The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1850-04-24

The Double Trial.
STORY OF cIRcUMsTANTIAL EVIDENCE.
For many years, Sir James Fanshawe, Bart. Of
ancient family and large estates, had resided at
- Abbey, about seven miles from the county
town. He was widower and had but one child.
beautiful and accomplished daughter, who, upon
his decease, (she then being just twenty-one,l
became sole possessor OF his property and also
continued to dwell at the same place Shortly
after her fathers death, Miss Fsnsllawe benevo-
lentiy adopted as her companion distant relative,
a hIgh-born young Irish lady, named Eveleen,
ONeil who had just been left, not merely fortune
less, but totally friendless orphan.
On the day OF the Assizes, at a well-known
county town in England, this young female Eve
leen O'Neill, was brought into the dock under an
accusation Of having murdered Miss Fanshawe.
Ihe accused was tall, graceful modest and beauti-
ful, with large dark eyes, features deadly pale.
quIverng lips, and her hands lightly pressed be-
fore her.
1t was charged that this orphan cousin, this de-
pendent, deliberately murdered her benefactress,
tempted by mercenary motives Miss Fanshawe
having previously made will leaving her prom
erty to Eveleen, in case she should die unmarried
Ihe principal evidence introduced was the butler,
named Collins. He stated that "a few minutes
alter o'clock, on the morning of the 2Sth Of July
he was aroused from his sleep by repeated violent
screams, issuing apparently from the sleeping room
ot his mistress In great alarm he partiaIlv
dressed and hurried as quickly as he possibly
could towards that room. The door stood slightly
alar, and pushing it smartly open he crossed the
threshold, and was Mortified by what he irnnedi-
ateiy saw. On the carpet, by the side of the bed
lay the body Of his mistress, in her night-dress
bathed in blood. Kneeling close TO her was the
prisoner at the bar with her left hand resting on her
mistress bosom, and her right uplifted small
| drawn dagger, which was apparently about to be
| plunged in her mistress body. Both the dagger
and the hand which held il were dripping with
| blood shudder Of horror agitated the whole
/ court at this part Of the deposition and the ac-
| cused sank her head between her hands. oroan-
ing heavily. The examination proceeded:
| Mr. Collns.-Will You here describe the exact
position in which your mistress lay when you first
| saw her?
Witness.-She was stretched out upon her back,
her knees drawn up some height from the cafpet
which, being loose one, was ruffled on heap rn-
der and around her, though great struggle had
taken place. Her head lay on one side, with the
right cheek resting the carpet, and her hair was
torn from underneath her cap, and hung backward
over her head.
| Mr.. Colns.-You say that the prisoner was
kneeling by her side. and holding dagger, which
you thought she was about plunging in your mis-
| tTess' breast?
| Witness-Yes.
| Mr. Collins.-And there was quite sufficient
oayhgnt Tor you to see, with perfect distinetness,
| the objects you have described?
| Witness.-Yes.
Mr. Colhns-Now, sir, on your oath, was the
| point OF that dagger directed downwards?
| With considerable hesitation, the witness con-
essed that he could not speak positively IN this re-
| spect
| With regard to the chamber, no time was lost in
making strict and well-condueted examination q
| The apartment; and the result was, that several
most extraordinary matters were brought 10 light
Ihe bed IN which the ilI-fated lady had slept was
completely saturated with blood, and the sheet.
tumoled and twisted in way that clearly evi-
uenced that she must have fought hard with her
murderer. By passing the curtains aside. Miss
tanshawe could reach the pull Of bell hanging in
her own maids room. and so summon her at any
moment she required. This bell-pun was found
carefully tied round the adjoining bed-post, COM
pie,ey out OF the sleePers reach. This apparently
indicated two important facts first that the mur
der must have been a deliberately planned affair
secondly, that it must have been committed by
some one Intimately acquainted with the apartment
on the victims body being examined, it was found
that she was stabbed in nine different parts: and
her hands and arms were also gashed in many
places, IN a way that showed how desperately she
must have fought for life. On the bed was found a
very large lock Of hair, torn up by the roots
The hair was at first thought to be Miss Fan
shawe's own but, on examination, none was torn
from her head; neither did the lock correspond in
the least with hers, either in color length This
was also the case with Eveleen and after a most
patient investigation at the inquest, all concerned
unanimously admitted the inexpcable fact, that
this lock OF woman's hair was neither the murdered
ladys NOR that of the accused. Eveeen herself
gave the following voluntary explanation of the
position in which she was found:
" | was aroused from my sleep bv bearino what
conceived to be struggle, mingled with smoth-
cred screams, going on in the sleeping apartment
OF Miss Fanshawe. / listened. and hearing
scream still more distinctly and also what thought
to be cry for help, hesitated not moment in
hurrying towards the room. As approached the
door, which was at the end of long corridor. and
at considerable distance from the sleeping room
OF any one else, my chamber being the near
est to IT. heard what thought to be voices of in
divduals hurriedly conversing but when reached
the door, which Miss Fanshawe never locked,
found It slightly open, and on entering, discovered
her feless body on the floor in pool of blood
There were no persons visible in the room.
screamed repeatedly at the sight, and in dreadful
agitation sank my knees, and then fell across
the body, by which became besmeared with the
blood ofmy dear murdered friend, whom loved as
myself. On arising happened to a dagger,
and lifted it up by the end of the blade, hardly
knowing what did. At this moment the butler
entered the ROOM"
The defence of counsel was unavaling; sem
tence of guilty was rendered, and Eveleen al.
though subsequently found to be innocent - was
executed
At the very next Assizes, a man, who was snr.
rounded by an appalling mystery, was accused of
being the sole perpetratOr of the deed. Circum-
stantial evidence brought the act home to him.
with conviction to the minds of all men. and
he was also sentenced, but anticipated his doom.
and poisoned himself in prison, by the aid of fe-
male accomplice, leaving the following confession
behind him: =.
" In q few moments shall be dead, and now
write all wish TO say, and, whatever inv life has
been, or whatever my religious notions are all man
may believe every word here write to be the SOL
enn truth. am innocent Of the murder Of Miss
Fatlshawe, and have not the remotest idea who
murdered her. The night she was murdered | was
many miles distant, and this could have proved
on my tral but could not have done SO without
eoniesslng that was engaged that night in COM
mlttiDg murder, but where and on whom will
never be known. NV hands were cut in the death
grappie, and my clothes smeafed with blood. As
10 tue witnesses who asserted they saw me lurking
aoout the Abbey grounds they ether wilfully lied
o. @ We're mistaken by my resemblance to another.
Inc dagger with which Miss Fanshawe was muir
oersd really was mine, although denied il on my
trial. being desirous to make the best Of my chance
OF aequttal. As deposed on my trial, was in the
hanlt OF carrying it about me, but lost il a week
before the murder was committed, near 20 the Alb
hey, and have no doubt the real murderer had
picked il up and used ii the INSTRUMENT Of the
deed. What my real name, rank, or country is -
who am or whatf have been-I will never tell
That secret, and many other, perish with me-"
1t appears, then, that the latter was not guilty,
from the ath'bed confession made by an old wo.
man tns SUBSTANCES OF which is as follows:
She said, that fOry-four years BEFORE she had lived
-