CHAPTER XLVI.

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The Arrest, Trial, Conviction and Sentence of Dr. John F. Braddee, the Notorious Mail Robber—George Plitt makes the Information—Bill Corman turns on his Chief—Braddee gives Bail—His Bondsmen—Strayer and Purnell—The Witnesses—The Indictment—The Jury—The Verdict—The Defendant Dies in the Penitentiary.

There is no doubt that Dr. John F. Braddee was the most notorious individual that ever lived in Uniontown. The exact date of his advent to that place seems to be unascertainable, but it was more than fifty years ago. The culmination of his remarkable career occurred in 1841. Of his early life but little is accurately known. It is certain that he came to Uniontown from Virginia. Tradition has it that he was born in Kentucky. The story goes that when quite a youth he engaged himself as a stable boy, in the service of a gentleman who dealt in horses in the town of Paris, State of Kentucky. His employer was accustomed to drive horses to the eastern market for sale, and on one of these occasions young Braddee was taken along as an assistant. The horses were driven over what was called the “North Western Pike of Virginia.” At some point on this old road Braddee fell sick and was left behind. Alter his recovery he made his way to Uniontown, stopping for a while in, or about Morgantown. Notwithstanding his robust appearance, which will be remembered by his old acquaintances, it is said that when a boy he was delicate and inclined to consumption. This is the story, whether true or not is immaterial in view of his subsequent history. When he reached Uniontown, he was not known to be the owner of a single dollar, that he might call his own. Without education or professional training, he announced himself a physician, and commenced the practice of medicine. His success was remarkable. He had a commanding personal appearance, a good address, and by these means alone impressed himself upon the confidence of the common mind. He gathered around himself a large circle of friends and admirers, some of doubtful, but not a few of unquestioned reputation. His fame as a doctor extended far and wide, patients flocked to consult him from all points. Many came hundreds of miles. Fifty horses have been seen hitched around his office at one time.

He possessed and cultivated a fondness for fast horses, probably the result of his early education in the stable at Paris, Kentucky. He always kept a number of race horses in training for the turf, and often matched them against others on the race course. In this line his success was varying, sometimes he won and as often lost, but losses did not diminish his love for the race course. The accumulations received from his large practice of medicine, and his winnings on the race course did not satisfy his greed for gain, and he conceived and carried into execution an extraordinary scheme for increasing his gains. It was nothing less than a carefully organized plan to rob the United States mail. His success as a physician had enabled him to acquire property, and he had not been living in Uniontown long until he possessed himself of one of the most handsome and valuable properties in the place, viz: the property known as the “Old National House,” on Morgantown street. He bought this property from Hon. Thomas Irwin, who afterwards sat as one of his Judges in the famous trial to be hereafter mentioned. When Braddee bought this property, it contained only a single building, the three story brick on the southern side of the lot. He added the wing to the north, and here he established his headquarters, carrying on his business, professional and unprofessional, with a high hand. His office was convenient, in fact immediately adjoining Stockton’s stage yard and coach factory. Into this stage yard, coaches were driven every day. Stockton had the contract for carrying the mails. The old pike was in full blast then, and as many as thirty coaches were driven along it both ways every day. Among the coaches carrying the great and lesser mails, one William Corman was a driver, and Braddee cultivated his acquaintance and secured his confidence. He assured him that money could be made easily by rifling the mail bags, and promised Corman that if he would hand him the bags, he would “go through them” and divide profits with him. Corman consented. It was of course soon discovered that the mails were tampered with, and United States detectives were set upon the tracks of the offenders. They were not long in ascertaining the guilty parties. Corman was arrested and told the whole story. Braddee had other accomplices, viz: P. Mills Strayer, and Dr. Wm. Purnell. Strayer was a saddler, who carried on a shop in Uniontown, and died only a few years ago. Purnell was a sort of body servant of Braddee, and for many years after Braddee’s death peddled Braddee’s medicine through Fayette and adjoining counties. Braddee was arrested on information made by Wm. Corman, and his arrest caused more excitement than any event that ever transpired in Uniontown.

THE INFORMATION.

Pennsylvania, Fayette County, ss:

George Plitt, agent of the P. O. Department, being duly sworn, says that the United States mail from Wheeling, Virginia, to New York, traveling on the National Road, has been stolen, to-wit: The mails made up at Wheeling on the 13th, 19th, 23d and 29th of November, 1840, and on the 5th, 12th and 18th of December, 1840, and that he has reason to suspect and does suspect and believe that Wm. Corman, who on those days drove the mail stage containing said mail from Washington to Uniontown, Pennsylvania, is guilty, with others of stealing said mails.

GEO. PLITT, Agt. P.O. Dept.
Sworn and subscribed this 6th day of January, A. D. 1841, before me.
N. EWING,
Prest. Judge 14th Judicial District, Pennsylvania.

Same day warrant issued, directed to the Sheriff of Washington county, and to all other Sheriffs and Constables within the Fourteenth Judicial District.

George Plitt, agent of the P. O. Department, being duly sworn, says that the United States Mails from Wheeling, Virginia, to New York, traveling on the National Road, has been stolen, to-wit: The mails made up at Wheeling on the 13th, 19th, 23d and 29th of November, 1840, and on the 5th, 12th, and 18th of December, 1840, and that he has reason to suspect, and does suspect and believe that John F. Braddee, William Purnell, and Peter Mills Strayer, with others, are guilty of stealing the mails.

GEO. PLITT, Agt. P.O. Dept.
Sworn and subscribed this 7th day of January, A. D. 1841, before
N. EWING,
Prest. Judge 14th Judicial District, Pennsylvania.

Same day warrant issued to George Meason, Esq., Sheriff of Fayette county, and to all constables.

The United States of America vs. John F. Braddee, William Purnell, et al.

William Corman, being duly sworn, says that more than one year ago John F. Braddee repeatedly urged him to let him, the said Braddee, have some of the mail bags from the mail coach, and that he would divide the money taken from them with said Corman. Said Braddee said he had frequently known such things done, and that lots of money had thus been made, and it had never been detected. While said Corman was driving the mail coach between Smithfield and Uniontown last winter, the said Braddee sent Peter Mills Strayer frequently in a sleigh after him to get a mail bag containing a mail—that at length he, said Strayer, took one from the coach, which was then on runners, while he, the said Corman, was watering at Snyder’s, east of the Laurel Hill. That Braddee afterwards told him that there was nothing in it.

That he knows of no other mail being taken until within about two months past, when he, the said Corman, was driving between Uniontown and Washington, and when at the instance and after repeated and urgent requests of said Braddee he commenced leaving a mail pouch or bag in the stage coach, when the coaches were changed at Uniontown, and continued to do so at intervals of (say) a week, ten days or two weeks, until within a week or ten days before Christmas. That the said mail bags were taken from the coach by said Braddee or some one under his direction. That Braddee after the taking of said mails would sometimes say there was nothing in them, and again that others had but little money in them. One he said had but fifteen dollars. The last but one gotten, as before stated, he said had a large amount of money in it, but he was going to keep it secretly—bury it until the fuss was over. That said Braddee said he had a secret place out of doors where he could hide the mail bags so that they could not be found. That said Braddee from time to time gave him three dollars or five dollars as he asked for it, and once ten dollars; and loaned him forty dollars when his (Corman’s) wife was going away. That William Purnell several times after a mail bag had been taken, would take him, said Corman, aside and whisper to him that the bag had nothing in it. That on the day before yesterday he was several times at said Braddee’s house and Braddee wished him to leave a mail bag in the coach for him when he, said Corman, should return from Washington last night. That said Braddee very often wished him to leave a mail bag when he did not. That he, Braddee, requested him to leave the large mail bag in the coach for him, but he never did do it.

WILLIAM CORMAN.
Sworn and subscribed this 8th day of January, A. D. 1841, before me
N. EWING,
Pres. Judge of the 14th Jud. Dist., Pa.

Dr. Howard Kennedy also made a preliminary affidavit, which is given in a previous chapter.

WARRANT OF ARREST.

The United States of America to George Meason, Esq., High Sheriff of Fayette County, Pa., and to all Constables of said County:

Whereas, John F. Braddee, William Purnell and Peter Mills Strayer have been charged before me, the President Judge of the Fourteenth Judicial District in the said State, on the oath of George Plitt, an agent of the Post Office Department, with stealing the United States mails from Wheeling to New York, these are therefore to command you, and each of you, to take the said John F. Braddee, William Purnell and Peter Mills Strayer, and bring them before me, or some other Magistrate having jurisdiction, to be dealt with according to law.

Witness the hand and seal of the said N. Ewing, President Judge as aforesaid, at Uniontown, the 7th day of January, A. D. 1841.

N. EWING,[SEAL.]
Pres. Judge of the 14th Jud. Dist., Pa.

Pennsylvania, Fayette County, ss:

The examination of Dr. John F. Braddee, of the borough of Uniontown, Fayette county, Pa., taken before me, N. Ewing, President Judge of the Fourteenth Judicial District of Pennsylvania, the 8th day of January, A. D. 1841.

The said John F. Braddee being brought before me by virtue of a warrant issued by me, on suspicion of stealing the United States Mails from Wheeling, Va., to New York, made up at Wheeling on the 13th, 19th, 23d and 29th days of November, 1840; and on the 5th, 12th and 18th days of December, 1840, says: I know nothing about the alleged stealing of the mails.

his
JOHN F. × BRADDEE,
mark.
Taken and subscribed before me,
N. EWING,
January 8, 1841.Pres. Judge 14th Jud. Dist. of Pa.

Pennsylvania, Fayette County, ss:

The examination of Peter Mills Strayer, of the borough of Uniontown, Fayette county. Pa., taken before me, N. Ewing, President Judge of the Fourteenth Judicial District of Pennsylvania, on the 8th day of January, A. D. 1841.

The said Peter Mills Strayer being brought before me by virtue of a warrant issued by me, on suspicion of stealing the United States Mails from Wheeling, Va., to New York, made up at Wheeling on the 13th, 19th, 23d and 29th days of November, and on the 5th, 12th, and 18th days of December, 1840, says: I know nothing about the mail bags or the stealing of the mails.

P. M. STRAYER.
Taken and subscribed before me,
N. EWING,
Pres. Judge 14th Dist. of Pa.
January 8, 1841.

The United Stales of America, Fayette County, Pennsylvania, ss:

The United States of America vs. John F. Braddee. January 8, 1841, ordered that John F. Braddee enter into security himself in fifty thousand dollars, and two sufficient sureties in $25,000 each. Prisoner remanded until Monday, the 11th instant, at 10 o’clock A. M., to afford time to procure bail.

The same vs. Peter Mills Strayer, January 8th, 1841, ordered that Peter Mills Strayer enter into security himself in $15,000, and two sufficient sureties in $7,500 each. Prisoner remanded until Monday, the 11th instant, at 10 o’clock, to afford time to procure bail.

The same vs. William Purnell. January 8th, 1841. Ordered that William Purnell enter into security himself in $10,000, and two sufficient sureties in $5,000 each. Prisoner remanded as above, etc.

January 11, 1841. Monday, 10 o’clock, A.M. Prisoners ordered before the Judge. Prisoners say they are not provided with bail and ask further time, until say three o’clock P.M. Three o’clock, P.M., no bail being offered the defendants are committed to the custody of the Marshal of the Western District of Pennsylvania.

N. EWING,
Pres. Judge 14th Dist. of Pa.

MITTIMUS.

The United States of America, Fayette County, Pennsylvania, ss:

The United States of America to the Marshal of the Western District of Pennsylvania, Greeting: Whereas, John F. Braddee, of the borough of Uniontown, in the County aforesaid, hath been brought before the Hon. Nathaniel Ewing, President Judge of the Fourteenth Judicial District of Pennsylvania, by virtue of the warrant of the Hon. Nathaniel Ewing, President Judge as aforesaid, charged upon the solemn oath of George Plitt, agent of the General Post Office department, with stealing the United States mails made up at Wheeling, Virginia, for New York, on the 13th, 19th, 23d and 29th days of November, 1840—and on the 5th, 12th and 18th days of December, 1840.

These are therefore to command you the said Marshall to receive the said John P. Braddee, and keep him in safe custody until he be delivered by due course of law. Hereof fail not.

Witness the Hon. Nathaniel Ewing, President Judge as aforesaid, at Uniontown, the eleventh day of January, Anno Domini 1841.

N. EWING,

Pres. Judge of the 14th Jud. Dist., Pa.

The United States of America vs. John F. Braddee, William Purnell, Peter Mills Strayer and William Corman, charged on oath of several robberies of the U. S. Mail.

George Meason tent in $1,000; William Crawford tent in $1,000; William Freeman tent in $1,000; James McCune tent in $1,000.

On this condition, that the said George Meason, William Crawford, William Freeman and James McCune shall be and appear at the next Circuit Court of the United States, to be held for the Western District of Pennsylvania on the third Monday of May next, and give testimony in —— of the said United States against the said John F. Braddee, William Purnell, Peter Mills Strayer and William Corman, and not depart the court without leave, otherwise the recognizance to be in full force and virtue.

GEO. MEASON, [SEAL.]
WM. CRAWFORD, [SEAL.]
JAS. McCUNE, [SEAL.]
WM. FREEMAN. [SEAL.]

Taken and acknowledged this 13th day of January, A. D. 1841. Coram,

T. IRWIN,
Dist. Judge of the U. S., Western Dist. of Pa.

U. S. COMMITMENT.

United States of America, Western District of Pennsylvania, ss:

The United States of America to the Marshal of the Western District of Pennsylvania and his deputies, to any constable of the County of Allegheny, and to the jailer of said County of Allegheny, Greeting:

Whereas, John F. Braddee, William Purnell and Peter Mills Strayer are now brought before me, the Hon. Thomas Irwin, Esquire, Judge of the District Court of the United States for the Western District of Pennsylvania, charged on the oath of George Plitt, William Corman and others, with stealing the United States mail made up at Wheeling on the 13th, 19th, 23d and 29th days of November, A.D. 1840, and on the 5th, 12th and 18th days of December, 1840. These are therefore to command you, the said marshal, constable or jailer, or either of you, to convey the said John F. Braddee, William Purnell and Peter Mills Strayer to the said jailer of Allegheny county, and you, the said jailer, are hereby commanded to receive and keep safely the said John F. Braddee, William Purnell and Peter Mills Strayer in your jail until they thence be discharged by due course of law. For so doing this shall be your warrant.

In testimony whereof the said Hon. Thomas Irwin, Esq., has hereunto set his hand and seal, this 13th day of January, A. D. 1841.

(Signed)TH. IRWIN, [ SEAL ].
District Judge, U. S.

Pittsburg, Penna., 25th of Jan’y, 1841.

Howard Kennedy, special agent of the Post Office Department, in addition to the testimony given by him before His Honor Judge Ewing, in the case of the United States against Braddee, Purnell, Strayer and Corman, relative to the probable loss of money, drafts, &c., in the stolen mails, further deposes, that since that time he has received reports from various persons and places in the West of letters mailed at dates which would have by due course of mail been in the bags stolen, containing bank notes, scrip, certificates, drafts and checks, amounting to one hundred and two thousand dollars and upwards; that every mail brings him additional reports of losses, and that he believes the amounts reported will not constitute more than one-half of what has been lost in the mails between the 16th of Nov., and the 18th of Dec., 1840, on the route from Wheeling to New York.

HOWARD KENNEDY,
Special Agent P. O. Dep’t.
Sworn and subscribed before me the 25th January, 1841.
T. IRWIN,
District Judge.

PETITIONS FOR HABEAS CORPUS.

To the Hon. Thomas Irwin, Judge of the United States Court of the Western District of Pennsylvania:

The petition of William Purnell respectfully represents that your petitioner is now confined in the jail of Allegheny county, in obedience to a warrant of commitment, a true copy of which is prefixed to this petition. Your petitioner humbly prays your Honor to award a habeas corpus, that he may be bailed by sufficient sureties, according to the first article and ninth section of the Constitution of the United States, January 29, 1819.

WILLIAM PURNELL.

To the Hon. Thomas Irwin, Judge of the Court of the United States for the Western District of Pennsylvania:

The petition of Doctor John F. Braddee respectfully represents that your petitioner is now confined in the jail of Allegheny county, in obedience to a warrant of commitment, a true copy of which is prefixed to this petition.

Your petitioner humbly prays your Honor to award a habeas corpus, that he may be bailed by sufficient sureties, according to the first article and ninth section of the Constitution of the United States.

The United States vs. John F. Braddee.

his
JOHN F. × BRADDEE.
mark.

Petition for habeas corpus granted, and issued January 28, 1841.

The same vs. Wm. Purnell, alias William Purnell, January 29, 1841.

United States vs. Braddee.

Let a habeas corpus issue in this case according to the prayer of the petitioner, returnable forthwith.

THOMAS IRWIN,
District Judge.
E. J. ROBERTS, Esq., Clerk.
January 26, 1841.

United States vs. Purnell.

Let a habeas corpus issue in this case according to the prayer of the petitioner, returnable forthwith.

THOMAS IRWIN,
District Judge, Western District of Pennsylvania.
E. J. ROBERTS, Esq., Cl’k D. Court.

THE WRIT AND JAILER’S RETURN.

Western District of Pennsylvania, ss:

The President of the United States to the Marshal of said District, and the jailer of Allegheny county, greeting:

We command you the body of John F. Braddee in your custody, under safe and secure conduct before the Hon. Thomas Irwin, Judge of our District Court, at his chambers in the city of Pittsburgh, together with the day and cause of his said caption and detention, forthwith then and there to be subject to whatsoever our said Judge shall consider in that behalf, and have you then there this writ.

Witness the Hon. Thomas Irwin, Judge of the United States for said District, at Pittsburg, the twenty-eighth day of January, A. D. eighteen hundred and forty-one.

The body of the above named John F. Braddee I have brought before your Honor, together with day and cause of his being detained, in obedience to the writ.

So answers Jas. McCune, jailer of Allegheny county.

To the Hon. Thomas Irwin.

BOND AND BONDSMEN.

The U. S. vs. John F. Braddee, Application to be admitted to bail, Jan. 28, 1841.

The following named persons being sworn, depose, That they are worth severally as follows: Hugh Graham, $20,000; Benjamin Brownfield, $18,000; Isaac Hague, $5,000; Henry Smith, $5,000; R. Laughlin, $4,000; Emanuel Brown, $3,500; B. Brown, $3,000; D. S. Diamond, $1,000; Thomas Moxley, $2,000; Michael Franks, $2,000; Abraham White, $800; Jacob Humbert, $200; Peter Humbert, $1,000; Andrew McClelland, $3,000. Coram,

T. IRWIN.

These amounts were taken from the property lists in the Commissioners Office of Fayette county, Pa. Abraham Brown, $3,400; Benjamin Brown, $4,050; Emanuel Brown, $2,925; Benjamin Brownfield, $6,869; Michael Franks, $1,400; Henry Smith, $2,272; Andrew McClelland, $1,170; Peter Humbert, $1,200; Isaac Hague, $3,170; Isaac Brown, $3,552; *Hugh Graham, $3,868; Samuel Hatfield, $4,500; Thomas Moxley, $2,000; *David Chipps, $200. Names marked with a star, are already security for Hugh Keys, Canal Commissioner, with Wm. Searight, for $50,000, and also on the bond of Thompson McKean, late Road Commissioner, for a large amount.

POINTS RAISED BEFORE THE COMMITTING MAGISTRATE:

Quere.—Can bail be given on any other species of property than real estate?

Quere.—Are not these persons indemnified? If so, how? Would it be policy to recognize them as witnesses on the part of the United States?

Quere.—The order is that two sureties in $25,000 each should be furnished—will any other members be taken?

The United States vs. John F. Braddee.

In the Circuit and District Courts of the United States, for the Western District of Pennsylvania, charged with the larceny of the U. S. mail or mails and stealing therefrom. Hugh Graham, Benjamin Brownfield, Isaac Hague, Henry Smith, Robert Laughlin, Emanuel Brown, Daniel Diamond, Thomas Moxley, Michael Franks, Abraham White, Jacob Humbert, Peter Humbert, Andrew McClelland, Lewis Williams, James McLean, David Chipps, James Douglass, John Hague, Abraham Brown, Daniel Franks, John McClelland and William Hague acknowledge themselves to be held and firmly bound unto the United States in the sum of sixty thousand dollars each, lawful money of the United States, to be levied of your goods and chattels, lauds and tenements, upon condition that the said John F. Braddee be and appear at a session of the Circuit Court of the United States to be held at the city of Pittsburg the third Monday in May next, to answer the said charges, and such other matters as shall then and there be preferred against him, and that he shall not depart the court without leave. Taken and acknowledged. Coram.

T. IRWIN,
District Judge.
January 28, 1841.

THE INDICTMENT.

In the Circuit Court of the United States of America, holden in and for the Western District of Pennsylvania, at May sessions, in the year of our Lord one thousand eight hundred and forty-one. Western District of Pennsylvania, to-wit:

The grand inquest of the United States of America, inquiring for the Western District of Pennsylvania, upon their oaths and affirmations respectively do present and say: That John F. Braddee, late of said Western District of Pennsylvania, a practitioner of medicine, did on the twenty-fifth day of January, in the year eighteen hundred and forty, at Uniontown, in the said Western District of Pennsylvania, procure, advise and assist Peter Mills Strayer to steal, take and carry away the mail of the United States of America, then in progress of transmission from the postoffice in Washington City, in the District of Columbia, to the postoffice at Wheeling, in the Western District of Virginia, contrary to the form of the act of Congress of the United States, in such case made and provided, and against the peace, government and dignity of the United States.

C. DARRAGH,
U. S. Attorney for the Western District of Pennsylvania.
True bill—James Riddle, Foreman.

May 24th, 1841.—The Grand Jury came into court and presented a bill of indictment against Wm. Purnell for stealing a letter from the mail and other offenses. Same day John F. Braddee by his bail, Hugh Graham, is surrendered into Court and Hugh Graham discharged from his recognizance. Same day, on the motion of Mr. Austin, and affidavit of John M. Austin, filed, habeas corpus ad satisfaciendum, issued to the jailor and Sheriff of Fayette county for the body of William Collins. United States vs. John F. Braddee, No. 3 of May Term, 1841. Stealing from the United States mails. And now, to-wit: May 25th, 1841, a jury being called came, to-wit: George Fortune, William Plummer, Samuel Cooper, William Raymond, Edward A. Reynolds, Arnold Eichbaum, James Stewart, John Clemens, Joseph Alexander, Thomas F. Mitchell, Thomas S. Cunningham and Samuel A. Roberts, twelve good and lawful men, duly sworn, summoned and balloted for, and sworn and affirmed, do say on their oaths and affirmations that the defendant is guilty on the first, second and fourth counts in the indictment, and not guilty on the third count. Verdict given on the 4th day of June, 1841. The jury was polled at the instance of defendant’s counsel.

EXCEPTIONS.

The Court referred to the trial of Robinson, which had taken place at the present term, and in which some of the jurors now empanneled had rendered a verdict of guilty. It was not pretended that this trial had the remotest connection with the mail robbery at Uniontown, or that the case of Robinson involved any principle of evidence, or consideration as to the credibility of witnesses, analogous to the case under consideration; yet the Court asked the jury to reflect how it would look, out of doors, after the conviction of a poor friendless boy like Robinson, to acquit such a prisoner as was then on trial; that it might countenance the reproach which had been cast upon the law of permitting big fish to escape while little ones were caught, and that the Court would be deeply mortified at such an appearance. These remarks, which could afford no possible grounds for salutary reflection, were calculated to make the jury forget their oaths; to lead them away from a conscientious and fearless examination of the testimony to calculations upon the probable opinions of others, founded not upon oath or upon a full hearing of the testimony. This, too, in a case where it had been made to appear that the most infamous attempts were resorted to for the purpose of inflaming the public mind by falsehoods through the press. The jury to reflect that if they took a course unpopular at the moment, the whole odium must rest upon them, and that their characters, motives and conduct would be placed in striking contrast with the more popular tone of the Court.

2. That the Court whilst forbearing altogether to notice, or noticing very slightly, the considerations which took all weight from the testimony of Corman and Strayer (witnesses for the prosecution), told the jury it would be a farce to pay any attention to the testimony of Collins and Owens, witnesses for the accused, although the latter stood infinitely fairer before the jury, and had no such powerful inducements as Corman and Strayer to give false testimony.

3. The offense, if any, established against the prisoner, was that of taking the mail with the consent of the person having charge thereof. Yet the Court declined to give the prisoner the benefit of this discrimination.

4. The charge of the Court that the testimony of Turk, as to the non-arrival of the mail at New York, derived from the register, was sufficient, without the production of the register or any copy thereof, or extract therefrom.


United States vs. Braddee. Reasons in arrest of judgment.

1. The indictment did not pursue the language of the Act of Congress, but mingles together words which in the act are intended to describe different offences. The accused is consequently not apprised of the clause under which he is indicted, and the especial character of the offence which he must prepare himself to meet. These crimes being statutory, must turn altogether on the language of the Act of Congress. Suppose the same count had charged the accused with robbing, stealing and taking?

The indictment does not allege that the mail stolen or taken contained any valuable thing.

Overruled.

THE SENTENCE.

United States vs. John F. Braddee. May sessions, 1841. Sentence on the first count of the indictment: That you, John F. Braddee, be imprisoned in the Western Penitentiary of Pennsylvania, at hard labor, for and during the term of ten years, and in all respects be subject to the same discipline and treatment as convicts sentenced by the Courts of the State; and that you pay the costs of this prosecution, and stand committed until this sentence be complied with. And while so confined therein you shall be exclusively under the constraint of the officers having charge of said Penitentiary.

DOCKET ENTRIES.

May 27th, 1841.—Test. for United States: J. H. Phillips, J. H. Dicus, Henry H. Beeson, Frederick Byrer, John Keffer, Samuel McLean, Peter Mills Strayer, Amos Jolliff, Samuel Costello, William Wagner. May 28th—Test. for Defendant: John Warner, Thomas Moxley, Adam George, John Hendricks, Uriah Hoke, Aaron Wyatt, James McLean, James Smith, Jacob F. Brant, Robert Carr, Thomas Rowland, Abraham White, Isaac Hague, Jacob Eckel, Decatur Wolfe. May 29th—Test. for Defendant: John Haney, William Collins, Francis Wilkinson, Jesse King, H. Mitchell, David Chipps, Wm. D. Swearingen, Henry Hally, Margaret Collins, William Purnell, John Imbre, John Campbell, John M. Crane, Alfred Core, Seth Holl, John Woodward, Henry Smith, Matthias C. Baker, James Marinder, Madison Mooney, James Owens. May 31st—Test. for Defendant: Jesse Jones, Wm. Hall, T. Shaw, William Ebert, Gideon John, Alexander I. Fowler, John F. Sangston, Benjamin Brownfield. June 1st—Test. for United States: Brown Snyder, George Meason, Robert L. Barry, John Keffer, Alfred McClelland, Ellis Baily, Isaac Nixon, William Nixon, Samuel Nixon, Geo. Rider, J. T. Williams, Jas. McGayen, Wm. Reddick.

June 1. Court took a recess for half an hour. Mr. Black (Col. S. W.), on behalf of the United States, addressed the Court and jury. Mr. William Austin, for defence, addressed the Court and jury. Mr. Darragh, district attorney, addressed the Court and jury. June 2. Mr. Darragh continued and concluded his address. Mr. McCandless, for defense, addressed the Court and jury; Court took a recess for half an hour. Mr. McCandless continued and concluded his address. Mr. Biddle, for the defense, commenced his address to the Court and jury. June 8. Mr. Biddle continued and concluded his address. Mr. Loomis, on behalf of the United States, commenced his address to the Court and jury. The jury, having been charged by Judge Baldwin, retired. Same day rendered a verdict as before mentioned. Mr. McCandless moved the Court in arrest of judgment and for a new trial.

June 5. Affidavits as to the ownership of a portion of the money in the hands of Messrs. Darragh and Kennedy filed. Mr. Finley for Edward H. Brags, moves to take the money out of Court found in the mail stolen, and identified by the affidavits filed. Same gentleman makes the same motion for John J. Young. Both motions referred by the Court to Messrs. Darragh and Kennedy as auditors. Amos Jolliff discharged from his recognizance to attend as a witness. The following report was made to the Court by Messrs. Darragh and Kennedy viz: Pittsburg, June 5, 1841. The undersigned beg leave to report that they have paid out on affidavits to individuals claiming, or their order, the following sums from the money recovered on the premises of John F. Braddee: E. H. Pandell, $250; Timothy Goodman, $1,060; Silas D. Force, $100; James Sproul, $690; H. S. Abbott, $647.10; Sibbett & Jones, $1,127; Haney St. John, $1,455; B. S. Williams, $30; G. G. Moore, $170; A. H. Bangs, $934.90; John S. Young, $190; Chas. S. Bradford, $300; in all $7,154.60. Whole amount recovered, $10,398.60, leaving $3,244 undistributed. Report of auditors confirmed, and claimants who have been paid are directed to give receipts, and the balance unclaimed be deposited in the Bank of Pittsburg to abide the further order of the Court.

United States vs. William Purnell. Wm. Freeman, James McCune, O. T. Moore, H. H. Turk, A. McClelland and William Crawford each bound in a recognizance of $500 to appear at the next term of the Circuit Court of the United States for the Western District of Pennsylvania, on the 3d Monday of November next, to testify in the above case. J. M. Austin moves the Court to direct the Marshal to pay the witnesses subpoenaed on the part of the defendant in the case of the United States vs. John F. Braddee. Court refused, and ordered that the expenses of compulsory process be paid to the officers by the United States.

United States vs. William Purnell. Defendant tent in $4,000 on condition that he be and appear at the next term of the Circuit Court of the United States, to be held in the city of Pittsburg, on the first Monday of November, next. James L. Bugh, Benjamin Watson and John Hendricks each tent in $1,000 on condition that defendant be and appear as aforesaid.

June 7. The Court overruled the motion for a new trial in the case of the United States vs. Braddee, and also a motion by John M. Austin, esq., to postpone sentence, and the Court sentenced the defendant as before mentioned.

November 16, 1841. The United States vs. Margaret Collins. Stealing from the United States mails. Witnesses sworn before the grand jury: E. S. Harris, Johnze Dicus, A. McClelland, D. H. Phillips, William Ebert, John P. Sturgis, Henry H. Beeson, Abraham Alexander and Dr. Howard Kennedy.

Same vs. Same. Charged with receiving a $500 Treasury note, stolen from the mail, knowing the same to have been stolen.

November 17. Recognizance of William Purnell and his sureties called and forfeited, and the witnesses in this case discharged from their recognizances. The grand jury came into Court and presented true bills of indictment against Margaret Collins.

November 22. Defendant pleads not guilty. Tried and jury could not agree, and were discharged. Margaret Collins was Braddee’s mother-in-law. Purnell and Corman were pardoned by the President before trial.


Thus ended the great Braddee trial; an affair that caused more excitement than any local event that ever interested the people of Uniontown. The actors are all dead. Judges Baldwin and Irwin, who heard the cause, are both dead. All the lawyers who were concerned are dead; some of the witnesses are still living. The bondsmen are all dead. Braddee died in the penitentiary about ten years after his incarceration. Many persons believe that he did not die in the penitentiary, but in some manner escaped therefrom. There can be no doubt, however, that he died in the penitentiary.

THE GERMAN D. HAIR HOUSE.


                                                                                                                                                                                                                                                                                                           

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