The Delta independent., 1889-03-05
cIRcuMsrANrlAL ev,pENcs.


cIRcUMsTANrIAL EVIDENCE.
A Murderer Sits on a Jury That
Tries An Innocent Man for the
Crime:
An interesting case Of circumstan-
tial evidence ending in confession is
reported from an Ohio town, says the
Kansas City Times. Between two
prominent citizens bitter feud had
at one time existed, but it had appar-
emily died out Their names were
Thomas Simpson and William Mitchell
One day just as farmer who was
plowing came to the road and started
to turn his team around he beheld a
sight through the hedge which riveted
him to the spot. He saw q man who
was holding horse by the bride bend
over the form of man lying in the
road and pull dagger from the breast
OF the latter. 1t was murder and the
dead man was Thomas Simpson. The
farmer notified the authorities, and
James Walker, whom he had seen pull
the dagger from the murdered man.
was arrested. He was stranger and
maintained that when passing along in
the road he had come upon the dead
body Of Simpson and dismounted.
When he was tried Mitchell, the mur-
dered mans old-time enemy, was man.
aged to be chosen upon the jury. The
trial was an exciting one, and when
the jury retired everybody expected n
prompt conviction. But the first ballot
stood eleven for conviction and one for
acquittal. Mitchell positively refused
to vote for conviction and stood
firm against the arguments and
expostulations OF the others. They
reported to the court they could not
agree and were sent back to the jury
room. On their way back one Of the
jurors asked Mitchell: "Why is it you
cannot agree with us and find verdict
of guiltyP" II 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 the jury had disagreed
thhA q Ahob Nv oaSo vi " ighCiI
Walker. He was taken from the Jail
and a rope procured, but us it was be-
ing placed unon his neck Mitchell up
peared in the crowd, and in loud
voice demanded that they hear state
meut from him. He told them that
they were about to hang an innocent
man, for 1t was he who had murdered
Simpson. He had met him in tho road
where the body had been found, the old
feud between them had been removed
and he had killed him. He insisted that
instead Of Furnishing an innocent
man they now hang the guilty. He
went on to say that he had thought that
if he could get on the jury he might be
able to secure Walkers acqu ttal and
at the same time save his m neck,
but rather than sec an limo ent man
suffer he would give himself np.
1t was dramatic scene. Amid tho
most profound astonishment he was
heard through and when he finished
Walker was released. The records
show that Mitchell was afterward con-
victed and executed.
Another extraordinary case Of cir
cumstantial evidence occurred in
town on the banks Of the Tennessee
river several years ago. Two travellers
had gone to q hotel, and were placed for
the night in the same room, but In sop
arate beds. The next morning ono OF
them was gone. and traces Of blood
were found from the hotel to the river.
It was believed that he had been mur-
dered and thrown into the river, and
the other traveller was arrested. Tho
accused denied his guilt, and establish
ed an excellent reputation, and the fact
that he had no object in numbering
the man. Yet circumstances pointed
80 strongly and directly towards him
that he was convicted Of murder in tho
first degree. and the date Of his execu-
ton fixed. Tho case was, Of course,
published in the newspapers and was
seen by the man who was supposed TO
have been murdered in New Orleans.
where he was engaged in business He
lost no time in notifying tho suthori-
ties and securing the release Of an In
nocent man. He said that during tho
night at the hotel he had been attacked
by bleeding ut the nose. and. arising,
had gone to tho river TO bathe his face
and wait till the bleeding had stopped.
While there q steamboat cane along,
going aboard, he proceeded to Now Or
leans. Thus were the tracks OF blood
from the hotel TO the river accounted
for.
Different Mixtures for Maid and