Andrew Tracy Trial
McKean County, 1879

As we went to press last week a dispatch had just been received by Sheriff King that Tracy, the suspected murderer of Miss Reilly, had been captured at Portville. The sheriff started for that place with deputy on the 2 p.m. train and returned with the prisoner on the 9 o’clock train, having persuaded him to come over the state line without requisition. An angry and threatening crowd was at the depot on the arrival of the train, but by skillful management, for which the sheriff deserves great credit. The prisoner was smuggled from the train into a waiting carriage and was nearly to the jail before the infuriated crowd knew its prey had escaped. The party most anxious to get within the enclosure of the jail was Tracy.

The manner of the capture was purely accidental. He was seen and recognized at Portville by an agent of the Barnes and Bancroft & Co. of Buffalo, who had made his acquaintance in this place. Securing the aid of a constable he had him arrested and telegraphed to the sheriff. Had not this agent fortunately been in Portville at the time it is probable that Tracy would have yet been at large

Below we give the evidence before the coroner’s jury, from which the verdict we heard someone walking after us very fast. He kept walking close behind us until we came in front of our house. I was walking next to the street, Mary Reilly on my right side. I had her arm. My arm was in her arm… I heard a pistol shot. It was close to my head. I think the pistol was at the side of my head. I fell down with the shock. As I was getting up I saw a man running across the street towards B. D. Hamlin’s house. I noticed nothing peculiar except that he was running. I thought it was an accident until I saw him run, and then I knew it was not. He crossed Main Street in front of Mr. Hamlin’s house, and then passed down Washington Street toward Water Street. I saw Mary Reilly lying on the walk unconscious. I thought she had fainted and tried to raise her up, got my hand on some blood. She did not speak and was perfectly unconscious. I called for help. My father came first; Mrs. Forrest was soon there. I think Dr. Freeman came in from 3-5 minutes later. I saw the flash of a pistol at the same time I heard a report.

Below we give the evidence before the coroner’s jury, from which a verdict was rendered that Mary Reilly came to her death at the hands of Andrew Tracy:

S. D. freeman, M. d., testified: “I am a practicing physician. I reside in Smethport and have known the deceased, Mary Reilly, all her life. I was called from the courthouse to see her. I found her lying in front of the house of Josh Mullin breathing slowly and heavily. Both increased until she ceased to breath. It was about 9 o’clock in the evening of September 18, 1878. I could do nothing but ascertain the character of her wound. She was totally unconscious when I found her and continued so until …… (shot) in the left temple, the ball passed backward and slightly upward, breaking up the substance of the base of the brain. In introduced a probe into the track of the ball very carefully. I found no other cause for her death. She lived about 40 minutes from the time the last show was fired. I remained with her. Her death was caused by a gunshot wound. The ball passing into the base of the brain.

J.T. Reilly, M. d., testified; I reside in New York City. I came to Smethport on Monday, the 16th. I am a practicing physician. I was stopping at the residence of P. Ford yesterday evening. I saw the deceased yesterday evening I was informed that Mary Reilly had been show, and came to the place. I found her in the house of John Mullin, lying on the bed in an unconscious condition, breathing slowly and rapidly approaching dissolution. Dr. Freeman had made and examination. I have examined the wound. I concur in Dr. Freeman’s statement. The wound was sufficient to cause death. She died in the house in the presence of John Mullin, Isabelle Mullin, Lecelia Mullin, and Cecelia Reilly, Dr. S. d. Freeman. Mary, Tracy, Gen. Kane and some others. She died about 9:30 in the evening of Sept 18, 1878

Belle Mullin testified: I was at the residence of Mary Tracy in this place yesterday. I went there about 7 p.m. and left there about half past eight. We were in the store or sitting room all the time we were there. Mary Reilly, Lecilia Reilly and Mary Tracy were there all the time. Frank McCabe and Andy Tracy came into the room several times. Mary Tracy was plain the piano and singing nearly all the evening. Her sister accompanied her. Andy Tracy appeared very reticent and moody. When I left there about half past eight Mary Reilly came with me. Mary Tracy’s store is on Main Street, about four squares from the Mullin’s. We came along the side of the street until we came to the store of Haskill & Gifford, where we crossed the street to the north side. When we came to the blacksmith shop……

J.K. Graham testified: My name is J.K. Graham, age 35, residence Bradford. I came to Smethport yesterday evening. Was present at the house of John Mullin yesterday evening when Mary Reilly died. About two o’clock this morning I and several others went to the residence of Mrs. Tracy, the mother of Andrew Tracy, as I was informed. When we reached the house some of the party entered and soon came out with John Tracy. John Tracy was talked with in regard to matter.

John Tracy, brother of Andrew Tracy testified: I live in Keating township in this county, at the Tracy farm, about three miles from town. I will tell just as I remember. I suppose it is doubtful if I can remember it all. I woke up during the night but cannot say the hour. Heard some noise. Heard mother and Andrew talking. Heard Andrew return. I went down; I inquired he spoke lightly of the matter; he afterward told me he wanted to talk to me when I was up stairs I head him say that affections had been trifled with afterwards he game me to understand that he had done something terrible; he did not say who but I thought he had taken life, or attempted to. He wanted me to get him something to eat. I gave him a loaf of bread/ he went away in the southward direction; I did not know but her was fooling us and was only drunk; he told me “If anybody comes her tell them that I was not here tonight.” He held his pistol and made me promise/ I assented. When Chadwick and others came I was terrified for I then supposed he had committed some atrocity/ he has a revolver has had for three or four months/ the one he had last night I thought was the same he has had/ I am his brother; he as surely under the influence of liquor. He raved terribly; he has been addicted to liquor. When he was talking to me first I thought he had a difficulty with my brother or sister. Afterwards when he was talking about his affections being trifled with I thought of Mary Reilly. He has been accustomed to come home about three times a week. He had a room in my sister’s building. I could not say how long he was at our house last night after I awoke. I would say not less than ten or more than fifteen minutes. I was excited and could not tell how quickly time passes. The noon was bout rising—had risen a short time. He did not say how he had committed the crime I saw him at home yesterday morning. He left there about seven o’clock, intending to go to Port-Allegany. His demeanor then was same as usual.

S.D. Freeman was recalled and testified: When I saw Mary Reilly there was a powder in close proximity to the wound. It showed that pistol had been held quite close to her head at the time of the discharge. I saw Andrew Tracy yesterday evening about dusk. He came into my office and said he wanted to see me. I went out into the storeroom. He handed me a half-pint bottle. He had some money in his hand. I don’t know what the money was. He wanted me to fill his bottle with whiskey. I told him I could not do it. He said there was whiskey in the bottle on the shelf. To get rid of him—I was in a hurry—I told him he would have to wait until Mr. Callar came. He laid his bottle down by the showcase and went out hurriedly, and seemed to be excited. I saw no more of him; he did not seem to be intoxicated. It was about dusk. It was a little dark in the store. I had no lights in my office yet.

James McGuire testified; Age 24- I reside in Smethport. I was at Mr. Roger’s mill last night about half past eight or nine o’clock. The mill is situated at the east end of town near the bridge. I was standing on the barn bridge with a lantern in front of me. I heard some person coming from the direction of where McCarty lives. Heard the footsteps. The footsteps indicated that he was running. After he passed I went to the road. When I got to the road he came in behind the store. I stayed until he went into the bridge. I did not see him well enough to say anything about his form or size. I had not heard of the affair in front of John Mullin’s at the time.
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John Wendel testified; I saw Andrew Tracy yesterday evening about my store. He came in two or three times. The last time he came in he went into the back part of the store alone. I thought he was going there to drink whiskey. I followed him. When I saw him there I was behind the counter and he had a bottle in his right hand. He tried to put it in the hip pocket of his pants. It seems he could not get it in there and he put his pants pocket. There appeared to be something in his hop pocket. He then took the tumbler and took a glass of water out of the pail and drank it. He then started and walked tout of the store mumbling something. I could………

Simon Glenn testified; I live in Keating Township near the Smethport depot. I was around town last evening. Was in company with Andy Tracy. The first time I saw him was at Wendel’s store. Andrew Tracy had some liquor in a pint bottle. The next time I saw him was in his sister’s store. The girls were there, Mary Reilly, Lecilia Reilly, and Belle Mullin. I stayed there when they went out. I might have been there ten minutes after they left I think the girls went out first. Andy seemed natural. I don’t think he was drunk. Don’t know of his having a revolver. Don’t know what pocket he had his bottle in.

Wallace Ostrander testified: I saw Andre Tracy yesterday evening—met him at his office door about ten minutes before the bell rant for the convention . We came up town together, went into Mr. Haskell’s. He took a cigar, I took a drink of whiskey and we started for the convention, went about half way and he said he would not go and turned back. I went to the convention. Did not see him after that. He acted as though he had been drinking; he seemed to be mad about something. When we went into the Bennett house he acted strangely. He took out an envelope with two one-dollar bills in it and wanted me to take it and do the treating. I told him to treat himself. He would not. I took one bill and treated and gave him the change.

Frank McCabe testified; I met Andrew Tracy opposite Mary Tracy’s store on Wednesday evening about half past six. He was coming from Port Allegany in a buggy. I got in with him and rode to the livery stable. We came from there to the hotel. He asked me to go and take a drink with him. I declined. He took a drink. I did not see him for about an hour after that. Wallace Ostrander and he came into the lace Ostrander and her came into the Bennett House together. I was sitting in the window at the time. They stepped up to the bar and Wallace Ostrander asked me to take a drink and I think Andy asked me also, but I didn’t take it. I came outside of the hotel then and a man who was drunk, sitting on a chair, fell off/ when he fell off I, knowing that he was stopping at Wright’s took him down there the best I could and left him there and started to come up town. When I got past Mary Tracy’s to the drug store. I saw Andy standing on edge of sidewalk with his back toward me. I said hello, Andy, are you going up town? He said, “no he wasn’t. Mary Reilly is in the store and she is playing some pieces and singing. You had better go in. We both went in together and I took a chair and sat down. He stood up at right and side of counter. We stayed there while she sang two or three different pieces. I got up and went out doors. Andy followed me out on the porch. I asked him if he was going up town. I stopped and leaned against a strip at the side of the door. Whilst we stood there Mary Reilly and belle Mullin came out, and Mary Reilly both walked on. Andy passed by me and followed went right after them. I stood there perhaps half a minute—not longer – then started after. Overtook Andy and we walked together until we came just to the west corner of D. R. Hamlin’s square, and I had occasion to stop a minute; he went on. I stayed perhaps a minute and came on after him. He was ahead of me about four rods. I could also see that the girls were ahead of him Belle Mullin had a linen suit on which showed pretty plain by the lights along the street. When he parted with me he asked me if I was not coming up to the hotel. I told him yes. That was all that had been said since we had left Mary Tracy’s store. When I got to Mr. Haskell’s hay scales I saw him cross to the north side of Main Street on the crossing in front of the Bennett house. About the same time I saw the girls on the sidewalk in front of the store of J. C. Hamlin. When he came to the sidewalk on the west side of Main Street I saw him make the turn in the same direction the girls were going. That was the last time I saw him. I went in to the Bennett house. I saw Charley Bluidbetty, I stood talking to him a short time, perhaps two minutes, and I heard Frank Richmond say one of Andy Reilly’s daughters is hurt. Charley said, “Come on Frank, let us go up.” And we ran up, he a little ahead. When we arrived in front of John Mullin’s house we found her lying on the sidewalk in a dying condition. I saw that she had a gun shot wound on her temple. I saw nothing of Andy Tracy afterwards. I have made efforts to find Andy Tracy since. Within about half an hour afterwards I got the impression that Andy Tracy had committed the act

The trial of Andrew Tracy for the murder of Mary Reilly, which it will be remembered occurred on the evening of the 18th of September last in this village, was commenced on Tuesday of this week (Feb. 25, 1879) before His Honor, H.W.Williams, President Judge of this district. It will also be remembered that this case was continued at the December term of the court much against the will of the district attorney and the feelings of a large portion of the people who were conversant with the particulars of the case.
A short resume of the particulars of this most aggravated case may not be inappropriate considering the fact that the crime occurred nearly half a year ago, and since which time sever other murders have been committed in the county and have lended in a great measure to attract attention in other directions and throw forgetfulness over this one. But in honor, cold-blooded calculations and inhuman deviltry this murder looms far above all the rest and greatly throws them into insignificance.

On the evening of the 18th of last September, as before stated, Mary Reilly, a young lady of this vicinity, a daughter f Andrew Reilly, a well-to-do farmer of Keating township, was in Smethport making calls upon some of her young associates and had been visiting at the store of Miss Mary Tracy, a sister of the unfortunate young man who now stands charged with this awful crime, and who is shown to be guilty, must surely pay the penalty of his foul deed with his life. When leaving the store of Miss Tracy she was accompanied by Miss Belle Mullin of Smethport, with whom she was to spend the night. The two young ladies fast friends and former schoolmates, were on the way up Main street arm in arm, and about the time they were passing Hamlin’s hardware store it was remarked by Miss Reilly that she heard footsteps coming behind and she feared they were being followed. They then quickened their steps, hoping to reach the Mullin residence before being overtaken but in this they were doomed to disappointment and poor Mary Reilly to death, for when just opposite the gate leading from the street to the house they were overtaken and a pistol shot from villain laid Mary Reilly bleeding and dying upon the sidewalk with a bullet in her brain.

Suspicion very soon began to point toward Andrew Tracy and it was found that he had hastily fled the country, for what reason no one could tell. This seemed to fix the crime at once on him and but a few hours had elapsed ere the whole country was up in arms determined to hunt him down and bring him to punishment. In a day or two thereafter word was received that he had been seen in the neighborhood of Portville, in New York State, and Sheriff King went on at once. He secured him and brought him safely to the jail in this borough. These are a few of the facts in the case, sufficient only to recall to the minds of the readers this great tragedy—the most cruel and inhuman ever committed in this part of the State.
When young Tracy was brought into court Tuesday morning he was asked to stand up and District Attorney Smith read to him the bill of indictment found by the grand jury at the September sessions against him. When he had finished the somewhat tedious document he asked what he had to say, whether guilty or not guilty, to which interrogatory Tracy answered in a clear voice sufficiently audible to be heard all over the court room, “Not Guilty”

The work of selecting a jury was then commenced and at noon on Tuesday the entire venire of thirty-six men had been exhausted and only nine jurors secured. The court directed Sheriff Sartwell to summon twelve additional jurors, which was soon done, and the work of selection went on until four o’clock when it was announced that a full panel had been secured and sworn. The names of the jurors as they stood when the box was finally filled upon whom it devolved o try this case, was as follows:
Lewis Holley, Ira Burdick, E. M. Holmes, T.H. Collins, Stephen Irons, William Foster, Charles Jones, George R. Wright, F.W. Fonda, Joseph Post, Gideon Davis, Willis Ripley.

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The case of the commonwealth was presented by Hon. W. W. Brown of Bradford in a very able effort of about half an hour, when the examination of witnesses was commenced, whose testimony, or a summary of it, was as follows:

Belle Mullin sworn, said: I was in Smethport on the eighteenth of last September. I knew Mary Reilly I met her that evening at Miss Tracy’s store about 8 o’clock I think. Andrew Tracy was there occasionally during the evening. I asked Mary to come home with me and spend the night as she had promised to do. I don’t recollect of anything Andrew said that evening. He went out, but returned to the store about 7 o’clock I think. He went out and came in very often.. He appeared restless I thought. I held no conversation with him that evening. Miss Reilly requested him to play an accompaniment to a solo. He asked her if she desired to sing. I noticed that you could hardly catch his eye. About half past eight we left the store and came up Main Street, she said good night to him. He had gone out while she was playing. We came up and crossed the street at Haskell’s store. We heard someone walking after us. The follower was coming toward us rapidly. We were walking very rapidly. He overtook us near the gate. I thought it was someone who would probably pass when we turned in at the gate. I was on the outside of the walk and Mary on the inside. As we were about to turn I saw the flash of a revolver and stumbled ahead a little bit and when I rose I saw a man standing where Miss Reilly was lying. I called to her and asked her if she was frightened. The man ran toward me and crossed the street where I stood. His size I should think corresponds with the size of the defendant. He did not say anything. I don’t know what direction he took after he crossed the road. We went rapidly. I then tried to arouse Miss Reilly. I stooped down to lift her and when I put my hand on the board I got in the blood that flowed from the wound in the temple. I screamed, which brought Mrs. John Forrest out and then I ran to the shop for father. Dr. Freeman was summoned and they carried her into our house. She breathed for a short time and expired. The wound was in the left side of her face. This was in this borough in McKean County. I heard the report and saw the flash about the same time. I think there was but one person following, judging from the footsteps.

Cross Examined

We met about six o’clock in the evening at Miss Tracy’s store. We went out but returned about seven. We were about ten or fifteen minutes. Miss Reilly was asked to sing a song and she asked where he was so he could play the accompaniment, which she sang. Before he went out the last time he asked her to play “Cantolina,” with variations, and when she was about half way through with it he went out; I saw him when we came out. His cousin, Frank McCabe, was with him. Miss Reilly said “good night” to both of them.
Mrs. John Forrest Testified: I reside in the borough. I remember the evening of the 18th of September last. I was at home at my father’s on that evening. I heard a sound like a cap of a pistol. I sat still for an instant, then went to the door and asked Belle Mullin—as I supposed it was who was screaming—what was the matter? I also heard footsteps as of some one running. I heard one or two steps on a board and then on the ground. I went to the door and Belle called me. I went out; I found Mary Reilly lying on the walk wounded and bleeding. I did not go into the house; I don’t remember who came next; Mary was lying on the walk when left.

Cross Examined

It was a little before 9 p.m. when I left the house. I did not see the person who ran.
John Mullin testified: I reside in the borough. I was in the shop on the evening of the eighteenth of September last between the hours of 8 and 9 o’clock that evening. I heard a shot. In a few minutes Belle came and told me to run for God sake as Mary Reilly had been shot; she was taken into my house afterward. I went for the doctor. She remained in my house till the next evening; she was dead when she was taken away.

Dr. Freeman testified; I am a practicing physician. I reside in the borough. I was in this room until called out on the evening of Sept. 18th last. I went to John Mullin’s and there I found Miss Mary Reilly lying on the walk with a wound in the left side of her head. There were a number of persons there when I got there. I examined the wound. I found a gunshot wound in the left temple between the eye and the ear. I directed some who were present to assist me in carrying her into the Mullin’s house. She was breathing heavily. She ceased to breathe within a few minutes. I introduced a probe into the wound some four inches. The ball had passed diagonally across and a little up. She died while I was there. She lived from 20-40 minutes after I got there. I mad a subsequent examination of the body. I made another examination some two or three weeks afterward in the cemetery-adjoining town. Dr. H. L. McCoy assisted me. Mr. Sprange and Sheriff King were with us. When the coffin was opened we removed the scalp and the top of the skull and removed the ball from the skull. I know they body on which I made the second examination was the body of Mary Reilly by the wound and otherwise I …….. Miss Reilly died by reason of a gunshot wound/ I have known the defendant a great many years. I had a talk with Tracy about gunshot wounds. He asked me one day last summer when upon the head a gunshot wound would be most fatal. This was probably two months before the 18th of September last. I explained it to him and gave him a plate in some surgical work to examine and a book on the subject to read. I told him that the base or back part of the brain was most fatal I left him examining my book on gunshot wounds in my office.

Cross Examined

The powder was dissolving and oozing from the wound all night. The bullet was badly flattened. I told Andrew Tracy that the base and back pat of the brain were the most deadly spots.

Dr. McCoy, sworn says: I am a practicing physician; I was in town the latter part of the evening of the 18th of September; I was called upon to assist in the post-mortem examination of the body of Mary Reilly; I went with Dr. Freeman to the cemetery to examine the body; we found the ball in the hemisphere of the brain; the injury was caused by a gunshot wound and was sufficient to produce death; such a wound as that would inevitably produce death; the ball was somewhat flattened.

No cross-examination.

Andrew Reilly, sworn, says I reside three miles from Smethport. It was here on the 18th of September last; Mary Reilly was my daughter; I last saw her alive about seven o’clock; I left her at Miss Tracy’s store; I think she, with belle Mullin, Andy Tracy and James Horrigon, were present, I gave Andy Tracy some money at the time; I couldn’t say whether Andy observed me handing Mary the letter; he was close to me; he was where he could see, I think; I went home that night; I met him in company with my daughter and forbade him paying his addresses to Mary; this occurred on my farm, that I forbade him; I told him it was not proper, as they were cousins; I told him I would prevent it with my life if necessary/ he tore open his vest, laid his hand on his heart and said; “my life is nothing to me; you shoot me if you wish “ I told him it was unchristian and against the rules of our church; he said his intentions were honorable towards my daughter; I said it was contrary to the rules of our church and must not be; my daughter was present at the time.


No cross-examination.

The defendant was then again arraigned by District Attorney Smith, when asked what he had to say he replied “Guilty of the killing,” and refused to change his plea, although his counsel claimed to wish a plea of Murder as charged.” There was a long quarrel over this and the defendant finally in answer to the questions of the court said that it was his intention to shot that “on the application of the defendant in open court he was permitted to withdraw his plea of not guilty of the murder charged.”
Mr. Richmond then stated the line of the defense proposed to be pursued by the counsel for the prisoner. He spoke with great warmth and earnestness and plainly laid out the usual insanity plea. He said they would show to the court that the defendant was the victim of a habit which he could not name but must only intimate, a habit that he said filled the cells of our jails, almshouses and asylums, and that in fact any physiologist could readily read the evidences of this habit clearly and plainly. He proposed to show that there was no motive for him to murder her, that she was the dearest object to him on earth. That he had sustained an injury from which he had never fully recovered. And in sort that he was of such capacity mentally that he could not be guilty of willful, deliberate and premeditated murder.
Defendant’s testimony commenced.

James Tracy sworn; I live at the depot at Smethport. My name is James Tracy. I have been with Andrew nearly all the time except last two years. I use to notice that he would be gloomy and melancholy, go out by himself and sit alone when there was company at the house; didn’t seem to care for company at the house; was mostly by himself, always mostly gloomy and sullen. He had a revolver. I’ve seen him take the revolver, hold it to his head and snap it. I tried to get hold of the pistol. This was about four years ago, probably a little less. I got the revolver. I was then living at the depot. I locked it in the bureau drawer. He tried to get it back; I wouldn’t give it back to him. One day there was a yoke of young oxen standing by the door. He took my little child, a little girl. I heard my wife tell him not to put the child on the ox. I went outside; he had put it on the steer’s back and the steer threw it off and kicked it. I have frequently slept with him; I have known by movements, etc., that he was engaged in self-pollution. I don’t know anything about the frequency. I used to sleep with him quite frequently; only when there would be people at our house. I have known a little child to cheat him in a trade. One boy found a little magnet and traded it to Andy for a double bitted axe. If he had money about him he would be showing it the little children. Sometimes he would take it out every few minutes.

Cross Examined

He did business for me; he presented a license petition for me; I don’t remember of any other; I asked him to try to get business to do; I took the pistol from him more than two years ago; he gave us reason for his conduct; I don’t recollect how it happened that I noticed him trying to shoot himself; he had the revolver in his hand, and I think he called my attention to observe what he was about to do; I told him it was very foolish of him; it was a revolver; I have the same one yet; I think it made no noise other than the click of the hammer; I never let him have it again; I did not know that he had a revolver the last year or two; the ox case happened about three years ago; I thought it was very wrong; I took it as an evidence of insanity; the case of the double-bitted axe was some time last year; I have not slept with Andy in the last two years; he avoided the society of ladies; I saw him leave the Misses Mullin when they were at our house; the Reilly girls and the McCabe girls also were deserted by him; he never expressed any aversion, not used any discourtesy towards them; I think he did not go out and leave Mary Reilly; my child, twelve years age, frequently slept with Andy, and I thought him crazy then.

John Tracy sworn: I have resided for the last two years part of the time on the farm, part of the time out west and part of the time in Crawford county. When Andy came home last April I was at the house alone and in bed; I heard a loud knock at the door and opened it; Andy was there; he came in and commenced striding the house, saying: “Oh, God! I’m in a passion!” this he repeated many times, and finally came to bed; he h as not slept well for two years; he would talk all night if I would let him; he talked about a book he had read. I slept with him I think at least three nights in the week; I discovered nothing of nightly emissions, only what he told me; sometimes he was very talkative, and at others “tacit;” I think that is the right word; he told me several times that he was greatly afflicted with nocturnal emissions; this was some six years ago; he said it was very disagreeable.

Cross Examined

In 1877 I was in Iowa and Minnesota; I came home last April; I occupied the same bed with Andy before I went away; he usually stayed in bed some hours after I got up; he was at home a great part of the time last summer through ploughing time and good part of the time all summer.
A.S. Heulsia sworn: I reside at Greenville, PA. ; I am a member of the bar of Mercer county; I was acquainted with the defendant from 1871-1875 / I never noticed any evidence of obliquity as to his mind.
Father Francis Dent sworn: I reside in Buffalo, N.Y.; I have been acquainted with the defendant since 1860. 0
Father Dent entered into a detailed history of the prisoner’s early years which lasted some half hour, and not in any manner bearing on the subject matter is not thought necessary to be given here.

The Hanging

There were heavy rains last evening and the morning opened gloomily with the sunlight, befitting the sad and somber scene that was to be enacted. This forenoon Andy partook of Holy Communion, and spent the rapidly waning hours in close communion with his spiritual advisers.
The frequent prediction that there would be a great crowd of people in the town does not seem to have been fully verified. The jurors and reporters had been notified to be at the jail at half past twelve.
At the appointed time the crowd commenced to gather about the jail. Those who had permits to enter were admitted by the rear kitchen door. All the other doors were closed. A large number were admitted, however, so that all available space in the corridor was filled. At precisely half past one o’clock p.m. the condemned man emerged from this cell accompanied by Father Dent and two other priests and the sheriff and his deputies.

His demeanor was firm and composed and there were no visible signs of tremor or trepidation. He wore over his ordinary dress a black silk gown. He repeatedly kissed the cross in h is hand and took his place on the scaffold with a firm tread at 1:35. On the scaffold with him were, in addition to the three priests, none but sheriff and two deputies. After a few moments of prayer by the priests to which the prisoner responded the sheriff said

“Andy Tracy have you anything to say why the sentence of the law should not be passed upon you?” He answered, in a clear and distinct voice, “Nothing at all.”
Then the sheriff put on the black cap and adjusted the noose. After a few moments spent in prayer, without any signal. The sheriff cut the rope and the condemned man fell like a shot and at once it was discovered that the knot had fallen to the floor of the corridor. Another rope was obtained and the ex-Sheriff volunteered his services, readjusted the noose. In the meantime, the unfortunate man was supported by G. C. Kidder, one of the spectators. He was still conscious and made no remark except an occasional low moan.

Back to view of Courthouse 1858
Go to view of Courthouse 1858