Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1906-08-10
THE RIV AIS.
A Story of the Times of Aaron Burr and
Alexander Hamilton.
BY JERE CLEMENS.
CHAPTER XVI-CoNTINUED.

in New York, had maintained the
character of an industrious, sober, and
peaceable man. 1t was proved that,
from his occupation as boatman, he
generally received exactly the de-
scription of money which was found
I'm his chest; that he had never been
known to want money; that he was
on the best terms with his landlord,
who frequently left the shop for hours
in his charge; that they had slept
alone in the same house for months,
and that Durand had free access both
to the sleeping-room Of Franz and
the store-room below. Finally, Col
onel Burr called to the stand man
by the name Of Thomas Winters, who
testified that he knew Durand slightly,
and Roberts intimately. To a ques-
ton as to what Roberts did to earn
a support, he answered: Nothing,
as / knows on, except gamble, and
such like"
In answer to other questions, he
said that he was in Larkins's house
on the night Of the murder; that 1t
was usual at that house to close the
doors before ten o'clock, but the ini-
tiated, by giving a certain password,
could enter at any hour; that Durand
came In some time after the doors
were closed, and he overheard him
ask the landlord for Bill Jenkins;
that Larkins replied he had gone out,
and directed that any one who asked
for him should be told to wait, when,
to the certain knowledge Of the wit
ness, Jenkins had not been in the
house for days; that Durand did
wait for a considerable time, but at
last became impatient, and determin-
ed to go, Larkins still urging him to
wait longer. Witness stated that
Jenkins was a friend of his, and that
after Durand left, he concluded to
follow him and tell him where Jenkins
was; that he walked very fast without
however, overtaking Durand; that,
at the corner nearest the house Of
Klink, he heard Roberts give the
alarm to the watchman; that, In his
opinion, IL was impossible for Durand
to have reached home, committed the
murdere, and rified the house, within
the time he left Larkins's house and the
time he heard Roberts give the alarm.
He further testified that the loaded
club, exhibited in court, had been
taken by him from a room In Lar
kins's house occupied by John Rob
erts; that 1t usually hung on nail by
the door; that he had seen it there
several times when he went to
Roberts room to play cards, and that
two days ago he had taken 1t away,
unobserved, at the request Of Jenkins,
for the purpose Of exhibiting 1t on
this trial.
The testimony of this witness was
so clear and Straightforward. and he
maintained, in spite Of severe cross
examination. so much the air Of an
honest man. that, although he ac-
knowledged himself to be much of
a scamp, and a good deal addicted
TO low and disreputable vices, the
court and jury were inclined to give
him full credit; and the pains the
prosecuting attorney took to invali-
date his evidence proved that he re-
garded it as exceedingly dangerous
to his case.
It was late at night when Colonel
he i,,rxy Ia hn
gan by a dissertation on the nature Of
circumstantial evidence; admitted that
the law held 1t sufficient to a convic-
ton for the crime Of murder but
contended that certain rules were
laid down for its government, all of
which 1t was incumbent on the pros
ecution to show had been fully COM
piled with. If any one link should
be found wanting, the offense was not
proved, and the prisoner must be
acquitted. The first rule-the ground
work upon which everything rested
was, that the circumstances them
selves should be fully established.
Not by a mere preponderance Of evil
dence, but by the clear and positive
testimony of at least one unim peach
ed witness. Where a material cir
cumstance depended upon one witness
only, that witness must be supported
by collateral aid, especially if his
former character, contradictory state
ments, suspicious manner of tesu-
flying, or any other cause raised a
doubt of his credibility.
After dwelling upon this point until
he had sufficiently impressed it upon
the minds of the jury, he asked:
Have the circumstances in this case
been established according to the re-
ouirements of the law?" Some of
them, he admitted, had been. He
went over the testimony of the watch
men, and he believed their statements
to be true. But what was 1t? Un-
supported by Roberts, it did nothing
more than raise a bare presumption
of guilt; it fell far, very far short of
excluding, to a moral certainty, every
hypothesis but one that the prisoner
was guilty. The whole case, he con-
tended, depended at last upon Rob
sert's evidence alone. Was he sup
ported by collateral aid? No. Was
there nothing to throw a doubt upon
the credibility of the man? There
was not only enough for that purpose,
but enough to prove beyond all cavil
that he was a base and willful per-
jurer. He had sworn that he was a
day-laborer. while his hand gave con-
elusive evidence that it had long been
free from toll. He was directly con-
tradicted by Winters, who knew him
we'll, who had been his associate, and
who confessed, to his own shame,
that he had participated in his pur-
suits. He swore that Roberts was a
gambler, and followed no other busi-
ness
Colonel Burr then alluded to
Roberts's denial of ever having seen
the loaded club, when it was in proof
that it was taken from his room; that
it habitually hung there, and could
have belonged to no one else. The
jury, he said, must be satisfied that
in relation to the fact as in relation