The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1905-07-30
The Evidence Was at Fault.
Cases in Which circumstanal Proof Seemed 1rrefutab,


roborated by variety of circum-
stances
Saunders was known to have carried
large sum of money Hamilton. who
had previously been short of money
had since his return paid off debts to
considera BILE amount. A silver-handled
penknife. recognized by Saunders. was
seen in his possession. He would sit for
hours in state OF abstraction.
Hamilton was arrested, charged with
the murder of his friend. All the evil
dence at the trial was circumstantial
out II served to weave a perfect net
work of proof around the accused.
The intimacy of Hamilton and, Saun-
ders was proved; also the fact of their
losing their way in a country with
which Hamilton was perfectly familiar;
aIso Hamilton's being in funds after
his return; also his conduct on hearing
of the death of his friend.
1t was further proved that a revolver
and a college fraternity pin owned by
Hamilton were found near the body of
the murdered man
Finally the sister of Hamilton was
called, and was forced to acknowledge
that the clothes worn by her brother
on his return from the journey with
Saunders were torn, soiled with earth
and spotted with blood.
The jury returned a Verdict of guilty
without leaving their seats. Hamilton
was sentenced to death. but died in
prison, protesting with his last breath
his innocence.
to be executed in, Tennessee confessed
that he was one of the party with
whom Saunders and Hamilton had
camped; that he had seen Saunders dis
play money, and on hearing the friends
were about to separate, had advised
Saunders to take what he represented
was a shorter road; had followed him,
and had murdered him with a pistol
he had found that morning on the spot
where Hamilton slept.
The truthfulness of statement made
by Hamilton then became apparent.
Saunders had learned that Hamilton
was pressed for money. and at the time
Of parting had insisted on lending him
$500. which Hamilton accepted after
some hesitation Hamilton then I'M
cIasped his college pin and presented
it to his friend as a token of the friend
ship of which he had just received such
substantial proof. Saunders. in the same
spirit, had presented Hamilton with his
silver handled pocket knife. They then
parted
AS Hamilton was riding slowly home
ward, deep in thought and holding his
bride loosely. deer, springing out OF
a thicket. frightened his horse. which
threw him to the ground. The deer was
exhausted from a wound, and Hanil-
ton, in q spirit of compassion, examined
It as il lay on the ground The deer
struggled and its blood was sprinkled
on Hamilton's clothes, already torn and
soiled from his fall.
No scientific examination was made
of the blood on the clothes, which was
believed by the prosecution to be HUI
man.
Even through the confession of men
arrested Justice has miScarried A very
remarkable case of this nature was that
of the two BOorns, convicted IN the Su-
preme court of Vermont in September.
1873, of the murder of Russell Colvin,
May 10. 1872 1t appears that COlVfn,
who was a brother-in-law of the pris-
oners, was a person of weak mind, and
that he was considered burdensome 10
the family On the day of his disap-
pearance the three were in distant
field, when a quarrel broke out between
them, and one of them struck him a
blow on the head with a club.
Some suspicion of murder arose at
the time, and this was increased by the
finding of his hat in the same field a
few months later The suspicious were
subsiding, when, in 1919, one of the
neighbors having repeatedly dreamed
of the murder with great minuteness
of circumstances, both in regard to his
death and the concealment Of his re-
mains. the two brothers were accused
of the crime.
Upon strict search the pocketknife of
Colvin and a button of his clothes were
found in an old open cellar in the same
field, and in a hollow stump not many
rods from it were discovered two nails
and a number of bones believed to be
those of a man. The circumstantiaI evil
dence here was very strong, and the
brothers were convicted and sentenced
to die. On the same day they applied
to the legislature for a communication
of the sentence of death to imprison-
ment for life, which was granted TO one
of them. The brothers had previously
confessed, but reward was offered for
the missing man. He was found in New
Jersey and returned to him home. He
had fed for fear that the brothers
some animal. In the confession the
brothers had been advised by some mis-
Judged friends.
A young man named Boynton had
been staying for some days at the house
Of friend on a plantation on the Mis-
sissippi river. One morning the master
of the house was found murdered in
rice break. BY his side were found
Boynton's pistols, and in Boynton's hat
in the room where he had been sleeping,
was found a paper which was known
to have been in the pocket of the de-
ceased up to a short time before the
murder.
Boynton was convicted and executed
Not many months later a man who
had been prowling about the neighbor-
hood at this time was arrested, tried
and sentenced in another state for
murder. On the gallows he confessed
that he had committed the murder for
which Boynton was hanged. He had
taken the pistols from Boynton's pill
low, and had in return placed a paper
from the dead mans pocket in Boyn-
toms hat.-Chicago Inter-Ocean.