Daily union and American. [volume] (Nashville, Tenn.) 1865-1866, 1866-02-16
ROMANTIC MURDER TRIAL.
The Murdered Man Suddenly Appears
in Court. AIlNe and VOL.

From the Benton Ill.) Standard, Feb. 81
A few weeks since we noticed the fact Of
the finding of human skeleton in the woods,
about two miles east Of this place, by Mr..
Benjamin Williams and Of the verdict Of
the jury of inquest. designating the skeleton
as the remains Of young man by the name
of Henry Mahorn, and implicating David
Williams, son of Benjamin Williams, "A
his murderer. The circumstances surround
ing the case were strongly against the
accused, as the missing young man was last
seen, in this community, about year ago,
in company with Williams, on their way TO
enlist i'm the army as substitutes.
The accused, after an absence cf few
weeks, returned home alone, stating that his
comrade, Henry Mahoru had enlisted in the
10th regiment Missouri infantry. This ap-
peaTed plausible at the time, and Henry
Mahorn was almost entirely forgotten by our
citizens, until the finding of the skeleton in
the woods. The suspicious of our citizens
were at once aroused from the fact that
the clothing was identified a. the same worn
by MahOrn when last seen. Their SUI
picions that he had been foully murdered by
Williams were much intensified by learning
that his father and family, living in Ten
nessee, had never heard from him from the
time he left this neighborhOod, in company
with Williams, TO Join the army, although
dilligent inquiry had been made to ascer-
tain, if possible, his whereabouts.
The supposed murderer was Immediately
arrested upon the rendering Of the YER
dict of the jury of inquest, and lodged in
the county jail to await his trial. On
Monday, the 18th instant, the prisoner
was brought into court, before his honor,
Judge Duff, on a writ Of kabeas corpus.
The court proceeded with the trial. The
circumstances, "a revealed by the evidence,
pointed directly 10 the prisoner as the mur-
derer Of Mahorn, as the clothing found was
identified as his; and thar certain teeth
which he was known to have had extracted
in his lifetime were the identical ones that
were found wanting in the jaws Of the skel-
eton.
In fact, the circumstances pointing 10 the
guilt Of the accused were so strong that nine
tenths Of the citizens Of this community were
fully satisfied Of his guilt.
In the midst of the trial, imagine the utter
astOnishment of the court, counsel, witnesses,
the eager and excited spectators, as well a.
the overwhelming joy Of the prisoner in the
dock, by the sudden appearance of Henry
Mahorn, IN Propria perS0Ro, in the court
room in full yiyor Of life, hail and hearty,
giving the most unmistakable evidence that
he had not been murdered, ard that the ac-
cused was innocent Of the aeinOus crime
with which he was chargedi The prisoner
was so overcome with joy at this unexpected
and apparently providential deliverance
from the suspicious circumstances that sur
rounded him, that he wept like a child. The
judge at once ordered the release Of the ac-
cused.
II seems that Mahorn had Joined thearmy
under an assumed name and in consequence
was unable 10 hold correspondence wita his
friends and being discharged but few
days previous to the trial Of the yoang man
Williams, as his murderer, he fortunately
arrived in Benton the very dsy the trial
commenced.
Tbs case shoald serve a. a lesson 20 juries
to be slow in conyicting on purely circum-
stantial evidence. 1t would be more in ac-
cordance with the dictates CT hunnhnity that
80 guilty persons should escape the punish
ment Of the law than that one innocent per-
son should suffer an ignominious death.
This singularly romantic case, which
appears more like fiction than reality, has
produced profound sensation in this com
munity, for the almost universal opinion
was that the accused was guilty. Indeed we
think had not Mahorn returned, or been
accounted for, that il would have been very
doubtful whether jury could have been
obtained in the country that would have
acquitted him, in view OF the strong circum-
stances that pointed TO his guilt.