Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1873-09-26
VOL. XLvII. NEW SERIES. VOL. Xxx.


grand jury, which failed.
AT the session of the grand jury in Sep
tember, the case of jesse and Stepher
Boorn came before it. The principal wit
ness against them was one Silas Merrill who
was confined in the Jail with them, on a
charge Of forgery. He testified that Jesse
made confession to him in June while they
were together in the jail. Whether any
such confession was ever made in fact Is
doubtful. One thing is certain, before the
sitting Of the grand jury, Merrill had been
confined in chains. while after that event his
chains We're taken off and he was permitted
to 90 about the streets. Judge Joel DOolt-
tie Of the supreme court charged the grand
| jury in relation to their duties, and after
| listening to the evidence in behalf of the
State, a true bill was found against both
| Jesse and Stephen for the murder of Colvin.
~ the law then was, capital cases could
/ only be tried before full bench, and the
requisite number Of judges not being present
the trial was postponed until the following
November
In the mean time public feeling against
the prisoners was intense. Almost without
exception they were believed to be guilty.
Many were allowed to visit them in Jail. and
even persons of character and influence. and
officers Of the law, tod them that the case
was clearly against them that to confess
was the best thing they could do t5at if
they made confession an effort would be
made to have their sentence commuted to
Imprisonment for life. Convinced that this
was their only hope, Stephen made written
confession, taking upon himself the sole re-
Sponslbility Of the crime, but claiming that
he and Colvin had quarrel, and that Colvin
struck him first The confession conceded
substantially, with the circumstaneial eyi-
dence previously adduced.
The trial took place in November, 1919,
before Chief Justice Chase and Judges Joel
Doolittle and William Bayton, States At
torney Sheldon appeared for the prosecution,
and Richard skinner. who had previously
been justice Of the supreme court, and was
subsequently Governor of the State. Well
man and Leonard Sergeant. afterward lieu
tenant governor of the state, for the reSpon-
dents. The evidence against the prisoners
was entirely circumstantial and mostly un-
important, with the exception Of the con-
iessions, which were objected to by the coun-
~el for the respondents on the ground that
they We're extorted by undue influence. and
that they did not corroboratc each other.
The objections We're oyerruled and the con-
fesSionS admitted. though subsequent events
showed the court erred in admitting them,
or allowing any weight to be attached to
them IN effort was made on the part of
the defence to weaken the leflect of the con
leSsions on the minds of the jury by intro
ducing testimony to show that they were
subjected to a strong outside influence pre-
yiou- to and at the time the confessions were
made
Large crowds of people from Manchester
and neighboring towns attended the trial,
which was held in the Congregational
church, for the reason that the court house
would not accommodate the multitude, and
great interest was manifested by all classes
in the result, though but very few could be
found who did not believe the prisoners
guilty. or who would venture to say a kind
word Tor them. The case was ably argued
for the prosecution by Mr.. Sheldon, and for
the respondents BY Messrs. Skinner and Sar-
gelnt Neither the arguments of the c0un-
sci nor the charge Of the judges were ever
published, and cannot now be reproduced,
except from recollection. Judge Doolttle
charged the Jury in relation TO the law Of
homicide, and Judge Chase in relation to
the evidence The Judge charged in rela-
tion to the confessions that no weight should
be attached TO confession melted by hope
or fear, and left it for the jury to determine
whether the confessions in this case were SO
influenced. Later rulings would probably
have excluded the confessions from the case
on that ground. hut Judge Chase was re-
Ill ..H d. Oh & 81
time. and was uncle To Salmon p. Chase. late
chief Justice Of the United States
The jury, after an absence Of one hour,
brought in verdict Of murder in the first
degree against both Of the prisoners, which
verdict gave unqualified satisfaction to the
crowds in attendance at the trial. The pris-
oners were brought into court, and on being
asked if they had anything to say why SEN
tence Of death should not be pronounced
upon them, both stoutly protested their in
nocence. They were sentenced by the court
to be executed on the 2Sth day Of January.
1920. So great was the popular excitement
against the prisoners at this time that Mrs.
BJ0rn. mother of the accused, was excom-
municated from the Baptist church of which
she was a member, without the form Of
trial. because it was supposed she must have
been accessory 10 the murder. She was re
instated. however, after the return of Col
vim. Notwithstanding the general feeling
against the prisoners. there We're a few who,
though they may have believed them guilty,
had some sympathy for them. and signed
petition to the State Legislature. then in
session. and which, at the time, had iurisdic-
ton Of such matters, for a pardon or com
e nd 1fH
the petition in iavorof jesse who would not
in favor of Stephen.
Mr. Sergeant was DISPATCHED with the pc
titions, and his efforts before that body were
ably seconded bv Hon Samuel Prentis~ who
was associated with him. When the matter
came up the House went into n committee
of the whole, the Hon. James Elliott of Brat
tleboro in the chair. \ spirited debate took
place, in which Me-srs. Sargeant. PrentisS,
james Bell of Walden. Hon. u. AFRO Buck
of Chelsea, and some Others, pleaded for the
prisoners. Judge Chase also gave a state
ment of the case and read his minutes of the
evidence taken at the trial 4 vote was
taken. and the petition Of Jesse Born for
Communication of sentence 10 Imprisonment
for life was granted by vote of l04 to 81, ,
but similar petition on the partof Stephen
Boorn was rejected by vote Of - to 4.
Mr. Sergeant returned and communicated
the result of his commission TO the prison
ers. Jesse was very much elated by the ia
vorablc news in his case, and Stephen'was
correspondingly depressed, and with fearful
eyes asked if nothing more could be done
Mr.. Sergeant considered they had made
every effort possible. Then said Stephen,
e. suppose must die" but before Mr.
Sergeant left the cell a new idea occurred to
him. and he asked if it might not possibly
be of benefit TO advertise in the papers for
Colvin. Mr.. Sergeant observed that if Col
vim was murdered of course 1t would avail
nothing, and asked him in plain terms, Did
! you murder Colyin As you confessed you
did, Stephen protested his innocence in
| the strongest language, and Sergeant pro-
missed to do as suggested. Not being per-
sonally acquainted with Colyin, Mr.. Sar-
geant applied TO Judge Skinner for des-
cription Of him. Mr. Skinner thought ita
foolish expedient, and, though Colyin were
alive, with the limited circulation of the
newspapers of that day, and the slow circu-
lation Of the mails, it did seem a remote
chance that a newspaper advertisement
would reach him in time. as only two mon .hS
interyened before the time appointed for the
execution. But Mr.. Sergeant had promised
and said he should perform accordingly Mr..
Skinner wrote the following notice, which
was published in the Rutland Herald
MURDER.
Printers of newspapers throughout the
United States are desired to publish that
Stephen Boorn of Manchester, Vermont, i.
sentenced to be executed for the murder ol
Russell Colvin, who has been absent about
seven years. Any person who can give IN
formation of said Colvin may save the life
of the innocent by making immediate com
munication Colvin is about five feet five
inches high, light complexion, light-eolored
hair, blue eyes, about 40 years Of age.
Manchester, Vt, November 26, 1919.
The notice was printed in the Herald, but
in the same issue was an editorial maintain