State journal. [volume] (Montpelier, Vt.) 1831-1836, 1836-09-26
CIRCUMsTANTIAL EVIDENCE.
BARRIER AND BANTRY.

the three AccuScrE, 'ullS OOy uil NY sun
Ned were at work yesterday, an they hdd
some tvords comm home which nobody
then took much notice of But this morn
ing it so happened that went to work in
your honor's piatee garden agreeable to
ordhers. 1t was early, an expected to he
first upon the ground, which knew TO be
peasin' to your honor, but was overtaken
on the road by these two neighbors; so the
three Of lis went OH together with the
spades in our hands. When we come
into the field it was Just the dusk o. dawn.
Stop says this mar here to me, don't
you hear groanin'? Il hard something,
saysI, but made nothing of it, thinking
it was the wind 'Tis not the wind says
he, but some one that's got a bad hurt,
an'there they afep Sure enough at that
minute we see this boy here tryin' to make
off with n pitchfork, here, in his hand, but
we pinned him. Little ! knew what use
he was afther putin it to. wish had no
more to tell; it's dear | Armed your lord
ships plates. We found my poor boy a
dead corpse in the furrow, an there's the
vilIyan that done it,
The two other witnesses being examined
corroborated in all its circumstances, the
evidences given by the first. Having pa
iiently heard all they had to say, and find
ing that they had not detected the man III
the very act, Moynehan seemed anxious
TO dismiss the case. 1t is true, he said they
had found man on the spot with bloody
weapon in his hand, and with Ills hands ON
the dead body. This and his procipitate
flight when seen, and the disagreement the
previous evening, were strong circumsan-
ces; yet they did not amount to actual evil
dence of guilt, and he called on the prison.
er for his explanation.
The unhappy man turned pale and red
alternately, and trenbled as if his doom
had been already fixed. lie acknowledged
the dispute, indeed all the circumstances
deposcd by the accused yet he attesicd
heaven that he was wholly guiltess.
8 | went into the field, said he, ito my
work, an ! found the corpse before me in
a flrrow an the pitchforli lynn near it,
an while was ieclin' him to see l. he had
any life, because ] was Altered they'd say
twas done it, and | took the ?itchtork in
my fright.
Mr.. Moynehan, who seemed affected in
the strongest manner by the poor fellows
anxiety, was so far from judging him guilty
that lie peremptorily refused to issue Il
warrant of commitlal, and used Il his in
fuence to dissuade he friends of the de-
ceased from proceeding further against the
prisoner. To this, however, they would
by no means listen. They conveyed the
accused before another magistrate, who
committed him to gaol without hesitation.
The day of trial came, and Mr. Moynchan
happened to he one of the jury. The cvi-
dence was the same as before the Judge
his old acquaintance. To the whole court,
except to MIR Moynehan, the testimony
seemed conclusive. He, however, would
not listen to the thought of n conviction.
The arguments of eleven of his fellow
jurors were vain--he would not subscribe
to their verdict. The latter, however, was
not to be moved, and the issue was, las the
rumor goes,) that the jury were kished and
the prisoner set at Liberty.
When the Judge had returned to his
lodgings, he could not avoid rejecting on
the extraordinary character of this man,
who had thus TO crafty favorite theory,
let murderer loose npon society, and set
up his own solitary judgment against the
unanimous conviction of u crowded court
So deeply did it prey upon his mind that
they might exchange some quiet CONVERSE
ton OIL the subject. The latter readily at
tended on his summons.
serious air, on hearing the cause of the
Judges message, 'you may remember IL
conversation which we had some weeks
since on the subject of circumstantial evil
dence?
Perfectly WELL replied the Judge.
Il told your lor'lship, then, said Mr. Moy-
nehan, that the time might arrive when
should have un opportunity of making you
n convert IN nv own oniniop
That time, Mr. Moynehan, is certainly
yet to come; for l never knew case so
clearly against you, as that we have tried
to-day. May l request to know your reas-
ohs for such perseverance,
to give it no harsher name"
My reasons are at your lordship's SER
vice. answered MIR Moynehan, provided
That l have your solemn word of honor
not TO dvulge them during my own life
time
The judge, without hesitation, gave him
the promise he desired.
Il admit, my Lord said Moynehan, that
this case has all the strength of circumsfan-
tal testimony which you considered neces-
sary; but could not in conscience convict
the prisoner, for am myself the slayer of
the deceaS ed
The Judge started back in horror.
yes said he, lit happened on that morn
ing that was in the field before any ofmy
workmep. The deceased was the first who
made his appearance, and rebuked him
for his neglect. Being man of hot tenn
per, he answered me with more than equal
warmth, and lost all command of mine.
struck him he returned the blow ; / held
the pitchfoek in my hand, and with one
blow more feiled him to the earth, ! fled
III terror, and in less than one hour niior
the prisoner was brought before me. Judge
whether | had no reason to he constant In
my verdict of acquittal.'
1 he Judge kept his promise; bnt from