Wright finally consented again to take part in the cause, and assist Gov. S.

As the commission of the acts charged were not denied by the prisoner's counsel, the only question at issue was his sanity at the time of the homicide. Gov. Seward labored with unwearied assiduity to establish the insanity or dementia of Freeman, of which he was himself satisfied beyond a possible doubt. At great expense, defrayed by himself, he summoned into court the most eminent medical professors and practitioners from various and extreme parts of the state, whose intelligent and unbiased testimony fully sustained the ground on which he urged the defence.

At length after a laborious and exhausting trial of two weeks' duration, aided by the abhorrent nature of the crime, the overwhelming popular clamor, and various decisions of the court, subversive in many instances, of established rales in capital trials, the attorney general succeeded in procuring from the jury a verdict of guilty.

Gov. Seward's efforts in behalf of the prisoner were thus defeated. But he had faithfully discharged his duty, and the responsibility of holding an insane or idiotic person responsible for his deeds, rested not with him. Freeman was adjudged and condemned as a sane man. Gov. S. had no more to offer in that place, and the court was suffered to proceed in passing sentence upon the prisoner.

As in reading the indictment, so in the passing of the sentence, a scene occurred unparalleled, we venture to affirm, in any court of justice. Instead of standing in the dock as is customary, the

Judge directed the prisoner to be brought to his side upon the bench. The Judge then said to him :

"The jury say you are guilty. Do you hear me?"

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"The jury," repeated the Judge, “say you are guilty. Do you understand?"

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"Well! they are those gentlemen down there," continued Judge Whiting, pointing to

the jurors in their seats-" and they say you are guilty. Do you understand?"

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No!"

They say you killed Van Nest. Do you understand that?" "Yes!"

"Did you kill Van Nest?"

"Yes!"

"I ar
am going to pronounce sentence upon you. Do you understand that?"

"No."

"I am going to sentence you to be hanged. Do you understand that?" "No."

The prisoner was then led back to the dock, and the Judge proceeded to pronounce sentence of death upon him. This he did in the form of an address read to the audience-thus tacitly admitting, what was evident to every person in the immense multitude present, that Freeman knew not a word he uttered, or the strange scene thus transpiring. He was conveyed to his cell as unconscious of the sentence that had been pronounced upon him, as an unborn child.

A bill of exceptions was prepared by Gov. Seward, but the Judge refused a stay of proceedings. It was however, subsequently granted by a Judge of an appellate court, and in October following, on a full review of the whole case, a new trial was granted. But Freeman, who had proved himself a monomaniac in the committal of the homicide, now sunk so low in dementia, that Judge Whiting, before whom he was tried and convicted, pronounced him incompetent for another trial, and refused to proceed with the case. A few weeks later, the wretched and imbruted William Freeman passed from earth to the presence of a more wise and merciful Judge.

A post-mortem examination was made, by the most eminent physicians in the state, which showed that Freeman's brain was diseased and destroyed. The publication of Gov. Seward's second argument* in this remarkable case, an effort of the highest and

*See Vol. I. p. 409.

most attractive character, unsurpassed in eloquence, logic and legal ability, had already wrought a reaction in public opinion, which was rendered complete and universal by this postmortem examination. Now, there is no one act of Gov. Seward's life, for which society is more grateful to him than that of having saved the community from the crime of the judicial murder of Freeman-an ignorant colored boy who had been confined in the state prison for an offence of which he was innocent, and driven to lunacy by a sense of the injustice of his punishment, and by inhumanity in the exercise of penitentiary discipline.

Before leaving this case, it is due to Gov. Seward to insert another extract from an article by the clergyman in Auburn, to whom allusion has already been made, written immediately after the conclusion of the trial, and published in the journals of the day. It describes the impression made at the time by the highminded and humane course of Gov. S. on a class of individuals who did not allow retaliatory emotions to cloud their judgment, or harden their feelings, against the forsaken creature who committed the dreadful homicide. The sentiments it utters in regard to the part taken by Gov. Seward in this remarkable case, we are confident will find a response in every unprejudiced and humane heart.

The conduct of Gov. Seward in this painful affair reflects the highest honor upon him. Shocked, horrified, though he was at the awful tragedy which had been enacted, and which had destroyed a family with whom he was on terms of intimate friendship, yet seeing the blood-stained, wretched negro deserted by all, even those of his own caste and color, and becoming abundantly satisfied that he was an insane, irresponsible being, he nobly volunteered in his defence. Moved alone by the sympathies of his generous soul, and a high sense of duty to the weak and defenceless-in opposition alike to the entreaties of friends ever watchful of his reputation and interests, and the imprecations of an incensed multitude, eager that the blood of a demented creature should be shedhe boldly threw himself between the victim and those who would hurry him in hot haste to an ignominious death! Without fee or compensation of any description, for four weeks he toiled through the sultry hours of the summer day, far into the shades of night-sparing no time, no strength, no ability-contesting every inch of ground, with an industry, a perseverance, an unyielding faithfulness, that wrung commendation even from those most exasperated against his idiotic client. And all this for whom? For a NEGRO-the poorest and lowest of his degraded caste-and who though seated directly by his side, did not know that he was his counsel-was not even aware that one of the mightiest intellects of the age, one of the noblest spirits of the world, was taxing his utmost energies in defence of his life!

In his eloquent appeal on the preliminary trial respecting Freeman's insanity, Gov. Seward alluded to the excitement which had been kindled against him for the faithful

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