Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1852-06-17
MISCELLANEOUS.
Circumstamtial Evidence.

1
nal evidence, is copied from late volume of
Chambers EdinLarg yournal The tragedy
franspired more than hundred years ago; and
is now cited TO warn courts and juries against
relying too implicitly on circumstantial evil
dence.
| There is now, in one of the jaiIs of Duchess
county, says the New York Sunday Atlas. a
woman named Matilda Hoag, sentenced to be
execul, d on the 7th of May, for the alleged
murder Other husband. We read. with good
deal Of attention. the trial of Mrs Hoag. as well
as the charge of the presiding magistrate, the
of the testimony in the case was circumstantial
none of it was positively direct. We thought.
however that the circumstanrial was far more
reliable than the other, most of which appeared
10 us to be of very irresponsible character
The jury, however, found verdict of guilty,
in obedience rather, to what appeared TO he
village opinion than anything else. Had We
been on the jury, we would have remained
female child on Wednesday! We hope, that
lnasmuch as she is a woman, moher-inas-
much the testimony against her ought not TO
| ernor or receive communication of punishment
dren.
In the year 1742. case of very remarka.
ble nature occurred near Hull, England. A
gentleman travelling to that place was stopped
late IN the evening, about seven miles from the
town. by single highway man, and robbed Of
purse containing twenty guineas. The high
wayman rode off by different path at full speed
and the gentleman frightened but not injured.
except in purse. pursued his Journey. 1t was
growing late, however. and being natu ally
much agiiated by what had passed, he rode
only Two miles further, and stopped at the Bell
Inn, kept by Mr.. james Brunnell. He went
to the kitchen to give directions about his sup
per. " here he related to several persons present
the fact Of his having been robbed; to which he
added this peculiar circumstance. that when
he travelled he always gave his gold peculiar
mark. and that every guinea taken from his
purse was thus marked. Hence he hoped that
the rohber would be detected. Supper being
ready he retired
The gentleman had not long finished his sup
per, when Mr.. b. came into the paror where
he was, and after the usual inquiry Of landlords
as TO the guests satisfaction ilh the meal. OBJ
served, Sir. understand that you have been
robbed not far hence, this eveningl' Il have
sir was the reply. 'And your money was
Marked continued the landlord. 1t was said
the traveller. "A circumstance has arisen.' re-
sumed Mr.. Brunell, (which leads me to think
that can point ont the robber. Pray, at what
time in the evening were you stoppcdl 1T
was just getting TO be dark replied the travel
Ter. The time confirms my suspicious, said
the landlord, and then he informed the travel
Ter that he had waiter. ore John jennings
| lub bo hal of tafa kaap full Df apl
so very .xtravagant. that he (the andlord) had
been surprised at it, and had determined to part
with him. his conduct being every way sus-
picious; that long before dark that night he had
sent Jennings out TO get guinea changed for
him; thar the man had only come back since the
arrival of the traveller. saying that he could
MT get change; and that. seeing Jennings to be
in liquor, he had sent him off to bed, determin-
ed to discharge him in the morning. Mr.. Bru-
nell continued to say. that " hen the guinea was
brought back to him it was not the same one
he had sent out for the change, there being on
the returned one mark, which he was sure
was not upon the other; but that he should pro-
bably have thought no more OF the matter, Jen
nings having frequently had gold in his pocket
OF late. had not the people in the kitchen told
him what the traveller had related respecting
| tHO lOtuCfNs duu luc ClTCuUSld.fCC Ol tllc Rul.
meas being marked. He (Mr Brunell) had not
been present when the relation was made. and
luckily, before he heard Of it from the people in
the kitchen, he had paid away the guinea 10 a
man who lived at distance. and now had gone
home. The circumstance, however, said the
landlord. in conclusion. struck me so very
strongly, that could not refrain, as an honest
man, from coming and giving information Of
it,
Mr.. Brunell was duly thanked for his can
did disclosure. There appeared from it the
strongest reasons for suspecting Jennings; and
If, on searching him, any other of the marked
guineas should be found, and the gentleman
could identify them. there would then remain
no doubt in the matter. 1t was now agreed to
go up to his room. Jennings was fast asleep;
his pockets were searched, ,and from one of them
was drawn forth purse, containing exactly
nineteen guineas. Suspicion now became cer-
talnty, for the gentleman declared the purse
and guineas to be identically those Of which
he bad been robbed. Assistance was called,
Jennings was awakened, dragged out of bed.
and charged with the robbery. He denied 1t
hrmiy, but circumstances were too strong to
gain him belief He was secured that night,
and the next day taken before a magistrate
The gentleman and Mr. Brunell deposed the
facts upon oath; and Jennings. having no proofs,
nothing but the mere assertion Of innhcence
which could 10, be credited, was committed to
, take his trial at the next assizes.
So strong seemed the case against him. that
most ofthe mans friends advised him tn plead
guilty, and throw himself on the mercy of the
court; this advice he rejected. and when ar
raigned. pleaded not guilty The prosecutor
sworc to the fact of the robbery, though, as it
was in a mask, he could not swear to the pris-
: oner, but thought him of the same stature
nearly, as the man who robbed him. To the
t purse and guineas, when they we're produced
in court he swore-as to the purse, positive
ly, and as to the marked guineas. to the best of
his belief; and he testified to their having been
, taken from the pocket of the prisoner
The pris, ner's master. Mr.. Brunell, depos-
ed as to the sending of Jennings for the change
oi guinea, and to the walters having brought
back to him marked one; in the room Of the
one he had given him unmarked He also
gave evidence to the discovery Of the purse
and guinea on the prisoner. To consummate
the proof, the man to whom Mr. Bruneil had
paid the guinea as mentioned, came forward
> and produced the coin. testifying at the same
time that be had received it on the very even
ing of the robbery. from the prisoners master.