, 1860-09-21
Case Of circumstantial Evidence.

|
ing, about seven miles from the town, by q single
hghwayman, with q mask on his face, who
robbed the traveller Of purse containing twenty
guineas. The highwayman iOde of by differ
ent path, full speed, and the gentleman, frightened
but not injured, except in purse, pursued his
Journey. 1t was growing late, however, and
being naturally much agitated by what had
passed, he rode only two miles farther, and
stopped ut the Bell Inn, kept by Mr.. James
BrInell. He went into the kitchen to give d.
rections for his supper, where he related to sew
eral persons present the fact Of his having been
robbed; to which he added this peculiar circum-
stance, that when he Travelled he always gave
his gold peculiar mark, and that every guinea
in the purse thus taken from him was thus
MAI ked. Hence he hoped that the robber would
yet be detected. ..r....-FLr
Supper being ready, he retired. He had just
finished his supper when Mr.. Brunen entered
the parlOr, and alter the usual inquiries Of land.
lords as to the guests satisfaction with his meal
he Observed
81 understand you have been robbed not far
from here, this evening"
81 have, sir" was the reply.
"And your money was marko1" said the
landlord.
at was" said the traveller.
"a circumstance has arisen" resumed Mr.
Brunell, (which leads me to think that l can
point out the robber. Pray, at what time in
the evening were you stoppedr"
alt was just setting into dark, i" said the trav-
eler.
"Thc time confirms my suspicious" said the
landlord; and he then informed the gentleman
that he had waiter, one John Jennings, who
| had Of late been SO very full Of money, and SO
very extravagant, that he (the landlord) had
been surprised at It, and had determined to part
with him, his conduct being every way suspi-
cious; that long before dark that day be had
sent out Jennings to change guinea for him
that the man had only come back since the ar
rival Of the traveller, saying he could not get
change; and that seeing Jennings was in liquor,
lie had sent him of TO bed, determining to dis
charge him in the morning. Mr.. Brunell con-
tinurd To say, that when the guinea was brought
back to him, it struck him that il was not the
same which lie had sent out for change, there
being on the returned one q inark, which he was
very sure was not upon the other; but that be
should probably have thought no more Of the
matter, Jennings having frequently had gold in
his pocket OF late, had not the people in the
kitchen told him what tho traveller had related
respecting the robbery, and the circumstance oil
the gIin,as being marked. lie (Mr. BrunclD
had n been present when this relation was
made, and uhluckily beiUre he heard Of It from
the people in the kitchen, he had paid away the
/
who had now gone home.
p, "The circumstance, however," said he IN
conclusion, struck me so very strongly, that
could not refrain, as al honest man, from com
ing and giving you information Of iL"s
| Mr.. Brunell was duly thanked FOR his candid
disclosure. There appearvd from il the strongest
reason for suspecting Jennings; and il, on
searching him, any others Of the marked guineas
should be found, and the gentleman could iden-
tify them. there would then remain no doubt in
| the matter.
It was now agreed to 90 up to his room; Jen.
nings was fast asleep; bis pockets were searched,
ard from one of them was drawn forth purse
containing exactly nineteen guineas. Suspicion
now became certainty for the gentleman de.
| clared the purse and guineas to be identically
those of which he had been robbed. Assistance
was called Jennings was awakened, dragged
out Of bed, and charged with the robbery. He
denied il firmly, but circumstances were too
strong to gain him belief He was secured that
night and next day taken before justice Of the
peace. The gentleman and Mr.. Bruneli de
posed to the facts, aud Jennings, having nothing
but mere assertions Of innocence, which could
not be credited, was committed to stand trial at
tho next assizes gV
So strong seemed the case against him that
most Of the mans friends advised him TO plead
guilty, and throw himself on the mercy Of the
court. This advice he rejected, and when ar
raigned plead not guilty. The prosecutor swore
to the fact Of the robbery though, as it took
place in the dark. and the highwaynan was
masked, he could not swear to the person Of the
prisoner, but thought him Of the same stature
nearly as the man who robbed h IN. 10 the
purse and guineas, when they were produced IN
court, he swOre-as TO the purse, positively, and
as to the guineas to the best Of bis belief and
he testified to their having been taken from the
pocket Of the prisoner
Mr. Brunell dsposed as to tho seAaing Of Jen-
nings for the change Of . guinea, and to the
walters having brought back to him . marked
one, in the room Of one be had given to him
unmarked. He also gave evidence rs to the dis
eovery Of the purse and guineas on the prisoner.
To eonsummate the proof, the man to whom
Mr.. BrunelI had paid the guinea, as mentioned,
came forward and produced the coin, testifying
at the same time that he had received Il on the
evening Of the robbery from the prisoners mas
ter in payment Of debt, and the traveller, or
prosecutor, on comparing It with the other nine
teen, swore to its being to the best Of his belief
one Of the twenty marked guineas taken from
him BY the highwayman, and Of which the other
nineteen were found on Jennings.
The judge summed up the evidence, pointed
out all the concurring circumstances against the
prisoner; and the jury, convinced by this strong
accumulation Of eirculnstantial evidence, with
out going out Of court, brought in verdict Of
guilty. Jennings was executed some little time
after ut Hull, repeatedly declaring his innocence
up to the moment Of his execution.
Within . twolvemonth afterwards Brunell, the
master Of Jennings, was himself taken up for .
robbery committed on guest in his house, and
the laci being proved on trial, be was convicted
and ordered for execution The approach Of
death brought on repentance, and repentance
confession. BFunell not only Acknowledged that
hs had been guilty Of many rObberies. but
owned 20 having committed tho one for which
| II