The Crime Scenes

 

The Sinkhole

 

• The sinkhole was 6 feet deep x 5 feet x 6 feet (Farrow);  the sinkhole was presumably finally filled because Farrow’s aunt recalls “on up the hill where the sinkhole had been” (Farrow 159)

• According to the Meekers, when Stacy Bowlby found John Castner’s body, “there was a large fence rail lying across the side of his face” (26)

• When Stacy Bowlby went to the grist mill to get help, he first ran into James Petty and Peter Vanatta.  In the end, the following men all went to the sinkhole: James Haslet, Jacob Curling, John Vanderbelt, Henry Ely, Garret Pittenger, Peter Vanatta and James Petty.  It was Petty who recognized John Castner  (Meeker)

• James Petty decided that he needed to get George Franks there because “George was a very decisive and deliberate man” (27).  On George Franks’ way to the sink hole, he and Petty ran into George Castner.  George Franks sent George Castner to get William R. Prall, Esq and John Vanderbilt to get first Jacob Arndt, Esq. and then Constable Robert Vanatta.  (Meeker)

• There were “some tracks that went about forty-five feet past the hole toward Port Colden.  At the end of the tracks there was blood and signs of a scuffle.  It was plain to see that this was where John Castner had been attacked.  There was a long mark on the ground where the body had been dragged and thrown in the hole” (Meeker 27).  As many others have pointed out, whomever had done this had to be someone of great strength.  It’s been pointed out that John Castner was not a slight man, so to have thrown him into the hole, someone would have to be able to just about pick him up.  Also, while the people are able to miraculously recognized various horse tracks, they did not seem to find it necessary to determine how many different sets of prints were around the sinkhole or to determine whose tracks were whose.  

• The prosecutors used the theory that Joe Carter had lured John Castner out of his house to discuss the sinkhole where Castner’s body would later be found.  However, from the evidence at the murder scene, Castner had walked well past the sinkhole (46 ft) when he was attacked.  If he had been using the sinkhole as an excuse to get Castner out of the house, then why had he been well past the sinkhole when he was first attacked?  (Case Closed 11)

 

The House

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These sketches are from Richard Heim's "Giving Up" 2002.  They belong to him alone.

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• Testimony by Cornelius Stewart on Wednesday, August 30, 1843 during the first trial of Joe Carter stated that “After examining through the committee concluded that there had not been much money taken; no appearance of violence about the house, no lock broken...” (Meeker 52)

• It would appears to me that the killer who attacked everyone in the house was left-handed, which was presumably just as rare as it is today, because the victims all had injury on the right side of their faces, unless they were hit with their backs to the killer (which I suppose is possible).  Heim theorizes that the person who killed Maria was right-handed because “a left-handed one could not do this  from behin Maria without crossing his arms” (114) making the assumption that she was hit from behind.  He also makes the assumption that the killer first strangled Maria and then hit her in the head with the weapon.  I think that Heim could be right (for once) about the killer sneaking up on Maria.  Any other way would have aroused a reaction from her that might have alerted the rest of the house.  However, Maria Matilda had a wound on the right side of her head, which would have been done, in my opinion by a left-handed person.  It is unlikely that the killer would have put Maria on her stomach and THEN hit her.  

• Maria and Maria Matilda

• • pillow over her head, single blow to the head, but looked like she’d been choked; with her was Maria Matilda, also single blow to the head (Farrow)

  • “Maria lay on the bed with her legs hanging down over the lower end of it.  She was partially undressed.  Baby Maria lay across her mother’s body.  Both had deep gashes and holes in their heads.  A blanket had been drawn up over the bodies so that they were completely covered except for Maria’s head.  A pillow had been placed over her head” (Meeker 27).

  • According to Richards, Maria and the baby were found lying on the floor (60)

• Jesse Force

• • Worked for J. Castner, lived in the farmhouse in the bedroom over the kitchen (Farrow)

  • Victim of the attack, found with wound to the temple, but still alive (Farrow)

  • “...they found him lying on the bed with his head propped up on his hand.  He had four wounds in his head and was bleeding badly, but he was alive” (Meeker 28).

• John Parke

  • found dead with a pillow over his head with “several head wounds” (Farrow)

  • “He lay on his back in the bed.  He was perfectly straight and the blanket was pulled neatly up to his chin.  A pillow had been placed over his face...had been struck in the head several times by the murderer.  Part of his skull protruded out above his ear”  (Meeker 28).

 

The Hunt

 

• “During the first three days following the murders, three men were suspected and arrested.  William Hulshizer, Charles Coleman and Jonathan Auble were brought in for examination” (Case Closed 23).  

• According to the Meekers,  “William C. Morris and the magistrates, George Creveling, Esq., Jacob W. Davis, Esq. and Judge William P. Robeson had set up shop in Doolittle’s Tavern in Washington for the purpose of holding their examinations” (55)

• The Holy Alliance continued to bring in people to the magistrates they thought might be guilty, including Jonathan Auble, Charles Coleman, William Hulshizer, Edward Thompson

• May 22, 1843 Joe Carter was arrested by members of the Holy Alliance because he had recently paid a total of $75.50 to three different creditors he owed money to.  The magistrates examined the case starting May 23, 1843.  “After two days of questioning, the magistrates had finished with Joe.  For the next nine days he remained under arrest while the justices summoned many witnesses before them to verify Joe’s accounting and to see if he had been telling the truth.  No records of that investigation still exist...” (Meeker 56)

 

The Trials

 

The First Trial of Joseph Carter, Jr.  

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• On June 15, 1843 the state of New Jersey convened a Grand Jury which brought 5 separate indictments against Joe Carter (Farrow)

• The trial for the first indictment, murder of John Castner, began on August 23, 1843 in Belvidere, NJ (Farrow)

• New Jersey Supreme Court Justice James S. Nevius presided (Meeker)

• Acting for the state:

  • County Prosecutor Morris

  • George F. Molleson

  • John M. Sherred

• Defense staff:

  • William F. Clemson (Lead attorney)

  • Phineas B. Kennedy

  • Jacob W. Miller

  • Alexander Wurts

• According to prosecutor Morris, Joe Carter “was overseer of the roads where sinkholes were located” and that he had spoken to John Castner about filing in the sink holes and had told Castner not to fill up the very one he was eventually found dead in. (Farrow)  However, during the trial, “Joe’s brother William testified that three weeks before the murders, Joe sent word to John Castner to fill up the sinkholes” (Meeker 77).  

• Also, in his opening statement, Morris “claimed he would show that about $15,000 had been stolen from the Parke house”  and that there had been three men involved in the murder based on the fact that there had been three fence rails in the sinkhole with the body of Castner (Meeker 68)  No accurate account was ever made regarding how much money, if any, had been stolen!  Jesse Force, as witness for the prosecution, testified that the rails had been placed there by John Castner to warn people about the sinkhole and were not evidence in the crime (Meeker)

• When Sarah Parke testified, she said that the family usually went to bed around 9pm and that John Castner always locked the doors and covered the fires before going to bed.  However, when she returned to the house following the murders, not all the locks were in place and not all the fires were covered, indicating that the crime possibly took place before 9pm (Meeker)

• Abram S. Cougle testified about the letter Carter gave him to take to Howell.  “Though Cougle tried to sound confident about which day he had taken the letter, his testimony was filled with phrases like ‘can’t recollect,’ ‘I think,’ and ‘not certain of the fact’”, but Howell reported that he received the letter on Thursday.  (Meeker 73)  Had it Cougle gotten it on Tuesday morning, as he claimed, then Howell certainly would have gotten it before Thursday.  Additionally, “the defense produced several witnesses who were absolutely certain that the letter had been written late Wednesday in Peter Parke’s shop..and sent with Abram Cougle on his scheduled trip to Phillipsburg on Thursday morning.” (73)  

• The state called 66 witnesses and the defense called 29 (Farrow)

• When Robert McClenahan (New Hampton physician) testified, he said that there had been two murder weapons (Farrow p. 49)

• The biggest case against Joe was the money he gave out to creditors after the murders.  However, he stated that he’d been saving the money against possible foreclosure of his property.  Three different people testified about Joe Carter having money once he returned from his NYC trip:  Jesse Fell, Eliza Parke, and William Dilts.  During this first trial a witness for the prosecution, “William Dilts related the story that Joe had said he had about $40 some time before the murders, but he would not pay out the money, because he wanted to keep it to take care of his family if his property was foreclosed on” (Meeker 72) which supports what Joe had been saying all along!  Additionally, Imla Drake, George Creveling and Jacob W. Davis all testified that Joe had asked them to help him out by being his security on some debts on May 3.  If Joe had stolen the money on May 1st, why would he be asking for help on a $60 debt on May 3?

• An interesting note, “Isaac Carpenter testified that he had seen John Castner out by himself at night on many occasions and that Castner went to Carpenter’s mill (over a mile away) alone after dark.”  (Meeker 77)  This was brought up by the defense to show that just because John Parke was found dead outside his home didn’t meant that he had been lured out of his home by anyone, but that he could have already been out that night.  Interesting that no one else mentions anything like that at all or follows up on this concept.

• At the end of the first trial, on August 12, 1843, the jury found  Joe Carter NOT GUILTY of the murder of John Castner.  At this point, Carter was still facing four more trials, all based on the same evidence.  HIs defense team tried to get these other three charges decided right away since it was the same evidence, but the Supreme Court seemed to have a hard time making up its mind as to what to do, allowing Carter to remain in jail while they made a decision.  It was finally decided by the Supreme Court “...that there were four distinct murders and acquittal to one was not a good plea of autre fois acquit as to either of the others.”  Justice Randolph, 21 N.J. Law, p. 137 (Farrow)   Autre fois acquit means “already acquitted” and essentially referred to the idea of double jeopardy.  (Meeker)

 

The Second Trial of Joseph Carter, Jr.

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• Second trial began on June 4, 1844 on the indictment of murder of John B. Parke (Farrow)

• William Halstead was chief counsel for the state, with John M. Sherred also for the prosecution (Farrow)

• Clemson and A.E. Brown represented Carter (Farrow)

• Justice Ira C. Whitehead was presiding over the trial and decided not to allow any parts of the trial to be published (Farrow)

• The trial was held at the same time as the Constitutional Convention of 1844 which was set to write a new constitution for the state of NJ and many of the lawyers that previously had worked for the defense were now part of the convention (Farrow)

• 71 witness were called by the State and 24 by the defense (Farrow)

• The prosecution focused on the same points from the first trial to show guilt:  Carter’s finances, the letter, the horse tracks, and the wagon passing through the night (Meeker)

• In the first trial, when questioned, Sarah Parke had said she knew nothing about John B. Parke’s finances.  In the second trial, however, she “volunteered that her brother had told her he had New Hope money in his desk.  Her statement was quickly overruled, but the jury had already heard it.”  (Meeker 85)

• Two new witnesses were called forward, James Force (related to Jesse Force?) and James Smith testified that they both saw Joe Carter and Henry Hummer in a one-horse wagon passing along the road leading to John B. Parke’s house the night of the murder (Farrow).  According to the Meekers, however, Force testified “that he had seen Joe’s horse and wagon in New Hampton one night.  He never said that this occurred on the night of the murders, but only that it happened one night.” And in the first trial, Smith had said “that he left Luther Hummer’s show shop about 9:00 o’clock on the night of the murder and went by the bridge, but did not hear or see any wagon.  Now, the same man stated that not only had he heard a wagon that night, but he had actually seen it.  He said that Joe’s mare Maria was hitched to the wagon and that Joe and Henry Hummer were in it.”  (86)  However, at Henry Hummer’s trial, “Smith said he hadn’t seen any wagon on the murder night.  He didn’t know what night he saw the wagon and he was only guessing that Joe and Henry might have been in it after the idea had been suggested to him by neighbors talking about the murders.”  (Meeker 88)

• When the jury went out to decide on June 24, 1844, a Grand Jury comes back with a decision  to indict for all 5 charges Abner Parke, Peter W. Parke, and Henry Hummer  (Farrow)

• After deliberation, the jury finds Carter guilty of the murder of John B. Parke (Farrow)

 

The Trial of Henry Hummer

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• Was indicted on 5 charges (Farrow)

• Justice Ira C. Whitehead presided (Farrow)

• Morris headed the prosecution, with Jehiel G. Shipman (Farrow)

• Defense was comprised of Phineas B. Kennedy, Henry McMiller and J.J. Child (Farrow)

• The prosecution called 41 witnesses -- when it came time for the defense to call its first witness, they asked for the prisoner to be discharged and the judge granted the motion. He was further discharged of the other indictments as well (Farrow)

 

The First Trial of Abner Parke

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• Began on December 5, 1844 before Judge Nevius -- charge was the murder of John Castner

• Defense council included:  William F. Clemson, Alexander E. Brown, P.B. Kennedy and Alexander Wurts (Farrow)

• The jury was brought in from Somerset County (Meeker)

• Prosecution included Morris and William Halstead (Farrow)

• The prosecution called 106 witnesses, the defense 17 (Farrow)  (According to the Meekers there were 93 witnesses called by the prosecution)

• Was found not guilty by the jury (Farrow)

• According to Farrow, “The public animus was more bitter against him than against any of the others” (p.85)

 

The Second Trial of Abner Parke

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• Trial of Abner Parke for the murder of John B. Parke began June 3, 1845 (Meeker)

• Jury was brought in from Middlesex County (Meeker)

• “Abner’s daughters, Mary, Lydia, and Harriet, and his son-in-law William Runkle testified that he was home in bed by 9:00 PM” (Meeker 94)

• Joseph Bowlby testified that he had seen Abner out walking Changewater Road the night of the murders, despite having stated officially before that he hadn’t seen Abner that night (Meeker)

• Jury began deliberating on June 28 and came back 10 hours later with a not guilty verdict (Meeker)

 

The Trial of Peter Parke

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• Was the last suspect to go to trial

• Trial began on December 27, 1844

• Was the only person accused of the murders to be tried for two of the indictments at the same time (Farrow)

• According to Farrow, “Peter’s case presents many queer aspects.” Like the other trials didn’t?  “Only because he and Carter were seen together more frequently after the murders and because he directed the Easton letter does there seem to be the slightest evidence to connect him with the crimes.”  (p. 86)

• Prosecution:  William Halstead and Jehiel Shipman (Farrow)

• Defense: Phineas B. Kennedy, Henry McMiller and H.H. Norton (Farrow)

• A “foreign” jury was brought in from Mercer County (Farrow)

• Judge Nevius

• 77 witnesses for the state, 19 for the defense (Farrow)

• “Less is known about this case than the others as the newspapers gave it little play, yet it is by far the most remarkable, not only for the surprise witnesses the State produced but also because it was allowed to introduce evidence which did not even touch on Peter’s case.” (Farrow 88)

• Surprise witnesses:  

  • James Groff -- had been overseer of roads, a responsibility which included seeing to sinkholes, prior to Joe Carter, and while in this position had hired John Castner to fill up the sinkholes near his house (Farrow)  Wouldn’t this have shown that Castner took the money to fill up the sinkholes but didn’t do it, more than it would reflect on Carter’s supposed decision to not have Castner fill up the holes?  

  • Jesse Tiger -- testified that both Joe Carter and Peter Parke had tried to recruit him to help them murder John Castner.  He said that “a week before the murders...he ahd met Pete near the Mansfield Church.  Pete had been very friendly to him and asked him if he wanted to go fishing at Changewater some night and that while they were there Joe Carter would get John Castner up to the sinkhole and kill him and ‘then we would have money enough.’” (Meeker 90)  However, Peter claims to have never even spoken to Tiger until after the murders had been committed.  

  • Margaret Martenis -- swore that she had heard Joe and Pete discussing whether they “looked guilty” the morning after the murders at the scene of the crime.  Martenis was thought to be of questionable character and a known liar throughout the community, however her testimony helped to convict Parke.  (Farrow)  If the community knew that Martenis was “an awful old liar and the truth was not in her” (Farrow 89) then I wonder if Peter Parke had had a Warren County The Meekers write that “through a succession of witnesses, the state had shown that Pete and Joe had arrived at the murder scene a bit after 9:30 on the morning of May 2 and that Pete left the scene about 11:00.  Other witnesses showed that Mrs. Martenis could not have arrived at the murder scene before noon and that, therefore, she could not have seen or heard Pete or Joe there that day.”  (90)

  • James Lunger -- his testimony was supposed to substantiate Martenis’ (Farrow)

• “Much of the...testimony at Pete’s trial was really evidence against Joe Carter, not Pete...No witness connected Pete to the wagon or to the horse tracks.  No witness reported seeing Pete outside his own house on the night of the murders.”  (Meeker 91)

• Jury went out to deliberate and came back the same day -- Friday, January 17, 1845 -- finding Parke guilty of the murders of John Castner and John Parke (Farrow)

 

Peter Parke’s Case Before the Supreme Court

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• Peter D. Vroom and Phineas B. Kennedy argued Peter’s case before the NJ Supreme Court beginning on March 3, 1845

• The credibility of Jesse Tiger was raised and Peter’s “attorneys presented affidavits from several people showing Tiger’s bad character and also comments he made that refuted his own testimony” (Meeker 91)

 

Court of Error & Appeals -- Joe Carter and Peter Parke

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• Because of numerous delays by the Supreme Court of the State of New Jersey, it was eventually decided that they would hear both appeals at the same time -- March 3, 1845.  “From this time on, both cases were acted on simultaneously, although, of course, the substance of their pleas was very different.” (Farrow, 92)

• Vroom represented Peter Parke and Wurts represented Joe Carter (Farrow)

• Chief Justice Hornblower read the denial of a new trial for Parke and Nevius read the same for Carter (Farrow)  

• Carter and Parke were caught in a legal crossroads between the old constitution (1776) having been done away with and a new constitution being brought in which lead to them having no ability to see higher appeals than the state Supreme Court.  The tools of the new constitution simply were not yet set up and therefore were denied to both defendants.  Vroom and Wurts tried to get the Supreme Court to suspend judgement until such a time that these tools were in place.  The State Supreme Court decided to hold off on sentencing until the following term “‘in order to avoid any public apprehension that there was no reviewing or pardoning power in New Jersey which could be legally resorted to.’” (Farrow 95)

• On August 22, 1845 both Carter and Parke were hung outside of the Belvidere courthouse, despite the fact that public executions were illegal in NJ at the time (Farrow)

• The bodies were originally taken from the Belvidere court house to Joe Carter’s brother’s house “‘which was near the spot selected for the burial’” (Farrow p. 127)