Southport telegraph. [volume] (Southport, W.T. [i.e. Kenosha, Wis.]) 1840-1850, 1849-10-19
Circumstamiiai Evidence.


Chronicle, While it strikingly exhibits the fallibe
! and uncertain nature of circumstantial evidence
affords also, convincing proof of the ndspen-
slbIe necessity OF procuring NEUTRALITY-SUSPICIOUS. OF
the highest order IN all criminal cases relating to
! Injuries to persons. The narrator, Mr.. Perfect.
is surgeon of Hammer-Smith, England:
! 1t Is now thirty years ago, that accidentally
| passing the Pack-horse, Turnhan Green. nv
attention was attracted by a mob of persons OF
the lower order, assembled round the door of the
Inn, who were very loud in their eyecrations
against some person who was suspected of ha.
wing murdered his brother, III confederation of
which | w?s told that his bones were found near
the promises where he formerly resi- led. upon
view OF which jury was then sitting, after an
adjournment from the day preceding. | found
two surgeons had been subEunGd to inspect the
remains, and no doubt that every information as
to their character had been obtained, curiosity
| aIonc therefore induced me to make my way IN
to the room, where found the coroner and be-
! llcVe double jury were setting for the second
day and engaged in an investigation which ten
d2d to show that farmer and market gardner at
Sdtton court Farm had a few years AGO a brother
| living with him who was engaged on the farm,
but whose conduct was dissolute and IRREGULAR TO
a degree that often provoked the anger of the ell
der brother, and sometimes bcoat strife and vo-
llnce between them: that the temper of the elder
brother was little under control as to the conduct
OF the younger; and, in fine, that they lived very
unc0mtortably together.
Ona winters night, whom the ground was CO.
vcred with snow the younger brother absconled
from the house Q>r they both lived torether) by
letting himself down from his chamber window:
and when he was missed the ensuing morning,
his footsteps were clearly tracked in the snow to
considerable dstance-nOr were there any foot
steps but his own.
Time PASSED on, and after lapse of some few
years, no tJiugs Were heard Of his retreat, nor,
perhaps, has there ever boon since, Some altc-
ration in the ground surrounding the house ha-
wing been undertaken by Il subsequent tenant
(tor the elder brother had left the larm) appeared
50 conclusive that one brother had murl red the
other that the popular clamor was raised to the
utmost. and jury cnPuunclod to invoati4ato the
case.
After listening very attcntively to these details
| vcnturod to request of the coroner to be allow
cd to examine the bones which We're contained
in hamper basket at the further end of the room,
and felt much battered by his immediate com
pliancc and desired the parish hoade who was
III attendance, to place them upon the table; and
having myself disposed tham in their natural or
der, | found that they represented person OF
short stature, and from the obiIteraton OF the
skull, and the worn down state OF the teeth must
have belonged to an aged person. But what was
my surprise when reconstructed the bones OF
the skeleton. and found the lower bones Of the
trunk to b, those OF ii female. | communicated
the fact to the jury. and requested that the two
medical men who had before given their opinion
might b, sent for, one Of whom Immediately at
tended and without Il moments hesitation corro-
borated my report.
need not aid that the proceedings were III
SANITY al an end, and thc innocent man received
the aAleHI, AJuort5L4,in the shape al IN apology
from all present, IN Whlch the coroner heartily
joiacd. lthas since been proved beyond all doubt
that the spot where the bones were found was
formerly the site Of large grave pit, IN which
hor!cs of glpsies not only assembled. bat Occa-
s.oaaIiy buried their dead, ANA perhaps more skc-
lctona are vet to be found i'll that vicinity.
Not so fortunate IN its issues was the case we
suboin to this. and which occurred in England
previous to the reign OF Charles II. The nara
live is given in one Of the early volumes Of the
G,lIsmi,na Magazine.
4 gcatltmm died, possessed very consdcra-
be fortune, which he left TO his only child a
daughter,appointtd III, brother TO be her guardian
and executor of his will. The young lady was
then about eighteen, and if she happened to die
unmarried, or if married without children, her
fortune was left 10 his heirs. As the interest Of
the uncle, was now incompatible with the life Of
Inc nricC. several ether relatives hlntCd that II
Wouid not b, proper for them TO live together.
Whether lcy were willing to proven. any oc-
casionai SANDER against the UNCLE IN Gaze OF the
young ialv'S death whether they had any APP
prehnn~ous OF her being in danger. or whether
they were only discontinued with the father ;
disposition of his fortune. and therefore propaga-
ted rumor 70 th2 prejudice of those who possess
cd il, cannot be known: the uncle, however,
took his ncice to his house near Epping Forest,
and soon after she disappeared.
Great inquiry was made, and it appearing that
on the day she was missing she went out with
! her uncle into the forest, and that he returned
without her, he was taken into custody. y few
days altcrW.ard he went through Il long cXanna-
lion, in which he acknowledged that he went out
with her and pretended that sac found means TO
| ioitcr ba.ud him, is they were returning home,
/ that he sought her in the forest a. soon as he
! missed her. ana that he knew not where she was
! or what lad become OF her. This account was
! thought improbable, and lis apparent ntcr-
! est in the death ct his ward. and perhaps the
! petulant z.al of other relations concurrcd to
| raisn and strengthen suspicious against hlm. and
! he was detained in custody.
Some now circumstances were every dav RI
/ sing against him. II was found that the young
/ lady had been addressed by a neigh5oring gen
! tlcman. who had set out on a lourn"y 10 the
north, and that She declared she would marry him
/ after he returned, that her uncle had frequently
Expressed his appreciation OF the match in very
strong terms. that She had often wept and re-
/ preached him with unkinIncss and an abuse of
/ his power.
/ i woman was also produced, who swore that
| OF the day the young lady was missing, about l
o'clock in the forenoon she was coming through
, the forest and heard womans voice expostula-
ting with great carnestness: upon which She
drew nearer the place, and before she saw any
/ person, heard the same voice say: Don't XIII
| me unc,e; don't kill mr!"-upon which she was
| greatly terrified, and immediately hearing the
report of a fre-arm very near. she made all haste
! she could from the spot, but could not rest her
mind until she had told what had happened.
( Such was the general Impotence 10 punish a
man who had murdered his nelco to inherit her
/ fortune, that upon this evidence he was con-
dnmned and executed.
/ About ten days after the execution, the young
4 lady came home. 1t appeared, however, that
what all the witnesses had sworn was true and
/ rho fac, ,,tos found Ia HI Tins cirrumSfancpd