The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1866-02-14
From the Benton (Ill.) Standard, Jan. 3l.I
A Romantic Murder Trial,
AFFECTING SCENE IN COURT.
The Prisoner Released.

A few weeks since We noticed the fact
OF the finding of a human skeleton, in
the woods, about two miles east of this
place, by Mr.. Benjamin Williams and the
verdict of the jury of inquest, designa-
ting the skeleton as the remains of a
young man by the name of Henry Ma
horn, and duplicating David Williams, a
son of Benjamin Williams, as his muir
derer. The circumstances surrounding
the case were strongly against the accused,
as the missing man was last seen, in this
community, about a year ago, in company
with Williams, on their way to enlist in
the army as substitutes.
The accused, after an. absence of a few
weeks, returned home alone, stating that
his comrade, Henry Mahorn, had enlisted
in the 10th Regiment Missouri Infantry.
This appeared plausible at the time, and
Henry Mahorn was almost entirely for
gotten by our citizens, until the finding
of the skeleton in the woods. The sus-
picions of our citizens were at once arous-
ed, from the fact that the clothing were
identified as the same worn by Mahorn
when last seeu--their suspicious that he
had been foully murdered by Williams
were much intensified by learning that bis
father and family, living in Tennessee,
had never heard from him from the time
he left this neighborhood, in company
with Williams, to join the army although
diligent inquiry had been made to ascer-
tain, if possible, his whereabouts.
The supposed murderer was immedi-
ately arrested upon the rendering of the
verdict of the jury of inquest, and lodged
in the county jail to await his trial. On
Monday, the 10th ultimo, the prisoner
was brought into court, before His Honor
Judge Duff, on the writ of habeas corpus
The court proceeded with the trial. The
circumstances las revealed by the evidence,
pointed directly to the prisoner, as the
murderer of Mahorn, as the clothing
found were identified as his; and that GER
tain 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 skeleton.
In fact, the circumstances pointing to
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 establishment of the court, counsel
witnesses, the eager and excited specta.
tors, as we'll cs the overwhelming Joy Of
the prisoner in the dock, by the sudden
appearance of Henry Mahorn, in proprio
persona, in the court room,in the full vigol
of life, hale and hearty, giving the mos
unmistakable evidence that he had moi
been murdered, and that the accused was
innocent of the heinous crime with which
he was charged! The prisoner was SC
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 o.
the accused.
1t seems that Mahorn had Joined thu
army under an assumed name, and in con
sequence was unable to hold correspond.
ence with his friends; and being discharg.
ed but a few days previous to the trial Of
the young man Williams, las his murderer
he fortunately arrived in Benton the very
day the trial commenced.
This case should serve as a lesson t.
%juries to be slow in. convictiug on purely
circumstantial evidence. 1t would b.
more in accordance with the dictates o
humanity that ~ninety-nine guilty person;
should escape the punishment of the law
than that one innocent person should suf
fer an ignominious death.
This singularly romantic case, which
appears more like ictien than reality hai
produced a profound sensation in thi:
community, for the almost universal opin
ion was that the accused was guilty. In
deed we think had not Mahorn returned
or been accounted for that it would hav,
been very doubtful whether a jury coulc
have been obtained in the county tina
would have acquitted him, in view of tn
strong circumstances that pointed to hi
guilt.