The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-03-08
The Criminal RECORD OF New England
The Eject or Clrcumstantis1 Evidence.

While the public attention has been recently 90
strongly excited on the subject OF aocious ana
much discussd illusions have been made to the
Of the Bournss which occurred In Vermont some
thirty wears since As this extraordinary with
out parallel in the annals Of jurisprudence, not
reported In the notes Of the newspapers
tsrss Il o. the Who
was present during the last trial and made himself
fully acquainted With its singular history
About the year 1906 1907 the family In question
farmers owning and cultivatlng q farm in the
township Of Manchester, county Of Bennington. The
he tsther Bepismin Bourne and his two sons
and Jesse. They were ignorant, hard working penu-
rious men, in very humble circumstances There was
man by the name Of Russell Colvin, . thriftless un
steady chap distinguished the rapid increase Of his
family rather than by bis ability 10 provide for them
and natural consequence, their suppors aiuly
provided by the Bournss Colvin would frequently go
on and leave his family for weeks sometimes months,
and there were five or elk children all helpless and de-
pendent. Qusrrelling and lighting between Russell
and the brothers became eqHeu their strife aud
tenton became notorious throughout the
At length Colvn disappeared for unusual period,
and bis wife had intmstion Of hs intention OF going
away public attention aroused, and some Of the
neghbors had euspicon offoul play but subdsd Yet
Is months and years rolled on occasionally something
would arise to induce suspicion that the
what had become Of Russell These surmses
cd from time e time In the for several
without leading to any dehpte action. At length In
the spriDg of 1sl9 after nearly twelve years hal
stances seemed to give more tangible form to these
vague .uspicions Inquiries were set on foot Ia
earnest the son Of Covin, boy eight years Of at
his disappearance now grown up and related that
the last time he saw his father he at work
with his uncss Stephen and Jesse, digging potatoes
ph.n struck his father With his hoe handle. and
Knocked him down sensssss. That he was frightened
and run for the houses but his uncle Jesse eud
caught him, and threatened him, II he ever told Of
their etrikipg his father he would kill him. When
questioned why he had told Of this before he
said he much afraid Of his unoes he dared
not This led to examination Of the potato deld.
In old excavation which had been used for storing
potatoes, was found pocket knife which rscog-
nied by Russes wife % belonging to her husband and
used by him when she last him. Under the roots
OF tree which had been blown down in adjoining
clared to be those of human body, with thumb or
toe nail. These, with other circumstances, fully
aroused the public attention that Benjamin Bourne,
prison. In the meantime, Stephen had removed to
what then called the Black River country, in this
State Several citizens Of Manchester we're dispatched
after him to bring him back. They proceeded and
found him In log cabin In the depths Of the forest
reached his place at twelve o'clock at night called
him up and on recognising them, he evinced great
agitation, serving to strengthen their already strong
persuasion Of his guilt One Of them remarked him.
did not weaken their conviotions it was shave YOU
found any thing Of the bones!" He brought back
to Manchester and committed to prison, denying all
knowledge Of Colvin asserting his Innocence the
last. In the meantime array circumstances was
brought out that produced almost universal con-
viciion of their guilt and inevitable conviction Some
to capital punishment urged them to make confession
as means Of having their punishmsnt committed to
his entire innocence he knew nothing Of the alleged
Transaction, and could confess nothing The father
asS,sa q. sn%wsSss o. the Affair." and no orcI% s
act, though he was generally believed to know more
about the affair than he would disclose Jesse after
long asserting his Innocence, as the time Of trial
preached wavered, and a. length declared he would
make full confession He declared that the quarrel
related by the Of Russell in the potato neld 40
tually happensd. that Stapheu kuo Al Inn dau
with the hoe handle; that they both beat and killed
him that they dragged the body to the potato hole,
the body and took IL to old barn which stood In an
adjoining FIELD took up the floor Of the barn, dug
ths harm rss tIuok b, gstnn s,a Snrnt
gathered up the bones, and sunk them In deep hole
In the creek not far Distant that afterwards when the
rain had washed the foundation the barn they
some pieces Of bone remaining, which they gathered
ana buried under the roots OF the old tree.
The Grand Jury found bill Of indictment against
ell three for murder and the trial before the
Supreme Court at September term, 1872 before the
Hon Dudley Chase Chief Justice After careful In.
vesffgaton 81 nearly week, In which abundance Of
circumstantisl evidence agreeing with and all
t.ntal points confirming the confession Of Jesse,
verdict Of guilty sgsinst both the sons They were
both sentenced to de but the Judge rather the
extraordinary nature Of the case than any doubts Of
the correctness Of the verdict fixed the OF their
execution in the ensuing February that IL anything
could be found In their favor IL might be made avail
able at the January term of the Court Though the
public belief Of their guilt almost universal there
few perscns who yet doubted. and there we're
others who denied the propristy Of taking life on cir
cumstsntial evidence. petition was presented to
the Legislature In October praying . Communication Of
their sentence to imprisonment for life. IL referred
to an able special committee. who summoned before
them Judge Chase, with his Of testimony; and
after full and careful nvettigatsn, they reported
commanding that yers's punishm snt be commu,sd to
imprisonment In the State prison for life, and that
stephen be LETT TO suffer under his sentence.
After the trial Who doubted their guilt
advertised description Of Russell Colsin and suggest
ing probability Of his eth being alive This saver-
semspt chanced TO be by gentleman Of shrews.
bury ~ - who at once recognised the desert ption
sgf eeiug with harmless crazy who had lived
any yesre with . substantial farmer In that town.
This pan had made his Appearance there soon
mont, went to this farmers house, Who was absent
ard ssked for food His wife set him to work.
aud he continued to work faithfully until tn. masters
return by this time, however new fancy had entire
pots,on Of his feeble mental powers lie considered
himseh the master. The wife and children his
the ia hls-but especially the cattle, which
his chief drlght-sl we're his IL was that he
hArulets very fAitbfsl and useful, and bargain was
concluded. The wife and children he would give up
they trouble than they worth; the farm
be would not insist upon but the cattle he would
at all hazards and he had continued since faith
fully isborns In the same place and partie uAry care
He answered the description Of the advertisement 90
fully that he ct brought to this city iona
chant 10 Coentiss alp MI Robinson recognized him
At once, and provided means to send him 30 Vermont
bot when told that stephen and lease Bourne would b
hurs n be did not 90, he consented.
The news soon reached Vermont aad received
with almost universal Incredibly The chief interest
seemed TO be to see how good foe suiie OF Russel
Col,in might be produced The writer gas much In
company with the judges, ct the December terms In
Ado,cn and Rutland csunties, and the earious dis
psys Of ingenuity they we're prepared TO expect ct
B.ppiDgtcn in Jssuary, W.. subject % almost daily
feeling that II almost impossibity that this
man should be ether than counterfeit Il might be .
very good counterfeit, but nothing more. They had
not been In town half hour when every doubt wss
removed. man might, perhaps, be found whose per.
sopal sppearsLce bore close resemblance 90 TO de-
GIVE and be mistaken In this lapse OF years; but could
he himself hnow precisely the came thingsi BE- famisr
With the came limited train Of ideas he had possessed
90 many years teforel
An individual was pointed out to him, then high In
once leader cf his party. He vas asked Who Is
that .sni n: replied By giving him ridiculous
souehquet which hsa been commonly applied TO him
some nfssen or twenty years before, and which had
osG been forgotten. He recognised the Boursee but
vith aversion. The old lady called to see him; be
aid not speak TO her He vas asked Russell don't you
know Who that 7" YES" says he, that's old Betty
Bourne why, Russell you used to call ne mother
kpov did, but shan't DO 90 any more ysu TOOK
her back He taken to the prison to see stephen
Steve ssid he, they ssy you're going TO be hung;