No. LXXXI.
The grand jurors of Bennington County found a bill of indictment, against Stephen and Jesse Boorn, September 3, 1819, for the murder of Russell Colvin, May 10, 1812, charging Stephen, as principal, in the first count, and Jesse, in the second.
The facts, proved, upon the trial, by witnesses, whose testimony was unimpeached, and which facts appear, in the minutes of evidence, certified by Judge Dudley Chace to the General Assembly, November 11, 1819, were, substantially, these. Before the time of the alleged murder, Stephen had complained that his brother-in-law, Colvin, was a burden to the family; and Stephen had said, if there was no other way of preventing him from multiplying children, for his father-in-law, Barney Boorn, to support, he would prevent him himself.
At the time of the alleged murder, Stephen and Jesse Boorn had a quarrel with Colvin. The affair, in part, was seen and heard, by a neighbor, from a distance. Lewis Colvin, then ten years old, the son of Russell, was present; and, when seventeen, testified at the trial, that the last time he saw his father was, when the quarrel took place, which arose, at the time they were all engaged, in picking up stones—that Colvin struck Stephen first, with a small stick—that Stephen then struck Colvin, on his neck, with a club, and he fell—that Colvin rose and struck Stephen again—that Stephen again struck Colvin with the club, and knocked him down—whereupon the witness, being frightened, ran away; and was afterwards told, by Stephen, that he would kill him, if he ever told of what had happened. The witness further stated, that he ran, and told his grandmother.
Stephen appears to have been gifted with a lively fancy. It was testified, that, before this occurrence, speaking of his sister and her husband, he had said he wished Russell and Sal were both dead; and that he would kick them into hell if he burnt his legs off. This piece of evidence, after having produced the usual effect upon the jury, was rejected.
Upon another occasion, four years after the alleged murder, Stephen stated to Daniel D. Baldwin, and Eunice, his wife, that Colvin went off very strangely; that the last he saw of him was when he, Stephen, and Jesse were together, and Colvin went off to the woods; that Lewis, the son of Colvin, upon returning with some drink, for which he had been sent, asked where his father was, and that he, Stephen, replied, that Colvin had gone to hell; and Jesse, that they had put him where potatoes would not freeze; and Stephen added, while making this statement to the Baldwins, that it was not likely he or Jesse would have said this to the boy, if they had killed his father.
When the body was sought for, before the bones were discovered, which were mistaken for human remains, a girl said to Stephen, “they are going to dig up Colvin for you; aren’t they?” He became angry, and said, that Colvin often went off and returned—and that, when he went off, the last time, he was crazy; and went off without his hat.
About four years after his disappearance, an old mouldy hat was discovered, in the field, where the quarrel took place; and was identified, positively, as the hat of Colvin, by the witness who had seen the quarrel, from a distance, as I have stated.
Stephen denied, to Benjamin Deming, that he, Stephen, was present, when Colvin went off, and stated, that he was then, at a distance.
To Joseph Lincoln he said, that he never killed Colvin—that he, and Colvin, and Jesse were picking up stones, and that Colvin was crazy, and went off into the woods, and that they had not seen nor heard from him since.
To William Wyman, Stephen reäffirmed his statement, made to Benjamin Deming—called on Wyman to clear up his statement, that he, Stephen, had killed Colvin—asserted, that he knew nothing of what had become of Colvin; and that he had never worked with him an hour.
The minutes of the Judge furnish other examples of similar contradiction and inconsistency, on the part of Stephen Boorn.
But the reader will bear constantly in mind, that, through a period of seven years, during which the suspicion of the vicinage hung over them, like an angry cloud, sending forth occasional mutterings of judgment to come, and threatening to burst upon their heads, at any moment; neither of these miserable men attempted flight or concealment. Two years before his arrest, Stephen removed from Manchester, as I have related; but, in an open manner. There was not the slightest disguise, in regard to his abode; and there, when it was thought proper to arrest him, he was readily found, in the bosom of his family.
In 1813, Jesse Boorn was asked, by Daniel Jacobs, where Russell Colvin was; and replied, that he had enlisted, as a soldier in the army.
Thus far, the evidence, certified by Judge Chace, appears to have proceeded from perfectly credible witnesses. Silas Merrill, in jail, on a charge of perjury, testified to the following confession—that, when Jesse returned to prison, after his examination, he told Merrill, that “they” had encouraged him to confess, with promise of pardon, and that he, Merrill, had told him, that, perhaps, he had better confess the whole truth, and obtain some favor. In June, 1819, Jesse’s father visited him in jail—after he went away, Jesse seemed much afflicted. After falling asleep, Jesse awoke, and shook the witness, Merrill—told him that he, Jesse, was frightened—had seen a vision—and wished the witness to get up, for he had something to tell him. They both arose; and Jesse made the following disclosure. He said it was true, that he, and Stephen, and Colvin, and Lewis were in the lot, picking stones—that Stephen struck Colvin with a club—that the boy, Lewis, ran—that Colvin got up—that Stephen struck him again, above the ear, and broke his skull—that his, Stephen’s father came up, and asked if Colvin was dead; and that he repeated this question three times—that all three of them carried Colvin, not then dead, to an old cellar, where the father cut Colvin’s throat, with a small penknife of Stephen’s—that they buried him, in the cellar—that Stephen wore Colvin’s shoes, till he, Jesse, told him it would lead to a discovery.
Jesse, as the witness stated, informed him, that he had told his brother Stephen, that he had confessed. When Stephen came into the room, witness asked him, if he did not take the life of Colvin; to which he replied, that “he did not take the main life of Colvin.” Stephen, as the witness stated, said, that Jesse’s confession was true; and that he, Stephen, had made a confession, which would only make manslaughter of it. The witness, Merrill, then proceeded to say, that Jesse further confessed, that, eighteen months after they had buried the body, they took it up, and placed it under the floor of a barn, that was afterwards burnt—that they then pounded the bones, and put them in the river; excepting a few, which their father gathered up, and hid in a hollow stump.
At this stage of the trial, the prosecuting officer offered the written confession of Stephen Boorn, dated Aug. 27, 1819. The document was authenticated. An attempt was made by the prisoners’ counsel, to show, that this confession was made, under the fear of death and hope and prospect of pardon. Samuel C. Raymond testified, that he had often told the prisoner to confess, if guilty, but not otherwise. Stephen said he was not guilty. The witness then told him not to confess. The witness said he had heard Mr. Pratt, and Mr. Sheldon, the prosecuting officer, tell Jesse, that, if he would confess, in case he was guilty, they would petition the legislature in his favor. The witness had made the same proposition to Stephen himself, and always told him he had no doubt of his guilt; and that the public mind was against him.
The court, of course, rejected the written confession of Stephen, made, obviously, under the fear of death, and the hope and prospect of pardon. William Farnsworth was then produced, to prove the oral confession of Stephen, much to the same effect. To this the prisoners’ counsel objected, very properly, as it occurred after the very statement and proposal, made to the prisoner, by Mr. Raymond. The court, nevertheless, permitted the witness to proceed. Mr. Farnsworth then testified, that, about two weeks after the date of the written confession, Stephen confessed, that he killed Russell Colvin—that Russell struck at him; and that he struck Russell and killed him—hid him in the bushes—buried him—dug him up—buried him again, under a barn, that was burnt—threw the unburnt bones into the river—scraped up some few remains, and hid them in a stump—and that the nails found he knew were Russell Colvin’s. The witness told him his case looked badly; and, probably, gave him no encouragement. Stephen then said they should have done well enough, had it not been for Jesse, and wished he “had back that paper,” meaning the written confession.
After Mr. Farnsworth had been, thus absurdly, permitted to testify, there was no cause for withholding the written confession; and the prisoners’ counsel called for its production. This confession embodies little more, with the exception of some particulars, as to the manner of burying the body; but is entirely inconsistent with the confession of Jesse. It is a full confession, that he killed Russell Colvin, and buried his remains. But, unlike the confession of Jesse, there is not the slightest implication of their father.
The evidence, in behalf of the prisoners, was of very little importance, excepting in relation to the fact, that they were persuaded, by divers individuals, that the only chance of escaping the halter was, by an ample confession of the murder. They were told to confess nothing but the truth—but this was accompanied, by ominous intimations, that their case “looked dark”—that they were “gone geese”—or, by the considerate language of Squire Raymond—as he is styled in the minutes—that he “had no doubt of their guilt;” and if they would confess the truth—that is, what the Squire had no doubt of—he would petition the legislature in their favor! What atrocious language to a prisoner, under a charge of murder!
It would be quite interesting to read the instructions of Judge Dudley Chace, while submitting the case of Stephen and Jesse Boorn to the jury; that we might be able to comprehend the measure of his respect, for the law, touching the inadmissibility of such extra judicial confessions, and for the solemn, judicial declaration of Sir Matthew Hale, that no conviction ought ever to take place in trials, for murder or manslaughter, until the fact was clearly proven, or the dead body of the person, alleged to have been killed, was discovered.
In “about an hour,” the jury returned a verdict of guilty, against Stephen and Jesse Boorn. And, in “about an hour” after, the prisoners were brought into court again, and sentenced to be hung, on the twenty-eighth day of January, 1820. Judge Chace is said to have been “quite moved,” while passing sentence on Stephen and Jesse Boorn. It would have been well, for the cause of humanity, and not amiss, for the honor of his judicial station, if he had shed tears of blood, as the reader of the sequel will readily admit.