The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1897-10-30

and finally compelled him to come IN ant
help him TO remove the body. He wal
asked what young Sage had on his feet
aud he answered pair OF cowhide boots
one OF which was worn through at thu
side, and the other was worn through OF
the ball. The father said that was true
and that his son was about having thu
boots mendcd Blood was found on tn.
barn floor. and pieces OF the floor wer'
sawed up and saved for the trial. The
jack knife was also found, or one supposed
to be the knife used to complete the muir
der. Benson described the gaigwa,
through which the body was carried z
The haymow in an adjoining barn, ant
here tracks on the snow we're remembered
to have been seen from one barn to thu
other.
Benson snid he never saw the boy before
the murder, but he remembered bis ap'
pearance. He picked out man In the
room who had such hair, and the father
said the comparison was correct. NO doupi
now remained on the mind OF any person
In the room Of the guilt Of Nugent. When
the prisoner was brought in he was asked
II he knew Benson. He said: mo; have
never seen him before" Benson replied:
Yes you do. Nugent. and you know you
killed that boy, and that I helped to put
the boy under the hay" Benson was then
told to look Nugent in the face and tell
the whole story. He did so. Nugent all
the while trembling like condemned cul-
prit. On being told that he was In bad
scrape, he said: II know 1t, but God Ia
my mantle will get me out Of 1t" Nugent
was then remanded to prison. Accidental
circumstances delayed his trial. Notwith-
standing the direct character OF the above
testimony. subsequent events showed that
the eye that never sleeps--the Providence
that Is ever active in all the affairs OF
manknd-was watchful and vigilant as
ever to bring out the astounding truths that
seemed to lie so far beyond all human
vision. The missing lad Sage made his
appearance, and the sailor confessed that
he picked up the facts about the town.
and then concocted the whole story for the
sole purpose of obtaining the 5000 reward
offered
There is a case cited in William Wills
famous essay on the principles OF Cir
cumstantlal Evidence" which bears more
directly on the Luetgert case, because the
corpus deficit consisted Of some bones sup
posed to be- those of the murdered man.
1t was the case OF the two Boorns, con-
victed in the supreme court Of Vermont.
In September term, 1919, OF the murder
OF Russell Colvin. May 10, 1872. 1t ap-
peared that Colvin, who was the brother
in-law OF the prisoners, was a person of a
weak and not perfectly sound mind; that
he was considered burdensome to the fnm-
lily OF the prisoners, who were Obliged TO
support him; that on the day of his dis
appearance, being in a distant field, where
the prisoners were at work, violent
quarrel broke out between them, and that
them m a tftn Ia LOU mn
the back OF the head with club, which
felled him to the ground. Some suspicious
arose. at that time, that he was murdered
which were increased by the finding Of his
hat in the same field a few months after
wards. These suspicious In process OF time
subsidized, but in 1919 one OF the neighbors
having repeatedly dreamed OF the murder
with great minuteness Of circumstance
both In regard to his death and the con-
ceaiment OF his remains, the prisoners were
vehemently accused and generally believed
guilty OF murder Upon strict search the
pocket knife of Colvln and n button ef his
clothes were found in m old open collar in
tho same field. and in hollow stump two
nails and a number of bones believed TO
be those OF man, Upon this evidence,
together with the deliberate confession OF
the TACT OF the murder aud coIcealntnt Of
the body In those places, they were con-
victed and sentenced to die. On the same
uay they applied TO the legislature for a
commutation of the sentence of death to
that OF perpetual imprisonment, which as
TO one only Of them was granted The con-
fesston being now withdrawn and contra.
dicted and reward offered for the discov-
cry of the missing man, he was found in
New Jersey, and returned home in lime
to prevent the execution. He had fled for
rear that the prisoners would kill HIM The
pones were those Of an animal. The iris
oners had been advised by some msjudying
friends that, as they would certainly be
convicted upon the circumstances proved
their only chance for life was by a COM
muubtion OF punishment, and that this de-
pended on their making a penitential con-
iession and thereupon obtaining recomj
mendation to mercy.
This subject of circumstantial tes,lmt nv
IN murder cases Is by no means exhausted;
IN fact. it is almost inexhaustible.
Mac