Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1845-05-29
Volume IV$=;;;;#aNumber 4g.


how easily one may be mistaken in affirming the iden-
tity of person. Men have been hung, and suffered
other penalties of the law, from resemblance
to other men, and from being mistaken by witnesses
for them.
recent and striking case of this sort is recorded
in the Fayetteville North Carolinian as having occur
red in Orange County, N. c., short time ago. A
free negro was arraigned for attempt at rape. A
married woman whose husband was off at work about
thirty miles, attacked one night by negro man,
who attempted a rape her, but succeeded no fur
Their than 10 brighten her very much.
She forthwith gave information, and bad free ne
gro in the neighborOod arrested The trial cane
and she swore positively that the free negro was the
man. Another witness, an old man who was passing
by the house just before the committed, also
swore that he had met this free negro, spoke to him
(at some distance) and asked him if the man who
lived at the house was at home, and if there were
any dogs there. The old man told him that the man
not at home and that there were no dogs there.
The free negro proved, by two highly respectable
young gentlemen, that he at their fathers house
the very night and at the very hour when the act
said to be committed. What would have been
done with the free negro is hard to say, under the
circumstances, had not the matter taken quite new
turn.
1t so happened as many other strange things hap
pen, that there slave or boy in the neigh
hood, the very counterpart of the free negro to
color, face and FORM and belonging to the father of
the young gentleman who testified that the free negro
was at their house the night of the crime. This
slave boy confessed that it was him that committed
the crime and not the Free The confession made
to the Clerk of the Court and also to of the
sci. Of course he was Immediately arrested. This
put new aspect on the matter, and the two prison.
ers were brought into Court. The woman upon whom
the act was committed, was then directed to point out
the man, and she still declared that ii the free
gro. The old man witness was then called on and he
decided it was the free negro such is the tenacity
with which some people cling to first impressions,
and ORIG finally: expressed opinions. But what is
stranger than all, the very counsellor to whom the
slave made the confess: SION, when asked 10 point
to the that made the confession, pointed to the
free negro! But the Clerk of the Court, TO whom
also he confessed, knew the slave perfectly WELL and
had known him from boy; he very readily cor
rected the mistake made by the counsellor.
Another singular circumstance is, that the woman
should make such mistake, when the free negro had
been employed about the premises for a day or two
in ploughing which circumstance also proved some.
thing IN his favor, from the fact that he knew thai
the omsHs husband was not at home, and that there
were dogs there, and consequently would not have
asked the old man the questions which were asked
| by the slave. At the same time such knowledge
might also be made to operate against him.
| The slave confessed that he deceived the old mar
in this way he hallooed to the old and asked
| him how he was land the old man returned the sa
lutation and asked if that Ben, (the free negro
The boy, finding he was not known, did not discover
himself but carried out the deception by answering in
the affirmative. The boy also said (and he was
naturally wild boy, many believed it to be true) thai
he had no intention of doing any harm; only intend
ed to Brighten the woman; that he did from
home with any intehton of such thing, but just
ne got near the house the devil seemed TO put in his
head to do mischief, and led him 10 the COM
mission of the crime
The free negro was released and the slave boy was
| hung. The evidence of the and the old man
made such impression against the free negro that
some were 10th to believe but what it was him; but
the slave persisted in his statement of his guilt.
and said just before he hung, that it all right
he was the one and not the free negro
Whit caution such cases should be to persons who
are called upon to swear identity of another in
case involving the life of an individual For it is
rare chance find that honesty and virtue in to
prompt confession which would subject their own
neck to the gallews.