Jacob

30800 — <p>quarto three pages plus address leaf formerly folded neatly written in ink in a clear legible hand very good clean condition.</p><p> Jacob a city toll gate keeper writes his teen-age sister about the execution of Henry Shorter a 24 year old African American man for the murder of Stephen Brush a 19 year old white youth who offended Shorter inciting an angry exchange and resulting in Shorter's stabbing Brush to death.</p><p> Close to midnight on a September evening in 1848 Stephen Brush a 19 year-old white youth and several friends who lived in a blue-collar industrial section of Buffalo were returning from a Minstrel show laughing about one of the characters in the cast who had played a "Negro servant". Brush apparently used the "N" word just as he was passing two young African American men – 24 year-old Henry Shorter a hotel barber from Fredonia and a friend who had just moved to New York from Ohio. Shorter took offense and an angry exchange ensued. Shorter pulled out a short knife and attacked Brush pursuing him into the street where he stabbed him in the abdomen on the arm cutting off one of his fingers and above the eye. The African American men ran off as bystanders carried Brush to a tavern where he soon died. A police investigation led within hours to the home of Shorter who was awakened and arrested when blood was found on his hands and clothing. He allegedly confessed to the killing saying it was not premeditated "the impulse of the moment" and that his friend had nothing to do with the crime. Local newspapers called this a "cold blooded murder committed in our streets upon an unsuspecting and inoffensive citizen". Brought to trial Shorter was represented by two brothers leading criminal attorneys of Buffalo; they found most prospective jurors had already formed an opinion of Shorter's guilt. During the trial the lawyers argued that Shorter despite his alleged confession had acted in self-defense. Twenty witnesses were called for the prosecution ten for the defense who testified as to Shorter's "good character". The Judge instructed the jury not to regard Shorter as rich or poor white or black but just to consider the facts as presented in court. The jury deliberated for eight hours and returned with a verdict of guilty. Before pronouncing sentence the Judge stressed that he Shorter had received a fair trial as was Shorter's friend who was acquitted of the crime and set free. He then pronounced the sentence of death by hanging as Shorter silently betrayed "considerable emotion". Shorter's lawyers appealed to the New York Supreme Court. Shorter told the Justices that he had "provocation" for attacking Brush and that some witnesses had lied about details of the incident. His Appeal was denied; the execution delayed for eight months was set for August 1849 – the event described in Jacob's letter. According to news reports Shorter's last words on the scaffold were "I am about to leave you. I die innocent of the crime of murder." He hoped "God will forgive" the city officials who had "testified falsely against me". </p><p> "Dear Sister Harriet</p><p> … I have been quite busy since I was down to see you I arrested 8 duchmen sic in one day and on Friday last went to attend the execution of Shorter who was condemned to be hung for the murder of Brush it being the first time I ever beheld a mans life taken amid shouts of applause or joy and that was the case from those from without the limits of the jail yard who could not see but hear when the platform fell and which was heartrending to hear I was one of the officers chosen for assisting in the execution when he was taken down I assisted in extricating the Rope from his neck and then carried him aloft in the jail for his friends to take and there left him it was a solemn thing to behold him drop the distance of six feet and fetch up on nothing but air. When he was led forth from the dungeon dressed in a white robe and a white cap upon his head I was inspired with feelings which I never shall forget I had been in and conversed with him about a week before his execution he seemed resigned to his fate but when he ascended the scaffold and beheld the group of officers ministers & jurymen that were to behold him plunged into eternity he there declared himself innocent and censured the officers & mayor for perjuring themselves against him at that time my feelings left me and I was ready to see him drop when he was led forth on the drop he said I die an innocent man the world knew better. But alas he died with a lie in his mouth … he said nothing more to the ministers there on the scaffold …"</p><p> No printed account of the crime or trial is recorded in McDade <i>The Annals of Murder</i>. </p> books