Litchfield enquirer., 1850-01-10
Extraordinary Turn in a Criminal : Trial.


 A correspondent of the Albany Argus lives the following interesting particulars 1.-the trial for murder and unexpected ac> .ui,al of John Talmage, respectable cit- .zeR of Saratoga county:-
 The most singular and astounding de- pelopements lhat ever transpired in court Hiustice, have just been made before the Dyer and TermineT now sitting in this place.
 4 You remember the case of John Talmage, .sndicted here last spring for the murder of Wm. l.. Dodge, the engineer who was killed py the cars running of the track near this ,9ace. The catastrophe was produced by slones placed, as was charged, by the ac- :psed, on the inside of the rails. Talmage $ an intelligent and wealthy farmer, and sp to the time of his arrest, had maintained hcharacter and standing that placed him seyond the reach of calumny. Yet he was Thigh spirited and passionate defender of his alleged rights; and as the railroad passed through his farm, he had been sub lected to the loss of several cattle, in con- seQuence of which much litigation and bit- tef animosity had ensued between tha par ties. Talmage had been heard to say he 9hoped to God the cars would ruA off j" end this, together with the circumstances referred to, had concentrated public suspi- cion upon him, and he was indicted.
 At length two witnesses (rishmen.) were found. who professed to have seen Talmage place the stones on the track. Their story Was simple and plausible, and there seemed on the part of the accused no possible es- cape from the gallows. The man who had bsen honorcd by the people with public trusts, and had represented them in the siase legislature, was soon, in the reluctant belief of all, to swing on the scaffold, and expiate the crime of deliberate, cold blood, ed murder.
 In this state of things the day of trial arrived. Thousands from all sections of ihe country crowded the scene, eager to catch every movement, and listening with fearful eyes to every word that seemed to male against the prisoner. The most em- inent counsel in the state were, employed en both sides. The prisoner, persisting in his innocence, with pale countenance and m eye of wild agony, sat restless and trem- Ding in his box. The two principal wit nesses took the stand. They were calm Nnd apparently honest, in the plaRfthte stc- M which they luld. aRd from he effect of which it seemed impossible for the accused to escape. His wife, who sat by his side, and who up 10 this moment had preserved an unexampled composufe, now burst into flood of tears, winch streamed down her beautiful face, and by her heart-broken sobs interrupted the proceedings of the trial l; and the friends of Talmage began to aban> don all hope, aud ts prepare their minds Tor the awful sentence and the still more appalling sce-e that was soon to follow. s# At this point Sndden movement of the sscrowd took place towards the doer of the K court room. "Make way! make way 7" resounded through the spacious hall, Two men entered, pressed their way up to the srrisoner's counsel, and whispered agitated And almost breathless, in their ears. A tellow- Irishman, who had long known that fhe story Of these two witnesses was sheer fabrication got up to obtain the, reward off, cred for the detection of the man who placed the stones on the, track, had been mOoved by conscience to disclose it, and conduct $anoiher; person 10, the proof, positive and undenia ble, that when the fatal catastrophe occurred, lhpse witnesses were not in this country, but in. Ireland, or on their way here This proof was. now presented to the prisoners. counsel The witnesses were placed upon the stand. Their guilt was full and positive., The attorney for the people at once moved to withdraw the pros> ecQtion and to arrest the two false witness, es on the spot: which was granted, and such a shout as rang through the multitude present, aAever before thundered from the windows. of court house., Talmagc was borne. of on the shoulders of the people ; and the booming of six pounder, as ex> pressive of their exultation. closed up one of the. most novel and exciting scenes that ever tranSpired in any court or countFy. TAns teIs1rasaySn unS; uf sl1S fouisSI and most unexampled efforts to convict aRd hang an innocent and respectable citizen ; an effort which but for the mereSt accident, would have proved successful.