The Virginian. [volume] (Lynchburg [Va.]) 1822-1829, 1825-03-29
NEW TRIAL OF DESHA.

untounded all the Kentucky papers, which
have come To hand since the date OF this re-
port, being perfectly silent upon matter
which would have rnng through the state
/ Bntthe last Lexington Gazette tof the Sd inst ]
bring us a document, penned with great la
hour and calculated to have great effect
1t is the opinion of Judge shannon, who pre-
sided AT his trial 1t occupies more than nine
columns OF the Gazette EAtra--the points 10
which itPrincipaly addresses itself, are as FOL
lows
The jude commences by noticing tlle e4-
ireofdinary eAe.tem nj, originating in adven-
] tltious circumstances, 10 which this trial had
! gwen rise lie then confesses, that with all
the attention he has been able 10 bestow up
on the matter, lie has been nnable to satisfy
his own mind, as to the guilt or the innocence
OF the prisoner. lie lays down The position,
that the testimony IS altogether circumstuntiat;
aud that there Is no positive proof of Ire main
fact charged in the indictment, viz thai Ba-
ktr fri by The hand Of DeSha. He asserts
that there are circumstances proved WhIcll il
sllilicult To reconcile with his nn6cence; on
the contrary, there are others, which seen to
be altogether inconsistent with the idea IL his
guilt.
He attempts to show from the character Of
! the testimony, that the two witnesses who
/ speak 10 the identity of the mare found in
the possession OF Desha, do not concusively
! prove her TO be same animal thai was in the
possession of Baker al lie Time that he is sup
! posed TO have been murdered. The Judge
indeed confesses, TINT he cannot help suspect
ing her TO be Bakers ; but il does not appear
beyond rational doubt, that she is SO. The
witnesses may be mistaken and il would
| appear less extraordinary To him thnt they
should be mistaken, than that a man of De-
sha ! character should be guilty OF murder
But or this point alone he doubts whether
he should he at liberty 10 interfere with The
verdict OF the jury.
He states, that there are on the Other hand
variety OF circumstances equally difficult To
be reconciled with his guilt Thus, he finds
il impossible To believe thai Baker was killed
either al the place " here his body was found
or al the time the deed is supposed to have
been done by De5ha. On the morning of the
2nd November, Dcsha and Baker are proved
by Miss Dogget to have left her fathers house
together, after having taken early breakfast
Soon after rather late breakfast, the grey
| mare supposed to he Bakers, with saddle L
bride on, came into old Mr.. Ball lane -
| From Doggets To Balls about four miles -
| One OF Balls sons canghi the mare j; rode back
| with her TO the road met Deoha's horse with
saddle on, but no bride lie pursued him a.
bout a mile and halt, when he met Desha
with pair of saddle bags on his arm and a red
| morocco pocket book in his pantaoons-Two
of the Balls swear that Desha told them he
had bought the mare aud old Bali swears that
Desha afterwards told him he had bought her
| that morning
Mark these events happened on the End
| II was not ill the Sth that the body OF Baker
was found, about mile and haltlrom Balls
| between Ball aud Dogget's--lound by two
| oil Balls sons, about 80 yards from the road
| by the side OF log an sight Of the rond--the
body on the SIDE Of the log neat 10 The rodd.-
These two Ball said, that from glove being
found in the road, they suspected il had been
lost by some hog kog- kiler. That they turn
ed round to see il there were any sign oil hogs
being killed there, and il was then they found
the dead man. They gave the alarm and the
neighbours collected. The corpse was found
stripped of the coat; with only one glove on;
the throat cut from ear To ear; several cuts on
| the head one or Two small ones on the breast,
&c. Ac. But what is remarkable, was, that there
was no blood found where the body lay, nor
any near it--there pas no rery d'Sdgretdble
smell the body Timber and not swollen and
| there was trail from the edge OF the road to
where the body lay.-There were afterwards
| found in the road opposite 10 where the corpse
lay, several little articles, as the silver cap of
loaded whip, the lead out ol the but OF a
whip &c. NC.
Now, says Judge Shannon, how are these
circumstances 10 be reconclled to the hypo
thesis OF Desha's having killed Baker on the
morning Of the 2ld and IN the road why
were MT these various articles sooner found
IN the road Why was not the body SO0ntr
seen from the road Why was no blood yis-
lille on the road Various witnesses had
passed along that road, III the interim yet no
discovery was effected. No horses scented
dppI fhnn he Il
II probable then that Baker was killed on the
ground where his body was found But n
bove all, it is probable that he had been killed
so long !? even n hours The body limber
tue abdomen not swollen; the wounds red, |
not black or purple no indication OF pntre |
faction, only slight unpleasant odour =
The Judge declares, that upon any natural or |
reasonable principles, il is impossible 10 &C |
count for the condition OF the body, on the
hypothesis of Desha's having accomplished !
the murder on the morning of the 2nd.-Ihese !
circumstances diminish the strength of the !
presumption OF guilt against him, arising out |
Of other facts and circumstances detailed BY
The witnesses lie even throws ont faint n |
equivalent suspicion, thatthe Balls night have
wrought the foul deed.
The Judge says, il does not positively ap-
pear that Bakers pocket-dook, or his seven
shirts found near Desha's house, were even in
Desha' 5 possession--a pair of saddle tags was
also found a few steps from Desha's fence
but THAT they were not identified to have
been Bakers or satisfactorily proved even 10
have been in Desbas possession-that Dessa
exhibited nthing strange in his manner just
after the supposed murder; nor when he was
first suspected nor when he laid his hand on
the dead body. The Judge admits, that De.
sha's being in possession of the mare is a
weighty circumstance against him-bu, Desha
had said afterwards he had bought the mare
of Baker in the road.
The Judge admits this story told by Desha
is not very probable one but dis it more i'm.