Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1871-05-09
Narrow Escape from the Gailows-The
Danger of Circnmstantial Evidence.

On handsome lawn fronting an old ivy
grown mansion in the State of Virginia one
pleasant afternoon not many years since, a
group OF young people OF both sexes were
gathered. Standing In their midst was an old
woman bent down with age, looking as if she
stood on the brink Of the grave, but her dark
restless eye showed that there was vigorous
life in her mind if not in her body.
She had been "teliing fortunes for the
young people gathered around her, and to all
but one she had told a bright and happy fu-
ture The exception Of this rule of blessed
ness through life was handsome boy of nine
teen, with dark passionate face, and an ex-
preston which indicated perfect fearlessness
Five years before the opening of this story
an old gentleman and his nephew had moved
to Virginia from some Northern State, and
buying farm had made it their home. Mr..
Mercer and his nephew, Frank were treated
with kindness by the gentlemen of the neigh
borhood, and they received invitations to visit
the plantations near them. Frank soon be-
came acquainted with all 10 the country, but
his uncle never left his farm, and seemed to
shun society. For this many reasons were
given, but the true one was that he had lost
all his family, and Frank parents having left
him to Mr. Mercer charge, he determined to
devote himself to tie hey, and found sufficient
enjoyment IN his company and in cultivating
his farm. Though reported very wealthy. and
that be kept large quantity Of gold in the
house, MIR. Mercer and Frank lived In quiet
way and made no display.
Thus passed Frank early youth from his
fourteenth until his seventeenth year, when
our story opens. A man of superior educa-
ton, Mr. Mercer had been his nephew teach
er, and had impaired unto him much knowl-
edge OF the world, OF letters and people; so
that Frank at nineteen was as we'll informed as
if he had possessed cultivated education -
There were those in the neighborhood who re-
ported that the boy was wild and dissipated,
and this found ready believers in others; so
that Frank had some enemies as well as many
friends.
Thus we find him and on the evening of
the commencement Of cur story he had been
invited to an entertainment given by wealthy
planter to his friends.
Mr.. Dewes, the planter, had three children,
the youngest and lovelest OF whom was Mary,
girl Of twelve. Mary and Frank were the
best of friends, and loved each other dearly
So when the fortune teller predicted dark
and stormy future for Frank, the tears arose
to the child s eyes, ard she said, Don't listen
to her, Frank"
But the toy laughed, and turning on his
heel, walked away.
Two days afterwards be left home for a
week S hunting in the mountains; but the sec
ond night after his departure the nelghborhood
was aroused by the startling news that old Mr..
Mercer had been murdered by his nephew
One of the servants passing the house at night
heard cry, and seeing Franks window open
he sprang in and walked across the hall to MIR.
Mercer's chamber, from whence the cry came.
Lying upon the floor was the old man, dead,
while near him stood his nephew, with bloody
knife in his hand In fright the negro rushed
from the house and gave the alarm. Persons
from the neighborhood were sent for, and
Frank was seized against every protestation
that he did not kill his uncle, and thrown into
Jail.
The feeling against the youth was intense,
for the negro told the story of how he had
found Frank, and a wayaring peddler who had
just assembled the steps to ask to stay all night,
corroborated the mans statement.
The trial came off, and the changes were
| made known. Frank was accused of starting
| upon hunting expedition as blind, and then
| returning from the mountain by night, had en-
tered the room, and attempting to remove a
large bag of gold kept by his uncle, had
| aroused him, and upon being discovered, had
driven his hunting knife into the heart of Mr..
Mercer. The gold was on the floor, its weight
| having torn through the bag when it was rails
ed. The knife with which Mr. Mercer was
killed was one he had given to Frank some
days before, and was large dirk knife encased
| in silver scabbard.
Pale as death, but showing no sign of fear OF
or guilt upon his handsome face, the prisoner
sat unmoved by his sentence, which was to die
on the gallows. When asked if he had aught
to say, Frank arose, and looking around the
courtroom, in a clear voice answered:
| II have Circumstautial evidence has con-
demned me. [ admit it looks as if [ did the
deed, but am guiltless of murder. Dropping
my percussion cap box in mountain stream
[ returned home for more; for without cap:
my gun was useless. 1t was lovely night
and [ determined to enter the house bv my
room window, get the caps and return withoui
awakening my uncle. tied my horse to tht
fence, sprang into the window, and then hearC
a loud crash, call out, and a shrek in the di
rection of my uncle's room. [ rushed thither-
a dark form dashed by me in the uncertain
light of the room-and | fell over sometime
upon the floor. With fear in my heart [ arose
lighted candle and saw my own knife. which
had done the deed, lying near. | picked u,
the knife, and thus was found by the negr,
and seen by the peddler. As God is my wit
ness, did not murder the good old man VIII,
had protected me throughout life, and whom
| loved as though he was my own father
am guiltless of the deed, but submit to %,
fate"
A silence fell upon all there we're, however
but few who believed the youths statement
among the latter was Mr.. Dewes and his fami
ly, who, through all remained staunch friends
Frank Mercer was to be hung-to die an ig
nominious death on the gallows-and hundred