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 TRIAL 
 
 OP 
 
 WILLIAM BEALS & CHARLES G. GREENE, 
 
 FOR AN ALLEGED LIBEL, PUBLISHED THE 
 
 ... J *' ' •.* ■" 
 
 BOSTON MORHINd POST, 
 
 ON 
 
 ALFRED W. PIKE, 
 
 PRECEPTOR OF THE TOPSFIELD ACADEMY, 
 
 AT THE 
 
 NOVEMBER TERM OF THE SUP. J. COURT, AT SALEM, 
 
 BEFORE 
 
 HIS HONOR JUDGE PUTNAM. 
 
 BY THE REPORTER OF THE BOSTON MORNING POST. 
 
 BOSTON: 
 
 PRINTED BY BEALS & GREENE : 
 
 1835 . 
 
9 " 
 
 TRIAL FOR LIBEL. 
 
 ALFRED W. PIKE versus WILLIAM BEALS AND CHARLES 
 G. GREENE—DAMAGES LAID AT TEN THOUSAND 
 DOLLARS. 
 
 Present. —Hon. SAMUEL PUTNAM, Associate Justice of 
 Supreme Judicial Court, Presiding. 
 
 Jury. — Andrew Lunt, Foreman ; Miles F. Griffin, Amos 
 Gould, William Hook, Samuel Ireson, Samuel Jenkins, Jr., 
 Daniel Leach, Jacob Newhall, Jr., Tl.omas Payson, Wells Smith, 
 Israel Trask, James Whittier. 
 
 Counsel. — Rufus Choate and Asahel Huntington, Esqrs., for 
 the Plaintiff. 
 
 Leverett Saltonstall and George Wheatland, Esqrs., for the 
 Defendants. 
 
 This prosecution grew out of the publication, in the Boston 
 Morning Post, of the following communication, on the 2d of 
 May, 1835 
 
 “BRUTAL CRUELTY. 
 
 To the Editor of the Boston Mornnig Post: 
 
 Sir-h. case of unparalleled cruelty has come under my observation, 
 which I hope, for the sake of humanity, you will give a place in your 
 paper. A child 8 years old, (Sarah B. Jay) was placed under the care 
 of a Mr Pike, schoolmaster, and member of Mr Winslow’s church, with 
 a promise on his part to bring up the child as he would his own. Mr 
 P. removed to Topsfield, Mass., last autumn, since when the child has 
 suffered the utmost cruelty—her food has been chiefly Indian meal 
 and water—she has been compelled to sleep on straw, in an upper 
 room, with scarcely covering enough to keep life in her—and during 
 the last rigorous winter exposed so as to freeze her feet and hands 
 badly. Finally, Mr P. sent word to her mother that he had put her in 
 the Alms House, where she was very comfortable and could remain if 
 her mother chose. ^But her mother, feeling indignant at such conduct, 
 
4 
 
 desired Mr P. to send her daughter home. He complied with the re¬ 
 quest, and she arrived at her mother’s, a day or two since, hungry, 
 half naked, and reduced to the lowest state of wretchedness.” 
 
 About a week subsequent to the appearance of this commu¬ 
 nication, the following certificate, in reply to it, was published 
 in the Essex Register, from which it was copied into the Post 
 by Mr Greene, who subjoined to it the editorial strictures which 
 accompany it:— 
 
 “ From the Essex Register. 
 
 “BRUTAL CRUELTY.” 
 
 Messrs Editors —Having seen in the Boston Morning Post, of May 2d, 
 1835, an anonymous communication, headed “ Brutal Cruelty,” accusing 
 MR PIKE, of this town, in several particulars in re-pect to his treatment of 
 a young girl, Sarah B. Jay, who has lived in his family during the last five 
 or six months, and who has been recently returned to her mother in Boston. 
 We the undersigned, have availed ourselves of such means, as we consider 
 sufficient to authorize us to form and express an opinion in the cage—and ac¬ 
 cordingly certify that we are satisfied that there has been no cause of com¬ 
 plaint against Mr. and Mrs. Pike, in respect to the girl. We are satisfied that 
 she was well fed and clothed, and comfortably provided for on their part. Her 
 sickly appearance and diseased feet, we consider a' necessary consequence of 
 her own personal condnct, which was, for more than two months previous to 
 her being placed at the dispesal of the Overseers of the Poor of Topsfield, 
 filthy and disgusting in a degree we have never known equalled. And there¬ 
 fore, we view the communication alluded to as slanderous in the extreme. 
 We have the fullest confidence in the kindness and attention of Mr. and Mrs. 
 Pike to all under their care. 
 
 N. CLEAVELAND, 
 
 JACOB TOWNE, 
 
 MOSES WILDES, 
 
 R A. MERRIAM, 
 
 , JAMES F. McEWEN, 
 
 NATHANIEL PERLEY, 
 JEREMIAH STONE. 
 
 Topsfeld, May 6, 18H5.” 
 
 “ Sarah B. Jay is eight years of age—Mr Pike, took her under a 
 promise to treat her with as much kindness as he would one of his 
 own children. Is it a sufficent excuse for the present condiMon of the 
 child that she was unclean in her habits, or froward in her disposition, 
 providing such are the facts? It certainly was the duty of Mr and Mrs 
 P. to enforce a degree of cleanliness upon her sufficient to prevent the 
 breeding of disease and vermin, or else return her to her parents, and 
 not suffer a little girl eight years of age to continue in a state of filth 
 which has destroyed her health and strength for life, even if it should 
 be continued to her, which is extremely doubtful. Her feet have been 
 frozen —she says this was occasioned by a want of bed clothes during 
 the severe weather last winter; but Messrs Cleaveland & Co. consider 
 the operations of the frost “the necessary consequence of her own per¬ 
 sonal conduct.” Messrs. Cleaveland & Co. are satisfied that the child 
 was t: well fed and clothed”—the clothes she received from Mr Pike, 
 
5 
 
 during six months, including the last severe winter, consisted of one 
 blue, short-sleeved, cotton frock—an old knit shawl,one or two pairs 
 of Stockings, and a second-handed pair of shoes—thus clothed she re¬ 
 turned to her parents, during one of the coldest days of the present 
 spring, in a weak and exhausted state, from the alms house, where 
 Mr Pike placed her !—Is this the kindness he would show to his 
 own child P—Is this “comfortable” clothing ? Wonld Mr Cleaveland 
 consider it so for his own child, if he has one P—Certainly not, and no 
 man of common sense and common humanity would say it was—we 
 are unacquainted with Mr Cleaveland and his associates. 
 
 The above “certificate” does not relieve Mr Pike in the least fom his 
 responsibility in this affair—the child is an object of suffering wretch¬ 
 edness—she resides in Myrtle street and can be seen by any one—her 
 parents are poor, but honest, respectable, industrious people—we know 
 nothing of Mr P. more than we have heard within a few weeks, and 
 have no other object in following up this subject than to expose, what 
 appears to us to be, conduct of the most cruel and censurable charac¬ 
 ter. We understand that several gentlemen of wealth have interested 
 themselves in the affair, and that it will probably undergo a Judicial 
 investigation .”—Boston Morning Post, May 14. 
 
 It will be observed, that in the preceding editorial comments, 
 Mr. Greene reiterated, generally, the charges against Mr. Pike 
 contained in the Communication of May 2, and for this reason 
 Mr. Pike, as his counsel states, brought his action for Libel. The 
 trial commenced at Salem, on Monday, November 23,1835, before 
 the Supreme Judicial Court. 
 
 As soon as the Court was organized, a motion was made by 
 Mr. Huntington, that permission should be granted to take the 
 deposition at Topsfield, of Mrs Martha Williams, aged 74, 
 the mother-in-law of Mr. Pike, who made an affidavit, that she 
 had been suddenly taken sick, and was unable to attend Court, 
 This application was resisted by Mr. Saltonstall, on the ground that 
 Mr. Pike’s affidavit was not accompanied by the certificate of a 
 physician; that she was a very material witness, and that it would 
 be necessary for the defendant’s counsel to be present when the 
 deposition was taken, and would occupy a whole day; that if it should 
 appear, by a certificate that she was too sick to attend at the present 
 term, it would be a sufficient ground for a continuance to another 
 term. The court, however, was inclined to think that the deposi¬ 
 tion ought to be taken, and appointed Mr. Williams, of Salem, to 
 take it. 
 
 Mr. Huntington, for the Plaintiff, then opened the case, by read¬ 
 ing the writ, consisting of two counts, reciting at length the 
 alleged libellous publications, accompanied by the usual inuendoes, 
 and charges of malice, wickedness and falsehood. 
 
 The defendants pleaded the general issue, as to the malice, and 
 filed seven pleas in justification, alleging in technical form, that the 
 
6 
 
 statements declared on as libellous, were true, and adding two 
 other matters, not alluded to in the publications—to wit, that said 
 Pike compelled the said Sarah B. Jay to eat assafaetida and her 
 own excrement, and that therefore he ought not maintain his action 
 against the defendants. 
 
 “ You see, gentlemen of the jury,” said Mr. Huntington, “ from 
 hearing the writ read, and the pleas filed in answer, and also by 
 your knowledge of the character of both parties in this suit, that 
 this is a case of no usual importance. The libels contain charges 
 of a most aggravated character, and deeply implicating the con¬ 
 duct, reputation and standing of the plaintiff; and the defendants 
 allege in their pleadings that these charges are true. If the charges 
 are not true, then do they constitute one of the most atrocious 
 libels ever published ; if true, then ought the plaintiff to be exclud¬ 
 ed from the society of men. The libel, or libels, are in every va¬ 
 riety of words, and you will perceive that the pleas contain other 
 matters not in the libel. 
 
 The plaintiff is a farmer’s son—a native of the County of Essex, 
 of hitherto unblemished character—a teacher of youth for up¬ 
 wards of twenty years; and a husband and the father of a large and 
 interesting family. Although he brings the action, it is himself 
 that is on trial—he is now to be tried for his life—for every thing 
 dear and valuable in life. For this reason, we shall feel it to be 
 our duty and our privilege, in answer to these infamous and false 
 charges, which we regard with abhorrence, to put in his general 
 good character, because he owes it to himself, to his family, and to 
 the trustees of the respectable institution over which he is appoint¬ 
 ed. We shall call in gentlemen from different parts of the coun¬ 
 ty, who have known him twenty or thirty years, to prove that he 
 is a most moral, honest, and just man, and that he has hitherto 
 conducted so as to be much respected, and to be altogether above 
 suspicion.” Mr. Huntington recapitulated the charges contained 
 in the first communication, and continued.—“The matter would 
 never have reached this tribunal, gentlemen, if the defendants like 
 just and honorable men, who entertained a proper regard for char 
 acter, had paused, or published the certificate without any unfair 
 comments. 1 have remarked, gentlemen, that when this murder¬ 
 ous libel was published, the plaintiff was a preceptor of the Tops- 
 field Academy—it was a dagger to himself, to his wife, and to his 
 children. The article was read far and wide—he was in danger of 
 being overwhelmed at once with the universal indignation of the 
 public—he was struggling for life ; and to keep his head up it became 
 absolutely necessary to do something immediately. lie could not 
 w. it the tardy operation of the law, and he procured an investiga 
 tion of the subject on the spot, and if the defendants had simply 
 published the reply by the gentlemen of Topsfield, that Mr. and 
 Mrs Pike were not blameable the matter would have rested there. 
 We should not have commenced this prosecution, if they had pub-1 
 
ished the reply unaccompanied by false and malignant comments— 
 lisingenuous and unfair, 
 
 In these commenls, reiterating and enlarging the original 
 ;harge, aggravating it—dipping his pen in gall in every line, th 
 lefendant publishes a libel in every particular worse than the ori¬ 
 ginal one. There is malice to be seen in every line. It is mani- 
 est that Mr Greene meant to destroy Mr. Pike. In the most 
 iriful and ingenious manner, he makes Messrs. Cleaveland and 
 Do., as he slightingly calls them, say that the freezing of the child’s 
 eet was a necessary consequence of her own neglect. In this 
 vay, he gives a perfectly unfair answer, and takes back nothing; 
 >ut he goes on and argues the matter in a most jesuitical manner, 
 ind concludes by saying that the certificate does not relieve Mr. 
 Pike from the imputations resting on him. 
 
 With regard to the Indian meal, said Mr. Huntington, I know 
 lot whether Mr. Pike be a Grahamiteor not—he looks like a good 
 iver himself, gentlemen as you may see; but whether he Le a 
 Irahnmite or Anti-Grahamite, the man who could keep a child on 
 ndian meal and water five mouths, and be guilty of the other acts 
 ■harged upon Mr. Pike, must be a brute and a beast; and if the 
 lefendants come within a thousand miles of proving the truth of 
 hem, I shall feel it to be my duty, as a public officer,* to present 
 lim to the Grand Jury, friend as he is of mine, and has been, for 
 he last twenty years. 
 
 Mr Huntington, after commenting upon “ the injury necessarily 
 ene to the plaintiff, by the defendants in their respectable j^ur* 
 lal, by circulating the libel throughout the country, stated the facts 
 rhich he would be able to prove in refutation of the charges 
 nought against the plaintiff in the Post. He would show, he 
 aid, that while Mr Pike kept a private school in Boston, the 
 nother of the child, representing herself to be a very poor woman, 
 ery earnestly entreated Mrs. Pike to take the child—that her 
 usband, a Mr. Howard, was hostile to the child, and that her 
 wing at home created great disharmony in the family,—that the 
 liild was fully as much to blame as Mr Howard, in their dornes- 
 ic dissensions; that she was guilty of falsehood and obstinacy, 
 n this way, Mrs. Howard worked on Mrs. Pike’s feelings, and 
 ■reposed to have the child bound to her. Mr Pike and his eldest 
 aughter was very much opposed to taking the child to Topsfield, 
 ut Mrs Pike, being interested for her on account of her mother, 
 revailed on Mr Pike to take her. 
 
 After she went to Topsfield, symptoms of scrofulous humours 
 aanifested themselves on the child’s person, in consequence of 
 ?hich salts were administered to her, and afterwards she was fur- 
 lished with gruel, and this (said Mr Huntington) is what is meant 
 
 * Mr. Huntington is the Commonwealth’s Attorney, for the District, in which 
 Issex County is included. 
 
8 
 
 by the Indian meal and water, they talk about. In February, Sarah, 
 the child, became unclean in her personal habits, in a most extra¬ 
 ordinary degree, and it became necessary to make up a straw 
 bed for her, but she was so well supplied with bed clothing, thai 
 if Mr Pike had been charged with having attempted to smother 
 her, the charge would have come much nearer the truth, than 
 that which has been preferred against him ; and so far from hav¬ 
 ing an insufficient supply, she had seven thicknesses of covering. 
 The child, however, continued in its offensive habits, and to such 
 an extent, that Mrs Pike was made sick by her conduct, and told 
 her husband that she could not live in the house with her any 
 longer. She was then put into the alms-house, because Mr Pike 
 did not know that Mrs Howard was in a situation to receive her ; 
 for Mrs Pike remembered her mother’s declaration, that her clnl- 
 dren had cried themselves to sleep for want of bread, and she 
 knew that Mrs Howard expected to be confined. He expected 
 to show also, that notice was sent to Mrs Howard when her child 
 was put into the alms-house; he would also show, that Sarah had 
 been afflicted with chilblains for several years; that the morning 
 she left Boston, her father bought her a box of ointment for her 
 feet, which were then sore with chilblains; that at Topsfield she 
 had a sufficient supply of clothing, and wore India rubbers on ac¬ 
 count of her sore feet, and that when Mr and Mrs Pike went to 
 the alms-house with her, she was comfortably clad, and was sent 
 home to Boston in the same clothes; and so far from eating 
 nothing but Indian meal, that she ate more animal food than any 
 other member of Mr Pike’s family. Mr Huntington closed his 
 opening statement by some remarks upon the responsibility in¬ 
 curred by the conductors of the public press in proceeding to re¬ 
 dress real or imaginary private wrongs, without due deliberation 
 and careful investigation, and compared their mode of operation, 
 in thus putting a party on trial, without affording him an opportu¬ 
 nity of defending himself, to the summary proceedings of Judge 
 Lynch. A man, denounced by the press was in fact tried and 
 •xecuted, before he could possibly obtain a hearing—a species o 
 Lynchism, he was sure, that was not yet very popular in this 
 ancient Commonwealth of Laws. 
 
 The Court adjourned at half past four, in order to afford the 
 counsel on each side to proceed to Topsfield and take Mrs Pike’s 
 Deposition, but when they arrived there they found her quite 
 well, and able to come to Court, and testify regularly, and there¬ 
 fore her deposition was not taken. 
 
 Tuesday, Nov. 25. 
 
 Mr Huntington proposed to introduce witnesses to prove Mi 
 Pike’s general good character. 
 
 Mr Saltonstall objected, because the defendants did not propose 
 to put Mr Pike’s general character in issue, and cited the opinion 
 
9 
 
 of Lord Abbott, that in a case of libel, it was not in the power 
 of the plaintiff to go into general character, unless his genera! 
 character was impeached by the defendants. 
 
 The Court inclined to the ground assumed by the defendants, 
 and deemed such proof unnecessary, as the jury, by presumption 
 of law, must take the plaintiff’s general character to be good, un¬ 
 til it was impeached by the defendants. 
 
 After a short consultation, the Counsel for the Plaintiff waived 
 the point, and proceeded to call witnesses, as to !\Ir. Pike’s profes¬ 
 sion, and standing as necessary in order to enable the jury to esti¬ 
 mate the damages he must in all probability sustain, if the facts 
 contained in the libel were believed to be true. 
 
 Twelve witnesses were accordingly examined and cross-exam¬ 
 ined on this point, and it appeared from their testimony, that from 
 the year 1815, up to the present time, Mr. Pike has kept classical 
 schools, and fitted young men for college, in Newburyport, Fram¬ 
 ingham, Woburn, Rowley, Boston, and Topsfield. Three stat¬ 
 ed that difficulties existed at Framingham, Newburyport, and 
 Woburn, and that the numbers of students fell off, prior to his 
 leaving those places. The nature of the difficulties referred to 
 did not appear, and the jury were cautioned by the court not to 
 draw any inference from that fact unfavorable to the plaintiff. Dr. 
 Noyes, of Boston, attributed a falling off of the numbers, at Mr. 
 Pike’s private school, in Boston, “to the ‘pressure," —i. e. the re¬ 
 moval of the deposites. He said the effects of the pressure were 
 also felt in the other private schools in the city. 
 
 [In connection with this point, but on a subsequent day, the de¬ 
 fendants introduced witnesses, who testified that complaints existed 
 about Mr. Pike’s mode of discipline ; they testified decisively, that 
 “ there was no diminution of the public confidence in Mr. Pike as 
 an able and accomplished instructor; but there was a diminution 
 of confidence in his inode of discipline.” Mr. Marston, of New¬ 
 buryport, after some consideration, said he believed, that the dis¬ 
 satisfaction at Newburyport related to his mode of treatment of his 
 female scholars ; but he never heard any thing against his human¬ 
 ity.] 
 
 At this stage of the trial, it not being necessary for the plaintiff 
 to prove the falsehood of the libel, until the defendants had intro¬ 
 duced testimony to substantiate its truth— 
 
 Mr. Wheatland opened for the defence, by remarking that the 
 case was of vast importance to the defendants, on account of the 
 great sum claimed for damages. After premising that most men 
 had a good general character, and also something unfavorable in 
 their particular character, Mr. Wheatland observed that this was the 
 case with Mr. Pike—his general character was good, but he had a 
 bad particular character,as the facts in the present case would prove. 
 Mr. W. then went into a general statement of the facts which the de- 
 2 
 
10 
 
 pendants expected to prove in justification of the publications de 
 dared on. lie said they would be able to show, that neither Mr. 
 Beals nor Greene wrote the article, and that it was published for 
 the most humane of purposes; that Sarah B. Jay, only eight years 
 old last January, has no father ; that her mother proposed to Mrs. 
 Colby to put her into an asylum; that Mr. Colby took the child 
 into her own family; that while with her, the child was in good 
 health and condition, and neat, tidy and clean; that Mr. Pike ap¬ 
 plied to Mrs. Colby for a young girl, and that Mrs. Colby referred 
 her to Mrs. Howard, Sarah’s mother; that the first application was 
 made by Mrs. Pike and not by Mrs. Howard; that Mrs. Howard 
 refused to have Sarah bound to Mr. Pike; and that she was deliv¬ 
 ered to Mr. Pike in a good condition in every respect, and lived 
 with .Mr. Pike three or four weeks before they went to Topsfield, 
 without any change in her habits. At Topsfield, and while at 
 Mr. Pike’s, she became haggard, pale and sick, lost her little toe, 
 and had her feet split open, as he would show, by cold. In this 
 state she was turned into the poor house, because Mr. Pike, as he 
 himself said, was afraid she would die on his hands. When she 
 was put into the Alms-house at Topsfield, which was filled with 
 vermin, she was clad sparely—with a pair of boy’s shoes down at 
 the heel, a thin calico gown, with short sleeves, a woollen garment 
 so ragged and filthy as not to be fit for hogs to toss about in a sty; 
 and when the overseers inquired of Mr. Pike concerning her 
 clothes, he told them there were none for her. In this state the 
 girl was sent home to her mother, and the physicians, upon exam- 
 >ng her, were of opinion that she could hardly be expected to live. 
 Among other neighbors, Mr. Sweeney saw the child at her mother’s, 
 and hearing the facts, embodied them into an article, and sent it 
 to the office of the Morning Post, and Mr. Greene, upon going 
 and making inquiries himself, which satisfied him, that there was 
 a good foundation for the article, published it. Shortly after the 
 appearance of this Communication in the Post, which came to the 
 knowledge of the people in Topsfield, the Trustees of the Tops¬ 
 field Academy, to contradict it, held a meeting in the Academy, 
 and brought before them a domestic in Mr. Pike’s family, of 14 
 years of age, and took her deposition, contrary to the late statute 
 against extra-judicial oaths, and upon the strength of this deposi¬ 
 tion, so unlawfully taken, and without the presence of a single 
 friend to the little girl, the trustees issued the remarkable certifi¬ 
 cate, which drew forth the second article in the Post, which has 
 been paraded before you gentlemen of the jury, as a more infam¬ 
 ous libel than the first one. 
 
 In addition to what has been stated, we shall be able to show, 
 said Mr. Wheatland, that the little girl was never permitted to go 
 to school, to church, or even to a Sabbath school, and perhaps Mr. 
 Pike had good reason for not sending her to church, for he might 
 
11 
 
 well fear that she might hear there, “ that he who oppresseth the 
 poor, is a reproach to his Maker.” But this is not all, gentlemen : 
 there are still one or two things which I feel it to be my duty to 
 allude to, however repulsive it may be to you as well as myself. 
 You have heard it read in the pleas that Mr. Pike compelled the 
 child to eat assafoztida and even her own excrement. Gentlemen, 
 this is literally true, and we shall prove it to you beyond the hope 
 or suspicion of a doubt. 
 
 Gentlemen, my brother Huntington, in his opening, told us, that 
 if we came within a thousand miles of proving the truth of the 
 facts alleged, he would hold himself bound to call his client to an 
 account before the Grand Jury. We accept the challenge ; for 
 we shall come a little nearer—aye, a great deal nearer than a 
 thousand miles to the facts charged—and I do now, and shall, hold 
 him to his promise—to the strict redeeming of his pledge to the 
 letter ; but if we come only within ten thousand miles, gentlemen, 
 we shall expect your verdict; and if we make out our case, against 
 Mr. Pike, the indignation of men must follow him here, and the 
 wrath of God, if he be just and true, will follow him hereafter.” 
 
 Testimony of the Witnesses called by the Defendants to prove the 
 
 truth of the charges contained in the Publications, alleged to be 
 
 libellous. 
 
 Mrs. Sarah Colby, [of Boston, and one of the managers of 
 the “Childrens’ Friends Society,” who have an asylum in Green 
 Street.] In 1834, in the fall, Mrs. Ploward came to me to see if 
 I could get her child into an asylum, and said that she was not able 
 to take care of her; that her age was eight years, and had no 
 father, &c.—After hearing her story, I told her I would confer 
 with another lady who was associated with me, and let her know 
 if we could. A short time after Mrs Howard applied to me, a 
 young lady called upon me to know if a child could be obtained 
 from an institution which I was connected with, to live with her 
 mother, whom she stated to be a Mrs. Pike — 1 told her we had none 
 then. It did not then occur to me, that Mrs. Howard’s child 
 would answer—I never thought of her in connexion with Mrs. 
 Pike’s application at that time—the reason Mrs. Howard called on 
 me, I suppose was, because I was visiting manager of the Institu¬ 
 tion for that month—there being twelve managers. On Saturday 
 afternoon, I called at Mrs. Howard’s residence, and informed her 
 that the managers had concluded it would not be expedient to take 
 her child into the institution at that time ; but I told Mrs. Ploward 
 to prepare Sarah for the Institution against the time when we 
 should he able to take her. On Monday, I think, it was of the 
 next week, Mrs. Howard came to me with Sarah, and having in 
 her arms another child—she appeared much distressed, and said 
 she did not know what to do with her, as her husband objected to 
 support Sarah. I told her again we could not take the iittle girl 
 
into the institution. She then asked me to take her myself,—1 told 
 her I could not take upon me such a responsibility. The mother’s 
 situation, however, interested me so much, that I concluded on the 
 whole, that I would take the child, and do what I could to pro¬ 
 vide her a place. The mother told me frankly at the outset, that 
 she would not deceive me about the child, and that she had been 
 very much exposed to vicious habits — this was before I concluded 
 to take her—she said, she thought she would require watching— 
 I did so, and kept her chiefly in my own room, under my eye—I 
 found her very handy at the needle, and she did little jobs about 
 the house with remarkable facility and neatness—being careful, 
 after being cautioned not to soil her clothes with her work, and 
 would come up to me cheerfully and show me that she had kept 
 them clean. She was a clean child, and her mother had made her 
 as clean and neat as her circumstances admitted of. Mrs. Pike’s 
 daughter called again to inquire if I had found a girl. I thought 
 it a good opening for Sarah, and referred the girl to Mrs. Howard. 
 I felt confidence in Mrs. Pike, on account of the person who had 
 referred her to me. 1 had an interview with Mrs. Howard, about 
 giving the child to Mrs. Pike—T told her how much I had become 
 interested in Sarah, and that I should always feel an interest for 
 the child While I was conversing with her, Mrs. Pike came in, 
 and the child was given up to her. Mrs Pike promised to clothe 
 her well and comfortably. I did the chief part of the talking, and 
 dont remember exactly what Mrs. Howard said to Mrs. Pike about 
 Sarah. 
 
 Cross Examined. —Mrs. Howard told me that Sarah had been 
 exposed to see vicious people, or children, in some neighborhood, 
 where she had been living—and said she was a very bad child— 
 1 felt much struck by such a remark from her mother, and I asked 
 her what she meant—she t^en gave me to understand that her 
 word was not to be relied on. In consequence of what her mother 
 had said about her, I watched her narrowly—I left little articles 
 about, and money, in places where she would be likely to see it, 
 but always found every thing in its place—her propensity to talk 
 was rather greater than common. To Mrs. Pike I stated all these 
 facts in the same manner I have now slated them. I tcld her the 
 child needed gentle, but firm treatment—that her feelings were 
 such as to require gentle treatment—her personal habits were clean. 
 The child appeared to be of an amiable disposition, and my feel¬ 
 ings had become quite enlisted for her. I recollect expressing to 
 Mrs. Pike a great deal of interest for the child—I recollect saying 
 to her, that I should be glad to hear how she got along. I dont 
 know that I asked Mrs. Pike to write to me, but I felt the yearn¬ 
 ings of a mother for the child, and expressed my desire to learn 
 how she got on several times—over and over again I believe I 
 can with perfect safety say, that I never saw anv thing vicious in her. 
 
13 
 
 hired examination resumed. —Last spring I was called upon io 
 go and see the child, which I was informed had been brought home 
 to her mother—she was very much altered—very much emaciated, 
 and pale—there was much excitement prevalent about her— I re¬ 
 called in the evening with Dr. Hint. Her feet were very sore ;— 
 one of her toes—the small one—was nearly off’;—there were two 
 very bad places under one heel, like deep gashes spread open— 
 around her ankles there were black and blue spots—she looked 
 like a sick child. As I sat and rocked her in my arms, and 
 looked upon her, it did not seem as if she could live. Her mother 
 did not say much, though she appeared to feel much, and seemed 
 much excited. Her mother appeared to be an amiable, gentle, 
 and kind woman—a woman who had suffered much affliction— of 
 an uncomplaining disposition, not disposed to overstate facts—I 
 was much struck with her equanimity, while others were so much 
 excited—the excitement that existed was not boisteious, but par¬ 
 took of a solemn character. While 1 was there, there was gener¬ 
 ally a coming and going of persons. When Mrs. Pike took her, 
 she had no sores oi: her feet. She continues feeble, but having 
 weak eyes, which are bandaged, she does not look so much like a 
 well child, as she might, if her eyes were not sore. I called once 
 at her grandmother’s to see her. 
 
 Cross examination resumed. —We did not think it expedient to 
 admit her into our institution in the first place, because our funds 
 were small, and we thought she was old enough to do something 
 for herself; and second, that as she had been exposed to vice—to 
 see vicious children, and be among them—I thought it improper to 
 have her introduced among younger children, as she might exert 
 a bad influence ; but if she had been younger, notwithstandnig her 
 supposed habits, I think we should have taken her. I understood from 
 her mother, that Mr. Howard thought it was too great a burden to 
 maintain her. Mrs. Howard has had three husbands, and Sarah was 
 the child of her first husband, and she had another by the intermedi¬ 
 ate husband, and expected to be confined again. Mr. Howard’s un¬ 
 willingness to maintain Sarah, gave her mother extra anxiety—she 
 said she was much pressed down, and found it hard to get along. 
 
 I kept Sarah in my chamber so as to be able to see what her char¬ 
 acter and disposition was—I found her quite intelligent, for a child 
 of her age, and class. 
 
 She sang a good deal. As near as I can recollect, I told Mrs. 
 Pike what I have now stated. Her mother told me 1 think, that 
 she had been living at three places. Her mother said, “ I will not 
 deceive you about the child,” at the very time she applied. 
 
 Mary F. Howard—I am the mother of Sarah Jay. —She 
 
 was eight years of age last February.—Mr. and Mrs. Pike called 
 
14 
 
 on me one evening, a little after candle light, and said they un¬ 
 derstood at IMrs. Colby’s about my having a child, that I wanted a 
 place for—we talked some time, and it was agreed that we should 
 meet at Mrs. Colby’s. I went to Mrs. Colby’s, and stopped some 
 time before Mrs. and Mr. Pike came—I cant recollect all that 
 was said—only I spoke of the motherly kindness that the child 
 ought to have to make her a good girl, and an amiable woman 
 Mrs. Pike took the child, and told Mrs. Colby she would send to 
 her and let her know how the child got along. It was in Sep¬ 
 tember. After Mrs. Pike took her, I visited her off and on—near 
 the last of their being in Boston, I called and observed that 
 the child had creatures in her head, and I spoke to Mrs. Pike’s 
 girl about it, and said it was something strange—that she was not 
 in the habit of having them, and wished her to look after it.—Mrs. 
 Pike said she calculated to bring her up the same as her own 
 children—and to give her an education sufficient to enable her to 
 keep a common school—or to put her to learn a tiade, as soon as 
 she was old enough to choose one. if she preferred a trade to 
 keeping a school. The child was in good health, and had been 
 for three years before—she was clean—I was always particular 
 about keeping my children clean. I heard nothing directly from 
 my child after she went to Topsfield, till one day two gentlemen 
 called on me, who said they were overseers of the Topsfield alms¬ 
 house. and told me my child was in the alms-house, and had been 
 there a week—one brought me a letter from Mr. Pike, he said—I 
 was so agitated that I could not read the letter, and carried it to 
 Mrs Sweeney to read it for me. The gentlemen asked me what 
 they should do with the child—I told them I wished to have her 
 brought immediately home—this was on a Wednesday, and she 
 come the next Monday, which was the 27th of April. 
 
 The child was very weak, very feeble, and very cold.—she 
 could not raise herself up strait, as she was in the habit of stand¬ 
 ing—she was so poor, that her bones showed through—her hip 
 bone cut through the skin so as to make a sore of the size of a 
 fourpence. On her little toe there was a small dead lump like 
 dough, which came off after a few days, and left nothing like a 
 toe—there were bruises on her body and like the blows from a 
 stick. I poulticed her feet. She was so sick that I had to lift her 
 out and into bed like an infant.—The next day Doctor Flint came, 
 and gave me some ointment for the sores on the child’s feet and 
 hands—Dr. Jackson and Dr. Strong also came—Dr. Shattuck 
 prescribed for her—I did not send for either of those gentlemen— 
 I sent for a physician, but he did not come—I dont recollect his 
 name—For a fortnight after she returned, I had to take her out 
 and in bed, like an infant.—The house was constantly filled with 
 people coming to see the child. Her stomach was very weak, 
 and she threw up every thing she ate at first—but had a great ap¬ 
 petite. 
 
15 
 
 [Mrs. Howard here exhibited the articles worn home by Sarah, 
 viz . a blue check gown, short sleeves; green shawl, loose net¬ 
 work, that peas might be shot through ; shoes long enough for a 
 woman, and down at the heel. She wore home the same bonnet 
 and petticoat she wore away.] Testimony continued—“ The 
 weather was clear and pleasant, but very cold, for the season. 
 She had a change of linen when she went away—two old calico 
 gowns—one apron—one tyer—new pair of leather shoes, but I 
 dont recollect about her stockings. I offered her a cloak, but 
 Mrs. Pike thought I had better keep it for my other children, and 
 said she would provide her with one. She had no change of cloth¬ 
 ing when she returned—no bundle—nothing at all. Mrs. Pike 
 •spoke to me about binding the child, butlobjected. Mrs, Pike said, 
 if the child was bound to her, she should be obliged to take care 
 of her in health and sickness. I said if she was sick I should 
 choose to take care of her myself; and if Mrs. Pike should become 
 dissatisfied with her, she would not be able to take care of her as 
 well as she did her own, because it would not be natural. Af¬ 
 terwards I made inquiries about the nature of binding, and when 
 she spoke of it again, I said the child might be bound.—When 
 she came home, her head was filled with small lice—her hair was 
 knitted, and in some places worn off, and cut off short.—There 
 were bald places on her head—I didnt think she would live a 
 week, and that was the opinion of a number of others. Previous 
 to going to Mrs. 1'ike’s, she was at Mrs. Colby’s, waiting till an 
 opening was found in the institution. 
 
 She limped a few days before she went to Topsfield—[ asked 
 the oldest girl if Sarah’s feet were sore, and she said they were 
 with chilblains. Two seasons before, while she was living with 
 Mrs Roff, she was troubled with chilblains, and I told her to 
 put some cold cream on them, and I never heard of any trouble 
 afterwards. Her feet were perfectly well when she went to Mrs. 
 Colby’s. She also lived with Mrs. Shepard, at Charlestown. All 
 classes called to see my child—some of the most respectable ladies 
 in Boston. I dont recollect how long she was with Mrs. Pike 
 before they went to Topsfield.- She went to Mr Pike’s on the 
 24th of September. 
 
 She told me that her feet become sore by cold. 
 
 [.Mr. Choate objects to the admission of the child’s declarations, 
 as evidence. Mr. Saltonstall contends for them, on the ground, 
 that they would go to show, that Mr. Greene had not acted mali¬ 
 ciously, in publishing the libellous article, and quoted a passage 
 from one of the pleas, in which it is alleged, “that her feet were 
 frozen, as she says, for want of bed clothes,” and therefore the 
 defendants had a right to prove what she said. The court thought 
 the defendants might put in her declarations, to rebut the idea of 
 
16 
 
 malice, and as part of the res gesta, but would reserve the point 
 lor further consideration.] 
 
 Mrs. Howard resumes—“ The child said she had not had suffi¬ 
 cient food—that they gave her cold Indian meal and water, and 
 sometimes potato skins, and mouldy mince-meat. She said she 
 slept on a straw bed on the floor, in an upper room with Sarah, 
 the other girl [Sarah Knowlton ] Mr. Greene called to see the 
 child in the course of the first fortnight. 
 
 Mr Salt on \tall —Mrs Howard, do you know who wrote the ar¬ 
 ticle which appeared in the Post respecting your child ? 
 
 Choate —Stop Mrs Howard—we objeci to that question as im¬ 
 material ; for it is no justification to the defendants that another 
 person wrote the article. 
 
 Court —The defendants are responsible, and the question is 
 is therefore immaterial. 
 
 Saltunstall —We contend that under the Statute of Justification, 
 the fact would go to show that the delendant had no malice—we 
 wish to show that another person wrote the article at the request 
 of the mother, and thus will go to rebut malice. 
 
 Court —1 think it may be admitted for that purpose. 
 
 Choate —This in our view would be on overruling the whole 
 series of decisions, together with Alderman vs. French in which 
 it was expressly decided, that nothing but truth is a defence; that 
 the defendant was mistaken will not even mitigate under the gen¬ 
 eral issue. 
 
 Saltonstull —I understand that under the statute of 1820, we 
 have the full advantage of both pleas—the general issue and justi¬ 
 fication. The case of Alderman vs. French upset the whole 
 series of cases before made, and it was on account of that very 
 decision, that the statute was made. In the case in 5th Pick, it 
 was held, that no general issue having been pleaded, the defendant 
 could not avail himself of mitigating circumstances, and it there¬ 
 fore implied, that if he had pleaded the general issue, that the evi¬ 
 dence might have been received. 
 
 Choate —It has always been held that under the general issue 
 the truth cannot be given in evidence to rebut malice—the Slat- 
 ute in this respect has not altered the Common Law. 
 
 Saltonstall —The present is like any other action of tort. The 
 defendants may show any thing, under the general issue, as part of 
 the res gcsla, which goes to show how much damages ought to be 
 recovered, precisely as if no plea in justification had been made. 
 We do not propose to show who the author is as proof of the 
 truth of the article, but that the defendants did not publish it ma¬ 
 liciously, and that they did it under suchjand such circumstances ; 
 and that though the defendants failed to prove its truth, they 
 might still show in what manner the publication happened. 
 
17 
 
 » 
 
 The Court proposed to take the papers and books containing 
 the authorities referred to, for the purpose of examining this ques¬ 
 tion, and the other respecting the girl’s declarations, and an¬ 
 nouncing its opinion in the ensuing morning.] 
 
 Cross examination of Mrs. Howard. —I have a record of the 
 child’s age in my Bible—she was eight last February—I never 
 said she was nine, or that I did not know how old she was. 
 The day she started for Topsfield, I went into Mrs. William’s 
 chamber, and had a conversation with Mrs. Pike. She first pro¬ 
 posed to have the child bound, and set several times to have the 
 indentures ready—I never heard that there was any objections 
 on the part of any member of Mr. Pike’s family to taking Sarah— 
 I told Mrs. Pike that the child had a weakness in her infancy, 
 and that if she ever exhibited any effects of it, to attend to it and 
 she said she would—and I mentioned to her about the chilblains. 
 
 1 represented to Mrs. Colby, that the child was not with me, 
 when 1 married my present husband, and he never expected to 
 have to maintain her; I said my husband was quick and would 
 sometimes .throw out remarks which were very disagreeable. He 
 was very partial to another child of mine, more so I think than to 
 his own. Mr. Howard is my third husband—-Sarah’s father 
 went away insane, and never came back—1 do not know that 
 he is dead, only from what I read in a paper. It is true, that 
 I told Mrs. Colby, that my children had cried themselves to sleep 
 for want of bread. The Overseer brought a letter from Mrs. Pike, 
 but I burnt it immediately as soon as it was read to me. I spoke 
 to Martha Pike and Mrs. Pike about the creatures in Sarah’s 
 head, and said it was unusual. Sarah was 4 years old when she 
 went to Mrs. Shepherd’s. Mrs, Shepherd’s husband died, and 
 being left a widow, she could not maintain her any longer. 
 
 I told Mrs. Pike that very frequently Sarah would commit little 
 faults, and tell wrong stories about them—I said she was hard to 
 govern, and had a bad temper, providing she had more than one 
 master—I said she needed a steady hand, and wished Mrs. Pike 
 to see to her herself. I was not particularly anxious to have her 
 go to Topsfield—After she had gone, I regretted very much that I 
 allowed her to go so far from me. I told Mrs. Pike I expected to 
 be confined. Sarah came home about 12—she was alone—it was 
 a very cold day, and I kept a fire all day. The first words she 
 said were —“ M’a dont beat me—and dont let father beat me.” 
 I sent for a Physician, but he did not come—I cant think of his 
 name now. Her entire feet were running sores—that is, the 
 lower parts of both sides—the upper part of the toes of one foot 
 was sore. I did not represent to any one, that all her toes were 
 like her little toe—I said a good many of her toes had similar 
 sores. The child often had a quarter of a dollar or a nine-pence 
 given her. She was not able to go out for six weeks or more. 
 
 O 9 
 
y 
 
 18 
 
 Dr. Strong was her first Physician—he saw her three or four 
 ti mes —D r . Jackson came after Dr. Strong—I did not send for 
 either—I did not represent about the child so fully to Mrs. Pike 
 as I did to Mrs. Colby—I told Mrs. Colby many things that I 
 had heard from hearsay—that she had played with some children 
 in the yard at indecent plays, while I was sick—I was sick a fort¬ 
 night. I told Mrs Colby that Sarah was a bad child, but 1 
 did not mean any thing great. I only meant that she required 
 watching. I lived in that yard three or four months—Dr. Flint 
 came the second night after she arrived, and gave some ointment 
 for her feet—Dr. Strong came next—Dr. Strong came on a Mon¬ 
 day, and I believe Dr. Shattuck the Sunday after. Mr. Greene 
 came before Dr. Shattuck. I knew from Mr. Howard and the 
 child, that he furnished her with ointment for her feet before she 
 went to Topsfield—she limped considerably with one foot. Be¬ 
 fore Dr. Strong came, I thought the child could not live a week. 
 The second day people came in to see her—and talked in the 
 room in her presence, and some gave money to her—I received 
 small presents for my children. She had a very craving appetite, 
 but I did not gratify it. Mrs. Sweeney saw the letter before it 
 was burnt—no one advised me to burn it. 
 
 Mrs. Colby re-called — the first time 1 called I did not see the 
 child’s feet—in the evening I called with Dr. Flint—he uncover¬ 
 ed the foot—I thought at first, when I looked at it, that half of 
 the foot was off. By “ firm treatment,” when I spoke to Mrs. Pike, 
 I alluded to the talkative, lively disposition of the child—I list¬ 
 ened to but little that she used to say, and of course did not charge 
 my mind with what she did say. When I first saw Mrs. Howard, 
 it was in a respectable looking place and so were all its appur¬ 
 tenances, but being in the third story was uncomfortable. 
 
 [Here the child was called to exhibit its foot, &.c. to the jury, 
 and the scars on her neck and shoulders. One joint entirely gone 
 from the little toe of the left foot.] 
 
 Dr Joshua B. Flint —I went at the solicitation of my friend 
 Mrs Colby, to see the child—I found her feet affected with ulcers 
 in several places—the principal one was on the outer edge of the 
 left foot—I recommended ointment to be applied till the physician 
 sent for came. The little toe was implicated in the ulcer—about 
 half of the toe—it might have been from chilblains, or from being 
 frozen—I have no means of determining—such cases have been 
 from neglected chilblains. The ulcer had the appearance of not 
 being recent, but of long standing. She was very much ema¬ 
 ciated, and of a sickly appearance in every point of view. I 
 should .have thought from her appearance, that she was suffering 
 from chronic disease, or from hardship. Chilblains are produced 
 by alternations of cold and heat—generally they are not attended 
 
19 ^ 
 
 with a rupture of the skin—freezing is. [Dr. Flint examined the 
 child’s foot before the jury, and resumes]—one joint is gone from 
 the toe—I never saw such a case from chilblains—hare read of 
 their becoming so from irritating influences. 
 
 Cross Examined —There is only one thing that leads me to 
 the conclusion, that she was neglected—there were black marks 
 around her ancles, which led me to ask her if she had not been 
 
 tied by the legs, and she answered that they-[Dr. F. was 
 
 not permitted to state what she said.] I should have thought her 
 ankles had been tied, if she had not told me something which 
 led me to think it was not so. Stockings continually wet with 
 urine would be an irritating influence—next to pressure, in ef¬ 
 fect. Vicissitudes of heat and cold are the general producing 
 cause of chilblains, and this is the reason why the children of the 
 poor are more subject to them—and any exposure to snow water 
 would aggravate them—also walking on them. I did not con¬ 
 sider the ulcers scrofulous. Should think India rubbers good for 
 them, if not too tight; if they fitted snug they would not be 
 good—for common chilblains, stimulant applications are good. 
 
 Dr. Jackson. —Dr, Strong called on me to accompany him 
 to see the child, with reference to inquiring if she was in consump¬ 
 tion—I found her emaciated and fretful—with the appearance of 
 having a chronic, organic disease. The conclusion to which we 
 come was, that there was no evidence of any settled organic 
 disease. The great local disease was in her shoulder, and foot—- 
 I cannot say positively that I examined the feet. She complained 
 when any joint was handled— and exhibited considerable irritation 
 both mental and physical. 
 
 Cross Examined. —Did not use the stethoscope to ascertain the 
 the state of her lungs—did not discern any disease in the shoulder, 
 she exhibited nearly or quite as much irritability when her other 
 joints were examined—she manifested uneasiness at being moved— 
 our examination lasted about twenty minutes—I never read of a 
 joint being lost by chilblains—I know of no reason, why an ulcer¬ 
 ated chilblain located on the toe should not remove the joint. 
 
 Mr. Choate. —You speak, Doctor, of her complaining as much 
 when one joint was handled as another—did it occur to you, was 
 it your impression, from any thing you saw in her or about the 
 house, that she was making all these appearances of great bodily 
 pain 1 
 
 Mr. Saltonstall objected to the question entirely—it was asking 
 the Doctor to express his opinion upon a subject that was . not 
 medical, and upon a point that had never been suggested before. 
 
 Choate. —We contend that a physician is a competent witness 
 to answer the question—I mean to argue to the jury, that this 
 
20 
 
 case is one of imposition from the beginning to the end to create 
 an excitement, awaken sympathy and extort money from the num¬ 
 ber who visited her at her mother’s. [See the testimony of Miss 
 French, Dr. Strong, Mr Saltonstall’s argument, and Judge Put¬ 
 nam’s Charge.] 
 
 Dr. Jackson answers. —My opinion was, that the child was too 
 sick to play a part.—It is not very rare for children of her age to 
 be unable to retain their urine—paralytic affection may produce 
 inability to retain the denser matter contained in the bowels—saw 
 no appearance of paralytic affection—voiding of urine would in¬ 
 crease the irritation of chilblains. 
 
 Wednesday, Nov. 25. 
 
 His Honor Judge Putnam, upon taking the Bench, this morning, 
 observed, that since the adjournment last evening, he had had un¬ 
 der consideration, and had examined the authorities, upon the 
 question of the admissibility of Sarah’s declarations, and had come 
 to the conclusion, though the plea alleges that she said so and so, to 
 exclude them; his Honor had also come, to the determination to 
 exclude the evidence to show that Mr. Sweeney was the author 
 of the communication, at the request of the mother. He was de¬ 
 cidedly of opinion, that such evidence was inadmissible under either 
 plea—the general issue, or justification. 
 
 Rev. Thomas Whittemore. —I have seen Sarah B. Jay,—saw 
 her about three weeks after she was brought home, at her mother’s 
 house—went at the repeated solicitation of several gentlemen— 
 the mother showed me the child’s head, and asked me if I wished 
 to see her feet—I said if it was not improper, I should—when she 
 proceeded to remove the stockings and bandages, the child suppli¬ 
 cated her not to—but the mother persisted, and I perceived the 
 feet to be diseased up as high as the ankle—she seemed sickly and 
 emaciated—her hair shaven off closely, as if from some applica¬ 
 tion—generally quite close, but unevenly. The mother seemed 
 an exceedingly tender mother, and appeared to be a neat woman. 
 
 Rev. Thomas Norris. —Sometime in April last, saw the child— 
 she appeared to be in spasms—she looked out two or three times, and 
 begged that I would not give her up to her master—her hair bald, 
 and some places shaven close—the child was laboring under 
 nervous excitement—her appearance was deathly—her bones and 
 sinews seemed as if they would come through—the bones of her 
 arms and ankles stood out in view. Feet all over in a state of in- 
 flamation—one foot much worse than the other—the little toe 
 dead—there were several other people there—I called several days 
 successively—her mother took good care of her. 
 
 John D. Sioeeney [author, of the communication]—I knew Sarah 
 
21 
 
 B. Jay—her mother hired a room of me in Myrtle Street—I came 
 home one dinner time and found my wife crying- 
 
 Mr. Choate. —You need not tell us about your wife’s crying— 
 What did you see ? 
 
 Sweeney. —The child was emaciated, and sick—and much de¬ 
 bilitated generally—her hair shaven off close—continued emaciated 
 for some weeks—she had the appearance of having suffered con¬ 
 siderable hardship. 
 
 Cross Examined.—I warned them out, and I warned all my 
 tenants out, because I wanted the room—they did not pay all the 
 rent—the rent was seven shillings a week—I cant tell how much 
 of the rent was not paid—I never sued for it. Mr. Howard is a 
 revolutionary pensioner, or a pensioner of the last war—he sticks 
 up bills—they have three children—one a small one in the arms— 
 
 I never knew Mr. Howard to be intemperate—I’m an Irishman— 
 a coppersmith. 
 
 Mrs. Sweeney —I saw the child when she first arrived, on the 
 27th of April—I was the first person that saw her in the Stage 
 alone—she was very feeble—I had to support her, to keep her 
 from falling in the entry—there were marks on her legs—the 
 flesh was swollen over her garters, so that they were dented into 
 her legs, and left a very deep mark when they were uncovered— 
 had on a short sleeve frock, pink silk bonnet, shawl, and boy’s 
 slippers—She was entirely destitute of flesh—one spot on the hip 
 where the bone was through—her arms were but little bigger than 
 my thumb—on her feet three large sores—on one heel, one on 
 a big toe, and a little toe one continued ulcer—I think it was 
 on Election day, that she went to her Grandmother’s—she had 
 been in my room once before she went to her Grandmother’s— 
 her mother took as much care of her as any one could take 
 of a child. People called from morning till night for a fort¬ 
 night—I saw no sham—I dont think she could have counter¬ 
 feited—her spirits would sometimes come up a little, but they 
 would soon go off and she would lay her head down. 
 
 Cross Examined —She did not play in the street, before she 
 went to her Grandmother’s—she might have crossed over—Mr. 
 Howard and his family were quiet people,—never knew of any 
 improper conduct. 
 
 Charles G. Singleton —On the second day saw the child at re¬ 
 quest of my wife—she was much emaciated—her appearance was 
 frightful—her hair all stood erect. 
 
 Mrs. Sarah Davis —Sarah is my Grand-child—her father has 
 never been heard from since she was a fortnight old. Before she 
 went to Topsfield, I went with her mother to Mrs. Pike’s—I heard 
 
22 
 
 a conversation between Mrs. Howard and Mrs. Pike relative to 
 bringing up the child—Mrs. Pike offered to educate her so that 
 she might be able to get her own living in the way best suited to 
 her constitution and convenience when she came of age—she said 
 she wished to have her kept comfortable, and would endeavor to 
 keep her so—would do as well by her, as she wonld wish any body 
 to do by one of her own children, if they took one of her own 
 children to bring up. If Sarah was sick, or any dissatisfaction 
 on either side, she was to be sent home to her mother—Mrs. Pike 
 said so. Sarah’s health was good—her habits were the same as 
 other children of the same age. I saw her the next day after 
 her return to Boston—the flesh was bare on the hips—she came 
 to my house on Election day—her father-in-law had to lead her— 
 she laid on the sofa all day—she staid a fortnight at my house— 
 the day after she returned to Boston, she had lice and nits in her 
 head—I did not think she would live a week when I saw her 
 first—Mrs. Howard’s first husband went away in a state of in¬ 
 sanity. 
 
 Nathaniel Perley —saw Sarah B. Jay in Topsfield, in October 
 or November—her appearance was like that of any other girl— 
 I was one of the Overseers of the Poor—in April Mr. Pike came 
 to me, and said he had a girl living with him, and did not know 
 but what he should have to send her to the Alms-house—he said 
 she behaved so bad, he did not know what to do with her. He 
 came again and said we must take her—said his wife could not 
 stay in the house with her another night—said he had been trying 
 several weeks to get her clean and neat to send her to Boston—I 
 gave consent to have her carried over to the Alms-house, and 
 gave notice to the other Overseers—they went to see Mr. Pike 
 about the child, and were opposed to keeping her—Mr. Pike di¬ 
 rected me where to find her mother—and gave me a letter from 
 Mrs. Pike to her, and asked me to carry it—I went to Boston, on 
 a Wednesday, and found her in Myrtle Street—I directed the 
 superintendant to take the girl to Mr. Pike’s on Monday, when 
 she was sent to Boston in the stage. 
 
 Cross Examined —Mr. Pike said her habits were very bad— 
 dirty—could not keep her clean—that she would foul her bed, the 
 rooms, and his study—that when he asked her why she did so, 
 she would say because she was a bad girl—that Mrs. Pike had 
 made herself sick in trying to take care of her. When I saw 
 Mrs. Howard she said she was sorry Mrs. Pike could not manage 
 the child—she said she was sorry she was obliged to take her 
 home, but would rather have her home than in the Alms-house. 
 Pike’s own children used to come out with bare arms when the 
 weather was pretty tough—I saw her start in the Stage inside— 
 the night preceding it froze, but when the Stage came it had 
 thawed.—She was in the Alms-house eight days, I think. 
 
[23 
 
 Zacheus Gould\ one of the overseers of the poor]—I saw 
 Sarah B. Jay at the alms-house on the 24th of April—she was 
 very sickly and feeble—her feet were wrapped up—it seemed to 
 hurt her to walk—I believe she was taken in on the 15th, and 
 taken out on the 27th—-dont know certain—I did not see her 
 till the Tuesday after she came—On Wednesday we went to see 
 Mr Pike at the Academy—our impression was that we had noth¬ 
 ing to do with her. We asked why he did not take her to Boston, 
 where she belonged—he said she would be a State pauper there, 
 and he had no right to take her there—he refused to take her 
 out—said he could not be at any further trouble or expense about 
 her—said again that he had no right to carry her to Boston 
 to become a State Pauper, any more than in Topsfield—he said 
 she had got herself reduced by her bad habits and will—he said 
 he was really afraid she would die on his hands. Mr. Pike said she 
 had no other clothing, but what she had on—and said he had taken 
 her destitute and should return her so—that he would speak to Mrs. 
 Pike, and if there were any articles belonging to the girl he would re¬ 
 turn them. There was considerable feeling among the towns-peo- 
 ple about his turning her on to the town, to be allowed only 28 cents 
 a week for keeping—for taking into consideration her alleged hab¬ 
 its, it was worth ten times 28 cents. Mr. Pike thought it was none 
 of the people’s business to enquire about the alms-house, or who was 
 in it—he did not see that they had any thing to do with it—the 
 people in Boston did not concern themselves about such things. 
 I told him that there was a difference between Boston and Tops- 
 field, which being a small place, the expense were felt more. 
 
 At this time, Mr. Pike gave me a more particular account of the 
 girls filthy habits—ahd said, that he told her if she kept leaving 
 such nastiness about the house he did not know but that he would 
 make her eat it. The very next day, he said he found some in his 
 room, or study. He then told her to take a piece of the excre¬ 
 ment and put it into her mouth—that she did so, and kept it in 
 her mouth, and he didn’t know but what she would have swallow¬ 
 ed it, if he had told her to.—He said she seemed to be destitute of 
 all taste or feeling. That she put it into her mouth without re¬ 
 luctance. I think he said this was about a fortnight before she 
 went to the Alms-House—Mr. Pike said he had a consultation with 
 Dr. Cleaveland, to know what would break her of her bad habits, 
 and they had come to the conclusion, that it might have a good 
 effect to make her eat some assafatida —that he had been given 
 to a boy who was greatly given to lying—he said he gave her some 
 pills of assafcetida—she took them into her mouth—he said he 
 told her she must chew and swallow them, and that she did so as 
 readily as if they were sugar plumbs. When he said he had been 
 trying for four or five weeks to get her decent, I replied—that 
 I did know why, if what he said was true, she was not as decent 
 at one time as another. 
 
24 
 
 Joseph Bachelder —one of the overseers—heard the same 
 description of the child’s habits—heard Mr Pike say he 
 threatened to make her eat her own excrement—said that 
 afterwards he did tell her to put it into her mouth, and she 
 did so, and held it there—I dont remember whether he said he 
 told her to spit it out; [the same as to the assafoelida.] We tho’t 
 it rather a hardship to have to take care of such a girl. 
 We told him, if he did not like the girl, he ought to carry 
 her back. We thought he was telling us these things to 
 make us take the child. He said Mrs Pike was worn out, 
 and that Mrs- Bradstreet, a tenant, complained. 
 
 Mrs. Bowditch —used to wash for Mrs. Pike in Hancock 
 street—I heard Mrs. Howard say to Mrs. Pike, that she 
 was to return the child if there was any dissatisfaction on 
 either side—if either on ’em didnt like—that was the bar¬ 
 gain. I saw the little girl about Mrs. Pike’s—she used to 
 scour knives, and wash potatoes, dishes, and her own 
 clothes—I was told not to wash her clothes, nor the other 
 girl’s—»he was very dirty—Albert Pike, the son, would box 
 her ears, and the other girl’s—they would cry—I told Mar¬ 
 tha Pike of it—but she would not believe me, and I said no 
 more about it—Albert would sometimes take the cat and 
 throw upon her, which I thought very wrong—she did every 
 thing she was directed to—Martha Pike had the principal 
 charge—the conversation between Mrs Howard and Mrs. 
 Pike, was about a week before going to Topsfield. Mrs. 
 Howard did not seem to wish to have the child bound, till 
 she ascertained how she was to be treated. 
 
 Cross Examined —Mrs. Howard said to me, that she 
 thought it was a nice place—I did not say it wasnt—I be¬ 
 lieve she was there about binding the child once—Mrs. Pike 
 was confined up stairs sick at the time of Albert’s throwing 
 the cat on to the little girl. If there was any disagreeing 
 on any side, the child was to be sent home—Mrs. Pike 
 said she should be sent home, if there was. 
 
 William E. Kimball —lives in Topsfield—had seen the 
 child at Pike’s. 
 
 Aaron Averill —saw her at Pike’s door, one Monday 
 evening in February—Mr. Legg was with me—she was 
 very nasty and dirty indeed—she came to the door with a 
 
25 
 
 candle—-Legg said she looked worse than any Southern 
 slave—her face was very dirty. 
 
 William G. Legg —remembered the time Averill referred 
 
 —remembers saying she looked worse than any Southern 
 slave—I should think the dress examined yesterday was the 
 same that she had on, when 1 saw her. 
 
 Mr Norris was re-called to explain an immaterial point 
 respecting the Setter received from V'rs Pike. 
 
 Mrs Howard, re-called—t have never stated that Sarah 
 come home without a shirt or stockings—Mrs. Colby gave 
 her a gingham tyer, and a yellow shawl. When she went 
 away she had a change of linen, but came back without. 
 
 Joseph Mead —[keeps West India Goods store in Myrtle 
 street]—the child was the most miserable and emaciated ob¬ 
 ject 1 ever saw—there was no flesh on its bones—running 
 sores on its feet—and finger very sore—after a fortnight, 
 she appeared to be better—saw her three or four times—■ 
 her head looked as if it had been sore—the hair seemed to 
 have been gouged out—little scabs ori the head. Her 
 mother took good care of her. 
 
 Cross-ex .—I do not recollect inviting a Miss French to 
 call and see her. People would oftdn come into my store, 
 and ask me about the child, ancf I would say to them, that 
 they had better go and see her themselves. 
 
 Humphrey G. Hubbard —lives in Topsfield—saw Sa¬ 
 rah at the pump one of the coldest days last winter—she 
 was at the pump five minutes or more—and had on a j-hort- 
 sleeve gown, and head and arms bare 1 thought it remark¬ 
 able, to see so small a child out in that manner—she was 
 trying to pump water ; there was something the matter 
 with the pump, and she could not bring the water. 
 
 Cross-examined —I should think it vtfas in January, in 
 the latter part, and about one of the coldest days—At that 
 time I mentioned the circumstance to Mr Perley—I was 
 within a rod of her, but I dont recollect whether l looked 
 over my right or left shoulder, at her. 
 
 Abraham Pierce— [the same as Hubbard, as to the pump, 
 in coldest wealherj—had a pair of old shoes on, not suitable 
 —with holes in her stockings, or else they were darned 
 with white yarn—l did not perceive that she walked lame } 
 
 4 
 
26 
 
 once saw her going from the house to the back house, and 
 one of the boys told her to go faster—she said she couldnt. 
 and he pushed her along 
 
 Cross-examined —the old shoes were too large for her 
 f Pe t—it made so much impression on my mind, that 1 re. 
 membered it when l got home. 
 
 Sally Phillips —lived in Topsfield, near Mr. Pike—at my 
 sister’s—In December saw Sarah B. Jay at the pump—had 
 on gingham gown—bare arms and head—her shoes badly 
 worn—her feet were exposed on the ground, which was 
 covered with snow ; saw her several times a day. One 
 forenoon. I saw her at the pump six times, in ihe cold 
 weather; she appeared to do it with great difficulty ; 1 have 
 seen her with two buckets at a time. I spoke of it to a 
 number at the time. 
 
 Cross examined —1 saw her one time when 1 was in the 
 street, and at other times through my sister’s window. It 
 was in December, that I was in the street and saw her ; I 
 turned round and looked at her ; I paused ; 1 was not more 
 than a rod from her ; she was pumping water ; she started 
 from the pump, as I stopped ; she went lame some ; I know 
 her stockings had holes in them, when I stood looking at 
 them ; I saw her naked toes ; as she turned from the pump 
 she faced me ; her toes passed through the leather ; the 
 weather was cold ; and some snow on the ground. What 
 made me so particular was, I thought it was too much for 
 her to do. [Several irrelevant questions were put to this 
 witness about her mother’s death, kc. but becoming faint, 
 her further cross examination was suspended, and she re¬ 
 tired from the court room, and was not again called to the 
 stand.] 
 
 Dr. Strong —[of Boston] ; called on Sarah B. Jay on 
 Saturday afternoon, after reading the article in the Morning 
 Post ; it was the first Saturday in May; I had procured a 
 girl for Mr. Pike, and did not know but this might be the 
 one, and I thought I would see about it ; I found her lying 
 in bed ; her stomach and bowels were very much deranged, 
 I am satisfied ; 1 could not help being struck with one cir¬ 
 cumstance which appeared to me to be very remarkable : 
 when I first attempted to examine her, she manifested the 
 greatest symptoms of suffering, but all at once they sub- 
 
27 
 
 sided, and she submitted quietly; I really thought it some- 
 thing very singular; I was unwell, and did not make much 
 examination, the first time ; she had some cough ; I asked 
 Dr. Jackson to go with me the second lime; we were 
 obliged to use percussion ; she complained a good doal, but 
 after the first got over it; the mass of the disease was in the 
 abdomen, and I thought the liver was enlarged ; stomach 
 and bowels very much disordered ; her feet laboring under 
 ulceration from chilblains; the feet had not been frozen; I 
 have seen limbs which had been frozen, and there is a red- 
 ness, and swelling and extreme tenderness; but in this case 
 there were none of these appearances, but simply chilblains. 
 Upon stripping her, found no marks of bruises. I supposed 
 the child was sick in the ordinary Providence of God ; I 
 have never seen a child with chilblains so bad before; 
 they are very painful before they ulcerate; I have known 
 them to lay people up. I thought she had a scrofulous tem¬ 
 perament, or habit; In such habits, the local health cannot 
 be restored until the constitutional health is established; 
 there is an appearance of the skin by which we judge of 
 a scrofulous temperament. The feet would have contra¬ 
 dicted all my experience, if they had been frost-bitten ; 
 I thought the child required an alterative treatment; 1 saw 
 nothing from which I should infer bad treatment; I think I 
 have seen cases, generally resembling this, where there has 
 been the kindest treatment. There is nothing more irritat¬ 
 ing to chilblains than urine. I went there with the deter¬ 
 mination of not hearing what was said; I did not give Mrs. 
 Howard to understand what 1 thought of the child’s state; 
 I answered her inquiries as vaguely as I could ; I told her, 
 I think, that the sores on the feet were from chilblains. 
 During the time I was attending her, I was myself taken 
 down with the variolid, and was attended by Dr. Shattuck, 
 and often thought of asking him to attend to the child, but 
 it always slipped my mind, when he was present. I was 
 finally taken down to Rainsford Island. 
 
 Dr Shattuck —[of Boston, called by the plaintiff] 1 had 
 heard, that a child had been abused, and was asked to go 
 and see it, but 1 refused to go until I recived a letter from 
 Mr Pike, to visit it ; I went In consequence of the popu¬ 
 lar rumours, hot and strong, that were raging like an all- 
 consuming fire over the reputation of the poor Schoolmaster, 
 
28 
 
 Master Pike, as we used to call him twenty years ago, I 
 thought the best refutation of the calumnies that were over¬ 
 whelming him, would be to set the poor cripple to walk ; and 
 1 verily believed that when the little cripple was seed 
 Walking about, the rumours so disadvantageous to my friend 
 .Mr Pike, would die away like a nine days’ wonder. I 
 first examined the feet, which I expected to find in a bad 
 state, and found that they seemed to have been affected with 
 cold, and there was a sore on the little toe ; but there Was 
 deep disease in its stomach and bowels, compared with 
 which the,sore feet, or the loss of a toe, would be but as a 
 drop in the bucket* There was deep disease in the abdo¬ 
 minal viscera, which required the most active and expensive 
 medicines, and the best skill of the physician. Heats and 
 colds are the exciting causes of that disease. There was 
 nothing associated with the appearances, to indicate abuse, 
 at the time I saw the child. 1 think it was two or three 
 days after Dr. Strong’s last visit that 1 saw her first. She 
 was then labouring under deep disease of a chronic charac¬ 
 ter ; it was evidently a case of deep-toned suffering ; there 
 Was great morbid irritability ; her legs were thin—spare $ 
 and she was very much emaciated. I have attended Mr 
 Pike’s family, at different times, in Boston ; I cannot say 
 how often, for the instructor of youth and the preacher of 
 the Gospel, f never made a mark against from the first day 
 1 commenced the practice of my profession. Alternations 
 of heat and cold are a sufficient cause of chilblains ; I pre¬ 
 scribed for her feet creosote , so called from the Greek, and 
 s gnifying flesh-healer . I inquired into the disease of her 
 father, and I’m quite sure her mother told me that he died 
 of a scrofulous consumption. I could not judge how long 
 she had been sick. 
 
 Cross examined. 1 usually saw the child in bed. I con¬ 
 sidered its diseased feet as trifling, compared with its deep 
 seated disease in the abdominal viscera. I considered its 
 life in danger, and as I before observed, she required the 
 best medical advice. 
 
 [The close of this day was taken up by a further ex¬ 
 amination of witnesses respecting Mr Pike’s character as 
 as a schoolmaster .—Sec page 9.] 
 
29 
 
 Thursday, JYov. 26. 
 
 Witnesses called by the Plaintiff to rebut the Testimony in¬ 
 troduced by the Defendants to sustain their charges against 
 
 Mr Pike. 
 
 Mrs GW Zr?—wife of the keeper of the Topsfield alms¬ 
 house—‘Sometime last year, Me Pike brought Sarah B. Jay 
 to the alms-holise—Mrs Pike and a little boy came with 
 them—was comfortably clad—bad a factory gingham gown, 
 short sleeves, white woollen stockings—a woollen skirt, a 
 Warm one—shoes good, but run down to heel—and a good 
 shawl.—She looked pale, and was not fleshy—the child 
 was pleased—we have feather beds, coffee in the morning, 
 maet at dinner, milk at tea. The girl was lively and low 
 alternately—would be playing with the children, and all at 
 once, would be down sick—she often wanted to sing. Pve 
 seen sorer feet before. 
 
 Cross-examined .— I furnished her shoes that kept up at 
 the heel—I furnished her a change of linen—Mr kike left 
 uo clothing for her*—the nail part of her little toe was gone 
 '—the others were sore. When she left the almo-house, I 
 put on her old shoes. 1 never washed her feet, but I fur¬ 
 nished her with warm soap-suds to wash them with herself— 
 I took off the cloths, and put them on again for her—I 
 Would ‘ometimes stand by and see her wash them in the 
 warm suds, but put nothing else on them—no ointment. 
 At times she appeared as well as the other children, then 
 she would say she was sick, and complain of her stomach, 
 and 1 would give her molasses and water. She said she 
 was sick, but 1 think she made it, because if she had been 
 sick she could not have eaten as she did, and played. At 
 first I 1 bought she was sick, and gave her the molasses and 
 water, but afterwards I did not give her any. I did nothing 
 for her in consequence of her complaining of being sick 
 She would, after playing in the kitchen, come to me, and 
 ask to sit in my room, because she said the children made 
 too much noise in the kitchen. I did not allow her to sit in 
 my room when she asked to. Once or twice she sat there, 
 when she did a little sewing for me, but not at any other 
 time. She would play for hours, and then in a few minutes 
 would be asleep—she had rags on her feet when she came, 
 and I put on other ones. She wet them two or three times, 
 and dirtied her clothes once. There were lousy people in 
 
the alms-house—1 combed her head, when she first came, 
 but found no lice upon her, 
 
 Thomas Gould —[keeper of the alms-house.] She had 
 a cloak, when Mr Pike brought her, which he carried back 
 — Mr Pike said she had conducted in such a way as to 
 spoil most of her other clothes, but I might have what was 
 left by sending for them. She looked pale and thin, sore 
 feet, &c.—She would eat hearty when there was meat, but 
 did not seem to eat the bread and milk so well. We did not 
 consider that she was sick ; was lively and would play and 
 sing some. When she went away, her feet were getting 
 better—I did not think she required a physician—If 1 had 
 thought so, I should have sent for one. She defiled herself 
 a few times, but not much after I spoke to her.—She wet 
 the floor once, and laid it to a small boy. The day of her 
 departure from the alms house was pleasant—1 believe she 
 was there eight or nine days—I left her at Mr Pike’s, for 
 the stage to take her. 
 
 Cross-ex. —The pumps she had on were not suitable for 
 well feet, but were better for her sore feet than another 
 pair—they were flat down at the heel, as if worn down 
 —we put on a stouter pair, that we could get on to her heel 
 —when she went off, we stuck her feet into the pair fur¬ 
 nished by Pike, and carried her off in that state. Both the 
 children and the old folks in the alms-house had lice in their 
 heads. She complained of her stomach—I dont recollect 
 that any prescription was made for her—the child was 
 pretty thin, much thinner than the other children. I put 
 a shawl around her, and took her over to Mr Pike’s, in an 
 open wagon, and brought the shawl back. I never went to 
 Pike for the clothes, nor he never sent any. I never saw 
 that she had any bodilv disease about her—at times she 
 would alIter her voice, and talk in a whining tone of voice. 
 
 Jacob Te«ne?/-[stage-driver]—1 carried the girl to Boston 
 from Mr Pike’s—I think it was a warm pleasant day; I told 
 Mrs Pike. I thought it was not necessary to put a cloak on her 
 when she asked me—that her shawl would be enough as it was 
 wa rn pleasant day—she did not complain, but looked pale 
 and sickly—she was bright and lively on the road—and I 
 heard her singing—there were other passengers in and at 
 Lynn I told her to keep still. When we got to Boston, I 
 did not mind that she had any difficulty in walking. 
 
31 
 
 Cross-examined. —I recollect it was muddy—the sun 
 shone—1 have no recollection that any request was made to 
 have any one look after her—1 think 1 did not drive up to 
 the door with the child, but stopped at the corner, and set 
 her down on the sidewalk—two women, 1 think, were com¬ 
 ing out of the house in Myrtle street, to receive her, when 
 I left her. 
 
 Dr Stone —I saw the child the day she went to the alms¬ 
 house, accidentally, as she was leaving Sir Pike’s house—- 
 0 I made no examination regarding her health; out seeing 
 that she was pale and much emaciated, 1 looked at her 
 tongue-—it was perfectly clean, and I perceived no indica¬ 
 tions of disease about it- 
 
 Cross-examined. —I was not sent for to see the child—1 # 
 happened into Mr Pike’s accidentally. 
 
 Jliss Hannah French —[teacher of a female school -in 
 Boston]—1 live in the next street to the child’s mother— 
 saw the child soon after she returned—I had a particular 
 request, through my father, from Mr Slead, to see the child 
 —I expected to find her in the last stage of consumption, 
 but I found that she was not worse than many children, 
 who have had the best of treatment. The mother de¬ 
 clined removing the bandages, because it would give her 
 child so much pain, but she showed me a part of the toe, 
 and gave me to understand that all the rest were as bad 
 as that. The mother said the feet were frozen ; I went 
 there again afterwards in company with Dr Strong. I saw 
 the feet then, and I was very much surprised that they 
 were so well as they appeared to be—1 w s convinced 
 they were chilblains, and said so to Dr Strong—1 had been 
 led to expect the whole feet as bad as the toe. I was very 
 much astonished at discovering the artifice and cunning of 
 the child in affecting weakness—I would sometimes find 
 her sitting up, lively and eating, and when she observed 
 me, would assume the airs of languor [here Miss French 
 gave an imitation of the child’s supposed languid affecta¬ 
 tions.] I would go in three or four times a day and discover 
 those marks of affectation. Three or four weeks after she 
 came to Boston, I saw her playing in the street, and I said 
 to her, “ you are not so sick then, little girl, as you were,” 
 but she made me no answer, and ran into the house The 
 mother told me, that unless the passengers had put some 
 
32 
 
 things on her she must have suffered. The mother said 
 the child was comfortably clad, when she went to Mr Pike, 
 but she came back very thinly clad, and said .Mrs Pike had 
 kept back a black silk gown she had when she went away. 
 
 1 had all the excited feelings of the neighborhood against 
 Mr Pike, when I went to the house to see the child first. 
 
 ] have charge of a female school. 
 
 Cross Examined —I live about the 16th part of a mile 
 from Mrs. Howard.—When I went there first, I found the 
 mother, and her children and an interfering old woman, i 
 who answered the questions for the child, and remarked about 
 the case—the little girl was sitting in a chair—when I vis¬ 
 ited her I usually found her eating—either an orange, or 
 % cake, or pie—I did not examine her arms, or body to see if 
 she was emaciated— 1 saw the side of her foot—it was not 
 in so high a state of inflammation as I have seen—I have 
 had chilblains as bad myself—the ulcer extended from the 
 side of the foot to the toe—I did not notice that a joint of 
 her toe was gone. Her feet were not in so bad a state, to 
 look at, as her eyes now are in, from the abuse of her mother, 
 
 I suppose. The child looked pale and languid. On my 
 first visit my sympathy was much excited—I thought she 
 had been abused—l visited her the next day, once or twice. 
 Perhaps on the fourth or fifth day, 1 discovered the imposi¬ 
 tion of the child—I was disgusted with the deceit practised. 
 Mr. Mead showed me a piece in the paper, and said there 
 ought to be something about Mr. Pike right under it—I told 
 him to be careful—Says I to him, “Mr. Mead, be careful ; 
 be careful what you are about ; this affair will be investiga¬ 
 ted—you dont know the truth of this matter yet, perhaps.’* 
 
 1 thought the child out of health, but not alarmingly sick— 
 there was great excitement among the neighbors, and the 
 mother and the talking old woman used every means to in¬ 
 crease the excitement. People were expected to make 
 themselves welcome—I carried something—I cant say now 
 what it was—I do not charge my memory with such things. 
 
 Saltonstu.ll. —While you were thus obeying the Christian- 
 injunction, of not letting your right hand know what your 
 left was doing, did you think the child was an imposter ? 
 
 [The witness does not answer, but stands mute.] 
 
 Sallonstall.-— Did you discover that she was an impostoc 
 before or after you carried that “ something ?” 
 
33 
 
 Miss French.-~-l gradually discovered that she was de¬ 
 ceitful. I stated to my own family my opinion, but did not 
 disclose it at the child’s house, or to her mother. I continu¬ 
 ed to visit there often. 
 
 Saltonstall. —If you believed her to be an impostor, what 
 was your motive for continuing your visits ? 
 
 Miss French. —I possess a persevering disposition, and 
 when I undertake any thing I like to go through with it, and 
 I was determined to find out if she was an impostor. 
 
 Saltonstall. —Then you went for the amiable motive of 
 detecting her, did you ? 
 
 [The witness returns no answer.] 
 
 Saltonstall —Can you recollect how many times you went 
 for that amiable purpose—was it three, four, five, or six 
 times ? 
 
 Choate —-Your honor, I declare I must interfere for the 
 protection of that lady. 
 
 Saltonstall. — And I must have an answer— I expect the 
 lady knows for what purpose she is called upon that stand. 
 
 Miss French. —I expect I have got to tell the truth. 
 
 Saltonstall. —Well, how long did you continue to go 
 there ? 
 
 Miss French. —For three or four weeks. 
 
 Saltonstall — When did you tell Mr. Mead this matter 
 was to be investigated ? 
 
 Miss French. —I gave the caution to Mr. Mead the day 
 the piece came out in the paper—it was before Dr. Strong 
 visited the child—Dr. Strong went that afternoon. 
 
 Mrs. Cushing —saw the child on the 2d of May—was 
 surprised to see her so well, after what I had heard—I 
 thought her health feeble, but she had an appetite ; I saw 
 her twice ; the second time she was eating some gruel, with 
 a cracker in it. The mother said she wore home but two 
 articles of dress, and that the driver or passengers in the 
 stage offered her clothes. I said to the mother, {J providen¬ 
 tially it was a warm day.” She said the child had a silk 
 dress and one or two silk dress aprons from Mrs. Colby, 
 which she had not brought back. I saw the child very soon 
 in the street, considering what they said of her illness, and 
 I told the child so. I said to her, I was surprised to see her 
 out so soon. 
 
 Cross Examined. —I thought the child was very feeble, 
 
34 
 
 but she appeared to have a good appetite. The mother 
 stripped up her night dress sleeve, and she appeared ema¬ 
 ciated. The mother said she had no petticoat on, when she 
 came back. 
 
 Mrs. Martha Williams. —[Mrs. Pike’s mother;] I was 
 taken suddenly unwell last Saturday ; I recollect when 
 Benizette [Sarah B. Jay’s middle name] came ; I was below 
 almost every day ; Mrs. Pike was not sick for three or four 
 days before we left Boston ; Sarah’s work was to help wash 
 dishes, sweep up kitchen, scour knives, &ic. Ever since I 
 resided in the family, I have had the entire care of mending 
 the stockings, Sarah’s among the rest, up to the time she 
 left, and I have remarked that the toes of them were gener¬ 
 ally better than most of the others ; she had three woollen 
 pairs ; I saw the girl every day almost; never saw her out 
 doors with her toes out, or in the house; never noticed her 
 shoes particularly ; they were thick ; after her feet became 
 sore, she complained her shoes were too small, and she then 
 wore one shoe, and one India rubber ; I have often heard 
 Mrs. Pike forbid her to go out for water ; it was a standing 
 rule that she should not go for water ; her feet were then 
 sore ; never saw her go for water ; the other girl went for 
 the water ; never saw more then one pail used for bringing 
 water ; Benizette was as well dressed as the other girl ; had 
 a comfortable woollen skirt; three calico gowns, beside a 
 gingham one ; had a silk dress made up in Boston ; I have 
 heard Mrs. Pike speak to Benizette about her dresses, which 
 were not made up ; they were basted together ; Mrs. Pike 
 used to tell Benizette she should have them if she behaved 
 well. 
 
 Benizette slept in the middle chamber of the 3d story, 
 with the other Sarah ; Benizette and Sarah slept together a 
 number of weeks ; one morning I found Sarah sleeping out¬ 
 side the clothes, because there was both wet and filth in 
 the bed. Then the straw bed was taken out, and made up 
 by the side of the other one ; it w T as doubled ; she had two 
 sheets, a blanket, and a woollen quilt twice doubled ; and 
 there was a quantity of bed cfothes in the chamber besides. 
 I have heard Mrs. Pike repeatedly ask Sarah to see that Be¬ 
 nizette was tucked up comfortably ; this was after Benizette 
 kept herself continually in a bad state ; both of wet and 
 filth ; those habits continued as long as she staid there. Mr. 
 
and Mrs. Pike talked to her and tried to persuade her ; 
 Mr. Pike whipped her with a small rod ; seen him shake, 
 her and box her ears ; she left her filth in the chambers, in 
 Mr. Pike’s study and in the stairs ; she come down one morning 
 with her hair, cheeks, eye, and edge of mouth covered with 
 it. As soon as she was cleaned, in an hour or two she would 
 be wet and filthy again ; her feet had bandages part of the 
 time; her food was the same generally as the rest of the 
 family ; she was not required to w ork, they only wanted her 
 to behave decently. 
 
 Cross examined. —I have s«en her go for water, and 
 have heard her called back; she was active in doing more 
 than was required of her; to be sure she did a great deal 
 more than was wanted of her; It was six and might have 
 been ten weeks, when she felPinto those disgusting habits. 
 She was often sent to her chamber and told to stay there, 
 because she was not fit to be seen ; perhaps an hour at a 
 time ; not to my knowledge, a day or a day and a half a 
 time ; I cant say but what I heard Mr. Pike say he had 
 sent her down into the cellar for exercise ; perhaps two or 
 three weeks before she went to the poor house ; dont know 
 how long Mr. Pike kept her there ; she never went to meet¬ 
 ing nor Sunday school; she appeared to have her health, but 
 was pale and emaciated ; I dont know that any one had the 
 care of her before she left; when questioned she would say 
 she didn’t want to be a good girl; I saw Mr. Pike adminis¬ 
 ter the assafeetida ; he gave her a little piece ; told her to 
 chaw it up ; said it would do her good ; I did not see that 
 she made much objection ; heard it was not a great while 
 before she went to the Alms-House ; I dont recollect ever 
 hearing Mr, Pike threaten to put a hot fire shovel to her 
 body ; I dont remember that she ever hid herself in my 
 closet; she often staid in my chamber. 
 
 Sarah Knowlton —lives in Mr, Pike’s family; I heard 
 Benizette’s mother tell Mrs. Pike, that she had a bad temper, 
 and she wished her to conquer it [the witness confirmed in 
 every particular the testimony of the preceding witness res¬ 
 pecting her clothes and said] I had out-grown my silk gown 
 and it was made up for her in Boston ; Mrs. Pike furnished 
 her with a calico, and gingham gown, but would not have 
 them made up, because she was so dirty ; little Joseph was 
 clothed no better ; his skirt was not so thick and warm as 
 
.‘56 
 
 hers. They bought her a pair of calfskin shoes, and she 
 wore them till her feet got so bad, that she could not wear 
 them any longer; she then wore an old pair, but there was 
 no holes in them ; she was not allowed to go for water at all 
 after her feet got so bad ; she never took two pails, because 
 we had but one which we used to bring water. Her feet 
 were washed in warm water and rum ; 1 used to attend to 
 her feet ; put on cold cream once ; she kept her feet wet 
 most all the time ; her food was the same as the rest of the 
 family ; except when she had been taking salts, when Mrs. 
 Pike made gruel for her. 
 
 She used to leave her filth in every part of the house, and 
 in Mr Pike’s study—sometimes she would say she did it 
 because she was a bad girl—sometimes she would say she 
 did not want to go out because she was ugly—sometimes I 
 would go out with her, and stay a good while, and she 
 would not do any thing, and as soon as she got back to the 
 house would dirt herself—On the morning she went away 
 to the alms-house, the same thing happened, while I was 
 dressing her by the fire in the kitchen. 
 
 Sometimes Mrs. Pike would not let her have any cake, 
 or pie, or any dainties, and would say she should not have 
 them until she behaved better, and was clean. [The witness 
 stated, that the child would tear up her linen, and the 
 sheets from her bed, and from the witness’ bed, and roll up 
 her filth in the pieces, and throw them into the cockloft, 
 behind the boys trunks, »n their chambers, and between the 
 sacking and tick of the witness’ bed. On the point of the 
 child’s habits, the testimony of Mrs. Williams, Miss Pike, 
 and the witness corresponded in every particular. They all 
 stated that there was no fire kept in the chamber in which 
 the child and the witness slept.] 
 
 Cross examined. —Nothing of her foul habits in Boston ; 
 not till eight weeks after we got to Topsfield ; Mr. Pike 
 would slap her ears ; once he sent her into the cellar for ex¬ 
 ercise, he said ; Mrs. Pike would order her into her own 
 chamber to keep out of the way till the boys went to school; 
 she did not go to meeting, nor Sunday school ; nor I till 
 after she left; once she complained of being sick in her 
 stomach and said she had the head ache ; she was kept in 
 her chamber all day, and Mrs. Pike gave her an emetic ; no 
 physician was ever sent for ; her appetite very great, and in- 
 
37 
 
 creased; although she continued to increase in eating she 
 lost flesh ; when Samuel was sick he was as pale and thin 
 as she was ; he had the doctor ; her bed was not moved or 
 changed after the first three or four days ; the sheets used 
 to be dried, and the sun used to shine on her bed as it lay. 
 She had seven thicknesses on her bed for covering. She 
 was only deprived of meat when taking medicine ; I re¬ 
 member one night when she escaped from the cellar, and 
 hid herself away in a closet in Mrs. Williams’ chamber ; we 
 missed her at supper ; there was a great uproar and excite¬ 
 ment ; it was after nine when she was discovered ; one of 
 the boys heard her breathing in the closet; it was a very 
 small one, and she had got under a shelf, and was not seen 
 the first time the closet was opened ; I do not remember 
 that Mr. Pike sent for some rum to pour unto her sores 
 after we found her; I dont remember that he ever threaten 
 her with a hot shovel; Mr. Pike did nothing but talk to 
 her, when she came out; Mrs. Pike gave her salts because 
 she was very humory indeed. She was deprived of pie or 
 cake sometimes, after she had behaved ill, which was not till 
 as much as eight weeks. It was not very frequently that 
 she had to live on water grueh 
 
 Miss Martha Pike —[daughter of the Plaintiff]—mothe r 
 was not sick just before she left Boston ; it was about fonr 
 or five weeks; Mrs. Howard came just after; I heard her 
 say that Sarah [called Benizette by Mr. Williams, and the 
 other Sarah] had a bad temper; or an ugly temper ; I re¬ 
 member particularly, that once her mother asked my moth¬ 
 er, if she had seen any thing of her bad temper, and mother 
 said no : her mother said she always had sore feet in the 
 winter, and said she was laid up three weeks, the winter 
 before ; when we left her father bought her a box of ointment 
 for her feet. The shoes she wore away were dancing pumps 
 that belonged to one of the boys ; he only wore them two 
 or three times ; we sent out to get a pair to suit her on ac¬ 
 count of her sore heels, but could not find any; the pumps 
 were put down at the heel on account of her sores ; she had 
 a pair of India rubbers too, for the same reason ; she al¬ 
 ways liked to pump, though not allowed to after her feet 
 were sore ; she ate the same kind of food as the rest, only 
 more. I have often heard mother give Sarah directions to 
 cover up Benizette, because she used to go to bed early. 
 
38 
 
 [The witness gave the same account of the child’s personal 
 habits as the other witnesses; she also confirmed them in 
 every particular respecting the child’s clothes and bed cov¬ 
 ering.] 
 
 Cross Examined —Her feet were quite sore a number of 
 weeks ; were better when she went away than before; 9he 
 appeared to be very well when she came; not very well 
 when she went away ; would complain in the morning of 
 headache, and then eat a hearty breakfast; we did not 
 think she needed a physician. I have seen father whip her 
 with a stick ; once two mornings running; this was two or 
 three weeks before she left. I remember when she was 
 found in the closet; she was always sent up stairs, except 
 when the boys were in school; when they went to school 
 she was called down, and sent up again at the intermissions, 
 so that the boys should not see her. It was at the end of 
 January, or the beginning of February. The morning Beni- 
 zette came to our house from the Alms-house, to go to Bos¬ 
 ton, I did up her clothes in a bundle ; My mother knew of 
 it; my father was in school ; I did them up while Benizette 
 was there ; I laid them by her side in the kitchen, while she 
 was waiting for the stage. She went without them; they 
 were entirely forgotten till after the stage had gone ; there 
 were three calico dresses, one skirt, two pair of stockings, 
 pantalettes, several aprons and linens. 
 
 Sarah Knowlion re-called—I saw the bundle of clothes 
 in the kitchen ; they were done up in brown paper, and 
 tied with twine. 
 
 Joseph Ware —Boarded at Mr. Pike’s last January; 
 Sarah Benizette had the same food as the rest of the fami¬ 
 ly ; she used to eat in the kitchen with the other girl; Mrs 
 Pike would tell her if she had not enough to come up and 
 she would give her some more. 
 
 Dr. Cleaveland, of Topsfield — I don’t know that I ever 
 saw this girl ; Mr. Pike told me about her habits; as- 
 safoetida is perfectly harmless ; I think I told him I had 
 known it to be given with good effect. I should think her 
 habits would affect her health, as cleanliness is essential to 
 health. 
 
 Cross examined —I signed the certificate ; I never called 
 as a physician to see child ; Mr Pike called more than 
 once about her; I had advised him to send her home. 
 
39 
 
 Dr Stone, re-called—Her habits must have affected her 
 health, and would naturally produce marasmus ; that is, 
 much emaciation. 
 
 Mrs Howard, re-called—I frequently told my neighbours, 
 that Mrs Pike was good to me and my child in making 
 presents of little articles of dress. My husband told me 
 he had seen Sarah in a black silk gown, and I supposed she 
 received it from Mrs Colby ; I never told Mrs Cushing that 
 the child wore home no skirt; I dont know that I mention¬ 
 ed the skirt to her. My child got her sore eyes at school. 
 (See an observation in Miss French’s testimony, page 32.] 
 They were so sore that she could not go to school, and when 
 I went to the school to mention it, the lady that kept the 
 school told me that the eyes of a great many of her scholars 
 were sore, and affected in the same way, but generally not 
 so badly ; I think she said more than half of them had sore 
 eyes. At first I used to urge people to see my child’s feet, 
 and would show them, till Dr. Shattuck advised me not to 
 do so. I dont remember telling Dr. Shattuck that my hus¬ 
 band died of a scrofolous consumption—I have said he went 
 away insane, and that 1 did not know that he was dead only 
 from what I had read in a newspaper. 
 
 Friday, November 27. 
 
 Mr. Saltonstall this morning entered upon the 
 closing' argument for the defendants, by observing, that 
 it was a subject of congratulation, to all parties, the court, 
 the counsel, and the jury, that the termination of their la¬ 
 bours approached, though he was not aware that the case 
 had taken up more time than was necessary, considering 
 its great importance. Mr. S. then proceeded to comment 
 on the evidence in a most impressive and convincing man¬ 
 ner ; he admitted, that Mr. Pike, the plaintiff, a public 
 teacher, stood well in the community until this difficulty 
 but that it was his misfortune, by his own conduct, to have 
 exposed himself to severe remark. He would contend 
 that the charges against him were true, and that the de¬ 
 fendants’ pleas in justification had been substantially 
 made out. Malice was essential to the maintenance of 
 this action, and the jury would inquire into the motives 
 and intention of the defendants in visiting the scene of 
 excitement in Myrtle street; and if the jury should find 
 
40 
 
 that the proof did not come up to the strict letter of the 
 libel, they would only find such malice as the law it¬ 
 self presumes, and would only give the very smallest 
 amount of damages. The jury would perceive by reading 
 the article, that the writer claims its publication for the 
 sake of humanity. Mr. S. reminded the jury, that the 
 child behaved well till after she had been at Topsfield 7 
 or 8 weeks, when she unaccountably obtained a most ex¬ 
 traordinary victory over Mr. Pike and all his family—ac¬ 
 cording to the testimony of the members of the family— 
 she obtained this victory over one, whose business for 20 
 years has been to control and govern, and suddenly sunk 
 into the lowest degree of loathsomeness—whether from 
 physical disease, mental aberration, or imbecility, or stern 
 sullenness, the jury would determine from the evidence. 
 She was then put into the alms-house, and was not sent 
 from there by any agency of the plaintiff. It was also 
 proved, that all the time the child was at the plaintiffs, 
 she was never sent to church or sabbath school, and 
 thus her mind and heart were deprived of their proper 
 aliment; and to deprive a child of her tender and pecu¬ 
 liar age of all advantages for the formation of character 
 was as great cruelty, as to furnish her with indifferent food. 
 The jury, he hoped, would bear in mind, that the child 
 was not eight years of age when these acts of neglect 
 commenced. Mr. Saltonstall considered that the ques¬ 
 tion of the credibility of Mrs. Howard, the child’s mother, 
 lay at the foundation of the case, and would descend to that 
 point with great alacrity. I call upon you, said he to the 
 jury, to say if she be notan unimpeached and unimpeach¬ 
 able witness; and if she had been impeachable, with 
 what pleasure would not Miss French have attempted it 
 to aid Mr. Pike. He referred to the testimony of Mrs. 
 Colby, that the child was honest, cleanly, and amiable, 
 but lively and prattling—how conspicuous, too, had been 
 the frankness of the mother. All the witnesses declared 
 that she was healthy when she went to Mr. Pike’s, and 
 the change in her habits was a prodigy that could not be 
 explained by any supposition, but a neglect on the part 
 of Mr. Pike or his family. Unless she had been bound, 
 it would have been his duty by law, to have returned her 
 to her parent, without any contract to that effect. But 
 there was an express contract, that if the child was sick, 
 or either party were disatisfied, she was to be sent 
 
home. Even had she been all they describe her, it would 
 have been his duty to have taken her home, in a chaise, a 
 wagon—aye, a scavenger’s cart, surrounded with guards or 
 police officers. But long before there is any complaint of 
 her habits, she was seen by many witnesses drawing water 
 at the pump and in the yard exposed, and dirty—they all 
 paint the child as a poor neglected thing, worse than a 
 Southern slave, and then when, by the testimony of the 
 physicians, she was suffering from deep disease, in her 
 stomach and bowels, he tipped her over into the alms¬ 
 house for fear she would die upon his hands. This mat¬ 
 ter of the alms-house, was the very gist —the very marrow 
 —the head and front of this charge against him. He did 
 not even notify her mother till the overseers compelled 
 him by their refusal to keep the hapless being in the alms¬ 
 house. It was cruelty to put her in the alms-house, even 
 if her conduct was as bad as stated ; she was but a child—- 
 a young child—and it was his duty to have guarded 
 against its habits—it should have been treated as a fatal 
 malady ; and if he found he could not check her, he ought 
 to have sent her home. It was a point worthy of notice, 
 that neither before nor since that time, when under other 
 hands, nothing of the kind occurred, and even in the alms¬ 
 house, where at least she had a comfortable bed, improve¬ 
 ment became visible. At Pike’s, sick though she was, 
 for punishment, she was deprived of her meals, of meat, 
 of pie, or cake—cuffed, slapped and beaten with a rod,— 
 and confined eighteen hours in her chamber, without fire ; 
 for it is in evidence, that she was kept there all the time 
 the boys were not in school. They say she looked as 
 pale as Samuel, when he was sick and had the doctor; 
 and Mr. Pike ought to have called in a physician to see 
 her, and ascertain if any physical difficulty existed. 
 The child must have suffered the greatest agony, before 
 she was sent to the alms-house, said Mr. S, with the chil¬ 
 blains. What must she have suffered from an ulcer that 
 actually destroyed a joint of a toe ! We all know that 
 mere chapped hands will sometimes keep grown people 
 awake all night; and if this child had been Mr. Pike’s 
 own, it would have been laid on the bed, with a fire in 
 the room, and nursed and attended. Did she come home 
 properly clothed ? Was she not deeply diseased ? The 
 whole evidence proves it. It is true, that Miss Hannah 
 French, contrary to all the Doctors, by her superior 
 6 
 
42 
 
 shrewdness, discovers that the child and its mother are 
 only playing a part—by her deep penetration she detects 
 what no one else suspects. Judge, gentlemen, if her 
 opinion does not originate in a desire to appear wiser and 
 more knowing than any body else. You saw her man¬ 
 ner on the stand, and I have no doubt you marked her 
 testimony. Her conduct and openly avowed motives 
 should of themselves affect her credibility. If further 
 evidence of her feelings be wanting, let us recollect her 
 gratuitous insinuation, that the child’s sore eyes which 
 we have witnessed here, were produced by the abuse of 
 her mother. 
 
 When at the suggestion of Miss French, Dr. Strong 
 goes there, does not the mother at once consent to an ex¬ 
 amination. He tells us of no disguise. 
 
 What does Dr. Shattuck say, when he tells you he went 
 there at Mr. Pike’s request, and found so much disorder 
 in the very seat of life, that he paid no attention to her 
 feet. He comes on to the stand as the avowed friend of 
 Mr Pike, and if he had not avowed it, you must have per¬ 
 ceived it, but he came on to the stand, too, to speak the 
 truth, the honest truth, unreservedly. No. Dr. Shat¬ 
 tuck, who, under Providence, was the means of saving the 
 child, suspected no sham ; and he even administered to 
 her such active and energetic medicines as the urgency of 
 the case demanded, and which, from their powerful char¬ 
 acter, must have destroyed her life if she had been a well 
 child, instead of being reduced to the last stage of debili¬ 
 ty; and when the question is directly put to Dr. Jackson, 
 he replies “that she was altogether too sick to play a 
 part.” Mr. S. reviewed at length the medical testimony, 
 and put it to the jury, whether, in the very language of 
 the libel, the child was not “reduced to the lowest state 
 of wretchedness.” Passing somewhat cursorily over the 
 other parts of the evidence, he adverted to the charge of 
 “brutal cruelty,” again.—He contended that trie charge 
 was true to the letter : In the first place, taking no ac¬ 
 count of other punishments, is it not proved, and not at¬ 
 tempted to be denied, that he compelled the child to take 
 assafoetida, the most nauseous of all substances except one, 
 which he afterwards administered, and as he says, without 
 her wincing What does this fact, so disgusting, so re¬ 
 volting, prove, but her entire submissiveness—that she 
 had no power, no hope of resistance ; yes, her taking it 
 
43 
 
 only proves how entirely she was broken down, in body 
 and mind, by a long course of cold and blighting neglect 
 This fact alone, said Mr. Saltonstall, would justify the 
 whole libel. It is impossible to foresee what may be said 
 on the other side; they may tell you of his good charac¬ 
 ter, his unblemished reputation, his standing in society, 
 and the feelings of his family ; but I would ask, what 
 damages are due to i\xefeel\ngs of a man who could make 
 a child eat her own excrement? But, gentlemen, before 
 you think of giving damages, you will look into the heart 
 of the defendant for his motive. What motive could he 
 have had but of humanity—of duty—to do as he has done ? 
 Was it not one of the cases in which the press should have 
 spoken in a voice of thunder ? 
 
 Mr. Saltonstall's argument occupied about two hours, 
 and profoundly engaged the attention, of the Court, the 
 jury, and a deeply interested audience during the whole 
 period of its delivery As soon as he closed, he was im¬ 
 mediately followed by 
 
 Mr. Choate, who commenced his closing argument 
 for the plaintiff, by observing to the jury—“all your ver¬ 
 dicts, gentlemen, during the present term—all the cases 
 you have tried and all the justice you have dispensed, are 
 of no importance compared with the justice which now re¬ 
 mains to be done to this deeply injured man, who has 
 been so remorselessly assailed through the columns of 
 one of the keenest and most widely circulated journals in 
 the country ; and the same foul charges, and false, have 
 been re-written on the Records of this Court, by the pleas, 
 seven times over, and will there outlive even the Morn¬ 
 ing Post. To the plaintiff it was a case of life and death. 
 Mr. Choate was willing to admit that the plaintiff had 
 nade two or three mistakes, but the evidence entirely 
 failed to make out a single act of cruelty. Yet cruelty— 
 “ brutal cruelty”—is the general charge ; and to say that 
 these mistakes, which no man more than the plaintiff 
 himself regrets, amount to such cruelty, is a deadly and 
 ferocious libel, and wherever it is read and believed, my 
 client’s occupation is gone ; for a parent, who shall be¬ 
 lieve him guilty of the acts charged, would sooner send 
 his son into the forecastle of a Portuguese slaver , than en¬ 
 trust him with Mr. Pike ; or he would strive to rescue a 
 daughter from his grasp,as desperately as he would strug¬ 
 gle to rescue her from an Indian captivity. He is charged 
 
44 
 
 with keeping the child for five long months on lndiail 
 meal—if true, his conduct is low, blackguard, lousy, and 
 beggarly ; but there is not a line of evidence, that she 
 was not well fed. It is said she was compelled to sleep 
 on a straw bed, without covering, till her hands and feet 
 were frozen : What becomes of the man of whom this i 9 
 believed in the County of Essex ? Mr. Choate contend¬ 
 ed that the article was false to the letter, and false in 
 spirit; because it gave no intimation to the reader that 
 the girl w r as a prodigy in character. This omission was 
 of itself a great falsehood. Not a reader of the paper 
 could ever have imagined the unheard of situation of Mr. 
 Pike and his family. It is said she slept on straw : why not 
 tell the reason why it was necessary for her to sleep there ? 
 Mr. Choate dwelt at length upon this point, and contrast¬ 
 ed the evidence for the plaintiff and the defendants re¬ 
 specting the treatment of the child during the early part 
 of her residence in Mr. Pike’s family. He observed,that 
 he believed that all the witnesses, except Sarah Phillips 
 and the washerwoman, intended to tell the truth, though 
 they might labor under some natural bias ; but those two 
 Were the only w itnesses who had sworn to falsehood de¬ 
 signedly. 1 thought, said he, that she fainted soon after 
 saying she saw the child’s toes out, and not after the 
 question respecting her unfortunate mother’s death. Mr* 
 Choate abandoned entirely the ground, that the child had 
 been playing a part, and did not attempt to explain, or 
 even once advert to the testimony of Miss French on 
 that topic, although in an earlier stage of the trial, he 
 gave notice that he should argue the cause to the jury on 
 that ground. With respect to sending the child to the 
 alms-house, and not home to its mother, he admitted that 
 the plaintiff could not sustain himself in an action on the 
 contract, yet knowiug as he did, the extreme poverty of 
 Mrs. Howard, and that she was about to be confined, he 
 might see in that circumstance a powerful and humane 
 motive for putting her into the alms-house, rather than 
 sending her home. He must have remembered Mrs. 
 Howard’s declarations, that her husband never expected 
 to have to maintain this child ; that she W'as not at home 
 when she married him, and that she was for this reason, 
 and her bad temper, for that was the character she re¬ 
 ceived from her mother—and think what a child she must 
 have been to have wrung such a character from a fond 
 
45 
 
 toother’s heart—such a mother too, as We have seeti her 
 to be—and for this reason, she was the cause of great do¬ 
 mestic difficulty. To keep her in his own house longer, 
 Was impossible; and he thought that a husband, poor as 
 Mr. Howard is allowed to be, and rendered fretful by a 
 new charge of his own, might be still farther exasperated 
 by an additional burthen that had already rendered herself 
 disagreeable to him. I admit, gentlemen, that the con¬ 
 tract to send her home was binding on Mr. Pike ; but I 
 do verily believe that he was actuated by the purest mo¬ 
 tives that ever prompted man, in not sending her there. 
 Mr Choate considered that the medical testimony in the 
 case negatived the inference that her condition was the 
 result of any harsh treatment she had received—not one 
 of the doctors, said he, could infer from the mere appear¬ 
 ances only, that it was a case of neglect and cruelty. It 
 was proved that she had a scrofulous temperament, and 
 that fact was sufficient to p.oducethe emaciated condition 
 to which she was reduced. Every thing about the case 
 was infelicitous and calamitous in the extreme. Mr. Pike 
 and his family thought she was stubborn, sullen, and not 
 ill, from the circumstance of her great appetite; for it was 
 in evidence that when Mrs. Pike thought she was sick she 
 medicated her. In this point of view, two other certain¬ 
 ly unpleasant facts in the case, which have been made to 
 assume great importance in the pleas and arguments, ad¬ 
 mit of some excuse, if not entire justification. He allud¬ 
 ed to the substances Mr. Pike made her put in her mouth. 
 The assafcetida was undoubtedly administered as a discip¬ 
 linary measure—to effect a moral reform—to conquer the 
 will—for they did not attribute her conduct to disease, 
 which it is now useless to deny probably existed. With 
 regard to the other matter, the jury would hesitate before 
 they wonld convict the plaintiff of the whole libel, for 
 that one ill-advised act The jury would look at the 
 plaintiff’s situation—tried in a way no mortal man was 
 ever tried before—they would remember his threat to do 
 it, and her continued contumacy, as he supposed—and, 
 under such circumstance, see some considerations to mit¬ 
 igate the act. They surely will not drive him out of the 
 World—outlaw him—for one injudicious act; for that 
 must be the effect of a verdict which says the charges in 
 the libel are true. 
 
46 
 
 Believing, the defendants had entirely failed in their 
 justification, and that the plaintiff’s case was established 
 beyond a doubt, Mr. Choate adverted to the damages, 
 which he had a right to expect ; and it was fortunate, he 
 said, that the defendants could pay even the entire sum 
 claimed.* To estimate the extent of injury sustained by- 
 Mr. Pike, it must be recollected, that the Post was a 
 leading political paper, at the head of its class, and cir¬ 
 culated all over the country ; that on account of its wit 
 and the general ability with which it was conducted, it 
 was sought after and read by many who did not subscribe 
 to its political doctrines; and that in its matters of gen¬ 
 eral intelligence, and in its criticisms, it was considered 
 as speaking upon its honor and authoritatively, and was 
 therefore fully credited, aside from its political views. It 
 should be recollected, that in this instance, they had step¬ 
 ped aside from their main business as political partizans, 
 to attack the plaintiff, a private citizen, and exercising a 
 private calling. He would have the press pour forth its 
 blasts as free as the mountain storm on political men ; 
 but there he would have its licentiousness stop. He 
 would not in the present case go for express malice, but 
 for gross carelessness in the use of a great instrument— 
 a precipitate movement on the part of the defendants that 
 was death to the plaintiff. 
 
 [Mr. Choate’s argument occupied about five hours in 
 the delivery, and was distinguished throughout by great 
 ingenuity, and presented every fact in the case favorable 
 to the plaintiff in the strongest possible light. His prin¬ 
 cipal object was to satisfy the jury that the circum¬ 
 stances proved by the defendants, in justification, did not 
 meet the issue presented in the libel, and the plaintiff 
 therefore stood upon the law, which protected him as 
 much as it did any other citizen, notwithstanding the facts 
 
 * On Tuesday, Mr. James L. Homer , summoned by the plain¬ 
 tiff, to give evidence respecting the property of the defendants, 
 testified, that Mr. Beals had formerly been his partner, in pub¬ 
 lishing the Boston Commercial Gazette, and he was of opinion, 
 that Mr. Beals was worth from ten to fifteen thousand dollars. 
 Mr. Homer said he did not know anything about Mr. Greene’s 
 property, but he lived like a gentleman. Mr. Homer also said 
 that “ that every printer in Boston had a right to live in good 
 style.” 
 
47 
 
 that had been proved against him. He came to court, he 
 said, to try the truth or falsehood of the charges contained 
 in the libel, and nothing else.] 
 
 Saturday , November 28. 
 
 His Honor, Judge Putnam, after settling some points of 
 law, which had been referred to by Messrs. Choate and Sal- 
 tonstall upon the opening of the Court, remarked generally, 
 that the whole evidence was open to the jury, with respect to 
 the damages, even if the defendants did not fully make out 
 their pleas in justification. His Honor then proceeded to charge 
 the jury substantially to the following effect: It is, he said, 
 one of the most interesting causes that has been brought in the 
 county for many years, and has been presented to you, gentle¬ 
 men, very ably by the counsel on both sides ; and it is now our 
 duty to endeavor to do justice to the parties—to render them 
 the same justice we ourselves should expect it similarly situ¬ 
 ated. You have been told that the defendants have stepped 
 aside from their ordinarv business to publish a grave, but false 
 charge against the plaintiff', Mr. Pike, and that the result must 
 be ruinous to his reputation, and he therefore comes into this 
 Court to obtain the only redress that can be had. On the other 
 hand, the defendants say it was their duty to publish the truth, 
 for the cause of humanity, and that they only have endeavored 
 to do so, and in fact have only done so. Gentlemen, the charge 
 is that the defendants have published a libel, imputing criminal, 
 or at least unworthy conduct to the plaintiff for which he ought 
 to recover damages ; and the defendants come into court and 
 say the plaintiff ought not to recover, because he did certain 
 acts set forth in the pleas of justification. Now, if you find 
 that the reasons set forth in the pleas are not proved, then the 
 verdict must be for the plaintiff; but before you come to the ques¬ 
 tion of damages, you must say the defendants are guilty of this 
 libel. Then the question is, how much damages—should you 
 ever arrive at the conclusion to give any damages at all—how 
 much damages ought to be given, upon the whole matter in evi¬ 
 dence. The question of damages must be upon the whole 
 matter—you must take the evidence on the justification alto¬ 
 gether. You must go into the question of the malice—whether 
 slight or gross ; and ascertain what will compensate, in justice 
 and reason, the legal wrong committed. You have nothing to 
 do with the feelings of either party—-however sore either may 
 feel, it is nothing to the jury “ Brutal cruelty,” is the charge— 
 the nature and meaning of the charge is extreme cruelty, to 
 meet which it is not necessary, for instance, for the defendants 
 to prove that the plaintiff* kicked the little girl down stairs, or 
 did any other violent act, for great neglect may amount to great 
 cruelty, which we all know, may be practiced in various ways. 
 
48 
 
 His Honor said he considered the two great questions in the 
 case to be. What was the condition of the child when it caine 
 into the hands of Mr. Pike, and when she came out ? You ought 
 to settle in your minds, the terms upon which she came into his 
 hands, and what the conduct of the family to the child was, and 
 whether that conduct were agreeably to those terms'? How she 
 was when she came, how she was when she left, are the two 
 great points, which I shall notice, and I shall leave you, gentle¬ 
 men, to fill up, from the evidence, the intermediate condition 
 of the child, yourselves The application for a child was made 
 by Miss Pike, for her mother, to Mrs. Colby, w'ho referred her 
 to Mrs. Howard, the mother of this child, whose husband was 
 poor, and did not feel able to support it. The child had been 
 living with Mrs. Colby, who gave her work to do, and she did 
 it neatly, and was particular not to soil her clothes—she was 
 clean when she went to Mrs. Colby’s, and her mother made her 
 so. The character of the child’s mother is material in this case, 
 and her conduct very remarkable, if she was playing a part, for 
 she voluntarily says to Mrs. Colby—“ I will not deceive you— 
 she is a very bad child—her word is not always to be taken.” 
 In consequence of this declaration by the mother, Mrs. Colby 
 tempts the child’s honesty, and I should think, rather severely ; 
 and it seems to me to an extent somewhat doubtful ; tor we are 
 taught to pray—“ Lead us not into temptation.” I should 
 doubt very much the expediency of tempting so young a child 
 so, but yet we see that she took nothing. Mrs. Colby describ¬ 
 ed the child to Mrs. Pike as requiring gentle treatment. Mrs. 
 Colby says she herself did pretty much all the talking, but the 
 mother said, that if her child became sick, or there was any 
 dissatisfaction, she wished her sent home. Mrs. Davis testifies 
 to the same point. The child was to be brought up the same as 
 Mr. Pike’s own children, and so as to be able to get its own liv¬ 
 ing. Theie can be no doubt as to the terms upon which the 
 child was received. As to her health at that time, she was not 
 a robust, but what might be considered a healthy child, but had 
 been afflicted with chilblains; but was well then. Well, then, 
 what was her condition when she was returned ? Let us not 
 look at the facts as they are presented and mixed up with the 
 eloquence and arguments of counsel, but let us sink down to the 
 naked facts. What was her condition when she returned ? 
 You heard what Mrs. Colby said—a fortnight after she returned, 
 Mrs Colby hardly thought she could live. Mrs. Howard tells 
 you that she was so thin, the hip bone had wore through the skin, 
 and produced a little sore—that she was very costive, but had a 
 great appetite. Dr. Flint says—'• I have no means for deciding 
 whether the feet had been affected by frost or chilblains, and 
 that one joint of the little toe was gone. Dr. Jackson thought 
 that she was laboring under an organic disease, and was too 
 
49 
 
 sick to be playing a part. In this matter, the opinions of phy¬ 
 sicians ought to have vast weight, passing over the opinions of 
 individuals who have spoken of her condition. I call your at¬ 
 tention particularly to Dr. Shattuck, who was called by the 
 plaintiff. I think it a matter of no consequence who called 
 him—whether plaintiff or defendant—every body can see that 
 he is disposed to give you the truth. He thought Mr. Pike had 
 been abused, and he went to see the child. He found her deep¬ 
 ly sick, he says. There was deep disease requiring active rem¬ 
 edies, and expensive ones. He did not regard the loss of the 
 toe as a drop in the bucket compared with the internal disease. 
 She had an irritable stomach—deep chronic disease in the ab¬ 
 dominal viscera. The opinion of such a man as Shattuck is 
 worth more than the opinions of a thousand people, who only 
 judge from external appearances. 
 
 The next question is—Did Pike, or did he not, pay proper 
 attention to the child ? Has he, or has he not, been guilty of 
 neglect and inattention. These questions, gentlemen, are for 
 you to decide. Was it for him to know, or not, that she was 
 sick ? She was in his care :—Was there nobody in Topsfield 
 who could tell whether she was sick, or sullen ? Was there no 
 physician that he could have called in to examine her ? For 
 nearly five months she lived with him, before there was any dif¬ 
 ficulty—the night of the 7th of February was the first time she 
 fouled the bed; after that time her conduct was certainly un¬ 
 accountable and extraordinary. Whether it was the result of 
 wilfulness, or disease, or insanity, the jury must judge. You 
 will remember, gentlemen, that her father ran away insane, and 
 is it impossible that her mind should be somewhat affected also— 
 insanity displays itself under a thousand forms. This was 
 in the winter be it remembered. What should Mr, Pike have 
 done in his excessively difficult situation, supposing her to be 
 sullen ? What should he have done, putting down every thing 
 that has been said against her as true—admitting that she was 
 wilful ? Nobody would complain of the rod being used, or does 
 complain; but humanity and the law will not permit a punish¬ 
 ment, that will endanger the health, or degrade the character of 
 the child—a punishment that may bring on disease. Suppose 
 she was as bad, as you can conceive a child to be, was it, or was 
 it not, a discreet punishment to send her up into a cold room to 
 sit alone from hour to hour, on such a morning as the present for 
 instance, when the ground and the tops of our houses are cov¬ 
 ered with snow ? Was that a proper punishment, or not ?— 
 The evidence is that she was so kept for u considerable time—- 
 when the boarders were in, she was up', and if she was not fro¬ 
 zen, she must have been chilled. Gentlemen, take this case 
 home to yourselves—try the case, as if it was your own child. 
 See if this be a proper punishment, or cruelty. You are the 
 7 
 
50 
 
 judges, if this be cruel or proper. The plaintiff may think it 
 proper, but you are to decide that question—not he. I think 
 this view of the case of considerable importance. 
 
 On the other point, if you believe that she was then afflicted 
 with the internal disease, which was upon her when she return¬ 
 ed home, and that that disease produced a morbid state of mind, 
 which rendered her unable to take care of herself, and preserve 
 herself clean, what should Mr. Pike have done ? And here 
 comes in the contract: If he became dissatisfied, he was to 
 bring her home. They say that they attempted to reclaim her, 
 and did not send her back to her mother on account of her 
 mother’s poverty; that they kept her out of charity to the 
 mother. But in connection with this charitable consideration 
 for the condition of the mother, you will recollect Mr. Pike’s de¬ 
 claration about the child—“ Destitute she came, and destitute 
 she shall return.” Mr. Pike must have had an opinion, that 
 she was diseased, for he said to the overseer of the Aim-House, 
 “ I am afraid she will die on my hands.” Was this putting 1 
 her in the Aim-House, a fulfilment of the terms upon which he 
 took her ? Was the mother or Mr. Pike to be the judge of the 
 comfort of the mother’s home ? What says the mother ?— 
 “ Bring my child home if she is sick ” The mother knew, that 
 in Boston, if she was poor, and could not provide for her sick 
 child, that she had only to make her wants known, and relief 
 could be instantly obtained. In Boston, there are ever to be 
 found persons like Mrs. Colby, prompt to afford relief to dis¬ 
 tress, whenever they are apprised of its existence. In Boston, 
 an honest but humble family, can always obtain relief in sick¬ 
 ness, if they will only let their distress be known. Whenever 
 they can step over their pride, and disclose their humble state, 
 there is no place in the world where they will receive prompter 
 assistance, than in Boston. That she could be taken care of— 
 good care—at her mother’s, is proved by the fact that she was 
 taken good care of, after she returned. Dr. Shattuck tells you 
 she required the most expensive medicines, and she had them, 
 but how they were furnished, or who furnished them, we dont 
 know—only we know they were not provided by the mother, 
 being beyond her means. Mr. Pike then did not fulfil the 
 bargain, and there was no reason, why he should not. 
 
 The child complained before she left Mr. Pike’s and while a 
 the Alms-House, though she would play a little, and had an 
 appetite.—Would she have complained, if she was not sick ? 
 When you get her down to Boston, before Dr. Shattuck, you 
 find out the whole truth. You must judge whether, if she 
 was sick, at that time, she was treated as you would have a 
 child treated, or Mr. Pike would have treated a child of his 
 own. In deliberating upon this whole case, you are to take all 
 the evidence, having reference to the conduct of both the 
 
51 
 
 plaintiff and the defendants; and it is desirable, to avoid 
 further litigation between the parties, that you should agree on 
 a verdict of some kind. If you find that the justifications are 
 made out, you will find for the defendants, but if you think 
 they are not made out, you wll find for the plaintiff— but then 
 the range of damages is very great and entirely with you—you 
 can range from the smallest possible sum up to the ten thousand 
 dollars. His honor expressed a hope that no juror would, at once, 
 come to a conclusion not to give Mr, Pike a copper, because some 
 unfavorable circumstances appeared against him in the evidence; 
 and On the other hand, he hoped that no juror would retire with a 
 fixed determination to give the highest damages, because the defen¬ 
 dants had failed to prove every thing they had alleged in the pleas 
 in justification. On the contrary, he would recommend to the jury 
 to deliberate together upon the whole matter, and with the single 
 object of rendering strict justice to both parties. 
 
 The law in such a case as the present implies malice, but here 
 there is no pretence of express malice, but then printers must 
 be careful. The defendants are the publishers of a newspaper, 
 and it is there duty to print whatever tends to the public good, 
 if true , whether it relates to political or private persons. I do 
 not agree with my friend Mr. Choate, that they ought to be at 
 liberty to publish falsehood even about political men—the truth 
 for me, and gentlemen I believe that you also prefer the truth, 
 even in politics. The duty of printers is an exceedingly diffi¬ 
 cult one to perform, and they ought to be extremely cautious, 
 but to rebut express malice, it is enough for them to show that 
 they have used reasonable care. I consider the fact of the 
 child’s having been exposed, as being established. It could not 
 have been from kindness, that they sent her into a cellar, after 
 sitting in ftcpld chamber all day. There is no proof but what 
 she had a ■Bficient supply of food—there appears to be no diffi¬ 
 culty upon that point—the charge about the Indian meal 
 and water is not made out.—It is well known to medical men, 
 that because there is a great appetite, it does not follow that 
 therefore there is health ; and that great eating does not ne¬ 
 cessarily nourish, when the system is deranged. How far being 
 so deeply diseased that food freely partaken of ceased to nourish, 
 was to be “ reduced to the lowest state of wretchedness,” the jury 
 would consider. 
 
 If I were a juror, I should lay down some stakes to guide 
 me in this case—there are some unquestionable facts in the case, 
 that are not denied. It was unpleasant to remark upon the 
 manner of witnesses, but the jury would remember one who 
 testified that she thought the child was counterfeiting, and they 
 would also recollect Dr. Jackson’s answer when the question 
 was particularly put to him. 
 
 It has been contended that the second publication was more 
 
62 
 
 libellous than the first—the jury will consider under whst cir¬ 
 cumstances that article appeared, and give the defendant credit 
 for what he did do—for his going to see the child before he 
 published it. He is entitled to the benefit of this act of precau¬ 
 tion. The question is asked, why the defendants do not put 
 the child on the stand as a witness ? That, gentlemen, is im¬ 
 possible: they cannot put on to the stand the child that Mr. 
 Greene saw—low, emaciated, at the point of death. They can 
 put on to the stand a lively, healthy child—not the child that 
 Dr. Shattuck saw and described. The defendants rest their 
 case on the weight of evidence arising from her then condition. 
 She was free for the plaintiff to call; it is true, that he would 
 not have been at liberty after calling her.to impeach her general 
 character, but he might have contradicted her upon any particu¬ 
 lar fact. There are two circumstances in the case, gentlemen, 
 that 1 cannot allude to with any degree of satisfaction—the assa- 
 fcetida and the excrement:—with regard to the assafcetida, 
 there may, perhaps, be different opinions, considering the situa¬ 
 tion in which the plaintiff was placed. As to the other, I can 
 say nothing; but you must always bear in mind, that she was 
 but a child. 
 
 The impartial design of giving the testimony in this remark¬ 
 able cause, with considerable minuteness, having increased the 
 size of the pamphlet much beyond our original expectations, has 
 necessarily compelled the Reporter to condense Judge Put¬ 
 nam’s lucid and practical charge to the Jury, but he believes 
 that the preceding outline embraces the material points en¬ 
 larged upon by His Honor. The same explanation is due to the 
 eminent counsel who were engaged in the cause, for the ex¬ 
 tremely brief sketches of their able arguments which are given 
 in this Report. 
 
 The cause was committed to the Jury about half past eleven, 
 and in an hour they sent notice to Judge Putnam, that they 
 had agreed upon a verdict. At half past two, they came into 
 Court and returned a verdict for the Plaintiff, giving One 
 Dollar Damages. The legal effect of this verdict throws the 
 costs of Court on to the Plaintiff, with the exception of twenty- 
 five cents. 
 
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