The eastern clarion. [volume] (Paulding, Miss.) 1837-1863, 1861-03-29

was open, Moore was absent; his bed APP
peared not 70 have been occupied the pre-
ceding night everything was in place,
and nothing indicated that the room had
been the scene Of violence and murder.
Having in his possession the keys Of the
corn-crib and mule-lot, his absence was
known by the negroes at day-hgnt, az
least very early in the uQrning ana g
be did not return. information OF hls abb
sence was conveyed to the neighbors, VINO
commenced a diligent search for nlns
which was continued until the afternoon
ofthe 9th, when his dead body was ionno'
at distance Of two hundred and nifty or.
three hundred yards from his houeeY IN .
wood beyond field which lay u tf0nt OF
the house
When the body was discovered + pas
| lying ON The nd "
rested on one arm. and o1.I ..r,.s. .,..
extended and the hands clnsped. The
boots were off; one was under the face
and the other q few feet distant. An
empty pistol Of small caIiber, was found
lying near the body, which appeared 10
have been recently discharged. No knife
OF other sharpedged weapon was found.
The clothes were smooth and unrumpled.
Upon turning the body over, ! wound
was discovered in the stomach lust below
the breast bone. According q some Of
the witnesses, the vest and shirt were
buttoned so that the wound could not be
perceived until they were opened but
according to Others, the bosom was open
50 that the wound was seen as soon as the
body was turned over. Very little blood
had escaped from the wound. A small
quantity Of blood just under the wound
as the body lay on the ground, was discoy-
nd hn M -
nor stained with blood The body was
much swollen and very offensive. The
wound, when first observed, was about
one and a half or two inches in length,
and three quarters Of an inch wide.s The
lips of the wound we're smooth, and not
depressed but protruded. No posi- mOrsem
examination was made to ascertain the
kind of weapon with which the wound
was inflicted. This was the only wound
upon the body Of the deceased. There
were, however, marks and discolorations
OF theskin on different parts OF the body,
which might have been the effects OF vio-
lenee, but as decomposition had COM
menced, it is more probable that they re-
suited from a different cause.
These Iacts, distinctly proved, appear
TO be conclusive against the assumption
that the deceased FELL by his own hand.
And as it Is in the highest degree inn
probable, upon the supposilion that the
shirt and vest were open al the moment
when he received the fatal wound, so that
both shirt and vest escaped injury, that
after having slain his victim. the assassin
should have taken off the boots. buttoned
the shirt and vest and turned the corpse
| upon is face and AS there was neither
rent nor cut in the shirt or vest, il is pos
/ L.
with the shirt and vest buttoned up, when
The wound was inflicted. whether by q
knife or a pistol; and moreover, as it is
| equally improbable. il not absolutely i'm
possible, upon the supposition that the
wound described BY the witnesses was Che
cause of 5he death, and that it was infiEt
| ed whsre the body was found, that there
ShouA not have been q greater effusion Of
| bioId. and that the clothes found upon
tie deceased, particularly the shirt and
,fest, should have been unstained By 3
single drop, the supposition that the 90
| tual scene of the murder was the place
where the dead body was found, must be
utterly rejected.
Discard then, as well the hypothesis of
the suicide, as the supposition that the
homicide was committed where the body
was discovered, the question. "where was
the actual scene Of this mysterious trnge-
dy." naturally presents itself
| II ia manifest that the evidence furnish
es no clue 70 guide Us q any a .lslncs9f1
conclusion
6Gsl K Il IA nea that ths .sss
/ t1e
ltas1t fds - contIns|c1 new
table thai more than one nrE1on MIs-1'9
cerned In the murder. And assuming
this to be the fact. Is il was proved that
the deceased was in his house after night
on Friday, the 23d. and there was no evil
dence that he afterwards left the planta-
ton, the inference would be natural and
that some point adjacent TO the deceassd's
house or the negro quarter. was the actual
scene Of the homicide. But many cir
cufnstances, clearly proved, render this
supposition highly improbable. Never
theiess, if il be assumed that the deceased
| met his death at or near his house, or any
where else on the plantation, it Is certain
that the proofs were insufficient 70 create
even a probability 0f the guilt of the
accused.
And secondly, a. there was no direct
| evidence that the deceased LEFT bis house
and went away from the plantation on
the night of the 23d. the facts in conflict
with the supposition that hewas killed on
the plantation, are the only cirrnmstan-
ces which can Al oFize the belief that the
deceased met bis death &C some place in
the neighborhood. But ifit were assumed
as proved, that the deceased did, in tact,
leave home on that night, that he met his
fate some where else, and that after the
murder was consummated, the body was
conveyed to the place where L was found
on the 25th, it is manifest that indePend-
ant facts, not proved. must be assumed,
| or inferences from assumed iacts must be
resorted TO in order to connect the ac-
cused with the alleged offeuse. For ex-
ample, il must be assumed that whlle
absent from the plantation. the deceased
and the accused did encounter each other
on that night. or it must be inferred from
some assumed fact, or inferred from the
| inferences drawn from the facts proved,
that such encounter did take place. and
therefore that the accused had An oppor-
tunity to commit the alleged offense. II
was in proof that the accused left home
on that night to visit his wife at Naughn'sl
, and let il be admitted that on his way
there he was intercepted BY the deceased
and that a conflict ensued, il IS nevtrthe
less highly improbable. it not impossible
that in such renconfre, the latter wa'
slain. The very small effnsion Of blood
that occurred; the fact that there va
: neither rent nor cut IN the shirt or YES
: which covered the wound, and the fac
that no part Of the deceased's clothing
; was blood-slained. seem 70 be conclusive
| against the supposition, not only that IN
: homicide was c0mmitted where the bod.
: lay but especially that the mortal woun'
1 was inflicted by the use Of any species Q
5 Gre arms. or with a sharpedged weapon.
2 Then discarding each Of these supposi
tions, and they are the only ones entities
J. to consideration; we are LETT 70 vAgu
!. conjecture as to the actual scene OF u
l. murder.
]. In respect to the more material inquir
r .'who was or were the guilty agent
J. agents in this Transaction" the eyidene
e is not much more satilactory. And "
~ n a xamfnation Of the facts prove
# on The rial tsnsii - e eaiRh|lss &c R2l
s Of the accused and giving to each of hel
J. separately, and 10 all of them com
;. their due legal weight. while ii view
two coucurfing verdicls declaring ID
,e guilt of the accused. we are not prepare
Is to say that there are not strong grount
10 for suspicion, we are well satisfied that Ii
ye proofs were insufficient to authorize . col
o viction.
b Judgment reversed. new trial awarde.
{ and cause remanded for = new trial.
Y oua CoNsrIruTIos.--Th New Yor
q Herald has some wise and just eommenI
Is upon the Constitution Of the Conisae
. ate States. Il thus notices tie improvl
n naents ,,nop aha rll. Con.k;A.lfou