At the inner door, near the head of the stairs, stood a sheriff, who on recognizing the Doctor opened the door, and we stood within the room. Another deputy sheriff came forward and gave us a seat with the witnesses. Here my husband pointed out to me the seats of the judge, and the jury, the boxes for the criminals and the other parts of this temple of justice.

I will describe them to you. The Court-room is large; I should judge, about fifty feet by sixty. On one end of the Hall is a raised platform called the bench, and occupied by the Judges, with private entrances on each side for the convenience of the court. In front of the bench and on an elevation about half as high, is a space enclosed with a railing within which are tables for the Clerk, District Attorney and Attorney General. Before this railing is a table for the reporters, at which are seated a goodly number with pen in hand, eager to catch every word of this terrible trial, and to send the report thereof by the dailies and by bulletins all over the country.

Running along on each side of the room are three banks of seats, resembling long slips or pews, and occupied by the witnesses and jury. A walk or aisle runs along at the foot of these seats. The large open area in front of the reporters and of this aisle, is circled with a railing within which are seats and small desks for members of the bar. Just beyond the railing and opposite to the Judge are boxes for the criminals with sharp iron pickets on the top. All the rest of the unoccupied space was crowded on this occasion with a dense mass of spectators, some of whom had been standing ever since the opening of the Court-room.—Over the end of the Hall was a gallery densely crowded. One by one, the Jurors, Clerk, Lawyers, District Attorney, Attorney General and Judge entered and took their seats. As the large clock in the room struck nine, officers appeared leading in the prisoners.

I was obliged to put my arm around my distressed friend. She looked ready to faint; but holding strong volatile salts to her nose, she endeavored to control her feelings. Frank and myself regretted extremely that the Attorney General thought it necessary to summon her as a witness.

The court opened. The Clerk read the Docket, from which it appeared that the Grand Jury had found three bills against the prisoners at the bar; for conspiracy in obtaining property under false pretences—for wilful perjury—and for fraud.

On motion of the Attorney General, it was ordered that they should be tried upon the first of these, as it related to the primary, and principal crime. The Clerk called upon the prisoners to arise and attend to the indictment on which they were arraigned.

"COMMONWEALTH OF MASSACHUSETTS.

"County of ——. At the Court of Common Pleas, begun and holden in Crawford, within the County of ——, on the first Monday, being the fourth day of November, in the year of our Lord one thousand eight hundred and forty-four.

"The Grand Jurors for the Commonwealth of Massachusetts, upon their oath present that Joseph Lee, and Oscar Colby, gentlemen, of the town of Crawford, in the county of ——, not having the fear of God before their eyes, and being moved by an evil heart, and seduced by the instigations of the devil, on or about the first day of November, in the year of our Lord one thousand eight hundred and thirty-seven, in the town, county and commonwealth aforesaid, did wilfully and maliciously conspire together to secrete or destroy the last will and testament of one Joseph Lee deceased, of said town, county and commonwealth aforesaid. And did thereby feloniously and wilfully arrest the course of justice in the settlement of the estate of the deceased Joseph Lee, by setting up, and subsequently executing as his last will and testament, a will prior to his last, and thereby defrauding his legal heir or heirs, and so the Jurors upon their oath aforesaid do say that the said Joseph Lee, and Oscar Colby then and there, in the manner aforesaid, did commit the crime of conspiracy as aforesaid, against the peace of the Commonwealth aforesaid, and the laws in such cases made and provided.

A true bill.
James Frothingham, Foreman.
John Marshall, Attorney General."

To this indictment the prisoners plead "not guilty." The Clerk then proceeded to impanel the jury.

Moses Willard, District Attorney, appeared and took his seat. The counsellors for the defendants were Edgar Burke, and Sylvanus Curtiss.

Clerk of the Court. "Gentlemen of the Jury, hearken to the indictment found against Joseph Lee, and Oscar Colby."