Examination of Robert S. Forde,
charged with the murder of Robert R. Dixon
[reported for the Richmond Dispatch] Hustings Court, June 9, 1863
--Present: Recorder Caskie, and Aldermen Sanxay, Gwathmey, Timberlake, and Jonse.
The first case taken up was that of Robert S. Forde, on the charge of shooting and killing Robert E. Dixon, in this city, on the 24th day of April last.
Messrs. Randolph and Crump appeared for the accused, and Mr. R. T. Daniel for the Commonwealth.
Dr. Peachy was the only witness for the Commonwealth ascertained to be absent.
Several witnesses for the defence were not present.
Gen. Randolph, prisoner's counsel, asked a postponement until Thursday, to afford time to hunt up witnesses believed to be in the city.
The Court refused to continue the case, but sent an officer after absent witnesses.
The witnesses for the Commonwealth were then sworn.
Washington Goodrich was the first witness, who deposed: That on the 24th day of April he met Dixon on the corner of Main and 12th streets; was called aside by him and asked if he had not been standing on the corner of 10th and Bank streets with Forde and some other gentleman.
Witness replied he did not knew Forde.
Some further conversation took place; he recollected who Dixon meant by Forde, and deceased told him that he had discharged Forde, and would have taken him back but for threats made in a letter written him; Dixon told witness he did not desire to spill any man's blood, but did not wish to be killed himself; he than asked witness to take a drink with him, which he did, and when the party came into the street again another gentleman was met, when Mr Dixon asked witness to take another drink with him, which was declined; Dixon went in and took another drink; after he came out again we walked together to Jack O'Connell, corner of Bank and 10th streets, where we took another drink together; we then came out of O'Donnell and stood on the corner; witness was facing towards Main street, and whilst talking some one shouted "Look out, Goodrich," and turning round, saw Forde on the sidewalk of the north side of Bank street, near the gate of the Capitol Square; Forde was armed with a navy revolver, which he pointed at Dixon and fired.
During the firing Forde advanced some three feet towards the middle of the street, on the curb; Dixon did not advance, according to recollection of witness; did not leave pavement until he fell; staggering to the right, he fell in the gutter, near the door of the Christian Association.
O'Donnell and Mr. Knox were on the corner while witness and Dixon were conversing, and he thought they were there during the shooting, but when he looked round they had all left.
Cross examined.--When Dixon came to me and asked with reference to Forde, I do not know that he was hunting for him; he said he had just been told by one of the pages at the House that Forde, myself and others had been on the corner together; he said he was in the Hall of the House of Representatives when he was informed by the page; he inquired of me whether Forde had said anything about him; I told him Forde had not spoken his name; advised deceased not to have any difficulty, but to go and have Forde arrested; Dixon's reply was, "Well, come and take a drink;" this, I think, was near 12 o'clock in the day; if Forde had remained where he was when the page saw him he would have been met by Dixon; Dixon did not tell me he came down there with a view to meet Forde; he said he had been informed by the page that Jack O'Donnell, Wash Goodrich, Major Harris, and Forde, were standing on the corner together; he had come down to see if Forde had been talking about him; and that he (Dixon) was prepared for Forde — that he was fixed, and wound up by saying "let's take a drink;" here the conversation was ended.
The first knowledge I had of Forde's presence some one yelled out, "Look out, Wash; you'll get shot." I turned and saw Forde advancing from the fence around Capitol Square to the flagging; he had a drawn pistol in his hand; raised is and pointed it at Dixon; when first seen by me he was on the sidewalk, near the curbstone; did not hear anything said by Forde; he may have spoken, but I did not hear him; I was busy shouting to them to stop; when the first shot was fired he had just reached the curbstone; don't know whether Dixon saw Forde before I did; both began firing; the first shot I saw fired was from Forde's pistol; cannot tell the interval between shots; I have never said Dixon fired the first shot; don't think I ever said I could not tell who fired the first shot; don't know what might have been said by me in conversation, but I am on my oath now; I know what I say and what I am talking about; when I am sworn I know what I am swearing to; believe Forde fired the first shot; don't know how many shots were fired; did not think they fired seven times out of a six-barrelled pistol; Dixon's revolver snapped once or twice, and he drew a Derringer; he then staggered and fell; as he was cocking the Derringer he fell; Dixon moved about whilst firing was going on; Forde advanced some four steps in the street; when Dixon fell, he returned to the sidewalk; some one told Forde to get away from there; went over to arrest him; be was cool, and said to me, "I surrender;" Dixon did not apply to me to look out for Forde; he did not visit Manassas Hall to look for Forde; I believe he went there to get a drink; I have heard that it was Mr. Clarke who called out "look out, Wash; " there might have been half an hour from the time when Forde was on the corner till Dixon came down from the Capitol; had Dixon fired first, I think be would have hit me in the back of the head; I got between them, in the hope that the fear of hitting others would cause them to cease shooting.
James E Goodwin was the next witness sworn.--His evidence with reference to the shooting was, in substance — As Dixon and myself were about to start from corner near Manassas Hall, saw Mr. Quarles and Forde coming towards the gate leading out of Capitol Square; observed that as Forde came out of the gate he drew a pistol from beneath his overcoat, and advancing to curbstone, opposite corner where Dixon was, he placed his right foot against the curbstone and stoop with his left foot on the flagging leading across the street; he raised his pistol and cried out, "Dixon, are you ready," and fired; about the time or a little before he fired the third time, Dixon fired; Dixon's pistol then snapped twice, and after that he threw it down and drew a Derringer; whilst cocking the Derringer be staggered to the right and fell; Dixon did not draw his pistol until Forde had fired twice.
In his cross-examination, the witness adhered to the statements above given, but nothing further in the way of testimony was elicited.
Dr. Beale deposed: He described the body of Dixon as he saw it after he was dead, as also the character of the wound.
John T. Quarles deposed: On the day of the shooting came out of Capitol Square, and about the same time a gentleman passed through same gate; I passed down 10th street; had gone but a short distance when I was startled by report of pistol; turned and saw a man standing on north side of Bank street--one foot on the flagging, the other in the mud; he had a pistol raised in his hand; saw him fire twice; heard a fourth report — saw a man come from the south corner of Bank street, and being within direct range of the firing I jumped into the back yard at Manassas Hall, don't know who fired fourth shot; stayed in back yard short time; came out and went round to front of the building; where I found a crowd gathered round Dixon's body, who was then dead; am confident the man whom I saw fire was fully two paces from the curbstone--one foot on flagging and the other in the mud; this I am confident of, if ever confident of anything; saw one man fire three times, and heard fourth report, but can't say who fired the pistol; don't know who fired the first shot.
John A. Bowen deposed: Was near the Treasury building; heard report of a pistol; saw the prisoner standing on the north side of Bank street, across from Manassas Hall; from direction of report and the smoke was induced to believe that the pistol was fired by the man on the north side of the street; there were in quick succession several reports; did not see Dixon till I had proceeded further up street; he was then near the window of Manassas Hall; he was near there when Forde's last shot was fired; saw Dixon fire twice, to my recollection; Forde fired three times and snapped.
The cross-examination of this witness was somewhat protracted, but no additional facts to those above given elicited.
--Cardozo deposed.--This witness did not see the shooting.
His testimony consisted of a detailed account of one or two interviews with Dixon a short time prior to his death, in which deceased made allusion to the letter received from Forde.
Deceased told him on the morning of the shooting that Forde was hunting him, and said he would reinstate him but for the threat in the letter.
In his cross examination the witness stated that Dixon had on Thursday evening two small pistols and a bowie knife.
On Friday morning he got from witness's store a pair of Derringer pistols; was also armed with a double-barrel shot gun; witness supposed to defend himself in case of an attack in the store.
The Court then, at quarter to 3 o'clock, took a recess till half-past 4 o'clock.