The sheriff rapped and thundered "order in court." Still he raved and swore like a maniac, and the sheriff could not control him.
Though he was heavily ironed, it required the full strength of several constables to keep him quiet.
Order being restored, Mr. Willard said, "I will here introduce two items of written testimony to rebut the charge of insanity against the author of the affidavit, the principal witness for the prosecution, and to confirm other testimony for the government already before the court. It was not known that these items existed, when we concluded the presentation of the case in behalf of the Commonwealth. I put in as written testimony, first, the last will and testament of Joseph Lee, deceased, which is as follows:
"'In the name of God, Amen. I, Joseph Lee Senior, of Crawford, in the County of ——, Commonwealth of Massachusetts, gentleman, being on my sick bed, and in the near prospect of death, but of sound and disposing mind and memory, do make and publish this my last will and testament, hereby revoking a former will made by me, and signed and sealed on the fifth day of August, one thousand eight hundred and thirty-five.
First. I hereby constitute and appoint my beloved son-in-law, Allen Mansfield, to be sole executor of this my last will, directing him to pay all my just debts and funeral charges out of my personal estate, as soon after my decease, as shall by him be found convenient.
Second. I give and bequeath to my beloved daughter, Lucy Lee Mansfield, all the real estate of which I may die possessed.
Third. I give and bequeath to my faithful steward, Jacob Strong, and to my faithful house-keeper, Susan Burns, each the sum of one thousand dollars.
Fourth. I also give and bequeath to each of my faithful servants, Samuel Dane, Sarah Brown, and Maria Keys, the sum of five hundred dollars.
Fifth. I give and bequeath the sum of ten thousand dollars as a fund to the Pastor, Rev. Asa Munroe, and Deacon Simon Crocker, and Deacon Josiah Hanscomb, of the first Congregational church in this place, to be held in trust by them and their successors in office forever, subject to the advice of said church. The annual income thereof is to be by them expended for the relief of the poor, and for objects of charity; a preference being always given among the poor to those impoverished by intemperance; and among objects of charity to those more immediately under their observation.
Sixth. I give and bequeath all the residue of my personal property to my son-in-law, Allen Mansfield, Frank Lenox and John Marshall, and their successors whom they shall appoint, to be by them held in trust, and at their discretion used for the support, and personal comfort of my son, Joseph Lee, and to his heirs after him; or in the event of his death without legitimate offspring, the same shall after his decease revert to my daughter Lucy Lee Mansfield, her heirs and assigns forever.
In testimony whereof, I, the said Joseph Lee, have to this my last will and testament, set my hand and seal, this twenty-third day of October, in the year of our Lord one thousand eight hundred and thirty-seven.
Joseph Lee. [L. S.]
Signed, sealed, published, and declared by the said Joseph Lee, as and for his last will and testament, in the presence of us, who at his request, and in his presence, and in the presence of each other, have subscribed our names as witnesses hereto.
Oscar Colby,
Edward Stone,
Hugh Fuller.'"
After he had carefully folded the tattered document and replaced it in his pocket-book, Mr. Willard read the other item of documentary testimony, which proved to be this note of hand.
"For value received, I promise to pay Oscar Colby or order, five thousand dollars annually, on the first day of January, in each year, during the term of his natural life.
Signed, Joseph Lee."
Crawford, November 23, 1837.
On the back of this note were seven annual endorsements of five thousand dollars each; amounting to thirty-five thousand dollars.
Turning to the Judge, he then said, "May it please your Honor, and you, Gentlemen of the Jury, I am instructed by my colleague, the Attorney General, to submit the case in behalf of the Government without argument or comment. This we do from a conviction that after such disclosures, and this array of testimony, a closing argument would be not only a superfluity, but almost an insult to your understanding."
When he had resumed his seat, Mr. Burke for the defence arose, and said, "May it please your Honor, and you Gentlemen of the Jury, no persons can be taken by greater surprise at these remarkable disclosures, than the counsellors for the defence. And cordially concurring in the remarks of the learned counsel for the prosecution, we have concluded to follow his worthy example, and submit the case without argument, merely invoking for our clients as large a share of commiseration, as may consist with your sense of justice, and with the laws pertaining to their cause."
The Judge arose from the Bench, and in slow, and grave accents, commended the counsellors, both for the prosecution and the defence for the brief and direct manner in which they had mutually yielded the case to the court. "The same considerations," he added, "which have in their judgment superseded all demand for a closing argument, lead me, Gentlemen of the Jury, to feel that there can be no occasion for my giving you a prolonged charge. The nature of the crime for which the prisoners are arraigned and the penalties which it incurs, have been so properly and ably expounded to you by the counsellors as to supersede the necessity of additional comment thereon by the Bench. The trial has been protracted, and your minds must have been perplexed with doubts respecting the importance to be attached to the confession of Hugh Fuller until the introduction of the documentary testimony just submitted, which pours a flood of light upon the case, which of itself would seem sufficient to establish their guilt, and which, taken as a corroboration of the direct and circumstantial testimony previously before the court, amounts to an array of evidence seldom presented. If this evidence has convinced your judgment of the guilt of the prisoners, you will render your verdict accordingly."