, 1882-09-15
CIRCUMSTANrTAL EyIDEHCE.
Two Very Notable Cases.

/ NllN' Nllll, III UtI MOEh NilN
the abolition Of capital punishment, gives
n notice of two cases in which circum-
stantial evidence led to the execution of
wrong parties.
A few years ago poor German came
to New York and took lodgings where he
was allowed 10 do his cooking in the
same room with the family The hus-
band and wife lived III perpetual quar-
rel. one dny the German came into the
kitchen with II clasp.kuife and pan of
. potatoes, and began to pare them for his
dinner. The Quarrelsume couple were
IN more violent ultercutin than usual:
but he sat with his back toward them,
and, being ignorant OF their language,
felt i'll no danger of being involved i'll
their dispute. But the woman, with
sudden and unexpected movement,
snatched the knife from his hand and
plunged it into her rhusbaud'~ heart. She
had sufficient presence ol mind to rush
INTO the street and scream murder. The
poor foreigner, III the meanwhile, seeing
the wounded man reel, sprlng forward
to catch him i'll his arms. and drew ont
the knife. People from the street
!
dying man in his arms, the knife in his
hand and blood upon his clothes. The
wicked woman sWOTc i'll the most pos
tive terms that he had been fighting
with her husband and had stabbed him
with knife he always carried. The I'M
fortunate German knew too little En-
| Sllsh to understand her accusation or to
tell his own story. He was dragged off
to prison, and the true state of the case
was made known through nm interpreter;
but 1t was not believed. Circumstmtial
evidence was exceedingly strong against
the accused aud the read criminal swore
unhesitatinGly " that she saw him commit
the murder, He wa, executed, notwith-
standing the most crScvering efforts of
his lawyer, John Anlhon, whose convic-
ton OF the mans innocence was 80 pain
iuIly strong that frOm that day he has
refused to have any connection With q
capital ease. Some years after this tragic
event the woman died, aud on her death
bed confessed her agency III the diabol-
lcNI transaction; but her poor victim
could receive no benefit from this tardy
repentance society had wantonly
thrown away its power to atone for the
grleyOus wrong.
Many readers will doubtless recollect
the traglcal f,te Of Burton, in Missouri,
| on which novel was founded, that still
continues III the libraries A Young lazy,
belonging to a genteel and very proud
family i'll Missouri, was beloved by IA
young man named Burton, but unfort-
unately her affections We're fixed on an
other less worthy. lie left her with n
tarnished reputation. She was by nature
energetic and hiSh-spirited; her family
were proud; and she lived in the midst
of a society which considered revenge
virtue, and named it honor. Nfisled by
| this false popular sentiment and her own
excited feelings, she resolved to repay
her lovers treN.hcry by death. But she
kept her secret so well that no one
suspected her purpose, though she
purchased pistols and practiced with
them daily. Mr.. Burton gave evidence
of his strong attachment by renewing
his attentions when tho world looked
coldlyupun her. Illsgenerous kindness
won her bleeding heart, but the soften
| ing influence Of love did not lead her to
forego tire dreadful purpose she had
! form d. She's watched for favorable
opportunity and shOJ her botrayer when
no one was near 10 witness the horrible
deed. Some little incident excited the
suspicion of Burton, and he induced her
To confess to him the whole transaction.
| 1t WAS obvious enough that suspicion
would naturally fIsten upon HIM, the
weil-known lover Of her who had been
! so deeply injured. He was arrested. but
succeeded III pyrouadlng her that he was
| iE no danger. Circumstantial evidence
was fearfuily against him, and he soon
saw that his chance was doubtful; but
with nif 'ctionate magnanimity he con-
cea,ed this from her. He was convicted
and condemned. A short time before
the execution he cndeavored to cut his
throat, but his lie was saved for the
cruel purpose of taking it away accord
! ing to the cold.blOOled bnrbarism of the
law. Pale and wounded, he was hoisted
to the gallows before the gaze of a
Christian community.
| The guiltycause Of all this was almost
! frantic when she found that he had thus
! sacrificed himself to save her. She i'm
mediately published the whole history
of her wrongs and her revenge. Her
keen sense Of wounded honor was in ac-
cordance with public sentiment. Her
wrongs excited Indignation and COM
passion, and the knowledge that an in
nocent and magnanimous man had been
80 brutslly treated excited a general re-
vulsion OF popular feeling. No one
wished for another victim, and she was
left unpunished, save by the records of
her memory.