09
THE
ARREST, TRIAL, CONVICTION.
AND
CONDEMNATION
OT
KING ALCOHOL,
22
ALIAS–RUM, BRANDY, WINE, BEER, &c.,
BEFORE THE
WASHINGTONIAN COURT OF OYER AND TERMINER,
HELD AT JERSEY CITY, JANUARY TERM, 1844,
RS
WITH
A FULL REPORT OF THE TESTIMONY, ARGUMENTS OF
COUNSEL, CHARGE OF THE COURT TO THE JURY,
AND
FINAL SENTENCE AND EXECUTION.
NEW YORK:
1
PUBLISHED BY S. W. BENEDICT & CO.
1844.
SOLA
esa GG G4|

TO
le
ELISABETH WOODBURN
Books on Garden, Farm &
Home - Booknoll Farm
Hopewell, New Jersey

THE
ARREST, TRIAL AND CONVICTION
OF
KING ALCOHOL.
66
66
PURSUANT to notice a goodly number of Washingtonians met at the
Eagle Hotel, corner of Grand and Hudson streets, in Jersey City, on Satur-
day evening, 30th December, 1843: when, on motion,
SAMUEL DAVISON was chosen Chairman,
LEBBEUS CHAPMAN
Secretary, and
ASA VANDERGIFT
Treasurer.
The meeting having been thus organized, the President, in a manner
suited to the occasion, informed the meeting that Mr. PETER LAMB, the
keeper of the Eagle Hotel, had, through the influence of the Washing-
tonians in Jersey City, come to the noble and praiseworthy resolution to
abandon the sale of all intoxicating liquors for the future. That he, together
with his wife, would on Tuesday evening next attend the meeting of the
Washington Temperance Benevolent Society of Jersey City, at Washing-
ton Hall, and that then and there they would publicly subscribe their
names to the Washington Temperance Pledge.
The President also stated, that this was the oldest tavern in Jersey
City; that he himself had known it as such for thirty-five years; that
this house had been the resort of thousands and thousands of men and
youth; and that here Intemperance had slain its victims, and had been
the means of bringing misery and degradation on many innocent wives and
children, who otherwise might have been happy and prosperous. But
now the scene was changing; a happy state of things was about to
take place. This spot, which had long been marked as a disgrace,
was now to become a house of peace and respectability.
The President having concluded his remarks, it was
Resolved unanimously, That this meeting pay or cause to be paid to Mr.
Peter Lamb the sum of fourteen dollars, the estimated value of his stock
of liquors and appendages.
Resolved, That John Hellerman, Asa Vandergift and Ab’m. Cisco be,
and they are hereby appointed a committee to receive and take charge of

2
the said liquors and stock, and prepare them for exhibition at Washing-
ton Hall on Tuesday evening next.
Resolved, That the gentlemen composing this meeting be a committee
to superintend the exhibition and final destruction thereof, on Tuesday eve-
ning next, in such way and manner as shall by them be deemed best for
the promotion of the Temperance Reform.
Resolved, That Henry Amsden, John Perrine, Garret P. French and A.
Vandergift be, and they are hereby appointed a committee to destroy forth-
with the barrel of cider which comprises a part of Mr. Lamb's stock.
[The said committee reported instanter, that they had performed the
duties assigned them.]
When, on motion, it was
Resolved unanimously, That it be recommended to the Washington T.
B. Society of Jersey City, to commence a public prosecution against King
Alcohol on Tuesday evening next, at Washington Hall. That Lebbeus
Chapman, Esq., be instructed to act as the prosecuting attorney, and pre-
pare a proper bill of indictment against King Alcohol, in the name of the
Washingtonians of Jersey City. That Frederick B. Betts, Esq., be assigned
as counsel for defendant, with power to associate with him such other
counsel as the nature of the case might demand.
It was further Resolved, That the gentlemen comprising this meeting
should be a panel, from which the jurors should be drawn to try this
cause.
On motion, the meeting adjourned.
LEBBEUS CHAPMAN, Secretary.
TRIAL.
TUESDAY EVENING, 2D JANUARY, 1844.
THE Washingtonian Court of Oyer and Terminer was duly organized
and lawfully constituted.
SAMUEL DAVIDSON, President Judge.
MARINUS and WARE, Associates.
The following named gentlemen were drawn as Jurors, and took their
seats accordingly, viz. :
JOHN HELLERMAN,
NEHEMIAH KNAPP,
ASA VANDERGIFT,
BENJAMIN TURNOCK,
GARRIT P. FRENCH,
ABRAHAM CISCO,
HENRY AMSDEN,
JOSEPH GLASSON,
JOHN AYRES,
ISAAC POWER,
FREDERICK BOYCE,
JAMES MOORE.
The Jurors having been duly qualified, the prisoner, with his insignia,

3
one demijohn and twelve decanters, was placed at the bar, to the great
astonishment of an assembled multitude; who, on beholding his pale
visage, sent forth bursts of indignation. Order having been restored,
the counsel for the prosecution read the following Bill of Indictment.
TRUE BILL OF INDICTMENT
AGAINST
KING ALCOHOL, ALIAS RUM, BRANDY, GIN, WHISKY, MALT LIQUOR,
WINE AND CIDER.
WE, the Good People, Washingtonians of Jersey City, in the
State of New Jersey-In virtue of the power and authority in us
vested, Did on the 30th day of December, 1843, before a Court
of Inquiry and Inquest, duly and lawfully convened for such and
similar purposes, hear and examine certain charges and com-
plaints then and there made against him the said “ King Alcohol,
alias, Rum, Brandy, Gin, Whisky, Malt Liquor, Wine and
Cider”-accusing him of deeds unlawfully committed against the
peace and safety of us the Good People aforesaid.
And we, the said Good People aforesaid, in and by virtue of
the authority of the said Court of Inquiry and Inquests, do find
him, the said “King Alcohol, alias, Rum, Brandy, Gin, Whisky,
Malt Liquor, Wine and Cider,” guilty of many criminal offences
and violations of Law and Order, and which are more particu-
larly named and set forth in the following counts, viz. :-
FIRST.–Of wilfully and knowingly disturbing the public
peace-
SECOND.—Of leading our sons and daughters astray from paren-
tal care and authority-
THIRD.-Of destroying the reputation and character of our
young men-
FOURTH.-Of causing the husbands of our daughters to abuse
their wives,"and neglect their families
FIFTH.-Of inflicting sickness and death on men, which is
murder in the first degree-
Sixth.—Of having fixed his residence among us without law-
ful authority
SEVENTH.—Of occupying our dwellings and public places,
without paying rent therefor-
Eighth. -- f still occupying the Railroad Depot, and many
other places, without our permission-
NINTH.–Of making many of our children orphans-
TENTH.—Of causing our Fathers to commit heinous offences
against both God and man-
ELEVENTH.-Of aiding and abetting the Counterfeiter-
TWELFTH.-Of setting fire to our dwellings-

4
THIRTEENTH.—Of burning up our wives and children-
FOURTEENTH.—Of highway robbery and of theft-
FIFTEENTH.—Of causing our land to mourn—by spreading
destruction and desolation in all its horrid forms, over all within
his reach.
Now, know ye, therefore, all persons to whom the same shall
come—That it is hereby ordered and commanded, that the said
King Alcohol, alias, &c., as aforesaid, shall be brought to appear
and
in his own proper name and person, answer by his counsel,
F. B. Betts, Esq., before the Washingtonian Court of Oyer and
Terminer, to be held at the Washington Hall, in the City and
State aforesaid, on Tuesday evening next, the 2d day of January,
1844, at seven o'clock, then and there to be tried on the said
fifteen counts, hereto set forth and named, by twelve good and
true Washingtonian Jurors--duly qualified-and from whose im-
partial verdict there shall be no appeal.
Witness the seal of the said Court, this 30th day of December,
in the
year
By Authority,
L. CHAPMAN,
Prosecuting Atty.
To which the prisoner at the bar, by his counsel, plead NOT
GUILTY.
1843.
L. S.
THE COUNSEL FOR THE PROSECUTION.
May it please the Court and Gentlemen of the Jury-
The prisoner at the bar, stands indicted for various crimes and
misdemeanors—which are distinctly set forth in the fifteen
counts contained in the Bill just read in your hearing.—This,
Gentlemen of the Jury, is a cause in which not only the commu-
nity around are deeply interested—but it is a cause in which the
interest of our whole country is involved—and upon your
verdict
the future welfare of our nation materially depends. I shall prove
to you, gentlemen of the jury, that the prisoner at the bar, has by
his innumerable crimes, and also by his wide-spread influence, in-
flicted more misery upon the human family than all other vicious
persons combined. I shall show to you, gentlemen, that the pri-
soner at the bar enters our dwellings at the midnight hour—that
he fires our habitations, and burns up our wives and children; that
he cuts down and destroys the best men in the country; that he
invades the sacred desk; that he walks in the midst of the
churches; that he brings our children to want; that he sends our
fathers to the scaffold; in fine, that the prisoner at the bar has
from time immemorial been a curse to the world—and now, Gen-
tlemen of the Jury, we look to you for strict and impartial justice,

5
in a verdict which we trust will secure to us and our children
future peace and happiness.
FIRST WITNESS.
am.
CAPTAIN WILLIAM A. WISDOM was called as the first witness
on the part of the prosecution.
Q. Are you acquainted with the prisoner at the bar ?
A. I
Q. How long have you known him?
A. About thirty years.
Q. What is his general character ?
A. Very bad.
Q. In what particular is his character bad ?
A. In every particular; he has cheated me out of my money ;
has led me into riots and fighting; has thrown me down upon the
ground; has bruised my flesh, and inflicted a thousandother evils.
Q. Did the prisoner at the bar ever cause you to violate the
Sabbath ?
A. A great many times.
Q. Was
you drunk or was you sober at those times?
A. Drunk to be sure; it is very rare you see a sober man vio-
late the Sabbath Day.
Q. If all the grog-shops and taverns were done away with, do
you
believe there would be as much violation ofsthe Sabbath?
A. By no means ; I said before, sober men do not often vio-
late the Sabbath.
Q. Has the prisoner at the bar ever caused you to abuse your
family?
A. Many a-time; he has made me neglect them, leave them
without food and the comforts of life.
Q. Do you know that the prisoner at the bar resides among us
at the present time?
A. Yes; I see him in all the great hotels in New York and
Philadelphia ; and in almost every cellar and low hole where he
can find customers.
Q. What does he do in all these places ?
A. Why he shakes hands with the high and low in them-
he sells to gentlemen of the first respectability things which he
calls Mint Juleps, Sherry Cobblers, Champagne, Old Cognac,
and many other genteel names; in the lower order of places,

6
he associates with men furnishing Beer, Whisky, sour Cider, in
all the forms imaginable.
Q. What is the effect of the prisoner at the bar on the gentle-
men you describe, after their intimacy ?
A. Some of them look foolish; others cannot walk straight;
some become quarrelsome. I have seen a gentleman while under
the influence of the prisoner at the bar, knock down his best
friend; and, I have known such a man, after he got home, beat
his wife and children, and then turn them into the street.
Cross-Examined by Counsel for defence.
Q. You say you have known the prisoner thirty years?
A. Yes,
Q. How long is it since you have declared off from him?
A. About three years.
Q. Previous to that time you were good friends?
A. Yes.
Q. How is it that you came to the conclusion to turn your old
acquaintance adrift?
A. Because I had learned by experience that I had been made
a fool of; and that he had blasted my character, disgraced my
family, and destroyed all my hopes for this world and the world
to come.
Q. Are you not prejudiced against the prisoner at the bar ?
A. I think I am.
Question by Counsel for prosecution.—Captain Wisdom, since
you signed the pledge and renounced his company, have you
not enjoyed better health, had
peace
in your family, and are you
not all now happy together?
A. Since I signed the pledge, and which, by the help of God,
I have kept, and always hope to keep, I have been happy, healthy,
and prosperous, and my family now enjoy peace; to which, before
I signed the pledge, they were strangers.
SECOND WITNESS.
Mr. J.K. NAGLE called.
Q. Mr. Nagle, do you know the prisoner ?
A. Yes, sir; to my sorrow.
Q. Why to your sorrow?
A. Because the rascal was in the habit of abusing me for
twenty years.
Q. How did he abuse you?
A. Why, when he got the advantage of me, he blacked my

7
eyes, tore the clothes off my back, never let me get married,
robbed me of my money, destroyed my character, made a liar
of me, taught me to swear and also to steal, set me fighting
my sister, made me abuse my good old mother, and laid me
on a bed of sickness: he would live in my house, disturb the
family, and keep them awake all night.
Q. Have you ever known the prisoner at the bar to be the means
of causing death?
A. Yes; in two instances. I knew a young woman, while in
a state of intoxication, commit suicide by jumping into the
Delaware. The other was the case of a man who, while in a fit
of drunkenness, fell into the machinery of a mill, and was crushed
to death in an instant.
Q. Mr. Nagle, are you a reformed drunkard ?
A. Yes, thank God, I am.
Q. How long since you pledged yourself to have nothing more
to do with the fellow?
A. Going on three years.
Q. What has been your course of conduct since you signed the
Pledge ?
A. Why, sir, I have been a sober man, to be sure, like all
other good Washingtonians.
Q. Do you never drink anything now?
A. Drink anything now? Yes, to be sure; I drink pure
cold
water, just as it comes from the spring.
Q. I mean,
don't
you
drink rum now-a-days?
A. Do you think I'm crazy? No sir; I have promised before
God and man never to touch, taste, or handle anything belong-
ing to the prisoner at the bar.
Q. You know the prisoner to be a thief, robber, and a mur-
derer?
A. I do.
Question by counsel for defence.
Q. Mr. Nagle, you seem to know a great deal about the pri-
soner; pray, tell the court and jury whether you did not always
find him to be a clever, sociable fellow, and such a person as
would be a suitable companion for any man?
A. As for all this, Mr. Lawyer--[Address yourself to the
jury.]-Well, Gentlemen of the Jury, I used to think the prisoner
at the bar a first rate fellow, but then you must know I was a fool
in those days, just as many of our great men are now.
I was

8
deceived by the prisoner, just as he is deceiving a great many
good, pious men now-a-days. O, how I pity them! They'll
find it out when it is too late.
Q. I did not ask you if you was a fool; I knew that before ;
but I ask you to tell the jury what you think of the prisoner now?
A. Why, I think he is a bad subject.
Q. You are prejudiced against the prisoner, I suppose ?
A. Oh! no; I like old Alchy still. You know there's a kind
of old fashioned hankering after that old taste, which gets into
every gentleman's rumpipe, and its hard to get it out : but this
old Washingtonian Pledge is a cure-all.
Q. Why is it, Mr. Nagle, that so many of our respectable men
in society keep company with the prisoner at the bar, if he is so
bad as represented ?
A. It is because they have kept company with him so long
they can't help loving him. Besides, they are blind to his cha-
racter, as well as to their own. You know some fools have, in
times past, had a good deal to do with the devil, and some do in
these times, I suppose; at least, all such as love rum have a kind
of respect for the old fellow: for my part, I have given up the
prisoner at the bar and all his companions, for a bad job.
Counsel. That will do, Mr. Nagle ; you may sit down.
THIRD WITNESS.
Mr. EDWIN A. WARE was then called.
Counsel for prosecution. Mr. Ware, you are a Washingtonian,
I understand ?
A. I am, thank God.
Q. You have been a drunkard, I hear ?
A. I have, of the worst kind.
Q. How came you to sign the Pledge ?
A. Why, I was persuaded to do so by a stranger, whom I
afterwards learnt was a Washingtonian.
Q. Could you not find friends
other people ?
A. Very rarely.
Q. Are you a Bostonian?
A. I am.
Q. What is your profession?
A. A book-binder.
Q. Having been a drunkard, you can tell the jury what has
among

9
been your experience with the prisoner at the bar. Now, Mr.
Ware, be particular, and take your own time for it.
A. When I went to learn my trade, there were eleven of us
apprentices; there I learnt to drink rum, and by the time I had
finished my trade, I was what the world calls a genteel young
man, and a fashionable moderate drinker. I had a mother and a
sister living in Boston, and who said and did everything in their
power to encourage me to do well, and become a respectable man:
but all to no purpose. I kept late hours, and when I went home
I would manage so as not to let my mother and sister know I
was intoxicated; but at last I had become so abandoned that it
was thought best by my companions to try my luck in New York.
To this my mother and sister reluctantly assented. The time for
my departure came, and on the night before I was to leave in the
stage, I went home and found my mother packing up my trunk.
I pretended to be reading the newspaper—the tears rolled down
her sorrowful cheeks- I could not stand it, and went up stairs to
bed. I fell asleep, but how long it was I know not; I awoke,
and there, by my bed-side, on her knees, was that dear mother
praying to God Almighty to bless her darling boy. I then feigned
sleep: my mother rose from her knees, pressed her lips on mine,
and again implored God to bless and protect me. Oh! the horrors
of
my
soul at this time I cannot find words to describe. Suffice
it to say, my mother left the room. I got up, put on my clothes,
went down stair, expecting every moment the stage would call
What was it I saw there? The dear sister, looking
me full in the face, the tears rolling down her face, crying, Oh!
Edwin, Edwin-don't
go
and leave
us,
she at the same moment
flung her arms around my neck and kissed me. Oh! said I to
myself, I cannot, I cannot bear all this; I threw my sister from
me, jumped into the stage, without uttering a single word. This
scene, this parting, harrowed my inmost soul. Yes, gentlemen
of the jury, the prisoner at the bar has done all this to me; besides,
he has robbed me, disgraced me, broke a mother's heart, and
almost killed a beloved sister. All my fellow apprentices have
gone down to a
drunkard's
grave, and I am only left to tell the
story.
Here the Court and Jury, as well as the audience, were moved
to tears, and the court adjourned to Tuesday, 9th January, 1844.
for me.

10
TUESDAY, JANUARY 9th, 1844.
FOURTH WITNESS.
Court met pursuant to adjournment. Mr. SAMUEL SIMMS
was called to the stand :-
Q. Mr. Simms, how long is it since you first knew the pri-
soner at the bar ?
A. From my childhood.
Q. Do you know any good of the prisoner?
A. I do not.
Q. Do you know of any evil he has done? If
So,
state
par-
ticulars.
A. Time would fail me to particularize all I know concerning
him. To be brief, the prisoner at the bar ruined me—ruined
my family-destroyed all my prospects-blasted my hopes-
laid me on a sick bed—almost carried me to a drunkard's grave
--caused
me,
in a fit of frenzy, to set fire to my own dwelling,
which, but for timely discovery, would have resulted in burning
up my family, and myself with them.
Q. Have you known the prisoner at the bar to enter the dwell-
ings of respectable families, and there cause trouble and sorrow ?
A. I have. I have known men of wealth made poor—their
families made paupers and beggars.
Q. Have you ever known the prisoner to invade the Sacred
desk?
A. In many instances. I have known ministers of the gospel to
be both disgraced and ruined by his use, and the Church made to
mourn because of his influence.
Q. Do you think any man can with safety keep company
with the prisoner at the bar ?
A. By no means.
FIFTH WITNESS.
In this stage of the trial, the counsel for defence asked permis-
sion to introduce a witness whom he had brought from a dis-
tance—hoped he might be allowed the privilege. To which
assent being given, Mr. H. Ellis was called :
Q. Mr. Ellis, are you acquainted with the prisoner ?
A. I am.
Q. Do you find him an agreeable companion ?
A. I do.

11
Q. Is he not received into the company of the most respect-
able men in society ?
A. He is.
Q. Do you not yourself consider him of great use in promoting
health ?
A. I do.
Q. Is he not considered skilful in cases of fever?
A. I have known fevers cured by him.
Q. On the whole, you consider him a fit companion for every
man, and in every station of life?
A. I do.
Cross-examined by Counsel for prosecution:
Q. Mr. Ellis, are you in the habit of drinking with the prisoner
daily?
A. I am.
Q. Think it no disgrace ?
A. Oh, no--but reputable if I drink moderately.
Q. How many glasses a day do you call moderate drinking ?
A. I don't know that I can exactly tell how many.
Q. Mr. Ellis, do you drink brandy?
A. I do.
Q. How many glasses in a day?
A. I decline answering this question.
Counsel. May it please the Court, I insist on the witness
answering this question.
Court. Witness must answer.
Q. Mr. Ellis, do you call yourself a moderate drinker?
A. I do.
Q. Well, then, how many glasses of brandy do you drink in
a day?
A. I don't know precisely-probably one or two.
Q. One or two! You say you don't remember precisely ;-
drink sometimes five, ten, or fifteen glasses in a day?
A. I may sometimes drink three, four, five, or six.
Q. Then you call six glasses a day moderate drinking, do you?
A. Yes, I do.
Q. Would you not feel ashamed to have it known that you
drink six glasses of brandy in a day?
A. I don't know but I would.
Q. You never signed the pledge ?
A. No.
don't you

12
Q. Don't
you
think it would be more to your credit to do so,
than to drink moderately your six glasses a day?
A. I'll think of it.
19
Here it is proper to remark that this witness, on leaving the
stand, subscribed his name to the pledge, and afterwards declared
that he was fully convinced that it was the duty of every man to
follow his example.
SIXTH WITNESS.
The Hon. AARON CLARKE was next introduced as a witness on
the part of the prosecution. In order to save time, the bill of
indictment was placed in his hands, and, after reading it, Mr.
Clarke, in general terms, testified as follows: viz.
“When I was about eleven years of age, I recollect for the
first time to have become acquainted with the prisoner at the
bar. It was on New Year's evening, at a public house. The
company there assembled indulged in the use of his intoxicating
drinks; many of them were made drunk. It was here, for the
first time in my life, I experienced its effects. The sensations
of that hour I well remember in after life. So far as my own
observation goes, I am convinced that the evils of this fellow
are the result of slight acquaintances, progressive in their opera-
tions; he leads his victims on to a violation of the peace, disobe-
dience to parental authority, and finally to the destruction of cha-
racter and reputation.
“I have known men, when under the influence of the prisone
at the bar, abuse their wives in a most shocking manner, and
in the end abandon their families. Sickness and death are the
consequent results of an excessive use of his alcoholic drinks.
The prisoner at the bar I know resides among us without lawful
authority, for he is found in almost numberless houses, and there
keeps drugs for sale without the shadow of a license from the con-
stituted authorities, and in this sense it may with propriety be said
he pays no rent for the occupancy of these tenements. I know,
also, that in many instances he keeps in public places—although
under cover of law, it is against the public will. That he has
made millions of crphans, there can be no doubt ; and caused
men to be guilty of every grade of crime, in which
may
be in-
cluded the counterfeiter, the murderer, the highway robber, and
the midnight incendiary. Within my own knowledge, he has
been the means of destroying by his influence some of the best
men of which our country could boast. His blighting in-

13
od
Huence has been felt by all classes. He is to be found
in the palace of the king, and in the hovel of the peasant-and
often leads them down to death and to the grave. One of the
causes which prevents the more rapid spread of the temperance
reform is, the means which many possess to enable them to de-
fray the
expense
of his
company ;
connected with these is that
mistaken pride cherished by so many.
That Alcohol has
proved a greater curse to the world than all else beside, I have
but little doubt. Who knows but the sin which Adam committed
was the sin of drunkenness. Noah, too, got drunk, and by so
doing was mocked by his son, and a curse was pronounced by hea-
ven upon his race. So, throughout the whole history of our
world, from the earliest ages down to the present hour, the prisoner
at the bar has been a prominent actor in almost every bad event.
This Alcohol has within his reach the destinies of two worlds.
The immortal Addison, notwithstanding his numerous essays
against intemperance, went down to a drunkard's grave at the
age of forty-seven-if any one doubts this, let him refer to his
life, by Dr. Johnson. Burke extolled Addison to the skies--
held him up as an example for himself and others to imitate-
and what was the end of Burke ? He, too, went down to a pre-
mature grave, dragged there by the prisoner at the bar! In
modern times it has been thought necessary for the warrior to
indulge in strong drink, that his nerves might be invigorated and
his courage emboldened! Not so in ancient times. The people
of antiquity did not consider intoxication evidence of a good
soldier. Far from it! Previous to going to battle, Hector was
invited by his mother to drink wine, to which he replied, “No
wine for me! quench not my valor! steal not from my limbs
their youthful strength!” Hector was a wise man, and I wish
men in our days were as wise as he. If it were so, you
would not witness in our Legislative halls, nor in our national
councils, such disgraceful scenes; nor be called to listen to such
profanity as too frequently falls from the lips of men sent there
for other and for better purposes.
“During the period in which I had the honor to be Mayor
of the city of New-York, the opportunities afforded for observa-
tion and experience were many. At one time, there were in
the House of Refuge 270 boys, of sixteen years and under.
After a strict examination into the causes which led them there,
I found scarce one but had been brought there through the influ-

14
nence.
ence of the prisoner at the bar. They were first taught to drink ať
home, by the ill-advised carelessness of their parents or guardians,
by allowing his presence in their own houses. It is a fact, that lit-
tle boys of eight or ten years
of
age, when asked to drink, could
not, when left to their own wills, refuse to drink—they knew
not the sin. The only line which can possibly be drawn for
safety, between virtue and vice, must be the line of total absti-
Let this Court and Jury go to the Penitentiary and
the States Prison—more than three-fourths of the prisoners
will tell you rum brought them there. Go to the school on the
Long Island Farms; of about 900 hundred children now there,
more than nine-tenths of their parents have been killed by the
prisoner at the bar. Could every individual in this assembly
see, know, and feel all this truth, they would instantly sign the
temperance pledge.
“Our country ought to do what it has not done. The Con-
gress of the United States—the Legislatures—have neglected
to perform their duty. The people must demand their rights;
this
enemy
of God and man must be put away; the community
ought to flee the danger. The Government have refused to re-
move the grog-shops from the Capitol—for which they ought to
blush. The Legislatures are responsible for damning the com-
munity; we must call on them; we will call on them. I will,
in my own behalf, call on them to drive the prisoner at the bar
from our land. Why is it that the community go skulking about,
not daring to ask members of Congress to relieve us? Why is
it that so many of our clergymen dare not preach temperance ?
Why is it they refuse to sign the pledge? Why is it that doc-
tors say a little will do no harm? Why is it that lawyers dare
not say anything against rumselling? The reasons are too
obvious. Gentlemen of the Jury, to relieve ourselves from the
prisoner at the bar, we will send to Congress none but tetotalers;
we will have no drinking men there. New Jersey will take
care of this. We will have no ministers in our churches who
have not signed the pledge; they shall do it--the people say so.
The man who drinks two glasses is drunk-he thinks himself
sober. Such a man is not worthy of confidence.
“Some of our most respectable citizens still hold back, through
fear of losing their respectability and power. 'Tis not so ;-let
them all sign the pledge; 'tis the bow of promise--tis a shield
and protector. Hundreds have said, fashion only prevents us.

15
If real self-respect was as powerful in the breasts of the rich as
it ought to be, how quickly would you see them joining the
ranks of the Washingtonians, ready to come to the rescue of
their children from the assaults of the prisoner at the bar.
They will do any and everything else in the world to save their
children and their wives from all other danger but this. Look
at the children whose parents hold back; they are going down
to ruin; and yet they don't sound the alarm! Such parents
do not act wisely; and, so long as they neglect their duty,
their children must be lost. The love of money is the
root of all evil. Money is not evil; but the love of it has
reared the thousands of distilleries in our land. 'Tis here the
"ulam
prisoner at the bar laughs at your calamity, and mocks when
your fear cometh. Let it be proclaimed on the floor of Con-
gress, from your Legislative halls, and from the pulpits, that no
man shall harbor, either publicly or secretly, in his pantry, in his
clock, in his garret, or in his vault, the prisoner at the bar.
Then will these manufacturing hells be destroyed, grog-shops
demolished, tavern-bars cleared, and drunkards reclaimed. Then,
and not till then, will this country be free, and the people be
happy.
Cross-examined by Counsel for Defence.
Q. Are you not aware that the prisoner at the bar has legal
rights?
A. I know that our Legislatures have enacted laws authorizing
the sale of his intoxicating liquors.
Q. Did you not, while Mayor of New York, authorize the sale
of such liquors, and did you not sign licences for that purpose ?
A. I did.
destilo
Q. How many such licences did you sign in one year?
A. The first year about 3100, the second year 3300.
Q. You thought it all right, I suppose ?
A. I considered it as being lawful.
Q. Do you consider the State Legislatures as being a body of
respectable, high-minded, and honorable men ?
A. There are some respectable men go there. I know, when
I was there, they allowed a grog-shop to be kept in the Capitol ;
they thought that respectable or they would not have allowed it.
Q. Would you think it any harm for the Congress of the Uni-
ted States, or for any Legislature, to allow grog-shops to be kept in
their Capitols at this time?

16
A. I should take it for granted that if the practice were now
continued, that the majority of their members were drunkards
and our government in danger.
Q. Are not the Washingtonians considered to be a low, mean,
despicable set of men ?
A. Fools think them to be so, but all wise men know better.
Q. Did not General Washington indulge in the use of strong
drink?
A. I understand he did not.
Q. Did he not drink wine freely?
A. No; he used it sparingly–never drank before a battle ; if
at all, after the battle.
The Court then adjourned to Tuesday next.
TUESDAY, JANUARY 16th.
The Court again convened.
SEVENTH WITNESS.
Mr. ALBERT HOUSE was called as a witness on the part of
pro-
secution.
Q. Mr. House, have you ever had any dealings with the pri-
soner? Det ble
A. I have.
Q. Do you consider him to be an honorable personage ?
A. Very far from it.
Q. Did he ever do you any good, or any harm? If so, state
particulars.
A. The prisoner at the bar has never done me any good, but a
great deal of harm. He has robbed me of my property, charac-
ter and reputation; distressed my family, separated me from my
wife, palsied my limbs, as you can see [Here the witness held
out his hands for the jury to look upon); almost destroyed my
speech, caused me to suffer all the horrors of delirium tremens ;
in fact, has shook me many a time over the drunkard's grave,
EIGHTH WITNESS,
Wm. A. PARADISE, Esq., called.
Q. Are you a magistrate ?
A. I am.
Q. Do you know anything of the prisoner at the bar ?
A. In the language of Paul I can say, 'I feel myself happy, most
noble Felix, to be called upon to answer as touching these mat-
ters. I have been acquainted with the prisoner at the bar for
many years, and know all about him. He is a cunning and arch

17
me;
rogue; he has cheated me, and robbed he is a liar of the worst
kind; he has made millions of orphans, and he has committed
every
crime that can be found in our statute-book.
Q. You have some acquaintance with the character of rail-
roads I presume?
A. I know a good deal about them.
Q. Well, then, Esq. Paradise, would you be willing to hazard
your life in a railroad car, drawn by a locomotive, whose engi-
neer and conductor were intimate companions of the prisoner at
the bar ?
A. By no means; you would not find me there if I knew
such to be the case.
CE
NINTH WITNESS.
ANDREW HALL was next called.
Voergoa doubts
Q. Are you a reformed drunkard ?
A. I am.
A. Please to tell the court and jury what you know about the
prisoner at the bar ?
A. I could not tell you all I know about him if I stood here
all night; he has nearly killed me many a time; has laid me on
a bed of sickness; brought me to death's door; made me abuse
my poor family; robbed them of the comforts of life ; stolen my
character; made me a slave; and kept me in his service till, by
the goodness of God, I was brought to sign the Washingtonian
pledge, which brought me to my senses; and although I am shat-
tered almost to pieces, I am now a happy man, and always shall
be so long as I have nothing to do with the prisoner at the bar.
Su
TENTH WITNESS.
JAMES J. Pool, for the prosecution, testified much in the same
manner as the two preceding witnesses.
The counsel for the defence declined a cross-examination-
and called as a witness on the part of the defence, the Prosecut-
ing Attorney. The Prosecuting Attorney objected—but the
Court overruled-he was examined.
ELEVENTH WITNESS.
е
Q. You have been a liquor dealer ?
A. I have; many years ago.
Q. You thought it a respectable business?
A. At that time I did.
to

18
you ever
Q. If respectable then, why not now?
Thirty and forty years ago the whole world almost were
drunkards in a greater or less degree, and there being so few
sober people, there were none who realized the iniquity of rum-
selling
Q. Did all classes of the community indulge in the use of in-
toxicating liquors in those days?
A. Almost or quite universally; the high, the low, the rich,
the
poor, the bond and free, the divine and lawyer, the saint and
the sinner.
Q. Did the prisoner at the bar ever rob you of any property,
and if so, how much?
A. He did, of thousands of dollars.
Q. Do
you know what is the mode of making wine rich?
did
hear or know that dead rats were put into it to give
it a body?
A. An old wine dealer, who in olden time kept his wine cellar
in Stone street, told me that it was his custom to catch rats,
pound them till they bled, and then put them into the wine
through the bung hole.
Question by the Court. Do you of your own knowledge, or ob-
servation, know anything of the effects of intoxicating drinks on
professing Christians ?
A. I have been in company with, and have often seen its
effects on Christians of every station in the Church, from the
sacred desk down to the most humble individual, at a supper
table, where, after partaking freely, they have been in a state in
which, had they then died, they could not (if the Bible be true),
have
gone
to heaven.
01 A number of other witnesses were examined for and against
the prosecution, whose testimony was pretty much of the same
character as that already noted, and which it is not necessary to
repeat.
adtamolo di 20 th d do
Mr. Berts, as counsel for the defence, then proceeded to sum
up-and said,
May it please the Court and Gentlemen of the Jury-
It has been my aim throughout the whole of this important
trial to do full and ample justice to my friend, the prisoner at the
bar. Owing to the extreme inclemency of the weather, and vari-
ous other causes, I have been unable to bring before you a num-
ber of important witnesses, who, had they been present, would

19
have been of essential service to my client. The Counsel for the
prosecution has made a great noise-and soon it is to be pre-
sumed he will stand before you in all the majesty of his talent
and strength, and roar like a lion. Yet, gentlemen of the jury, I
am not alarmed at what he will do or at what he may attempt to
do. He will undoubtedly appeal to your sympathies and to your
feelings, gentlemen of the jury. You must lay aside all the fine
feelings of your sensibility, and when you shall have examined all
the testimony for and against the prisoner, I doubt not but you
will do justice to my client, and render a verdict accordingly.
Gentlemen of the jury, I will now call your attention to the
secret and dark proceedings had on the night of the 30th Dec.,
without lawful authority, a number of Washingtonians, under
cover of the night, entered one of the oldest and most respectable
rum shops in our city, laid violent hands on the prisoner at the
bar, and then and there, under pretext of law, arrested, abused,
and otherwise ill-treated my client. What follows ? a pretended
indictment was made up, and the prisoner immured in a dungeon,
until at length he was brought here manacled with chains, and
placed at this bar Witness after witness has been examined,
every one of whom have declared their enmity to the prisoner,
with the exception of one, Mr. Nagle, who, on his oath, declared
that he loved the prisoner still. Such testimony, gentlemen,
must not be relied on, and the Court will instruct you, I trust, to
lay it all aside, as being inadmissible. Suppose, gentlemen, that
the testimony were all received, the Counsel for the prosecution
has failed to sustain the 6th and 11th counts, and the Court will
so inform you. In order to make this appear more clearly, I will
refer you to Elmer's Digest of the Laws of New Jersey, page
643, section 17. Here you will perceive, gentlemen, that the
law is clear in giving the right to my client to reside amongst us.
Let it be distinctly understood, that if the counsel for prosecu-
tion fails to sustain all the counts, the Indictment must fall, and
you are bound to acquit the prisoner. Not one word of testi-
mony has been brought to prove the guilt of the prisoner as being
concerned in counterfeiting. This count then, it is not pretended
to be sustained. Now, gentlemen of the jury, I would ask you,
why is it that the prisoner at the bar is considered to be a fit
companion of our best men in the community? Why is it, that
he receives the protection of our Legislature ? Why is it, that
the Common Council of our city throw a shield around the pri-

20
soner at the bar, and punish those who without law or license
abuse his privileges ? From what source is it that our Corpora-
tion derives so much benefit in the collection of taxes? Would
it not be beneficial to add to the number of licences for the sale
of his goods and chattels, from which to raise a revenue to en-
able us to re-pave our streets, multiply our lamps, and render our
streets so light that not a robber would dare enter our dwellings
at the midnight hour? Cannot a revenue be raised sufficient for
the support of all our poor, and supply the means of maintaining
our jails and penitentiaries? These are subjects which you are
called to consider. If blame is attributable to any, it is not to
the prisoner at the bar. If censure is to fall anywhere, let it fall
on the law-makers. Let those who grant the licenses bear their
share of the odium. But, as to the prisoner, let him be acquitted
from all blame. One remark more, gentlemen of the jury, and I
have done. Let me ask you to answer to your own consciences,
and to your country. Why is it, that the prisoner at the bar is
cherished and loved by so many wise and good men at the pre-
sent time? Why is it, that so many ministers of the Gospel and
church officers and members, oppose the temperance reforma-
tion? Until you can satisfactorily answer these inquiries, you
must, by your verdict, pronounce the prisoner at the bar, Not
Guilty.
The Counsel for the prosecution then summed up as follows:
May it please the Court and Gentlemen of the Jury,
The long and arduous duty which has been imposed upon you,
and the patience you have manifested during this important and
interesting trial, deserve all praise—and I cannot deprive my-
self of the pleasure of stating, that to address, so intelligent and
enlightened a jury has seldom fallen to my lot.
I believe, gentlemen of the jury, that notwithstanding the de
claration of the learned counsel for the defence to the contrary,
I have fulfilled my promise that I have, by testimony which
stands unimpeached before you, proved the guilt of the prisoner
on all that is contained in the bill of indictment, beyond the
shadow of a doubt. You have been told, that the counsel for
the prosecution would stand before you in all the majesty of tal-
ent and strength, roaring like a lion. Is it any wonder, gentle-
men, when men believe the devil coming, in the guise of the
prisoner at the bar, that they should sound the alarm, and warn

21
let me
66
the people to flee from him. Let that gentleman reconcile it to
his conscience, let him enjoy the rich consolation, if he can,
if
there is any to be found, in descending from the lofty eminence
he has hitherto occupied, to join issue with us, and make such a
being as the prisoner at the bar his bosom friend. I envy not
his position—he is welcome to all the honor he may claim from
such a course.
Gentlemen of the jury, it is unnecessary for me to review the
whole of the testimony; because the prisoner's counsel has ad-
mitted the truth of all the charges contained in the bill of indict-
ment, with the exception of the 6th and 11th counts. The coun-
sel for the defence has, therefore, thought proper to call your
attention to the Law of License in the State of New Jersey, in
order to prove, that the prisoner has a lawful right to reside
among us; and on this law he places his almost certain reliance
for his ground of defence. Now, gentlemen, just for a moment
ask
your
attention to the Constitution of these United
States. You will there find, that to every citizen is guaranteed
life, liberty, and property.” Think of this ; see in it the wis-
dom of your forefathers—they well knew the value of life. Al-
low me to tell
that any enactment, either by Congress or a
State Legislature, which, in its effect or application, tends to
destroy life, take away liberty, or deprive us of our property, is
unconstitutional and an infringement upon our rights. There-
fore, the enactment referred to by the prisoner's counsel, in its
effects and application, is evil in its tendency; for it has been
clearly shown, that the Law of Licence to sell intoxicating
liquors has, by its influence, destroyed life and liberty, and de-
prived us of our property. If this be true, and the court will,
no doubt, so instruct you, then this count, viz. the 6th, is fully
sustained. You have been told, there is no proof which goes to
establish the charge of counterfeiting. The indictment does not
charge the prisoner at the bar with having counterfeited bank
bills, notes of hand, or any bills of exchange. The crime of
counterfeiting here, is to be considered in general terms. You
must be satisfied in your own minds, from the nature of the whole
testimony given in this cause, that the prisoner at the bar has
made thousands of counterfeit Christians; which, in its re-
sults, is tenfold more horrible than the counterfeiting a few
paltry bank notes. Thus, gentlemen, you must be satisfied that
I have sustained all the charges; and therefore we have a right
you,

22
to expect a verdict at your hands. As to the doctrine advanced
by the counsel for the defence, that all the counts must be sus-
tained in order to convict, the court will instruct you differently.
In all the testimony which has been brought forward on the
part of the defence, there is but one witness to which I would call
your attention, viz. Mr. Ellis. He told you he considered the
prisoner at the bar respectable, and worthy of confidence; that
six glasses of brandy a day was moderate drinking, and becoming
a gentleman. Mark the sequel. No sooner had this witness left
the stand, than conviction laid hold of his conscience, and the
poor man, not like Judas, did he go and hang himself. No, he
repented, and subscribed his name to the Washingtonian Pledge.
Before I close, gentlemen, allow me to call your attention, and
the attention of the court, to only one of many enactments for
the punishment of crime. It is to be found on page 18, of the
Laws of Connecticut, printed in 1750. This book, gentlemen, I
have had in my possession for 94 years, that is, in the posses-
sion of my family. Look at this law, gentlemen, and you will
find that for highway robbery or house breaking, the person so
offending is to be punished by having one ear nailed to a post, and
then cut off; his forehead branded with the capital letter B with
a hot iron, and whipped on the naked body fifteen stripes: for the
second offence, the other ear nailed and cut off, branded as afore-
said, and whipped twenty-five stripes : for the third offence, death
is to be inflicted. Of these crimes, and of every other crime
charged against the prisoner in the several counts, full and positive
testimony has been brought to establish his guilt. In submitting
the whole case for your decision, you will bear with you
in
your
retirement the long, black catalogue of evils the prisoner at the
bar has inflicted upon us or on community; the distresses he has
brought on our families; the disgrace he has placed upon the
Church; the iniquitous course he is constantly and forever pursu-
ing. Then, gentlemen of the jury, you will be enabled to do
justice to your fellow men, and justice to righteousness and truth,
in rendering a verdict, that the prisoner at the bar is guilty of all
the charges with whicn he has been accused.

23
TUESDAY, JANUARY, 30Th 1844
In pursuance to adjournment, the Court proceeded to charge
the jury as follows, viz. :
Gentlemen of the Jury-
It has been justly remarked, that this cause to which your
attention has been called is one of vast importance, involving in-
terests of deep concern.
Before entering upon a review of the testimony, and the points
of law to which reference has been made, the Court deems it not
improper to make a few remarks on the life and character of the
prisoner at the bar.
At about the year of the world 1687, we
find the prisoner at the bar actively engaged in committing depre-
dations upon the human family.
His first direct attack, as we learn from history, was made upon
a venerable old man by the name of Noah, very soon after he left
the ark, in which he and his family had been saved from the
Deluge. The evils which followed this event are known, as inti-
mately connected with the curse which was pronounced by
heaven
upon
Ham and the race which was to follow.
The prisoner at the bar was present at the feast, when the
handwriting appeared upon the wall, and when Belshazzar's
knees smote together for fear.
He ruined Dathan and Abiram, and caused them to bring
strange fire before the Lord, so that the Lord charged the priests
in all future ages when coming into the congregation, to have
nothing to do with this fellow. He caused Solomon to sin against
God-made him an idolater, and influenced the wisest man the
world ever knew to indulge in all the vile propensities of the
human heart.
He caused Alexander the Great to murder his best friend, and
then laid him in a drunkard's grave. Gentlemen of the jury,
time would fail me to recount the black catalogue of crimes of
which the prisoner at the bar has been guilty in modern times.
To come down to our own day, and in the midst of our own
families, thousands of instances might he mentioned where this
vile monster has been seen revelling in all his hellish delighls,
scattering firebrands, arrows, and death, upon all that was
bright and fair.
See him dragging by his influence some of our
own neighbors and friends to an untimely grave. See that
widowed heart wrung with pain and anguish at the loss of her
bosom companion. See the mourning and helpless orphan cry-

24
ing for bread. Such scenes as these are but too common in our
times. Such, gentlemen of the jury, in few words, is the charac-
ter of the prisoner at the bar. And now, after the testimony
which
you
have heard, can there be a doubt as to his guilt? It
is for you, gentlemen of the jury, to judge of the evidence which
has been produced. The testimony has been clear, and the wit-
nesses stand before you unimpeached. The counsel for the
defence has stated, that unless all the charges contained in the
indictment are sustained, the indictment must fall, and that you
are bound to acquit the prisoner. This, gentlemen, is not the
law. It is the province of the jury to find the prisoner guilty of
one or more of these charges, as to them shall be deemed just.
As to the law of license, to which the attention of the court
has been called, it has been duly considered. The view on that
point, taken by the counsel for the prosecution, is in accordance
with the opinion of this court; therefore, any enactment which
goes to impair the security of life, liberty, or property, is most
clearly unconstitutional. Thus, gentlemen, you have the opin-
ion of the court on all the disputed points, and it is now for you
to take the cause into your own hands and decide as your own
consciences may determine, and as your country may demand.
The jury, after having retired for about fifteen minutes, brought
in their verdict, that the prisoner at the bar was GUILTY of all
the charges contained in the fifteen counts in the indictment.
The Court proceeded instanter to pronounce sentence, which
was, that the prisoner at the bar should be burnt alive, having
been thought unfit to live among Mahomedans, much less should
he be thought worthy to live among Christians.
.
Sentence was executed, &c.
Sucy The arrest
, trial, conviction...
1844
coll & ok