Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1900-02-15
Evidence The Boorn
Case.

So far as we have noticed, MolneuXs
lawyers in the murder case. which has
been attracting so much attention for
months past, did not cite the case of
stephen Boom, which is so often recalled
in cases where conviction for murder is
demanded upon purely circums tantial evil
dcnce.
The Poorn case was one of the most re-
markable in the whole history of criminal
Jurisprudence. In May, 1872, a man named
Russell ColVin disappeared from the town
of Manchester, Vermont. lie had had
quarrel with two brothers named Jesse
and stephen Boom; and the neghbors and
public generally in that quarter came to
believe that the Boorns had killed Colvin
and hidden his body Seven years after,
some bones, with penknife and buttoniden-
tined as having belonged to Covin, were
found in a hollow stump. The Boorns
were arrested. and Jesse made a state
ment to the effect that he believed that
Colvin had been murdered, and by his
brother stephen. The grand jury found a
bill against the two brothers. and Stephen
Roorn made written confession, acknowl-
edging that he killed Colvin; but claiming
that it was in sclf-defence, as Colvin
struck him first The Boorns were tried
and upon the circumstantial evidence
bvought forward We're convicted of MUIR
der and sentenced to be hung. This was
in November, 1919. The Legislature, which
was then in session, commuted Jesse's
sentence TO Imprisonment for life; but
stephen remained under sentence of death.
A few days before the day set for his
execution Colvn was discovered alive and
well in Monmouth county, New Jersey.
He was brought to Manchester. where a
great crowd awaited his arrival. a can
non was brought out aand Stephen Boom
was taken out of the Jail and fired the
1 first sun in token of his own rescue from
death. Colvin's identity, the supposed
murdered man, was indisputable. He de-
olared that he was not dead and that the
Boorns never hurt him, except that Jesse
once struck him with a briac" Tie re-
NAMED for Il few days in Manchester and
then went back 10 his New jersey home,
where he died few years later. The
Judges at once granted stephen Boorn "a
new trial. the States attorney entered a
mol pros, and Stephen and his BROTHER
went free.
Inis story would be declared incredible
and the facts pronounced impossible, if
they were not established beyond all
doub: The mysterious feature of The
case is stephen Boorn's confession. The
explanation given of this is that he
thought the case was going against him,
and that by his confession he might in
duce the jury to make the crime only man
slaughter or pechaps justitabe homicide.
instead of murder. After his conviction
he strongly protested his innocence, and
asked his counsel to advertise for Colvin
and it was through an advertisement.
which the papers throughout the United
States were asked to copy, that Colvin
was found in his obscure New Jersey
home
This famous case has undoubtedly serv-
ed to make courts and juries cautious
| about disregarling the old rule of the
English law, that in order to a conviction
for murder the body of the murdered per-
, son must have been found, OF clear proof
of it's destruction produced. There have
= been other cases OF the conviction of in
, nocent persons upon circums tantial evil
dencc; but the courts very properly
recognize the general Importance of such
evidence If only the testimony of eye
, witnesses of a crime was to be admitted
many a criminal would go free. A.
, Recorder Gom said in his charge to The
jury:
THE object of a person meditatng q
crime is to prepare the crime and contriVt
a mode of escape; therefore the law W0ulG
G be powerless If exclusive reliance were tC
I be placed in the testimony of eye-wit
nesses. The law must look for the foot
prints, the dropped stitches which are the
tingerpostS of the crime. All these mus
= be inconsistent with the innocence of thu
= accused and entirely consistent with hi:
guilt"