The Henrico Homicide--preliminary examination of Joseph Bernard, for the murder of John O. Taylor.
--The preliminary examination of
Joseph Bernard, charged with the murder of
John O. Taylor,
Esq., took place yesterday, before
Justice Lee, at the
County Court-House.
The prisoner, who is an old man, sat by his counsel,
James Lyons and
A. Judson Crane, Esqs., and listened attentively to the testimony, but his countenance betrayed no emotion.
It is stated that his health is considerably impaired.
John B. Young,
Esq., was present, on behalf of the
Commonwealth.
Two witnesses were examined.
who testified substantially as follows:
Wm. A. Barnett, sworn.--On the 11th day of the present month, (January,) I was at work for
Mr. Taylor, on a new barn, at the farm which he purchased of
Bernard.
Between 12 and 1 o' clock,
Mr. Taylor came up, and was helping me. Later in the evening,
Thornton Carter came there.
Between 4 and 5 o'clock
Joseph Bernard came along, and turned his horse loose in the stable yard.--
Taylor said good evening
Major Bernard--how are you this evening?
Bernard did not return the salutation, but said, did you move that plank from the hog pens?
Taylor said he did
Bernard asked what he had done with it?
and
Taylor replied that he had piled it up behind the barn.
Bernard then said, well, you had no right to do it — I don't wish you to interfere with anything on my premises.
He further said, you sent that girl away this morning.
Taylor said, he did.
Bernard then threatened to prosecute him.
Mr. Taylor requested him to go away — that he did not want any difficulty with him.
Bernard kept on talking, and
Taylor said, if you don't go away I will ‘"frail"’ you.
Bernard afterwards repeated his threat of prosecuting, accompanying it with the words ‘"d — d infernal scoundrel,"’ and then moved off at a brisk pace.
Taylor started after him, and
Bernard turned and cut at him with a knife.
They then went towards the house, out of my sight, and in about two minutes I heard the report of a pistol.
Thornton Carter said somebody was shot.
We hastened around, and I saw
Taylor lying on the ground, while
Bernard stood in the door, four or five feet from him, with a pistol in his hand.
He pointed the pistol at us, and said, stand back — I will kill every one of you. He then pointed the pistol at
Mr. Taylor, and I said, the man is dead already; are you going to shoot him after he is dead?--
Bernard replied, if he ain't dead he shall die, and I will be hung for him. I then raised
Taylor up, and some one suggested that he be carried into the house.
Bernard said he should not be brought in there.
We after wards got the buggy and carried
Mr. Taylor away.
Joseph Thomas, sworn.--On the 11th of January I was at work for
Mr. Taylor, when
Bernard came there and asked
Taylor what he had done with the plank.
Paid little attention to what passed between them.
Soon after they went towards the house, I heard the report of a pistol, and the remark was made that somebody was shot.
We went around; the others got there before me, and
Barnett was raising
Taylor up. Heard
Barnett ask
Bernard not to shoot any more.
Bernard replied that if he was not dead he would kill him, if he was hung for it.
This witness could state none of the conversation that passed between
Taylor and
Bernard, and nothing else of importance was elicited in his testimony.
He did not see the knife nor hear any threats.
Mr. Young submitted a statement made before the inquest, by
A. Thornton Carter.
After stating the reason of the absence of this witness, he read the paper, as follows:
On the 11th day of January I was passing the farm purchased by
Mr. Taylor from
Joseph Bernard, and saw
Mr. Taylor there, at the new stable.
Found
William Barnett and a negro man with him.
Mr. Taylor was in an unusual flow of good spirits.
Shortly after,
Mr. Thomas came up. Saw
Bernard's mare come into the wheat field.
Taylor said to
Thomas, run, Joe, and shut that gate.
He did so. He then started back to the new stable.
Mr. Bernard followed on behind him, walking hurriedly.
He came around the new stable, walking up to the face of
Mr. Taylor.
Taylor said, how are you,
Maj. Bernard?
Bernard made no reply.
I turned and looked at
Bernard and saw that he was in a violent passion.
Bernard asked
Taylor if he had that plank removed from the hog pen.
Taylor said he did.
Bernard said, what did you do with it?
Taylor said, I had it packed up round there by the barn.
Bernard said, very well — you did, sir. Now, sir, by what authority did you send that negro girl Violet away?
Taylor said there was no room here for her. I have sent her home to her mistress, according to promise.
Bernard said, I will prosecute you forthwith.
I mean to institute suit; and,
Mr. Carter, I make you a witness.
He repeated the same thing a second time, and charged me to take notice.
Bernard said, I don't want you interfering with my business on my premises.
Taylor said to him, you had better go to the house and let me and mine alone.
Bernard started off from the back door of the stable into the road — cursing and muttering something so indistinct that I could not hear it. --I went to the corner of the building and heard him distinctly say you damned infernal scoundrel.
Taylor started after him. On getting near him
Taylor said, I don't mean to have any of this foolishness here.
Bernard said to him, stand.
Bernard then cut at
Taylor twice.
Taylor stepped up to him and raised up his open hand, and touched him lightly on the shoulder; his hand falling down touched
Bernard lightly on the coat sleeve.
Taylor said —
Major, what is the matter with you?--you had better go on to the house.
Bernard said something in a low tone of voice which I could not hear, but thought it was an adjustment of the quarrel. --They went in the house together, about half-past 4 o'clock--
Taylor a little in advance.
There was no loud talking or quarreling
en route for the house between them.
I suppose the distance from the new stable to the house to be about 90 yards. As soon as they got behind the kitchen, not more than two minutes at the outside could have expired, before I heard a report of a pistol in that direction.
I said to
Barnett and
Thomas that somebody was shot.
We all three put out for the house — I was a little in advance.
On entering the yard, saw
Taylor lying flat of his back on the ground about four feet from the door of the house, next to the kitchen;
Bernard standing in the door, about eighteen inches above the ground, with a five shooter in his hand, aiming down at
Taylor; when coming up close to him, he presented the pistol to my face, and told me to stand back, or I will kill you every one.
I said to him, put that thing up, you old villain — you have done enough.
Barnett said, you have already killed him; are you going to shoot a man when he is down on the ground?
Bernard said, I done it, and I will be hung for him; and meant to do it. I said to
Barnett, hold his head up straight.
I got down on my knees before
Taylor, and asked him where he was shot?
Taylor said, oh, my friend, in my belly — at the same time putting his hand on his belly.
I said to
Barnett, let us take him in the house.
Jos. Barnard said, you shan't bring him in here — at the same time maintaining his position in the door with the pistol in hand.
I immediately went after the buggy.
Thomas,
Barnett and myself, with the negro man, put him in the buggy and drove off. A.
Thornton Carter.
Mr. Young made a statement in effect that on the night of the 11th January his overseer came to his house and informed him that
Mr. Taylor had been shot by
Joseph Bernard.
He immediately dispatched the overseer for
Justice Burton, while he went to the mill house, where, he had been informed,
Mr. Taylor was carried, being unable to proceed to his own residence.
He found him under the care of physicians, and suffering greatly.
Hearing
Mr. Taylor say he must die, he asked him for a statement of the whole affair, which
Mr. Young wrote down.
After it was finished, he asked
Mr. Taylor to say, as a dying man, whether the statement was true.
Mr. Taylor replied that it was.
Mr. Young made a request that the paper be again read to
Mr. Taylor before his death, and he now asked
Mr. Fendall Griffin if the request was complied with.
Mr. Griffin replied, that it was the night before he died; that
Mr. Taylor said it was literally true — he had nothing to add to, nor anything to take from it.
Mr. Young then read the
Dying statement of
Mr. Taylor.
‘
"
Bernard came there to the stable and asked me if I sent that girl Violet away.
I told him I told her she had no business there — to get her clothes and go to her mistress — that her mistress had written to me please to send her to her. I told her I would send her and all the furniture.
That is what
Bernard told me to tell her. This was after the sale.
He said that if I did not bring her back to-morrow morning he would sue me for her. I told him to go away — that I had nothing to do with the girl — that I told her to go to her mistress.
He commenced then and said that I had no business there myself — or something of that sort.
I told him, go away from here,
Mr. Bernard, and don't interrupt me; I have not said anything to you. Well, he continued to talk, and I told him to go away — if he did not I would thrash him — or something of that sort — if he did not let me alone.
He started off then, I think, in a sort of a run. I went off, too, after him. I think I ran a few steps and caught him. I did not touch him. I picked up a little cedar brush, but did not strike him at all. Then we went on together to the house.
I went in at the door next to the kitchen, and he went round to the front door.
I took a little bed belonging to Lizzy — a girl I had bought from him, and then in my house — and I asked Margaret if those were Lizzy's bed-clothes.
She said they were.
I told her to tell Elisha to carry them home to her. By the time the word got out of my mouth — I had turned towards the kitchen to call her to tell Margaret about the clothes — I heard
Mr. Bernard coming down the passage.
I was then about 6 or 8 feet from the door in the yard.
I mean the door opposite the kitchen, (I had not moved at all.) B. ran up and said I mean to kill you, or shoot you.
I don't recollect which, and stood right in the door, I said,
Mr. Bernard, what in the world is the matter with you?
Don't do that, for God's sake?--The word had not got out of my month before he shot me. He had the pistol pointing right at my breast — he was about six or eight feet from me — I in the yard and he in the door.
I fell at once.--Bill
Barnett and
Carter ran up. I heard
Barnett say, what on earth are you going to do,
Bernard?
Are you going to kill a man on the ground?
or shoot a man when he is dead?--or something of that sort.
He had the pistol cocked and presented right at me. He did not make any reply to this. --
Barnett ran right in and he and
Carter took me up. I did not strike him at all at any time.
I had nothing in my hand when he shot me. I had took up the little bed and brought it out and dropped it down.
The time I had the cedar brush in my hand, was away out near the stable.
I think when I overtook him I took hold of him — I think of his coat or arm — but did not strike him at all.--He pulled loose.
We then went on to the house together, as stated."
’
No further testimony was introduced for the
Commonwealth, and the counsel for the prisoner did not desire to make any defence at this time.
The magistrate then remanded the prisoner, to be examined before the
County Court at the February term.
