The Commonwealth. — 1866-03-03 (London, England)

CIRCUMSTINTIIL EVIDENCE.  i The Benton all.) Stew/teed relates a story of a trial ' for murder, which ended in romance and not in tragedy. The men supposed to be murdered walked into court. i alive and well, during the trial. The Standard says : "A few weeks since we noticed the fact of the finding of a human skeleton in the woods, about two miles east of this place, by Mr. Benjamin Williams, and of the verdict of the jury of inquest, designating the skeleton as the remains of a young man by the name of Henry Mahorn, and implicating David Williams, a son of Benjauiin Williams, as the murderer. The circumstances surrounding the case were strongly against the accused, as the missing young man was last seen in this community about a year azo in company with Williams, on their way to enlist in the army as substitutes. "The accused, after an absence of a few weeks, returned home alone, stating that his comrade. Henry Mahorn, had enlisted in the 10th Regiment of 'Missouri Infantry. This appeared plausible at the time, and Henry Mahorn was almost entirely forgotten by our citizens, until the ending of the skeleton in the woods. The suspicions of our citizens were at once aroused, from the fact that the clothing was identified as the oft he inseam worn by Mahorn when last seen. Their suspicion that he had been foully murdered by Williams was much intensified by learning that hie father and familY• divine in Tennessee, had never heard from him frone_th,e time he left this neighbourhood in company with Av it; Der, on a Writ cf hams to join the army, although diligent inquairrrY:t: been made to ascertain if possible his whereaboute with the trial. the evidence pointed "The supposed murderer was immediately upon the rendering of the verdict of the jury quest, and lodged in the county gaol to await his trial. On Monday, the 15th instant, the prisoner was brought into court, before his Honour Judge prisoner as the n ceTsh, eascroeuvretalepdrobc3ereded the clothing found was identAL:horn, as habeasdTihreecctil directly corpus.otuomtea at his; and that ifireedarderer of certain teeth, which he was known to "ave had extracted ' in his lifetime, were the icleAtical ones that were foun wanting in the jaws of thed so .strong that nine-tenths of the "In fact, the circuneetances p , the accused were ekelet c°inti.ting to the guilt of 1 citizens of this oeteomunity were fully satisfied of his guilt. the midet.of the trial, imagine the utter astonishment of the court, counsel, witnesses, the eager and excited spectators, as well as the overwhelming joy of the hte dock, 1, ' prisoner ill the the sudden appearanCe of Henry Mahorn, in propria persona', in the court-room, in full vigour of life, haie and hearty, giving the most unmistakable evidence that he had not been murdered, and that the accused was innocent of the heinous crime wish which he was charged. The prisoner was SO overSo'' with j?3T at this unexpected and apparently providental deliverance from the suspicious circumstances ' that surrounded him that he wept like a child. The judge at once ordered the release of the accused. It seems that Mahorn had joined the army under an assumed name, and in consequence was unable to hold correspondence with his friends ; and beine discharged but a few days previous to the trial of the Soutig man Williams, aa his murderer, he fortunately arrived ill Banton the very day the trial commenced."  she night of the