Wisconsin herald. [volume] (Lancaster, Wis.) 1846-1849, 1846-04-11

lance from the path, lying as ifdead, or
drunk that he went to see what con-
dition the person was in, and found MN
in the last extremity, with two WOUNDS
in his breast, from which great deai
of blood had issued that in order to
relieve him, he raised him up, and with
great difficulty set nm IN his zap 'na'
be told the deceased he was greatly
concerned AZ his unhappy fate, and the
800 60 as there seemed too much
reasop % apprehend he had been MUIR
darsd that he entreated the deceased
70 discover if possible the occasion of
his misfortune, assuring him he would
use his utmost endeavors to bring the
murderer to justice /; that the deceased
seemed to be sensible of what he said,
and in the midst of his agonles at
tempted to speak, but being seized with
rafting in his throat. after hard
struggle, he gave dreadful groan, and
vomiting a great deal of blood, some
of which fell on his (the prisoner's)
clothes, he expired in his arms that
the shock he felt on account Of this
accident was not to be expressed and
the rather as it was well known there
had been difference between the de-
ceased 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 in, and to take no
further notice of the matter that in
the confusion he was in when he left
the place, he took away the fork of the
deceased, and left his own in the room
of it, by the side of the corpse that,
being obliged TO 60 to his work, he
thought it best to shift his clothes (;
and that they might not be seen, he
confessed he had hid them in the place
where they were found that it was
true he had denied before the justice
to have changed his clothes, being con-
scious that it was an ugly circumstance
that might be urged against him, and
being unwilling to be brought into
trouble if he could help it. He con-
Guided his story with solemn declar-
alton that he. had related nothing but
the truth, without adding or diminish
ing one title, as he should answer it to
Almighty God" Being called upon
to produce his witnesses, the prisoner
answered with a steady composed
countenance and solemn tone of voice,
that he had no witness but God and his
own conscience.
The judge then proceeded to deliver
his charge to the jury, in which he
pathetically enlarged on the heinous-
ness of the crime, and laid great stress
on the force Of the evidence which,
although circumstantial only, lie de-
clared he thought to be irresistible, and
little inferior to the most positive proof;
that the prisoner had indeed contrived
most plausible story, but if such al
legations were admitted in a case of
this kind, no murderer would ever be
brought to justice, such bloody deeds
being generally perpetrated in the
dark, and with the greatest secrecy ;
that the present case was exempted,
in his opinion, from all possibility Of
doubt, and that they ought not to hest.
tate one moment about finding the
prisoner guilty.
The foreman begged of his lordship,
as it was a case Of life and death, that
the jury might be at liberty to with
draw and upon this motion an officer
was sworn to keep the jury. The trial
had come on in the morning. and the
Judge having sat till nine at night, ex-
pecting the return of the jury, at last
sent an officer to inquire if they were
agreed in their verdict, for his lordshiP
would wait no longer for them. Some
answered that eleven of them had been
of one mind from the first, but their
foreman was Of different opinion, and
was unaterably fixed in it. The mes
senger no sooner returned, but the
complaining members, alarmed at the
thoughts of being confined all night
and despairing of bringing their dis.
senting brother over to their way oil
thinking, agreed to accede to his opin.
ion, and having acquainted him with
their resolution, they sent an officer to
detain his lordship few minutes, and
then went into court, and by their
foreman brought in the prisoner not
guilty.
His lordship could not help express
ing the greatest surprise and indigna-
ton at this unexpected verdict; and,
after giving the jury severe admoni-
ton, he refused to record their verdict,
and sent fhem hack arain with direc-