Connecticut western news., 1873-10-24
A Remarkable Murder Case.
Circumstantial Evidence and False Ao.
 -ousation--The Use of Advertising. Z

Circ cumstantial Evidence and False Ae-
 Ousation--The Use of Advertising.
 MT. Leonard Sergeant, of Manchester, Vt., formerly active in politics, and once Lieutenant Governor of that state, has published pamphlet containing a narrative of and the evidence in a famous murder case which occurred early in the present century. MT. Sar- geant was one of the counsel for the de- fence, and his account of the incidents, which covered period of eight years, is very interesting. The pamphlet is printed for the purpose of giving to lawyers the points in case which has often been quoted but additional inn portance is attached to it from the prominent part taken by the newspa- pers, even at that early day, in public affairs.
 In 1872 there lived in Manchester a man named Barney Boorn, who had two sons, Stephen and Jesse, and son-in- lawnamed Russell Colvin, all living with him. Colvin was an eccentric man, supposed to be insane at times, and ire quently absented himself for days with out notice and without giving any &C., count of his adventures. At last he vas missing so long that the people began to make inquiries, and suspicious of foul play were aroused. Months and years passed, and yet there was no ex- plantion of Oolvin's absence. Some of the neighbors remembered that the Boorn brothers, very shortly after his disappearance, had declared that Colvin was dead, and that they had "put him where potatoes would not freeze" They had not been on good terms with him, and this added to the prejudice against them.
 Singularly enough, other circum- stances began to accumulate against the brothers. Some children found dilapidated hat, which was recognized as the one Colvin wore at the time of his disappearance. Search was then made for the bones of the supposed murdered man. Soon afterwards a dog uncovered some bones beneath an old stump, which at first were pronounced to be human bones, but subsequently, were found not to be. An uncle of the boys had 8 dream in which Colvin came to his bedside and told him he had been murdered. A barn in the neigh borhood was mysteriously burned, and it was at once conjectured that themur- dered man had been buried under it, and that the fire was intended to de- stroy all traces of the crime. All these circumstances added to the excitement against the Boorns. Stephen was then out of the State, but Jesse was arrested. He confessed that his brother had told him short time previously that he and Colvin had quarreled, and that he had killed Colvin by blow on the head. The people of the neighborhood and for miles around spent the next few days in another search for Colvin's bones, but none were found.
 Stephen Boorn was brought home. He denied the statement of Jesse and asserted his innocence. The brothers were imprisoned to await the action of the Grand Jury. The principal witness before that body was forger, who had been confined in jail with the Boorns. He reported in detail a confession of the murder by Jesse Boorn, and both the boys were indicted. This was in September, 1919, more than seven years after the disappearance of Colvin. In November the trial took place. Mean while Stephen was induced by the re- marks upon the hopelessness of their case to confess the crime, in the expec- tation of mercy from the court. This confession was the chief evidence against them. Notwithstanding that it was drawn out by hope of obtaining a more favorable verdict, and that no body had been found as proof of the murder, or even that Colvin was dead, the brothers were convicted and sen fenced to be hanged on the 2Sth of January, 1920. The character of the evidence upon which they were con- victed will attract the attention of law yers at this time as showing what re- markable changes have taken place in criminal jurisprudence. So decisive did the testimony against them appear to be that the mother of the convicts was expelled from the Baptist church, and the father was held as prisoner for time, upon the suspicion that they must have been accessory to the murder.
 A few of the citizens who were dis posed to be merciful, signed petition for the communication of the sentence against the Boorns. The legislature voted to change the sentence of Jesse to imprisonment for life, but refused to interfere with that of Stephen. It oc- cured to Stephen in an interview with his counsel that it would be good plan to advertise for Colvin in the news papers. Up to that point his counsel had believed him guilty, but he assur- ed them that his confession was untrue and that he was innocent. The follow ing notice was therefore printed in the Rutland Herald:
 throughout the United States are de- sired to publish that Stephen Boorn, of Manchester, in Vemont, is sentenced to be executed for the murder of Russell Colvin, who has been absent about seven years. Any person who can give information of said Colvin may save the life of the innocent by making imme- diate communication. Colvin is about five feet five inches high, light com plexion, light colored hair, blue eyes, about forty years of age.
 Manchester, Yt., Nov. 26, 1819."
 Newspapers travelled slowly then, and Stephens friends had but little hope that this would save him even if his story was true. Three days afterwards, says MT. Sargaent's pamphlet, the. New York E'vesaing Post copied it, and the next day it happened that the no- tice was read aloud in one of the hotels in New York. -" ~-
 Another man standing near, named Whelpley, said he had formerly lived in Manchester, and was we'll acquainted with Colvin, and related many anec- dotes and peculiarities concerning him. Mir. Tabor Chadwick, of Shrews- bury, N. J., was also standing near and listened to the conversation, which made deep impression upon his mind. On thinking the matter over after his return home it occurred to him that Q man then living with his brother-in-law, MT. William Polhemus, of Dover, New Jersey, answered exactly the descri ption of Oolvin as given by Whelpley. Finally, he wrote letter to a city pa- criui1anr hia oo1aol1,Sio,,r INLai,la--