The Grange advance., 1873-11-26
A Remarkable Case OF Erroneous Con.
VictiOn.

Most students of" Greenleaf on Evi-
dence" will remember a brief note in
one of the volumes referring to the trial
and conviction Of the Boorn brothers
for the murder of Russell Colvin, and
the subsequent return Of the man sup
posed to have been murdered. The
case was so extraordinary and so op-
posed to all our notions as to the infalli
bility Of tests Of crime that very likely
many of us have taken Mr.. Greenleaf's 5
statement catma grano satas.
But recent full report Of the case
by one of the counsel at the trial renders
it impossible longer to entertain doubt
as to the facts. The reporter the
Hon. MIR. Sargeant-is about the only
survivor of those who were interested
in the affair or connected with the trial,
and as no complete account of the case
has been heretofore published, this little
pamphlet is timely and most acceptable.
1t contains a general account Of the
case and full report OF the evidence
and proceedings taken from the min
utes of Chief Justice Chase who presi-
ded at the trial, and who, by the way,
was the uncle of the late Chief Justice
Of the United States.
The following is brief statement of
the facts: In 1912 Barney Boorn with
his family, consisting Of his wife, two
sons, Stephen and Jesse, daughter
and her husband, Russell Colvin-lived
in the town Of Manchester, Vermont,
near the Battenkill river. The old peo-
pie were reputable and in comfortable
circumstances: while the younger men,
bers of the family were considered rath-
er wild and reckless. The son.in.law,
Colvin, was a man of weak intellect,
sometimes insane, and occasionally ac-
customed to wander away for days and
weeks without giving an account Of
himself.
In May, 1912, Colvin suddenly dis
appeared. The general impression was
that he had gone on one of his customa.
ry tramps Days and weeks and months
wore away into years; but he returned
not; nor was there tidings of him. Ru-
NOR was not idle. 1t was remembered
that the two younger Boorns and Colvin
had not lived together amicably-that
they sometimes quarreled and some-
times came to blows. 1t was reported
that one of the brothers had stated that
Colvin was dead, and the other that
"they had put him where potatoes
would not freeze" In short, people at
length came to the conclusion tn at the
Boorn brothers had murdered Colvin.
Then came the circumstantial evil
dence" Some children at play near
the " old Boorn place" found a musty
old hat which was recognized as the hat
Colvin had worn when last seen. About
this time Amos Boorn, uncle of the
young men, and man Of good charac-
ter, dreamed a dream wherein Colvin
came to him and told him he had been
murdered, and that if he would follow
he would show him where he was
buried. Three times was the dream re-
peated. The place of burial as describ-
ed in the dream was an old cellar hole,
and which was used at the time of Col
WINS disappearance as place for bury
ing potatoes, but which had afterward
been filled up. These dreams to these
simple townsmen was confirmation
strong as proof Of Holy Writ"
About this time barn on the Boorn
farm was burned and it was supposed
by many that the body might have been
concealed under it. But the circum-
stance that formed the apex Of this evil
Dental cone was this: A lad was walk
ing with dog over the Boorn property
suddenly the dog began to dig be-
meath an old. stump-he dug out some
bones they were pronounced to be hu-
man bones.
Jesse and Stephen Boorn were
straightway arrested for the murder of
Russell Colvin. This was in 1919, sew
en- years after Colvin's disappearance
The examination lasted several days and
was attended by large concourse Of
people. Mr.. Sergeant says: '"The
country was secured for evidence. The
old cellar hole was re-opened, and a
large knife, a penknife and a button
were found. The large knife and but
ton were identified as having belonged
to Colvin. The bones found in the
hollow stump were brought into court,
and four physicians were called, who,
after an examination, pronounced them
to be the bones of a human foot, togeth-
ar with some tOe-nails. and nerhans a