Hey all. I was wrapping up some research I’ve been doing on Hanover Furnace, and came across a tale of murder in the archives of the Burlington Mirror. I figured I’d post it, since it seems spooky enough for upcoming Halloween…
July 4, 1861
Local Facts and Fancies. / HOMICIDE.
A man named Mark Anthony Foulks, living at Hanover Furnace, was brought to Jail, on Saturday morning, for killing his father on Friday night
(June 28, 1861). The particulars of this unfortunate affair, as we have learned them, are as follows: The prisoner, with his brother and father, had been to Wrightstown, where they received their pay for their week's labor, and procured, among other things, a supply of liquor, intending to have a grand frolic on the following day and Sunday. They drank several times on their way home, getting considerably intoxicated, and upon reaching the premises, a quarrel arose between the two brothers, and they had a severe fight.--The prisoner, after a hard struggle, threw his brother down, and proceeded to the house for an axe. Not finding one, he soon came back, when his brother had gone--but seeing his father approaching, he picked up a piece of slab, and struck him upon the head, knocking him down, killing him almost instantly. The prisoner is from thirty to thirty-five years of age, is a rough looking character, and has every appearance of being severely handled in the conflict with his brother--his face and head being much bruised. He states that he has no recollection of striking his father, and was much affected when, in his sober moments, he learned of his death, and fully realized his own dreadful situation. He says that he remembers the fight with his brother, and leaving him and going to the house, but knows nothing of what occurred afterward. It is not probable that he had any intention of killing his father, and perhaps was unconscious of striking him. It is not unlikely, however, that when he returned from the house, where it is said he had been for the axe--in the darkness, and being somewhat stupefied by liquor--he mistook his father for his brother, and at once gave him the fatal blow. It is a most unfortunate occurrence and may be attributed entirely to the excessive use of Rum!
July 11, 1861
Local Facts and Fancies. / THE HOMICIDE AT HANOVER
In addition to the statement in our last paper, of the Homicide at Hanover Furnace, we have heard that the two brothers were in the habit of quarreling and fighting, quite frequently -- the one now in prison, being much the strongest, always came off victor -- and that the younger one, years ago, looked anxiously forward to the time when he would himself be able to triumph and no longer have any fears of the powerful frame and brawny arms of his older brother. On the recent occasion, it is said that after the younger one had been thrown down, the other ran in search of a weapon, but finding none, returned, and seeing his brother running off, started in pursuit of him. The father then endeavored to persuade him to let his brother alone, when he picked up a club or piece of board and gave his father the fatal blow. The younger brother, when he found that his father was killed, became perfectly frantic, and seeming to be possessed with almost superhuman power, attacked his brother and gave him a terrible pummeling. In fact, to all appearance, he was entirely powerless in his infuriated grasp--and it is believed that had they not been separated, he would have been killed. His face and head were covered with blood, and when brought to prison, presented a frightful aspect, looking as though he had been roughly handled by a "champion of the ring." We doubt not that the evidence in the case, will reveal a deplorable state of morals, as existing among them for many years, all doubtless, arising from the constant and excessive use of rum.
September 26, 1861
Local Facts and Fancies. / TRIAL OF WILLIAM RIKER, CHARGED WITH MURDER.
(last sentence in a longer piece regarding a different murder trial) ..... The Trial of Mark Anthony Foulks, the Hanover Furnace Parricide, is set down for Friday.
October 3, 1861
Local Facts and Fancies. / COURT OF OYER AND TERMINER. / VERDICT IN THE CASE OF WM. RIKER--TRIAL OF FOULKS, THE PARRICIDE. / THE STATE VS. MARK ANTHONY FOULKS.
On Friday morning, the Prosecuting Attorney moved the case of Mark Anthony Foulks, charged with the Murder of his father, Joseph Foulks, at Hanover Furnace, in Pemberton Township, on the 28th day of June, 1861. The following gentlemen composed the Jury in the case: Josephus Sooy, Jr., John C. Milbine, Amos W. Hueston, Samuel W. Evans, William W. Leeds, Charles Wallace, William Glover, Joseph W. Adams, Shreve Antrim, Amos Keeler, Oliver L. Jeffries, David Rogers. The State's Attorney, as in the former case, was assisted in the prosecution, by the Attorney General, F. T. Frelinghuysen, Esq., Ewan Merritt, Esq., appeared for the Prisoner. SAMUEL RHUBART was the first witness sworn--He testified to the following effect: I live at Hanover Furnace; recollect this occurrence; when I got to the scene, I found that Thomas Foulks and the old man had been quarreling: Tom said the old man had been twitting him of wearing his (the father's) clothes out; Mark came out of his house; he said they ought to be ashamed of themselves; all three then went into the house, and I soon heard the row between Tom and Mark; the three came out together and Tom and Mark clinched to fight; the old man clinched in with them; I caught hold of them; the old man said, "Now you see what Mark can do with Tom"; I said, "Never mind--let's get them apart, Tom will kill Mark, he is so drunk;" as quick as Mark got loose, he went to his woodshed, asking for his axe, and when he came out again, he started off by himself and the old man followed him; I started on after them and went some distance before he struck the lick; when he struck, the club came down by his left leg--the end on the ground, as near as I can judge; saw the Defendant strike the deceased; saw the old man fall; Mark said to old man, "You go back and stay there", as near as I can remember; his brother Tom come running to me and wanted my boots; said he would stamp him to death; Mark kept on the way he was going; I wouldn't let Tom have my boots; I walked on after Mark; when I got to him he had turned back; I walked up to him and said, "Mark, throw that stick down, you have killed your daddy"; the answer he made was, "What must I do? The old man and Tom are both at me"; then Tom came again, and he and Mark had another clinch; then I left them--Mark on his hands and knees, I thought, hurt, so he couldn't get up; that was all I saw of Mark that night. I went to the old man afterwards; felt his pulse, and found he was dead; this was a few minutes after he was struck. This occurred on Friday evening, the 28th or 29th of June, about 9 or 10 o'clock. The first clinch was at Mark's wood pile; the houses of Mark and the old man are not far apart--nearly opposite one another. After the first clinch Tom went toward the coal-house; he talked as he went off; can't tell what he said. The old man fell as soon as the blow was struck; (club shown) this was before the Coroner's Jury at Hanover; I saw the club when he struck; can't tell whether it looked like that; the day of the Jury I looked at this club; saw something like hair on it. When Mark and the deceased started off from the house, they were on a walk--Mark by himself--the old man following; I walked along too; was about 25 steps from them when the blow was struck; Mark was not going in the same direction that Tom had gone; the stick was about 3 or 4 feet long, I guess; it looked to me like a black oak club. Joseph was about 60 years old man--a medium sized man. CROSS EXAMINED.—I have known Joseph Foulks 25 years--the boys ever since they grew up; Mark always appeared good enough to the deceased, when they were sober; Mark would do as much for him as any child he had. Mark had been to Egypt that day: he was very drunk in the evening when I saw them--the drunkest of any of them; I don't think he understoood much what he was doing; the old man was in liquor too; Tom had had some liquor, but I guess he was sober. Thomas Foulks (nephew of deceased) I guess got to the body first--I next; did not call Mark; don't know whether Mark knew the old man was killed; he went, I think, to Stacy Pettit's and then to the Big House. To the Court: Mark could not take care of himself; Tom came running from the direction of the Coal house in a few minutes after the blow was struck, and then he and Mark had the second clinch; I think Thomas Foulks (the nephew) had been to Stacy Pettit's for his wife. THOMAS FOULKS SWORN:--the Deceased was my uncle; I was at the Store at Hanover, when I first heard the disturbance; went from there towards Mark Foulks; heard a wrangling when I got near the fence where he lives; Rhubart, Joseph, Thomas and Mark were there; they all moved pretty much together from Mark's house toward Joseph's; Thomas and Mark clinched, and Thomas threw Mark down; with that Joseph clinched in; Mark was at the bottom--Thomas and Joseph on top. Thomas next to Mark; I said, "Thomas, don't choke him, it will make it bad for you, they will hang you if you choke him to death;" he replied he was not choking him; in a little bit they got apart--all stood up; Mark went back towards his house; I understood him to ask "where is my axe ?" The next I noticed, I looked near where I first came up, and saw Joseph and Mark going toward the Store together; I turned my head away from them and soon heard a crack, as if a blow was struck; looked around and saw Joseph on the ground; Mark went on towards the Store; I went up to Joseph's in about a minute or two; called him by name; he made no answer; made a noise like a snore; I put my hand in his breast--felt the heart beat; I was with him four or five minutes; his pulse and heart beat when I left him; as I started towards Stacy Pettit's, I heard Thomas inquire of Rhubart for his boots; said he would stamp Mark to death; then heard Tom inquire for his gun; he started toward where he and his father dwelt; as I went towards Pettit's, Thomas came along and pitched into Mark, and knocked him down; I left him pounding Mark; came back in 15 or 20 minutes to where Joseph lay; Rhubart was there; I asked him if Joseph was gone; said he didn't know; I felt his pulse and think he was gone; I went to Pettit's again; Mark was there by the fence; as I went to get over the steps (stile) somebody said, "Mark has killed his father;" Mark said, "Tommy, is that so ?" I said "I believe it is Mark," he said, "What shall I do?" I said, "I can't tell Mark." Joseph laid till sometime in the night, I believe; and was then taken in the house. After Joseph fell, I noticed a stick of some kind on Mark's shoulder--his hand was down and the stick reached above his head; looked to be 2 or 3 inches wide; don't know where Thomas went after the first clinch; don't recollect that either Rhubart or myself said Mark had killed his father within the hearing of Thomas, before he asked for the boots; the old man laid within sight of Thomas when he asked for the boots. After Mark struck his father, he walked on as before--held his head kind of down; saw him go towards the Store--can't tell how far he went. CROSS-EXAMINED:--It was over half an hour after the old man's death, when I saw Mark at Pettit's; left him outside when I went into the house; understood he was afterwards taken to Samuel Jones' house; when Mark and his father started off toward the Store, Mark was pretty drunk; they were close together. NATHAN F. BISHOP Sworn--I am Manager at Hanover. On the evening spoken of, I was at the Store about dusk; Joseph and Thomas Foulks were there; Joseph was in liquor, enough to affect his speech; Thomas did not seem intoxicated; was informed that Mark had been at Cook's Mills and got drunk. Thomas and his father had some words near the Store; the old man twitted Thomas of living on him, or something of the kind; afterwards at the tea table, about 8 o'clock, heard a noise in the direction of this occurrence--persons talking angrily: some one came in and said a row was commencing; after remaining at table a short time, the noise still continuing, I went out to the fence; heard voice of Thomas Foulks: couldn't tell what he said: at last heard some one say, "I'll teach you to follow me;" thought it was Mark's voice: this was 140 or 150 yards beyond the Store: I could not see the men because of a building intervening and on acount of the darkness; just then heard a dull sound as if on the ground; then heard some one call out, "Mark has killed his father:" afterwards heard Thomas say, "You have killed your father--you have struck him with the pole of the axe--Samuel Rhubart saw you --damn you, I'll kill you:" and then I heard a noise as of some one choking. About half an hour after I heard the blow, I went over to the body; Rihcard Jones, and, I think, Stacy Pettit, was there: Thomas was leaning over the body; afterwards in going by Pettit's, heard a voice like Mark's, say, "How's the old man ? is he killed ? for God's sake, Mr. Bishop,, do all you can to save him:" Mr. Jones and I started for Mark: found him lying on his face by the fence: I told him he must go to the house: he said "I'll be here, you can find me here:" took him over to S. Jones": on the way, he asked me if the old man was dead, or if he had come to, and said, "If I have killed my father, I hope somebody will blow my brains out:" in the kitchen he made a statement to the effect that he didn't know whether he struck his father, or who he struck; if he had killed his father he did not wish to live--would just as leave be hung as not--we needn't fear his getting away; he seemed quite sober; his face was much swollen and bleeding; said he might have struck somebody, he did not know: if he did, the stick would be found. (Witness then explained a map of the premises, which was produced--showing the relative positions of the house, store, &c.) JOHN BARBFORD testified that he shaved the deceased; saw hair on the club exhibited to the Coroner's Jury; it seemed like the hair from the neck of deceased; the wound was made under the left ear. DR. AARON READ made post-mortem examination; found a wound on the left side of the neck, that was the cause of death; the neck was broken. ELIZABETH CAMPION testified that she lived near the Foulks'; heard the sound of the blow and heard Mark say, "Lay there till I pick you up;" the words followed the sound right away. REBECCA CARR Sworn:--Live about 100 yards south-west of Mark's house; heard Thomas tell the old man to go home and go to bed; told Mark he shouldn't hurt the old man; Thomas came out and Mark with him; they clinched; next I heard the blow and the words, "Damn you, lay there till I come back and pick you up." SAMUEL GREEN testified to being present after the death of the old man, and to hearing Mark say, if he had done this deed he was willing to suffer for it. THOMAS FOULKS, Sworn:--I am a son of Joseph Foulks--brother of the prisoner; the first I knew of this fight, I was putting up the horse; Mark's wife came out and halloed to me that Mark and my father were quarrelling in Mark's house; I lived with my father; when I went in, they were quarreling; I rushed in between them; their quarreling made me mad, and I might have been as much to blame as Mark was; we had quarrelled before and had clinches before; we went into the yard; Mark being drunk, he struck me; being so drunk, I was a little too able for him; I put him down; I and my father walked into the field; Mark being in a passion, struck me; by that, me and him went at it, I heard him inquire for something like the axe, but can't say it was the axe; the old man was on us; I suppose he was trying to get us apart; the last that I can remember, was going toward the store; I can't say what became of the old man and Mark; can't tell what I went to the store for; I was not going after anything; can't tell how far I got; don't remember seeing Mark after that; I fetched a gun out of the house and threw it on the wood-pile; this was after father was killed; it had not been loaded for two weeks; I don't remember anything afterwards. Don't remember seeing father till next morning. I slept at home, as I found myself there in the morning; that night, Samuel Rhubart told me that my father was killed; can't tell where I went after that; it was between the store and where we live, that he told me; I did not hear the blow. CROSS-EXAMINED:--Mark had been to Egypt and Cook's Mills; father had been with him; he came home without Mark; I went after Mark to bring him home, about sunset: he was at Hartshorne's Mill, about a mile from Hanover; Mark was then not able to take care of himself; he was so drunk, coming down from the Mill, he had fits; was pretty well in liquor when he got home; I undertook to put up the horse, but did not do it; the row commenced while I was at it. The feeling between father and Mark was good; there was no ill-feeling between me and Mark. To the Attorney General:--Can't tell what kind of fits those were that Mark had; had one and fell off under the wagon; I did not do anything for him; Mark and I had not clinched before, that night; had not heard Mark make threats against father. I can't tell when I went to bed. This closed the testimony. Counsel then proceeded to sum up. The efforts of Defendant's Counsel were directed to showing that by the law and the evidence in the cause, the prisoner could only be convicted of Manslaughter, or at most Murder in the Second Degree. The case was submitted to the Jury, under the charge of the Court, at 7 o'clock on Friday evening. Within half an hour afterwards they had agreed upon a verdict of Guilty of Murder in the Second Degree. SENTENCE OF THE HOMICIDES. At 8 o'clock on Saturday morning, the two prisoners--William Riker and Mark Anthony Foulks--were brought in for sentence. Riker was sentenced to confinement in the State Prison, for six years--Foulks for seven. Judge Elmer, before pronouncing sentence, addressed each of the unfortunate men briefly, in appropriate terms. To Riker, he said that in view of the evidence which the Court had had of his previous good character for peacefulness, and in view of the provocation which he had probably received for the commission of the deed of which he had been convicted, the Court were disposed to be more lenient than they would otherwise have been. He remarked to Foulks, that the Court had taken into consideration the bad example which had doubtless been set him, from his earliest youth, by him against whom he had raised his parricidal hand. He might attribute the sad position in which he found himself to the habitual use of intoxicating drink. The Judge abjured them both to improve the time they would now have for reflection and repentance, and to look for pardon and forgiveness to that Higher Power, who alone can grant full absolution for all sin. Considering the importance of these two cases--the indictments in each, rendering the accused liable to a conviction of Murder in the First Degree, which would involve the penalty of death--remarkably little public interest was manifested in the Trials. During the speech of the Attorney General, in the case of Riker, on Wednesday afternoon, the Court-room was well filled, but at no other time was there more than a very ordinary attendance. Both the unfortunate men have conducted themselves in an exemplary manner during their confinement in jail--Foulks especially evidencing deep penitence and contrition--and the verdict in each case appeared to give general satisfaction.
July 4, 1861
Local Facts and Fancies. / HOMICIDE.
A man named Mark Anthony Foulks, living at Hanover Furnace, was brought to Jail, on Saturday morning, for killing his father on Friday night
(June 28, 1861). The particulars of this unfortunate affair, as we have learned them, are as follows: The prisoner, with his brother and father, had been to Wrightstown, where they received their pay for their week's labor, and procured, among other things, a supply of liquor, intending to have a grand frolic on the following day and Sunday. They drank several times on their way home, getting considerably intoxicated, and upon reaching the premises, a quarrel arose between the two brothers, and they had a severe fight.--The prisoner, after a hard struggle, threw his brother down, and proceeded to the house for an axe. Not finding one, he soon came back, when his brother had gone--but seeing his father approaching, he picked up a piece of slab, and struck him upon the head, knocking him down, killing him almost instantly. The prisoner is from thirty to thirty-five years of age, is a rough looking character, and has every appearance of being severely handled in the conflict with his brother--his face and head being much bruised. He states that he has no recollection of striking his father, and was much affected when, in his sober moments, he learned of his death, and fully realized his own dreadful situation. He says that he remembers the fight with his brother, and leaving him and going to the house, but knows nothing of what occurred afterward. It is not probable that he had any intention of killing his father, and perhaps was unconscious of striking him. It is not unlikely, however, that when he returned from the house, where it is said he had been for the axe--in the darkness, and being somewhat stupefied by liquor--he mistook his father for his brother, and at once gave him the fatal blow. It is a most unfortunate occurrence and may be attributed entirely to the excessive use of Rum!
July 11, 1861
Local Facts and Fancies. / THE HOMICIDE AT HANOVER
In addition to the statement in our last paper, of the Homicide at Hanover Furnace, we have heard that the two brothers were in the habit of quarreling and fighting, quite frequently -- the one now in prison, being much the strongest, always came off victor -- and that the younger one, years ago, looked anxiously forward to the time when he would himself be able to triumph and no longer have any fears of the powerful frame and brawny arms of his older brother. On the recent occasion, it is said that after the younger one had been thrown down, the other ran in search of a weapon, but finding none, returned, and seeing his brother running off, started in pursuit of him. The father then endeavored to persuade him to let his brother alone, when he picked up a club or piece of board and gave his father the fatal blow. The younger brother, when he found that his father was killed, became perfectly frantic, and seeming to be possessed with almost superhuman power, attacked his brother and gave him a terrible pummeling. In fact, to all appearance, he was entirely powerless in his infuriated grasp--and it is believed that had they not been separated, he would have been killed. His face and head were covered with blood, and when brought to prison, presented a frightful aspect, looking as though he had been roughly handled by a "champion of the ring." We doubt not that the evidence in the case, will reveal a deplorable state of morals, as existing among them for many years, all doubtless, arising from the constant and excessive use of rum.
September 26, 1861
Local Facts and Fancies. / TRIAL OF WILLIAM RIKER, CHARGED WITH MURDER.
(last sentence in a longer piece regarding a different murder trial) ..... The Trial of Mark Anthony Foulks, the Hanover Furnace Parricide, is set down for Friday.
October 3, 1861
Local Facts and Fancies. / COURT OF OYER AND TERMINER. / VERDICT IN THE CASE OF WM. RIKER--TRIAL OF FOULKS, THE PARRICIDE. / THE STATE VS. MARK ANTHONY FOULKS.
On Friday morning, the Prosecuting Attorney moved the case of Mark Anthony Foulks, charged with the Murder of his father, Joseph Foulks, at Hanover Furnace, in Pemberton Township, on the 28th day of June, 1861. The following gentlemen composed the Jury in the case: Josephus Sooy, Jr., John C. Milbine, Amos W. Hueston, Samuel W. Evans, William W. Leeds, Charles Wallace, William Glover, Joseph W. Adams, Shreve Antrim, Amos Keeler, Oliver L. Jeffries, David Rogers. The State's Attorney, as in the former case, was assisted in the prosecution, by the Attorney General, F. T. Frelinghuysen, Esq., Ewan Merritt, Esq., appeared for the Prisoner. SAMUEL RHUBART was the first witness sworn--He testified to the following effect: I live at Hanover Furnace; recollect this occurrence; when I got to the scene, I found that Thomas Foulks and the old man had been quarreling: Tom said the old man had been twitting him of wearing his (the father's) clothes out; Mark came out of his house; he said they ought to be ashamed of themselves; all three then went into the house, and I soon heard the row between Tom and Mark; the three came out together and Tom and Mark clinched to fight; the old man clinched in with them; I caught hold of them; the old man said, "Now you see what Mark can do with Tom"; I said, "Never mind--let's get them apart, Tom will kill Mark, he is so drunk;" as quick as Mark got loose, he went to his woodshed, asking for his axe, and when he came out again, he started off by himself and the old man followed him; I started on after them and went some distance before he struck the lick; when he struck, the club came down by his left leg--the end on the ground, as near as I can judge; saw the Defendant strike the deceased; saw the old man fall; Mark said to old man, "You go back and stay there", as near as I can remember; his brother Tom come running to me and wanted my boots; said he would stamp him to death; Mark kept on the way he was going; I wouldn't let Tom have my boots; I walked on after Mark; when I got to him he had turned back; I walked up to him and said, "Mark, throw that stick down, you have killed your daddy"; the answer he made was, "What must I do? The old man and Tom are both at me"; then Tom came again, and he and Mark had another clinch; then I left them--Mark on his hands and knees, I thought, hurt, so he couldn't get up; that was all I saw of Mark that night. I went to the old man afterwards; felt his pulse, and found he was dead; this was a few minutes after he was struck. This occurred on Friday evening, the 28th or 29th of June, about 9 or 10 o'clock. The first clinch was at Mark's wood pile; the houses of Mark and the old man are not far apart--nearly opposite one another. After the first clinch Tom went toward the coal-house; he talked as he went off; can't tell what he said. The old man fell as soon as the blow was struck; (club shown) this was before the Coroner's Jury at Hanover; I saw the club when he struck; can't tell whether it looked like that; the day of the Jury I looked at this club; saw something like hair on it. When Mark and the deceased started off from the house, they were on a walk--Mark by himself--the old man following; I walked along too; was about 25 steps from them when the blow was struck; Mark was not going in the same direction that Tom had gone; the stick was about 3 or 4 feet long, I guess; it looked to me like a black oak club. Joseph was about 60 years old man--a medium sized man. CROSS EXAMINED.—I have known Joseph Foulks 25 years--the boys ever since they grew up; Mark always appeared good enough to the deceased, when they were sober; Mark would do as much for him as any child he had. Mark had been to Egypt that day: he was very drunk in the evening when I saw them--the drunkest of any of them; I don't think he understoood much what he was doing; the old man was in liquor too; Tom had had some liquor, but I guess he was sober. Thomas Foulks (nephew of deceased) I guess got to the body first--I next; did not call Mark; don't know whether Mark knew the old man was killed; he went, I think, to Stacy Pettit's and then to the Big House. To the Court: Mark could not take care of himself; Tom came running from the direction of the Coal house in a few minutes after the blow was struck, and then he and Mark had the second clinch; I think Thomas Foulks (the nephew) had been to Stacy Pettit's for his wife. THOMAS FOULKS SWORN:--the Deceased was my uncle; I was at the Store at Hanover, when I first heard the disturbance; went from there towards Mark Foulks; heard a wrangling when I got near the fence where he lives; Rhubart, Joseph, Thomas and Mark were there; they all moved pretty much together from Mark's house toward Joseph's; Thomas and Mark clinched, and Thomas threw Mark down; with that Joseph clinched in; Mark was at the bottom--Thomas and Joseph on top. Thomas next to Mark; I said, "Thomas, don't choke him, it will make it bad for you, they will hang you if you choke him to death;" he replied he was not choking him; in a little bit they got apart--all stood up; Mark went back towards his house; I understood him to ask "where is my axe ?" The next I noticed, I looked near where I first came up, and saw Joseph and Mark going toward the Store together; I turned my head away from them and soon heard a crack, as if a blow was struck; looked around and saw Joseph on the ground; Mark went on towards the Store; I went up to Joseph's in about a minute or two; called him by name; he made no answer; made a noise like a snore; I put my hand in his breast--felt the heart beat; I was with him four or five minutes; his pulse and heart beat when I left him; as I started towards Stacy Pettit's, I heard Thomas inquire of Rhubart for his boots; said he would stamp Mark to death; then heard Tom inquire for his gun; he started toward where he and his father dwelt; as I went towards Pettit's, Thomas came along and pitched into Mark, and knocked him down; I left him pounding Mark; came back in 15 or 20 minutes to where Joseph lay; Rhubart was there; I asked him if Joseph was gone; said he didn't know; I felt his pulse and think he was gone; I went to Pettit's again; Mark was there by the fence; as I went to get over the steps (stile) somebody said, "Mark has killed his father;" Mark said, "Tommy, is that so ?" I said "I believe it is Mark," he said, "What shall I do?" I said, "I can't tell Mark." Joseph laid till sometime in the night, I believe; and was then taken in the house. After Joseph fell, I noticed a stick of some kind on Mark's shoulder--his hand was down and the stick reached above his head; looked to be 2 or 3 inches wide; don't know where Thomas went after the first clinch; don't recollect that either Rhubart or myself said Mark had killed his father within the hearing of Thomas, before he asked for the boots; the old man laid within sight of Thomas when he asked for the boots. After Mark struck his father, he walked on as before--held his head kind of down; saw him go towards the Store--can't tell how far he went. CROSS-EXAMINED:--It was over half an hour after the old man's death, when I saw Mark at Pettit's; left him outside when I went into the house; understood he was afterwards taken to Samuel Jones' house; when Mark and his father started off toward the Store, Mark was pretty drunk; they were close together. NATHAN F. BISHOP Sworn--I am Manager at Hanover. On the evening spoken of, I was at the Store about dusk; Joseph and Thomas Foulks were there; Joseph was in liquor, enough to affect his speech; Thomas did not seem intoxicated; was informed that Mark had been at Cook's Mills and got drunk. Thomas and his father had some words near the Store; the old man twitted Thomas of living on him, or something of the kind; afterwards at the tea table, about 8 o'clock, heard a noise in the direction of this occurrence--persons talking angrily: some one came in and said a row was commencing; after remaining at table a short time, the noise still continuing, I went out to the fence; heard voice of Thomas Foulks: couldn't tell what he said: at last heard some one say, "I'll teach you to follow me;" thought it was Mark's voice: this was 140 or 150 yards beyond the Store: I could not see the men because of a building intervening and on acount of the darkness; just then heard a dull sound as if on the ground; then heard some one call out, "Mark has killed his father:" afterwards heard Thomas say, "You have killed your father--you have struck him with the pole of the axe--Samuel Rhubart saw you --damn you, I'll kill you:" and then I heard a noise as of some one choking. About half an hour after I heard the blow, I went over to the body; Rihcard Jones, and, I think, Stacy Pettit, was there: Thomas was leaning over the body; afterwards in going by Pettit's, heard a voice like Mark's, say, "How's the old man ? is he killed ? for God's sake, Mr. Bishop,, do all you can to save him:" Mr. Jones and I started for Mark: found him lying on his face by the fence: I told him he must go to the house: he said "I'll be here, you can find me here:" took him over to S. Jones": on the way, he asked me if the old man was dead, or if he had come to, and said, "If I have killed my father, I hope somebody will blow my brains out:" in the kitchen he made a statement to the effect that he didn't know whether he struck his father, or who he struck; if he had killed his father he did not wish to live--would just as leave be hung as not--we needn't fear his getting away; he seemed quite sober; his face was much swollen and bleeding; said he might have struck somebody, he did not know: if he did, the stick would be found. (Witness then explained a map of the premises, which was produced--showing the relative positions of the house, store, &c.) JOHN BARBFORD testified that he shaved the deceased; saw hair on the club exhibited to the Coroner's Jury; it seemed like the hair from the neck of deceased; the wound was made under the left ear. DR. AARON READ made post-mortem examination; found a wound on the left side of the neck, that was the cause of death; the neck was broken. ELIZABETH CAMPION testified that she lived near the Foulks'; heard the sound of the blow and heard Mark say, "Lay there till I pick you up;" the words followed the sound right away. REBECCA CARR Sworn:--Live about 100 yards south-west of Mark's house; heard Thomas tell the old man to go home and go to bed; told Mark he shouldn't hurt the old man; Thomas came out and Mark with him; they clinched; next I heard the blow and the words, "Damn you, lay there till I come back and pick you up." SAMUEL GREEN testified to being present after the death of the old man, and to hearing Mark say, if he had done this deed he was willing to suffer for it. THOMAS FOULKS, Sworn:--I am a son of Joseph Foulks--brother of the prisoner; the first I knew of this fight, I was putting up the horse; Mark's wife came out and halloed to me that Mark and my father were quarrelling in Mark's house; I lived with my father; when I went in, they were quarreling; I rushed in between them; their quarreling made me mad, and I might have been as much to blame as Mark was; we had quarrelled before and had clinches before; we went into the yard; Mark being drunk, he struck me; being so drunk, I was a little too able for him; I put him down; I and my father walked into the field; Mark being in a passion, struck me; by that, me and him went at it, I heard him inquire for something like the axe, but can't say it was the axe; the old man was on us; I suppose he was trying to get us apart; the last that I can remember, was going toward the store; I can't say what became of the old man and Mark; can't tell what I went to the store for; I was not going after anything; can't tell how far I got; don't remember seeing Mark after that; I fetched a gun out of the house and threw it on the wood-pile; this was after father was killed; it had not been loaded for two weeks; I don't remember anything afterwards. Don't remember seeing father till next morning. I slept at home, as I found myself there in the morning; that night, Samuel Rhubart told me that my father was killed; can't tell where I went after that; it was between the store and where we live, that he told me; I did not hear the blow. CROSS-EXAMINED:--Mark had been to Egypt and Cook's Mills; father had been with him; he came home without Mark; I went after Mark to bring him home, about sunset: he was at Hartshorne's Mill, about a mile from Hanover; Mark was then not able to take care of himself; he was so drunk, coming down from the Mill, he had fits; was pretty well in liquor when he got home; I undertook to put up the horse, but did not do it; the row commenced while I was at it. The feeling between father and Mark was good; there was no ill-feeling between me and Mark. To the Attorney General:--Can't tell what kind of fits those were that Mark had; had one and fell off under the wagon; I did not do anything for him; Mark and I had not clinched before, that night; had not heard Mark make threats against father. I can't tell when I went to bed. This closed the testimony. Counsel then proceeded to sum up. The efforts of Defendant's Counsel were directed to showing that by the law and the evidence in the cause, the prisoner could only be convicted of Manslaughter, or at most Murder in the Second Degree. The case was submitted to the Jury, under the charge of the Court, at 7 o'clock on Friday evening. Within half an hour afterwards they had agreed upon a verdict of Guilty of Murder in the Second Degree. SENTENCE OF THE HOMICIDES. At 8 o'clock on Saturday morning, the two prisoners--William Riker and Mark Anthony Foulks--were brought in for sentence. Riker was sentenced to confinement in the State Prison, for six years--Foulks for seven. Judge Elmer, before pronouncing sentence, addressed each of the unfortunate men briefly, in appropriate terms. To Riker, he said that in view of the evidence which the Court had had of his previous good character for peacefulness, and in view of the provocation which he had probably received for the commission of the deed of which he had been convicted, the Court were disposed to be more lenient than they would otherwise have been. He remarked to Foulks, that the Court had taken into consideration the bad example which had doubtless been set him, from his earliest youth, by him against whom he had raised his parricidal hand. He might attribute the sad position in which he found himself to the habitual use of intoxicating drink. The Judge abjured them both to improve the time they would now have for reflection and repentance, and to look for pardon and forgiveness to that Higher Power, who alone can grant full absolution for all sin. Considering the importance of these two cases--the indictments in each, rendering the accused liable to a conviction of Murder in the First Degree, which would involve the penalty of death--remarkably little public interest was manifested in the Trials. During the speech of the Attorney General, in the case of Riker, on Wednesday afternoon, the Court-room was well filled, but at no other time was there more than a very ordinary attendance. Both the unfortunate men have conducted themselves in an exemplary manner during their confinement in jail--Foulks especially evidencing deep penitence and contrition--and the verdict in each case appeared to give general satisfaction.
