Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1860-08-06

put them under bis fathers barn, which was
soon aiier burned, and the body principally
consumed.
person in jail with them, lor perjury, tes-
titled 10 full confession Of the MURDER made
to him by Stephen and jesse and It was so
arttully framed, so corroborated by other facts
that i had great weight with the Court and
Jury, though it was wholly false. But he had
his end answered-he got bail by this means
and went of,
During the interval, the prisoners were fire.
quently visited by the Rev. Mr. Haynes, in
his official capacity; but they did not discover
any symptoms Of compunction, persisting in
declaring their innocence, with appeals to
Heaven. Stephen, particularly, at times ap-
peared absorbed in passion and impatience.
One day Mr.. Haynes introduced the example
of Christ under suferings, as a pattern wor-
thy Of imitation; he exclaimed, 81 am as in
nocent as Jesus Christ for which extrava-
giant expression he was reproyed; he replied,
"I don't mean that am guiltless as he was;
] know am a great sinner but am as in
nocent Of killing Colvin IS he was The
court sat in September, and judicious and
impressive charge was given to the grand
jury by his honor Judge Doolittle, and bill
of indictment was presented against Stephen
and Jesse BoOrn; but as il was not a full court
the trial could not commence.
The Court was accordingly adjourned to
the 26th Of October 1919. It was with much
difficulty that a Jury was obtained. But few
could be found who had not expressed their
opinion against the prisoners. The Hon.
Judge Skinner and Mr.. L, Sergeant were
counsel for the prisoners. Mr.. Q. Sheldon
was employed in behalf of the State. The
counsel on both sides displayed much zeal
and ability. The trial commenced on Tues
day, the 27th day OF October, and continued
until the Saturday night following
An Indictment was presented, containinga a
charge against Stephen and Jesse Boorn for
the murder Of Russell COlvin, to which they
pleaded Not guilty" The occasion excited
uncommon interest. Six hundred people at
tended each day during the trial
Before the Introduction Of any testimony,
Mr.. Skinner made motion that as the pris-
oners had pleaded seVerally Not guilty"
they might be allowed separate trials.
The Court ruled that Stephen and Jesse
Boorn should be jointly tried for the murder
of Russell Colvin.
About fifty witnesses were successfully ex-
ollAAG4 Uuk q Atlcl McIt 0lAAI GDLIDDllALAhG
of each other, all tending to prove the leading
facts, and too Eoluminous for this brief sketch,
none but the principal testimony viii here be
introduced.
Thomas johnson, being sworn, said-I was
a neighbor to the Boorns and Celvin; in the
early part of the month of May, seven years
ago last Spring, l saw one morning Stephen
Boorn, Jesse Boorn, Russell Colvin, picking
up stones they appeared to be in a quarrel
I had full view of them, although they could
not see me; have never seen Russell since
Stephen said he was not in the field picking
stones at the time Colvin went off, but that
he went off at that time; Jesse, while in pris-
on, told me that he was assisting in shoeing
horse when Colvin went off; Stephen said
the woodchuck they had for dinner the day
Colvin went off was killed by him when
mending fence for Mr.. Hammond having
purchased the land where this quarrel took
place, the children found and brought home
an old, moldy, rotten hat; I knew it to be the
hat of Russell Colvin; in the cellar-hole stood
& thrifty apple-tree, about three feet high
which was taken away the season after no.
ticed it.
Lewis Colvin (son of Russell Colvin) said
that at the time Colvin went off he was pick
ing stones with him and Stephen and Jesse
Boorn; that a quarrel arose between Stephen
and ColVin; that Colvin struck Stephen first
that Stephen knocked Colvin down with a
club, and that he 1.-THE witness) ran away, and
saw no blood; that Stephen told him not to
tell that he struck Colvin; and that he has
never seen Colvin since.
Truman Hill stated that he had the keys of
the prison in which the Boorns were impris-
oned; that he exhorted Jesse to tell the truth
and that if he told falsehood it would in
crease his trouble; that he confessed that he
was afraid that Stephen had murdered Col
win, and that he believed he knew very near
where the body was buried; that when the
hs iRfass iiea ga 3lt af' GGlyi9 Eegs shown him,
I Jesse to confess nothing but The t-rtA.
Sally Colyin, wife of Russell Colvin, and
sister to the Boorns, stated that about four
years previous, Stephen said he knew that
/ Colvin was dead.
Daniel D. Baldwin and Mrs. Baldwin, to
! the same effect, said that about three years
/ before Stephen told them that Colvin went off
/ in a strange manner into the woods, at the
/ time he (Jesse Boorn) and Lewis were pick
4 ing up stones; that Lewis had gone for drink,
] and when he asked them where Colvin was
gone, one answered, "Gone to hell" the 9TH
er {" that they had put him where potatoes
would not freeze D
/ Numerous witnesses testified to the contra
dictory declarations of the BoOrns in regard to
the disappearance or death of Colvin; but
the testimony of Silas Merrill, to the confess
sion of Jesse Boorn, was perhaps the most
extraordinary feature Of the trial. He testi-
| fed that as Jesse was returned to prison from
time to time from the Court of Inquiry, that
he had been urged to confess; that one night,
in the prison, they got up, and Jesse said that
! Stephen knocked Colvin down twice, broke
his skull, and the blood gushed out; that his
father came up there several times, and said
"d-u him p that all three of them took the
body and put it into the old cellar where
father cut his throat that he knew the jack
knife to be Colvin's; that Stephen wore Col
WINS shoes; that about a year and half
after they took the bones up, put them under
barn that was burned, then pounded them up
and flung them into the river; that father
put some of them into an old stump, &C.
/ Much evidence was introduced which was
rejected by the Court as being irrelevant
| TIE case was given to the Jury, after short,
| iudicious, and impressive charge by his Hon
| or, Judge OOOuLueJ WHICH WAS lOllOMeu ny Il
lengthy and appropriate one by the hon.
Judge Chase The Jury retired, and within
about one hour returned; and in compliance
with request of Mr.. Skinner, they were
severally inquired of whether they had agreed
upon verdict; and each agreed that they
had found both of the prisoners guilty of the
murder charged against them. The verdict
was then publicly read by the clerk. After a
short recess, his Honor, Judge Chase, with
the most tender and sympathetic emotion,
which he was unable to suppress, pronounced
the awful sentence, that the criminals be re-
manded back to prison, and that on the 2sth
day of January, between the hours Of 10
and O'Clock, they should be hung by the
neck till they were dead praying the Lord
to have mercy on their souls.
I None can express the confusion and an
guish into which the prisoners were cast on
hearing their doom. They requested, by
their counsel, liberty to speak, which was
granted. In sighs and broken accents, they