Audubon County Republican. [volume] (Audubon, Audubon Co., Iowa) 1885-1894, 1889-02-28
CIRCUMSTANTIAL EVIDENCE.
A Murderer Sits on q Jury That
Tries an Innocent Man for the
Nrg,

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An interesting case OF circumstan-
tial evidence ending in confession Is
reported from an Ohio town, says the
Kansas City Times. BetweeA 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
blowing came to the road and started
to turn his team around he beheld
sight through the hedge which rivetea
him to the spot. He saw 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 II 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
bNty vi oiiupSoh
When he was tried Mitchell, the MUIR
dered mans old-timc enemy, was man.
aged to be chosen upon the jury. The
trial was an exciting one, and when
the jury retired everybody expected
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 guilty?" 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
and a mob at once organized to lynch
Walker He was taken from the Jail
and rope procured, but as it was be-
ing placed unon his neck Mitchell APP
peared in the crowd, and in loud
voice demanded that they hear a state
meut from him. He told them that
they were about to hang an innocent
nan, for it was he who had murdered
Simpson. He had met him in the road
where the body had been found, the old
feud between them had been renewed
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 acquittal and
at the same time save his own neck,
but rather than SEQ an innocent man
suffer he would give himself up.
1t was a dramatic scene. Amid the
most profound establishment he was
heard through and when he finished
Walker was released. Tho 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 ahotel, and were placed for
the night in the same room, but in sep
arate beds. The next morning one of
them was gone, and traces of blood
were found from the hotel to the river.
IL hnlinuaI hot he nod hann
dered and thrown into the river, and
the other traveller was arrested. The
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
so strongly and directly towards him
that he was convicted Of murder in the
first degree, and the date of his execu-
ton fixed. The case was, of course,
published in the newspapers and was
seen by the man who was supposed to
have beeno murdered in New Orleans,
where he was engaged in business. He
lost no time in notifying the authori-
ties and securing the release of an in
nocent man. He said that during the
night at the hotel he had been attacked
by bleeding at the nose, and, arising,
had gone to the river to battle his face
and wait till the bleeding had stopped.
While there a steamboat came along,
going aboard, he proceeded to New Or
leans. Thus were the tracks of blood
from the hotel to the river accounted
for.