American watchman and Delaware advertiser., 1825-12-02
Volume w..

witness had risen early with an intention to go to
neighboring market town, which he named !; that as
he was standing in the entry OF his own dwelling
house the street door being open, he the rison-
er come by, dressed in suit Of clothes, the color
and fashion of which the witness described that he
(the wltness) was prevented from going to market,
and that aite wards the first witness brought, notice
to the town. OF the death and wounds of the deceas-
ed and of the prisoners FORK being found near the
corpse; that upon this report the prisoner was ap-
prehended and carried before justice Of the peace
whom he named and pointed at, he being then pre-
sent in the Court-,hat he (the witness) followed
The prisoner to he Justices house and attended his
examination, during which he observed the ex-
change OF faiment which the prisoner had made
since the time when the witness had first seen him
in the morning, that at the time of such examina-
ton the prisoner dressed in the same clothes
which he had on at the tae of the tiial and that
the witness charging HIM with having changed his
Clothes he gave several shufhlng answers, and de-
MED it that upon the witnesses mentioning this
circumstance OF the change of Dress the justice
granted warrant to search the prisoners house for
the clothes described by the witness having been
put off since the morning that the witness attend
ed and assisted at the search, and that after nice
inquiry for two hours and upwards, the very clothec
which the witness had described were discovered
concealed in straw bed He then produced the
bloody clothes in Court, which the prisoner owned
to be- his clothes, and to have been thrust into the
straw bed with intention to conceal them, on &C.
count OF their being bloody.
"The prisoner also waved asking the second wit.
ness any question.
"A third witness deposed 10 having heard the
prisoner deliver certain against the dtceas
ed from whence the prosecutor intended TO infer
proof OF malice propense. In answer 10 which the
prisoner proposed certain questions he Court,
leading to discovery OF the occasion of the me.
Ina nra ncad IN anft fl,A
ness's answer to those questions, j, appeared that
the deceased had FRS, menaced the prisoner.
The prisoner being called upon to make his
defence, addressed the following narration TO the
Court as containing all he knew concerning the
manner and circumstances of the death of the de-
ceased, viz:-
| That he rented a close in the same parish with
deceased and that the deceased another close
adjoining to it. That the only way to his own close
was through that of the deceased, and that the
day the murder of the Indictment was said to be
committed, he rose early in the morning, in order
to SO work IN his close with his fork in his hand,
and passing through the deceased's ground, he OBJ.
served man at some distance from the PATH lying
down as if dead or drunk; that he thought himself
bound to what condition the person was in, and
upon getting up to him he found him at the last ex-
tremity, with TWO wounds in his breast. from which
great deal of blood had issued: that in order 10
|
Guilty set him up on his lap-that he told the deceas-
ed he was greatly concerned at his unhappy fate.
and the more so as there seemed to be too much
reason to apprehend he had been murdered-that
he ent eaed the deceased to discover, if possible, the
aston of his misfortune, assuring him he would
use his utmost endeavors to do justice to his suffer-
lngs; that the d. ceased seemed to be sensible OF
what he said and in the midst Of his agonies attempt
ed, as he thought to speak TO him, but being seized
with ra,ting in his throat, after hard struggle,
he gave dreadful! groan, and vomiting great deal
of blood, some OF which fell on his (the prsoner's)
clothes, he expired in his arms; that the shock he
felt on account Of the accident was not to be ex-
pressed, and the rather, as it was well known that
there had been difference between the deceased
and himself, on which account he might possibly be
suspected OF the murder that he therefore thought
it advisable to leave the deceased in the condition he
was and TO take further notice OF the matter; that
in the confusion he was in when he left the place,
he took away the deceaseds toik; and left his own
in the of it. by the side of The corpse, that be-
ing obliged to go to his work, he thought it best To
shit his clothes, and that they might not be seen,
he confessed he had hid them in the place where
they were found; that 1t was true, he had denied
before the justice that he had changed his clothes,
being conscious that this was an ugly circumstance
thai might be urged against him, ard being unwil-
ling TO be brought into trouble ii he could help 1t
and concluded his story with solemn declaration
that he had related nothing but the truth, without
adding diminishing little. as he should answer
il to God Almighty. Being then called on to pro
duce his Witnesses, the prisoner answered, with
steady, composed countenance, and resolution OF
voice He had no aciness but God and his oacn cor.
science.'
The. Judge then proceeded to deliver his charge
in which he pathetcay enlarged on the heinous.
ness Of the crime, and laid great stress the foroe
oil the evidence which, although circumstanal only,
he declared he thought TO be irresistible, ard little
inferior the most positive proof that the prisoner