Shenandoah herald. [volume] (Woodstock, Va.) 1865-1974, 1888-05-11
CiTCInStaltlal Evidence.

came to the road and started TO
turn his team around he beheld a
sight through the hedge which
riyeted him to the spo'. He saw
man who was holding horse by
the bride bend over the form of a
man lying in the road aud pull
dagger from the breast of the lat
ter. 1t was murder and the dead
man was ThOs. Simpson. The farm
or notified the authorities, aud
James Walker, whom he had seen
pull the dagger from the murdered
man, was arrested. lie was a
stranger, and maintained that when
passing along in the road he had
come upon the dead body of Simp-
son and dIsmOunted. When he
was tried Mitchell, the murdered
mans old time enemy, managed
to be chosen upon the jury. The
trial was an exciting one, and when
the jury retired everybody expect.
ed a prompt conviction. But the
first ballot stood eleven for cOnvic-
ton and one for acquittal. Mitchell
positively refused to vote for con.
vichon, and stood firm against the
arguments and expostulations Of
the others. They reported to the
Court they could not agree and
were sent to the jury room. On
their way back one OF the jurors
asked Mitchell: "Why is it you
cannot agree with us and find a
verdict of gulltyp ~ know the
man is not guilty" Being unable
to agree the jury was discharged.
The indignation ran high when it
became known to the pOpulace that
tie jury had disagreed, and mob
at once organized to lynch Walker.
He was taken from the jail and a
rope pr lcured, but as it was being
placed about his neck Mitchell ap.
peared in the crowd and in a loud
voice demanded that they hear a
statement from him. He told them
that they were about to hang an
innocent maD, for it was be who
had murdered Simpson. He had
met him in the road where the
body had been found, the old frud
between them had been renewed
and he had killed him. He insisted
that instead of Furnishing an in
nocent man they now hang the
guilty. He went on to sag that he
had thought that ifhe could get
on the jury he might be able ia
secure Walkers acquittal and at
the same time save his own neck,
but rather than see an innocent
man suffer he would give himself
up. 1t was a dramatic scene
Amid the most profound astonish
ment he was heard through and
when he finished Walker was re
leased. The record shows thai
Mitchell was afterwards convicted
and executed.
Another extraordinary case o
circumstantia evidence occurred il
town on the banks of the Ten
nessee river several years ago
Two travellers had gone to a bote
and were placed for the night il
the same room, but in separate
beds. The next morning one o
them was gone, and traces of blood
were found from the hotel to tht
river. 1t was believed that hC
had been murdered and thrown in
to the river, and the other traveller
was arrested. The accused denied
his guilt and established an excel
lent reputation and the fact that he
had no object in numbering the
man. Yet circumstances pointed Sc
strongly and directly towards him
that he was convicted OF murder
in the first degree, and the date OF
his execution fixed. The case was
of course published in the news
papers, and was seen by the MAI
who vas supposed to have beer
murdered in New Orleans, where
be was engaged in business. liz
lost no time in DOuk ing the au
lhorilies aud securing the release
Of an innocent man. He said tina
during the night at the hotel h'
had been attacked by bleeding a
the nosr, and Arising mad gone e
the river to battle his face an'
wat I'LL the bleeding had stopped
While there a steamboat came
along, and going aboard he pro
ceeded to New Orleans. Thu
were the traces of blood from th,
hotel to the river accounted for
Kansas Tify Times