Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1850-04-18
A REMARKABLE CASE.

The following remarkable case of circum-
stantial evidence is taken from Cowen and Hills
Notes on Phillips Evidenced:
In the reign of Queen Elizabeth man was
tried before Judge Dyer and n jury for murder.
The Evidence brought forward on that occasion
was wholly circunIsiantial in It's character, but
still clear and consistent throughout and appar-
enily having the effect of cpnvicting the uccus-
cd OF The crime laid TO their chnrge. The Jnrige
80 regarded the evidence, and strictly enforced
this view of the matter upon the minds ofhe jury.
The jury retired, but were Too long in their de-
hbe'ations tor the patt nee of the Judge, who
forthwith sent an officer to ascertain the cause
OF the delay. lis official soun returned with
the intimalon that the Jury had not yet agreed
ON their veldci. After further discussion on the
part of the Judge, they at last entered the court
with the intelligence that they had not agreed
, on their verdict. The Judge, suprised at this
MS The evidence was 81 clear against the PRISON.
or, sent them back again to reconsider the tvi-
dence; but they returned the second time with
erdict of " not guilty" against the prisoner.
The Judge was farely enragcd at this, and re-
fused either to record the verdict or discharge
the Jury. He sent them back again to their ap-
,rtment supperIcss and without either fire or
light. But again no headway could be made.
The foreman would not bulge from the con.
c'nSion that he had arrived at-that the accns.
ed WAS innocent HIS briher jnriour argued
with him, and frnwned upon him as being the
author Of all their troubles. The foreman, how
ever, regardless Of their crimlnatIons and re.
ordinations said that he would rather die than
convict the prisoner. hgolr the jury appeared
bcfure the court repeating iheil former verdict.
The court this time was ntccssirated to receive
the verdict, and the prisoner was rthNiih ac-
quilted. Shortly aiter the foreman Of the jmy
called one day at the residence of the Judge
for the pS pose Of making certain revelations
regadiug the murder Before, however, giving
the statement of the foreman in reference to The
m1tter, we must in the first place exhibit the de-
ftnceset up by the accused at the trial The
murdered man SO far as we remember the story,
was reaper and had his pitch!ork lying beside
thnn when the accused came up to assist him in
his extremely, for he was living. While the ac.
cused was in the act Of holding up the wounded
man he vomited quantity of blood, and expir.
ed
The blood saturated the clothes Of the C
cnSed and he thinking that he might get himself
into trouble by being found alone with mnr-
dered man, fed, aud in the hurry If retreat, lett
his own ptchl0rk and took thu belonging to
the deceased. 1t was this unhappy mistake
which served Ia fix upon the accused the fanlt
oI the murder; besides, the fact of his clothes
beng dyed with blood was strong corrnborato
fy evidence against hun. This was the teslimo
ny as presented to the jury; and but Tor the I'M
accountable obstinacy of the foreman, they
would have returned a verdict of "gulty."--
The foreman, however, in his Interview with the
Judge, showed that he alone had killed the man.
but 1t was done in an affray, and Immediately
after he (the foreman had decamped, the ac
= cused came up. The foreman however, know
i ivy C'u' MS I'Ichu '"r hc was MS Irienu was
y likely to suffer by being impeached, sought eve.
ry opportunity to be put upon the jury, which
was as we have seen, successfully accomplish
, ed. Previous conditions have been entered in.
> to between the Judge and the foreman that the
10 confession made should never be divuIged dur.
ing the lifetime of either party promise wa,
given that the whole story should be published
uiterwards-as showing to all coming posterily
the great danger OF condemning any man OF
IT evidence entirely crcuns'anlal.