Cleveland daily leader. [volume] ([Cleveland, Ohio]) 1865-1873, 1866-04-19

/ The following up anu arrest % A4CNOA-
nell is but another proof that in this age OF
telerraphs and railroads no prominent
criminal has much chance of escape from
Justice. Mr.. Detective odell would have
earned for himself in this instance; had he
not already possessed one, e character for
shrewdness and ability. Whilst such men
are in the ranks of the detective army lit
tie fear need be entertained By l~aw-abiding
people that murderers or vagabonds OF any
stripe will invade society for any length of
time without detection.
JUDGMENT.
UNITED STATES vs.. MCCoYNELL.-In this
case it appears from the papers and exam
iuation of the several witnesses before me
that on the morning of the oath day Of the
molth of March last, one William ColTin
and Rosa Colvin, his wife, and the prisoner,
Alexander Mcconnell, did reside together
il 8 small house or shanty in CuyahogG
county, in the State of Ohio, n of the
United States OF America; that on the
evening of that day or early on the Sunday
morning following the said Rosa C0lvin
came to her death, in the said county Of
Cuyahoga by violence and from blows Of
an axe inflicted upon her by some person or
persons. The evidence of the several wit
| nesses who saw the said Ross Colvin dead
on Monday, the 10th day of March last,
and from the appearance they state that
her body presented, when discovered, place
this beyond all doubt. When it was dis
covered that the death of the said Rosa
| Colvin was eaused by violence, suspicion
| Immediately was attached 10 her husbond,
William Colvin, and to Joseph Miller, who
were found on the Sunday morning of the
18th of March in the house, which then
presented all the appearance OF q cruel
murder having been therein committed.
It appears an examination took place as
to their guilt, and they were committed for
mally for Trial in the State Of Ohio. on the
charge of having murdered thar said Rosa
Celvin. But, from accounts given by the
said William Colvin of the prisoner, and
from the strong and confident denials of his
guilt, suspicion attached to the prisoner,
and this became greater when the body of
the prisoner could not be discovered, for he
was then supposed to be murdered, and that
no tidings could be found in the neighbor-
hood of him. A detective police officer of
the United States Government was accord
ingly sent to Ottawa, which was known to
be the home of the prisoner. It was as
certained by him that the prisoner was in
the neighborhood Of Ottawa. He was ar
rested and brought before me on q warrant
issued by myself on the information Of
UOun OCAAg q NGLINLAhS Va TX OAlEN4
States Government, charging him 1.-THE pris-
onerl then of the city Of Ottawa, with hav-
ing murdered one Rosa Colvin, in the State
Of Ohio, one of the United States of Ameri-
ca, and within the jurisdiction of the said
United States, with e view to have him ex-
tradited.
For this purpose I lave taken the depo-
sitions of several witnesses, and upon this
evidence, I am asked to decide that the
prisoner should be committed for cxtradi-
ton. In extradition cases the rule laid
down for the guidance of the Magistrate is,
that should the evidence adduced be sufi-
cient in his opinion, to warrant a commit
ment for trial, if the alleged crime had been
committed in this country, then that it
would be the duty Of the Magistrate, to COM
NIT for extradition. There is no other point
raised here in behalf of the prisoner, Z
cept that the evidence is insufficient. 1
will therefore confne myself to this alone.
None of the witnesses saw the deed COM
mitted; and indeed, seldom is u q deed
seen committed by any, except the perpe-
traitors, especially when 1t is prompted by
avarice OF done with a view to avoid detec-
ton Of another offence. l have then to de-
eide only whether the circumstances re-
lated and relied Upon by the prosecution
point sufficiently to the prisoner as the per-
son who caused by violence the death of the
said Rosa Colvin.
These circumstances may be grouped as
follows: That about seven O'Clock in the
morning on the Path of March last, the
prisoner left, with VIM. Colvin. the shanty
in which they resided, to go to a town or
village, about seven miles of, to attend to
some business in which both were interes-
ted. That the prisoner, after going about
n ,as1a &c Ahn nav a11araI fhak ka --,r -
well and unable to continue thei journey.
That he did return, and was seen about S
o'clock within q short distance of the shanty,
looking careworn, sick or downeast, as re-
lated by ono of the witnesses. That about
eleven O'Clock on the same day he was seen
in company of Mrs. C0lvin, carrying q
travelling bag in his hand, and a bundle
under his arm, going at & fast pace towards
Mrs. Colyin's house. That on that day he
left en- route for Canada, and travelled N
the Sunday following about twenty-five
miles Of his way; though on the day before
he was unable to travel half that distance
from q pain in his knee that he arrived
very shortly afterward in this county,
though, before leaving he was known to
have only about ten or twelve dollars Of
American money, which, it is alleged, was
quite inadequate to pay his fare by railway
to Ottawa; and in the interval there was
not time enough for him to add to his means
means by honest labor; that afterwards
when the officers Of justice surrounded his
house in the township Of Fitzroy in this
county, on the Sd day CT April last, with
out any means Of knowing their errand he
secreted himselfin the garnet of his house.
his wife denied him; thst he then, for some
cause or other, resisted his arrest; that the
clothes which VIM. Colvin asserted were
stolen from himself on the oath day of
March by the prisoner, including 6 pair of
pantaloons, q pair of boots, a pair of shoes,
8 coat end vest, were found with him in
the house; that one article Of the clothes,
namely: the pants, were found in the eel
lar, which would appear to have
been thrown there after the con-
stables went to the house-and, that on
these pantaloons blood was afterwards dis
covered in several places. These circum-
stances grouped and considered together
may net afford conclusive evidence of guilt,
but they do in my opinion afford at least
some presumption of guilt which cannot
be removed from the prisoner, unless salts
factorily accounted for; or unless perhaps,
other circumstances of greater or equal
force combine against come other person or
persons. The only other persons known to
US who were likely to commit the act, or
against whom any evidence could be offer
ed, are the witnesses William Colvin, the
husband of the deceased, and Joseph Mil
ler, both found in the house shortly after
the murder, but except their bare presence
in the thanty after the murder, no evidence
appears against them, and the absence of
blood from the clothes Of either in so short
q time after the murder, detract much from
the presumption that might otherwise be
implied from their presence. If I were
considering then the circumstances against
those three parties, Independently Of the
oath of either, would be inclined to attach