Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1815-10-11


ne and two others of the party went to
plumber something to eat--that the Others
went another way-that while in the VIII
Iage of Athens, they came across the young
lady near corner of the street-that they
seized her-dragecd her along and bound
her mouth, and for fear she might return
too soon they concluded to murder her
that they struck her over the head with
sticks, clubs and stones, aud thought one
of them stabbed hereafter they had killed
her they consulted what to do with her
some one ofthem stepped up and stamped
his heel just under her Breast and arm,
which stopped her struggling-they then
dragged her to the bridge, pulled up
plank and chucked her through---taen pro-
ceeded down the river in their boat to the
Jersey shore near New-York, where they
separated some going to Philadelphia, some
tn New ork, and one to New-Jersey.-
Witness then asked him ifhe was one who
committed the murder ?-At this he start
ell and then went over the same story of
the heads OF department including Thomas
a. EInnet as before he had done. Ofth:s
the witness appraised Mr.. Hamilton, who
had him the pilsoner) taken to the Bride
well at Newly orks ,Yhere he remained
about week, aud then was returned to
witness by the police oiIicerS--the prisoner
was for same time under the command of
witness, who never discovered any syi-
dence afinsanity in the prisoner, except
what he manifeted in the above relation.
Ralph u. Cuyler, testified, That about
the last OF November, 1914, he took the
command of Fort Gansevoort-that having
directed the prisoner to shovel away some
snow he desired to communicate something
TO him which he the witness would not
then hear, but ordered the prisoner to
work-shortly after (it appears from MIR.
Williams notes with which he has polite
ly furnished me) the prisoner told the wit
ness that he was born in Ireiand-came to
Philadelphia where he got among bad cha
racters and lived by plundering-that he
came on with IL lumber more to New York,
where they stole about and proceeded up
the riverashas been before stated-that be-
ing landed at Athens they met Miss Ham
ilton in the street, and had TO do with her.
as the expression was) and knocked her
IN the head-as they weta going off, they
observed that she was not vet dead, but
settngup--when one of them went back
and stamped his foot i'll her side and
threw her into the br1ok-rhomas Jehar-
son, Madison, Gallatin, Gen. Lincoln and
Gen. Dearborn were with them las ne
said they then proceeded down the RI
yer in their boat to Newly ork, and then
he the prisoner enlisted. Witness knew
prisoner for some time--never discovered
any marks of insanity except when CON
versing upon this subject The reader
will observe, that this relation differs from
the others in the following particulars on
ly: 1t dues not state that they fonnd the
lady at the corner of the streets nor that
they took up plank in the bridge in order
to put her into the creek nor that they
bound her mouth with handkerchief;
nor that they left their boat on the Jersey
shore but states that they stole their boat
at New-York instead of Troy, as stated in
the other confession, and introduces the
names of Messrs. Jefferson, Madison, &c.
as accomplices.
An attempt was then made on the part
of the people, to prove that Cavenah was
in Athens the evening the murder was
perpetrated but this could not be proved
nor could it be proved that he was up
the river about that time, except by one
witness, an inn-6eeper In Hudson, who
testified positively that the prisoner came
to his honse the same night about eleven
O'Clock. staid but few moments, and did
not sit down, and that when he. the wit
ness, saw the prisoner in Catskill goal,
about year afterwards, he recognized
him as being the same man.--Mr. VIII
liams then, of counsel for the prisoner, OBJ
served to the court, that there was not suf-
iicient testimony adduced on the part of
the people TO renderit necessary that the
prisoner should be put upon his Defence
The court replied, that they did not think
themselves authorised to take the indict-
ment from the jury.and acguit the prisoner
themselves adding, that if the attorney
general thought proper to withdraw the
prosecution, without attempting to urge a
conviction, they would readily acquiesce.
The attorney-General Thought the testimol
ny insufficient to warrant the jury in con-
yIcting the prisoner, and the court direct
ed the jury to acquit the prisoner, which
they did of course without leaving their
seats.
As the prisoner has been acquitted by a
jury appointed to try the case, perhaps it
would not be prudent or proper for US to
express our opinion upon the subject
The prisoner is doubtless in a state of par