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ber, 1800, and were employed the greater part of the month of January, 1801, in the loading of the vessel; that during that time the witness and Parker worked together daily; the witness well recollected that they worked together on the 25th day of December 1800; he remembered it because he never worked on a Christmas day before nor since; he knew it was in the year 1800, because he knew that Parker lived that year in a house belonging to Captain Pelor; and he remembered their borrowing a screw for the purpose of packing cotton into the hold of the vessel they were at work at, from a Mrs. Mitchell, who lived next door to Parker; that witness was one of the city watch and that Parker was also at that time upon the watch; and witness had served with him from that time to the present day upon the watch, and never recollected missing him any time during that period from the city.

Aspinwall Cornwall testified, that he lived in Rutger-street, and had lived there a number of years; that he kept a grocery store; that he knew Parker, the prisoner at the bar, in 1800 and 1801; that Parker then lived in Captain Pelor's house; that he only lived one year in Pelor's house; that Parker while he lived there traded with witness; that witness recollected once missing Parker for a week and inquiring, found he had been at Staten island, at work on board one of the United States' frigates; that excepting that time he never knew him to be absent from his family, but saw him constantly.

Elizabeth Mitchell testified, that she knew Parker, the prisoner at the bar well; that in the year 1800, he lived in a house adjoining to one in which the witness lived; that the house Parker lived in belonged to Captain Pelor; that witness was in habits of intimacy with Parker's family, and visited them constantly; that Parker being one of the city watch, she used to hear him rap with his stick at the door to awaken his family, upon his return from the watch in the morning; that she also remembered perfectly well, Parker's borrowing a screw from her on Christmas day in 1800, when she offered him some spirits to drink, but he preferred a glass of wine, which she got for him: the circumstance of her lending the screw to him, she L

was the more positive of, from recollecting also that it was broken by Parker in using it; that Parker never lived more than one year in captain Pelor's house, and from that time to the present day, witness had been on the same terms of intimacy with Parker's family. She therefore considered it as almost impossible that Parker could have been absent from town any time without her knowing it; and she never knew him to be absent more than one week while he lived at Pelor's house.

James Redding testified, that he had lived in the city a number of years; that he had known Parker the prisoner at the bar, from his infancy; that Parker was born at Roe in Westchester county; that Parker in the year 1800 lived in Captain Pelor's house; that witness saw him then continually and never knew him during that time to be absent from town any length of time; that witness particularly remembered, that while Parker lived in Captain Pelor's house, witness sometime in the beginning of the month of January, 1801, assisted Parker in killing a hog.

Lewis Osborn testified, that he had been acquainted with Parker, the prisoner at the bar, for the last four years; that witness had been one of the city watch; that from June 1800, to May, 1801, Parker served upon the watch with witness; that at first Parker served as substitute, that is, one who in case of the absence of a regular watchman, supplies his place; that witness remembered that Parker a few days after Christmas, in 1800, was placed upon the roll of the regular watch, in the place of one Ransom who was taken sick; witness was certain it was in the period abovementioned, because that was the only time witness ever served upon the watch; that during the above period, witness and Parker were stationed together while on the watch at the same post; witness was certain that Parker, the prisoner at the bar, was the person with whom he had served upon the watch, and was confident, that during that time, Parker was never absent from the watch more than a week at any one time.

The prisoner's counsel here rested his defence.

Testimony on behalf of the prosecution continued.

Moses Anderson testified, that he had lived at Haverstraw, Rockland county; that he had lived there since the year 1791; that he knew the prisoner at the bar well; that he came to the house of the witness in the beginning of September 1800; that he then passed under the name of Thomas Hoag; that he worked for the witness eight or ten days; that from that time till the 25th of December, prisoner passed almost every Sunday at witness's house; that during prisoner's stay at Rockland county, witness saw him constantly; that if the prisoner was the person alluded to, he had a scar on his forehead, which he told witness was occasioned by the kick of a horse; he had also a small mark on his neck [those marks the prisoner had,] he had also a scar under his foot between his heel and the ball of the foot, occasioned, as he told witness, by treading upon a drawing knife; that that scar was easy to be seen; that his speech was remarkable; his voice being effeminate; that he spoke quick and lisped a little, [those peculiarities were observable in prisoner's speech,] that prisoner supped at witness's house the night of his marriage, in December 1800; that witness had not seen prisoner until this day, since prisoner left Rockland, which was between three and four years ago; that witness was perfectly satisfied in his own mind that prisoner was Thomas Hoag.

Lavinia Anderson certified, that she knew prisoner at the bar; his name was Thomas Hoag; that in September, 1800, he came to witness's house in Rockland county and worked for her husband eight or ten days, then worked for Judge Suffrein; every Saturday night, until the prisoner was married, he and a person who passed for his brother came to witness's and staid till Monday morning; that witness washed for him; there was no mark upon his linen; that prisoner, if he is Thomas Hoag, has a scar upon his forehead; he has also one under his foot; was certain of the mark under his foot, because she recollected that the person who passed as his brother having cut himself severely with a scythe and complaining very much of the pain, Thomas Hoag told him, he had been much worse wounded, and then showed the scar under his foot.

Witness also testified, that about a year ago, after a suit had been brought in the Justices' Court of this city, wherein the identity of the prisoner's person came in question, witness was in town, and having heard a great deal said on the subject, she was determined to see him and judge for herself; that accordingly she went to the prisoner's house, but he was not at home; she then went to the place where she was informed he stood with his cart; that she there saw him lying on his `cart with his head on his hand; that in that situation she instantly knew him; that she spoke to him; when he answered her she immediately recognised his voice; that it was very singular, shrill, thick, hurried and something of a lisp, that Hoag had also a habit of shrugging up his shoulders when he spoke; this she also observed in prisoner; that prisoner said he had been told she was coming to see him, and it was surprising people could be so deceived, and asked witness if she thought he was the man; witness said she thought he was, but would be more certain if she looked at his forehead. She accordingly lifted up his hat and saw the scar upon his forehead, which she had often before seen; that prisoner then told her it was occasioned by the kick of a horse; witness added it was impossible that she could be mistaken, prisoner was Thomas Hoag.

Margaret Secor testified, that about four years ago she lived at Rockland, with her father Moses Anderson; that prisoner at the bar, Thomas Hoag, came to their house in September, 1800; that he remained in Rockland five or six months; that he had a scar on his forehead; that he used to come every Saturday night to her father's to pass Sunday with them; that she used to comb and tie his hair every Sunday, and thus saw the scar; that witness married about two years ago, and came immediately to live in this city; that after she had been in town a fortnight she was one day standing at her door, and she heard a cartman speaking to his horse; that she immediately recognised the voice to be that of Thomas Hoag, and upon looking at him saw the prisoner at the bar and instantly knew him; that as he passed her he smiled and said, How do you do cousin? that the next day he came to her house, and asked her how

she knew he was the man, witness replied she could tell better if he would let her look at his head; that accordingly she looked and saw a scar upon his forehead, which she had often remarked upon the head of Hoag; witness admitted she had mentioned her suspicions to her husband, and her husband had told prisoner of it and had brought him to the house; witness added she was confident prisoner was the person who passed at Rockland, as Thomas Hoag.

James Secor testified, that he had been married about two years and a half; that he brought his wife to town about a week after his marriage; that he knew Hoag in Rockland and had repeatedly seen him there; when he saw prisoner at his house in town, thought him to be the same person; witness's wife had mentioned to him that Hoag had a remarkable scar on his forehead, and when prisoner was at witness's house, he saw on his head the scar his wife had described.

Nicholas W. Conkle testified, that he lived in Rockland county; that he knew the prisoner at the bar; that his name was Thomas Hoag; that he could not be mistaken in the person; that Hoag had worked a considerable time for him; that during that time he had eaten at witness's table; that Hoag beinga stranger and witness understanding he was paying his addresses to Catharine Secor, witness took a good deal of notice of him, thought him a clever fellow, saw a great deal of him, lived in a house belonging to witness; when witness saw prisoner at this place he knew him instantly, his gait, his smile (which is a very peculiar one) his very look was that of Thomas Hoag; witness endeavoured, but in vain, to find some difference in appearance between prisoner and Hoag; he was satisfied in his mind that he is the same person. Hoag he thought was about twenty eight or thirty years of age; he thought Hoag had a small scar on his neck.

Michael Burke testified, that he lived in Catharine-street; that he formerly lived in Haverstraw; that he saw prisoner several times at Haverstraw before and after his marriage in December 1800; that he was as well satisfied as he could be of any thing that prisoner was the same person he knew in Haver

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