The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1850-02-26
Circumstantial Evidence.

Tn plea for the SUSPENSION OF public
opiri,on III the case Of men charged with
chime, rs IN Tie Case of Dir. Webster, Of
Boston, until the result Of legal inves-
,igaton has been attained, the Journal
Of Commerce remarks !:
Men do no, reflect that cifcumsfani
ce, trsy appear teffihAy against an in
nocent man. Tfre case ofthe Bournes,
in Vermont, has not escaped the rec|
objection of our older feaaefs, They
were tried and condemned to death fof
the murder of Russell Colvin. The
sentence Of one of them was commu~
ted to Imprisonment for life, and he
was already in the State prison at la
Dor. The other awaited execution,
The remains Of the murdered man
had, as was supposed, been destfoyedj
but nails. and bones. and buttons from
his clothes were found and identified.
A few days before that named for the
execution Of the condemned nffafr,
Russell Colvln entered town, alive and
well.
The Boston Transcript says. the
Journal omits to mention the most mar
relous feature in this case, which was
that the accused persons themselves f.
nally confessed the murder, fheir minds
having been wrought upon by some wor-
thy religious people, who actually drove
them to the belief in their own gdrft:
The last feature Of the foregoing Case
is rather too marvellous TO be true,
we think, bit upon the supposition that
the mental energies of the Bournes had
been broken down, and that when they
were wrought upon " to confess their
guilt. they were TO all intents, or to all
matters connected with their prosseu-
ton, utterly non compofcs. Guilty pef;
sons have often arowed their innocence
to the last. and at the moment Of beng
turned off on the scafold; but this ~
the first instance, we imagine, i'll which
innocent men have deliberately and
knowingly, and without, motive, confess
ed that they were gully. and guilty, too.
Of such crime as murder. Is it an in.
stance, though . Washington Glo6e
1t is strictly true that one OF the
Bournes made detailed, written con-
fession Of The murder, during the prog
ress Of the trial. il was not extorted,
manifeslly, in any such manner as the
Transcript intmates. Stephen Bourne,
in his confession, says that he had
quarrel with Colvin. May the tenth.
1912 that he struck him with ga
piece Of beech limb about two feet
long" and killed him. He proceeds to
tell particularly how he disposed Of the
body-changing the place of its con'
cealment several ,imes.-The Journal Of
Commerce correctly states the substance
of the evidence adduced on the trial.
After their conviction and sentences,
an attempt was made &c obtain from the
Legislature pardon, or a Communication
of their punishment. The sentence Of
Jesse (who was supposed to be merely
accessary) was commuted 10 imprison-
ment for life, but to Stephen no relief
was granted. The latter then caused 4
notice to be published in the Rutland
Herald, which was copied into distant
papers, stating the fact Of his condemna-
ton for the murder Of Colvin. with a
particular description Of the personal
appearance Of the latter--sayiLg that he
had been absent about seven years, and
that any person giving Information res
specting him might save the life of the
innocent. Colvin was soon aftef
found living in New Jersey, and brought
to Manchester. where his identity was
fully and indsputably established. The
Bournes were, of course, thereupon lib
Grated.
The general impression is, tina. the
Bournes had quarrel with Colvin. and
that they really supposed he was
killed. If such were the case, howevS
er, the advertisement needs some further
explanation. 1t would seem from that, =,
that Stephen, at least, believed Colvin
to be still living.