Source:Local-matters-1849-04-18/content
Court of Quarter Sessions.
RESURRECTION CASE
Continued.
Afternoon Session.
Tuesday, April 16, 1849.
Mrs. Mary Harrison Sworn—Am the sister of Ellen Logan; saw her buried; saw parts of the body afterwards, when they were brought to my mother by Mr. Davis; the skull, hands, feet, and part of the leg; knew them by the marks on the fingers; did not know the feet; the nails of the fingers grew down; my sister was very sick for some five or six weeks prior to her death; she died ofthe [sic] consumption; saw Boyd when he came to my mother; he said that he was along when they took her out of the grave; that he had not helped to take her up, but was sick at the time; he said he deserved to suffer; I said that whoever had done it deserved to suffer, and should do so; I asked what had induced him to take her up, he said that the attending physician did not unders and [sic] some parts of her disease; he said that Dixon and Herron did not charge him anything for studying, and he did not wish to tell, but that if everything was not doneas [sic] they wanted it, he would have to take a "bullyragging."
No cross examination.
Miss Harriet Jones Sworn—Stopped occasionally at Mr. Boyds, in January last; he was out late at night after the burial of some lady; did not know her name; I did not ask her name; he was talking to his wife; he had been out late, and told about it the next morning; he said that he was out getting a subject; he did not then say whether it was a woman or man subject, but afterwards said that it was a young lady about my size; a chest was brought at night into his cellar, but I did not see into it; no hair was burnt there; do not know who took it away; it was a couple of days there; he did not say what grave yard it was from, but said that it was a young lady.
Cross examined—Called on Dr. Dickson to see whether Boyd was there; called to ask where my shawl was; Mrs. Boyd had borrowed it; did not offer for twelve dollars not to bear witness against Dickson; told Dickson that she would rather go away and not bear witness, but said that it would take ten or twelve dollars to pay my passage to my sister-in-law; had been stopping at Boyd's for about a week; my sister lives in Sandusky street, Allegheny; I lived in Boyd's about the beginning of January; he was sick and confined to bed two or three days; I did not leave Mr. Boyd's till they came there in search of the susject [sic]; I saw the chest there the last visit I paid to the house; the chest was not there when he was sick.
Cross Examination resumed—Boyd told me that he studied with Dr. Dickson; do not know where he went; went to Dickson's and asked where Boyd was.
Angelina Johnson Sworn—Lived in Mr. Boyd's house in January last, commencing on the ninth, and leaving on the eighteenth; there is a cellar under the house, and I saw a chest in the cellar, which was brought in at about ten or eleven o'clock at night; think it was about two or three nights after I went to live there; heard the voices of two or three persons; did not notice whether it was a dark or cold night; the chest was taken out in the evening, after it had been in the cellar two or three days; did not see where the box was taken to; did not look into it, as it was padlocked; did not notice the burning of any hair.
Cross Examined—by Mr. Burke—Lived in the same house as Mr. Boyd; my mother and I occupied the room over the cellar; went there on the ninth of January, and left on the eighteenth; had just come up from New Orleans; saw Boyd at night; had not gone to bed; think it was between ten and eleven, went into the cellar next morning, and saw a chest there; did not notice it particularly; do not know who brought it there, or who took it away; Boyd and my mother used the cellar in common; it was necessary to pass through our room to get to the cellar from Boyd's room; there was another way of getting to it from behind, but it was generally kept locked; rented the room from Mr. Boyd; he did not charge us, but the landlord collected it from my mother.
W C Johnson, Sworn—Am sexton of Dr. Swift's Church. Dug the grave for Miss Logan on the 9th. Opened it on the 29th. The lid of the coffin was smashed all to pieces. The position of the coffin was changed.
No cross examination.
Joseph H. Scott, Sworn—Was along with the other officers when they got the remans [sic]. The head, hands and feet were on the dissecting board. The rest of the remains in a barrel in the hay mow. The hay mow is on the same lot as Dr. Dickson's house.
Joseph Randolph, Sworn—Was one of the police officers who had a search warrant to search the premises of Dr. Dickson. Boyd left the country shortly afterwards. He was arrested in West Deer Township. Did not hear him say what was done with the grave clothes. In searching we found several dead bodies or skeletons. We went into Dr. Dickson's office, and he took us back. The key of the dissecting room was not there, and he climbed into the room. There was a carcase of a dog on the table, and that of Miss Logan. There were several bodies in barrels, all older subjects than that of Miss Logan.
Cross Examined—Boyd did dot [sic] hide from us.—He was in his father's house near the line of Butler county. The reason that I did not mention in my examination in chief that he was in his father's house, was that I forgot it. Robert Davis stated that he thought—he believed in his own mind that Drs. Dickson and Herron had done it, but that he had not sufficient evidence to convict them. Davis paid us our expenses, but no reward. Went to Boyd's house in Allegheny town, and asked where Boyd was. His wife said that he would be back next morning. Was satisfied in my own mind that he was on the point of leaving.
James McVicker, sworn—Know Boyd; had a warrant for his arrest; the first warrant was against Gray, Fowler, Dickson, and Boyd; could not find him after that time; found him eventually at his father's house, in West Deer Township, and arrested him there; he told me that he had no grave clothes, that there was no property in a dead body, and that if they removed any preparations of his he would make them suffer for it.
Cross examination.—This conversation took place as I was coming in; may have said that I could have arrested Boyd long ago if I had wanted; two of us went; the other officer had no warrant, but was acquainted with the country.
James Schoonmaker, sworn—Live in the city; went to Dickson by the advice of Mr. Stanton, to get the remains of Ellen Logan; Dr. Swift, Alexander Sample, John Irwin, Theodore H. Nevin, Robert Davis, Alexander Cameron, and I, went there; we saw Drs. Dickson and Herron; Dr. Swift stated the object of the visit; Dr. Dickson said that he had received a similar request from Mr. Harmon, the day before; and said that the conditions of his complying with it was, that Mrs. Logan should withdraw the prosecution against the young men; he did not know what could be gained by continuing it; did not suppose she wanted to make merchandize of the remains of her daughter; Dr. Swift replied, that when the safeguards to the repose of the dead had been broken down, it was necessary that they should be re-reared; Dr. Dickson said, that he had felt sorry for the old lady, but must confess he did not do so now; that he had talked saucy to Mr. Harmon the day before; Mr. Harmon had threatened to put the church on him; he said that he did not owe the church anything; and said again, that there was no use in our going any further in the matter, as the young men were out of our reach; that all they could do with them was to imprison them, and he supposed that they were not actuated by any vindictive feelings; he said that Dr. Herron had called on the previous day on Mrs. Logan, and she had got her back up, and if she did so, he would get his up too; he said that if we withdrew the prosecution against the young men, he would give up the remains seen by Mr. Davis, not that he admitted they were the remains of Miss Logan.
Cross examined—We went to the pastor and session of the church, as a trespass had been committed on the church property. It was not made a church matter.
Rev. Dr. Swift Sworn—Am Pastor of the First Presbyterian Church, of Allegheny. Attended the funeral of Ellen Logan. Went to Dr. Dickson at the request of Mrs. Logan, to procure the remains for reinterment. I do not recollect minutely what was said, but believe that it was substantially the same as was stated by Mr. Schoonmaker. We said that we had called to request the remains to be delivered for reinterment. He said he felt it to be inconsistent with his duty to deliver them; unless the prosecution was withdrawn.
Robert H. Davis Sworn—Have not heard Dickson, or Herron say any thing about the arresting the boy. Saw Dickson in the Mayor's Office on Saturday. Saw the remains taken down street from Dickson's premises. Came into the front room of the Mayor's Office, and Herron said that it would be a very unpleasant reflection to Mrs. Logan as long as she lived, that she had interred the bones of a prisoner who had died in the Western Penitentiary together with those of her daughter—I requested him to seperate [sic] them. He said I have "never touched, tasted, or handled them—that a dozen physicians could not tell the difference between the bones of a man, and a young girl, and that if we stopped the prosecution, and recalled those who were in exile, they would make the separation, as they knew how. I did not know either Boyd or Gray.
Officer Randolph Re-Examined—Went to Dr. Dickson's office in company with Boyd, and asked him to go his bail. He said that he had the best of all bail, leg bail, and that he had not made use of it. He said that he would not go his bail, that he had spoilt the caulculations [sic], or they could else have proved an alibi in Stephen Dixon's case. Dr. Herron stated in the Mayor's Office that he had furnished houses for Gray, Boyd, and the other, and he believed that Boyd wanted to be caught. He had gone and told Gray not to come back to town.
Mr. Davis, Re-Examined—Was at Mrs. Logan's when Boyd was there. He said that she, or we had not the principal men yet, and that he felt aggrieved, that he should bear the brunt of it, Mrs. Logan interrupted him and said "well Mr. Boyd, did you help to tear my child from her resting place," and Boyd said that he was present, but did not assist in digging the body.
The case on the part of the Commonwealth rested here, and
Dr. Flowers was called on the part of the defence—but could only state that he thought Mr. Boyd was a student of Dr. Hamilton.
Mr. Darragh then rose and said—that doubtless it was necessary that bodies should be dissected, but that great care should be exercised with regard to the bodies of those who were raised, so that the hearts of the survivors should not be wounded, and lacerated by the knowledge of so horrid and heart rending a fact. He then passed a high eulogium on the medical knowledge and ability of Dr. Dickson, and stated that neither he nor the eminent counsel who assisted the Commonwealth had any wish to unfairly torture or wrest the evidence to procure a conviction. The learned gentleman then very eloquently dwelt on the love which all nations, civilized and savage, felt for the graves of their fathers, and the inviolability which should be observed as to consecrated ground, and proceeded to expound the law upon the subject, showing that the disinterring dead bodies was regarded as an offence at Common Law.
Meeting of the Select Council on the subject of the Depreciation of the City Scrip.
The following Report and Ordinance were submitted for the purpose of remedying this evil.
The Finance Committee report,
That they held a meeting this afternoon for the purpose of devising some plan to allay the excited feelings of the community respecting the credit of the City Scrip, and came to the unanimous agreement to offer the accompanying draft of an Ordinance to the Councils, which, we believe, if passed, will do much to restore confidence in our scrip. The Councils are aware that the amount of our issues is but little over two hundred thousand dollars, of which the provision in the Ordinance, if passed, will absorb, or take out of circulation, a large portion of the same.
Frederick Lorenz, B. C. Sawyer, Harmar Denny, Isaac Jones, Robert McKnight, George W. Layng.
The second reading of the following Ordinance was then moved and carried, and Dr. Black then moved the third reading.
After remarks by Messrs. Layng, Lorenz, Black, Morrow, Kincaid, Shipton and Laughlin, the Ordinance was unanimously adopted.
"An Ordinance for the redemption of the City Scrip:"
Sec. 1st. Be it ordained and enacted by the citizens of Pittsburgh, in Select and Common Councils assembled, that the Committee on City Property be, and they are hereby authorized and required to, as soon as conveniently may be, to have the piece of ground known as the "Old Basin Lot," laid off into lots, and sold to the highest bidder, payment for the same to be received in the corporate issues of the city of Pittsburgh, of the denomination of one, two and three dollars, or in specie or other funds equivalent thereto. One third of the purchase money to be paid at the time of sale, one-third in six months, and the remainder in twelve months, with interest from the day of sale.
Sec. 2d. That the City Treasurer be, and he is hereby authorized to negotiate for City Scrip, the bonds of individuals held by the city for property sold, amounting to twenty-eight thousand dollars.
Sec. 3d. That the assessors of city taxes be, and they are hereby required to levy an additional tax of one mill on the dollar on all property taxable for city purposes, (as authorized by law,) the money so raised to be paid into the city treasury, and to be applied exclusively to the redemption of the City Scrip.
Sec. 4th. That for the purpose of consolidating the corporate issues of the city, as aforesaid, the City Treasurer be, and he is hereby authorized, whenever City Scrip to the amount of one hundred dollars or more is presented to him, to issue therefor, certificates of debt, redeemable in ten years, bearing an interest of six per cent per ann., from the passage of this ordinance, payable semiannually at the office of the City Treasurer, on the first days of July and January, in each and every year; said certificates not to be issued in less fractions than one hundred dollars.
Sec. 5th. That the faith, credit, revenue, and corporate property of the city be, and the same are hereby solemnly pledged for the redemption of the city certificates hereby authorized to be issued and for the payment of the interest accruing thereon.
Sec. 6th. That the City Treasurer be, and he is hereby instructed and required, in presence of the Finance Committee, or a majority of them, to cancel and destroy all such City Scrip as may be paid into the City Treasury, under the provisions of this ordinance.
The above ordinance has, of course, to pass the Common Council.
A resolution was offered by Dr. Black, appropriating the sum of thirty dollars for the removal of the remains of General Tannihill [sic] and lady, to the Western Cemetery. The grave has been opened in consequence of some alteration in the grade of the street.
On motion, the Councils then adjourned.
Arrest.—About two o'clock last night, four men were arrested by officers Barr, Reed and McCoy, under suspicious circumstances having been seen with jewelry, and goods of various descriptions. On examination two were discharged, and two held over for further hearing.
Resurrection Case—The jury in the case of the Commonwealth vs. Drs. Dickson and Herron, and Alfred Boyd, are now out, with instructions to bring in a sealed verdict to morrow morning.—The charge of Judge Patton was strongly against the prisoners.
Fire.—Anshutz's Steam Mill at Captina was burned down on Friday last. The building was totally destroyed. There was no insurance.
The following gentlemen have been elected Managers of the Western Hospital for three years: B. A. Fahnestock T. Bakewell, John Bissell, Geo. Breed, J. Carothers, Wm. Ebbs, John Graham.
A trunk belonging to one of the passengers on the Steamer Isaac Newton, was discovered to have been broken open during the recent trip of that fine steamer from Cincinnati to this port. The owner of the trunk declined proceeding against the offender, and he was suffered to go unpunished—perhaps to repeat the offence.
We call the attention of our readers ot the advertisement of Dr. S. M. Shannon, in another column. Dr. S.'s certificates are of the highest respectability, and we advise all who are suffering under the diseases he proposes to cure, to give him a call.
Larceny.—John Smith, (colored) was arrested on Monday night, by Officer Glenn, charged with a larceny committed at Saw Mill Run, in the house of Eli Neal. He was committed to jail by the Mayor.