The Minnesotian. [volume] (St. Paul, Minn. Territory) 1851-1852, 1851-10-29
CIRCUMsTANTIaL EVIDENCE.
The Monticello Waterman contains II

CIRCUMsTANTIAL EVIDENCE.
The Monticello Waterman contains the
proceedings Of the trial of VIM. r. Pal
MGR, charged with the murder of his bro
Their, Timothy Palmer, in the town OF
Mamakating, New York, in May last
There was a quarrel between the broth
ers as to the title of certain lands, and
William had threatened many times to kill
deceased if he persisted in cutting wood,
peeling bark, &C., on the premises in dis
pute. One witness testified:
William said that Timothy was de-
stroying his wood; he did not like to have
him there, and would not have him, and
would fix plan that he should not stay
there that in August, about the time ms
mother died, witness asked him how his
mother was he said she was not well,
| that she had been mother once to him,
but now he wished TO God she would not
live two hours; she was no mother to
him, she turned for Big Wmdr.' Will
liam generally called Timothy by that
name.'' To another witness he said if
he had put ball through Timothy two
years ago he would then have had his just
dues witness told him he would be hung
if he killed man; he said he did not
think it any more harm than it would be
to shoot a snake"
The testimony showed that deceased
was alive al noon of the Is h of May last;
that about one o'clock Of that day he left
his home alone for the woods, in which
his body was found, to peel bark that
the prisoner was home about the time he
left, and no other male person.; that abou,
half an hour afterwards the prison took
his rife and went in the direction Of the
woods, where the body Of the deceased
was found; that about two O'Clock the re-
port of rifle was heard in the direction
Of the bark pceling, and, as Mrs Palmer
testified, cry Of murder, and as Mr..
Rafferty, says, a shrek; that the prisoner
informed Mrs. Palmer, when he left tho
house, that she need not call him 10 din
ncr, and that he returned 10 the house
about five o'clock, from the direction Of
the woods in which the body was found.
There was n tree upon the Lody, SO placed
as TO give The idea of accidental death bv
its fail; but an examination showed
buckshol wound in the breast TO The hear,
the buckshot resembling some in posses
sion OF the accused /; and the wadding
extracted from the wound, which ii had
penetrated two and half inches, was
found TO bc part Of the Albany Eve
ming Journal OF Apri! 10, 1851. Ii was
washed and could be read. A loaded
gun Of the prisoners was discharged the
next day on the coroncr's inquest, and
found TO contain a wadding which was
part Of tho Evening Journal Of the same
date, of like type, &C., prcsumplively
the same paper. The jury returned
verdict Of guilty. Wien asked if he had
anything to say, the prisoner replied
Yes | have. The on is that
am not guilty Of The crime, and it has
not been proved satisfactorily. At has,
think the evidence was altogether cir
cumsianlial and prcsumptive.'
Judge Wright. after an impressive cx-
hortatlo", sentenced The ran TO nc hung
on the Goth Nov. next. The evidence and
malignity and basencss on the part of
the prisoner, which he seemed to have
iostcred. till, from step TO step it reached
murder. 1t will be rccollcc, that the
shooting of Miss SharpIcss. in Chester
county, Pennsylvania, by Geo. Pharaoh,
was traced to tho murderer by the cir
cumsiancc that the wadding was found
to be part Of a newspaper in his pos
session.