AFFIDAVIT.
"COMMONWEALTH OF MASSACHUSETTS.
"County of ——ss. Hugh Fuller of Crawford, in said county, yeoman, personally before me, and lying upon his death-bed, on oath declared that he affixed his name as witness to the last will and testament of the late Joseph Lee of said town and county, then lying on his death-bed, on the twenty-third of October, one thousand eight hundred and thirty-seven. And also at the same time and place affixed his signature to a deed by the said Joseph Lee, conveying property from him to widow Churchill.
"And the deponent farther declares, that the other witnesses of these documents were Oscar Colby, and Edward Stone.
"The deponent also solemnly declares that the papers were then delivered by said Joseph Lee to said Oscar Colby with instructions that the first document should be retained by him, Oscar Colby, until after the testator's decease, and that the second should be immediately conveyed by said Colby to the aforesaid Widow Churchill.
"The deponent still farther declares that the said Oscar Colby enjoined upon him and Edward Stone, now deceased, profound secrecy in respect to the first of these transactions; and that immediately upon the death of the late Joseph Lee, the said Colby came to him renewing the injunction with a proffer of money, as reward for so doing; and that both he and Joseph Lee, son of the deceased Joseph Lee, subsequently came to him to instruct him how to appear, and what to say, if cited before the Probate Court; and at the same time paid him certain sums of money in consideration of his maintaining such secrecy.
"And the deponent also declares that his abetting of this crime has ever since lain heavily upon his conscience, and has at times harrowed his soul with the most dreadful remorse; and that he cannot die in peace until he has made a frank, and full confession of this sin, and implored forgiveness of God, and his fellow men; more particularly of those whom he has thus injured.
"All this, the deponent declares to be true in the presence of that God before whom he expects in a few moments to appear; and the same was subscribed and sworn to on this fourth day of September, in the year of our Lord one thousand eight hundred and forty-four.
Hugh Fuller.
"Before me, George Wilson, Justice of the peace. In the presence of } Frank Lenox, } Martha Fuller, } Witnesses. Phebe Andrews, } Benjamin Hardy, } Crawford, September 4th, 1844."
| "Before me, George Wilson, Justice of the peace. | |
| In the presence of | } |
| Frank Lenox, | } |
| Martha Fuller, | } Witnesses. |
| Phebe Andrews, | } |
| Benjamin Hardy, | } |
In corroboration of this testimony, the following witnesses were called and sworn:
Frank Lenox, Allen Mansfield, Lucy Lee Mansfield, Susan Burns, Jacob Strong, who bore testimony similar to that given by them before the Probate Court, and showing the oft declared intention of the late Joseph Lee to revoke his first will, and to make a second.
They also testified that up to the time of the alleged crime, the prisoners were comparative strangers, and that from that period, they had been leagued together in the closest alliance; first in the house of the late Joseph Lee immediately after his funeral, then in the execution of the will, and subsequently in a voyage to Europe, from which they lately returned together after an absence of some years; and finally that they were together up to the time of their arrest.
To reveal the nature of their intercourse when together, Jacob Strong, steward of the late Joseph Lee, testified, that on the evening after the funeral of his master, his son Joseph, and Lawyer Colby were together in the back parlor of his master's residence, where they called for wines, brandy and cigars, and where they spent most of the night in drunkenness.
And he farther testified that at sundry times during the succeeding month, he had been often awaked at late hours of the night, by their midnight carousals; and alarmed by their abuse of each other. And that he had often interposed to separate and quiet them.
Here the prosecution closed the presentation of the case in behalf of the government, reserving the right to introduce rebutting testimony.
It being past twelve o'clock, the court adjourned till two P. M.
Two o'clock, P. M. Tuesday afternoon. The Court met pursuant to adjournment.