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

faes. nod the Law applicable 10 thdn, We
haFe Aff4Nt,l aa luaunanna aanaluainh. IA
We reverse and rrmand the cause 49, hS
tHqre Yai probably BE another trial. - o.
opk ffepoeipk tn - inle d tst@1il ilFgek A.
lnafiOn and srnfnute coaslrsiri " - Az n A.
amony OF the numerous w1tneasAa wo
oeenl = proper 70 submit some cen. rnl
observations upon the prbniinnnt itlat, -
Of q transaciiyri, which AFTER search nr
and repeated examination ren,afuanh nhrc .,d-
ea ,a.ila lsanetFaole e aatg tgitryt mad
ject az the alleged homicide lived ~ ~
plantation oi Nfiliiath Kidd = a. rl,u.,fv
q Lowndes. IN the capacity Of all o, err
seer. lie had no family. aud was tHeo aIv
white person who resided on the Iinrlte-
tion and the solo occupant Of a bd,.r \,
close proximity 70 the quarter. I'm "a
were nine negro men under his charge ~
overseer, one Of which was the accuse. a
slave OF excellent character. and f.Lar,.v,
en t1e plantation lie was con9tar ny
followed by fierce dog. much atlacl,ed
to his master. On Friday. the 13d of
Aprh, 1891, Moore was seen hv a ditr ham
Il ting in his house after supper. tDn .hn
following morning when a servant want
10 make fire in Moore's house. tbs door
was open, Moore was absent: hia iled nr,-
Peereo not 70 nave been occupied tie pre-
eeding night everything was in plaoe,
and nothing indicated that the room Lad
eeen the scene OF violence and Nd uryler.
Having IN his possession the KEYS of he
corn-crib and mule.lot his absen4e was
known by the negroes az day-hdhE AZ
least very early in the rnorning; Ano as
be did not return. information ef bis alb
s~nce WAS conveyed TO tho neighbork, who
commenced diligent search fo3 him,
which was continued until the afttrndon
ofthe 9th. when has dead body was Hound,
al distance Of two hundred and ffty or
three hundred yards from his HOUSE. ia =
wood beyond a field which lay in bout OF
the house
when the body was discovered, IL was
/ lying on hhsfnuas,cS aud h1aast' Iret -
restco On one arm, and both arm s zero
I extended and the hands claSped The
boots were OH; one was under thk face
and the other few feet distant An
empty pistol Of small oaliber, was found
| lying near the body, which appeakeo 70
have been recently discharged. Nd knife
or other Sharpedged weapon was hound
The clothes were smooth and unruhpl al.
/ Upon turning the body over y Koand
was discovered in the stomach just below
the breast bone According Go sdme of
the witnesses. the vest and shirt we're
huttoned so that the wound could not be
perceived until they were opened but
according 70 others, the bosom wa4 open
50 that the wound was seen as soon a. tho
body was turned over. Very huld blood
had escaped from the wound al small
quantity Of blood just under the 1ound
as the body lay on the ground. was liscov-
cred, and the clothes were Meth Fr cut
nor stained with blood. The body was
much swollen and very oifens vel The
wound, when first observed, wis about
0ne and half or two inches in length,
and three quarters OF an inch wide The
lips Of the wound were smooth, AID not
depressed but protruded. No post mor iem
examination was made 70 ascertain The
kind of weapon with which the Wound
was inflicted. This was the only Ivound
upon the body of the deceased. There
were, however. marks and diacolotatinns
OF the skin on different parts OF tbs body,
which might have been the effects oi vio-
lence, but as decomposition had com
mrnce1, IL is moIe probable that hey re-
suited from different cause.
These laots distinctly proved, appear
TO be conclusive against the asaurnption
that the deceased tell by his own hand.
And as il Is in the highest degr be I'M
probable, upon the supposiiiOn that the
when he received the fatal wound, 20 that
both shirt aud vest escaped injury. that
after having slain his victim, the assassin
should have taken off the boots, buttoned
the shirt aud vest and turned the corpse
upon as face; and there was neither
rent nor cut Ia the shirt or vest. il is pos
,ible that the deoeased's clothes were ON,
with the shirt and vest buttoned up, when
he wound was inflicted. whether by a
4. a Il
equally improbable, II not absolutely i'm
possible. upon the superstition that lho
wound described by the witnesses was tho
cause of iho death, aud that II WAS int ni-
I'd whese the body was found, that there
-houA not have been a greater eiiusion Of
blosd. and that the clothrs found upon
tie deceased, particularly the shirt and
sest, should have been unstained by a
single drop. the supposition that the ao-
Lual scene OF the murder was the place
where the dead body was found, must be
utterly rejected.
Discard then. as well the hypothesii Of
the suicide, as the suppOsiii0n that The
homicide was committed where the body
was discovered, the question. "where was
the actual scene Of this mysterious trage-
dy." naturally presents itself.
1t is manifest that the evidence furnish
es no clue 10 guide as 70 any aaiisiae oFy
conclusion.
For frsi, II L bo assumed tliat Abe eed
,4af rlae t,ornafrafnd a. fnA EInae = ere
The booty WAS found hmt 1Rae conFt Nea
there-Hefre~-ralsdss tls~ Hcuncihtl"" .@ "a 4fA-
table that more than one. llikiiis1 v -
oerned In tho murder. And assuming
this 10 be the fact a. 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 10 the deceaHsd's
house or the negro quarter, was the actual
scene Of the homicide. But many cir
oufnstances, clearly proved, render this
supposition highly improbable. Never
theless, il il be- assumed that the deceased
met his death at or near his house, or any
where else on the plantation, IL Is certain
that the proofs were insufficient 70 create
even probability of the guilt Of the
accused.
And secondly, as 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 he was killed on
the plantation, are the only circnma tam
oes which can anthorize the belief thai the
deceased met his death az some place IN
the neighborhood. Bui II IL were assumed
a. proved that the deceased did, in act,
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 IL was found
on the 25th, il is manifest that iudepend-
ant facts, not proved. must be assumed,
or inferences from assumed facis must be
resorted 20 in order 10 connect the ac-
cused with the alleged oliense. For ex-
ample Il must be assumed that While
absent from the plantation. the decoased
aud the accused did encounter each other
on that night, or IL must be inferred rom
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 m oppor-
tnnity 20 commit the alleged 0hense. lt
was in proof that the accused left home
on that night TO visit his wife at Naufhn'a,
aud let il b. admitted that on hn way
there he wa intercepted by the dece tsed,
and that a conflict ensued, il H. nev. rthe-
less highly improbable, if not imposaible,
that IN such renconfre, the latter was
slam. The very small efiusion Of blood
that occurred: the fact that there was
neither rent nor cut IN ine shirt o. vest
which covered the wound. aud the fact
that no part Of the deceased's clothing
was blOod-stained. seem TO be conclusive
against the supp0sition, not only that the
homicide wa cOmmi.ted where the body
lay but especially that the mortal wound
FIRE arms. or with q sharpedged weapon
Then di-carding zach Of these supposi-
tions, and they are the only ones entitled
70 consideration we are left 20 vague
conjecture as TO the actual scene oi the
murder
In respect 10 the more material inquiry
svbo was or we're the guilty agent or
agents IN this transaction-" the evidence
i not much more saiifactory. Ano nittr
= Greny~quGEar rnination Of the facts & owed
eur ~, tailisi,.a .allf auiif
on the trial tendn5.
Of the accusfds and giving 70 each of them
separately. and 70 All Of them com med.
their due legal weight. while IN Wv Of
two concurrinR verdIcts declaring the
guilt of the accused. we are not pre- Jared
70 say that there are not strong grounds
for suspicion, we are well satisfied that the
proofs we're insufficient 70 authorize q con-
victiOn.
Judgment reversed. new trial awarded,
and cause remanded for a new trial
SNiTH.