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CIKCUMS'TANTIAL EVI
DENCE.
The following ‘retharkahle
rase, in n Hit ion to the one pub
lished at the time of the trial of
Richahd Patch, will shew the
danger of pronouncing the sen
fence of guilty upon persons a
gainst whom only circumsfantial
evidence can be adduced. As
the Judges are now on the cir
cuits, its perusal may hate a sal
utary effect upon the minds of
J u rors, who shov.Jj have it in re-
that ; t is better ten
jmilty persons escape, than one
Innocent man to suffer.
l.ondon Paper.
Cave of Jonathan Bradford, who
wav executed at Oxford,for the
murder es (.Kristopher Hayes,
Evq. in ttfcijY&r 173(5.
Jonathan bradfhfd kept an inn
in Osfot dshire, on the London
road to Oxford ; he'tJore an nn
escepiionable character. Mr.
Hayes, a gentleman'of fortune,
being on his way to Oxford on a
visit to a relation, put up at Brad
ford’s. Me there joined compa
ny with two gentlemen, “ith
whom he supped, and in conver
sation unguardedly mentioned
that he had al out him a large
turn of monet. !n due nfne
they retired to their respective
chambers ; the gentlemen to
a two-bedded room , leaving, as
is enstomaty with many, a can
dle burning in the chimney-cor
ner.—Sonic hours after they
were in bed one of the gentlemen
being awake, thought he heard
-a deep groan in the adjoining
chamber; and this being repeat
ed, he subtly awaked his friend.
They listened together, and the
’ groans inci easing fts of one dying,
they both instantly arose, and pro
ceeded silently to the doOr ol the
next chamber, from whence they
heard the groans, anti the door
being a jar, saw a light in the
room ; they entered, hut it is im
possible to paint their consterna
tion, on perceiving a person wel
tering in l,is blood in (be l ed,
and a man standing over him
with a datk lanthorti in one hand
a knile in the ‘other. ‘J he
man seemed as petrified as the in
selves but his terror t.irthd v. ith
il alt the terror of guilt! the gen
tlemen discovered it was the
stranger with whom they had that
night supped, and that the man
who was standing over him was
their host. They seiV.ed Brad
ford, directly disarmed him of
lus kni’ , and charged him with
being the murderer : he as, timed
by this time the air cf innocenct,
positively denied the crime, and
assented that he came there with
the same humane intentions as
themselves ; lor that hearing a
noise, which was succeeded by a
groaning, he got out of bed,
struck a light, ai med himself with
a knife for his defence, and was
but that minute entered tue room
before them. ‘The assertions
were cf little avail; he was kept
in dose custody till the morning
and then taken before a neighbor
ing justice of the peace, Bradfoid
still denied the murder, but ne
vertheless with such an apparent
indication of guilt, that the jus
tice hesitated uot to make u e of
this extraordinary’ expression, on
Wi lting out his mittimus ; “ i\ir.
IBradfuid either vou or myself
committed this murder.’’
This extraordinary affair was
the conversation of the whole
country. Bradford was tried o
ver and over again in everv com
pany. In the midst of all this
pre-determination came on the
Assizes at Oxford Bradford
was brought to trial ; he pleaded
sot guilty. Nothing could be
more strong than the evidence
cf the two gentlemen ; they tes
tified to the fending i\lr. Kayes
murdered in his bed ; Bradford
at die side ol the body with light
and a knife ; that knife and the
hand which held it bloody ; that
on their cnieiing the room he
foetraved all the signs of a gail y
man ; and that a ietv moments
j receding they heard the gic.in?
of the deceased.
.v * *
Bradford’s (It fence on me
trial was the same as before the
gtmlemen ; he had heard a nrese ;
he suspected some villainous
transaction ; he struck a light ;
he snatched a knife (the otil)
weapon near him)todefend him
self; and the terrors *he discov
ered were merely the terrors ol
humanity, the natural effects of
innocence as well as guilt, on
beholding such ft horrible scene ;
1 his defence, however could
be considered Hut as weak, con
trasted with the several power.
ful circumstances against him*
Ne'er was circumstantial evi
dehce more strong ; 1 here was
little need left of comment fiom
the Jflidge in summing up the
evidence. No room ap) ared for
extenuation,and the jury brought
in the prisoner guilty, without
going Out of lhe box. Bradford
ivas executed shortly alter, still
declaring he \vas not the mur
derer, nor privy to the murder
of i\tr. Ha) es', hut he died dis
believed by all. Yet were these
assurances not untrue ! The
murder wag actually committed
by Mr. Hayes’ footman ; who
immediately on stabbing his
master, riffled his breeches of
bis money, gold watch, arid snuff
box, and escaped to his room,
which could have been, from the
afier circumstances, scarcely
two seconds before Bradford’s
entering the unfortunate gentle
man’s chamber. The world
owes this knowledge to a re
morse of conscience in the foot
man (eighteen months after the
execution of Bradford) on a bed
of sickness ; it was a death-heel
repi ntance, and bv that death
the law lost its victim !
It is much to he wished that
this account could close here ;
hut it cannot ; Bradford, though
innocent, and not privy to the
murder, was nevertheless the
murderer in design. He had
heard as well as the footman,
what Mr. Haves had declared at
supper, as to his having a large
sum of money about him, and he
went to the chamber with the
same diabolical intention as the
servant. He was struck wi th a
mazement ! —He could not be
lieve his senses ! —and in turn
ing hick the bed clothes, to as
sure himself of the fact, he, in his
agitation, dropped his knife on
the bleeding body by which boin
his hand and his knife became
bloody. I bese circumstances
Bradford acknowledged to the
Clergyman who attended him al
ter Ins sentence.
INTERESTING TRIAL.
NEW-YORK, December 25.
A special Over and Terminer
was held at Flethush, in King’s
county, on Tuesday and Wed
nesday, the 16th and 17th inst
for tiie trial of William Cornwell
and Martin Hill , two boys, the
former about 14 years of age, and
the latter about 12, on a charge
of Arson, for burning the barn
of Hendrick L. Suydam, in the
town of Brooklyn,on the even
ing of the I6tb November.
About 4 o’clock in the after
nor a of Tuesday* the Grand Ju
ry brought in a bill of indictment
against Wm. Cornwell only for
the arson. Martin Hill having
been used as a witness.
1 hey were both indicted for
a grpnd larceny, for stealing ‘be
tween 20 and 30 dollars from
the store of Isaac Weeks, on the
same evening.
boon alter the grand jury came
into court Willram Cornwell was
put to the bar and arraigned.
He plead guilty ; but bis honor
judge Tompkins, who presided,
out of tenderness to the prison
er, and desirous that be should
have all the legal advan
tages which his youth could
allotd, directed the plea of
not guilty to be teconled, which
was accordingly entered. His
Honor tlibn assigned as counsel
for the prisoner, Mr. King and
Mr. Clai ke.
Air. Hiker, the District At
torney, dun moved the Court |
that the trial should proceed, j
but on account of the lateness of
the hour, the court adjourned
until ten o’clock the next mbrn
iup’.
On Wednesday* at the open
ing of the court the prisoner was
again put to the bar. 1 lie jury
were called, and five or six ol the
jurors were challenged by the
prisoner’s counsel, and set aside.
! After twelve*jurors appearing* &
1 being sworn, the District Attor
: ney opened the cause, and statec.
to the jury minutely the facts
| which he'should produce against
\ the priaoiver, to convince ihem
;ns well that he had burnt the
barn, as had the capacity
| t.q an object cf ‘egal
ffoV.ishment.
J\fv. “Suydam, the owner of
was called as a witness
and proved that his bzrn, togeth
er with property to a great a.
mount, and other buildings, had
been burnt on the night stated
in the indictment.
Martin Hill was then called.
The counsel for the prisoner ob
jected to Him as an incompetent
witness on the ground of infan.
cv. Oh examination by the
court he manifested great dis
cernment Sc talents, At appeared
to have a just sense of tiie con
sequences of corntiming perjuiv,
whereupon he Was sworn.
He testified that he and Corn
well had first entered the store
of Mr. Weeks, and forced open
the drawer of the counter with a
kniTe. That they took out be
tween 20 and 30 dollars, and de
-1 scribed the money’ v. ith great
exactness. He stated that they
had concealed the money in Air.
Cornwell’s cellar;
After this they concluded to
set fire to some barn.—-He stated
that thev had before bought a
candle to enable them to couut
the money, but the candle not
burning well they had thrown it
away and bought another of Mr.
Kann, where they also lighted it.
He further mentioned that it
went out several times and was
h3 often lighted by Hill, the wit
ness at different places, which
he particularly mentioned, and
also the different periods of time.
He said the last time the candle
was lighted, Cornwell went into
Chichester’s store and lighted it.
He also mentioned several othet
facts, in all of which he was sup
ported by witnesses of the utmost
iespectabilitv. Air; .Spragg saw
the prisoner light the candle at
Chichester’s and Justice Garri
j son saw him pass with a lighted
i candle in company with a boy of
i about tue size of Hill, who he
had no doubt was Hill. The mo
ney Was also found in the cellar
of Cornwell’s father, and was
produced in court. It exactly
answered the description of that
which had been stolen from Air.
Weeks;.
Both Hill the witness, and the
prisoner, on being examined se
parately by the magistrates, had
confessed their guilt.
Judge Furman and the other
magistrates before whom the
P r isoner and Hill had been ex
amined, proved in the fullest and
most satisfactory manner that
both the ladS'-possessed great and
unusual talents and cunning—
such indeed as is rarely met with
in young men in ordinary life of
IS.
Here tbs testimony against
the prisoner closed.
‘1 he counsel for the prisoner
produced only one witness—
The mother of the prisoner.
Her testimonv, however, rather
established that he was above 14.
Her distress, and the consequent
effect it had upon the boy, pro
duct'd a most affectionate scene.
Thev both wept bitterly and
sobbed aloud. For a few mo
ments it interrupted the pro
ceedings of the court. Many of
the bystanders shed tears, and
every countenance was marked
with pity and compassiou.
Air. King, of the counsel for
the prisoner, rose and addressed
the jury in a speech cf nearly an
hour. He delivered himself with
great force and eloquence, and
defended the unfortunate lad
with distinguished ability. He
w 4s peculiarly successful when
he addressed the feelings of the
jury. Every man appeared deep
ly affected for the little cu’pvit,
on whose fate tin y were to pass
the>r vet diet.
Air. King having concluded,
the District Attorney rose in
reply—After premising that it
was one of the nuest painful du
ties which Ids official situation
had ever imposed, that he felt
the same sensibilitv’ which the
jury had manifested, as well for
the sufferings of the mother as
the misfortunes of the boy—he
proceeded to state the law upon
the subject. He read several
cases, where infants*under four
teen, I'ad been punished in Eng
land with death ; after which he
vventthrough the evidence mi
nutely, and concluded, with ob
serving, that in his opinion, the
j ! aw and the facts were conclusive
against the pt isoner, and that the
j jiiyv must find him guilty.
His honor Judge Tompkins
I delivered the charge of the
court- ...
He began with cautioning tne
; jurv against indulging any pre
| pidices which the enormity or
j danger, of the crime might ex
i c Jte. To guard themselves a
j gainst convicting for the sake of
example, or on the grounds of
policy, or because it might be
essential to the safety of the
community. He emphatically
told them to be biased by tip such
i considerations, and that if the
prisoner was not a fit object of
legal punishment, or if they had
a doubt on the subject, it was a
solemn duty which they owed to
their consciences and to the law
to acquit.
His honor then recapitulated
the evidence, and concluded
with declaring the lav’ to be, that
a boy above the age of 14 is pre
sumed in law capable to com
mit a felony, and is liable to suf
fer the same punishment as if he
was of full age. That a hoy un
der 14 years is presumed in law
incapable to commit a felony,
but that the presumption raised
by the law out of tenderness to
infants may be rebutted by
proof. If therefore it should ap
pear that an infant under the age
of foui teen and not less than
seven, had very extraordinary
discernment and cunning, so as
to distinguish clearly between
! good and evil, and be fully con
| scions of what he did, and es
pecially if he evinced more in
-1 telhgence than boys usually do
at fourteen, he might inlaw com
i mit a felony, and be the object
I of punishment. That according
i fy cases had been cited where in
i England a girl of 13 had been
j burnt for killing her mistress —
; one boy of 10 and another of 9
j who Had killed their companion,
i had been sentenced to death, and
he of 10 years actually hanged,
because ohe had hid himself and
the other the body he had killed.
And one boy ,6f only 8 years was
tried at Abingdon for firing two
barns. He discovered great
malice, revenge, and cunning,
was condemned, and hanged ac
cordingly. In modern times, a
boy of only 10 years was unani
mously adjudged by all the
judges in England to be a fit sub
ject of capital punishment.
His honor however concluded
by charging the jury, that in all
such cases the evidence of that
discernment and malice, which
is to supply the want of age,
must be strong and clear beyond
all doubt and contradiction.
The jury retired for about
half an hour, and brought in a
verdict of Guilty-
After this Martin Hill was ar
raigned for the Larceny, to
which he plead not guilt}’. But
the evidence against him was
so full and clear, both as to his
having committed theft, and of
his capacity, that the jury found
him guilty, after having been out
of court about five minutes.
Cornwell was sentenced to
the State Prison during life} and
Hi‘l for two years St a half.
BERLIN, Oct j 24.
Marshal Davoult has his
head-quartet s at Potsdam; the
Bavarian envoy Chevalier de
Bray, and the Dutch charge d’
cfTairs M. fcour&rux
gone from here to faidY.’
to recommend the \ v ‘ f |’
t>f thin city—the njinifle,, 1
helitial prices, au d ih eir f
jests, who ate here,
from all war charges. V’
Flulin who command, b!
was lad year a id, F Ul;thc
maridant at Vienna.
ANCLAM, Oct, ojj
The theatre of war
* till no*, in H C e „ t|[ ‘
ol Mark, draws nearer ,
nearer to the boundaries
Pomerania; there was abi
tie near Templin; a canno
ade wf.s heard here this riav
a v. ar treasure at rived h q
to day.
ST JC.TI IN, Oct. 23
The corps of Hohentol
and the French troop;, M ,
according to report, to set,
yederday, near Neudadtl
berfwaid, from whence t
news is expended—T he Ften
troops are expelled here
day or to morrow. The £
.giifli consul has left thispl ac
( INCINNz'i 11, Nov. 2;,
Col. Aaron Burr arrived
town on Friday evening ij
omhe fame evening two g
tlemen arrived here, whoi
formed, that they had pal]
two boats defending the Oh
—one was a large Keel, j 0 a
ed with French mufketi, at
they believed the other'.;
loaded with ore - tnce Sc w
Uets., The crew (poke nothi
but French during their 0
on board, and that they pal
every town on the river ait
night.
They further mention to
several large boats, loaded*
provilions would fhoitly folio
under the command of B:i
nerhaffet.
Burr’s arriving here ont
fame evening, gives it rathe
squally appearance.
NEW-YORK, Dee. 21.
K
Avery fericus riot took pia
in this city on Thursday eve
ing. It originated, weundi
ftarid, with a desperate assoc
tion of unprincipled men,c
ling themselves Higusisdi:
who, under pretence of dera
lithing houses of ill famr.co
mit the moft diforderiy psi
tices upon peaceable andc
offending citizens. A p®
of vhefe banditti, amount!
to about 50, aIF m bled
Christmas Eve, in front ofi
Roman Catholic church,
Barclay street, with the expt
tation that certain ceremoni
ufualin catholic countties, h
generally omitted here,
be performed. The Hit
binders infilled upon thechm
doors being opened, andt:
the ceremonies fliould coi
mence; A member of 1
corporation and of the child
prevailed upon them to rto
but they returned a
time, abused the watch®*
and did not disperse until a 5
ry late hour. j
A number of the lower cl
of Irishmen, residing pr |n
pally in Auguflus* CroM
Barclay flreets, enraged aT
lawless attack upon their rs
gion, collected on the f° 0
ing evening,
serious riot enTued. H iei !
tain of the middle watch,*
18 watchmen, hearing
fome diflurbance had broj
out, immediately p r oceeut
Augullus llreet; but w
dispersed by a large Ml
Irishmen, who, at acel ‘
lignal, attacked tbera *