A MURDER IN THE FAMILY

By David See

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George W. See was murdered in an affray, mortally wounded in the presence of his wife on 28 Feb 1874 by their landlord James Harvey Standish. The story was reported widely, even scoring a brief notice in the New York Times of 2 Mar, and the accounts in Albany and Saratoga Springs papers are rich in incidental detail and local color. They will be quoted at length in the following pages. Editorial comments and corrections will be both in square brackets and italicized, since the news accounts themselves used brackets for certain parenthetical remarks.

From the Saratogian, Albany, New York, 5 Mar 1872:

HORRIBLE MURDER IN WILTON

Harvey Standish Pounds George W. See to Death with a Flat-Iron &emdash; Shocking Spectacle. &emdash;The Inquest and Verdict &emdash; Standish Apprehended and Committed.

The whole town of Wilton, in this county, was thrown into a fever of excitement Sunday, by reason of a most horrible tragedy which occurred last Saturday evening, the killing of George W. See by Harvey Standish. It was, as many of the oldest inhabitants attest, the first homicide ever committed within the boundaries of the town. The scene of the affair was the dwelling house on what is knows as the “Perry Arnold farm,” which is located about three-quarters of a mile west of the old Stiles tavern and about six miles north of this village [Saratoga Springs]. The farm contains fifty acres of land and was purchased not many months since by Harvey Standish, an unmarried farmer of apparently thirty-two or thirty-three years of age. He has relatives residing in the vicinity, and is said to be possessed of some means. He is a man of considerable intelligence; but, unfortunately, has a most ungovernable temper. …

This account contains the only attribution of much intelligence to the accused, though others agree on his temper. The Saratoga Sentinel, reporting the same day, states that Standish had purchased the farm from Perry Arnold. “Harvey Standish is a son of Benjamin Standish, of Greenfield, well known in this village, where the family, father, mother and boys, have for years been peddlers of farm truck, wood, meals, berries, etc.”[1]

… George W. See, the victim, is a farm laborer, who had attained the age of forty-nine years, and whose whiskers were sprinkled with the gray of time. See was twice married, and two children was the fruit of his first marriage. These children are well advanced in years, and were not living at home. His second wife he married some six years since, though by her he has had no issue. She was his junior by many years, and is a woman of rather attractive appearance. Last Spring, Standish and See entered into an agreement substantially to the effect that the latter was to assist him in the farm work; also that the latter and his wife were to occupy the house and Standish to board with them. As near as we could learn the furniture of the house belonged to both parties. -- Whether or not from a misunderstanding or from an incompatibility of temperament matters on the Perry-Arnold farm did not glide as smoothy as might have been desired. The informal contract between the farmer-landlord and tenant-assistant, at no extended period after it had been perfected, was in a measure informally cancelled; though, we believe, a temporary agreement was afterwards entered into. Notwithstanding this, household jars in regard to the most trivial matters would arise between Standish and the Sees’. Having thus introduced the principal actors and their relation, we give a brief description of the house and more especially that portion of it which was the scene of the tragedy. It is a one-and-a-half story building, with a large wing. The whole has apparently stood for years, yet is in a good state of preservation. The front contains two large rooms and chambers overhead. In the wing is a kitchen, about 12 x 14 ft. in dimensions, and leading from it are pantries, passage-ways and two small bed rooms. One of these bedrooms was occupied by Mr. and Mrs. See. At one side of the kitchen and within four feet of the Sees' bed-room stands a cook stove. At the opposite side of the room from the stove is a door that opens into what would properly be denominated the parlor. So much for the scene of the homicide.

Last Saturday a Democratic caucus was held at Doe's Corners, a few miles distant. Mr. See attended it, as also did Perry Arnold. The caucus took place late in the afternoon. Early in the evening, Mrs. See made a short visit to one of the neighbors. On returning, as she alleges, she found Standish and three boys engaged in playing cards in the house. She expressed her dissatisfaction at the proceedings, which resulted in anything but a pleasant argument between them. Concluding that they had tarried a sufficient length of time, the boys left. When they had departed, Standish in a violent manner and with a mixture of oaths, denounced Mrs. See for daring to assail him in the presence of his company for what he held to be his rights and privileges. She retorted, and a quarrel ensued. There was no one present but these two. Finally, Standish's temper obtaining the supremacy, he seized her by the hair of the head and sought to inflict on her bodily harm. She tore herself from his grasp, jumped into her bedroom, closed and locked the door in his face. He had torn quite a handful of hair from her head; and the hairpins, which held her hair up, were twisted in every conceivable shape. Self-imprisoned in her room, she subsequenctly disrobed and retired to bed. Standish remained in the kitchen, and seated himself on the wood-box near the stove.

At the adjournment of the caucus at Doe's Corners, and at about nine o’clock, Mr. See and Mr. Arnold started together on foot for home. Previous to their leaving the Corners they each indulged in a small glass of bourbon whiskey. They had the company of a Mr. Washburn a part of the journey. When within a short distance of their homes, diverging roads separated Mr. See and Mr. Arnold. Mr. See had with him a can of kerosene oil and, after arriving at the house, passed into the north hall and set it down. Stepping into the kitchen, where sat Standish, he approached his wife's bedroom door and, finding it locked, rapped. Standish spoke up. “The  ------- ------ has locked herself in.” Hearing the rapping on the door and her husband's voice, Mrs. See arose and unlocked it. As she looked out of her room Standish was seated on the woodbox and See was standing close to the door and within a few feet of the former. See inquired what was the trouble. A war of words again ensued.

The inquest transcription provides details left out at this point in the narrative. A summary of the “war of words” and the murderous act itself given by The Albany Morning Express of 3 Mar seems worth inserting at this point:

Standish declared that See had threatened to beat out his brains, which See flatly contradicted, and added that if he (Standish) dared to lay his hands on Mrs. See, he would thrash him, at the same time shaking his clenched fist in the face of Standish. Thereupon Standish seized a flat iron, weighing three pounds, and hurled it at Mrs. See.[!] Fortunately the missile did not strike her. Standish immediately seized another flat iron, weighing six pounds, and dealt See a fearful blow, crushing in his skull, and felling him to the floor.

After the bloody act he started for Mrs. S., who again sought refuge in the bedroom and locked the door. Standish attempted to force the door open, and failing to accomplish his purpose he returned to his prostrate, dying victim, and completed his fiendish work by dealing him five more blows with the iron, fracturing the skill in three places, almost severing the right ear from the head, and crushing in the face under the right eye. Meantime Mrs. See succeeded in escaping from the building by jumping out of a window. She ran immediately to the house of a neighbor, a Mr. Taylor, and gave the alarm.

Lovinia's testimony at the trial stated that Standish first struck George See, then threw the small flat iron at her, a more credible order of events.

The account from the Saratogian continues:

After horribly pounding See, Standish, as it appears, went to the house of Benjamin Durfee, a neighbor, and asked them to send for a doctor as fast as they cound. On being asked for what cause, he said, “Mrs. See got mad and struck me across the back of the neck with a shovel, and guess she has broken the spine of my neck.” He added, “I took a flatiron and knocked See down, and I don't know but I've killed him; left him lying on the kitchen floor.” Standish entered Mr. Durfee's house, where he remained until the was arrested on Sunday morning. Arthur Arnold was dispatched for Dr. G. W. King. The whole neighborhood was informed of the commission of the crime and speedily large numbers began to assemble at the house. Mr. Durfee was the first one to enter. The sight that met his gaze was simply horrible. Upon for floor lay See. Though unconscious, he was rolling and wallowing in his own blood. His eye balls protruded, his head had the appearance of raw beef, and his clothes were soaked in gore. Over one third of the floor of the kitchen was covered with blood, and the furniture and walls were bespattered with the same. Mr. Durfee grasped him by one of his arms and called his name, but elicited no response. Though he had lost an immense amount of blood, he was still bleeding profusely. Mrs. See returned to the house and the scene that followed was intense. She gave a shriek and went into a convulsion; recovering for a moment but to relapse into another. Dr. King arrived at eleven o'clock and saw that See was beyond medical aid, being in a dying condition. He made an application of snow to See's wounds, to arrest the hemorhage. On examination, six frightful wounds were found on See's head. Three of these were fractures of the skull, two under the right eye, and about one-third of the right ear was severed. A mattress was placed on the floor and the dying man placed on it. In his convulsive struggle, he would continually roll off, and finally at fourteen minutes past twelve o'clock, midnight, breathed his last. The physician turned his attention to Mrs. See and, after considerable difficulty, succeeded in a measure in restoring her to consciousness and quiet.

Between three and four o'clock Sunday morning Coroner Huling and the Saratogian reporter were notified of the fact and immediately proceeded to the scene, where the facts were found as stated. The Coroner empaneled the following jury and an inquest was held: Northrup D. Stiles; foreman; Nicholas Tallman, John McDowell, Perry Arnold, Philemon Terrell, Benjamin Durfee, George Hawkins [George See's son Martin would later marry his daughter Georgianna], William H. Viele, William McWakeley, George W. King and Dudley Wait. The following testimony was then taken:

The Saratogian then proceeds with the “Evidence of inquest.”

Livonia See being sworn stated that she was the wife of George W. See; he came home from Doe's Corners last night; I was in bed; he walked in north hall, and set down oil can; came to my door and knocked; Standish said, the d------ ----- has locked herself in; Standish was in the kitchen, sitting on the woodbox; as I unlocked and opened my bedroom door saw Standish in kitchen; my husband knocked at my door and I got up and opened it; looking into kitchen I saw Standish sitting on woodbox beside stove in kitchen, which adjoins my room; See asked what the trouble was; Standish said I was mad because they were playing cards; he said he would play cards where he choose; told him, not in any house where I paid rent and as long as I had control I would do as I saw fit; told him I'd rather they wouldn't come Saturday nights after I had worked hard and got house clean for Sunday; they might come other nights during the week; he said it was no worse for me to clean floor for him and his company than for me to soil his carpet; See told him as long as I had asked him not to play cards Saturdays why he did not quit it; Standish said, you take it up for the d------ -------, I'll knock your d---n head off; Geo. told him, I don't take it up for her, but as she has cleaned her house up for Sunday I dont blame her; Standish said, “you do take it up for her”; See said “you are a liar and a d-----d liar” …

“You take it up for [her]” must have been an insult more or less equivalent to “You do her bidding.”  The censored word in George's retort “You are a liar and a d-----d  liar” would carry force only if it was intended literally and with emphasis.

… See stood in center of room, facing Standish; See raised his hand, but had nothing in his hands; did not touch Standish; shook his doubled fist at Standish but did not strike; Standish grabbed flatiron off from stove and hit my husband with it; I saw See fall; Standish started for me; I shut my bedroom door and locked door; Standish come to door and said, fight me too, will you; I had got up out of bed to let George W. See, my husband into my bedroom; I fled through the window and down to Mr. Taylors; told Mrs. Taylor that Standish had killed See; Taylor and boy was in bed, but Mrs. Taylor and daughter were up; before my husband came home there were two flatirons on the stove; before See came home Standish pulled my hair and scratched my neck; when he and George got into the argument afterwards Standish threw small flatiron at me [it fell beside the bedroom door, according to The Sentinel], and with the large one struck See on the head; before Standish caught flatirons he said George had threatened his life, threatened to smash his skull; Geo. said that he did not say so, but had said that if Standish did not keep his hands off me, or insulted me he would thrash him.

Benjamin Durfee sworn: I reside here in Wilton; next house to Standish's; had gone to bed and just got to sleep when Standish came and knocked at the door, asked him who was there; he said, Standish; said I, what do you want; said he, I want you to go after a doctor as fast as you can; I said, what's the trouble; he said, Mrs. See got mad and struck him over back of neck with a shovel; Standish said he guessed she had broke the spine of his neck; Standish said he had took flatiron and knocked George See down, and he didn't know but he had killed him; asked him where See was and if he was not dead; he said he had left him laying on the floor; he sat down on lounge by stove and I started for here (Standish's house); left Standish at my house; he is at my house now, (7:45 A.M.); he has not been here since; opened door and found See wallowing in blood on the floor; he was insensible; he was rolling on floor; breathing fast; blood running pretty fast; from wounds on head; tried to see if he knew me; he paid no attention; no one in house; his wife's bedroom door was locked; other bedroom door open; no one in house; lamp burning on table; I started out to rally neighbors; met Mr. Arnold coming this way; think it was about 9:30 or 10 P.M.; told Arnold what was going on here; he came along, and I went after neighbors; Arthur Arnold went after doctor.

Perry Arnold sworn: Was at Doe's Corner's Saturday evening with George See; there was a political caucus there; left there with and came home afoot with Mr. See; it was between 9 and 10 o'clock; not far from 9; left him on corner close by and near Mr. Taylor's; I then went to Wm. Viele's house and went to bed; had been in been about 10 or 20 minutes when Mr. Taylor came and rapped at the door; know I had been in bed but a short time; he was let in by Viele; he said Standish had killed See and he wanted us to go right over to Standish's; dressed and came over as fast as I could come; met Durfee at foot of hill near Standish's house; came to Standish's house; found door shut; opened it and came in; See lay floor, rolling and tumbling, and blood running out of his head; took his hand; tried to left him up; spoke to him, but he made no answer; one bedroom door open; other adjoining was locked; I called Mrs. See; no one answered; came out, left house alone, and went to house of Ezra Standish, brother of Harvey Standish; called Ezra Standish, and told him his brother had struck See with a flatiron; Durfee and Mrs. See was here when I came back; saw See take one glass of liquor last evening; never saw him drink before and have known him for forty years and since he was a boy; last evening he drank bourbon and a small glass at that; he and I drank together just before we started to come away; he walked and talked along the way perfectly sober; Mr. Washburn came with us part of the way; See was not at all excited or under the influence of liquor.

Dr. Geo. W. King sworn: Am a practicing physician and surgeon; was called about 11 P.M. by Arthur Arnold, requesting me to come and visit Mr. See as Standish had struck him with a flatiron and he was bleeding; came soon as possible and found See lying on floor senseless; judged from appearance of pulse and breathing that he was in a dying condition; put some [ice] on head for purpose of stopping hemorhage that way; found fractures on head; I then tended Mrs. See, who was in nervous convulsions; staid here till after See died; he died at 12:14 this morning; this morning have washed and made an examination of deceased's wounds; found six wounds made apparently by corner of flatiron; three fractures of the skull or head; either of these fractures would have produced death; was here about an hour when he died; the wounds on the face would not have necessarily caused death; one-third of the right ear is cut off; all the wounds are on the right side of face and head, near the right eye and ear.

Mr. Durfee recalled: (Shown flatiron) that is the flatiron; found it setting on stove; six-pound flatiron; covered with blood when I found it.

The jury after brief deliberation rendered the following verdict: That said George W. See came to his death from the effects of blows received on the head from a flatiron in the hands of Harvey Standish, and we, the jury, believe that the said Harvey Standish had no sufficient cause for inflicting said blows.

Deputy Sheriffs D.S. Gilbert and John T. Bryant, of Saratoga, at the close of the inquest arrested Standish at Mr. Durfee's house, brought him here and incarcerated him in the lockup at police headquarters. He was committed to Ballston jail Monday. He was very reticent and seemed terribly oppressed, frequently sobbing like a child. About the only words that escaped him was the following in answer to a question, what possessed him to commit such a crime: “Was forced into it; couldn't help it; but I am very, very sorry for it.” There may be some extenuating circumstances connected with his case, as our resporter was informed on what seemed to be reliable authority that insanity is hereditary in Standish's family; that two or more members of his family are now insane, and that one of them is now an inmate of the Utica Asylum. It is possible that insanity may be the defense. Standish has retained for counsel, Geo. W. B. French, who advised him to communicate with no one in regard to the matter.

There ends the Saratogian’s account of the inquest. Other news reports fleshed out a few other details. From the Albany Morning Express of 3 Mar 1874:

The Saratoga correspondent of the Troy Press writes as follows:

The murderer [sic] is a man of medium size, light hair, sandy whiskers and moustache, light blue eyes, light complexion, and about thirty-eight years or forty years of age. He is said to be by his neighbors of a quarrelsome nature, and that he and the deceased had frequent disputes on minor affairs. He is far from being an intelligent man which one can readily discern by hearing him converse. His whole aim throughout life has been to gain wealth, of which, it is said, he has a fair share.

We were granted an interview with the prisoner in his cell towards evening, yesterday, but he absolutely refused to answer any questions, having been cautioned against doing so by his counsel. He appeared to be rather despondent, and avoided looking up to see who his visitor was. In a conversation, yesterday, with the janitor of the town hall, he allowed in extenuation of the deed that See rushed upon him and struck him with his fist, when he (Standish) grasped the flat-iron and struck See, knocking him down, and of how many times he struck him thereafter he has no recollection. He claims he acted in self-defence. He also stated to Mr. Ahern that the occasion of the quarrel was his having taken improper liberties with Mrs. See during her husband’s absence. The deceased is spoken of by his neighbors as a very quiet and peacable man, and was much respected by all who knew him. His brother, Andrew J. See, keeps a hotel at Doe's Corners. He leaves a wife, two sons (both young men), father and brother to mourn his untimely death.

An admission by Standish that “the occasion of the quarrel was his having taken improper liberties with Mrs. See during her husband’s absence” does not appear in later testimony in  court, although he was asked a few leading questions relating to the subject during cross-examination (see below, Sentinel of 27 Aug.). The implication that he murdered George See out of a jealous rage remained in the background, like a dramatic subtext to the trial. Squarely in the foreground in its stead was the perplexing spectacle of Standish and Lovinia See’s frequent quarreling in which the role of George W. See  seems to have been marginal, or in any case left unspecified, until he stepped between the two antagonists at the fateful moment.

If the Sentinel’s correspondent was aware of the scoop by the Saratogian, he glossed over it:

Neither of the parties were in the habit of using liquor, but the affair seems to have occurred from the heat of passion, wrought up by differences heretofore, and the quarrel here on the spot. George W. See, the victim was about forty-eight years of age. He has had two wives, by the first of whom he had two sons, one of whom, M.A. See, is the secretary of the county lodge of Good Templars. He has been married to the present wife four or five years, and has had no children by her. His brother, Andrew J. See, is keeper of the tavern at Doe’s Corners, and is generally respected there.

Standish is a tall, slim man, with light, a most white hair and moustache, and when brought into the presence of his victim by the officers, showed a little feeling on the subject. He began to talk, in answer to some questions of persons present, but was cautioned by the coroner not to make any statements until he had procured counsel. In riding down to the village he sat between the coroner and Officer Gilbert, and once, as some remark was made by Officer Gilbert or Bryant, he appeared affected and sobbed for a moment or two, but soon quieted down. In the lock up he was called on by some ladies with a view to make inquiries as to his state of mind on religious and moral questions. He did not seem to have had any particular religious education, not being able to repeat the Lord's prayer. He expressed himself very grateful for their kindness in calling, and thanked them for some papers given him to read. One of his brothers is understood to be now in the Utica asylum for the insane. Gen. French had an interview with him Sunday afternoon, and had Dr. J.G. Bacon visit him to examine some what into his health and mental condition.

The funeral of Mr. See took place on Monday [2 Mar], from the brick church in Wilton, and was very largely attended, the church being insufficient to hold all who were present.

The trial took place Aug 25-27 the same year. Counsel for the prosecution were Hon. Lyman Tremain of Albany, for the defense Hon. Henry Smith of Saratoga, along with “Messrs. Pond[2] and French of Saratoga.” Col. Winsor Brown French had commanded the NY 77th Inf. Rgt. in the Civil War, which included many men from Wilton. In fact in 1870 he lived in Wilton, not very far from where the murder took place. He surely knew and was known by everyone in town.

The judge was [[               ]] Landon, District Attorney was [[            ] Ormsby.

The trial was given blow-by-blow coverage by the [[Saratogian, the Saratoga Daily Sentinel, The Albany Evening Times (duplicated by the Albany Weekly Times).]] Note that the reporters will in one moment be reporting in the first person, and the next moment, even in the same sentence, shift to quoting the participants without the benefit of quotation marks. We will begin with an extract from the Evening Times of Wed, 26 Aug 1874:

Hon. Henry Smith will make a strenuous effort to get the gravity of the offense reduced to manslaughter, if the plea of insanity is unsuccessful while Hon. Lyman Tremain, who with District Attorney Ormsby will conduct the prosecution, will urge a conviction of the capital offense. And speaking of that, I may here say that but two men have been hanged in Saratoga county, one by the name of Bennet, many years ago, and the other John Watkins, in the year 1834, in February. …

THE PRISONER

is a man about forty, about 5 feet 10 inches high, with sandy moustache and beard, and a restless eye. He has the appearance of a determined, passionate man, but seemed no more concerned or interested in the proceedings than the ordinary visitor. He was dressed in blue homespun pantaloons and coat, grey vest, white shirt and collar, and black necktie.

The widow of the deceased who came into court dressed in deep morning, is young and decidedly good looking. She is a tall brunette, slightly inclined to be stout, but well and trimly built. She seemed to be considerably interested in the process of getting a jury, and smiled occasionally behind her handkerchief that she held close to her mouth. At other times she looked sad enough.

GETTING A JURY

Up to the recess at 12:45, five jurors were obtained out of fifteen examined. One curious feature about the examination of jurors was the conscientious objection some of them had to capital punishment, not that the majority of them were free to admit such conscientious objection would interfere with their rendering a verdict according to the evidence, but they were opposed to the principle.

In the afternoon session several ladies were present, mostly young, who seemed to have a morbid curiosity to see the prisoner. This did not seem to dismay him at all, although he seemed considerably angered thereby.

At ten minutes after 8 o'clock a jury was obtained, forty-one persons having been called and examined, eight peremptorily challenged by the prosecution and seven by the counsel for the defense. The following is the jury empanelled:

George Eaton, mechanic, Clifton Park.

William Buckwell, farmer, Galway.

George R. Chamberlain, farmer, Clifton Park.

Jay F. Clark, farmer, Stillwater.

Egbert B. Losee, farmer, Northumberland.

Watson Clow, mechanic, Wilton.

Leonard Lyon, farmer, Edinburgh.

Lorenzo B. Viele, merchant, Saratoga.

Cornelius R. Sheffer, merchant, Clifton Park.

Nelson Jenkins, Moreau.

Charles E. Ensign, farmer, Stillwater.

Abram Bennett, farmer, Saratoga.

The D.A. then opened the proceedings by describing the events substantially as they were given at the inquest.

Lovinia See was the principal witness for the prosecution. The Sentinel recounts her testimony:

Lovinia See, widow of deceased, was sworn. … We occupied the house of Standish. We furnished three-quarters of the provisions, and Standish one-quarter, we having use of the house for doing the work. We went there to live May 1 [‘73]. We ate together at first, but for a short time before the date of the affray we set a separate table for Standish. On Saturday night, February 28 … Mr. See's father, who lived with us, had gone to his son's at Doe's Corners the morning previous. I returned between eight and nine, and found Standish playing cards with two of Mr. Tallman’s boys and another. They were at a table near the bureau. I told Standish I did not like their playing cards Saturday night, when I had cleaned up for Sunday. The boys left, and we had some words. He said he would do as he pleased. I said the house was ours as long as we lived in it. I went to wind up the clock behind the stove. He raised his fist to strike me, and I struck him with a fire shovel which I seized. I went into the bed room and he struck me, knocking me down, senseless. When I came to I found him over me, on one knee, one hand in my hair. He sayd you d&endash;&endash;&endash;&endash;d bitch I ought to stab you. I begged him to let me up, and promised not to strike him again. While I was in the bed room we had talk about matters, and I said I had not struck him any more than he had me. He went out of the room, and I locked the door, undressed and went to bed. After I went to bed I heard my husband, George W. See, come in. He came in at the door, passed around to the hall near the bed room and set down a can of oil. Husband tried my door, and I heard Standish say the d&endash;&endash;&endash;&endash;d bitch is mad and has locked herself in. I got up and opened the door, saw husband standing in front of the stove while Standish was sitting on the wood box. I said as long as we paid rent I should insist on keeping the house in order. See said he thought I was right. …

 On cross-examination, Mrs. See said I am twenty-eight years of age, was married to George W. See in Albany, eight years ago last July. George W. See was my cousin; he was forty-eight years of age last November. I had quarrelled some with Standish previous to the night of the affray. I had played cards with Standish. When I scolded about the dirtying up my floor, he said that it was no more than my being on his carpet. I told the boys I did not object to their coming there except on Saturday night. He struck at me when I was by the clock and I dodged; then I seized the shovel and struck him with it. Do not know where I struck him with the shovel; we were angry and I did not stop to think; do not know where I struck him. Did not see any blood come from his nose or mouth; after striking him I started for the bed room and he pursued me and knocked me down. Felt pain in my stomach after it; do not know where he hit me. In the quarrel before a blow was struck Standish accused George with threatening his life. Two or three times previous I had quarreled with Standish, at one time I had a broom which Standish; tried to seize, and in drawing it back I hit a looking glass and broke it.

Re-examined. When Standish accused George with threatening his life, and  George denied having done so.

Probably the word “and” does not belong in the preceding sentence. The Albany Daily Times wrote regarding the next day’s proceedings:

This morning the trial of Standish was resumed. At half past eight o'clock the court was opened, and the case progressed. To-day the excitement has largely increased, that is if the number of persons in attendance can be taken as a criterion. A very large number of ladies were present, owing probably in a great measure to the fact that the teacher's institute of the county is holding its session here, and all the fair teachers of the county are here. Doubtless it was a curiosity for them to look at the alleged murderer, and they took a deep interest in the proceedings.…

Col. French opened the case for the defense, and said that many years ago, Benjamin Standish, father of the plaintiff, came here with his father from Connecticut. He had lived in about the same place he now resides, and brought  up a family of nine children. Among them was the prisoner, who was an upright honorable young man. No one ever thought him guilty of crime until this one. The accused was ambitious, and at the age of seventeen commenced studying for a physician. He was taken very sick, and was out of his head, and was never able to resume his favorite study. He then turned his attention to farming, and speculating in cattle and sheep, and amassed sufficient money to buy a snug little home. He paid a thousand dollars for it, and in order to carry on his farming to better advantage he came across Mr. and Mrs. See, and he arranged with them that they were to do his washing, cooking, sewing, etc., for the rent of the house, not the farm. They had no interest in the farm, and the district attorney was mistaken when he said they rented the farm. They would call witnesses of the highest standing to show that the accused was an honorable young man, and not a quarrelsome man. He soon found he had no friends in See and his wife, she having frequent quarrels with him, refusing to do his serving; would not allow him to eat at the same table, or to wash in the house, or to set his milk in the pantry, and made him put it in the front room. He bore with it all, although he frequently told his friends that he was abused. They would put the accused on the stand and he would tell it as it occurred. When he told them his story it would convince them. When the truth came out, they would tell him to go to his home in peace, as he had done nothing for which he was liable to punishment.…

The first witness sworn for the defense was the accused, who gave his version of the affair as follows: The See family all went away and left me alone, and while they were away in the evening there came in three young boys Edward Tallman, Joseph Tallman and Joseph Wakley. One of them proposed a game of cards. I got the pack down, and went and got my stand that was back in the sitting room, and put it in the kitchen, and we went to playing, and played until Mrs. See came home. As soon as she saw it she says, "None of that. This is played out; I will not have any playing cards on Saturday, because of the dirt." I said I would play cards if I chose, as I had as much right to do so as she had. As to the dirt, it would go towards the dirt her company made on my carpet. She said she would not have it, and I said I would play if I liked. She then said if it was any other night but Saturday she would not care but the floor was cleaned for Sunday and she expected company. I put up the pack of cards and the boys shortly after went out of the house. I said to her, “I don't see that playing cards makes any more dirt than if we did not play, and I don't see why we should not play as well as you. You do it at all times, Saturday, Sunday and every other day, and I do not see why I cannot have the same privilege.” She said she did not care, she would not have it. I walked up by the side of the stove and she went to the wood box. I said, “by good right you have no business here at all; you have not done as you agreed. You have not done my sewing, washing and cooking, as you agreed. ”She says, “I have done your common sewing.” I said, “Not as you agreed to.” Then she took up the fire shovel, and I thought she was was [sic] going to make up the fire, as it had got down. I turned partly sideways and thought to go to my bedroom, and I was kind of looking, and she hit me. I kind of turned by eye and saw the blow coming, but had no chance to stop it or avoid it. I was not mad, and had no idea she was mad. She gave me a heavy blow on the neck. I think the edge of the shovel struck my neck, but I had a cloth around my neck, as I had a cold, and had not taken it off when I came in from doing my chores. I think that prevented the shovel cutting my neck or killing me. Then I became benumbed up so that I could not walk or see. The first feeling was I became blind, and cold chills ran all over me. I stood or fell down until I got over it, and as soon as I came to my senses so I could walk, I went over to the hall door and leaned up against it. I stood there a while and felt wild and excited, and I had not stood there long before she said, “Get out of the house you dam [sic] cuss or I will make you.” Then I stood there a little while and then undertook to come into the kitchen. As soon as I undertook to do that she came on the dead run towards me from the wood box. I picked up a “flat” from the stove and “riz” it in self defense. Then she ran into the bedroom, and I dropped the flat on the floor and run after her. I came on her in the bedroom, her side was towards me; I clinched in to her and threw her down on the floor and held on to her, but did not realize how until I came out of my excitement, and when I was come to I bled from my nose and mouth. I think the bleeding fetched me too some, but was screaming as hard as I could scream, “Murder,” “Help,” and so on. I had one hand on her hair and the other on the side of her throat. I screamed and said, “Oh, you have killed me; oh, I shall run crazy.” “Oh, no you won't,” she says. She kept on saying that. I saw she was not mad, and I got off of her and told her to get up, and we both went out into the kitchen. When I  went out I held my hand over, and my nose was bleeding and I had my hand on my neck. She went off from me and pretty soon came back with a cloth and water and kept washing the blood from my face and nose, and when she had stopped the bleeding by applying water to my nose and face, I asked her where the blood came from. She said from my nose. I said you did not strike me on my nose, but on the back of my neck. I felt very uneasy, walked around the kitchen, and she followed me around. I went into the back hall and she followed me in there. I sat down on the sofa and she stood before me. I said you ought not to hit me when I told you the ruth. I spared you but you don't spare me. I said you done wrong by hitting me. I think she did not make any reply to it. Yes she did, too, she says: “I am so quick.” I walked around with my hand on the back of my neck, and she went into her bed room. Right after that one of the Tallman boys came in and asked whether his mittens were there. I told him I had not seen them. I told him Mrs. See had struck me with the fire-shovel across the neck. Right after that he went out. Then I went and took a seat down in a chair a little way from the stove, and she did not come out of her bedroom as I recollect. Pretty soon she shut the bedroom door and locked it, as I supposed, for I heard the bolt turn. I says, “You have no need to lock the door, because I did not try to hurt you when you were down, and I shall not when you are up.” She did not say anything to that, and I continued to sit in my chair, and sat there until Mr. See came in. As soon as he came in I says, “Mrs. See has struck me across the neck with the fire-shovel.” He did not say anything, but passed right around the stove into the back hall and hung up his coat. He then came to the door of Mrs. See’s bedroom and says “Let me in.” I thought they were talking about me, and I heard her say, “He choked me and pulled my hair.” Then he says “I will knock him in inch pieces.” I said “Oh, my God! have I come into my own house to be murdered.” She says neither they would murder me. I says I did not try to hurt you. She says, “yes you did, you choked me and pulled my hair.” I said I could not stand it, but would have them both arrested. I told See he had threatened my life. He said you a liar and a d&endash;&endash;&endash;&endash;d liar, and you cannot back it. He came up to where I stood with his doubled up fist and shook it in my face, and hit me. As he came up to me I said two or three times, “stand back; keep your hands off me.” He followed me up and clinched me, and pulled me forward and I pulled back. He then reached out to get a flat iron, but I got it, and as he pulled me I hit him, but where I hit him or how many times I don't know. When I dropped him he fell, and I did not hit him when he was down. His wife came out of the bed room and said. “Oh, Harvey, what have you done?” She shut the door and locked it; I stood stupefied and then went to the neighbors and asked them to go for a doctor.

This is substantially the prisoners statement, and cross-examination did not shake it. The two Tallman boys corroborated him, and they stand uncontradicted. A large number of witnesses gave the prisoner a good character, and the woman Mrs. See, a bad one, and so the case stood when completed, and the court adjourned until to-morrow morning at 8:30 when it will be summed up.

Col. French argued in behalf of the defendant, in light of this testimony, that:

If all the wound had been inflicted while on the ground, the flat iron would have crushed the skull like tender. If a six-pound flat iron was dropped on the floor it would make a dent an eighth of an inch deep, and what would be the result if he had pounded the head of deceased while on the floor? It was after it was all over that Mrs. See came out and said “Oh, Harvey, what have you done?” She went back into her room and locked her door. Standish not knowing what he had done, replaced the iron on the stove, and then went to Taylor’s and Durfee’s and asked them to go for a doctor. He made no attempt to escape. Was that the act of a premeditating murderer? The defense was justifiable homicide, or other words the wounds were inflicted in self-defense. Counsel then alluded to the action of the district attorney in employing Hon. Lyman Tremain, and said the prisoner was justified in employing eminent counsel, because his life was in jeopardy, but that did not justify the district attorney. He warned the jury not to be influenced by counsel, but to render a verdict according to the evidence.

What other newspapers chose to print tended to be more of a miscellany, oftening amounting to a court stenographer’s summary transcript. From the Daily Sentinel of 27 Aug:

John H. Schaft, being sworn, said: I have been acquainted with prisoner some four or five years. Now live in the house of Standish's brother. One day last winter was coming down to Saratoga with Standish, and he complained of being abused by See. Said he would have to claim protection if they did not stop.

The Evening Times transcribes Schaft’s testimony in full, but it is omitted here. He laughed at every question, making flippant responses which guaranteed that his testimony would not be taken seriously.

Other tidbids, from the weekly Saratogian, 3 Sep:

Edward and Joseph Tallman, brothers, the boys who were in See's house, together with John Wakely, … were placed on the witness stand respectively [for the defense]. Their statements were almost exatly the same. It was in substance as follows; After supper on Saturday … they went up to See's house, where they found Henry Standish. They proposed a game of cards, when Standish procured a stand, when they played a few games. Mrs. See returned and on entering the room upbraided Standish for the act, at the same time telling the boys that she should be pleased to have them come and play cards on any other night but Saturday, as she had cleaned the house for Sunday. Some sharp words ensued, when the young men left. They subsequently heard some noice and returning took a position near a corner of a hog pen, distant over sixty feet. From this point they swore they could see into the kitchen, north part, the window curtain being up. They observed See return home home and pass through into a hall with a can. He afterwards came out in the kitchen and washed his hands, at the same time replying back with an oath to some person in the interior. After he had entered they heard some scuffling and heard Standish say, in substance, take that fist out of my face and leave me alone. &emdash; The shuffling was renewed, when they heard a heavy body fall, followed by a shriek. They afterwards saw Standish leave the house.

Dr. G. W. King was also sworn. He testified to finding a bruise on Standish's left breast. …

Mrs. See denied the allegation that she had told Grace Wilde that she did not see the deceased struck.

Mrs. Grace Wilde swore to the contrary.

Miss Lorena Standish affirmed Mrs. Wilde's statement, and added that Mrs. See had stated that when she struck Standish she intended to kill him.…

Leman Terrill, James Quinn, Sidney Easton, Benjamin Lincoln, Joshua Lockwood, Mrs. Leman Terrill, and Henry Wait testified to Standish's good character previous to the homicide. Other witnesses for the defense swore to the same.…

[For the prosecution] D.S. Gilbert, J. McDowall, and Wm. Wakely testified to seeing Standish’s neck on the morning following the homicide, and failing to discover any mark or swelling.

Owen Van Wagoner swore that last Christmas Standish told him that he was perfectly satisfied with Mrs. See’s work, and he did not want to get rid of her.

Mrs. Durfee was called by the defense and swore to Standish’s having a lump on his neck the size of a hen's egg.

The Sentinel affords the fullest account of the questioning of Standish:

James Harvey Standish, prisoner, being sworn said, said: Was born in Greenfield, and am thirty-eight years old. Moved to house in May, 1878. … She [Lovinia] once took a flat iron in her hand, and raised it to strike me. This was in in the fall of 1873. Three times she threatened me with the flat iron. Once her husband came between us and stopped her. She once threw a stick of wood, which struck the wall above my head, then fell down and broke the lamp chimney. She threatened to put poison in my victuals. She pushed me another time and hurt my finger so that it lopped down.

On cross-examination. First quarrel with Mrs. See was in summer of 1873. She raised the flat iron against me then. She … [ a few words illegible in photocopy] … milk in sitting room. She took it out of pantry, and put it in sitting room. I told her she was to take care of milk. She denied it. After some words, she came at me with a flat iron. Do not remember telling her she was a liar. Do not remember using abusive language. Can not tell all the words used them. She drew the flat iron to strike me then and her husband came between us. She said she would split my brains out. Was sitting down when she same at me, but did not get up. Became reconciled after that time. Do not recollect of asking Mrs. See to go west and live with me. Do not remember advising her to go to Saratoga, and live until See got mad and quit her; that we would go west together. She accused me afterwards of telling my brother's folks that her husband was lazy and shiftless. I denied the story. She called me a d&endash;&endash;&endash;&endash;d liar. She came at me with a flat iron again. Can not remember certain about the occurrences then. No violence was offered at that time. Several other times quarrels occurred. And I pushed her down, and hit her on the head, after that I helped her up. Don't remember of any quarrel and violence later than in the fall, when we were digging potatoes, until the last day of February. First bargain was that they were to supply three-quarters for the table, and I one quarter. Afterwards I offered to furnish one-third, as they went away some times. She became dissatisfied, and called me a hog; then I began to furnish and board myself. Know Orin Van Wagoner. Have no recollection of telling him that Mrs. See was a nice woman, and that I could not get along without her.

Other defense witnesses, from the same account:

Lorena Standish was sworn. Am sister of prisoner; heard Mrs. See say she was in bed room when the affray took place.

On cross-examination. We were walking together up to my brother's house, and I told her she was cause of the whole of it; she replied she was in the bed room when the affray occurred; See came to father's to sell a calf; said if Harvey and his wife had any more quarrels he would split my brother's head open.

Dudley Wait was recalled. Saw Standish at Mr. Durfee's; heard him complain; saw a mark on back of his neck; character of Standish was generally good pervious to this time; from speech of people should not think character of Mrs. See to be good; have heard objections to her that she had a child before marrying See, and married See while his former wife was living.

Beroth Phillips was sworn. Heard See, last November, say that if Standish did not stop his talk, he could whip him in about two minutes; have known Standish fifteen or twenty years; character good; heard See's first wife speak against his present wife.

Lewis Wood was sworn. Was keeper of town hall: saw Standish in lock up on Monday morning; there was a mark on the back of his neck; also a spot on his breast; looked discolored.

Philemon Terrell was sworn. Have known Standish from a boy; his character was good, Mrs. See’s character was not good according to report.

Cross-examined. Heard Lorena Standish speak against her; Benjamin Durfee said she played cards; think that against her moral character.

James Quinn was sworn. Have known Standish nineteen years; his character was good.

Sidney Easton was sworn, and testified to good character of Standish; he was a kind of peace maker.

On cross-examination. Standish was regarded as a peace maker in his own family. Never heard any thing against Mrs. See.

Dexter A Lincoln was sworn, and testified to good character of Standish. Am stranger to Mrs. See; have heard her character was good; live about one mile from Standish's father.

Joshua Lockwood was sworn. Have known Mrs. See about three years; have heard that she had a child before marriage.

Mrs. P. Terrell, b eing sworn, said she had known Mrs. See eight years.

On cross-examination. Heard Martin See say he [Standish?] was quarrelsome.

Henry Wait was sworn, and thought the character of Mrs. See was bad.

J.H. Standish was recalled. Could not remember incidents related by John Shaft.

Cross-examined. Have been a on a load of wood with Shaft.

Re-direct. Denied what Mrs. See swore as to conversation during the affray, when in the bed room.

The third and final day of the trial (Aug. 27) , reported by the Evening Times the following day:

To-day the counsel on both sides summed up the case, but before going into that matter, I must draw attention to a piece of testimony given by a witness for the prosecution, and also to the increased excitement manifested. I think I told you that a teachers' institute was being held here, and that a large number of young ladies were in attendance. Will, yesterday afternoon, the principal of the institute thinking a visit to the court house would act as a sort of recreative medicine to his puils closed the institute and up to the court house the fair ones came in a troop. The officers of the court, be it known, are very gallant, though mostly beyond the prime of life, but when they were taken by storm by such a body of ladies, with youth, beauty, and such fine fixings, too, they moved about as sprightly as a cat on hot bricks. A number of additional chairs were placed inside the bar, all the male occupants of the first four rows of seats in the space alloted to visitors were peremptorily ordered out, and the fair ones were thus accommodated. Of course the sudden influx of visitors packed the court room, and the atmosphere soon became anything but pleasant. The ladies, however, sat it out, and took so deep an interest in the proceedings that to-day, when the principal wanted to open the institute, not a pupil was to be found&emdash;except in court, and, of course, thinking it necessary to take care of them, seated  himself inside the bar, and soon became deeply interested in the proceedings.

Notwithstanding the fact that a fellow being was on trial for his life, and that to him at least the decision would be one of fearful import, the jury and all the visitors seemed as festive and gay as if the cause on trial did not involve more than ten dollars. And right here let me say that the jury was allowed to scatter every night, some going to Saratoga and others at Ballston Spa, and although the judge cautioned them against talking to any one about the case, he said nothing about reading the newspapers, and the result was that every day the jurymen procured copies of the papers and read their reports of the testimony given the previous day. Now I do not wish to be understood as saying that any of these reports were garbled, but one thing is certain, that the reporter of at least one of the papers was prejudiced against the prisoner, and unwittingly he gave a coloring to the case. But I have not time to discuss this subject further.

SUMMING UP FOR THE DEFENSE

This morning Hon. Henry Smith commenced to sum up for the defense, and in a powerful address reviewed the testimony, pointed out that Mrs. See was a woman of violent passions, that she and the prisoner had had repeated quarrels, and that only a few minutes before the homicide took place she had struck him over the head with a shovel.  He had at the last moment before closing the case for the accused drawn from her the fact that she had hidden that shovel for fear it might be produced in court and shown what a murderous weapon it was. He argued that the woman was unworthy of credit. That her moral character was bad, she having given birth to an illegitimate child, and then married her own cousin when she knew had a wife and children living. He pointed out that her statement and that of all the witnesses for the defense agreed down to a certain point; that she admitted her husband shook his fist in the prisoner's face, but there her story broke off. If they would take the natural course of events they would see that the prisoner's story fully explained it. That deceased then stuck him was proved by the testimony of the doctor who saw the bruise; they then clinched, deceased made an effort to get the flat iron, but the accused grabbed it first and struck his antagonist. He had no uneasiness at all that the jury would bring in a verdict of murder, either in the first or second degree, because there was nothing in the case to warrant such a verdict, but, in case they might think it a case of manslaughter in the third degree, he would read the law on justifiable homicide and apply the circumstances of the case to it. If the jury believed the statement of the prisoner, corroborated as it was by the two Tallman boys, then they must acquit him, as if he had reason to fear violence from the deceased, he was justified in using every means to protect his own life, even if, in so doing, he killed his antagonist. …

Hon. Smith’s address clocked in at three hours, and so different reporters plucked other significant points from it. The Sentinel of Aug 28 shows him attempting the reverse the “spin” regarding the quarreling with Lovinia. “Res gestae” means the relevant facts of the case.

There is one feature of this case somewhat peculiar in the manner in which it is presented. That is that the evidence of the preliminary quarrel between Standish and Mrs. See is given in this case. I can not see how or why. The res gestae is what occurred when George W. See was present. Whether Standish was in fault in the former case, has no earthly bearing here, unless it is to mitigate the offense, by showing his state of mind when See was present. …

Shaft is the only man who says that he has heard Standish utter any threat against See. Gilbert must have used a fine net to find so small a fish as this Shaft. I have nothing to say against officer Gilbert's integrity, but he did stretch his duty to the utmost to find this evidence. Gentlemen of the jury, you have seen this man Shaft. Do you believe him even if his evidence is of consequence, which it is not. He is as you see a careless, drinking man, one whom you would not trust in your own business. A man who came from the pure air of Greenfield and took an “eye opener” in a Ballston gin mill, and had to be shut up in the district attorney's room to keep him sober. Send him back to Greenfield, gentlemen. He is unworthy of belief.

He [Smith] next reviewed the evidence of the deadly affray, and claimed that it showed conclusively that it was done without motive or malice. The prisoner stands before you a loyal, law abiding citizen of of thirty-eight years, and previous to this fatal occurrence there is not a blot on his fair name. He is a hard working, bachelor farmer, who has worked out a competence from the sterile fields of his native countains. He may even be “penurious,” as my learned friend, the millionaire congressman, who is to follow, insinuated in his question to the prisoner. Gentlemen, Standish stands before you the peer of any man in the state. It is preposterous that after thirty-eight years of an honest life, he steps out a deliberate, red handed murderer. Did he show it when he went to his neighbors and gave the alarm? And, again, when he lay down on that lounge and slept in peace that night? If he had had murder in his heart, he would have burst open that door with the heavy iron and slain the only witness of his fell deed.

He then entered an ingenious theory as to how the blows were inflicted, claiming that they were given at one and same time; admitting that if Standish returned to the prostrate See, that he acted with the spirit of a demon. Gentlemen, the old law “a life for a life” has been superseded for eighteen hundred years by that of charity and forbearance, and human laws of late have been modified.…

Gentlemen, the burden of proof is on the people. Before you can convict Standish of willful murder they must convince you that he did kill See with a deliberate, free, natural action of his mind. This is established by the decision in the case of E.S. Stokes, gained mainly by the efforts of Judge Tremain. He then argued that this is a clear case of justifiable homicide, committed in defense of his person when in imminent danger; reviewing in scathing terms the evidence of Mrs. See.

Returning now to  the Evening Times:

SUMMING UP FOR THE PROSECUTION

…Hon. Lyman Tramain … commenced by showing that the prisoner's statement and that of the two Tallman boys did not agree, and cited the assertion of the prisoner that after he was struck with the shovel he screamed, whereas the Tallman boys, or hog-pen witnesses as he called them, averred that they heard the blow given by Mrs. See when she struck the prisoner, but heard no screaming. They went to the house a few seconds afterwards to get a pair of mittens that one of them had left behind, but although the prisoner then complained that Mrs. See had struck him he said nothing about bleeding at the nose or mouth, and no marks of blood were seen on his clothing or on the floor. He denounced the whole story as a fabrication, and pointed out that the fact that Mrs. See's bed room window was found open; that the door was found locked inside; that there was a dent on the door jam where the iron struck, all corroborated her version of the tragedy. She told them that after the accused struck the first blow her husband fell to the floor, and she saw his eye roll up, in consequence of the cheek bone and jaw bring broken. That was the first blow, but not the mortal wound. How, then, did the other wounds come on the head of deceased, if the accused had not deliberately gone back to the prostrate man and dealt more fearful blows with the flat iron? It was then he killed his victim. Was there not every reason why he should hurl the flat iron at Mrs. See? She was the only living witness to the murder, and he wanted to kill her as well, so that his story could not be contradicted. He did not attempt to escape, because he knew it would be useless. Counsel reviewed the testimony and criticised it at great length, and concluded by calling on the jury to render a verdict of murder in the first degree, unless they wished to offer a premium to crime, and give force to the assertion that “Hanging is played out in the state of New York.”

From the Daily Sentinel:

He [Tremain] rebuked the attack on the character of Mrs. See. To be sure, she was the victim in early life of man's seductive arts. But, let these men who thus attempt to deride her, call to mind the words of the Saviour; “Let him that is without sin among you case the first stone at her.” To be sure, she married her cousin George W. See when his first wife was yet living, but she was his true, honest wife for eight years, and Pond & French have failed to find ought against her character in that period.…

Judge Landon then charged the jury that their first duty was to find whether George W. See came to his death, February 28, last, in the town of Wilton, by the hands of the prisoner. If you so find, then you are to consider what is the grade of crime committed. He then charged them fully on the various degrees of murder and manslaughter, swelling particularly on justifiable homicide, charging that the prisoner is liable if he went further than the necessary force to protect himself from bodily injury. If he did not do this violence in such defense, then he stands before you unprotected by such a claim. You are to judge from the evidence whether such a reason did exist. If you find it to be justifiable, then you must find a verdict of not guilty. If not so found, then you must find whether it was murder in the first or second degrees. He then defined determination and deliberation. It may be determined but a moment before, and yet be a deliberate murder. You must find this determination by his acts before, and at the time of the killing. If you find that he did so deliberate and determine, then you must find a verdict of muder in the first degree. But if he had the intent to kill without deliberation, then find a verdict of murder in the second degree.. If you have a reasonable doubt as to intent, then you must consider the statutes of manslaughter. …

The Evening Times commented at this point:

On the whole, the charge was decidedly unfavorable to the prisoner, and after the jury had retired, Hon. Henry Smith took several exceptions to the charge. The force of the exceptions may be judged from the fact that Hon. Lyman Tremain wanted Judge Landon to recall the jury and modify his charge in some particulars, but his honor declined to do so.[3]

The Saratogian of 3 Sep had the best rendition of the verdict and sentencing:

Court: After a fair and impartial trial, in which you have had the benefit of able counsel, a fair and impartial jury have found you GUILTY OF MURDER IN THE SECOND DEGREE, the punishment of which is imprisonment for life. The court has no power to make it any less. The court now sentences you to Dannemora at hard labor for the balance of your life.

[The jury on going out stood four for first degree, five for second, two for manslaughter and one for acquittal. Finally a compromise was effected on the second degree.]

All eyes turned toward the prisoner, who received the terrible sentence in an excited manner. A deep and solumn silence prevailed, when Standish, pointing to Mrs. See, exclaimed in a tremulous voice: “True as the Book of Genesis, that woman spoke false against me!”

On motion for an adjournment of the Court to sign a bill of exceptions, the Court set the time for October 1, 1874, 11 A.M.

The Court then adjourned.

Jas. H. Standish res. 1880-US Clinton Prison, Dannemora (Clinton) NY, p. 281B. At some point he was released from prison, as he md. 1 Jun 1901 in Greenfield NY as her second husband Florence August SWARTWOUT Fullington[4], however by 1905-NY they were already separated and Florence had reassumed her first married name.



[1] His descent from the Mayflower Capt. Standish is given by the LDS church's genealogy site: James Harvey7, Benjamin6, Isreal5, Israel4, Samuel3, Josias2, Miles1

[2] Alembert Pond, occupation lawyer, b. NY ca. 1820, res. 1880-US Saratoga Springs.

[3] The Times omitted the discussion of verdicts of second degree or manslaughter. That would indeed have been extremely unfavorable to the prisoner, had the report been accurate.

[4] Born Dec 1864, d/o James F. Swartwout & Carolyn HOWE. Her first, brief, marriage was to William FULLINGTON in 1897, but he died that year. Thanks to Marilyn Meyers, e-mail Jul 2004.