The weekly union record., 1866-03-03
Circumstantial Evidence.

The following narrative, by distln-
guizhed surgeon, while it strikingly
exhibits the fallibie and uncertain
nature of circumstantial evidence,
affords, also, convincing proof of the
indispensable necessity of procuring
medical testimony of the highest order,
in all criminal cases relating to injuries
of the person:
Gas l was passing the Pack Horse,
Turnhamgreen, my attention was
attracted by a mob of persons of the
lowest order, assembled round the door
of that inn, who were very loud in their
execrations against some person who
was suspected of having murdered his
brother; in corroboration of which l was
told that his bones we're found near the
premises where he formerly resided,
upon view of which jury was then
sitting, after an adjournment from the
day preceding. l found that two sur
geons had been sabpenaed to inspect the
remains, and l had no doubt that every
information as to their character had
been obtained; curiosity alone, therefore,
induced me to make my way into the
room, where found that the coroner,
and, l believe, double jury, were
sitting for the second day, and were
engaged in an investigation which
tended to show that farmer and market
gardener at Sutton-court Farm had, a
few years before, brother living with
him, who was engaged on the farm, but
whose conduct was dissolute and irregu-
lar, to degree that often provoked the
anger of his elder brother, and sometimes
begat strife and violence between them;
that the temper of the elder brother was
as little under control as the conduct
of the younger; and, in fine, that they
lived very uncomfortably together.
''One Winters night, when the
ground was covered with snow, the
younger brother absconded from the
house (for they both lived together), by
letting himself down from his chamber
window and when he was missed, the
ensuing morning, his footsteps were
clearly traced in the snow to consider
able distance, nor were there any other
footsteps but his own /; time passed on,
and, after lapse of some few years, no
tidings were heard of his retreat, nor
perhaps have there ever been since.
Some alterations in the ground surround
ing the house having been undertaken
by a subsequent tenant Gor the elder
brother had then left the farn), skel-
eton was dug up, and the circumstance
so conclusive that one brother
had murdered the other, that the popular
clamor was raised to the utmost, and a
jury impanneled to investigate the case.
''After listening attentively to these
details, | ventured to request of the
coroner to be allowed to examine the
bones, which l found were contained in
a hamper basket at the farther end of the
room, and l felt much fattered by his
immediate compliance, for he desired the
parish beadle, who was in attendance,
to place them upon the table; and
having myself disposed them in their
natural order, l found that they repre-
sented person of short stature, and,
from the obliteration of the sutures Of
the skull, and the worn down state of the
teeth, must have belonged to an aged
person. But what was my surprise,
when | reconstructed the bones of the
skeleton, and found the lower bones
Of the trunk to be those of female. |
Immediately communicated the fact to
the jury, and requested that the two
medical men who had before given their
opinions might be sent for, one of whom
attended, and, without moments
hesitation, corroborated my report.
Il need not add that the proceedings
were instantly at an end, and an inno-
cent man received the amende honorable
in the shape of an apology from all
present, in which the coroner heartily
joined. Ithas since been proved, beyond
all doubt, that the spot where the bones
were found was formerly the site of
large gravel-pit in which hordes of
gipsies not only assembled, but occa-
sionally buried their dead, and perhaps
more skeletons are yet to be found in
that vicinity"
The narrator Of this occurrence may