Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1854-10-06
CircumstautfaI Evidence

CircumstantfaI Evidence
fhe Dayton (Ohio) Gazette publishes the follow
ing:
Just before the following the recent execution of
Francis Dick (at Dayton Ohio) there was deep and
10 some extent legitimate, public curiosity to know
che circumstances, detail which attended the kill
Ing by him of Catharine and Jane Young Of his
quit no one, after his second conviction entertained
snauow OF doubt; but no one saw him commit the
oeed and be alone could disclose the manner of its
commission. He convicted on proof satisfactory
10 the jury, that a coat of his, which was found
hanging in the stable where be slept the night be-
lore the murder, stained with blood that one of
Inc boots worn by him the morning of the murder
out taken Oft and put away in Stehn's garnet before
! the murder discovered, had small clot of
| blood" In one Of the wrinkles above tie heel and
That certain spade, supposed to have been used in
committing the murder. had rustspots upon it which
were produced by blood. The fact whether the ap-
Pearances on these articles resembling blood were re
ally Blood was the material issue in the case Form
ing an opinion from mere inspection, the witnesses
came TO different conclusions. The weight of evil
dence however, was decidedly in favor of the con-
cluslon that the stains were blood As to the boots
the persons who first them positive that the
red deposIte in the wrinkle was blood A scum was
formed on It, and breaking this with the finger, the
blood was fresh and liquid. AS to the coat and spade
there was less certainty The blotch on the coat,
which was blue jeans, had dirty brown appearance
"hen molstened 1t communicated dark red stain to
white paper. The colorlng matter, however, what
ever II was appeared dim the surface considering
the amount of it in the fabric This induced the be-
let, universally expressed by the Witnesses that the
stained section OF the garment had been washed
here was still greater doubt about the spots on
the spade Whether they were produced by blood
or by tomato juice, by rain, could not be deter
mined with certainty from simple inspection, and the
witnesses generally so qualified their opinions
For the purpose If possible, of resolving the doubt
the prosecution employed by DR.. H. G. Carey, pre-
vlous to the last trial, to make chemical analysis
Accordingly, by aprocess which we need not describe
he procured quantity of the supposed blood and
tested it, making his experiments first upon that ia
ken from the coat afterwards upon that taken
from the spade. The tests which he employed were
those regarded as most reliable by American iursts,
and the results attained entirely satisfactory 10
his mind that the substances in both were blood.
He believed and testified, that there was scarcely
less room tor error in regard to this conclusion and
the process OF reaching it than there would be in d
mathematical demonstration Other scientific men
then testified; some of them confirming the reabili-
ty OF DIR. Careys analysis, and others treating it as
OF no value whatever
In this position of the evidence il was important
to know from Dick himself whether he used the spade
III committing the murder, and whether, while com
mlttng it, he wore the coat and boots. The nfor-
nation was important, not because it might gratifv
very natural public curiosity but because it would
tend to show the reliability unreliabty of such
testimony and tests as satisfactory to the Jury
IN this case and important, therefore, as 81 common
tary upon the law of criminal evidence.
| Having very little confidence in the reported con-
fessons of Dick, many of them contradictory, we re-
quesed his presty adviser, who had his entire con-
dence, to ascertain for for publication such facts
as would show whether tie proof of blood on the
spade and other articles in question was true or 9th
erwse. This he consented to do provided the infor-
nation was used only for the proper and legitimate
object for which desired him 10 procure it. The
statement thus furnished is that the spade, and nc
other implement or weapon of any kind. used in
killing both the old woman and the boy The spade
was not washed afterward, but it was raned on be
tore 1t was found, subsequent to the murder. This
probably, removed the grosser particles of blood
leaving only the sprinkles, which fixed upor
the iron by rusing. AS TO the coat, Dicks declara
ton was that he did not wash it, for if there wa
blood upon it the circumstances escaped his notice
Neither did he wash his boots, except as they Were
washed by walking through the wet grass Just al
the witnesses, Scott and McReynolds who first saw
them, supposed the fact to be.
This statement of facts by Dick, may be relet
on as true, if there any truth all in him ant
we may say for him, a reason of confidence in h
last declarations, that they correspond with his uni
form deniaIs and admissions to his counsel befor
and during his trial. far these deniaIs and ad
missions went. There is 10 question tn
honesty and truthfulness of his dying words and ad
circumstance which was allowed TO tell agains, hin
told the truth but that the existence of those crcum
stances, the least potent OF them the blood upo
the coat and spade, ascertained by methods en-
tirely reliable.