Liberty advocate. [volume] (Liberty, Miss.) 1835-1866, 1843-08-05

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1 lpaper. II is such cases MS this wh'cn
; furnish the strongest arguments 10 W"
T. friends OF adjustment OF capital PUNISH
ment AT the Surry Sessions, wnlch
i concluded on Saturday afternoon, mr
ICharnock, who was engaged 10 delend q
prisoner (he evidence for the prosecution
entirely resting on crcumsinnlnl eV'-
dence,) said. such evidence was always
dangerous to conviction, and cl'e1 inc
blowing remarkable case, which me
learned consul said was not generally
Known
On the northern circuit, a few years
ago, n respectable farmer was indicted
for the wilful murder of his niece, to
whom he was left executor and guardian.
A serious quarrel took place between the
uncle and his ward, and the former was
heard to say that his niece would never
live TO enjoy her property, although she
wanted but short period of becoming Of
age Shortly after this declaration and
quarrel the niece was suddenly missed,
and no one knew what had become of
her. Rumors were quickly spread TO the
advantage of the farmer, Until it was
at length publicly reported that the far.
mer had murdered his niece, for the sake
of possessing himself Of her property,
and that he had concealed the body
On his being apprehended on charge o
murder, various spots Of blood we're
found on his clothes, those being the
garments he was in the habit Of wearing
Appearances went so much against theI
prisoner hat he was committed for trial.
At the Assizes application was made to
the Judge TO postpone the case, OH the
ground that public Indignation was so gen
orally excited against the prisoner, that
he could not safely 60 to trial, and an af-
iidavit was put in that. ftime was granted,
there wa no doubt that the ;.iece would
b. reduced in court, and that he prison
rT was entirely innocent OF the murder.
The application was successful, and inI
the interim the most strenuous exertions
were made on behalf of the prisoner and
his friends to find The niece, but all 10 no
purpose, and the search proved frultess.
The period Of the assZes at length came
round, and being unable 10 produce the
niece, the prisoner, TO save his life, re-
sorted 10 a deception, the fatal step of
which procured his condemnation and
execution within 40 hours after the trial
4 young lady was produced in court, ex-
'ctIy resembling the supposed murdered
emale; her height, age, complexion, hair
md voice, were so similar that many
persons in court, who were acquainted
With the niece, were satisfied that she was
he same, and some witnesses actually
'wore TO the identity. An in:imation,
however, was given to the counsel forthe
prose cution, that the female in court was '
lot the niece OF the prisoaer, but the re-
sembance was perfect. By the most
'kiliul cross-eXamination by the counsel
or the prosecution, the artfice was at last
and the jury without hesitation I
Pronounced the fatal verdict of guilty {
His Lordship in passing sentence ofdeath, r
laid it was impossible the jury could have C
ome 10 any other conclusion, and SEN
enced the unfortunate man TO be hung il
m the following Monday. On the scat
old, with his last breath, the unhappy n
onvict declared his innocence, but the C
clergyman rebuked him for his hardi- 1
ood, and the spectators who had wit y
essed the execution, were satisfied he /
led guilty man. Within two yea RS h
lter the execution the niece made her \
ppearance, and claimed the property to b
which she was entitled. 1t appeared tina, h
n he day after the unfortunate quar- ii
ell, the niece eloped from her unce's h
ouse with stranger TO whom she had de
gently become attached, and had never
cen heard of, until her sudden and unex- al
ected return, and that she had only by W
ccdent heard OF her uncle's execution. fl